CANALS. 



when the same is re-opened the company shall so report to the Board of 

 Trade." [Section 39 (3).) 



And section 42, which runs as follows : — ■ 



" No railway company, or director or officer of a railway company, shall, 

 without express statutory authority, apply or use or authorise or permit the 

 application or use of any part of the company's funds for the purpose of 

 acquiring-, either in the name of the railway company, or of any director or 

 officer of the railway company, or other person, any canal interest, or of 

 enabling- any director or officer of the railway company, or other person, to 

 purchase or acquire any canal interest, or of guaranteeing- or repaying to any 

 director or officer of the railway company or other person who has purchased 

 or acquired any canal interest the sum of money expended or liability incurred 

 by such director, officer., or person in the purchase or acquisition of such 

 canal interest, or any part of such money or liability. 



^' In the event of any contravention of the provisions of this section, the 

 canal interest purchased in such contravention shall be forfeited to the 

 Crown, and the directors or officers of the company who so applied or used, 

 or authorised or permitted such application or use of the company's funds, 

 shall be liable to repay to the company the sums so applied or used and the 

 value of the canal interest so forfeited ; and proceedmgs to compel such re- 

 payment may b,; taken by any shareholder in the company. 



" In this section the expression ' company*s funds ' means the corporate 

 funds of any railway company, and includes any funds which are under the 

 control of or administered by a railway company; the expression ' officer ' 

 includes any person having any control over a company's funds or any part 

 thereof; and the expression ' canal interest ' means shares in the capital of a 

 canal company, and includes any interest of any kind in a canal company or 

 canal." (Section ^2.) 



On August 25th, 1894, " An Act to Amend the Railway and Canal Traffic 



The Amending ^^^ °h-'^^\" became law. This brief but important 

 w . J, .««, Amendmg- Act may be quoted here tn extenso. It 



Act of 1895. ^.jns as follows :— 



" An Act to amend the Railway and Canal Traffic Act, 1888. 



[25th August, 1894.] 

 Be it enacted by the Queen's most Excellent Majesty, by and with the advice 

 and consent of the Lords Spiritual and Temporal, and Commons, in this 

 present Parliament assembled, and by the authority of same, as follows: 



" I. — (i.) Where a railway company have, either alone or jointly with any 

 other railway company or companies, since the last day of December, one 

 thousand eight hundred and ninety-two, directly or indirectly increased, or 

 hereafter increase directly or indirectly, any rate or charge, then if any com- 

 plaint is rpade that the rate or charge is unreasonable, it shall lie on the com- 

 pany to prove that the increase of the rate or charg-e is reasonable, and for 

 that purpose it shall not be sufficient to show that the rate or charg-e is within 

 any limit fixed by an Act of Parliament or by any Provisional Order confirmed 

 by Act of Parliament. 



" (2.) Under and subjejct to any regulation which may be made by the Board 

 of Trade, every railway company shall keep the books, schedules, or other 

 papers, specifying all the rates, charges, and conditions of transport in use 



