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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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