Law library · Sierra Leone · The Proprietary Railways Ordinance
Section 22, The Proprietary Railways Ordinance
Status not yet checkedThe Proprietary Railways Ordinance, Sierra Leone
The owner of a railway having, or working, a railwaywhich forms a continuous line of communication with another
railway, or haviJ?-g his terminus o~ stations within one_ mile of ~he
terminus or statwns of another rmlway (such other railway bemg
in each case either a Government or a private railway), shall
afford all due and reasonable facilities for receiving and
forwarding by the railways owned or worked by him all traffic
arriving by, or destined for, the other railway, without any
unreasonable delay, and without any such preference or
advantage, or prejudice or disadvantage, as aforesaid.
23. {1) Any person who considers himself aggrieved by any
alleged contravention of either of the last two preceding sections
by the owner of a railway may apply, by petition, to the
Supreme Court for relief.
(2) An application under this section shall be heard by the
Chief Justice, and the Chief Justice shall have power to make
such order as he considers proper in the circumstances.
{3) Every case so referred shall be deemed to be a "matter"
within the meaning of the Courts Ordinance.
24. {l) Whenever it is shown that the owner of a railway
charges one trader, or class of traders, or the traders of any local
area, lower rates for the same or similar animals, produce or
goods, or lower rates for the same or similar service, than he
charges to other traders, or classes of traders, or to the traders
of another local area, the burden of proving that such lower
charge does not amount to undue preference shall lie on the
owner of the railway.
{2) In deciding whether a lower charge does or does not
amount to undue preference, the Court may, so far as it thinks
_reasonable, in addition to any other conditions affecting the
case, take into consideration whether such lower ratwis necessary
S.L.-VoL. III-I4
Facilities for
forwarding
traffic by and
from other
railways.
Procedure
when complaint is made
of breach of
last two
sections.
Cap. 7.
Proof of
undue
preference.
Power to
make rules.
Power of
entry on
adjoining
lands in case
of accident.
for the purpose of securing, in the interests of the public, the
traffic in respect of which it is made.
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