306 Board of Trade Railway Conference, [july, 



Where the tribunal is not agreed upon by the parties, the Registrar 

 to determine whether the dispute shall be referred to (a), (b), or (c). 



4. The parties may also agree that in cases (a) and (b) the decision 

 shall be final, and in that event the decision shall not be open to review 

 on any ground for a period of three years. 



In default of agreement : — 



(1) Any decision come to before the Registrar sitting with or 

 without assessors to be subject to appeal in the Court of the 

 Railway and Canal Commission. 



(2) The costs of the appeal to be paid by the party applying for it if 

 the decision of the Registrar is confirmed. 



5. In proceedings before the Registrar, whether with or without 

 assessors, the parties may appear in person or by their solicitor or 

 counsel. 



Only one counsel or solicitor to be heard on behalf of each party to 

 the dispute. 



Commercial Court practice to be followed. 



6. The Registrar to have power to refer the case, or any question 

 arising therein, to the Commissioners at any stage of the proceedings. 



7. When the Registrar sits with assessors, two assessors to sit unless 

 otherwise ordered. 



Such assessors to be appointed by the parties, one by the complainant 

 and the other by the defendant. No barrister or solicitor to be 

 nominated as an assessor. 



8. In the case of complaint of an increase of rate, or an application 

 for through rates, it shall no longer be a necessary preliminary to a 

 complaint to make any application to the Board of Trade under 

 Section 31 of the Railway and Canal Traffic Act, 1888, it being under- 

 stood, however, that this procedure before the Board of Trade shall 

 always be available if desired. 



Owner's Risk Rates. — Owner's risk rates are rates made 

 by special contract, under the provisions of Section 7 of the 

 Railway and Canal Traffic Act, 1854. They are generally 

 lower than the ordinary^ rates, and in consideration of the 

 reduction in the rate, the contract, which must be signed by 

 the trader, and is only enforceable at law if its conditions 

 are held to be just and reasonable, relieves the railway com- 

 panies from their ordinary liability as carriers, except in the 

 case of the wilful misconduct of their servants. Sometimes 

 the consideration for the contract is not a reduction in rate, 

 but the acceptance unpacked of goods liable to breakage or 

 damage. 



The grievances put forward on the part of the traders were 

 mainly twofold: — (1) that the companies ought not only to 

 be liable for wilful misconduct, which was difficult of proof, 

 but should also pay compensation in extreme cases in which, 

 for example, loss or damage was occasioned by the grosser 



