1853. Re BOYCE. statute inconsistent with a fresh committal under such has money return. Prisoner remanded. Tuesday, June 7th. Declaration by the U. Railway Company against the C. Railway The EASTERN UNION Railway Company against THE declaration stated that plaintiffs are proprietors of and carriers over a railway called The Eastern Company, stated that the plaintiffs were proprietors of and carriers over the U. Railway, and defendants of and over a railway from London to Colchester (the C. Railway): that the railways joined at Colchester; that differences had arisen between plaintiffs and defendants as to what arrangements should be made by them, respectively, for affording proper facilities, conveniences and accommodation for the interchange and transmission of traffic from one railway to, upon and along the other that by statute it was enacted that, if plaintiffs or defendants should so require, within fourteen days after notice, it should be referred to arbitration, in the manner provided by The Companies Clauses Consolidation Act, 1845, with respect to settlement of disputes by arbitration, to determine what arrangements should be made by plaintiffs and defendants, or either of them, for affording proper facilities and convenience for the conveyance and all other accommodation of passengers, animals and goods, to be conveyed from the U. Railway, or any part thereof, upon and along the C. Railway, between London and Colchester, or any part thereof, and from the C. Railway between London and Colchester or any part thereof, and upon and along the U. Railway, or any part thereof; and to determine the terms and conditions on which such use, conveyance and accommodation should be afforded; and generally to determine all matters incident to the arrangements before mentioned, or which might be necessary or expedient for giving effect to the same: and that it should be competent for the arbitrators to order and direct plaintiffs and defendants to do all such acts as might be necessary and expedient for carrying the arrangements into effect, and to determine that, for each default, the Company in default should pay to the other such sum, by way of liquidated damages, as the arbitrators might appoint such damages, if above 50l., to be recoverable in any Court of competent jurisdiction: provided that neither Company should be authorized to run locomotives on the line of the other. Held that the arbitrators had power to order: 1. That the defendants should run every day, except Sundays, an express train from the 1853. EASTERN Railway V. EASTERN COUNTIES Railway Company. Junction to station, de parting at arriving at half 10 A.M. and Union Railway; and the defendants are proprietors of and carriers over a railway from London to Colchester; and the said railways join and communicate with each other at Colchester aforesaid: and, before the passing of the Act next mentioned, various differences had arisen between the plaintiffs and defendants as to what arrangements should be made by them respectively for affording proper facilities, conveniences and accom- Colchester modation for the interchange and transmission of traffic their London from one of the said railways to, upon and along the other and by The Eastern Union Railway Amendment Act, 1851 (a), it was enacted (b) that, if, at any time or times after the passing of the said Act, either the plain- three intertiffs or the defendants should so then require, then tions; which within fourteen days after a notice in writing by the to be a speed of thirty six Company so requiring, under the hand of the secretary, miles per hour. addressed to the other Company, and delivered to the times of desecretary or left at the chief office thereof, it should be referred to arbitration in the manner provided by The Companies Clauses Consolidation Act, 1845, with respect to the settlement of disputes by arbitration, to past 11 A.M., stopping at was admitted For that the parture and arrival were which properly made part of ment, and the circumstances the arrange Court could that the speed was improper, in the absence of any allegation to that effect. was no objection that the award did not limit the time during which the arrangement was to continue, as new regulations might be made, under the arbitration clause, from time to time. 2. That the defendants should run an express train, with specified times of departure and arrival, from their London station to the Colchester Junction. 3. That the defendants should convey, from the U. Railway, on the C. Railway, the carriages and luggage vans, which had been used on the U. Railway for the passengers brought thereon to Colchester, to London for the conveyance of such passengers and their luggage. So held, upon demurrer to a declaration for the liquidated damages for non-compliance with the above orders. (a) 14 & 15 Vict. c. lviii., local and personal, public, "to facilitate intercourse between the Eastern Union and certain other railways; to alter certain charges upon The Eastern Union Railway and The Stowmarket Navigation; and for other purposes." (b) Sect. 4. 1853. EASTERN UNION Railway Company V. EASTERN COUNTIES Railway Company. determine what arrangements should be made by the plaintiffs and the defendants, or either of them, for affording proper facilities and convenience for the conveyance and all other accommodation of passengers, animals and goods, to be conveyed from The Eastern Union Railway, or any part thereof, upon and along The Eastern Counties Railway, between London and Colchester, or any part thereof, and from The Eastern Counties Railway, between London and Colchester, or any part thereof, and upon and along The Eastern Union Railway, or any part thereof; and to determine the terms and conditions on which such use, conveyance and accommodation should be afforded; and generally to determine all matters incident to the arrangements herein before mentioned, or which might be necessary or expedient for giving effect to the same: and that such reference should be made and conducted in all respects according to the provisions of the said Companies Clauses Consolidation Act, 1845; and the award or determination of the arbitrator or arbitrators, or umpire, as the case might be, should in any such case be binding on the plaintiffs and the defendants, and be carried into effect accordingly: and that it should be competent for such arbitrator or arbitrators, or umpire, as the case might be, in and by any such award, to order and direct the plaintiffs and defendants, or either of them, to do all such acts as might be necessary or expedient for carrying the said arrangements into effect, and also to award and determine that, for each default or evasion thereof, the Company in default should pay to the other of such Companies such sum or sums of money, as and by way of liquidated damages, as he or they might appoint; and that such damages, if under 50%, might be recovered in a summary manner before the justices of the peace for the county of Essex, or in any county court of the same county; and, if above 50%, might be recovered in any court of competent jurisdiction: Provided always that nothing in the said Act shall be held to authorize either of the said Companies, respectively, to run locomotive engines upon any portion of the line belonging to the other Company. And, after the passing of the said Act, plaintiffs, by a notice in writing dated 20th December 1851, under the hand of their then secretary, and addressed to the defendants, and duly delivered to the defendants' secretary, required of the defendants that within fourteen days it should be referred to arbitration, in the manner provided by The Companies Clauses Consolidation Act, 1845, to determine the various matters and things by the said Eastern Union Railway Amendment Act, 1851, authorized and directed to be so determined, and which are hereinbefore mentioned. And plaintiffs and defendants did not concur in the appointment of a single arbitrator: and afterwards plaintiffs duly nominated and appointed Charles Locock Webb to be an arbitrator &c., and defendants duly nominated and appointed George Parker Bidder to be an arbitrator &c.; and Webb and Bidder took upon themselves the reference, and, before entering upon it, duly appointed an umpire &c. upon matters on which they should differ: and Webb and Bidder duly considered the matters so referred to them; and afterwards, on 23d February 1853, made their award in writing, of and concerning the premises, and 1853. EASTERN UNION Railway Company V. EASTERN thereby awarded, determined, ordered and directed that defendants should, for the conveyance and accommodation of passengers to be conveyed from The Eastern Union Railway, or any part thereof, upon and along The Eastern Counties Railway to the several stations following, that is to say, to the station at Marks Tey otherwise Marks Tey Junction, to the station at Chelmsford, to the station at Romford, and to the station at Shoreditch, run, daily and every day (except Sunday), an express or quick train from the said junction of the line of the defendants with the line of the plaintiffs at Colchester, in the county of Essex, to the station at Shoreditch in the county of Middlesex, and should cause such express or quick train to depart, daily and every day, except Sundays, from the junction at Colchester aforesaid, at the hour of ten of the clock in the forenoon, and to stop at the stations at Marks Tey, otherwise Marks Tey Junction, at Chelmsford, and at Romford, and to arrive at the said station at Shoreditch at or before half past eleven of the clock in the forenoon of the same day, and by such trains should carry and convey all such passengers to be conveyed as aforesaid; and that, for each and every wilful default or evasion thereof, defendants should pay plaintiffs, as and by way of liquidated damages, the sum of 201. And Webb and Bidder did, by their said award, further award, determine, order and direct, that the defendants should, for the conveyance and accommodation of passengers to be conveyed upon and along The Eastern Union Railway or any part thereof, from the several stations of the defendants following, that is to say the station at Shoreditch, the station at Chelmsford, and the station at Marks Tey, |