UC-NRLF *B 5fiq TbT i^uftltc ©eiteral ^cts REGULATIOiN Oh EAILWAVS. 1338 1845. j W I T H G E r; K 'I A L INDEX. Price Four SJiilHnffs. '"^^^ K w"^ ^ 'W' ■I- O^* iMMSl t, SOW,! \ Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/collectionofpublOOgrearich A COLLECTION OF THE PUBLIC GENEKAL ACTS FOR THE INCLUDING THE COMPANIES, LANDS, AND RAILWAYS CLAUSES CONSOLIDATION ACTS. 1838—1845. -VITZTB GSXrSZtAK ZSTBBX. WESTMINSTER: JAMES BIGG AND SON, BOOKSELLERS, STATIONERS, AND PRINTERS, 53, PARLIAMENT STREET. Lately Published by James Bigg and Son. The Keports of the Railway Department of the Board or Trade on Schemes for Extending Railway Communi- cation, and on Amalgamations of Railways, with Copious Index. \2vcio^ cloth. Trice 5s. ; or forwarded bi/ post, 6s. 2d» The Standing Orders of the House of Commons relative to Railway, Canal, and other Private Bills, with Abstract, Index, and Plan. 12mo, cloth. Price 2s. 6d. ; or forwarded by post, 3s. 2d. The Standing Orders of the House or Lords relative to Railway, Canal, and other Private Bills, with Abstract, Index, and Plan. 12mo, cloth. Price 2s. 6d. ; or forwarded by post, 3s. 2d. The Standing Orders of both Houses of Parliament relative to Railway, Canal, and other Private Bills, vdth Abstracts, Indexes, and Plans, in one Volmne. 12mo, cloth. Price 5s. ; or forwarded by post, 6s. 2d. The Standing Orders of the House of Lords, relative to the Deposit of Plans, Sections, and Books of Reference vdth the Clerks of the Peace, Parish Clerks, &e. Foolscap. Price 3s. per dozen ; or forwarded by post, 4s. per dozen. Preparing for Publication, uniform with the above, A Collection of the Public General Acts for the Regu- lation OF Railways in Scotland, including the Companies, Lands, and Railways Clauses (Scotland) Consolidation Acts, with Notes and General Index. A Collection of the Special Acts relating to Railways, passed the 8th and 9th Vict., Sess. 1845, with Introduction and General Index. . ^ CONTENTS. 1 & 2 Vict., cap. 98.— An Act to Provide for the Conveyance of the Mails by Railways 1 3 & 4 Vict., cap. 97. — An Act for Regulating Railways ... 10 5 & 6 Vict., cap. 55. — An Act for the better Regulation of Railways, and for the Conveyance of Troops 17 7 & 8 Vict., cap. 85.— An Act to attach certain Conditions to the Construction of future Railways authorileed, or to be authorized, by any Act of the present or succeeding Sessions of Parliament, and for other Purposes in rela- tion to Railways 27 8 Vict., cap. 16. — An Act for Consolidating in One Act cer- tain Provisions usually inserted in Acts with respect to the Constitution of Companies incorporated for carrying on Undertakings of a Public Nature 39 8 Vict., cap, 18. — An Act for Consolidating in One Act cer- tain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ... 81 8 Vict., cap. 20. — An Act for Consolidating in One Act cer- tain Provisions usually inserted in Acts authorizing the Making of Railways 132 General Index 187 m5'I4000 PROVISIONS IN THESE ACTS WHICH HAVE BEEN AMENDED OB BEPEALED. 1 & 2 Vict., c. 98, s. 1 — (so far as relates to the Rate of Speed of Mail Trains.)— -Amended by the 7 & 8 Vict., c. 85, s. 11. 3 & 4 Vict., c. 97, s. 1 & 2— (Opening of Railways.) — Repealed by the 5 & 6 Vict., c. 55, s. 3. s. 5. (Officers of Railway Company ineligible to the Appoint- ment as Inspectors of Railways.) — Repealed by the 7 & 8 Vict, c. 85, s. 15. s. 11 & 12. (Prosecutions to enforce Provisions of Railway Acts.)— Repealed by the 7 & 8 Vict., c. 85, s. 16 & 18. s. 13. (Railway Servants guilty of Misconduct.) — Amended by the 5 & 6 Vict., c. 55, s. 17. 5 & 6 Vict., c. 55, s. 20— (Conveyance of Military and Police.) — Amended by the 7 & 8 Vict, c. 85, s. 20. The Provisions which have been Amended or Repealed, are printed in Italic Type. PROVISIONS IN SPECIAL ACTS AMENDED OB BEPEALED BY THESE ACTS. Bbanch Railways. — Provisions empowering Justices to decide Disputes.— Repealed by the 3 & 4 Vict, c. 97, s. 18. Bye Laws. — Provisions requiring the approval or concurrence of any Justice of the Peace, Court of Quarter Sessions, &c. — Repealed by the 3 & 4 Vict, c. 97, s. 10. Carbiages. — Provisions restricting the Weight to Four Tons. — Repealed by the 5 & 6 Vict, c. 55, s. 16. Level Crossings. — Provisions requiring Gates to be kept closed across the Railway.— Repealed by th(» 5 & 6 Vict., c. 55, s. 9. PUBLIC GENERAL ACTS RELATING TO RAILWAYS. 1 & 2 Vict. cap. 98. An Act to provide for the Conveyance of the Mails hy Railways. [14th August, 1838.] Whereas it is expedient that provision should be made Preamble, by law for the conveyance of the mails by railways at a reasonable rate of charge to the public : ,, . , . ^ Conveyance 1. Be it enacted, by the Queen's most excellent Majesty, '^l'^''^^^^^ by and with the advice and consent of the Lords spiritual J * and temporal, and Commons, in this present Parliament assembled, and by the authority of the same. That in all Postmaster cases of railways already made or in progress, or to be General hereafter made within the United Kingdom, by which may require passengers or goods shall be conveyed in or upon carriages company drawn or impelled by the power of steam, or by any loco- to convey motive or stationary engines, or animal or other power ^^® ^l"^^^ whatever, it shall be lawful for the Postmaster- General, ^^^ meir by notice in writing under his hand delivered to the com- ^' pany of proprietors of any such railway, to require that the mails or post letter bags shall, from and after the day to be named in any such notice, (being not less than twenty-eight days from the delivery thereof,) be conveyed and forwarded by such company on their railway, either by the ordinary trains of carriages, or by special trains, as either by need may be, at such hours or times in the day or night ordinary as the Postmaster-General shall direct, together with the or special ffuards appointed and employed by the Postmaster- General ^rajns, witn in charge thereof, and any other officers of the post-office ; -^^"^f^^"^^ and thereupon the said company shall, from and after the ^^^^^ day to be named in such notice, at their own costs, pro- vide sufficient carriages and engines on such railways for the conveyance of such mails and post letter bags to the satisfaction of the Postmaster- General, and receive, take up, carry, and convey by such ordinary or special trains of carriages or otherwise, as need may be, all such mails or post letter bags as shall for that purpose be tendered to them, or any of their officers, servants, or agents, by any officer of the post-office and also receive take up, carry, 2 Regulation of Railways. C 1 4* ^ Vict, Conveyance and convey, in and upon the carriages carrying such mails of Mails, or post letter bags, the guards in charge thereof, and any other officers of the post-office, and shall receive, take up, deliver, and leave such mails or post letter bags, guards, and officers at such places in the line of such railw^ay, on such days, at such hours or times in the day or night, and subject to all such reasonable regulations and restrictions as to speed of travelling, places, times, and duration of stoppages, and times of arrival, as the Postmaster- General shall in that behalf from time to time order or direct : Amended Provided always^ that the rate of speed to he required shall by the 7 &8 in no case exceed the maximum rate of speed prescribed by Vict. c. 85, the directors of such railway or railways for the conveyance s. 11. of passengers by their first class trains; but that no altera- tion in the rate of speed of any train by which the mails shall be conveyed shall be made until six calendar months previous notice shall be given to the Postmaster- General of any such intended alteration. Carriages to 2. And be it enacted, That it shall be lawful for the be exclu- Postmaster- General (if he shall see fit) to require that the sively ap- whole of the inside of any carriage used on any railway propriated. fQ,, ^j^g conveyance of mails or post letter bags shall be exclusively appropriated for the purpose of carrying the mails. Separate 3. And be it enacted. That the company of proprie- carriages tors of any such railway shall, on being required so to do for sorting \yj the Postmaster- General, provide and furnish (in addi- letters, to ^Jq^ ^o the carriages aforesaid) a separate carriage or sepa- be provided ^^^^ carriages, fitted up as the Postmaster- General, or such y lie com- pg^g^j^ ^g j^g ^hsXl nominate in that behalf, shall direct, for ^*'^^* the purpose of sorting letters therein, and shall forward the same carriage or carriages by their railway, at such hours or times, and subject to all such reasonable regula- tions as aforesaid, as the Postmaster- General shall in that behalf order or direct ; and such company of proprietors shall receive, take up, carry, and convey in any such last- mentioned carriage or carriages all such post letter bags and officers of the post-office as the Postmaster- General shall reasonably require, and shall deliver and leave any post letter bags and officers of the post-office at such places on the line of the railway as the Postmaster- General shall in that behalf from time to time reasonably order and direct. Mail coach- 4. And be it enacted, That in case the Postmaster- es and General shall at any time be desirous of sending by any carts to be g^ch railway any of her Majesty's mail coaches or mail conveyed carts, with the mails or post letter bags and guards thereof, on railway. ^^^ carriages for sorting letters, with any officers of the post-office therein, instead of sending the said mails or cap. 98.] Regulation of Railways. 3 post letter bags, guards, and officers of the post-office by Conveyance carriages to be provided by such railway company as of Mails, aforesaid, then and in any such case such railway com- pany shall, at the request of the Postmaster- General, sig- nified by such notice as aforesaid, cause such mail coaches or mail carts, with the mails or post letter bags and guards thereof, and carriages for sorting letters, with any officers of the post-office therein, to be conveyed by the usual or proper trucks or frames on their said railway, subject to such regulations and restrictions of the Postmaster- General as hereinbefore mentioned. 5. And be it enacted, That for the greater security of Eegiilations the mails or post letter bags so to be carried or conveyed of Postmas- by railways, the company of proprietors of such respective ter-General, railways along which such mails or post letter bags, mail ^^ ^^ ?^~ coaches, or carts and carriages for sorting letters, shall be ^^^^^^ "y so required by the Postmaster- General to be conveyed, ^^"'^P^^J' and their respective officers, servants, and agents, shall obey, observe, and perform all such reasonable regulations respecting the conveyance, delivering, and leaving of such mails and post letter bags, guards and officers of the post- office, mail coaches, or carts and carriages, on any such railways, or on the line thereof, as the Postmaster- General, or such officer of the post-office as he shall nominate in that behalf, shall in his discretion from time to time give or make : Provided always, that it shall not be lawful for Officer of any officer or servant of the post-office to interfere with post-office or give orders to the engineer or other person having the not to in- charge of any engine upon any railway along which mails terfere with or post letter bags shall be conveyed ; but if any cause of person hav- eomplaint shall arise, the same shall be stated to the con- i°^ charge ductor or other officer of the railway company having the ^^ engine. charge of the train, or to the chief officer at any station upon the railway ; and in case of any default or neglect on the part of any officers or servants of the railway com- pany to comply with any of the regulations of the Post- master-General or other officer of the post-office so to be nominated as aforesaid, the railway company shall be wholly responsible for the same. 6. And be it enacted, That every company of proprietors Remunera- of any railway along which such mails or post letter bags, tionto corn- mail coaches, carts, or carriages shall be so required by pany for the Postmaster- General to be conveyed, shall be entitled conveyance to such reasonable remuneration to be paid by the Post- ^^ i^ails. master- General to any such company of proprietors for the conveyance of such mails, post letter bags, mail guards, and other officers of the post-office, mail coaches, carts, and carriages, in manner required by such Postmaster- General, or by such officer of the post-office as he shall in B 2 ^ Regulation of Railways. [I S^ 2 Vict. Conveyance that behalf nominate as aforesaid, as shall (either prior to of Mails, or after the commencement of such service) be fixed and agreed on between the Postmaster- General and such com- pany of proprietors, or in case of difference of opinion between them, then as shall be determined by arbitration as hereinafter provided, but so that the services which may be required by the Postmaster- General, or by such officer of the post-office as he in that behalf shall nominate as aforesaid, to be performed by any such company of proprietors, be not suspended, postponed, or deferred by reason of such remuneration not having been then fixed or agreed on between the said Postmaster- General and such company of proprietors, or by reason of the award on any reference to arbitration to determine the remuneration not having been then made. Agreements 7. And be it enacted. That notwithstanding any agree- as to remu- ment entered into between the Postmaster- General and neration, any such company, or any award to be made on any such &c., to be reference as aforesaid, fixing the amount of remuneration altered in ^^ y^^ p^^^j ^^ g^^j^ company for any services to be rendered case ot ad- ^^ them as aforesaid, it shall be lawful and competent to disc^o^t'nu-^ ^^^ ^"^^ ^^^ Postmaster- General, by notice in writing, to ance of any ^^^^^^^5 from and after the day to be named in any such part of ser- ^^otice, not being less than twenty- eight days from the %ices of delivery thereof, any addition to be made to the services company, in respect of which such agreement shall be entered into or award made ; and in any such case, and also in case of a discontinuance of any part of such services as hereinafter provided, a fresh agreement shall be entered into between the Postmaster- General and such company, regulating the future amount of remuneration to be paid by the Post- master-General to such company for such increased or diminished services, as the case may be ; or if the parties cannot agree on such amount, the same shall be referred to arbitration in like manner as hereinbefore is mentioned and hereinafter provided as to any original agreement ; and such arbitrators shall have power to award any com- pensation they may consider reasonable to be paid to any railway company for any loss that may have been occa- sioned to them by the discontinuance or alteration of the services previously agreed to be performed by them by any train or carriage specially required by the Postmaster- General to be forwarded for the conveyance of the mails, but so that nevertheless such increased or diminished services shall not be suspended, postponed, or deferred by reason of the amount of such increased or diminished remuneration not having been then fixed or agreed on between the Postmaster- General and such company of proprietors, or by reason of the award on any reference to caj), 98.] Regulation of Railways, 5 arbitration to determine the amount of such increased or Conveyance diminished remuneration not having been then made. of Mails, 8. And be it enacted, That it shall be lawful for the Postmaster- General and he is hereby authorized, at any Postmaster time during the continuance of the services of any com- Greneral pany of proprietors as aforesaid, to give to such company, ^^J termi- by writing under his hand, six calendar months' previous » ^ service notice that such services or any part thereof shall cease ^^ jiotice and determine ; and thereupon, at the expiration of such six calendar months* notice, the said services, or such part thereof as aforesaid, and the remuneration for the same, shall cease and determine. 9. And be it enacted, That it shall be lawful for the Postmaster Postmaster-General at any time during the continuance General of the services of any company of proprietors as aforesaid, may termi- by notice in writing under his hand, absolutely to deter- nate ser- mine and put an end to the same or any part thereof, ^^^s of without giving any previous notice, or on giving any company notice less than six calendar months in respect thereof, ^^^^^^p^t and thereupon the said services shall cease and determine P^^T^^^^ accordingly : Provided nevertheless, that in case the ^^^^th'ou^ Postmaster- General shall, without giving six calendar cause months* notice as aforesaid, at any time determine the compensa- services to be required by the Postmaster- General of any tion to be company of proprietors, or any part of such services, made to without any cause whatever, or for any cause other than company, the default by such company of proprietors in the per- formance of any of the services to be required of them by the Postmaster- General, or the breach by such company of proprietors of any of their engagements with the Post- master-General, then and in any such case the Postmaster- General shall make to such company a full and fair com- pensation for all loss thereby occasioned, the amount whereof in case the parties dift'er about the same shall be ascertained by arbitration as hereinafter mentioned. 10. And be it enacted. That on all carriages to be pro- Royai arms vided for the service of the post-office on any such railway, to be paint- there shall on the outside be painted the royal arms, in ed on car- lieu of the name of the owner and of the number of the riages pro- carriage, and of all other requisites, if any, prescribed by ^^^^^ for law in respect of carriages passing on any such rail- *^^ service way ; but the want of such royal arms on any carriage r^^^ ^^^^~ belonging to or used by the post-office shall not form an ^ ^^* objection to such carriage running on any railway, any- thing to the contrary notwithstanding. 11. And be it enacted. That it shall not be competent Bye-laws of or lawful to or for the company of proprietors of any company railway to make any bye-laws, orders, rules, or regu- ^^* ^^ ^^ ^®" lations which shall militate against or be contrary or re- P"?"^^ ^^ Regulation of Railways, [lSf2 Vict. provisions of this Act, Penalty for to convey mails, Conveyanre pugnant to any of the enactments herein contained ; and of Mails, that if any company of proprietors shall make or shall have made any such hye-laws, orders, rules, or regula- tions, either prior or subsequently to the Postmaster- General signifying to the said company his intention that the mails or post letter bags, mail coaches, carts, or car- riages shall be conveyed by such railway, all such bye laws, orders, rules, and regulations, so far as they shall militate against or be contrary or repugnant to any of the enactments herein contained, shall be and be deemed ab- solutely void and of no effect, in like manner as if such bye-laws, orders, rules, or regulations, had never been made or passed, anything to the contrary in anywise not withstanding. 12. And be it enacted. That if the company of pro- refusing or prietors of any railway, or any of their respective officers, neglecting servants, or agents, shall refuse or neglect to carry or convey any mails or post letter bags, when tendered to them for such purpose by the Postmaster- General or any officer of the post-office, or shall refuse to carry on their railway any mail coaches, carts, or carriages as herein- before provided, when so required by the Postmaster- General, or shall refuse or neglect to receive, take up, de- liver, and leave any such mails or post letter bags, mail guards, or other officers of the post-office, mail coaches, carts, or carriages, at such places, at such times, on such days, and subject to such regulations and restrictions as to speed of travelling, places, times, and duration of stoppages, as the Postmaster- General shall from time to time reasonably direct or appoint, as hereinbefore provided, or shall not obey, observe, and perform all such regulations serve regu- respecting the conveyance of the mails and post letter lations of bags, maU coaches, carts, and carriages on any such rail- ways as the Postmaster- General or such officer of the post-office as he shall nominate in that behalf,, shall make for the purposes aforesaid, then and in any such case the company of proprietors who, or whose officer, servant, or agent, shall so offend in the premises, shall for every such offence forfeit and pay a sum not exceeding twenty pounds ; provided nevertheless, that the payment of or liability to such penalty shall not in any manner lessen or affect the liability of any such company under any bond which may have been given by them under the provisions hereinafter contained. 13. And be it enacted, That it shall be lawful for the Postmaster- General, if he shall so think fit, to require the company of proprietors of any railway already made or in bond when progress, or to be hereafter made within the United King- recjuiied. ^om^ to give security by bond to her Majesty, her heirs or to ob« Postmaster General. Company to give se- curity by cap. 98.] Regulation of Railways, 7 and successors, conditioned to be void if such company Conveyance shall from time to time carry or convey, or cause to be of Mails, carried or conveyed, all such mails or post letter bags, mail guards, and other officers of the post-office, mail coaches, carts, and carriages in manner hereinbefore men- tioned, when thereunto required by the Postmaster- General, or any officer of the post-office duly authorized for that purpose, and shall receive, take up, deliver, and leave all such mails or post letter bags, guards and officers, mail coaches, carts, and carriages, at such places, at sucli times, on such days, and subject to such regulations and restrictions as to speed of travelling, places, times, and duration of stoppages, as hereinbefore mentioned, and shall obey, observe, and perform all such regulations respecting the same as the Postmaster- General shall reasonably make, and shall well and truly do and perform, and cause to be done and performed, all such other acts, matters, and things, as by this Act are required or di- rected to be done or performed by or on the part or behalf of such company, their officers, servants, and agents ; and every such bond shall be taken in such sum and in such form as the Postmaster- General shall think proper ; and every such security shall be renewed from time to time Such secu- whenever and so often as such bond shall be forfeited, and rity to be also whenever and so often as the Postmaster- General renewed shall in his discretion require the same to be renewed ; froiii time and if any company of proprietors of any such railway as *o time. aforesaid shall, when so required as aforesaid, refuse or neglect, for the space of one calendar month next after the delivery of any notice for such purpose to them given by or from the Postmaster- General, to execute to her Majesty, her heirs and successors, such bond to the effect and in manner aforesaid, or shall at any time refuse or neglect to renew such bond whenever and so often as the same shall, by or in pursuance of this Act, be required to be renewed, such company of proprietors shall forfeit one hundred pounds for every day during the period for which there shall be any refusal, neglect, or default to give or renew such security as aforesaid, after the expiration of the said one calendar month. 14. Provided always, and be it enacted. That in all l^^ssees not cases in which any railway or part of a railway may, pre- ^^^^ ^ vious to the passing of this Act, have been demised or let ^^^y^^^^' by the company of proprietors thereof, the body corporate company^ or company, or other persons to whom the same shall j^^t to be re- have been so demised or let, their successors, executors, quired to administrators, or assigns, shall during the continuance of give secu- such lease be liable to all the provisions of this Act for or rity above in respect of such railway or part of a railway, in lieu of 1000/. 8 Regulation of Railways, [\S^2VicL Cormeyance such company of proprietors, but so that such lessees, (not of Mails, being a body corporate or company,) their executors, ad- ministrators, or assigns, shall not be required in respect of any such railway or part of a railway to give security under the foregoing enactment to any amount in any one bond exceeding the sum of one thousand pounds, and shall not in any one year be liable in damages to be re- covered upon any bonds which they may have given to any amount exceeding the sum of one thousand pounds and costs of suit. Service of 15. And be it enacted. That all notices under the pro- notices, visions of this Act by or on behalf of the Postmaster- General to any company of proprietors of any railway as aforesaid, shall be considered as duly served on any com- pany of proprietors in case the same shall be given or de- livered to any one or more of the directors of such company, or to the secretary or clerk of such company, or be left at any station belonging to such company. Differences 16. And be it enacted. That in all cases in w^hich the between Postmaster- General and any company of proprietors of Postmaster any railway shall not be able to agree on the amount of General remuneration or compensation to be paid by the Post- and com- master- General to such company of proprietors for any pany to be . services performed or to be performed by them as herein- settled by before mentioned, the same shall be referred to the award arbitration. ^^ ^^^ persons, one to be named by the Postmaster- General, and the other by such company ; and if such two persons cannot agree on the amount of such remuneration or compensation, then to the umpirage of some third per- son, to be appointed by such two first-named persons pre- viously to their entering upon the inquiry ; and the said award or umpirage, as the case may be, shall be binding and conclusive on the said parties, and their respective successors and assigns. After con- 17. And be it enacted. That after any contract entered tracts have into or award made under the authority of this Act shall existed have continued in operation for a period of three years, it three years, g^all be competent for any railway company who may company consider themselves aggrieved by the terms of remunera- may reter ^^^^ ^x^di by such contract or award, by notice under arbkrators *^®^^ common seal, to require that it shall be referred to to decide as ai^hitrators to determine whether any and what alteration to their ought to be made therein ; and thereupon such arbitrators continu- or umpire to be appointed as hereinbefore mentioned shall ance. proceed to inquire into the circumstances, and make their award therein, as in the case of an original agreement : Provided always, that the services performed by such rail- way company for the post-office shall in nowise be inter- rupted or impeded thereby. cap, 98.] Regulation of Railways. 9 18. And be it enacted, That in all references to be Conveyance made under the authority of this act, the Postmaster- of Mails, General, or the railway company, as the case may be, "^ shall nominate his or their arbitrator within fourteen days Ai'bitrators after notice from the other party, or in default it shall be *^ ^ nonii lawful for the arbitrator appointed by the party giving P^ -f . J^^ notice to name the other arbitrator ; and such arbitrators ^t^rnotic^e shall proceed forthwith in the reference, and make their award therein within twenty-eight days after their ap- pointment, or otherwise the matter shall be left to be de- termined by the umpire ; and if such umpire shall refuse or neglect to proceed and make his award for the space of twenty -eight days after the matter shall have been re- ferred to him, then a new umpire shall be appointed by the two first-named arbitrators, who shall in like manner proceed and make his award within twenty-eight days, or in default be superseded, and so " toties quoties." 19. And be it enacted. That whenever the term " com- Interpreta- pany of proprietors," or " railway company," or " com- tion of pany" is used in this act, the same shall extend to and be Words. construed to include the proprietors for the time being of ^^ any railway, whether a body corporate or individuals, and ' ^^P^.^y also (during the continuance of any demise or lease as ^ ^opne- aforesaid) any person, whether a body corporate or com- »( pljiwav pany or individuals, to whom any railway or part of a Company railway may previous to the passing of this act have been "Company" demised or let, and their successors, executors, adminis- trators, and assigns, unless the subject or context be otherwise repugnant to such construction ; and that the provisions of this act shall be construed according to the respective interpretations of the terms and expressions contained in an act passed in the first year of the reign of her present Majesty,, intituled " An Act for consolidating and accord- the laws relative to Offences against the Post-office of the ing to the United Kingdom, and for regulating the judicial adminis- lVict.c.3t). tration of the Post-office Laws, and for explaining certain terms and expressions employed in those laws," so far as those interpretations are not repugnant to the subject or in- consistent with the context of such provisions ; and that this present act shall be deemed and construed to be a post- office act within the intent and meaning of the said last- mentioned act ; and the pecuniary penalties hereby im- * • posed shall be recovered and recoverable in the manner and form therein particularly mentioned and expressed with reference to the pecuniary penalties imposed by the post-office acts : Provided nevertheless, that any justice of Proviso, the peace having jurisdiction for any county through which any railway shall pass, in respect of which any penalty or forfeiture under this act shall have been in • B 3 10 Regulation of Railways, [34-4 Vict. Conveyance curred, shall and may hear and determine any offence of Mails, against this act which may subject any company to a pe- cuniary penalty not exceeding twenty pounds ; and a summons issued under the post-office acts by any such justice against any railway company for the recovery of any such penalty shall be deemed to be sufficiently served in case either the summons or a copy thereof be delivered to any officer, servant, or agent of such company, or be left at any station belonging to such company. 20. And be it enacted, That this act may be amended or repealed by any act to be passed in the present session of Parliament. Act may be amended or repealed. 3 & 4 Vict. cap. 97. An Act for regulating Railways. [10th August, 1840.] Preamble. Whereas it is expedient for the safety of the public to provide for the due supervision of railways : Opening of 1 • Be it therefore enacted, by the Queen's most excel- Railways. lent Majesty, by and with the advice and consent of the — =— Lords spiritual and temporal, and Commons, in this pre- sent Parliament assembled, and by the authority of the Repealed by same, That^ after two months from the passing of this 5 & 6 Vict, act^ no railway^ or portion of any railway, shall be opened c. 55, s. 3. for the public conveyance of passengers or goods until one calendar month after notice in writing of the intention of opening the same shall have been given by the company to whom such railway shall belong, to the lords of the com- m it tee of her Majesty's privy council appointed for trade and foreign plantations. Repealed by 2. Arid be it enacted, That if any railway, or portion of 5 & 6 Vict, fjyi^ railway, shall be opened without due notice as aforesaid, c. 55, s. 3. ^/jg company to whom, such railway shall belong shall forfeit to her Majesty the sum of twenty pounds for every day . during which the same shall continue open, until the eipira- tion of one calendar month after the company, shall have given the like notice as is hereinbefore required before the opening of the raihvay ; and any such penalty may be reco^ vered in any of her Majesty's courts of record. JRetvrns to 3. And be it enacted. That the lords of the said com- be made by mittee may order and direct every railway company to Company, make up and deliver to them returns, according to a form to be provided by the lords of the said committee, of the cap. 97.^ Regulation of Railways, 11 aggregate traffic in passengers, according to the several Board of classes, and of the aggregate traffic in cattle and goods Trade may respectively, on the said railway, as well as of all acci- I'equire dents which shall have occurred thereon attended with J'^tums of personal injury, and also a table of all tolls, rates, and *^^^ ^^ charges from time to time levied on each class passengers, ^^^] ^^ fl and on cattle and goods, conveyed on the said railway ; ^^ ^^^g and if the returns herein specified shall not be delivered within thirty days after the same shall have been required, every such company shall forfeit to her Majesty the sum of twenty pounds for every day during which the said company shall wilfully neglect to deliver the same ; and every such penalty may be recovered in any of her Majesty's courts of record : Provided always, that such returns shall be required, in like manner and at the same time, from all the said companies, unless the lords of the said committee shall specially exempt any of the said companies, and shall enter the grounds of such exemption in the minutes of their proceedings. 4. And be it enacted, That every officer of any com- Penalty for pany who shall wilfully make any false return to the making lords of the said committee shall be deemed guilty of a f^se re- misdemeanor, turns. 5. And be it enacted, That it shall be lawful for the Inspectors lords of the said committee, if and when they shall think of Rail- fit, to authorize any proper person or persons to inspect 'u^ays. any railway ; and it shall be lawful for every person so ""; — authorized, at all reasonable times, upon producing his -A^PPomt- authority, if required, to enter upon and examine the said ^^^^^ of, by railway, and the stations, works, and buildings, and the m^fj ° engines and carriages belonging thereto : Provided always^ that no person shall he eligible to the appointment as Repealed by inspector as aforesaid who shall within one year of his ap- ' *^^ i k pointment have been a director or have held any office qf^' ' ^' trust or profit under any railway company. 6. And be it enacted. That every person wilfully ob- Penalty for structing any person, duly authorized as aforesaid, in the obstmcting execution of his duty, shall, on conviction before a justice inspector, of the peace having jurisdiction in the place where the offence shall have been committed, forfeit and pay for every such offence any sum not exceeding ten pounds ; and on default of payment of any penalty so adjudged, immediately or within such time as the said j ustice of the peace shall appoint, the same justice, or any other justice having jurisdiction in the place where the offender shall be or reside, may commit the offender to prison for any period not exceeding three calendar months ; such com- mitment to be determined on payment of the amount of the penalty ; and every such penalty shall be returned to 12 Bye-Laivs. made before the passing of this act, to be laid be- fore Board of Trade, otherwise to be void. Bye laws hereafter made to be approved of by Board of Trade. Regulation of Railways. [3 4-4 Vict Board of Trade may disallow bye -laws. Provisions requiring coufirma- the next ensuing Court of Quarter Sessions in the usual manner. 7*. And whereas many railway companies are or may hereafter be empowered by act of parliament to make bye-laws, orders, rules, or regulations, and to impose penalties for the enforcement thereof, upon persons other than the servants of the said companies, and it is expedient that such powers should be under proper control ; be it enacted. That true copies of all such bye-laws, orders, rules, and regulations m'h.de under any such powers by every such company before the passing of this act, cer- tified in such manner as the lords of the said committee shall from time to time direct, shall, within two calendar months after the passing of this act, be laid before the lords of the said committee ; and that every such bye-law, order, rule, or regulation, not so laid before the lords of the said committee within the aforesaid period, shall, from and after that period, cease to have any force or effect, saving in so far as any penalty may have been then already incurred under the same. 8. And be it enacted, That no such bye-law, order, rule, or regulation made under any such power, and which shall not be in force at the time of the passing of this act, and no order, rule, or regulation annulling any such existing bye-law, rule, order, or regulation which shall be made after the passing of this act, shall have any force or effect until two calendar months after a true copy of such bye-law, order, rule, or regulation, certified as aforesaid, shall have been laid before the lords of the said committee, unless the lords of the said committee shall, before such period, signify their approbation thereof. 9. And be it enacted. That it shall be lawful for the lords of the said committee, at any time either before or after any bye-law, order, rule, or regulation shall have been laid before them as aforesaid shall have come into operation, to notify to the company who shall have made the s-ame their disallowance thereof, and, in case the same shall be in force at the time of such disallowance, the time at which the same shall cease to be in force ; and no bye-law, order, rule, or regulation which shall be so dis- allowed shall have any force or eflPect whatsoever, or, if it shall be in force at the time of such disallowance, it shall cease to have any force or effect at the time limited in the notice of such disallowance, saving in so far as any penalty may have been then already incurred under the same. 10. And be it enacted. That so much of every clause, provision, and enactment in any act of parliament here- tofore passed as may require the approval or concurrence cap, 97.] Regulation of Railways, 13 of any justice of the peace, court of quarter sessions, or tion of bye- other person or persons, other than members of the said }aws by companies, to give validity to any bye-laws, orders, rules, justices, or regulations made by any such company, shall be re- repealed, pealed. 11. And be it enacted^ That whenever it shall appear to Prosecu- the lords of the said committee that any of the provisions of tions to the several acts of parliament regulating any of the said enforce companies^ or the provisions of this act, have not been com^ provisions plied with on the part of any of the said companies, or any ^J railway of their officers, and that it would be for the public advan- ^ ^ iage that the due performance of the same should be ei forced, ^ , , , the lords of the said cornmittee shall certfy the same to her 7^0 Vict Majesty* s Attorney- General for England, or Ireland, or ^ g^ g j^g to the Lord- Advocate for Scotland, as the case may require ; and thereupon the said Attorney- General or Lord- Advocate shall, by information, or by action, bill, plaint, suit at law or in equity, or other legal proceedings as the case may re- quire, proceed to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said pro- visions, by such means as any person aggrieved by such non-compliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said acts : provided always, that no such certificate as afore- said shall he given by the lords of the said committee until twenty-one days after they shall have given notice of their intention to give the same to the company against or in re- lation to whom they shall intend to give the same. 12. And he it enacted. That no legal proceedings shall Amended be commenced under the authority of the lords of the said by 7 & 8 committee against any railway company for any offence ^^^*- ^- ^^» against this act, or any vf the several acts of parliament ^' ^^' relating to railways, except upon such certificate of the lords of the said committee as aforesaid, and within one year after such offence shall have been committed. 13. And be it enacted. That it shall be lawful for any Railway officer or agent of any railway company, or for any special servants constable duly appointed, and all such persons as they may guilty of call to their assistance, to seize and detain any engine dri- miscon- ver, guard, porter, or other servant in the employ of such ^'^^^' company who shall be found drunk while employed upon the railway, or commit any offence against any of the bye- t^T^t^o laws, rules, or regulations of such company, or shall ^. ^^ wilfully, maliciously, or negligently do or omit to do any g 17 * * act whereby the life or limb of any person passing along or being upon the railway belonging to such company, or the v)orks thereof respectively, shall he or might be injured or endangered, or whereby the passage of any of the engines, carriages, or trains shall he or might be obstructed or im- 14 Railway servants guilty of miscon- duct. Regulation of Railways. [34-4 Vict Justice may send any case to be tried at the quarter sessions. Obstruc- tions. Punish- ment of persons ob structing engines or carriages. peded, and to convey such engine driver^ guards porter^ or other servant so offending^ or any person counselling^ aid* ing, or assisting in such offence, with all convenient de^ spatch, before some justice of the peace for the place within which such offence shall be committed, without any other warrant or authority than this act ; and every such person so offending, and every person counselling, aiding, or assist- ing therein as aforesaid, shall, when convicted before such justice as aforesaid, (who is hereby authorized and required, upon complaint to him made, upon oath, without information in writing, to take cognizance thereof, and to act summarily in the premises,^ in the discretion of such justice, be impri- soned, with or without hard labour, for any term not exceed- ing two calendar months, or, in the like discretion of such justice, shall for every such offitnce forfeit to her Majesty any sum not exceeding ten pounds, and in default of pay- ment thereof shall be imprisoned, with or without hard labour as aforesaid, for such period, not exceeding two calendar months, as such justice shall appoint ; such com- mitment to be determined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ensuing court of quarter sessions in the usual manner. 14. Provided always, and be it enacted, That (if upon the hearing of any such complaint he shall think fit) it shall be lawful for such justice, instead of deciding upon the matter of complaint summarily, to commit the person or persons charged with such oifence for trial for the same at the quarter sessions for the county or place wherein such offence shall have been committed, and to order that any such person so committed shall be impri- soned and detained in any of her Majesty's gaols or houses of correction in the said county or place in the meantime, or to take bail for his appearance, with or without sureties, in his discretion ; and every such person so offending, and convicted before such court of quarter sessions as aforesaid (which said court is hereby required to take cognizance of and hear and determine such com- plaint), shall be liable, in the discretion of such court, to be imprisoned, with or without hard labour, for any term not exceeding two years. 15. And be it enacted, That from and after the passing of this act every person who shall wilfully do or cause to be done anything in such manner as to obstruct any engine or carriage using any railway, or to endanger the safety of persons conveyed in or upon the same, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court before which he shall have been convicted, to be imprisoned, with or without hard labour, for any term not exceeding two years. cap, 97.] Regulation of Railways, lo 16. And be it enacted, That if any person shall wilfully Obstruc- obstruct or impede any officer or agent of any railway tions, company in the execution of his duty upon any railway, - or upon or in any of the stations or other works or pre- Punish^ mises connected therewith, or if any person shall wilfully ^^^^ ^' trespass upon any railway, or any of the stations or other g^/^ct^nff works or premises connected therewith, and shall refuse oncers of to quit the same upon request to him made by any officer railway, or or agent of the said company, every such person so offend- trespassing, ing, and all others aiding or assisting therein, shall and may be seized and detained by any such officer or agent, or any person whom he may call to his assistance, until such offender or offenders can be conveniently taken before some justice of the peace for the county or place wherein such offence shall be committed, and when convicted before such justice as aforesaid (who is hereby authorized and required, upon complaint to him upon oath, to take cog- nizance thereof, and to act summarily in the premises), shall, in the discretion of such justice, forfeit to her Ma- jesty any sum not exceeding five pounds, and in default of payment thereof shall or may be imprisoned for any term not exceeding two calendar months, such imprison- ment to be determined on payment of the amount of the penalty. " * 17. And be it enacted. That no proceeding to be had Proceed- and taken in pursuance of this act shall be quashed or ings not to vacated for want of form, or be removed by certiorari, or be quashed by any other writ or process whatsoever, into any of her ^^^ ^^^^ ^f Majesty's courts of record at Westminster or elsewhere, ^^^"^' ^®« any law or statute to the contrary notwithstanding. 18. And whereas many railway companies are bound. Branch by the provisions of the acts of parliament by which they Railways. are incorporated or regulated, to make, at the expense of the owner or occupier of lands adjoining the railway, I^epeal of openings in the ledges or flanches thereof (except at cer- Provisions tain places on such railway in the said acts specified), for ^^^ J^^l^^y effecting communications between such railway and any ^^ ^^' collateral or branch railway to be laid down over such LJ^fc^sfo lands, and any disagreement or difference which shall decide dis- arise as to the proper places for making any such openings putes. in the ledges or flanches is by such acts directed to be re- ferred to the decision of any two justices of the peace within their respective jurisdictions : and whereas it is expedient that so much of every clause, provision, and enactment in any act of parliament heretofore passed, as gives to any justice or justices the power of hearing or deciding upon any such disagreement or difference as to the proper places for any such openings in the ledges or flanches of any railway, should be repealed ; be it there- 16 Branch Railways. Board of Trade to de termme such dis- putes iu fixture . Service of notices. to Board of Trade, on com- pany. Interpreta- tion of words. " Eailway." ^•Company" Act may be amended or repealed. Regulatio7i of Railways, [3^4 Vict, c, 97.] fore enacted, That so much of every such clause, provision, and enactment as aforesaid shall he repealed. 19. And he it enacted, That in case any disagreement or difference shall arise between any such ovirner or occupier or other persons, and any railway company, as to the proper places for any such openings in the ledges or flanches of any railway (except at such places as aforesaid), for the purpose of such communication, then the same shall be left to the decision of the lords of the said committee, who are hereby empowered to hear and determine the same in such way as they shall think fit, and their determination shall be binding on all parties. 20. And be it enacted. That all notices, returns, and other documents required by this act to be given to or laid before the lords of the said committee, shall be delivered at or sent by the post to the office of the lords of the said committee ; and all notices, appointments, requisitions, certificates, or other documents in writing, signed by one of the secretaries of the said committee, or by some officer appointed for that purpose by the lords of the said com- mittee, and purporting to be made by the lords of the said committee, shall, for the purposes of this act, be deemed to have been made by the lords of the said committee ; and service of the same upon any one or more of the directors of any railway company, or on the secretary or clerk of the said company, or by leaving the same with the clerk or officer at one of the stations belonging to the said company, shall be deemed good service upon the said company. 21. And be it enacted. That wherever the word "rail- way" is used in this act it shall be construed to extend to all railways constructed under the powers of any act of parliament, and intended for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam or by any other mechanical power ; and wherever the word " company" is used in this act, it shall be con- strued to extend to and include the proprietors for the time being of any such railway, whether a body corporate or individuals, and their lessees, executors, administrators, and assigns, unless the subject or context be repugnant to such construction. 22. And be it enacted. That this act may be amendefl or repealed by any act to be passed in the present session of parliament. 17 5 & 6 Vict. cap. 55. An Act for the better Regulation of Railways, and for the Conveyance of Troops. [30th July, 1842.1 Whereas by an Act passed in the third and fourth Preamble, years of the reign of her present Majesty, intituled, " An 3 & 4 Vict. Act for Regulating Railways," provision was made for the ^- ^^• supervision of railw^ays : and whereas it is expedient for the safety of the public to make further provision for that purpose ; 1. Be it enacted by the Queen's most excellent Majesty, Commence- by and with the advice and consent of the Lords spiritual ^^t^^ of this and temporal, and Commons, in this present Parliament ^^** assembled, and by the authority of the same, That this act shall come into operation on the passing thereof. 2. And be it enacted. That the provisions of the said 3 & 4 Vict, recited act and of this act shall be construed together as one c 97, & this act, except so far as the provisions of the said recited act ^^* *^ ^^ are hereby repealed, or shall be inconsistent with the pro- construed visions of this act. ^ *^^^^^^^- 3. And whereas by the said recited act it is enacted, Opening of that after two months from the passing of the said recited railways. act no railway, or portion of any railway, shall be opened for the public conveyance of passengers or goods until one Repeal of calendar month after notice in writing of the intention of ^ *^ ^ ^^^^• opening the same shall have been given, by the company ^' ^^' ^- -'■ to whom such railway shall belong, to the lords of the ^^ "" committee of her Majesty's privy council appointed for trade and foreign plantations : and whereas by the said recited act it is also enacted, that if any railway or por- tion of any railway shall be opened without due notice as aforesaid, the company to whom such railway shall be- long shall forfeit to her Majesty the sum of twenty poundt for every day during which the same shall continue open, until the expiration of one calendar month after the com- pany shall have given the like notice as is hereinbefore required before the opening of the railway, and any such penalty may be recovered in any of her Majesty's courts of record ; be it enacted. That the said recited provisions of the said act shall be and they are hereby repealed. 4. And be it enacted, That no railway or portion of any Notice of railway shall be opened for the public conveyance of pas- intended sengers until one calendar month after notice in writing opening io of the intention of opening the same shall have been given, ^^ ^iven 18 Opening of railways. to Board of Trade. Regulation of Railways, \_6S^6 Vict. Penalty for opening without notice. Board of Trade may- postpone the opening if inspector report that the same would be attended with danger. Proviso. by the company to whom such railway shall belong, to the lords of the committee of her Majesty's privy council appointed for trade and foreign plantations, and until ten days after notice in writing shall have been given by the said company to the lords of the said committee of the time when the said railway or portion of railway will be, in their opinion, sufficiently completed for the safe convey- ance of passengers, and ready for inspection. 5. And be it enacted. That if any railway or portion of any railway shall be opened without such notice as afore- said, the company to whom such railway shall belong shall forfeit to her Majesty the sum of twenty pounds for every day during which the same shall continue open until the said notices shall have been duly given and shall have expired ; and every such penalty may be recovered in any of her Majesty's courts of record, or in the court of session, or in any of the sheriffs' courts in Scotland. 6. And be it enacted, That if the officer or officers appointed by the lords of the said committee to inspect any such railway or portion of railway shall, after inspec- tion thereof, report in writing to the lords of the said com- mittee that, in his or their opinion, the opening of the same would be attended with danger to the public using the same, by reason of the incompleteness of the works or per- manent way, or the insufficiency of the establishment for working such railway, together with the grounds of such opinion, it shall be lawful for the lords of the said com- mittee, and so from time to time, as often as such officers shall after further inspection thereof so report, to order and direct the company to whom such railway shall belong to postpone such opening for any period not ex- ceeding one calendar month at any one time, until it shall appear to the lords of the said committee that such open- ing may take place without danger to the public ; and if any such railway, or any portion thereof, shall be opened contrary to any such order and direction of the lords of the said committee, the company to whom such railway shall belong shall forfeit to her Majesty the sum of twenty pounds for every day during which the same shall con- tinue open contrary to such order and direction ; and any such penalty may be recovered in any of her Majesty's courts of record, or in the court of session, or in any of the sheriffs' courts in Scotland : provided always, that no such order as aforesaid shall be binding upon any railway company unless therewith shall be delivered to the said company a copy of the report of the officer or officers on which such order shall be founded. cap. 56, "] Regulation of Railways, 19 7. And be it enacted, That every railway company Accidents. shall, within forty- eight hours after the occurrence upon the railway belonging to such company of any accident when at- attended with serious personal injury to the public using tended witn the same, give notice thereof to the lords of the said com- P^^^onal mittee ; and if any company shall wilfully omit to give \^^Qf ^ such notice, every such company shall forfeit to her Majesty ^^ mven to the sum of five pounds for every day during which the Board of omission to give the same shall continue ; and every Trade, such penalty may be recovered in any of her Majesty's courts of record, or in the court of session, or in any of the sheriffs' courts in Scotland. 8. And be it enacted, That the lords of the said com- Board of mittee may order and direct any railway company to make Trade may up and deliver to them returns of serious accidents direct re- occurring in the course of the public traffic upon the ^^^^^ °^ railway belonging to such company, whether attended accidents, with personal injury or not, in such form and manner as tended with the lords of the said committee shall deem necessary and pgrsonalin- require for their information with a view to the public \^^ qj. ^q^^ safety ; and if any such returns shall not be so delivered within fourteen days after the same shall have been re- quired, every such company shall forfeit to her Majesty the sum of five pounds for every day during which the said company shall neglect to deliver the same ; and every such penalty may be recovered in any of her Majesty's courts of record, or in the courts of session or in any of the sheriffs' courts in Scotland : provided always, that all Proviso, such returns shall be privileged communications, and shall not be evidence in any court whatsoever. 9. And whereas by an Act passed in the second and Gates at third years of her present Majesty, and intituled, " An Act ^^y^^ ^^<^«- to amend an Act of the fifth and sixth years of his late ^^^9^- Majesty King William the Fourth relating to Highways," s7T~y t it was enacted, that whenever a railway crosses or shall .^ ^\ ' hereafter cross any turnpike road, or any other highway * ' * * or statute labour road for carts or carriages in Great Britain, the proprietors or directors of the said railway shall make and maintain good and sufficient gates across each end of such turnpike or other road at each end of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such turnpike or other road shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railway : and whereas by the acts relating to certain railways it is provided that such gates shall be kept constantly closed across the railway except during the time when carriages or engines passing along the railway shall have to cross 20 Regulation of Railways, [5 Sf 6 Vict Gates at such turnpike or other road : and whereas experience has level cros- shown that it is more conducive to safety that such gates sings. should be kept closed across the turnpike or other road instead of across the railway ; be it therefore enacted, Gates to be That, notwithstanding anything to the contrary contained kept closed jn any act of parliament heretofore passed, such gates shall across the \)q j^^pt constantly closed across each end of such turnpike road. Qp other roads, in lieu of across the railway, except during the time when horses, cattle, carts, or carriages passing along such turnpike or other road shall have to cross such railway ; and such gates shall be of such dimensions and so constructed as, when closed across the ends of such turnpike or other roads, to fence in the railway, and pre- vent cattle or horses passing along the road from entering Board of upon the railway while the gates are closed : provided Trade may always, that it shall be lawful for the lords of the said order that committee, in any case in which they are satisfied that it gates he will be more conducive for the public safety that the gates kept closed at any level crossing over any such turnpike or other road across the should be kept closed across the railway, to order and railway. direct that such gates shall be kept so closed, instead of across the road ; and such order of the lords of the said committee shall be a sufficient authority for the directors or proprietors of any railway company to whom such order is addressed for keeping such gates closed, in the manner directed by the lords of the said committee. Fences. 10. And whereas it is expedient that further provision be made for the safety of the public in respect of the Company to fences of railways; be it enacted. That all railway com- erect and panics shall be under the same liability of obligation to maintain erect, and to maintain and repair, good and sufficient throughout fences throughout the whole of their respective lines, as of^tlT r ^ ^^^y would have been if every part of such fences had been originally ordered to be made under an order of justices by virtue of the provisions to that effect in the acts of parliament relating to such railways respectively. Disputes 11. And be it enacted, That where two or more railway between companies whose railways have a common terminus or a connect- portion of the same line of rails in common, or which form ing rail' separate portions of one continued line of railway commu- ^%'^ nication, shall not be able to agree upon arrangements for ~r~ conducting at such common terminus, or at the point of ?, ^i^^\-u junction between them, their joint traffic with safety to Board of ^ *^® public, it shall be lawful for the lords of the said com- Trade. mittee, upon the application of either of the parties, to decide the questions in dispute between them, so far as the same relate to the safety of the public, and to order and determine whether the whole or what proportion of the expenses attending on such arrangements shall be borne cap, 5^.'] Regulation of Railways. 21 by either of the parties respectively ; and if any railway Disputes company shall refuse or wilfully neglect to obey any such between order made upon or against such company by the lords of connect- the said Committee pursuant to this provision, such com- *"5' ^^*^' pany shall forfeit to her Majesty the sum of twenty pounds '^ ^V^- per day for every day during which such refusal or neg- lect shall continue ; and every such penalty may be recovered in any of her Majesty's courts of record, or in the court of "session or in any of the sheriifs courts in Scotland. 12. And whereas powers of laying down branch lines Branch opening into the ledges or flanches of main lines of rail- Railways, way, and of entering upon and passing along such main lines with carriages and waggons drawn by locomotive engines, or by other mechanical or animal power, and also powers to form roads or railways across existing railways Powers of on a level, have been given by various acts relative to making, to railways to the owners or occupiers of lands adjoining the be regu- railway, and to other persons with their consent : and lated by the whereas experience has shown that the exercise of such Board of powers without limitation would in many cases be attended Trade, with danger to the public using such railway; be it there- fore enacted, That if, in the case of any railway on which passengers are conveyed by steam or other mechanical power, it shall appear to the lords of the said committee that such power as aforesaid cannot be so exercised without seriously endangering the public safety, and that an arrangement may be made with a due regard to existing rights of property, it shall be lawful for the lords of the said committee to order and direct that such powers shall only be exercised subject to such conditions as the lords of the said committee shall direct : provided always, that A passenger no railway shall be considered a passenger railway if railway de- two-thirds or more of the gross annual revenue of such fined, railway shall be derived from the carriage thereon of coals, ironstone, or other metals or minerals. 13. And whereas in many cases railways have been Alteration made to cross turnpike roads, highways, and private of level roads and tramways on the level, and the companies to crossings. w^hom such railways belong would in some cases be wdlling, at their own expense, to carry such roads and Board of tramways over or under such railways by means of a Trade may bridge or archway for the greater safety of the public, ^"^^^^^^^ but have no authority so to do : and whereas it would !^!'!?^'[ jf . ,1 1 TM "^ /. X •/• M • carry roads promote the public safety if railway companies were over or enabled, under the sanction and authority of the lords of under rail- the said committee, to substitute bridges or archways for way. such level crossings as aforesaid ; be it therefore enacted, That in all cases where any railway company shall be willing, at their own expense, to carry any turnpike road, 22 Alteration of level crossings. Regulation of Railways, [5^6 Vict. Entry upoji adjoining lands. Board of Trade may authorize company to enter upon adjoining lands, to re- pair or pre- vent acci- dents. Compensa- tion to own ers and occupiers. highway, or private road or tramway over or under their railway by means of a bridge or arch in lieu of crossing the same on the level, it shall be lawful for the lords of the said committee, on the application of the said com- pany, and after hearing the several parties interested, if it shall appear to the lords of the said committee that such level crossing endangers the public safety, and that the proposal of the company does not involve any violation of existing rights or interests without adequate compensation, to give the said company full power and authority for re- moving the danger at their own expense, either by build- ing a bridge, or by such other arrangement as the nature of the case shall require, subject to such conditions as the lords of the said committee shall direct. 14. And whereas it is essential for the public safety, and also for the proper maintenance of railways in a state of efficiency for the public service, that railwaj^ companies should have the power, in case of accidents or slips happen- ing or being apprehended to their cuttings and embank- ments or other works, to enter upon the lands adjoining their respective railways, for the purpose of repairing or renewing the same, and to do such works as may be ne- cessary for the purpose ; be it therefore enacted. That it shall be lawful for the lords of the said committee to em- power any railway company, in case of any accident or slip happening or being apprehended to any cutting, embank- ment, or other work belonging to them, to enter upon any lands adjoining their railway for the purpose of repairing or preventing such accident, and to do such works as may be necessary for the purpose : provided always, that in case of necessity it shall be lawful for any railway company to enter upon such lands and do such works as aforesaid, with- out having obtained the previous sanction of the lords of the said committee ; but in every such case such railway company shall, within forty- eight hours after such entry, make a report to the lords of the said committee, specify- ing the nature of such accident or apprehended accident, and of the works necessary to be done, and such powers shall cease and determine if the lords of the said com- mittee shall, after considering the said report, certify that their exercise is not necessary for the public safety : pro- vided also, that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed with all possible despatch ; and full compensation shall • be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them re- spectively by reason of such works, the amount of which compensation, in case of any dispute about the same, shall cap, SS."] Regulation of Railways. 23 be settled in the same manner as cases of disputed com- Entry upon pensation are directed to be settled by the acts relating to adjoining the railway on which such works may become necessary : lands. provided always, that no land shall be taken permanently by any railway company for such works without a certi- ficate from the lords of the said committee as hereinafter described. 15. And whereas by various acts relating to railways Compulso- compulsory powers are given to railway companies of pur- fy powers chasing and taking lands for the construction of such of taking railways, and it is provided that such compulsory powers ^^^^• shall not be exercised after the expiration of certain limited periods from the passing of the said acts : and whereas it is ;?^^ ^^ sometimes found necessary for the public safety that addi- ^^^ ^^Th^ tional land should be taken after the expiration of such .^ ^jjo^giji. ' periods for the purpose of giving increased width to the necegg^ embankments and inclination to the slopes of railways, or f^j, safety, for making approaches to bridges or archways, or for doing such works for the repair or prevention of accidents as are hereinbefore described; be it therefore enacted, That, in every case in which the lords of the said com- mittee shall certify that the public safety requires addi- tional land to be taken by any railway company for such purposes as aforesaid, the compulsory powers of purchasing and taking land contained in the act or acts of such rail- way company, together with all the clauses and provisions relative thereto, shall, as regards such portion or portions of land as are mentioned in the certificate of the lords of the said committee, revive and be in full force for such further period as shall be mentioned in such certificate : provided always, that any railway company applying Company to the lords of the said committee for any such certificate applying to shall give fourteen days' notice in writing, in the manner Board of prescribed by the act or acts of such company for serving Trade to notices on land owners, of their intention to make such give notice application to all the parties interested in such lands, or ^^ owners, such of them as shall be known to the company, and shall ^^" .^*^^® state in such notice the particulars of the lands required ; P^^^^^J ^^ and if any of such parties interested shall apply within the ^^^^^ said period of fourteen days to the lords of the said com- mittee, such party shall be heard by them before any such certificate is given : provided also, that where any such application shall have been made by any railway company to the lords of the said committee, upon which application any such certificate shall have been refused, the directors ^ of such railway company shall, if required by the lords of the^ said committee, repay to the party resisting such appli- cation any expenses which he or they may have incurred in resisting such application. 24 Regulation of Railways, [64-6 Vict. Carriages. 16. And whereas by various acts relating to railways it is enacted, that no carriage or waggon shall carry or bear Eepeal of ^t any one time upon the railway (including the weight provisions ^f ^yxcYi carriage) more than four tons, and experience has '^^. ^{Jf^^f shown that it is in many cases more conducive to safety to carriao-es to ^^^ ^ heavier description of carriage or waggon upon rail- four tons ways than was originally contemplated ; be it therefore enacted. That every provision contained in any such act or acts respectively limiting the weight to be carried or borne at any one time in any carriage or waggon upon any railway (including the weight of such carriage or waggon) to four tons shall be and the same is hereby re- pealed, and that, notwithstanding any thing in any act contained, it shall be lawful for any railway company to may be ^^^ ^^^ *^ permit to be used upon any railway carriages or used of a waggons carrying or bearing (including the weight of gi-eater such carriage) a greater weight than four tons, subject to weight. such regulations as may from time to time be made and be in force pursuant to any act or acts of parliament already or hereafter to be passed in that behalf. Railway 17. And whereas by the said recited act for regulating servants railways provision is made for the punishment of servants guilty of of railway companies guilty of misconduct, and it is ex- miscon- pedient to extend such provision ; be it enacted, That it duct. s>hdi\\ be lawful for any officer or agent of any rail"way com- ." pany, or for any special constable duly appointed, and all ^^^l^ ' such persons as they may call to their assistance, to seize sons ^^^ detain any engine driver, waggon driver, guard, por- employed *®^» servant, or other person employed by the said or by on railways ^^7 other railway company, or by any other company or guilty of person, in conducting traffic upon the railway belonging miscon- to the said company, or in repairing and maintaining the duct. works of the said railway, who shall be found drunk while See 3 & 4 so employed upon the said railway, who shall commit any Vict. c. 97, offence against any of the bye-laws, rules, or regulations s. 13 & 14. of the said company, or who shall wilfully, maliciously, or negligently do or omit to do any act whereby the life or limb of any person passing along or being upon such rail- way or the works thereof respectively shall be or might be injured or endangered, or whereby the passage of any engines, carriages, or trains shall be or might be ob- structed or impeded, and to convey such engine driver, guard, porter, servant, or other person so offending, or any person counselling, aiding, or assisting in such offence, with all convenient despatch before some justice of the peace for the place within which such offence shall be committed, without any other warrant or authority than this act ; and every such person so offending, and every person counselling, aiding, or assisting therein, as aforesaid, cap, ^oJ\ Regulation of Railways. 25 shall, when convicted upon the oath of one or more credible Hallway witness or witnesses before such justice as aforesaid, servants (who is hereby authorized and required, upon complaint guilty of to him made upon oath, without information in writing, miscon to take cognizance thereof, and to act summarily in the ^^^'^• premises,) in the discretion of such justice, be imprisoned, with or without hard labour, for any term not exceeding two calendar months, or, in the like discretion of such justice, shall for every such offence forfeit to her Majesty any sum not exceeding ten pounds, and in default of pay- ment thereof shall be imprisoned, with or without hard labour, as aforesaid, for such period, not exceeding two calendar months, as such justice shall appoint, such com- mitment to be determined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ensuing court of quarter sessions in the usual manner. 18. And be it enacted. That in all cases in which if offence by the present or the said recited act for regulating rail- committed ways it is provided that offenders shall be taken be- in Scotland, fore one or more justices of the peace for the place within sheriffs to which the offence was committed, it shall be lawful, in h^^'f juris- case the offence is committed in Scotland, to take such Miction, offenders before the sheriff of the county, or other magis- trate acting for the district within which such offence shall be committed, or where such offender shall be appre- hended, without any warrant or authority other than this act ; and such sheriff or magistrate is hereby empowered and required, on the application of the railway company, to proceed in all respects as if the words " sheriff or ma- gistrate" had been substituted for the word "justice" in the said acts, and shall be entitled summarily, and with- out a jury, to execute the powers thereby and hereby committed to him. 19. And be it enacted, That all notices, returns, and Service of other documents required by this act or by the said re- notices, cited act to be given to or laid before the lords of the said -"^^ committee shall be delivered at or sent by the post to the ^^ Board of office of the lords of the said committee ; and all notices, ^^^^®- requisitions, orders, regulations, appointments, certificates, certified copies, and other documents in writing, signed by one of the secretaries of the said committee, or by some officer appointed for that purpose by the lords of the said committee, and purporting to be made by the lords of the said committee, shall, for the purposes of this and of the said recited act, be deemed to have been made by the lords of the said committee, and that in the absence of evidence to the contrary, without proof of the authority of the person signing the same or of the signature thereto ; 26 Regulation of Railways. [6 8^6 Vict, c. 66, "] Service of and service of the same at one of the terminal offices of notices, any railway company on the secretary or clerk of the said company, or by sending the same by post addressed to on com- YAm at such office, shall be deemed good service upon the ^^^y- said company. Convey- 20. And be it enacted^ That whenever it shall he neces- ance of sary to move any of the officers or soldiers of her Majesty s military forces of the line, ordnance corps, marines, militia, or the andpolice. police force, by any railway, the directors thereof shall and 7", are hereby required to permit such forces respectively, with 1 "^T^i^R ^^^^^ l^^SS^S^t stores, arms, ammunition, and other neces- J. . ox saries and things, to be conveyed at the usual hours of s. 12. ' starting, at such prices or upon such conditions as may from time to time be contracted for between the secretary at war and such railway companies for the conveyance of such forces, on the production of a route or order for their con- veyance signed by the proper authorities. Interpreta- 21. And be it enacted, That whenever the word " rail- tion of way" is used in this or in the said recited act it shall be words. construed to apply to all railways used or intended to be used for the conveyance of passengers in or upon carriages " Railway." drawn or impelled by the power of steam or by any other "Company" mechanical power ; and whenever the word " company" is used in this or in the said recited act it shall be con- strued to extend to and include the proprietors for the time being of any such railway, whether a body corporate or individuals, and their lessees, executors, administrators, and assigns, unless, in either of the above cases, the subject or context be repugnant to such construction. Application 22. And be it enacted. That all penalties under this of penalties, act, for the application of which no special provision is made, shall be recovered in the name and for the use of her Majesty, in the manner provided by the said recited act for regulating railways. Act may be 23. And be it enacted. That this act may be amended amended or q^ repealed by any act to be passed in the present session repealed. of parliament. Regulation of Railways. 27 7 & 8 Vict. cap. 85. An Act to attach certain Conditions to the Con- struction of Future Railways^ authorized or to be authorized by any Act of the present or suc- ceeding Sessions of Parliament ; and for other purposes in relation to Railways. [9th August, 1844.] Whereas it is expedient that the concession of powers Preamble, for the establishment of new lines of railway should be subjected to such conditions as are hereinafter contained for the benefit of the public : 1. Be it enacted by the Queen's most excellent Majesty, Oi^tions of by and with the advice and consent of the Lords spiritual ^'(^^'i^ion and temporal, and Commons, in this present Parliament as- ^^"^ P^^' sembled, and by the authority of the same, That if at any ^ ^^^^' time after the end of twenty-one years from and after the treasury first day of January next after the passing of any act of ^ revise the present or of any future session of parliament for the the scale of construction of any new line of passenger railway, whether tolls of such new line be a trunk, branch, or junction line, and future rail- whether such new line be constructed by a new company ways, and incorporated for the purpose or by any existing company, fix a new the clear annual profits divisible upon the subscribed and scale. paid-up capital stock of the said railway, upon the average of the three then last preceding years, shall equal or ex- ceed the rate of ten pounds for every hundred pounds of such paid-up capital stock, it shall be lawful for the lords commissioners of her Majesty's treasury, subject to the provisions hereinafter contained, upon giving to the said company three calendar months' notice in writing of their intention so to do, to revise the scale of tolls, fares, and charges limited by the act or acts relating to the said railway, and to ^yi such new scale of tolls, fares, and charges applicable to such different classes and kinds of passengers, goods, and other trafiic on such railway, as in the judgment of the said lords commissioners, assuming the same quantities and kinds of traffic to continue, shall be likely to reduce the said divisible profits to the said rate of ten pounds in the hundred : provided always, that Proviso, no such revised scale shall take effect, unless accompanied by a guarantee to subsist as long as any such revised S(;ale of tolls, fares, and charges shall be in force, that the c 2 28 Regulation of Railways. [7^8 Vict. and pur- chase. Treasury may pur- chase future rail- ways. Proviso. Options of said divisible profits, in case of any deficiency therein, revision shall be annually made good to the said rate of ten pounds for every hundred pounds of such capital stock : provided also, that such revised scale shall not be again revised or such guarantee withdrawn, otherwise than with the con- sent of the company, for the further period of twenty-one years. 2. And be it enacted. That whatever may be the rate of divisible profits on any such railway, it shall be lawful for the said lords commissioners, if they shall think fit, subject to the provisions hereinafter contained, at any time after the expiration of the said term of twenty-one years, to purchase any such railway, with all its heredita- ments, stock, and appurtenances, in the name and on be- half of her Majesty, upon giving to the said company three calendar months' notice in writing of their intention, and upon payment of a sum equal to twenty-five years' purchase of the said annual divisible profits, estimated on the average of the three then next preceding years : pro- vided that if the average rate of profits for the said three years shall be .less than the rate of ten pounds in the hundred, it shall be lawful for the company, if they shall be of opinion that the said rate of twenty-five years' pur- chase of the said average profits is an inadequate rate of purchase of such railway, reference being had to the prospects thereof, to require that it shall be left to arbi- tration, in case of difference, to determine what (if any) additional amount of purchase money shall be paid to the said company : provided also, that such option of purchase shall not be exercised, except with the consent of the company, while any such revised scale of tolls, fares, and charges shall be in force. 3. Provided always, and be it enacted. That the option of revision or purchase shall not be applied to any railway made or authorized to be made by any act previous to the present session ; and that no branch or extension of less than five miles in length of any such line of railway shall be taken to be a new railway within the provisions of this act ; and that the said option of purchase shall not be exercised as regards any branch or extension of any railway, without including such railway in the purchase, in case the proprietors thereof shall require that the same be so included. 4. And whereas it is expedient that the policy of re- to be exer- vision or purchase should in no manner be prejudged by cised by ^]^q provisions of this act, but should remain for the future treasury consideration of the legislature, upon grounds of general untilautiio- ^^^ national policy : and whereas it is not the intention parnameiit ^^ *^^^ ^^* *^^* under the said powers of revision or pur- Proviso Options not to be ap- plied to ex- isting rail- wavs. Options not cap, 85.] Regulation of Railways. 29 chase, if called into use, the public resources should be Options of employed to sustain an undue competition against any revision independent company or companies ; be it enacted, That (^^d pur- no such notice as hereinbefore mentioned, whether of re- ^f^^^^- vision or purchase, shall be given until provision shall " have been made by parliament, by an act or acts to be passed in that behalf, for authorizing the guarantee or the levy of the purchase money hereinbefore mentioned, as the case may be, and for determining, subject to the con- ditions hereinbefore mentioned, the manner in which the said options or either of them shall be exercised ; and that no bill for giving powers to exercise the said options, or either of them, shall be received in either house of par- liament unless it be recited in the preamble to such bill that three months' notice of the intention to apply to parliament for such powers has been given by the said lords commissioners to the company or companies to be affected thereby. 5. And be it enacted, That, from and after the cora- Companies mencement of the period of three years next preceding Hable to the the period at which the option of revision or purchase options to becomes available, full and true accounts shall be kept of l^^ep ac- all sums of money received and paid on account of any count-s and railway within the provisions hereinbefore contained, send copy (distinguishing, if the said railway shall be a branch rail- ^, t^^^ti" way or one worked in common with other railways, the i-reasury receipts, and giving an estimate of the expenses on account of the said railway, from those on account of the trunk, line, or other railways,) by the directors of the company to whom such railway belongs or by whom the same may be worked ; and every such railway company shall once in every half year, during the said period of three years, cause a half-yearly account in abstract to be prepared, showing the total receipt and expenditure on account of the said railway for the half-year ending the thirtieth day of June and the thirty-first day of December respectively, or such other convenient days as shall in each case be directed by the said lords commissioners, under distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified under the hands of two or more directors of the said railway company, and shall send a copy of the said account to the said lords commissioners on or before the last days of August and February respectively, or such other days as shall in each case be directed by the said lords commis- sioners, in each year ; and it shall be lawful for the said lords commissioners, if and when they shall think fit, to appoint any proper person or persons to inspect the ac- counts and books of the said company during the said 30 Options of revision and pur- chase. Cheap Trains. Company to provide one cheap train each way daily. Regulation of Railways. [7 4* 8 Vict. Hours of starting. Eate of speed. Stoppages. Carriages. Fares. period of three years ; and it shall be lawful for any per- son so authorized, at all reasonable times, upon producing his authority, to examine the books, accounts, vouchers, and other documents of the company at the principal office or place of business of the company, and to take copies or extracts therefrom. 6. And whereas it is expedient to secure to the poorer class of travellers the means of travelling by railway at moderate fares, and in carriages in which they may be protected from the weather ; be it enacted, That on and after the several days hereinafter specified all passenger railway companies which shall have been incorporated by any act of the present session, or which shall be hereafter incorporated, or which by any act of the present or any future session have obtained or shall obtain, directly or indirectly, any extension or amendment of the powers conferred on them respectively by their previous acts, or have been or shall be authorized to do any act unau- thorized by the provisions of such previous acts, shall, by means of one train at the least to travel along their rail- way from one end to the other of each trunk, branch, or junction line belonging to or leased by them, so long as they shall continue to carry other passengers over such trunk, branch, or junction line, once at the least each way on every week-day, except Christmas-day and Good Fri- day (such exception not to extend to Scotland), provide for the conveyance of third-class passengers to and from the terminal and other ordinary passenger stations of the railwa}'', under the obligations contained in their several acts of parliament, and with the immunities applicable by law to carriers of passengers by railway ; and also under the follov/ing conditions ; (that is to say,) Such train shall start at an hour to be from time to time fixed by the directors, subject to the approval of the lords of the committee of privy council for trade and plantations : Such train shall travel at an average rate of speed not less than twelve miles an hour for the whole distance travelled on the railway, including stoppages : Such train shall, if required, take up and set down pas- sengers at every passenger station which it shall pass on the line : The carriages in which passengers shall be conveyed by such train shall be provided with seats, and shall be protected from the weather, in a manner satisfac- tory to the lords of the said committee : The fare or charge for each third-class passenger by such train shall not exceed one penny for each mile travelled : cap, 85.] Regulation of Railways, 31 Each passenger by such train shall be allowed to take Cheap with him half a hundred weight of luggage, not being Trains. merchandize or other articles carried for hire or pro- fit, without extra charge ; and any excess of luggage ^^g^^g^. shall be charged by weight, at a rate not exceeding the lowest rate of charge for passengers' luggage by other trains : Children under three years of age accompanying pas- Children, sengers by such train shall be taken without any charge, and children of three years and upwards, but under twelve years of age, at half the charge for an adult passenger : And with respect to all railways subject to these obliga- When these tions which shall be open on or before the first day of obhgations November next, these obligations shall come into force on to com- the said first day of November ; and with respect to all mence. other railways subject to these obligations, they shall come into force on the day of opening of the railway, or the day after the last day of the session in which the act shall be passed by reason of which the company will be- come subject thereunto, which shall first happen. 7. And be it enacted. That if any railway company Penalty for shall refuse or wilfully neglect to comply with the pro- non-com- visions of this act as to the said cheap trains within a pHance reasonable time, or shall attempt to evade the operation of such order, such company shall forfeit to her Majesty a sum not exceeding twenty pounds for every day during which such refusal, neglect, or evasion shall continue. 8. Provided always, and be it enacted, That, except as Board of to the amount of fare or charge for each passenger by such Trade may cheap trains, which shall in no case exceed the rates here- dispense inbefore in such case provided, the lords of the said com- with condi- mittee shall have a discretionary power, upon the applica- tions here- tion of any railway company, of dispensing with any of inbefore the conditions hereinbefore required in regard to the ^^^^^i^ed in conveyance of passengers by such cheap trains as afore- ^.^^^^^^^fj" said, in consideration of such other arrangements, either ^^^^ ^ ^^ in regard to speed, covering from the weather, seats, or ^^^f more other particulars, as to the lords of the said committee beneficial, shall appear more beneficial and convenient for the pas- sengers by such cheap trains under the circumstances of the case, and shall be sanctioned by them accordingly ; and any railway company which shall conform to such other conditions as shall be so sanctioned by the lords of the said committee shall not be liable to any penalty for not observing the conditions which shall have been so dispensed with by the lords of the said committee in regard to the said cheap trains and the passengers conveyed thereby. 9. And be it enacted. That no tax shall be levied upon No passen- 32 Regulation of Railways. [7<^8 Vict. wise pro vided. ger tax to the receipts of any railway company from the conveyance be levied on of passengers at fares not exceeding one penny for each receipts. mile by any such cheap train as aforesaid. If company 10. And be it enacted, That whenever any railway run trains company subject to the hereinbefore mentioned obliga- on Sundays, tion of running cheap trains shall, from and after the days cheap trains hereinbefore specified on which the said obligation is to to be like- accrue, run any train or trains on Sundays for the convey- ance of passengers, it shall, under the obligations contained in its act or acts of parliament, and with the immunities applicable by law to carriers of passengers by railway, by such train each way, on every Sunday, as shall stop at the greatest number of stations, provide sufficient carriages for the conveyance of third class passengers at the terminal and other stations at which such Sunday train may ordi- narily stop ; and the fare or charge for each third class passenger by such train shall not exceed one penny for each mile travelled. 11. And whereas hy an act passed in the second year of the reign of her Majesty, intituled "An act to provide for the conveyance of the Mails by Railways," provision was made for the transmission of the mails by railway, and it is expedient that such provision should be extended ; be it enacted, That it shall be lawful for the Postmaster- General to require, in the manner and subject to the con- ditions as to payment for service performed prescribed by the said act, that the mails be forwarded upon any such railway as is hereinbefore last mentioned at any rate of speed which the inspector- general of railways for the time being shall certify to be safe, not exceeding twenty-seven miles in the hour including stoppages ; and it shall be also lawful for the Postmaster- General to send any mail guard with bags not exceeding the weight of luggage allowed to trains other any other passenger (or subject to the general rules of the than a mail company^ for any excess of that weight) by any trains tram. other than a mail train, upon the same conditions as any other passenger ; provided that in such last-mentioned case nothing herein or in the last-recited act contained shall be construed to authorize the Postmaster- General to re- quire the conversion of a regular mail train into an ordi- nary train, or to exercise any control over the company in respect of any ordinary train, nor shall the company be responsible for the safe custody or delivery of any mail bags so sent. Convey- 12. And whereas by an act passed in the sixth year of ance of the reign of her Majesty, intituled " An Act for the better military regulation of Railways, and for the conveyance of Troops,'* andpolice. ^^ ^g^g among other things enacted, that whenever it shall be necessary to move any of the officers or soldiers of her Convey- ance of mails. See 1 & 2 Vict. c. 98 Rate of speed. Mails by cap. 85,^ Regulation of Railivdys, 38 Majesty's forces of the line, ordnance corps, marines, Convey- militia, or the police force, by any railway, the directors ance of thereof shall and are hereby required to permit such military forces respectively, with their baggage, stores, arms, ammu- andpolice. nition, and other necessaries and things, to be conveyed -— - at the usual hours of starting, at such prices or upon such ^^ ^ ^^ conditions as may from time to time be contracted for ^^f^ ^' ^^* between the secretary at war and such railway companies for the conveyance of such forces, on the production of a route or order for their conveyance signed by the proper authorities : and whereas it is expedient to amend such Prices and provision in regard to the prices and conditions of convey- conditions ance by any new railway or any railway obtaining new ^^ convey- powers from parliament ; be it enacted. That all railway ^^^^• companies which have been or shall be incorporated by any act of the present or any future session, or which, by any act of the present or any future session shall have obtained or shall obtain any extension or amendment of the powers conferred by their previous acts or any of them, or have been or shall be authorized to do any act unauthorized by the provisions of such previous acts, shall be bound to provide such conveyance as aforesaid for the said military, marine, and police forces, at fares not exceeding twopence per mile for each commissioned officer proceeding on duty, such officer being entitled to convey- ance in a first-class carriage, and not exceeding one penny for each mile for each soldier, marine, or private of the militia or police force, and also for e^ch wife, widow, or child above twelve years of age of a soldier entitled by act of parliament or by competent authority to be sent to their destination at the public expense, children under three years of age so entitled being taken free of charge, and children of three years of age or upwards, but under twelve years of age, so entitled, being taken at half the price of an adult ; and such soldiers, marines, and privates of the militia or police force, and their wives, widows, and children so entitled, being conveyed in car- Carriages to riages which shall be provided with seats, with sufficient be provided spac« for the reasonable accommodation of the persons with seats conveyed, and which shall be protected against the and protect- weather ; provided that every officer conveyed shall be <^d against entitled to take with him one hundred weight of personal the weather, luggage without extra charge, and every soldier, marine, private, wife, or widow shall be entitled to take with him or her half a hundred weight of personal luggage without extra charge, all excess of the above w^eights of personal luggage being paid for at the rate of not more than one halfpenny per pound, and all public baggage, stores, arms., ammunition, and other necessaries and things, (except c S 34 Convey- ance of military and police. Electrical Tele- graphs. Company to allow lines to be esta- blished. Regulation of Railways, [7 4-8 Vict. Lines esta- blished by private par- ties to be open to the public. Inspectors of rail- ways. gunpowder and other combustible matters, which the com- pany shall only be bound to convey at such prices and upon such conditions as may be from time to time con- tracted for between the secretary at war and the company,) shall be conveyed at charges not exceeding twopence per ton per mile, the assistance of the military or other forces being given in loading and unloading such goods. 13. And w^hereas electrical telegraphs have been esta- blished on certain railways, and may be more extensively established hereafter, and it is expedient to provide for their due regulation ; be it enacted. That every railway company, on being required so to do by the lords of the said committee, shall be bound to allow any person or persons authorized by the lords of the said committee, with servants and workmen, at all reasonable times to enter into or upon their lands, and to establish and lay down upon such lands adjoining the line of such railway aline of electrical telegraph for her Majesty's service, and to give to him and them every reasonable facility for lay- ing down the same, and for using the same for the pur- pose of receiving and sending messages on her Majesty's service, subject to such reasonable remuneration to the company as may be agreed upon between the company and the lords of the said committee, or, in case of dis- agreement, as may be settled by arbitration : provided always, that, subject to a prior right of use thereof for the purposes of her Majesty, such telegraph may be used by the company for the purposes of the railway, upon such terms as may be agreed upon between the parties, or, in the event of difference, as may be settled by arbitra- tion. 14. And be it enacted, That where a line of electrical telegraph shall have been established upon any railway by the company to whom such railway belongs, or by any company, partnership, person or persons, otherwise than exclusively for her Majesty's service, or exclusively for the purposes of the railway, or jointly for both, the use of such electrical telegraph, for the purpose of receiving and sending messages, shall, subject to the prior right of use thereof for the service of her Majesty and for the purposes of the company, and subject also to such equal charges and to such reasonable regulations as may be from time to time made by the said railway company, be open for the sending and receiving of messages by all persons alike, without favour or preference. 15. And whereas by an act passed in the fourth year of the reign of her Majesty, intituled "An Act to regulate Rail ways," power is given to the lords of the said committee to appoint any proper person or persons to inspect any cap. 85.] Regulation of Railways, 3o railway, and the stations, works, and buildings, and the Inspectors engine's and carriages belonging thereto ; and in order to »/ ^^iZ- carry the provisions of this act into execution it is expe- '^oys- dient that the said power be extended ; be it enacted, ~~ That the said power given to the lords of the said com- Yiltcm mittee of appointing proper persons to inspect railways ^ ^ ' ' ' ' shall extend to authorize the appointment by the lords of Extension the said committee of any proper person or persons, for ^f power of such purposes of inspection as are by the said act author- appoint ized, and also for the purpose of enabling the lords of the ment oi, by said committee to carry the provisions of this and of the Board of said act, and of any general act relating to railways, into Trade, execution ; and that so much of the last-recited act as Repeal of provides that no person shall be eligible to the appoint- proviso to ment as inspector who shall, within one year of his 3 & 4 Vict, appointment, have been a director, or have held any office c 97, s. 5. of trust or profit under any railway company, shall be repealed : provided always, that no person to be appointed as aforesaid shall exercise any powers, of interference in the aflfairs of the company. 16. And whereas by the said act of the fourth year of Prosecu- the reign of her Majesty, intituled "An Act for regulating tions to Railways," it is among other things enacted, that whenever enforce it shall appear to the lords of the said committee that any provisions of the provisions of the several acts of parliament regulat- of rail- ing any railway companies, or the provisions of that act, ^^y <*^^*' have not been complied with on the part of any of the said ~ companies or any of their officers, and that it would be for ?^|^^ ^ t the public advantage that the due performance of the same g^ ^ ^V ^' should be enforced, the lords of the said committee shall ' ' certify the same to her Majesty's attorney-general for England or Ireland, or to the lord-advocate for Scotland, as the case may require ; and thereupon the said attorney- general or lord-advocate shall, by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding (as the case may require), proceed to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such non-compliance, or other- wise authorized to sue for such penalties, might employ under the provisions of the said acts ; provided always, that no such certificate as aforesaid shall be given by the lords of the said committee until twenty-one days after they shall have given notice of their intention to give the same to the company against or in relation to whom they shall intend to give the same : and whereas it is expedient that more eftectual provision should be made, not only for enforcing a compliance on the part of railway companies with the provisions of their acts, but also for restraining 36 Prosecu- tions to enforce provisions of rail- way acts, may be di- rected by the Board of Trade, Regulation of Railways, [7^8 Vict in cases of non-com- pliance with provi- sions of acts. In cases of commission of acts un- authorized by law. Notice of, to be given to the com- pany. railway companies from performing acts unauthorized by such provisions ; be it enacted, That so much of the said act as is hereinbefore recited shall be repealed. 17. And be it enacted, that whenever it shall appear to the lords of the said committee that any of the provisions of the several acts of parliament regulating any railway company, or the provisions of this act or of any general act relating to railways, have not been complied with on the part of any railway company or any of its officers, or that any railway company has acted or is acting in a manner unauthorized by the provisions of the act or acts of parliament relating to such railway, or in excess of the powers given and objects defined by the said act or acts, and it shall also appear to the lords of the said committee that it would be for the public advantage that the com- pany should be restrained from so acting, the lords of the said committee shall certify the same to her Majesty's attorney-general for England or Ireland, or to the lord- advocate for Scotland, as the case may require ; and there- upon the said attorney-general or lord-advocate shall, in case such default of the railway company shall consist of non-compliance with the provisions of the act or acts relating thereto, or of this act, or of any general act re- lating to railways, proceed by information, or by action, bill, plaint, suit at law or in equity, or other legal pro- ceeding, as the case may require, to recover such penalties and forfeitures, or otherwise to enforce the due per- formance of the said provisions, by such means as any person aggrieved by such non-compliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said acts ; and in case the default of the railway company shall consist in the commission of some act or acts unauthorized by law^, then the said at- torney-general or lord-advocate, upon receiving such certificate as aforesaid, shall proceed by suit in equity, or such other legal proceeding as the nature of the case may require, to obtain an injunction or order (which the judge in equity or other judge to whom the application is made shall be authorized and required to grant, if he shall be of opinion that the act or acts of the railway company com- plained of is or are not authorized bylaw,) to restrain the company from acting in such illegal manner, or to give such other relief as the nature of the case may require. 18. Provided always, and be it enacted, That no such certificate as aforesaid shall be given by the lords of the said committee until twenty-one days after they shall have given notice to the company against or in relation to whom they shall intend to give such certificate of their intention to give such certificate ; and that no legal pro- cap, 85.] Regulation of Railways, 87 ceedings shall be commenced under the authority of the Prosecu- lords of the said committee against any railway company tions to be for any offence against any of the several acts relating to within one railways, or this act, or any general act relating to rail- ^^^ ^*^^ ways, except upon such certificate of the lords of the ^^® ofTence. said committee as aforesaid, and within one year after such offence shall have been committed. 19. And whereas many railway companies have bor- LoanNotes. rowed money in a manner unauthorized by their acts of incorporation or other acts of parliament relating to the said companies, upon the security of loan notes or other instruments purporting to give a security for the repay- ment of the principal sums borrowed at certain dates, and for the payment of interest thereon in the meantime : and whereas such loan notes or other securities issued otherwise than under the provision of some act or acts of parliament have no legal validity, and it is expedient that the issue of such illegal securities should be stopped ; but such loan notes or other securities having been issued and received in good faith as between the borrower and lender, and for the most part for the lawful purposes of the un- dertaking, and in ignorance of their legal invalidity, it is expedient to confirm such as have been already issued ; be it enacted. That from and after the passing of this act Issue of, any railway company issuing any loan note or other prohibited negotiable or assignable instrument purporting to bind in future, the company as a legal security for money advanced to the said railway company otherwise than under the pro- visions of some act or acts of parliament authorizing the said railway company to raise such money and to issue such security, shall for every such offence forfeit to her Majesty a sum equal to the sum for which such loan note or other instrument purports to be such security : pro- Already vided always, that any company may renew any such issued may loan note or other instrument issued by them prior to the be renewed, passing of this act for any period or periods not exceeding ^\e years from the passing of this act. 20. And be it enacted, That where any railway com- Already pany before the twelfth day of July one thousand eight issued to be hundred and forty-four, shall have issued or contracted to paid when issue any such loan notes or other unauthorized instru- <^"®- ments, the company may and shall pay off such loan notes or other instruments as the same may fall due, subject as hereinbefore provided ; and until the same shall be so paid off the said loan notes or other instruments shall entitle the holders thereof to the payment by the company of the principal sum and interest thereby agreed to be paid. 21. And be it enacted. That a register of all such loan Register of notes or other instruments shall be kept by the secretary ; to be kept. 38 LoanNoies. Tithe Rent. Remedy for recovery of, charged on railway land. Regulation of Railways. [74-8 Tiet. Proviso. Service of notices, on com pany. and such register shall be open, without fee or reward, at all reasonable times, to the inspection of any shareholder or auditor of the undertaking, and of every person in- terested in any such loan note or other instrument, de- sirous of inspecting the same. 22. And whereas the remedies now in force for the re- covery of tithe commutation rent-charges are in many in- stances ineifectual for such parts thereof as are charged upon lands taken for the purposes of a railway, and it is therefore expedient to extend the said remedies when the said rent-charges may have been duly apportioned ; be it enacted, That in all cases in which any such rent- charge, or part of any rent-charge, has been or hereafter shall be duly apportioned under the provisions of the acts for the commutation of tithes in England and Wales, upon lands taken or purchased by any railway company for the pur- poses of such company, or upon any part of such lands, it shall be lawful for every person entitled to the said rent- charge or parts of such rent- charge, in case the same has been or shall be in arrear and unpaid for the space of twenty-one days next after any half-yearly day fixed for the payment thereof, to distrain for all arrears of the said rent- charge upon the goods, chattels, and effects of the said company, whether on the land charged therewith, or any other lands, premises, or hereditaments of such com- pany, whether situated in the same parish or elsewhere, and to dispose of the distress when taken, and otherwise to demean himself in relation thereto, as any landlord may for arrears of rent reserved on a lease for years : provided always, that nothing herein contained shall give or be con- strued to give a legal right to such rent-charge, when but for this act such rent- charge was not or could not be duly apportioned. 23. And be it enacted, That all notices, requisitions, orders, regulations, appointments, certificates, certified copies, and other documents in writing, signed by some officer appointed for that purpose by the lords of the said committee, shall for the purposes of this act be deemed to have been made by the lords of the said committee ; and all certificates of any thing done by the lords of the said committee in relation to this act, and certified copies of the minutes of proceedings or correspondence of the lords of the said committee in relation thereto, signed by such officer, shall be deemed sufficient evidence thereof, and that in the absence of evidence to the contrary, without proof of the authority of the person signing the same or of the signature thereto, and service of the same at one of the principal offices of any railway company on the secre- tary or clerk of the said company, or by sending the same cap, 85.] Regulation of Railways, 39 by post, addressed to him at such office, shall be deemed Service of good service upon the said company; and all notices, notices, returns, and other documents required by this act to be given to or laid before the lords of the said committee, ^ Board of shall be delivered at or sent by post addressed to the office T^'^^^- of the lords of the said committee. 24. And be it enacted, That all penalties under this Recovery act for the application of w^hich no special provision is of penalties, made shall be recovered in the name and for the use of her Majesty, and may be recovered in any of her Majesty's courts of record, or in the court of session or in any of the sheriff courts in Scotland. 25. And be it enacted. That where the word "railway" Interpreta- is used in this act it shall be construed to extend to rail- ^^^^ ^/ ways constructed under the powers of any act of parlia- ^^<^^^s- ment ; and when the words " passenger railway" are used ^^ Tj „ in this act, they shall be construed to extend to railways ,',p J* constructed under the powers of any act of parliament T?«n^av "^^ upon which one-third or more of the gross annual revenue is derived from the conveyance of passengers by steam or other mechanical power ; and whenever the word " com- ^'Company" pany" is used in this act it shall be construed to extend to include the proprietors for the time being of any such railway ; and that where a different sense is not expressly declared, or does not appear by the context, every word importing the singular number or the masculine gender shall be taken to include females as well as males, and several persons and things as well as one person or thing. 26. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in this session of amended or parliament. repealed. 8 Vict. cap. 16. An Act for consolidating in One Act certain Pro- visions usually inserted in Acts with respect to the Constitution of Companies incorporated for carrying on Undertakings of a Public Nature. [8th May 1845.] Whereas it is expedient to comprise in one general Preamble, act sundry provisions relating to the constitution and management of joint stock companies, usually introduced into acts of parliament authorizing the execution of under- takings of a public nature by such companies, and that as 40 Preamble. Act to ap- ply to all companies incorpo- rated by acts here- after to be passed. Compaiiies^ Clauses, [8 Vict. Interpreta- tions in this act. " The special act." " Pre- scribed." "The un- dertaking." Interpreta- tions in this and the special act. Number. well for the purpose of avoiding the necessity of repeating 3uch provisions in each of the several acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves, 1. May it therefore please your Majesty that it may be enacted ; and 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 Par- liament assembled, and by the authority of the same, That this act shall apply to every joint stock company which shall by any act which shall hereafter be passed be incorporated for the purpose of carrying on any under- taking, and this act shall be incorporated with such act ; and all the clauses and provisions of this act, save so far as they shall be expressly varied or excepted by any such act, shall apply to the company which shall be incorporated by such act, and to the undertaking for carrying on which such company shall be incorporated, so far as the same shall be applicable thereto respectively ; and such clauses and provisions, as well as the clauses and provisions of every other act which shall be incorporated with such act, shall, save as aforesaid, form part of such act, and be construed together therewith as forming one act. 2. And with respect to the construction of this act, and of other acts to be incorporated therewith, be it enacted as follows : — The expression *^ the special act" used in this act shall be construed to mean any act which shall be hereafter passed incorporating a joint stock company for the pur- pose of carrying on any undertaking, and with which this act shall be so incorporated as aforesaid ; and the word " prescribed" used in this act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special act ; and the sentence in which such word shall occur shall be construed as if instead of the word " prescribed" the expression " prescribed for that purpose in the special act" had been used ; and the expression " the undertaking" shall mean the undertaking or works, of whatever nature, which shall by the special act be authorized to be exe- cuted. 3. The following words and expressions both in this and the special act shall have the several meanings hereby assigned to them, unless there be something in the subject or the context repugnant to such construction ; (that is to say,) Words importing the singular number only shall in- clude the plural number ; and words importing the plural number only shall include the singular number : cap. 16.'] Companies' Clauses. 41 Words importing the masculine gender only shall Gender, include females : The word " lands" shall extend to messuages, lands, " Lands." tenements, and hereditaments of any tenure : The word " lease" shall include an agreement for a lease : " Lease." The word " month" shall mean calendar month : « Month." The expression " superior courts" shall mean her " Superior Majesty's superior courts of record at Westminster or Courts." Dublin, as the case may require : The word " oath" shall include affirmation in the case " Oath." of quakers, or other declaration lawfully substituted for an oath in the case of any other persons, exempted by law from the necessity of taking an oath : The word " county" shall include any riding or other " County." like division of a county, and shall also include county of a city or county of a town : The word "justice" shall mean justice of the peace "Justice." acting for the county, city, borough, liberty, cinque port, or other place where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter ; and where any matter shall be authorized or required to be done by two justices, the expression "two justices" shall be "Two jus- understood to mean two justices assembled and acting tices." together in petty sessions : The expression "the company" shall mean the company "The com- constituted by the special act : pany." The expression " the directors" shall mean the directors "Directors" of the company, and shall include all persons having the direction of the undertaking, whether under the name of directors, managers, committee of manage- ment, or under any other name : The word " shareholder" shall mean shareholder, pro- " Share • prietor, or member of the company ; and in referring holder." to any such shareholder, expressions properly appli- cable to a person shall be held to apply to a corpora- tion : and The expression " the secretary" shall mean the secretary " Secre- of the company, and shall include the word " clerk." tary." 4. And be it enacted, That in citing this act in other Short title acts of parliament and in legal instruments it shall be suf- of the act. ficient to use the expression " The Companies' Clauses Consolidation Act, 1845." 5. And whereas it may be convenient in some cases to Foyna in incorporate with acts of parliament hereafter to be passed '^hich por- some portion only of the provisions of this act; be it ^i^J^^of this therefore enacted, That for the purpose of making any such ?^^ ^^^ incorpoi*ation it shall be sufficient in any such act to enact rated^ith that the clauses and provisions of this act, with respect to ^^j^gp ^^^^ 42 Companies' Clauses, [8 Vict Interpreta- the matter so proposed to be incorporated (describing such tions in matter as it is described in this act in the words introduc- this and tory to the enactment with respect to such matter), shall the special j^g incorporated with such act ; and thereupon all the clauses and provisions of this act with respect to the mat- ter so incorporated shall, save so far as thej shall be expressly varied or excepted by such act, form part of such act, and such act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such act shall relate. Distrihu- And with respect to the distribution of the capital of tion of the company into shares, be it enacted as follows : capital. 6. The capital of the company shall be divided into -; shares of the prescribed number and amount ; and such Capital to shares shall be numbered in arithmetical progression, be divided ijeginning with number one ; and every such share shall m s ares. -^^ distinguished by its appropriate number. Shares to be 7» All shares in the undertaking shall be personal personal estate, and transmissible as such, and shall not be of the estate. nature of real estate. Persons 8. Every person who shall have subscribed the pre- who sub- scribed sum or upwards to the capital of the company, or scribe to be gh^ll otherwise have become entitled to a share in the \^T^' company, and whose name shall have been entered on the nolaers. register of shareholders hereinafter mentioned, shall be deemed a shareholder of the company. Eegister of 9. The company shall keep a book, to be called the sbarehold- " register of shareholders ;" and in such book shall be ers to be fairly and distinctly entered, from time to time, the names kept, Q^ ^YiQ several corporations, and the names and additions of the several persons entitled to shares in the company, together with the number of shares to which such share- holders shall be respectively entitled, distinguishing each share by its number, and the amount of the subscriptions paid on such shares, and the surnames or corporate names of the said shareholders shall be placed in alphabetical and ail- order ; and such book shall be authenticated by the com- thenticated. mon seal of the company being affixed thereto ; and such authentication shall take place at the first ordinary meet- ing, or at the next subsequent meeting of the company, and so from time to time at each ordinary meeting of the company. Sharehold 1 0. In addition to the said register of shareholders, the ers' address- company shall provide a book, to be called the " share- book to be holders' address-book," in which the secretary shall from kept ; time to time enter, in alphabetical order, the corporate names and places of business of the several shareholders of the company, being corporations, and the surnames of the several other shareholders with their respective cap. 16.] Companies' Clauses. 43 christian names, places of abode, and descriptions, so far Distrthu- as the same shall be known to the company ; and every Hon of shareholder, or if such shareholder be a corporation the ^(^pital. clerk or agent of such corporation, may at all convenient times peruse such book gratis, and may require a copy ^^^ "® thereof or of any part thercjof; and for every hundred P^^?^^ words so required to be copied, the company may demand ^^^ a sum not exceeding sixpence. 11. On demand of the holder of any share the company Certificates shall cause a certificate of the proprietorship of such of shares to share to be delivered to such shareholder ; and such certi- ^^e issued tu ficate shall have the common seal of the company affixed ^^'^ share- thereto ; and such certificate shall specify the share in holders. the undertaking to which such shareholder is entitled ; and the same may be according to the form in the sche- Form, dule (A.) to this act annexed, or to the like effect ; and for such certificate the company may demand any sum Fee. not exceeding the prescribed amount, or if no amount be prescribed, then a sum not exceeding two shillings and sixpence. 12. The said certificate shall be admitted in all courts Certificate as prima facie evidence of the title of such shareholder, to be evi- his executors, administrators, successors, or assigns, to the dence. share therein specified ; nevertheless the want of such certificate shall not prevent the holder of any share from disposing thereof. 13. If any such certificate be worn out or damaged, then, Certificate upon the same being produced at some meeting of the ^^ be re- directors, such directors may order the same to be can- newedwhen celled, and thereupon another similar certificate shall be ^^^* or de- given to the party in whom the property of such certificate, ^^^'^y^^* and of the share therein mentioned, shall be at the time vested ; or if such certificate be lost or destroyed, then, upon proof thereof to the satisfaction of the directors, a similar certificate shall be given to the party entitled to the certificate so lost or destroyed ; and in either case a Entry in due entry of the substituted certificate shall be made by register of the secretary in the register of shareholders ; and for every sliare- such certificate so given or exchanged the company may l^ol^^^s. demand any sum not exceeding the prescribed amount, or if no amount be prescrij)ed, then a sum not exceeding two Fee. shillings and sixpence. And with respect to the transfer or transmission of Transfer of shares, be it enacted as follows : Shares. 14. Subject to the regulations herein or in the special T" act contained, every shareholder may sell and transfer all ^^^^ or any of his shares in the undertaking, or all or any part transfer of his interest in the capital stock of the company, in case shares by such shares shall, under the provision hereinafter contained, ^eed. 44 Companies' Clauses, [8 Vict. Transfer of be consolidated into capital stock ; and every such transfer shares. Form. Memorials fers. Fee. shall be by deed duly stamped, in which the consideration shall be truly stated ; and such deed may be according to the form in the schedule (B.) to this act annexed, or to the like effect. 15. The said deed of transfer (when duly executed) of transfers shall be delivered to the secretary, and be kept by him ; to be enter- and the secretary shall enter a memorial thereof in a book ed in regis- to be called the " Register of Transfers," and shall endorse fcva^^^^^^^" ^"^^ entry on the deed of transfer, and shall, on demand, deliver a new certificate to the purchaser ; and for every such entry, together with such endorsement and certifi- cate, the company may demand any sum not exceeding the prescribed amount, or if no amount be prescribed, then a sum not exceeding two shillings and sixpence ; and on the request of the purchaser of any share an endorsement of such transfer shall be made on the certifi- cate of such share, instead of a new certificate being granted; and such endorsement, being signed by the secretary, shall be considered in every respect the same Until regis- as a new certificate ; and until such transfer has been so tered, ven- delivered to the secretary as aforesaid the vendor of the dor liable share shall continue liable to the company for any calls that may be made upon such share, and the purchaser of the share shall not be entitled to receive any share of the profits of the undertaking, or to vote in respect of such share. 16. No shareholder shall be entitled to transfer any share, after any call shall have been made in respect made until thereof, until he shall have paid such call, nor until he calls paid, shall have paid all calls for the time being due on every share held by him. 17. It shall be lawful for the directors to close the register of transfers for the prescribed period, or if no period be prescribed, then for a period not exceeding four- teen days previous to each ordinary meeting, and they may ^x a day for the closing of the same, of which seven days' notice shall be given by advertisement in some newspaper as after mentioned; and any transfer made during the time when the transfer books are so closed shall, as between the company and the party claiming under the same, but not otherwise, be considered as made subsequently to such ordinary meeting. 18. If the interest in any share have become transmitted in consequence of the death or bankruptcy or insolvency of any shareholder, or in consequence of the marriage of othermeaus a female shareholder, or by any other lawful means than than trans- \yj ^ transfer according to the provisions of this or the special act, such transmission shall be authenticated by a for calls. Purchaser not entitled to profits. Transfer not to be Closing of transfer books. Notice. Transmis sion of shares by far to be cap, 16.] Companies^ Clauses. 45 declaration in writing as hereinafter mentioned, or in such Transfer of other manner as th^ directors shall require; and every shares such declaration shall state the manner in which and the party to whom such share shall have been so transmitted, authenti- and shall be made and signed by some credible person cated by a before a justice, or before a master or master extraordi- declaration, nary of the high court of chancery ; and such declaration shall be left with the secretary, and thereupon he shall enter the name of the person entitled under such trans- Entry in mission in the register of shareholders ; and for every register of such entry the company may demand any sum not exceed- shai-e- ing the prescribed amount, and where no amount shall holders, be prescribed, then not exceeding five shiUings ; and until Until au- such transmission has been so authenticated no person thenticated claiming by virtue of any such transmission shall be ^^^^ entitled entitled to receive any share of the profits of the under- ^^ P^'onts. taking, nor to vote in respect of any such share as the holder thereof. 19. If such transmission be by virtue of the marriage Transmis- of a female shareholder, the said declaration shall contain sioubymar- a copy of the register of such marriage, or other particulars nage, will, of the celebration thereof, and shall declare the identity ^^'■> ^^ ^® of the wife with the holder of such share ; and if such P^^^®^ ^>' transmission have taken place by virtue of any testamentary ^^^ "? J^^ instrument, or by intestacy, the probate of the will or the ^^ probate letters of administration, or an official extract therefrom, shall, together with such declaration, be produced to the Entry in secretary ; and upon such production in either of the register of cases aforesaid the secretary shall make an entry of the transfers, declaration in the said register of transfers. Company 20. The company shall not be bound to see to the exe- not bound cution of any trust, whether express, implied, or construe- to regard tive, to which any of the said shares may be subject; and trusts. the receipt of the party in whose name any such share shall stand in the books of the company, or if it stands in the names of more parties than one, the receipt of one of Receipt of the parties named in the register of shareholders, shall party named from time to time be a sufficient discharge to the company in register for any dividend or other sum of money payable in respect ^^ share- of such share, notwithstanding any trusts to which such ^^^^^rs a share may then be subject, and whether or not the com- ^V cient pany have had notice of such trusts ; and the company ^^ ^^^^' shall not be bound to see to the application of the money paid upon such receipt. And with respect to the payment of subscriptions and Payment of the means of enforcing the payment of calls, be it enacted <^«^^s- as follows : 21. The several persons who have subscribed any Subscnp- money towards the undertaking, or their legal represen- tions to be 46 Companies' Clauses. [8 Vict. paid when called for. Power to make calls. Notice. Interval. Payment of i2iiives^ respectively, shall pay the sums respectively so calls. subscribed, or such portions thereof as shall from time to time be called for by the company, at such times and places as shall be appointed by the company ; and with respect to the provisions herein or in the special act con- tained for enforcing the payment of calls, the v^ord " shareholder" shall extend to and include the legal per- sonal representatives of such shareholder. 22. It shall be lawful for the company from time to time to make such calls of money upon the respective shareholders, in respect of the amount of capital respect- ively subscribed or owing by them, as they shall think fit, provided that twenty-one days' notice at the least be given of each call, and that no call exceed the prescribed amount, if any, and that successive calls be not made at less than the prescribed interval, if any, and that the aggregate amount of calls made in any one year do not exceed the Prescribed prescribed amount, if any ; and every shareholder shall be amount. liable to pay the amount of the calls so made, in respect of the shares held by him, to the persons and at the times and places from time to time appointed by the company. Interest to 23. If, before or on the day appointed for payment, any be paid on shareholder do not pay the amount of any call to which calls un- Y^Q jg liable, then such shareholder shall be liable to pay interest for the same at the rate allowed by law from the day appointed for the payment thereof to the time of the actual payment. 24. It shall be lawful for the company, if they think fit, to receive from any of the shareholders willing to ad- vance the same all or any part of the monies due upon their respective shares beyond the sums actually called t'on'^lb^f ^^ for ; and upon the principal monies so paid in advance, or pg^jj so much thereof as from time to time shall exceed the amount of the calls then made upon the shares in respect of which such advance shall be made, the company may pay interest at such rate, not exceeding the legal rate of interest for the time being, as the shareholder paying such sum in advance and the company shall agree upon. Payment of 25. If at the time appointed by the company for the calls may payment of any call any shareholder fail to pay the be enforced amount of such call, it shall be lawful for the company to by action, g^^ ^^^^ shareholder for the amount thereof, in any court of law or equity having competent jurisdiction, and to re- cover the same, with lawful interest, from the day on which such call was payable. 26. In any action or suit to be brought by the company against any shareholder to recover any money due for any call it shall not be necessary to set forth the special matter, but it shall be sufiicient for the company to declare that paid. Interest may be al- lowed on payment of subscrip- Declaration in action for calls. cap, 16.] Cotnpanies' Clauses. 47 the defendant is the holder of one share or more in the Payment of company (stating the number of shares), and is indebted ca//s. to the company in the sum of money to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls), whereby an action hath accrued to the company by virtue of this and the special act. 27. On the trial or hearing of such action or suit it Matter to shall be sufficient to prove that the defendant at the time ^^ proved of making such call was a holder of one share or more ^^ action in the undertaking, and that such call was in fact ^^^ ^^^^* made, and such notice thereof given as is directed by this or the special act ; and it shall not be necessary to prove the appointment of the directors who made such call, nor any other matter whatsoever ; and thereupon the com- pany shall be entitled to recover what shall be due upon such call, with interest thereon, unless it shall appear either that any such call exceeds the prescribed amount, or that due notice of such call was not given, or that the pre- scribed interval between two successive calls had not elapsed, or that calls amounting to more than the sum prescribed for the total amount of calls in one year had been made within that period. 28. The production of the register of shareholders shall Register to be prima facie evidence of such defendant being a share- be evidence, holder, and of the number and amount of his shares. And with respect to the forfeiture of shares for non- Forfeiture payment of calls, be it enacted as follow^s : of shares. 29. If any shareholder fail to pay any call payable by him, together with the interest, if any, that shall have ac- If calls uu- crued thereon, the directors at any time after the expi- paid for two ration of two months from the day appointed for payment months, of such call, may declare the share in respect of which shares may such call was payable forfeited, and that whether the J^ declared company have sued for the amount of such call or not. orteited. 30. Before declaring any share forfeited, the directors Notice of shall cause notice of such intention to be left at or trans- forfeiture to mitted by the post to the usual or last place of abode of be given the person appearing by the register of shareholders to be before de- the proprietor of such share ; and if the holder of any such claration share be abroad, or if his usual or last place of abode be thereof, not known to the directors, by reason of its being imper- fectly described in the shareholders' address book, or otherwise, or if the interest in any such share shall be known by the directors to have become transmitted other- wise than by transfer, as hereinbefore mentioned, but a declaration of such transmission shall not have been regis- tered as aforesaid, and so the address of the parties to « whom the same may have been transmitted, or may for 48 Companies' Clauses. [8 Vict, Forfeiture the time being belong, shall not be known to the directors, of shares, the directors shall give public notice of such intention in the London or Dublin Gazette, according as the company's principal place of business shall be situate in England or Ireland, and also in some newspaper, as after mentioned ; and the several notices aforesaid shall be given twenty-one days at least before the directors shall make such declara- tion of forfeiture. Declaration 31. The said declaration of forfeiture shall not take of forfeiture effect so as to authorize the sale or other disposition of to be con- ^^y. g^j^^.^ ^jj|;i][ g^^,)^ declaration have been confirmed at o-eneral ^ ^ some general meeting of the company to be held after the meeting- expiration of two months at the least from the day on which such notice of intention to make such declaration of forfeiture shall have been given ; and it shall be lawful for the company to confirm such forfeiture at any such meeting, and by an order at such meeting, or at any sub- sequent general meeting, to direct the share so forfeited to be sold or otherwise disposed of. When de- 32. After such confirmation as aforesaid it shall be claration lawful for the directors to sell the forfeited share, either confirmed, by public auction or private contract, and if there be more forfeited than one such forfeited share, then either separately or shares may together, as to them shall seem fit ; and any shareholder be sold. j^g^y purchase any forfeited share so sold. Evidence as 33. A declaration in writing, by some credible person to forfeiture not interested in the matter, made before any justice, or of shares, before any master or master extraordinary of the high court of chancery, that the call in respect of a share was made, and notice thereof given, and that default in pay- ment of the call was made, and that the forfeiture of the share was declared and confirmed in manner hereinbefore required, shall be sufficient evidence of the facts therein Declaration stated ; and such declaration, and the receipt of the trea- and receipt g^rer of the company for the price of such share, shall a good title constitute a good title to such share ; and a certificate of ? ® P^^^" proprietorship shall be delivered to such purchaser, and thereupon he shall be deemed the holder of such share, discharged from all calls due prior to such purchase ; and he shall not be bound to see to the application of the pur- chase money, nor shall his title to such share be affected by any irregularity in the proceedings in reference to such sale. No more 34. The company shall not sell or transfer more of the shares to be shares of any such defaulter than will be sufficient, as sold than nearly as can be ascertained at the time of such sale, to sufficient to pay the arrears then due from such defaulter on account pay calls, ^f ^ny calls, together with interest, and the expenses mterest, & attending such sale and declaration of forfeiture ; and if expenses. • ° cap, 16.] Companies^ Clauses. 49 the money produced by the sale of any such forfeited Forfeiture shares be more than sufficient to pay all arrears of calls of shares. and interest thereon due at the time of such sale, and the expenses attending the declaration of forfeiture and sale thereof, the surplus shall, on demand, be paid to the defaulter. 35. If payment of such arrears of calls and interest On pay- and expenses be made before any share so forfeited and ment of vested in the company shall have been sold, such share calls before shall revert to the party to whom the same belonged be- sale, shares fore such forfeiture, in such manner as if such calls had ^^ revert, been duly paid. And with respect to the remedies of creditors of the Remedies company against the shareholders, be it enacted as fol- against lows : sharehold- 36. If any execution, either at law or in equity, shall ^^s- have been issued against the property or effects of the - company, and if there cannot be found sufficient whereon Execution to levy such execution, then such execution may be issued "^^^ ^ ^^' against any of the shareholders to the extent of their shares gxtent*of ^ respectively in the capital of the company not then paid gjjares in up : provided always, that no such execution shall issue capital not against any shareholder except upon an order of the court paid up. in which the action, suit, or other proceeding shall have been brought or instituted, made upon motion in open court after sufficient notice in writing to the persons Notice. sought to be charged ; and upon such motion such court may order execution to issue accordingly ; and for the Inspection purpose of ascertaining the names of the shareholders, of register and the amount of capital remaining to be paid upon their of shaie- respective shares, it shall be lawful for any person entitled holders. to any such execution, at all reasonable times, to inspect the " Register of Shareholders" without fee. 37. If by means of any such execution any shareholder Keimburse- shall have paid any sum of money beyond the amount then ment of due from him in respect of calls, he shaH forthwith be shareliold- reimbursed such additional sum by the directors out of ers. the funds of the company. And with respect to the borrowing of money by the Burrowing company on mortgage or bond, be it enacted as fol- of money. lows : 38. If the company be authorized by the special act to Company borrow money on mortgage or bond, it shall be lawful for mayboiTow them, subject to the restrictions contained in the special ^^^h sums act, to borrow on mortgage or bond such sums of money ^^ ^^^'^} ^® as shall, from time to time, by an order of a general meet- ^^ithonzed ing of the company, be authorized to be borrowed, not ^ ^ general exceeding in the whole the sum prescribed by the special ^^^' act, and for securing the repayment of the money so bor- 50 Borrowing of money. If borrowed money be repaid, com- pany may again bor- row. Companies^ Clauses. [8 Vict. E\idence of autliority for borrow- ing. Certificate of justice. Order of general meeting. Mortgages and bonds to be by deed. Form. entitled to proportions of tolls, &c., without preference. Mortgage not to pre- clude re- ceipt of calls. Obligees in rowed, with interest, to mortgage the undertaking, and the future calls on the shareholders, or to give bonds in manner hereinafter mentioned. 39. If, after having borrowed any part of the money so authorized to be borrowed on mortgage or bond, the com- pany pay off the same, it shall be lawful for them again to borrow the amount so paid off, and so from time to time ; but such power of re-borrowing shall not be exer- cised without the authority of a general meeting of the company, unless the money be so re -borrowed in order to pay off any existing mortgage or bond. 40. Where by the special act the company shall be re- stricted from borrowing any money on mortgage or bond until a definite portion of their capital shall be subscribed or paid up, or where by this or the special act the autho- rity of a general meeting is required for such borrowing, the certificate of a justice that such definite portion of the capital has been subscribed or paid up, and a copy of the order of a general meeting of the company authorizing the borrowing of any money, certified by one of the direc- tors or by the secretary to be a true copy, shall be sufficient evidence of the fact of the capital required to be subscribed or paid up having been so subscribed or paid up, and of the order for borrowing money having been made ; and upon production to any justice of the books of the com- pany, and of such other evidence as he shall think sufficient, such justice shall grant the certificate aforesaid. 41. Every mortgage and bond for securing money bor- rowed by the company shall be by deed under the common seal of the company, duly stamped, and wherein the con- sideration shall be truly stated ; and every such mortgage deed or bond may be according to the form in the sche- dule (C.) or (D.) to this act annexed, or to the like effect. 42. The respective mortgagees shall be entitled one with another to their respective proportions of the tolls, sums, and premises comprised in such mortgages, and of the future calls payable by the shareholders, if comprised therein, according to the respective sums in such mort- gages mentioned to be advanced by such mortgagees re- spectively, and to be repaid the sums so advanced, with interest, without any preference one above another by reason of priority of the date of any such mortgage, or of the meeting at which the same was authorized. 43. No such mortgage (although it should comprise future calls *on the shareholders) shall, unless expressly so provided, preclude the company from receiving and apply- ing to the purposes of the company any calls to be made by the company. 44. The respective obligees in such bonds shall, propor- cap, 16.] Companies' Clauses, S% tionally according to the amount of the monies secured bonds en- thereby, be entitled to be paid, out of the tolls or other titled to property or effects of the company, the respective sums PJ^Pj!^^^'?^ in such bonds mentioned, and thereby intended to be ^.J^|J^'^ ' secured, without any preference one above another by ^j,g£gj.gjj^jg reason of priority of date of any such bond, or of the ^ meeting at vi^hich the same was authorized, or otherwise howsoever. 45. A register of mortgages and bonds shall be kept by Register of the secretary, and within fourteen days after the date of mortgages any such mortgage or bond an entry or memorial, speci- and bonds fying the number and date of such mortgage or bond, and to be kept, the sums secured thereby, and the names of the parties thereto, with their proper additions, shall be made in such register ; and such register may be perused at all reason- Inspection. able times by any of the shareholders, or by any mortgagee or bond creditor of the company, or by any person interested in any such mortgage or bond, without fee or reward. 46. Any party entitled to any such mortgage or bond Transfers may from time to time transfer his right and interest of mort- therein to any other person ; and every such transfer gages and shall be by deed duly stamped, wherein the consideration bonds to be shall be truly stated ; and every such transfer may be "^ ^^^^• according to the form in the schedule (E.) to this act Form, annexed, or to the like effect. 47. Within thirty days after the date of every such Transfers of transfer, if executed within the united kingdom, or other- mortgages wise within thirty days after the arrival thereof in the and bonds united kingdom, it shall be produced to the secretary, and to be regis- thereupon the secretary shall cause an entry or memorial tered. thereof to be made in the same manner as in the case of the original mortgage ; and after such entry every such transfer shall entitle the transferee to the full benefit of the original mortgage or bond in all respects ; and no party, having made such transfer, shall have power to make void, release, or discharge the mortgage or bond so transferred, or any money thereby secured ; and for such entry the company may demand a sum not exceeding the prescribed sum, or, where no sum shall be prescribe.d, the sum of two Fee. shillings and sixpence ; and until such entry the company shall not be in any manner responsible to the transferee in respect of such mortgage. 48. The interest of the money borrowed upon any such Payment of mortgage or bond shall be paid at the periods appointed interest on in such mortgage or bond, and if no period be appointed, monies bor half-yearly, to the several parties entitled thereto, and in ^'^^^<^- preference to any dividends payable to the shareholders of the company. d2 52 Companies' Clauses, [8 Vict Transfers 49. The interest on any such mortgage or bond shall of interest, not be transferable, except by deed duly stamped. Money bor- 50. The company may, if they think proper, fix a period rowed to be for the repayment of the principal money so borrowed repaid at with the interest thereof, and in such case the company time fixed, shall cause such period to be inserted in the mortgage deed or bond ; and upon the expiration of such period the principal sum, together with the arrears of interest there- on, shall, on demand, be paid to the party entitled to such Place of mortgage or bond ; and if no other place of payment be payment, inserted in such mortgage deed or bond, such principal and interest shall be payable at the principal office or place of business of the company. If no time 51. If no time be fixed in the mortgage deed or bond fixed,money for the repayment of the money so borrowed, the party borrowed to entitled to the mortgage or bond may, at the expiration be repaid or at any time after the expiration of twelve months from at SIX ^ ^jjg ^^^Q q£ g^^l^ mortgage or bond, demand payment of ^^^ ^^ the principal money thereby secured, with all arrears of interest, upon giving six months' previous notice for that purpose ; and in the like case the company may at any time pay off the money borrowed, on giving the like Notice to notice ; and every such notice shall be in writing or company, print, or both, and if given by a mortgagee or bond creditor shall be delivered to the secretary or left at the principal Notice by office of the company, and if given by the company shall company, be given either personally to such mortgagee or bond creditor or left at his residence, or if such ^mortgagee or bond creditor be unknown to the directors, or cannot be found after diligent enquiry, such notice shall be given by advertisement in the London or Dublin Gazette, according as the principal office of the company shall be in England or Ireland, and in some newspaper as after mentioned. Interest to 52. If the company shall have given notice of their cease on intention to pay off any such mortgage or bond at a time expiration when the same may lawfully be paid off by them, then at of notice to ^jj^ expiration of such notice all further interest shall cease ^^^ ^ to be payable on such mortgage or bond, unless, on demand bond^^^^ ^^ ^^ payment made pursuant to such notice, or at any time thereafter, the company shall fail to pay the principal and interest due at the expiration of such notice on such mort- gage or bond. Airears of 53. Where by the special act the mortgagees of the interest, company shall be empowered to enforce the payment of when to be the arrears of interest, or the arrears of principal and enforced by interest, due on such mortgages, by the appointment of a appoint- receiver, then, if within thirty days after the interest ment of a accruing upon any such mortgage has become payable, recei\eF. ^^^^ after demand thereof in writing, the same be not paid, cap. 16.] Companies' Clauses, 53 the mortgagee may, without prejudice to his right to sue Borrowing for the interest so in arrear in any of the superior courts of money, of law or equity, require the appointment of a receiver, by an application to be made as hereinafter provided ; and if within six months after the principal money owing upon Arrears of any such mortgage has become payable, and after demand principal . thereof in writing, the same be not paid, the mortgagee and inte- without prejudice to his right to sue for such principal ^^s^- money, together with all arrears of interest, in any of the superior courts of law or equity, may, if his debt amount to the prescribed sum alone, or if his debt does not amount to the prescribed sum, he may, in conjunction with other mortgagees whose debts, being so in arrear, joint mort after demand as aforesaid, shall, together with his, amount gages. to the prescribed sum, require the appointment of a receiver, by an application to be made as hereinafter pro- vided. 54. Every application for a receiver in the cases afore- Receiver to said shall be made to two justices, and on any such appli- be appoint- cation it shall be lawful for such justices, by order in wri- ed by two ting, after hearing the parties, to appoint some person to justices, receive the whole or a competent part of the tolls or sums liable to the payment of such interest, or such principal and interest, as the case may be, until such interest, or until such principal and interest, as the case may be, together with all costs, including the charges of receiving the tolls or sums aforesaid, be fully paid ; and upon such Tolls &c. appointment being made, all such tolls and sums of money to be paid as aforesaid shall be paid to and received by the person so ^^ receiver, to be appointed ; and the money so to be received shall be so much money received by or to the use of the party to whom such interest, or such principal and interest, as the case may be, shall be then due, and on whose behalf such When receiver shall have been appointed ; and after such interest power of and costs, or such principal, interest, and costs, have been receiver so received, the power of such receiver shall cease. ^^ cease. 56, At all seasonable times the books of account of the Access to company shall be open to the inspection of the respective books by mortgagees and bond creditors thereof, with liberty to take nioi'tga- extracts therefrom without fee or reward. ^^®^* And with respect to the conversion of the borrowed Conversion money into capital, be it enacted as follows : — of borrow- 56. It shall be lawful for the company, if they think f^ '^^^^V fit, unless it be otherwise provided by the special act, to ^'^^^ ^^*^* raise the additional sum so authorized to be borrowed, or ^ any part thereof, by creating new shares of the company, g nutho- instead of borrowing the same, or, having borrowed the nzedto be same, to continue at interest only a part of such additional borrowed sum, and to raise part thereof by creating new shares ; may be 54 ' Companies' Clauses. [8 Vict raised by but no such augmentation of capital as aforesaid shall creating take place without the previous authority of a general new shares, meeting of the company. New shares 57. The capital so to be raised by the creation of new to be sub- shares shall be considered as part of the general capital, ject to same and shall be subject to the same provisions in all respects, provisions whether with reference to the payment of calls, or the as original forfeiture of shares on nonpayment of calls, or otherwise shares. ^g •£ -^ j^g^^j h^Qn part of the original capital, except as to the times of making calls for such additional capital, and the amount of such calls, which respectively it shall be lawful for the company from time to time to fix as they shall think fit. If old shares 58. If at the time of any sue h augmentation of capital at premium, taking place by the creation of new shares the then exist- new shares ing shares be at a premium, or of greater actual value than to be offered the nominal value thereof, then, unless it be otherwise to the share- provided by the special act, the sum so to be raised shall holders. y^^ divided into shares of such amount as will conveniently allow the same to be apportioned among the then share- holders in proportion to the existing shares held by them respectively ; and such new shares shall be oifered to the then shareholders in the proportion aforesaid ; and such offer shall be made by letter under the hand of the secre- tary given to or sent by post, addressed to each shareholder according to his address in the shareholders' address-book, or left at his usual or last place of abode. Shares to 59. The said new shares shall vest in and belong to the vest in the shareholders who shall accept the same, and pay the value parties ac- thereof to the company at the time and by the instalments cepting ; which shall be fixed by the company ; and if any share- otherwise holder fail for one month after such offer of new shares to to be dis- accept the same, and pay the instalments called for in ^h^ d're respect thereof, it shall be lawful for the company to dis- e^ irec- ^^^^ ^^ ^^^1^ shares in such manner as they shall deem most for the advantage of the company. If not at a 60. If at the time of such augmentation of capital taking premium, to place the existing shares be not at a premium, then be issued as such new shares may be of such amount, and may be company issued in such manner, and on such terras, as the company think fit. shall think fit. Consolida- And with respect to the consolidation of the shares into Hon of stock, be it enacted as follows : shares. 61. It shall be lawful for the company from time to time, with the consent of three-fifths of the votes of the Company shareholders present in person, or by proxy, at any general ^d\ ^^^^^" meeting of the company, when due notice for that purpose shares into ^^^^^ h^ve been given, to convert or consolidate all or any stock. P^^*' ^^ ^^® shares then existing in the capital of the cap. 16.] Companies* Clauses. 55 company, and in respect whereof the whole money sub- Consolida- scribed shall have been paid up, into a general capital iion of stock, to be divided amongst the shareholders according shares. to their respective interests therein. 62. After such conversion or consolidation shall have After con- taken place, all the provisions contained in this or the solidation, special act which require or imply that the capital of Provisions the company shall be divided into shares of any fixed I'^qmnng amount, and distinguished by numbers, shall, as to so ^^^j*-^.1^j much of the capital as shall have been so converted or .^^^ shares consolidated into stock, cease and be of no effect, and the ^^ cease, several holders of such stock may thenceforth transfer ^ ^ „ * ^ their respective interests therein, or any parts of such in- ^^^^^ terests, in the same manner and subject to the same regu- lations and provisions as or according to which any shares in the capital of the company might be transferred under the provisions of this or the special act ; and the company shall cause an entry to be made in some book to be kept Registry of for that purpose, of every such transfer ; and for every transfer. such entry they may demand any sum not exceeding the prescribed amount, or if no amount be prescribed, a sum Fee. Dot exceeding two shillings and sixpence. 63. The company shall from time to time cause the Register of names of the several parties who may be interested in any holders of such stock as aforesaid, with the amount of the interest consoli- therein possessed by them respectively, to be entered in a ^^^f^ stock, book to be kept for the purpose, and to be called "The ^^ ^® ^^P*' Register of Holders of Consolidated Stock ;" and such inspection, book shall be accessible at all seasonable times to the se- veral holders of shares or stock in the undertaking. 64. The several holders of such stock shall be entitled to Proprietors participate in the dividends and profits of the companjr, of stock en- according to the amount of their respective interests m tilled to di- such stock, and such interests shall, in proportion to the '^idends, amount thereof, confer on the holders thereof respectively the same privileges and advantages, for the purpose of^iidsame voting at meetings of the company, qualification for the privileges office of directors, and for other purposes, as would have ^ conferred been conferred by shares of equal amount in the capital of ^ s^^^^^s the company, but so that none of such privileges or ad- ^^^^^ vantages, except the participation in the dividends and pro- fits of the company shall be conferred by any aliquot part of such amount of consolidated stock as would not, if ex- isting in shares, have conferred such privileges or advan- tages respectively. ^5. And be it enacted. That all the money raised by Applica- the company, whether by subscriptions of the share- Hon of holders, or by loan or otherwise, shall be applied, firstly, <^o,pitaL in paying the costs and expenses incurred in obtaining 56 Companies^ Clauses, [8 Vict. the special act, and all expenses incident thereto, and, se- condly, in carrying the purposes of the company into execution. General -A.nd with respect to the general meetings of the com- meetings, pany, and the exercise of the right of voting by the share- holders, be it enacted as follows : Ordinary 66. The first general meeting of the shareholders of the meetings to company shall be held within the prescribed time, or if no be held half- time be prescribed, within one month after the passing of yearly. the special act, and the future general meetings shall be held at the prescribed periods, and .if no periods be pre- scribed, in the months of February and August in each year, or at such other stated periods as shall be appointed for that purpose by an order of a general meeting ; and the meetings so appointed to be held as aforesaid shall be Place of called " ordinary meetings ;" and all meetings, whether meeting. ordinary or extraordinary, shall be held in the prescribed place, if any, and if no place be prescribed, then at some place to be appointed by the directors. Business at. 67. No matters, except such as are appointed by this ordinary or the special act to be done at an ordinary meeting, shall meetings, be transacted at any such meeting, unless special notice of such matters have been given in the advertisement con- vening such meeting. Extraordi- 68. Every general meeting of the shareholders, other nary meet- than an ordinary meeting, shall be called an " extraordi^ ings. nary meeting ;" and such meetings may be convened by the directors at such times as they think fit. Notice of 69. No extraordinary meeting shall enter upon any business at, business not set forth in the notice upon which it shall have been convened. Sharehold- 70. It shall be lawful for the prescribed number of ers may re- shareholders, holding in the aggregate shares to the pre- quire direc- scribed amount, or, where the number of shareholders or tors to call amount of shares shall not be prescribed, it shall be lawful extraordi- £qj. twenty or more shareholders holding in the aggregate nary meet- ^^^ j^gg ^^^^ one-tenth of the capital of the company, by '^^' writing under their hands, at any time to require the di- rectors to call an extraordinary meeting of the company ; Requisition and such requisition shall fully express the object of the to state ob- meeting required to be called, and shall be left at the ject of office of the company, or given to at least three directors, meeting. or left at their last or usual places of abode ; and forthwith upon the receipt of such requisition, the directors shall con- On failure ^ene a meeting of the shareholders ; and if for twenty-one ofdirectors, days after such notice the directors fail to call such meet- sharehold- ing, the prescribed number, or such other number as ers may call aforesaid, of shareholders, qualified as aforesaid, may call meeting. such meeting, by giving fourteen days' public notice thereof. cap. 16.] Companies' Clauses, 57 71. Fourteen days' public notice at the least of all General meetings, whether ordinary or extraordinary, shall be Meetings, given by advertisement, which shall specify the place, the day, and the hour of meeting ; and every notice of an Notice of extraordinary meeting, or of an ordinary meeting, if any meetings to other business than the business hereby or by the special ^® ^^'f ^ ^y act appointed for ordinary meetings is to be done thereat, ^^vertise- shall specify the purpose for which the meeting is called. "^^^ * 72. In order to constitute a meeting (whether ordinary Quorum for or extraordinary) there shall be present, either personally a general or by proxy, the prescribed quorum, and if no quorum be meeting, prescribed, then shareholders holding in the aggregate not less than one-twentieth of the capital of the company, and being in number not less than one for every five hundred pounds of such required proportion of capital, unless such number would be more than twenty, in which case twenty shareholders holding not less than one-twentieth of the capital of the company, shall be the quorum ; and if within if quorum one hour from the time appointed for such meeting the not present, said quorum be not present no business shall be transacted meeting to at the meeting, other than the declaring of a dividend, in be adjourn- case that shall be one of the objects of the meeting, but ed. such meeting shall, except in the case of a meeting for the election of directors, hereinafter mentioned, be held to be adjourned " sine die." 73. At every meeting of the company one or other of Chairman the following persons shall preside as chairman ; that is to at general say, the chairman of the directors, or in his absence the meetings. deputy chairman (if any), or in the absence of the chair- man and deputy chairman some one of the directors of the company to be chosen for that purpose by the meeting, or in the absence of the chairman and deputy chairman and of all the directors, any shareholder to be chosen for that purpose by a majority of the shareholders present at such meeting. 74. The shareholders present at any such meeting shall Business at proceed in the execution of the powers of the company meetings with respect to the matters for which such meeting shall and ad- have been convened, and those only; and every suchjournments meeting may be adjourned from time to time, and from place to place ; and no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which such adjournment took place. 75. At all general meetings of the company every Votes of shareholder shall be entitled to vote according to the pre- sliareliold- scribed scale of voting, and where no scale shall be pre- ers. scribed every shareholder shall have one vote for every share up to ten, and he shall have an additional vote for every five shares beyond the first ten shares held by him D 3 58 General meetings. Manner of voting. Compayiies' Clauses, [8 Vict. Regula- tions as to proxies. Votes of joint share- holders. Votes of lu- natics and minors &c. Proof of a particular majority of votes only required in the event of a poll being demanded up to one hundred, and an additional vote for every ten shares held by him beyond the first hundred shares : pro- vided always, that no shareholder shall be entitled to vote at any meeting unless he shall have paid all the calls then due upon the shares held by him. 76. The votes may be given either personally or by proxies, being shareholders, authorized by writing accord- ing to the form in the schedule (F.) to this act annexed, or in a form to the like effect, under the hand of the share- holder nominating such proxy, or if such shareholder be a corporation, then under their common seal ; and every proposition at any such meeting shall be determined by the majority of votes of the parties present, including proxies, the chairman of the meeting being entitled to vote, not only as a principal and proxy, but to have a casting vote if there be an equality of votes. 77. No person shall be entitled to vote as a proxy unless the instrument appointing such proxy have been trans- mitted to the secretary of the company the prescribed period, or, if no period be prescribed, not less than forty- eight hours before the time appointed for holding the meeting at which such proxy is to be used. 78. If several persons be jointly entitled to a share, the person whose name stands first in the register of share- holders as one of the holders of such share shall, for the purpose of voting at any meeting, be deemed the sole proprietor thereof ; and on all occasions the vote of such first-named shareholder, either in person or by proxy, shall be allowed as the vote in respect of such share, without proof of the concurrence of the other holders thereof 79. If any shareholder be a lunatic or idiot, such lunatic or idiot may vote by his committee ; and if any shareholder be a minor he may vote by his guardian or any one of his guardians ; and every such vote may be given either in person or by proxy. 80. Whenever in this or the special act the consent of any particular majority of votes at any meeting of the company is required in order to authorize any proceeding of the company, such particular majority shall only be required to be proved in the event of a poll being demanded at such meeting ; and if such poll be not demanded, then a declaration by the chairman that the resolution autho- rizing such proceeding has been carried, and an entry to that effect in the book of proceedings of the company, shall be sufficient authority for such proceeding, without proof of the number or proportion of votes recorded in favour of or against the same. cap, 16.] Companies' Clauses. o9 And with respect to the appointment and rotation of Appoint- directors, be it enacted as follows : ^^^^ of 81. The number of directors shall be the prescribed directors. number. 82. Where the company shall be authorized by the Company special act to increase or to reduce the number of the direc- in general tors it shall be lawful for the company, from time to time, i^eeting in general meeting, after due notice for that purpose, to ^^ ^^^^ increase or reduce the number of the directors within tne number the prescribed limits, if any, and to determine the order ^ ^^^^ ^^^* of rotation in which such reduced or increased number shall go out of office, and what number shall be a quorum at their meetings. 83. The directors appointed by the special act shall. Directors unless thereby otherwise provided, continue in office until appointed the first ordinary meeting to be held in the year next ^y special after that in which the special act shall have passed ; and ^^^ ^^^ ^^^' at such meeting the shareholders present, personally or by *^^® "^ proxy, may either continue in office the directors appointed ^ ^® • one vear by the special act, or any number of them, or may elect ^ a new body of directors, or directors to supply the places Election of of those not continued in office, the directors appointed by new direct- the special act being eligible as members of such new ors. body, and at the first ordinary meeting to be held every year thereafter the shareholders present, personally or by proxy, shall elect persons to supply the places of the direc- tors then retiring from office, agreeably to the provisions hereinafter contained ; and the several persons elected at any such meeting, being neither removed nor disqualified, nor having resigned, shall continue to be directors until others are elected in their stead, as hereinafter mentioned. 84. If at any meeting at which an election of directors Existing ought to take place the prescribed quorum shall not be directors present within one hour from the time appointed for the continued meeting no election of directors shall be made, but such ^j^ fail^i'e meeting shall stand adjourned till the following day at the f^^^^^^^^ same time and place ; and if at the meeting so adjourned ^^^^ ^^. ^^^' the prescribed quorum be not present within one hour from the time appointed for the meeting, the existing direc- tors shall continue to act and retain their powers until new directors be appointed at the first ordinary meeting of the following year. 85. No person shall be capable of being a director un- Qualifica- less he be a shareholder, nor unless he be possessed of the ^^on of di- prescribed number, if any, of shares ; and no person hold- ^'ectors. ing an office or place of trust or profit under the company, or interested in any contract with the company, shall be ca- pable of being a director ; and no director shall be capable 60 Companies^ Clauses, [8 Vict. Appoint- of accepting any other office or place of trust or profit ment of under the company, or of being interested in any contract directors, y^jth the company, during the time he shall be a director. 7 86. If any of the directors at any time subsequently to v^h ^ ffi ^^^ election accept or continue to hold any other office or % r ^t ^^ P^^ce of trust or profit under the company, or be either shall be- directly or indirectly concerned in any contract with come va- *^^ company, or participate in any manner in the profits cant ^^ ^"y work to be done for the company, or if such director at any time cease to be a holder of the prescribed number of shares in the company, then in any of the cases aforesaid the office of such director , shall become vacant, and thenceforth he shall cease from voting or acting as a director. Sharehold- 87. Provided always, that no person, being a share- er of an in- holder or member of any incorporated joint stock company, corporated shall be disqualified or prevented from acting as a direc- joint stock tor by reason of any contract entered into between such company joint stock company and the company incorporated by the rfi^ ?^^^^* special act ; but no such director, being a shareholder or lined. member of such joint stock company, shall vote on any question as to any contract with such joint stock company. Rotatioji of 88. The directors appointed by the special act, and dii-ectors continued in office as aforesaid, or the directors elected to supply th< places of those retiring as aforesaid, shall, sub- ject to the provision hereinbefore contained for increasing or reducing the number of directors, retire from office at the times and in the proportions following, the individuals to retire being in each instance determined by ballot among the directors, unless they shall otherwise agree ; (that is to say,) At the end of the first year after the first election of directors the prescribed number, and if no number be prescribed one-third of such directors, to be deter- mined by ballot among themselves, unless they shall otherwise agree, shall go out of office : At the end of the second year the prescribed number, and if no number be prescribed one-half of the remain- ing number of such directors, to be determined in like manner, shall go out of office : At the end of the third year the prescribed number, and if no number be prescribed the remainder of such directors, shall go out of office : And in each instance the places of the retiring directors shall be supplied by an equal number of qualified share- holders ; and at the first ordinary meeting in every subse- quent year the prescribed number, and if no number be prescribed one-third of the directors, being those who have been longest in office, shall go out of office, and their places shall be supplied in like manner ; nevertheless every cap, 16.] Companies' Clauses. ^ (>1 director so retiring from office may be re-elected imme- Appoint- diately or at any future time, and after such re-election rnent and shall, with reference to the going out by rotation, be con- 'notation of sidered as a new director : provided always, that if the di rector s. prescribed number of directors be some number not divi- sible by three, and the number of directors to retire be not prescribed, the directors shall in each case determine what number of directors, as nearly one-third as may be, shall go out of office, so that the whole number shall go out of office in three years. 89. If any director die, or resign, or become disquali- Directors fied or incompetent to act as a director, or cease to be a ^^y supply director by any other cause than that of going out of occasional office by rotation as aforesaid, the remaining directors, if yacancies they think proper so to do, may elect in his place some . . other shareholder, duly qualified, to be a director ; and the ^* shareholder so elected to fill up any such vacancy shall continue in office as a director so long only as the person in whose place he shall have been elected would have been entitled to continue if he had remained in office. And with respect to the powers of the directors, and the Powers of powers of the company to be exercised only in general directors, meeting, be it enacted as follows : 90. The directors shall have the management and Powers of superintendence of the affairs of the company, and they the corn- may lawfully exercise all the powers of the company, pany to be except as to such matters as are directed by this or exercised the special act to be transacted by a general meeting of ^y ^^® <^" the company, but all the powers so to be exercised shall sectors, be exercised in accordance with and subject to the pro- Tisions of this and the special act ; and the exercise of all such powers shall be subject also to the control and regu- lation of any general meeting specially convened for the purpose, but not so as to render invalid any act done by the directors prior to any resolution passed by such general meeting. 91. Except as otherwise provided by the special act, the Powers of following powers of the company, (that is to say,) the the corn- choice and removal of the directors, except as hereinbefore pany to be mentioned, and the increasing or reducing of their num- exercised ber where authorized by the special act, the choice of ^^^ ^^ ^ auditors, the determination as to the remuneration of the ^^^^f^ directors, auditors, treasurer, and secretary, the determi- ^ ^ °* nation as to the amount of money to be borrowed on mort- gage, the determination as to the augmentation of capital, and the declaration of dividends, shall be exercised only at a general meeting of the company. And with respect to the proceedings and liabilities of Proceed- the directors, be it enacted as follows : *"^^ ^/ 92. The directors shall hold meetings at such times as directors. 62 Meetings of directors, to be called by the se- cretary. Quorum. Votes. Directors to elect per- manent chairman. Deputy chairman. Companies^ Clauses, [8 Vict Occasional chairman of directors. Committees of directors. Powers of committees. Meetings of committees. Quorum. they shall appoint for the purpose, and they may meet and adjourn as they think proper, from time to time, and from place to place; and at any time any two of the directors may require the secretary to call a meeting of the directors, and in order to constitute a meeting of directors there shall be present at the least the prescribed quorum, and when no quorum shall be prescribed there shall be present at least one-third of the directors ; and all questions at any such meeting shall be determined by the majority of votes of the directors present, and in case of an equal division of votes the chairman shall have a cast- ing vote in addition to his vote as one of the directors. 93. At the first meeting of directors held after the pass- ing of the special act, and at the first meeting of the directors held after each annual appointment of directors, the directors present at such meeting shall choose one of the directors to act as chairman of the directors for the year following such choice, and shall also, if they think fit, choose another director to act as deputy chairman for the same period ; and if the chairman or deputy chairman die or resign, or cease to be a director, or otherwise be- come disqualified to act, the directors present at the meeting next after the occurrence of such vacancy shall choose some other of the directors to fill such vacancy ; and every such chairman or deputy chairman so elected as last aforesaid shall continue in office so long only as the person in whose place he may be so elected would have been entitled to continue if such death, resignation, re- moval, or disqualification had not happened. 94. If at any meeting of the directors neither the chairman nor deputy chairman be present the directors present shall choose some one of their number to be chair- man of such meeting. 95. It shall be lawful for the directors to appoint one or more committees, consisting of such number of directors as they think fit, within the prescribed lijrnits, if any, and they may grant to such committees respectively power on behalf of the company to do any acts relating to the affairs of the company which the directors could lawfully do, and which they shall from time to time think proper to intrust to them. 96. The said committees may meet from time to time, and may adjourn from place to place, as they think proper, for carrying into effect the purposes of their appointment ; and no such committee shall exercise the powers intrusted to them except at a meeting at which there shall be pre- sent the prescribed quorum, or if no quorum be prescribed then a quorum to be fixed for that purpose by the general body of directors ; and at all meetings of the committees cap, 16] Companies'^ Claitses, 63 one of the members present shall be appointed chairman ; Chairman, and all questions at any meeting of the committee shall be determined by a majority of votes of the members present, Votes, and in case of an equal division of votes the chairman shall have a casting vote in addition to his vote as a mem- ber of the committee. 97. The power which may be granted to any such com- Power to mittee to make contracts, as well as the power of the di- make con- rectors to make contracts on behalf of the company, may tracts, lawfully be exercised as follows ; (that is to say,) With respect to any contract which, if made between Contracts private persons, would be by law required to be in in writing writing, and under seal, such committee or the direc- and under tors may make such contract on behalf of the com- s^^- pany in writing, and under the common seal of the company, and in the same manner may vary or dis- charge the same. With respect to any contract which, if made between Contracts private persons, would be by law required to be in in writing writing, and signed by the parties to be charged signed by therewith, then such committee or the directors may two direc- make such contract on behalf of the company in ^^^^• writing, signed by such committee or any two of them, or any two of the directors, and in the same manner may vary or discharge the same : With respect to any contract which, if made between Contracts private persons, would by law be valid although made by parol by parol only, and not reduced into writing, such oiilyj with- committee or the directors may make such contract ^^^ writing, on behalf of the company by parol only, without writing, and in the same manner may vary or dis- charge the same : And all contracts made according to the provisions herein Contractsto contained shall be effectual in law, and shall be binding be binding upon the company and their successors, and all other par- on com- ties thereto, their heirs, executors, or administrators, as P^y ^^^ all the case may be ; and on any default in the execution of °^^^5 any such contract, either by the company or any other P^*^^®^' party thereto, such actions or suits may be brought, either by or against the company, as might be brought had the same contracts been made between private persons only. 98. The directors shall cause notes, minutes, or copies. Proceed- as the case may require, of all appointments made or con- ings to be tracts entered into by the directors, and of the orders and entered in proceedings of all meetings of the company, and of the 'oooks, directors and committees of directors, to be duly entered in books, to be from time to time provided for the purpose, which shall be kept under the superintendence of the 64 to be signed by chair- man and to be evidence. Companies Clauses. [8 Vict. Acts of di- rectors to be valid, notwith- standing defects in their ap- pointment. Directors not to be personally liable. Directors to be indemni- fied for all payments made and liabilities incurred. Auditors, Election of auditors. directors ; and every such entry shall be signed by the chairman of such meeting; and such entry, so signed, shall be received as evidence in all courts, and before all judges, justices, and others, without proof of such respec- tive meetings having been duly convened or held, or of the persons making or entering such orders or proceedings being shareholders or directors or members of committee respectively, or of the signature of the chairman, or of the fact of his having been chairman, all of which last-men- tioned matters shall be presumed, until the contrary be proved. 99. All acts done by any meeting of the directors, or of a committee of directors, or by any person acting as a director, shall, notwithstanding it may be afterwards dis- covered that there was some defect in the appointment of any such directors or persons acting as aforesaid, or that they or any of them were or was disqualified, be as valid as if every such person had been duly appointed and was qualified to be a director. 100. No director, by being party to or executing in his capacity of director any contract or other instrument on behalf of the company, or otherwise lawfully executing any of the powers given to the directors, shall be subject to be sued or prosecuted, either individually or collectively, by any person whomsoever ; and the bodies or goods or lands of the directors shall not be liable to execution of any legal process by reason of any contract or other in- strument so entered into, signed, or executed by them, or by reason of any other lawful act done by them in the execution of any of their powers as directors; and the directors, their heirs, executors, and administrators, shall be indemnified out of the capital of the company for all payments made or liability incurred in respect of any acts done by them, and for all losses, costs, and damages which they may incur in the execution of the powers granted to them ; and the directors for the time being of the company may apply the existing funds and capital of the company for the purposes of such indemnity, and may, if necessary for that purpose, make calls of the capital remaining unpaid, if any. And with respect to the appointment and duties of auditors, be it enacted as follows : 101. Except where by the special act auditors shall be directed to be appointed otherwise than by the company, the company shall, at the first ordinary meeting after the passing of the special act, elect the prescribed number of auditors, and if no number is prescribed two auditors, in like manner as is provided for the election of directors ; and at the first ordinary meeting of the company in each cap, 16.] Companies' Clauses, 65 year thereafter the company shall in like manner elect an Auditors. auditor to supply the place of the auditor then retiring from office, according to the provision hereinafter con- tained ; and every auditor elected as hereinbefore provided, being neither removed nor disqualified, nor having resigned, shall continue to be an auditor until another be elected in his stead. 102. Where no other qualification shall be prescribed Qiialifica- by the special act, every auditor shall have at least one tion of share in the undertaking ; and he shall not hold any office auditors, in the company, nor be in any other manner interested in its concerns, except as a shareholder. 103. One of such auditors (to be determined in the Eotation of first instance by ballot between themselves, unless they auditors, shall otherwise agree, and afterwards by seniority) shall go out of office at the first ordinary meeting in each year ; but the auditor so going out shall be immediately re- eligible, and after any such re-election shall, with respect Eligible for to the going out of office by rotation, be deemed a new re-election, auditor. 104. If any vacancy take place among the auditors in Vacancies the course of the current year, then at any general meet- in oflfice of ing of the company the vacancy may, if the company think auditor, fit, be supplied by election of the shareholders. 105. The provision of this act respecting the failure of Failure of an ordinary meeting at which directors ought to be chosen meeting to shall apply, "mutatis mutandis," to any ordinary meeting at elect audi- which an auditor ought to be appointed. tor. 106. The directors shall deliver to such auditors the Directors half-yearly or other periodical accounts and balance sheet, to deliver fourteen days at the least before the ensuing ordinary balance meeting at which the same are required to be produced to sheet &e. the shareholders as hereinafter provided. to auditors. 107. It shall be the duty of such auditors to receive Auditors to from the directors the half-yearly or other periodical examine ac- accounts and balance sheet required to be presented to the counts, shareholders, and to examine the same. 108. It shall be lawful for the auditors to employ such Auditors accountants and other persons as they may think proper, may employ at the expense of the company, and they shall either make account- a special report on the said accounts, or simply confirm ants, &c. the same ; and such report or confirmation shall be read, Confirma- together with the report of the directors, at the ordinary tion of ac- meeting. counts. And with respect to the accountability of the officers of Account- the company, be it enacted as follows : — ability of 109. Before any person intrusted with the custody or ^ffic^fs. control of monies, whether treasurer, collector, or other ^^ T" officer of the company, shall enter upon his office, the ^^^^"*y» 66 Companies' Clauses, [8 Vict. directors shall take sufficient security from him for the faithful execution of his office. Officers to 110. Every officer employed by the company shall from deliver ac- time to time, when required by the directors, make out counts on ^nd deliver to them, or to any person appointed by them demand, f^j. ^Yi2i.t purpose, a true and perfect account in writing under his hand of all monies received by him on behalf of the company ; and such account shall state how, and to whom, and for what purpose such monies shall have been with vouch- disposed of; and, together with such account, such officer ers and shall deliver the vouchers and receipts for such payments ; receipts, and every such officer shall pay to the directors, or to any and pay person appointed by them to receive the same, all monies balance. which shall appear to be owing from him upon the balance of such accounts. Summarj^ 111. If any such officer fail to render such account, or remedy to produce and deliver up all the vouchers and receipts against offi- relating to the same in his possession or power, or to pay cers failing ^j^g balance thereof when thereunto required, or if for to account, ^\^^qq ^j^yg ^ft^j. being thereunto required he fail to deliver up to the directors, or to any person appointed by them to receive the same, all papers and writings, property, effects, matters, and things, in his possession or power, relating to the execution of this or the special act, or any act incorpo- rated therewith, or belonging to the company, then, on by sum- complaint thereof being made to a justice, such justice shall mons before summon such officer to appear before two or more justices two justi- at a time and place to be set forth in such summons, to ^®^' answer such charge ; and upon the appearance of such officer, or in his absence upon proof that such summons was personally served upon him, or left at his last known place of abode, such justices may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such officer ; and if it appear, either upon confession of such officer or upon evidence, or upon inspection of the account, that any monies of the company are in the hands of such officer, or owing by him to the company, such justices may order such officer to pay the who may same ; and if he fail to pay the amount it shall be lawful order pay- for such justices to grant a warrant to levy the same by ment. distress, or, in default thereof, to commit the offender to gaol, there to remain without bail for a period not exceed- ing three months, unless the same be sooner paid. Officers re- 112. If any such officer refuse to make out such account fusing to in writing, or to produce and deliver to the justices the deliver up several vouchers and receipts relating thereto, or to deliver documents up any books, papers, or writings, property, effects, matters, &c. to be QY things, in his possession or power, belonging to the imprisoned, company, such justices may lawfully commit such offender cap. 16.] Companies^ Clauses, 67 to gaol, there to remain until he shall have delivered up Account- all the vouchers and receipts, if any, in his possession or ability of power, relating to such accounts, and have delivered up all officers, books, papers, v^^ritings, property, eifects, matters, and things, if any, in his possession or power, belonging to the company. 113. Provided always, that if any director or other per- If oflScer son acting on behalf of the company shall make oath that about to ab- he has good reason to believe, upon grounds to be stated in scond, a his deposition, and does believe, that it is the intention of ^^^^^ any such officer as aforesaid to abscond, it shall be lawful ^^ ,®. for the justice before whom the complaint is made, instead ^-^^ ^^^^ .^^ of issuing his summons, to issue his warrant for the bring- stance, ing such officer before such two justices as aforesaid; but no person executing such warrant shall keep such officer in custody longer than twenty-four hours, without bringing him before some justice ; and it shall be lawful for the justice before whom such officer may be brought either to discharge such officer, if he think there is no sufficient ground for his detention, or to order such officer to be detained in custody, so as to be brought before two justices, at a time and place to be named in such order, unless such officer give bail to the satisfaction of such justice for his appearance before such justices to answer the complaint of the company. 114. No such proceeding against or dealing with any Suretiesnot such officer as aforesaid shall deprive the company of any to be dis- remedy which they might otherwise have against such charged, officer, or any surety of such officer. And with respect to the keeping of accounts, and the Accounts. right of inspection thereof by the shareholders, be it enacted as follows : 115. The directors shall cause full and true accounts to Accounts to be kept of all sums of money received or expended on be kept of account of the company by the directors and all persons all money employed by or under them, and of the matters and things received or for which such sums of money shall have been received or expended, disbursed and paid. 116. The books of the company shall be balanced at the Books to be prescribed periods, and if no periods be prescribed, fourteen balanced days at least before each ordinary meeting ; and forthwith and balance on the books being so balanced an exact balance sheet shall sheet made be made up, which shall exhibit a true statement of the "P» capital stock, credits, and property of every description belonging to the company, and the debts due by the com- pany at the date of making such balance sheet, and a distinct \dew of the profit or loss which shall have arisen on the transactions of the company in the course of the preceding half year : and previously to each ordinary Books and balance of share- holders at stated times. Balance 68 Companies' Clauses, [8 Vict. Accounts, meeting such balance sheet shall be examined by the directors, or any three of their number, and shall be signed by the chairman or deputy chairman of the direc- tors. 117. The books so balanced, together with such balance sheet as aforesaid, shall for the prescribed periods, and if sheet to be no periods be prescribed for fourteen days previous to each open for the ordinary meeting, and for one month thereafter, be open mspection f^^ ^j^g inspection of the shareholders at the principal office or place of business of the company ; but the shareholder shall not be entitled at any time, except during the periods aforesaid, to demand the inspection of such books, unless in virtue of a written order signed by three of the di- rectors. 118. The directors shall produce to the shareholders sheet to be assembled at such ordinary meeting the said balance sheet, produced at applicable to the period immediately preceding such meet- meeting, ing, together with the report of the auditors thereon, as hereinbefore provided. Directors to 119. The directors shall appoint a book-keeper to enter appoint the accounts aforesaid in books to be provided for the book-keep- purpose ; and every such book-keeper shall permit any er, who shareholder to inspect such books, and to take copies or shall allow extracts therefrom, at any reasonable time during the pre- mspection scribed periods, and if no periods be prescribed during flf jfn^mv,^*^ one fortnight before and one month after every ordinary meeting ; and if he fail to permit any such shareholder to inspect such books, or take copies or extracts therefrom, during the periods aforesaid, he shall forfeit to such share- holder for every such offence a sum not exceeding ^va pounds. And with respect to the making of dividends, be it enacted as follows : 120. Previously to every ordinary hieeting at which a dividend is intended to be declared- the directors shall pared show- cause a scheme to be prepared, showing the profits, if ing the pro- any, of the company for the period current since the pre- fits of the ceding ordinary meeting at which a dividend was declared, and apportioning the same, or so much thereof as they may consider applicable to the purposes of dividend, among the shareholders, according to the shares held by them respectively, the amount paid thereon, and the periods during which the same may have been paid, and shall exhibit such scheme at such ordinary meeting, and at such meeting a dividend may be declared according to such scheme. 121. The company shall not make any dividend whereby their capital stock will be in any degree reduced : pro- at appoint- ed times. Penalty. Dividends. A scheme to be pre- company. Dividend may be de- clared ac- cording to such scheme. Dividend not to be made 80 as v.ded always, that the word "dividend" shall not be cap, 16.] Companies' Clauses, 69 construed to apply to a return of any portion of the capital to reduce stock, with the consent of all the mortgagees and bond capital, creditors of the company, due notice being given for that purpose at an extraordinary meeting to be convened for that object. 122. Before apportioning the profits to be divided Directors among the shareholders the directors may, if they think may set fit, set aside thereout such sum as they may think proper apait a fiind to meet contingencies, or for enlarging, repairing, or ^^r contin- improving the works connected with the undertaking, or g^^^cies. any part thereof, and may divide the balance only among the shareholders. 123. No dividend shall be paid in respect of any share Dividend until all calls then due in respect of that and every other ^^} to I'e share held by the person to whom such dividend may be P^^<^ unless payable shall have been paid. ^^^^ P^^' And with respect to the making of bye-laws, be it Bye Laws. enacted as follows : 124. It shall be lawful for the company from time to Company time to make such bye-laws as they think fit, for the pur- Daay make pose of regulating the conduct of the officers and servants l^ye-laws of the company, and for providing for the due manage- . regulat- ment of the aftairs of the company in all respects whatso- ^^^^^^ ever, and from time to time to alter or repeal any such ^^". ^^^ bye-laws, and make others, provided such bye- laws be ^^^^ ^^^ not repugnant to the laws of that part of the United servants. Kingdom where the same are to have effect, or to the provisions of this or the special act ; and such bye-laws . shall be reduced into writing, and shall have affixed thereto J^^P^^^ ^^ the common seal of the company ; and a copy of such ^^^.^^i?.^ bye-laws shall be given to every officer and servant of the company affected thereby. 125. It shall be lawful for the company, by such bye- Fines may laws, to impose such reasonable penalties upon all persons, be imposed being officers or servants of the company, offending against for breach such bye-laws, as the company think fit, not exceeding of such five pounds for any one offence. bye-lavrs. 126. All the bye-laws to be made by the company shall Bye-laws to be so framed as to allow the justice before whom any be so framed penalty imposed thereby may be sought to be recovered that penal- to order a part only of such penalty to be paid, if such ties may be justice shall think fit. mitigated. 127. The production of a written or printed copy of Evidence of the bye-laws of the company, having the common seal of bye-laws, the company affixed thereto, shall be sufficient evidence of such bye-laws in all cases of prosecution under the same. And with respect to the settlement of disputes by arbi- Arbitra • tration, be it enacted as follows : Hon, 70 Companies' Clauses. [8 Vict Where ]28. When any dispute authorized or directed hy this questions or the special act, or any act incorporated therewith, to be are to be settled by arbitration, shall have arisen, then, unless both determined parties shall concur in the appointment of a single arbi- tion^axb^ ti^ator, each party, on the request of the other party, shall trators to ^^ writing under his hand nominate and appoint an arbi- be appoint- t^^tor to whom such dispute shall be referred ; and after ed within ^^J such appointment shall have been made neither party fourteen shall have power to revoke the same without the consent days after of the other, nor shall the death of either party operate as notice. such revocation ; and if for the space of fourteen days after any such dispute shall have arisen, and after a re- quest in writing shall have been served by the one party on the other party to appoint an arbitrator, such last- On failure mentioned party fail to appoint such arbitrator, then upon of one party such failure the party making the request, and having the other himself appointed an arbitrator, may appoint such arbi- may appoint ^^^^^^ ^^ ^^^ ^^^ behalf of both parties, and such arbitrator act^^^l^^ ^ ^^^ proceed to hear and determine the matters which half ofbotii ^^^^^ ^^ dispute ; and in such case the award or deter- ' mination of such single arbitrator shall be final. If any arbi- 129. If before the matters so referred shall be deter- trator die or mined any arbitrator appointed by either party die, or be- refuse to come incapable or refuse or for seven days neglect to act act, another ^s arbitrator, the party by whom such arbitrator was ap- may be pointed may nominate and appoint in writing some other nominated, person to act in his place ; and if for the space of seven days after notice in writing from the other party for that On failure, purpose he fail to do so the remaining or other arbitrator the remain- j^^y proceed ex parte ; and every arbitrator so to be sub- mg arbitra- g^ituted as aforesaid shall have the same powers and or may authorities as were vested in the former arbitrator at the time of such his death, refusal, or disability as aforesaid. Arbitrators ^^^* W^^re more than one arbitrator shall have been to appoint appointed such arbitrators shall, before they enter upon umpire. the matters referred to them, nominate and appoint by writing under their hands an umpire to decide on any If umpire such matters on which they shall differ ; and if such um- die or refuse pire shall die, or refuse or for seven days neglect to act, to act, an- they shall forthwith after such death, refusal, or neglect other to be appoint another umpire in his place ; and the decision of appointed, every such umpire on the matters so referred to him shall be final. In the case 131. If in either of the cases aforesaid the said arbitra- of railways, tors shall refuse, or shall, for seven days after request of Board of either party to such arbitration, neglect to appoint an Trade may umpire, it shall be lawful for the Board of Trade, if they appoint an ^\^\^^ g^, in any case in which a railway company shall umpire, on ^^^ ^^^ ^^^^^ ^^ ^^^ arbitration, on the application of either cap. 16.] Companies^ Clauses, 71 party to such arbitration, to appoint an umpire ? and the the arbitra- decision of such umpire on the matters on which the arbi- tors, trators shall differ shall he final. 132. The said arbitrators or their umpire may call for Arbitrators the production of any documents in the possession or may call for power of either party which they or he may think ne- documents cessary for determining the question in dispute, and may and a dmi- examine the parties or their witnesses on oath, and ad- nisteroaths. minister the oaths necessary for that purpose. 133. Except where by this or the special act, or any Costs to be act incorporated therewith, it shall be otherwise provided, in the dis- the costs of and attending every such arbitration to be cretion of determined by the arbitrators shall be in the discretion of ^^^® arbitra- the arbitrators or their umpires, as the case may be. *^^^* 1 34. The submission to any such arbitration may be Submission made a rule of any of the superior courts, on the applica- tp arbitra- tion of either of the parties. ^o^- And with respect to the giving of notices, be it enacted Notices. as follows : 135. Any summons or notice, or any writ, or other Service of proceeding, at law or in equity, requiring to be served notices upon the company, may be served by the same being left "P^^ ^^^' at, or transmitted through the post directed to the princi- P^'^y- pal office of the company, or one of their principal offices, where there shall be more than one, or being given per- sonally to the secretary, or in case there be no secretary then by being given to any one director of the company. 136. Notices requiring to be served by the company Service ot upon the shareholders may, unless expressly required to notices by be served personally, be served by the same being trans- company on mitted through the post directed according to the regis- sharehold- tered address or other known address of the shareholder, ^^^* within such period as to admit of its being delivered in the due course of delivery within the period (if any) prescribed for the giving of such notice ; and in proving such service it shall be sufficient to prove that such notice was properly directed, and that it was so put into the post-office. 137. All notices directed to be given to the sharehold- Notices to ers shall, with respect to any share to which persons are joint pro- jointly entitled, be given to whichever of the said persons pnetors of shall be named first in the register of shareholders ; and shares, notice so given shall be sufficient notice to all the pro- prietors of such share. 138. All notices required by this or the special act, or Notices by any act incorporated therewith, to be given by advertise- advertise- ment, shall be advertised in the prescribed newspaper, or nient. if no newspaper be prescribed, or if the prescribed news- paper cease to be published, in a newspaper circulating in ^2 Companies' Clauses. [8 Vict. Notices, the district within which the company's principal place of M.;-;.. ^trEtStSrsfnotice, or other su^ document the company, and need not be under the common seal of Z com?S and the same may be in writing or xn pnnt, or partly in writing and partly m print. _ P^nf of 140. ind be it enacted, That if any person against "S t( whom the company shall have any J" f e-an^^^ J- bankrvpt- come bankrupt, or take the ^^^f^^^f^^ for the secre- cy, lief of insolvent debtors, it shall be lawful tor the secre '^__ ;^* or treasurer of the company, in all proceedings Secretaryor ^ Jnst the estate of such bankrupt or msolvent, or under treasurer ^f^'^fi^t sequestration, or act of insolvency against may act on ^^^^ bankrupt or insolvent, to represent the company, and behalf of 'JJ^i„ their behalf, in all respects as if such claim or de- "•""P'^^y mand had been the claim or demand of such secretary or trpasurer, and not of the company. Tender of Til And be it enacted. That if any party shall have com- "^wf mitted any irregularity, trespass, - o^^r ^Sf J^ ceedinff in the execution of this or the special act, or oy Aftertender virtue of any power or authority thereby given a„d if of sufficient before action brought in respect therof, such pa^y make amends, lender of sufficient amends to the party injured, such ast- partynotto^^^Xned party shall not recover m any such ac on ; recoverin ^dTno such tender shall have been made it shall be any action, ^nd ^* ^° ^^^ defendant, by leave of the court where such Son shall be pending, at any time before issue joinej to pay into court such sum of ^"'"^y,^',,*^^ S t in fit- and thereupon such proceedmgs shall be had as m Sher cases whTre defendants are allowed to pay money .....o/n;r4th respeg to th^^^^^^^^^^^^ damages specially provided for, and penaiueb, ^penal. follows: ^ny damages, costs, or expenses vided for r^^VKeteriSned by two justices ; and if the amount may be as- t^'*^'^ ^"'^. '^''f u^! " „t paid bV the company or other certained so ascertained be not paid oy . /^'^ after de- by justices, party liable to PY/^\X%Tcovered by distress of the and reco "land, f f. ^™* ^^^.^^therp^^^^ liable as aforesaid ; vered by goods of the ^omF^y- °' °f .^ J ,hall have been ordered t^lf Z\rXlTll^r7lf o. application shall issue company, their or his warrant accordingly. ctip. 16.] Companies' Clmises. TS 143. If sufficient goods of the company cannot be found If goods of whereon to levy any such damages, costs, or expenses, company payable by the company, the same may, if the amount cannot be thereof do not exceed twenty pounds, be recovered by !*^^^?' ^^^^ distress of the goods of the treasurer of the company ; "^ ^^^'^^\ and the justices aforesaid, or either of them, on application, ^^.g^^j-g^ shall issue their or his warrant accordingly ; but no such distress shall issue against the goods of such treasurer unless seven days' previous notice in writing, stating the Notice to amount so due, and demanding payment thereof, have treasurei. been given to such treasurer, or left at his residence ; and if such treasurer pay any money under such distress as aforesaid, he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any Treasurer money belonging to the company coming into his custody may sue the or control, or he may sue the company for the same. company. 144. Where in this or the special act, or any act incor* Proceed- porated therewith, any question of compensation, expenses, ings before charges, or damages is referred to the determination of justices in any one justice, or more, it shall be lawful for any justice, questions of upon the application of either party, to summon the other damages, party to appear before one justice, or before two justices, as the case may require, at a time and place to be named in such summons ; and upon the appearance of such Upon ap- parties, or in the absence of any of them, upon proof of pearance or due service of the summons, it shall be lawful for such one P^^^* o* justice, or such two justices, as the case may be, to hear ?^^^?^®' and determine such question, and for that purpose to ^^^^ ^^^g^^^j._ examine such parties or any of them, and their witnesses, ^:^^^ on oath ; and the costs of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof. 145. The company shall publish the short particulars of Company the several offences for which any penalty is imposed by to publish this or the special act, or any act incorporated therewith, ^^^^^ P^^^^" or by any bye-law of the company affecting other persons ^^1^^ ^f than the shareholders, officers, or servants of the company, ^^^,^J^^^ *<^^ and of the amount of every such penalty, and shall cause ^Ijlgij. -J such particulars to be painted on a board, or printed upon imposed paper and pasted thereon, and shall cause such board to ^^^ ^ffiy be hung up or affixed on some conspicuous part of the in conspi^ principal place of business of the company, and where any cuous such pena'lties are of local application shall cause such places, boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable or have reference ; and such particulars shall be and renew renewed as often as the same or any part thereof is obli- when obli- terated or destroyed; and no such penalty shall be re- terated. 74 Penalty for defacing boards used for such publication. Penalties may be re covered be- fore two justices, by sum- mons. Upon ap- pearance or proof of service, justices may con- vict. Companies' Clauses, [8 Vict. Penalties may be levied by distress. Justice may de- tain oifend ers until return be made to waiTant of distress. coverable unless it shall have been published and kept published in the manner hereinbefore required. 146. If any person pull down or injure any board put up or affixed as required by this or the special act, or any act incorporated therewith, for the purpose of publishing any bye-law or penalty, or shall obliterate any of the let- ters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board. 147. Every penalty or forfeiture imposed by this or the special act, or any act incorporated therewith, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before two justices ; and on com- plaint being made to any justice, he shall issue a summons, requiring the party complained against to appear before two justices at a time and place to be named in such sum- mons ; and every such summons shall be served on the party offending, either in person or by leaving the same with some inmate at his usual place of abode ; and upon the appearance of the party complained against, or in his absence, after proof of the due service of such summons, it shall be lav^^ul for two justices to proceed to the hearing of the complaint, and that although no information in writing or in print shall have been exhibited before them, and upon proof of the offence, either by the confession of the party complained against or upon the oath of one credi- ble witness or more, it shall be lawful for such justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such costs attending the conviction as such justices shall think fit. 148. If forthwith upon any such adjudication as afore- said, the amount of the penalty or forfeiture, and of such costs as aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress ; and such justices, or either of them, shall issue their or his warrant of distress accordingly. 149. It shall be lawful for any such justice to order any offender so convicted as aforesaid to be detained and kept in safe custody until return can be conveniently made to the warrant of distress to be issued for levying such pe- nalty or forfeiture, and costs, unless the offender give sufficient security, by way of recognizance or otherwise, to the satisfaction of the justice, for his appearance before him on the day appointed for such return, such day not being more than eight days from the time of taking such security ; but if before issuing such warrant of distress it shall appear to the justice, by the admission of the offender cap, 16.] Companies' Clauses. 75 or otherwise, that no sufficient distress can be had within If no suffi- the jurisdiction of such justice whereon to levy such cient dis- penalty or forfeiture, and costs, he may, if he thinks fit, tress can be refrain from issuing such warrant of distress ; and in such ^^^' offend- case, or if such warrant shall have been issued, and upon ?^^ ^^^ "^ the return thereof such insufficiency as aforesaid shall be ^"^P^^^^^^d. made to appear to the justice, then such justice shall, by warrant, cause such oftender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture, and costs, be sooner paid and satisfied. 150. Where in this or the special act, or any act incor- Distress to porated therewith, any sum of money, whether in the be levied by nature of penalty or otherwise, is directed to be levied by sale of distress, such sum of money shall be levied by distress goods and and sale of the goods and chattels of the party liable to chattels of pay the same ; and the overplus arising from the sale of offender, such goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be Overplus to returned, on demand, to the party whose goods shall have be repaid, been distrained. 151. No distress levied by virtue of this or the special Distress no act, or any act incorporated therewith, shall be deemed to be deem- unlawful, nor shall any party making the same be deemed ^^ unlavmil a trespasser, on account of any defect or want of form in ^^^ ^^^^ ^^ the summons, conviction, warrant of distress, or other ^°^^* proceeding relating thereto, nor shall such party be deemed a trespasser " ab initio" on account of any irregularity af- terwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case. 152. The justices by whom any such penalty or for- Justices feiture shall be imposed may, where the application thereof may a\?ard is not otherwise provided for, award not more than one- penalties, half thereof to the informer, and shall award the remainder One half to to the overseers of the poor of the parish in which the the inform- offence shall have been committed, for the benefit of the er and re- poor of such parish ; or if the place wherein the offence mainder to shall have been committed shall be extra-parochial, then overseers of such justices shall direct such remainder to be applied for ^^® ^^^^' the benefit of the poor of such extra-parochial place, or of any adjoining parish or district, and shall order the same to be paid over to the proper officer for that purpose. 153. No person shall be liable to the payment of any Penalties to penalty or forfeiture imposed by virtue of this or the spe- be sued for cial act, or any act incorporated therewith, for any offence within six made cognizable before a justice, unless the complaint months, respecting such offence shall have been made before such justice within six months next after the commission of such offence. e 2 76 Damage to property of company to be made good in ad- dition to penalty. Companies Clauses, [8 Vict Justice may summon witnesses. Witnesses making de- fault, to for- feit not ex ceeding 5/. Officers of company may detain offenders whose names and residence shall be un^ known. Form of conviction. Proceed- ings not to be vacated. Appeal, Parties 154. If, through any act, neglect, or default on account whereof any person shall have incurred any penalty im- posed by this or the special act, or any act incorporated therewith, any damage to the property of the company shall have been committed by such person, he shall be liable to make good such damage, as well as to pay such penalty ; and the amount of such damages shall, in case of dispute, be determined by the justices by whom the party incurring such penalty shall have been convicted ; and on nonpayment of such damages, on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their or his warrant accordingly. 155. It shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction, under the pro- visions of this or the special act, or any act incorporated therewith, at a time and place mentioned in such sum- mons, and to administer to him an oath to testify the truth in such matter ; and if any person so summoned shall, without reasonable excuse, refuse or neglect to ap- pear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined upon oath or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence. 156. It shall be lawful for any officer or agent of the company, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against the provisions of this or the special act, or any act incorporated therewith, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before some justice, without any warrant or other authority than this or the special act ; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender. 157. The justices before whom any person shall be con- victed of any offence against this or the special act, or any act incorporated therewith, may cause the conviction to be drawn up according to the form in the schedule (G.) to this act annexed. 158. No proceeding in pursuance of this or the special act, or any act incorporated therewith, shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior courts. 159. If any party shall feel aggrieved by any determi- nation or adjudication of any justice with respect to any ag- penalty or forfeiture under the provisions of this or the cap. 16.] Companies' Clauses, T7 special act, or any act incorporated therewith, such party grieved may may appeal to the general quarter sessions for the county appeal to or place in which the cause of appeal shall have arisen ; quaiter but no such appeal shall be entertained unless it be made sessions, within four months next after the making of such deter- mination or adjudication, nor unless ten days' notice in Notice, writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient Security, sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon. 160. At the quarter sessions for which such notice shall Court to be given the court shall proceed to hear and determine the bear the appeal in a summary way, or they may, if they think fit, appeal and adjourn it to the following sessions ; and upon the hearing 'Jiake such of such appeal the court may, if they think fit, mitigate ^rder as any penalty or forfeiture, or they may confirm or quash ^^ l^, the adjudication, and order any money paid by the appel- lant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable ; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. And with respect to the provision to be made for afford- Access to ing access to the special act by all parties interested, be it special enacted as follows : «^^' 161- The company shall, at all times after the expiration ~ of six months after the passing of the special act, keep in ^^P^.^^ ^^ their principal office of business a copy of the special act, ^^^^ . ^ printed by the printers to her Majesty, or some of them ; ^^ principal and where the undertaking shall be a railway, canal, or office other like undertaking, the works of which shall not be confined to one town or place, shall also, within the space of such six months, deposit in the office of each of the and depo- clerks of the peace of the several counties into which the sited with works shall extend, and in the office of the town clerk of clerks of every burgh or city into which or within one mile of which the peace the works shall extend, a copy of such special act so printed *^^ town as aforesaid ; and the said clerks of the peace and town ^l^^l^^- clerks shall receive, and they and the company respectively shall retain, the said copies of the special act, and shall permit all persons interested to inspect the same, and make Inspection, extracts or copies therefrom, in the like manner and upon the like terms and under the like penalty for default, as is provided in the case of certain plans and sections, by an act passed in the first year of the reign of her present 7W.4& majesty, intituled "An Act to compel Clerks of the Peace lVict.c.83. rs Companies Clauses. [8 VicL for Counties and other Persons to take the Custody of such Documents as shall he directed to be deposited with them under the Standing Orders of either House of Parliament." 162. If the company shall fail to keep or deposit as hereinbefore mentioned any of the said copies of the special act, they shall forfeit twenty pounds for every such offence, and also five pounds for every day afterwards during which such copy shall be not so kept or deposited. 163. And be it enacted, That this act shall not extend to Scotland. 164. Provided always, and be it enacted. That if any shareholder residing in Scotland shall fail to pay the amount of any call made upon him by the company in respect of any share held by him, it shall be lawful for the company to proceed against him in Scotland, and to sue for and recover the amount of such call, or to declare such share forfeited, in such manner as is by " The Companies' Clauses Consolidation (Scotland) Act, 1845," in case the same shall pass into a law, provided in regard to share- holders of any company in Scotland. Act may be 165. And be it enacted. That this act may be amended ameuded or or repealed by any act to be passed in this session of repealed. parliament. Penalty on company failing to keep copies. Scotland. Sharehold- ers residing in Scotland may be pro- ceeded against as provided by 8Vict.c.l7. A. Form of certificate of shai-e. SCHEDULES referred to by the foregoing Act. A. — Form of Certificate of Share. "The Company." Number .... This is to certify, that A.B. of .... is the pro- prietor of the share Number . . . of " The . . . Company," subject to the regulations of the said company. Given under the common seal of the said company, the . . . , day of in the year of our Lord .... B, Form of transfer of shares or stock. B. — Form of Transfer of Shares or Stock. I . , . . of .... in consideration of the sum of . . . paid to me by .... of .. . do hereby transfer to the said .... share [or shares], numbered .... in the undertaking called " The .... Company" [or ... . pounds consolidated stock in the undertaking called "The . . . Company,'' standing (or part of the stock standing) in my name in the books of the company], to hold unto the said cap, 16,'] Companies^ Clauses, 79 . . . . his executors, administrators, and assigns [or Schedules. successors and assigns], subject to the several conditions -^ on which I held the same at the time of the execution hereof; and I the said .... do hereby agree to take the said share [or shares] [or stock], subject to the same conditions. As witness our hands and seals, the . . . . day of ... . C. — Form of Mortgage Deed. C. "The Company.'' ^,^^7 ^^ Mortgage, Number ....£.... deed!°^^^ By virtue of [here name the special act], we " The ... Company," in consideration of the sum of ... . pounds paid to us by A.B. of .... do assign unto the said A.B., his executors, administrators, and assigns, the said undertaking, [and (in case such loan shall be in anticipation of the capital authorized to be raised) all future calls on shareholders], and all the tolls and sums of money arising by virtue of the said act, and all the estate, right, title, and interest of the company in the same ; to hold unto the said A.B., his executors, administrators, and assigns, until the said sum of ... . pounds, toge- ther with interest for the same at the rate of ... . for every one hundred pounds by the year, be satisfied [the principal sum to be repaid at the end of ... . years from the date hereof (in case any period be agreed upon for that purpose),] [at .... or any place of payment other than the principal office of the company]. Given under our common seal, this .... day of . . . . in the year of our Lord .... D. — Form of Bond. D. Form of "The Company." ^ , Bond, N"umber ....£:... ^^''^ By virtue of [here name the special act], we, " The . . . Company," in consideration of the sum of ... . pounds to us in hand paid by A. B. of . . . . do bind ourselves and our successors unto the said A.B., his executors, administrators, and assigns, in the penal sum of ^ . . . pounds. The condition of the above obligation is such, that if the said company shall pay to the said A.B., his executors, administrators, or assigns, [at ... . (in case any other place of payment than the principal office of the company be intended),] on the . . . day of . . . which will be in the year one thousand eight hundred and so Companies^ Clauses, [8 Vict, Schedules the principal sum of ... . pounds, together with interest for the same at the rate of . . . pounds per centum per annum, payable half-yearly on the . . . . day of ... . and .... day of . . . . then the above-written obligation is to become void, otherwise to remain in full force. Given under our common seal, this .... day of ... . one thousand eight hundred and .... B. E. — Form of Transfer of Mortgage or Bond. Form of j^ ^ -g^ ^^ ^ ^ ^ -^^ consideration of the sum of Cr"r- • • • paid to me by G.H. of .... do hereby bondr ^ transfer to the said G.H., his executors, administrators, and assigns, a certain bond [or mortgage] number . . . made by " The . . . • . Company" to ... . bearing date the . . . . day of . . . .for securing the sum of ... . and .... interest [or, if such transfer be by endorsement, the within secu- rity], and all my right, estate, and interest in and to the money thereby secured [and if the transfer be of a mort- gage, and in and to the tolls, money, and property thereby assigned]. In witness whereof I have hereunto set my hand and seal, this . . . , day of ... . one thousand eight hundred and .... F. F. — Form of Proxy, ^roT °^ ^'^ one of the proprietors of *' The proxy. .... Company," doth hereby appoint CD. of to be the proxy of the said A. B., in his absence to vote in his name upon any matter relating to the undertaking proposed at the meeting of the proprietors of the said company to be held on the .... day of ... . next, in such manner as he the said CD. doth think proper. In witness whereof the said A.B. hath hereunto set his hand [or, if a corporation, say the common seal of the corporation], the .... day of .... one thousand eight hundred and .... G. G. — Form of Conviction, Form of a -i. to wit. conviction. Be it remembered. That on the • . . day of . . . in the year of our Lord . . . . A. B. is convicted before us C, D., two of her Majesty's justices of the peace for the county of . . . . [here describe the offence generally, and the time and place when and where com- cap. 16.] Companies' Clauses, SI mitted], contrary to the [here name the special act]. Schedules. Given under our hands and seals, the day and year first above written. C D 8 Vict. cap. 18. An Act for consolidating in One Act certain pro^ visions usually inserted in Acts authorizing the taking of lartds for Undertakings of a Public Nature. [8th May, 1845.] Whereas it is expedient to comprise in one general act PreambJe. sundry provisions usually introduced into acts of Parlia- ment relative to the acquisition of lands required for under- takings or worts of a public nature, and to the compen- sation to be made for the same, and that as well for the purpose of avoiding the necessity of repeating such provi- sions in each of the several acts relating to such under- takings as for ensuring greater uniformity in the provisions themselves, 1. May it therefore please your Majesty that it may be Act to ap- enacted ; and be it enacted by the Queen s most excellent ply to all Majesty, by and with the advice and consent of the Lords imdertak- spiritual and 'temporal, and Commons, in this present ^^^^ autho- Parliament assembled, and by the authority of the same, "zed by That this act shall apply to every undertaking authorized ^ ^ ^^^' by any act which shall hereafter be passed, and which pjjjg^i^ ^ shall authorize the purchase or taking of lands for such undertaking, and this act shall be incorporated with such act ; and all the clauses and provisions of this act, save so far as they shall be expressly varied or excepted by any such act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking-, and shall, as well as the clauses and provisions of every other act which shall be incorporated with such act, form part of such act, and be construed, together therewith, as forming one act. And with respect to the construction of this act and of Interpreta- acts to be incorporated therewith, be it enacted as follows : t^ons in 2. The expression *' the special act," used in this act, ^^^^ «^^' shall be construed to mean any act which shall be here- ^^ — ~ after passed which shall authorize the taking of lands for " ^P^^^^^ the undertaking to which the same relates, and with which ^^^* this act shall be so incorporated as aforesaid ; and the E 3 82 " prescrib- ed." "the works." " promoters of the un- dertaking." Interpreta- tions in this and the special act. Number. Gender. " Lands." " Lease." " Month." " Superior courts." '' Oath." " County." "The sheriff." " The clerk of the peace." Lands^ Clauses. [8 Vict. word " prescribed," used in this act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special act, and the sentence in which such word shall occur shall be construed as if, instead of the w^ord " pre- scribed," the expression " prescribed for that purpose in the special act" had been used ; and the expression " the works" or " the undertaking" shall mean the works or undertaking, of whatever nature, which shall by the special act be authorized to be executed ; and the expres- sion " the promoters of the undertaking" shall mean the parties, whether company, undertakers, commissioners, trustees, corporations, or private persons, by the special act empowered to execute such works or undertaking. 3. The following words and expressions, both in this and the special act, shall have the several meanings hereby assigned to them, unless there be something either in the subject or context repugnant to such construction ; (that is to say,) Words importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number : Words importing the masculine gender only shall in- clude females : The word " lands" shall extend to messuages, lands, tenements, and hereditaments of any tenure : The word " lease" shall include an agreement for a lease . The word " month" shall mean calendar month.: The expression ^' superior courts" shall mean her Majesty s superior courts of record at Westminster or Dublin, as the case may require: The word "oath' shall include affirmation in the case of quakers, or other declaration lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath : The word " county" shall include any riding or other like division of a county, and shall also include county of a city or county of a towm : The word " sheriff" shall include under sheriff, or other legally competent deputy ; and where any matter in relation to any lands is required to be done by any sheriff, or by any clerk of the peace, the expression " the sheriff," or the expression " the clerk of the peace," shall in such case be construed to mean the sheriff or the clerk of the peace of the county, city, borough, liberty, cinque port, or place where such lands shall be situate ; and if the lands in question, being the property of one and the same party, be cap, 18.] Lands' Clauses, 83 situate not wholly in one county, city, borough, liberty, Inter preta- cinque port, or place, the same expression shall be ^^^ns in construed to mean the sheriff or clerk of the peace of ^^'^^ '^^^ any county, city, borough, liberty, cinque port, or ^^^^ special place where any part of such lands shall be situate : "^J The word "justices" shall mean justices of the peace « j^istices.' acting for the county, city, liberty, cinque port, or place where the matter requiring the cognizance^ of any such justice shall arise, and who shall not be in- terested in the matter ; and where such matter shall arise in respect of lands being the property of one and the same party, situate not wholly in any one county, city, borough, liberty, cinque port, or place, the same shall mean a justice acting for the county, city, borough, liberty, cinque port, or place where any part of such lands shall be situate, and who shall not be interested in such matter; and where any matter shall be authorized or required to be done by two justices, the expression "two justices" shall be "Two jus- understood to mean two justices assembled and act- tices." ing together. Where under the provisions of this or the special act, " Owner." or any act incorporated therewith, any notice shall be required to be given to the owner of any lands, or where any act shall be authorized or required to be done with the consent of any such owner, the word " owner" shall be understood to mean any person or corporation who, under the provisions of this or the special act, would be enabled to sell and convey lands to the promoters of the undertaking : The expression "the bank" shall mean the Bank of "The England where the same shall relate to monies to be bank.** paid or deposited in respect of lands situate in Eng- land, and shall mean the Bank of Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Ireland. 4. And be it enacted. That in citing this act in other Short title acts of parliament, and in legal instruments, it shall be of the act. sufficient to use the expression " The Lands' Clauses Con- solidation Act, 1845." 5. And whereas it may be convenient in some cases to Form m incorporate with acts of parliament hereafter to be passed which por some portion only of the provisions of this act ; be it *ions of this therefore enacted. That, for the purpose of making any ?^* ^*y ^® such incorporation, it shall be sufficient in any such act to J^^corpora- enact that the clauses of this act with respect to the matter ^?^ ^^ so proposed to be incorporated (describing such matter as ^ ^^ ^ ^* it is described in this act in the words introductory to the enactment with respect to such matter,) shall be incor- S4 Land£ Clauses, [8 Vict. Purchase of lands by agree- ment. Promoters may pur- chase by- agreement I'ands au- thorized by special act. Parties en- titled to any such lands empowered to sell the same to the promoters, and to enter into all necessary agree- ments. Parties having limited in- terests ena- bled to sell and convey. porated with such act, and thereupon all the clauses and provisions of this act with respect to the matter so incor- porated shall, save so far as they shall be expressly varied or excepted by such act, form part of such act, and such act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such act shall relate. And with respect to the purchase of lands by agreement, be it enacted as follows : 6. Subject to the provisions of this and the special act it shall be lawful for the promoters of the undertaking to agree with the owners of any lands by the special act authorized to be taken, and which shall be required for the purposes of such act, and with all parties having any estate or interest in such lands, or by this or the special act enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever. 7. It shall be lawful for all parties, being seised, pos- sessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey or release the same to the promoters of the undertaking, and to enter into all necessary agreements for tha-t purpose ; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release ; (that is to say,) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years, or any less interest ; and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves and tlieir respective heirs, executors, adminis- trators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same cap, 18.] Land£ Clauses. 85 extent as such wives, wards, lunatics and idiots respec- Purchase of tively could have exercised the same power under the ^ands by authority of this or the special act if thpy had respectively (^gree- been under no disability, and as to such trustees, execu- *'^^'*^- tors, and administrators, on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such ces- tuique trusts respectively could have exercised the same powers under the authority of this and the special act if they had respectively been under no disability. 8. The power hereinafter given to enfranchise copyhold Parties lands, as well as every other power required to be exer- under dis- cised by the lord of any manor pursuant to the provisions ability em- of this or the special act, or any act incorporated therewith, powered to and the power to release lands from any : rent, charge, or disfranchise incumbrance, and to agree for the apportionment of any ^^Pyholds, such rent, charge, or incumbrance, shall extend to and [^ ^^^^ may lawfully be exercised by every party hereinbefore ^i\^^ enabled to sell and convey or release lands to the pro- ^^ ^^ motors of the undertaking. 9. The purchase money or compensation to be paid for Amount of any lands to be purchased or taken from any party under compensa- any disability or incapacity, and not having power to sell tion in case or convey such lands except under the provisions of this of parties or the special act, and the compensation to be paid for any "^i^er dis- permanent damage or injury to any such lands, shall not, ^l^ihtyto be except where the same shall have been determined by the f^^^^^i^ie^ verdict of a jury, or bv arbitration, or by the valuation of J^ "*" a surveyor appointed ty two justices under the provision hereinafter contained, be less than shall be determined by the valuation of two able practical surveyors, one of whom shall be nominated by the promoters of the undertaking, and the other by the other party, and if such two sur- veyors cannot agree in the valuation, then by such third surveyor as any two justices shall upon application of either party, after notice to the other party, for that pur- pose nominate ; and each of such two surveyors if they agree, or if not then the surveyor nominated by the said justices, shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness Purchase thereof; and all such purchase money or compensation money to shall be deposited in the bank for the benefit of the parties ^^ paid into interested, in manner hereinafter mentioned. *^^® bank. 10. It shall be lawful for any person seised in fee of, or Vendors entitled to dispose of absolutely for his own benefit, any absolutely lands authorized to be purchased for the purposes of the entitled special act to sell and convey such lands or any part ^^y sell thereof unto the promoters of the undertaking, in con- l^nds on sideration of an annual rent- charge payable by the pro- ^^^^^ ^^^^^* 86 Chief rents to be charged on tolls. If unpaid may be re- covered by action of debt, or levied by distress. Lands re- quired for additional accommo- dation may be pu chased. Promoters may sell such lands, and pur- chase other xands for the like purposes. Promoters not to pur- chase more than the prescribed quantity of land from parties under dis- ability. Municipal corpora- tions not to Lands' Clauses, [8 Vict. meters of the undertaking, but, except as aforesaid, the consideration to be paid for the purchase of any such lands, or for any damage done thereto, shall be in a gross sum. 11. The yearly rents reserved by any such conveyance shall be charged on the tolls or rates, if any, payable under the special act, and shall be otherwise secured in such manner as shall be agreed between the parties, and shall be paid by the promoters of the undertaking as such rents become payable, and if at any time any such rents be not paid within thirty days after they so become payable, and after demand thereof in writing, the person to whom any such rent shall be payable may either recover the same from the promoters of the undertaking, with costs of suit, by action of debt in any of the superior courts, or it shall be lawful for him to levy the same by distress of the goods and chattels of the promoters of the undertaking. 12. In case the promoters of the undertaking shall be empowered by the special act to purchase lands for ex- traordinary purposes, it shall be lawful for all parties who, under the provisions hereinbefore contained, would be enabled to sell and convey lands, to sell and convey the lands so authorized to be purchased for extraordinary pur- poses. 13. It shall be lawful for the promoters of the under- taking to sell the lands which they shall have so acquired for extraordinary purposes, or any part thereof, in such manner, and for such considerations, and to such persons, as the promoters of the undertaking may think fit, and again to purchase other lands for the like purposes, and afterv/ards sell the same, and so from time to time ; but the total quantity of land to be held at any one time by the promoters of the undertaking, for the purposes afore- said, shall not exceed the prescribed quantity. 14. The promoters of the undertaking shall not, by virtue of the power to purchase land for extraordinary purposes, purchase more than the prescribed quantity from any party under legal disability, or who would not be able to sell and convey such lands except under the powers of this and the special act ; and if the promoters of the un- dertaking purchase the said quantity of land from any party under such legal disability, and afterwards sell the whole or any part of the land so purchased, it shall not be lawful for any party being under legal disability to sell to the promoters of the undertaking any other lands in lieu of the land so sold or disposed of by them. 15. Nothing in this or the special act contained shall enable any municipal corporation to sell for the purposes of the special act, without the approbation of the commis- cap, 18.] Lands' Clauses, 87 sioners of her Majesty's Treasury of the United Kingdom sell with- of Great Britain and Ireland, or any three of them, any out the ap- lands which they could not have sold without such appro- probation bation before the passing of the special act, other than such ^^ ^^® *^^*" lands as the company are by the powers of this or the ^^^' special act empowered to purchase or take compulsorily. And with respect to the purchase and taking of lands Purchase otherwise than by agreement, be it enacted as follows : of4ands 16. Where the undertaking is intended to be carried otherwise into effect by means of a capital to be subscribed by the ^^^^^ ^V promoters of the undertaking, the whole of the capital or ^9'^^^- estimated sum fOr defraying the expenses of the under- ^ ^^ taking shall be subscribed under contract binding the camtal to parties thereto, their heirs, executors, and administrators, ijg g^jj. for the payment of the several sums by them respectively scribed be- subscribed, before it shall be lawful to put in force any of fore com- the powers of this or the special act, or any act incorpo- pulsory rated therewith, in relation to the compulsory taking of powers put land for the purposes of the undertaking. in force. 17. A certificate under the hands of two justices, certi- Certificate fying that the whole of the prescribed sum has been sub- of justices scribed, shall be sufficient evidence thereof, and on the evidence application of the promoters of the undertaking, and the *^^^ capital production of such evidence as such justices think proper f^ ^®f^ and sufficient, such justices shall grant such certificate ac ^^"^^^'^oed. cordingly. 18. When the promoters of the undertaking shall re- Promoters quire to purchase or take any of the lands which by this to give no- or the special act, or any act incorporated therewith, they tice of their are authorized to purchase or take, they shall give notice intention to thereof to all the parties interested in such lands, or to the *^^® ^^^^^ parties enabled by this act to sell and convey or release ^^ ^} ^^^ the same, or such of the said parties as shall, after diligent P^^^^^^" inquiry, be known to the promoters of the undertaking, ^^^^ ^ ' and by such notice shall demand from such parties the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof; and every Notice to such notice shall state the particulars of the lands so re- state parti- quired, and that the promoters of the undertaking are culars of willing to treat for the purchase thereof, and as to the com- ^he lauds pensation to be made to all parties for the damage that ^^^l^ii'ed. may be sustained by them by reason of the execution of the works. 19. All notices required to be served by the promoters Notices to, of the undertaking upon the parties interested in or entitled to be served to sell any such lands shall either be served personally on personally such parties or left at their last usual place of abode, if any or left at such can after diligent inquiry be found, and in case any ^^^^'^ places such parties shall be absent from the United Kingdom, or ^^ ^^^^® 88 Occupiers. Notices to corpora- tions to be left at their principal office. If parties fail to treat, or disagree as to com pensation, the amount to be settled in manner hereinafter provided. Disputes as to compen- sation not exceeding 50/. to be settled by two jus- tices. Compensa- tion ex- ceeding 50/. may be set- tled by arbi- tration if desired by the party claiming, Lands^ Clauses, [8 VicL cannot be found after diligent inquiry, shall also be left with the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands. 20. If any such party be a corporation aggregate such notice shall be left at the principal office of business of such corporation, or if no such office can after diligent inquiry be found, shall be served on some principal member, if any, of such corporation, and such notice shall also be left with the occupier of such lands, or, if there be no such occupier,, shall be affixed upon some conspicuous part of such lands. 21. If, for twenty-one days after the service of such notice, any such party shall fail to state the particulars of his claim in respect of any such land, or to treat with the promoters of the undertaking in respect thereof, or if such party and the promoters of the undertaking shall not agree as to the amount of the compensation to be paid by the promoters of the undertaking for the interest in such lands belonging to such party, or which he is by this or the special act enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation. 22. If no agreement be come to between the promoters of the undertaking and the owners of or parties by this act enabled to sell and convey or release any lands taken or required for or injuriously affected by the execution of the undertaking, or any interest in such lands, as to the value of such lands or of any interest therein, or as to the compensation to be made in respect thereof, and if in any such case the compensation claimed shall not exceed fifty pounds, the same shall be settled by two justices. 23. If the compensation' claimed or offered in any such case shall exceed fifty pounds, and if the party claiming compensation desire to have the same settled by arbitra- tion, and signify such desire by notice in writing to the promoters of the undertaking, before they have issued their warrant to the sheriff to summon a jury in respect of such lands, under the provisions hereinafter contained, stating in such notice the nature of the interest in respect of which such party claims compensation, and the amount of the compensation so claimed, the same shall be so settled accordingly ; but unless the party claiming compensation shall as aforesaid signify his desire to have the question of such compensation settled by arbitration, or if when the matter shall have been referred to arbitration the arbitra- tors or their umpire shall for three months have failed to make their or his award, or if no final award shall be made, cap» 18.] Lands' Clauses. 89 the question of such compensation shall he settled by the verdict of a jury, as hereinafter provided. 24. It shall be lawful for any justice, upon the applica- In ques- tion of either party with respect to any question of dis- tions of dis- puted compensation by this or the special act, or any act puted corn- incorporated therewith, authorized to be settled by two pensation justices, to summon the other party to appear before two Justices justices, at a time and place to be named in the summons, ^^^ ^^^"® and upon the appearance of such parties, or in the absence ^"^'^o^s, of any of them, upon proof of due service of the summons, appearance it shall be lawful for such justices to hear and determine ^j. p^oof of such question, and for that purpose to examine such sei-vice de- parties or any of them, and their witnesses, upon oath, and termine. the costs of every such inquiry shall be in the discretion of such justices, and they shall settle the amount thereof. 25. When any question of disputed compensation by In ques- this or the special act, or any act incorporated therewith, tions of dis- authorized or required to be settled by arbitration, shall puted com- have arisen, then, unless both parties shall concur in the pensationto appointment of a single arbitrator, each party, on the ^® settled request of the other party, shall nominate and appoint an v ^'^^^^fi" arbitrator, to whom such dispute shall be referred ; and ^^^' ^^ every appointment of an arbitrator shall be made on the ^^iZ t^^' part of the promoters of the undertaking under the hands arbitrator of the said promoters or any two of them, or of their secre- tary or clerk, and on the part of any other party under the hand of such party, or if such party be a corporation aggregate under the common seal of such corporation ; and such appointment shall be delivered to the arbitrator, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made ; and Appoint- after any such appointment shall have been made neither ment not to party shall have power to revoke the same without the be revoked consent of the other, nor shall the death of either party without operate as a revocation ; and if for the space of fourteen <^onsent. days after any such dispute shall have arisen, and after a request in writing, in which shall be stated the matter so required to be referred to arbitration, shall have been served by the one party on the other party to appoint an On failure arbitrator, such last-mentioned party fail to appoint such of one arbitrator, then upon such failure the party making the party, the request, and having himself appointed an arbitrator, may ^^^^^ ^^7 appoint such arbitrator to act on behalf of both parties, and ^Ppoint ai-- such arbitrator may proceed to hear and determine the ^^^/"^^or to matters which shall be in dispute, and in such case the ^^/f JTi award or determination of such single arbitrator shall be o o , final. 26". If, before the matters so referred shall be deter- If arbitrator mined, any arbitrator appointed by either party die, or die, &c. 90 another may be ap- pointed. On failure to do so the other may proceed. Arbitrators to appoint umpire. If umpire die &c. another to be appoint- ed. In the case of railways Board of Trade may appoint an umpire on neglect of the arbitra- tors. If single arbitrator die, the matter to begin de novo. If either arbitrator refuse to act, the other to proceed. If arbitra- tors fail to make their award with in 21 days, umpire to decide. Lands^ Clauses, [8 Vict become incapable, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place, and if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so, the remaining or other arbitrator may proceed ex parte ; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or disability as af6resaid. 27. Where more than one arbitrator shall have been appointed such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide on any such matters on which they shall differ, or which shall be referred to him under the provisions of this or the special act, and if such umpire shall die, or become incapable to act, they shall forthwith after such death or incapacity appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. 28. If in either of the cases aforesaid the said arbitra- tors shall refuse, or shall, for seven days after request of either party to such arbitration, neglect to appoint, an umpire, the Board of Trade, in any case in which a railway company shall be one party to the arbitration, and two justices in any other case, shall, on the application of either party to such arbitration, appoint an umpire, and the decision of such umpire on the matters on which the arbi- trators shall differ, or which shall be referred to him under this or the special act, shall be final. 29. If, when a single arbitrator shall have been ap- pointed, such arbitrator shall die or become incapable to act before he shall have made his award, the matters re- ferred to him shall be determined by arbitration under the provisions of this or the special act in tiie same manner as if such arbitrator had not been appointed 30. If, where more than one arbitrator shall have been appointed, either of the arbitrators refuse or for seven days neglect to act, the other arbitrator may proceed ex parte, and the decision of such other arbitrator shall be as effec- tual as if he had been the single arbitrator appointed by both parties. 31. If where more than one arbitrator shall have been appointed, and where neither of them shall refuse or neg- lect to act as aforesaid, such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed, or within such extended time (if any) as shall have been appointed for that purpose by both such arbitrators under \ cap» 18.] Landi Clauses » 91 their hands, the matters referred to them shall be deter- mined by the umpire to be appointed as aforesaid. 32. The said arbitrators or their umpire may call for Arbitrators the production of any documents in the possession or may call for power of either party which they or he may think neces- documents sary for determining the question in dispute, and may aiid admin - examine the parties or their witnesses on oath, and admi- i^ter oaths. nister the oaths necessary for that purpose. 33. Before any arbitrator or umpire shall enter into the Arbitrator consideration of any matters referred to him, he shall in or umpire to the presence of a justice make and subscribe the following ^^ke and declaration ; that is to sav, subscribe "I, A.B. do solemnly 'and sincerely declare, that I will declaration, faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the act [naming the special act]. " A. B. " Made and subscribed in the presence of . . . ." And such declaration shall be annexed to the award when Declaration made ; and if any arbitrator or umpire having made such to be an- declaration shall wilfully act contrary thereto he shall be nexed to guilty of a misdemeanor. award. 34. All the costs of any such arbitration, and incident Costs of thereto, to be settled by the arbitrators, shall be borne by arbitration, the promoters of the undertaking, unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters of the undertaking, in which case each party shall bear his own costs incident to the arbitra- tion, and the costs of the arbitrators shall be borne by the parties in equal proportions. 35. The arbitrators shall deliver their award in writing Arbitrators to the promoters of the undertaking, and the said pro- to deliver moters shall retain the same, and shall forthwith, on their award demand, at their own expense, furnish a copy there- ^^ promo- of to the other party to the arbitration, and shall at all ^^^^• times, on demand, produce the said award, and allow the same to be inspected or examined by such party or any person appointed by him for that purpose. 36. The submission to any such arbitration may be Submission made a rule of any of the superior courts, on the applica- to award, tion of either of the parties. 37. No award made with respect to any question re- Award not ferred to arbitration under the provisions of this or the ^^y^ ^^^ special act shall be set aside for irregularity or error in ^^i^®* matter of form. 38. Before the promoters of the undertaking shall issue Promoters their warrant for summpning a jury for settling any case before sum- of disputed compensation they shall give not less than ten moning.a days' notice to the other party of their intention to cause j^^ to give 92 notice and offer com- pensation. In ques- tions of dis- puted com- pensation to be settled by a jury, the promo- ters to issue their warrant to the sheriff or coroner, or ex- sheriff or ex-coro- ner not in- terested in the matter in dispute. ProAdsions applicable to sheriff to apply to coroner. Delivery of jury lists. Upon re- ceipt of warrant sheriff to summon jury, and give notice to promoters Lands' Clauses, [8 Vict such jury to be summoned, and in such notice the pro- moters of the undertaking shall state what sum of money they are willing to give for the interest in such lands sought to be purchased by them from such party, and for the damage to be sustained by him by the execution of the works. 39. In every case in which any such question of dis- puted compensation shall be required to be determined by the verdict of a jury the promoters of the undertaking shall issue their warrant to the sheriff, requiring him to summon a jury for that purpose, and such warrant shall be under the common seal of the promoters of the under- taking if they be a corporation, or if they be not a corpo- ration under the hands and seals of such promoters or any two of them ; and if such sheriff be interested in the matter in dispute such application shall be made to some coroner of the county in which the lands in question, or some part thereof, shall be situate, and if all the coroners of such county be so interested, such application may be made to some person having filled the office of sheriff or coroner in such county, and who shall be then living there, and who shall not be interested in the matter in dispute ; and with respect to the persons last mentioned preference shall be given to one who shall have most re- cently served either of the said offices ; and every ex- sheriff, coroner, or ex-coroner shall have power, if he think fit, to appoint a deputy or assessor. 40. Throughout the enactments contained in this act relating to the reference to a jury, where the term "sheriff" is used, the provisions applicable thereto shall be held to apply to every coroner or other person lawfully acting in his place ; and in every case in which any such warrant shall have been directed to any other person than the sheriff, such sheriff shall, immediately on receiving notice of the delivery of the warrant, deliver over, on application for that purpose, to the person to whom the same shall have been directed, or to any person appointed by him to receive the same, the jurors* book and special jurors' list belonging to the county where the lands in question shall be situate. 41. Upon the receipt of such warrant the sheriff shall summon a jury of twenty-four indifferent persons, duly qualified to act as common jurymen in the superior courts, to meet at a convenient time and place to be appointed by him for that purpose, such time not being less than four- teen nor more than twenty-one days after the receipt of such warrant, and such place not being more than eight miles distant from the lands in question, unless by consent of the parties interested, and he shall forthwith give notice cap, 18.] Larlds^ Clauses, 93 to the promoters of the works of the time and place so of time and appointed by him. placeap- 42. Out of the jurors appearing upon such summons a poiiited. jury of twelve persons shall be drawn by the sheriff, in ^J^^^ ^^ ^^ such manner as juries for trials of issues joined in the ^^^-^^^^ superior courts are by law required to be drawn, and if a L^" ^^^ sufficient number of jurymen do not appear in obedience appi^rin^ to such summons the sheriff shall return other indifferent ^^p^^ g^^. men, duly qualified as aforesaid, of the bystanders, or mons. others that can speedily be procured, to make up the jury to the number aforesaid ; and all parties concerned may have their lawful challenges against any of the jurymen, but no such party shall challenge the array. 43. The sheriff shall preside on the said inquiry, and Sheriff to the party claiming compensation shall be deemed the plain- preside at tiff, and shall have all such rights and privileges as the inquiiy, plaintiff is entitled to in the trial of actions at law ; and if either party so request in writing, the sheriff shall summon and on re- before him any person considered necessary to be ex- quest to amined as a witness touching the matters in question, and summon on the like request the sheriff shall order the jury, or any witnesses six or more of them, to view the place or matter in con- *^^* troversy, in like manner as views may be had in the trial of actions in the superior courts. 44. If the sheriff make default in any of the matters If she riff hereinbefore required to be done by him in relation to any make de- such trial or inquiry, he shall forfeit fifty pounds for every fault to for such offence, and such penalty shall be recoverable by the ^eit 50/. promoters of the undertaking by action in any of the su- perior courts ; and if any person summoned and re- Jurors not turned upon any jury under this or the special act, appearing, whether common or special, do not appear, or if appearing, or neglect- he refuse to make oath, or in any other manner unlawfully ii^g <^^heir neglect his duty, he shall, unless he show reasonable ex- ^^tJ* liable cuse to the satisfaction of the sheriff, forfeit a sum not ^^ forfeit exceeding ten pounds, and every such penalty payable by a sheriff or juryman shall be applied in satisfaction of the costs of the inquiry, so far as the same will extend ; and, in addition to the penalty hereby imposed, every such jury- man shall be subject to the same regulations, pains, and penalties as if such jury had been returned for the trial of an issue joined in any of the superior courts. 45. If any person duly summoned to give evidence Witnesses upon any such inquiry, and to whom a tender of his ^o* app ear- reasonable expenses shall have been made, fail to appear ^^g. ^^ ^^" at the time and place specified in the summons without ^^^^^^ ^o sufficient cause, or if any person, whether summoned or ^. ^^^" not, who shall appear as a witness refuse to be examined ij^bie t on oath touching the subject matter in question, every foj^f^j^ ]q/ 94 Lands^ Clauses. [8 Vict, person so offending shall forfeit to the party aggrieved ^ sum not exceeding ten pounds. Promoters 46. Not less than ten days' notice of the time and place to give no- of the inquiry shall be given in writing by the promoters tice. of the undertaking to the other party. If party 47. If the party claiming compensation shall not appear at claiming the time appointed for the inquiry such inquiry shall not make j^e further proceeded in, but the compensation to be paid default, in- gj^^jj j^g g^^]^ ^^ gj^g^lj ^^ ascertained by a surveyor ap- quiry not to pQi^ted by two justices in manner hereinafter provided. Ju^^^^to b ^^' ^^^'^^^ ^^^ j^^y proceed to inquire of and assess the sworn bv compensation or damage in respect of which their verdict the sheriff. ^^ ^^ ^^ given they shall make oath that they will truly and faithfully inquire of and assess such compensation or damage, and the sheriff shall administer such oaths, as well as the oaths of all persons called upon to give evi- dence. Jury to as- 49. Where such inquiry shall relate to the value of sess sepa- lands to be purchased, and also to compensation claimed rately the for injury done or to be done to the lands held therewith, sums to be the jury shall deliver their verdict separately for the sum paid for of money to be paid for the purchase of the lands required purchase of for the works, or of any interest therein belonging to the lands and party with whom the question of disputed compensation for damage ^^inM have arisen, or which, under the provisions herein J^ ^, ^^ contained, he is enabled to sell or convey, and for the sum of money to be paid by way of compensation for the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such lands by the exercise of the powers of this or the special act, or any act incorporated therewith. Verdict and 50. The sheriff before whom such inquiry shall be held judgment to shall give judgment for the purchase money or compensa- be signed tion assessed by such jury, and the verdict and judgment by the shall be signed by the sheriff, and being so signed shall be sheriff and tept by the clerk of the peace among the records of the kept by the general or quarter sessions of the county in which the clerk of the j^nds or any part thereof shall be situate in respect of peace. which such purchase money or compensation shall have been awarded; and such verdicts and judgments shall be Copies to deemed records, and the same or true copies thereof shall be evidence. ^^ good evidence in all courts and elsewhere, and all per- sons may inspect the said verdicts and judgments, and may have copies thereof or extracts therefrom, on paying for Inspection ^^^h inspection thereof one shilling, and for every one and fee. hundred words copied or extracted therefrom sixpence, which copies or extracts the clerk of the peace is hereby required to make out, and to sign and certify the same to be true copies cap, 18.] Lands' Clauses, 95- 51. On every such inquiry before a jury, where the Costs of verdict of the jury shall be given for a greater sum than the inquiry the sum previously offered by the promoters of the under- to be borne taking, all the costs of such inquiry shall be borne by the ^^ *^® P^^" promoters of the undertaking : but if the verdict of the ^^ ^^^ r , . « , , ^ i.1, i.1, wnere ver- jury be given for the same or a less sum than the sum ^.^^ myen previously offered by the promoters of the undertaking, for a greater or if the ovrner of the lands shall have failed to appear at g^jn ^han the time and place appointed for the inquiry, having re- previously ceived due notice thereof, one-half of the costs of summon- offered, ing, impannelling, and returning the jury, and of taking in other the inquiry and recording the verdict and judgment cases to be thereon, in case such verdict shall be taken, shall be de- defrayed frayed by the ov^ner of the lands, and the other half by ^^"^^y ^y the promoters of the undertaking, and each party shall ^?^^ P^" bear his own costs, other than as aforesaid, incident to such ^^^^* inquiry. 52. The costs of any such inquiry shall, in case of Costs of m- difference, be settled by one of the masters of the court of q^iiry in Queen's Bench of England or Ireland, according as the ^^^e of dif- lands are situate, on the application of either party, and f^rence to such costs shall include all reasonable costs, charges, and ^ settled expenses incurred in summoning, impannelling, and re- ^he^mas^ers turning the jury, taking the inquiry, the attendance of ^^^.j^g witnesses, the employment of counsel and attornies, re- Queen's cording the verdict and judgment thereon, and otherwise Bench, incident to such inquiry. 53. If any such costs shall be payable by the promoters Costs pay- of the undertaking, and if within seven days after demand able by pro - such costs be not paid to the party entitled to receive the rioters may same, they shall be recoverable by distress, and on appli- ^^ recover cation to any justice he shall issue his warrant accordingly ; ^^ ^^ ^^^ and if any such costs shall be payable by the owner of the ^^^^^^^ ^^ lands or of any interest therein, the same may be deducted Q^ritvs of and retained by the promoters of the undertaking, out of j^nds mav any money awarded by the jury to such owner, or deter- -^q deducted mined by the valuation of a surveyor under the provision from com • hereinafter contained ; and the payrfient or deposit of the pensation. remainder, if any, of such money shall be deemed payment and satisfaction of the whole thereof, or if such costs shall exceed the amount of the money so awarded or determined, the^ excess shall be recoverable by distress, and on appli- cation to any justice he shall issue his warrant accord- ingly. 54. If either party desire any such question of disputed Either compensation as aforesaid to be tried before a special jury, party may such question shall be so tried, provided that notice of require that such desire, if coming from the other party, be given to q^^estions of the promoters of the undertaking before they have issued compensa- 96 Lands' Clauses, [8 Vict. jury. Sheriff on receipt of warrant to nominate specialjury. " tion be tried their warrant to the sheriff; and for that purpose the pro- by special moters of the undertaking shall by their warrant to the sheriff require him to nominate a special jury for such trial ; and thereupon the sheriff shall, as soon as conve- niently may be after the receipt by him of such warrant, summon both the parties to appear before him, by them- selves or their attornies, at some convenient time and place appointed by him for the purpose of nominating a special jury (not being less than five nor more than eight days from the service of such summons) ; and at the place and time so appointed the sheriff shall proceed to nominate and strike a special jury, in the manner in which such juries shall be required by the laws for the time being in force to be nominated or struck by the proper officers of the superior courts, and the sheriff shall appoint a day, not later than the eighth day after striking of such jury, for the parties or their agents to appear before him to re- duce the number of such jury, and thereof shall give four days' notice to the parties ; and on the day so appointed the sheriff shall proceed to reduce the said special jury to the number of twenty, in the manner used and accustomed by the proper officers of the superior courts. 56. The special jury on such inquiry shall consist of twelve of the said twenty who shall first appear on the names being called over, the parties having their lawful challenges against any of the said jurymen ; and if a fiiU jury do not appear, or if after such challenges a full jury do not remain, then, upon the application of either party, the sheriff shall add to the list of such jury the names of any other disinterested persons qualified to act as special or common jurymen, who shall not have been previously struck off the aforesaid list, and who may then be attend- ing the court, or can speedily be procured, so as to com- plete such jury, all parties having their lawful challenges Trial to be against such persons ; and the sheriff shall proceed to the in the same trial and adjudication of the matters in question by such manner as jury, and such trial shall be attended in all respects with by common the' like incidents and consequences, and the like penalties j^^'- shall be applicable, as hereinbefore provided in the case of a trial by common jury. Other in- 56. Any other inquiry than that for the trial of which quiriesmay such special jury may have been struck and reduced as be tried by aforesaid may be tried by such jury, provided the parties such jury, thereto respectively shall give their consent to such trial. Attendance 57. No juryman shall, without his consent, be sum- 6f jurymen, moned or required to attend any such proceeding as afore- said more than once in any year. Compensa- 58. The purchase-money or compensation to be paid for tiou to ab- any lands to be purchased or taken by the promoters of Deficiency of special jurymen may be sup- plied by other per- sons quali- fied as special or common jurymen. I cap, 18.] Lands^ Clauses. 97 the undertaking from any party who, by reason of absence sent par- [ from the kingdom, is prevented from treating, or who ties to be cannot after diligent inquiry be found, or who shall not 'J«termiiied appear at the time appointed for the inquiry before the ^^^ '* **"^' jury as hereinbefore provided for, after due notice thereof, ^*^y^^ ^P- and the compensation to be paid for any permanent in- |'^^°. ^ jury to such lands, shall be such as shall be determined by tj^gg * the valuation of such able practical surveyor as two justices shall nominate for that purpose as hereinafter mentioned. 59. Upon application by the promoters of the under- Upon appli- taking to two justices, and upon such proof as shall be cjuion of satisfactory to them that any such party is, by reason of promoters absence from the kingdom, prevented from treating, or two justices cannot aft^r diligent inquiry be found, or that any such ^" "omi- party failed to appear on such inquiry before a jury as "^^^^ ^ *"'' aforesaid, after due notice to him for that purpjse, such ^^^^^' justices shall, by writing under their hands, nominate an able practical surveyor for determining such compensation as aforesaid, and such surveyor shall dtttermine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. 60. Before such surveyor shall enter upon the duty of Surveyor making such valuation as aforesaid he shall, in the presence to make of such justices, or one of them, make and subscribe the and sub- declaration following at the foot of such nomination ; (that «cribe de- is to sav,) claration " I A, B. do solemnly and sincerely declare, that I will faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me. " A. B. J " Made and subscribed in the presence of . . . ." > And if any surveyor shall corruptly make such declaration, or having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanor. 61. The said nomination and declaration shall be an- Nomina- nexed to the valuation to be made by such surveyor, and tion and de- shall be preserved together therewith hy the promoters of claration to the undertaking, and they shall at all times produce the l^e annexed said valuation and other documents, on demand, to the to valuation, owner of the lands comprised in such valuation, and to all other parties interested therein. 62. All the expenses of and incident to every such PJxpeusesto valuation shall be borne by the promoters of the under- be borne by- taking, promoters. 63. In estimating the purchase money or compensation In estiraat- to be paid by the pr^\ \yQ ascertained by the said master and de- ducted by him accordingly in his certificate of such taxation. And with respect to the entry upon lands by the pro- moters of the undertaking, be it enacted as follows : 84. The promoters of the undertaking shall not, except by consent of the owners and occupiers, enter upon any not to enter lands which shall be required to be purchased or perma- upon lands gently used for the purposes and under the powers of this or the special act, until they shall either have paid to every party having any interest in such lands, or deposited in the bank, in the manner herein mentioned, the purchase money or compensation agreed or awarded to be paid to such parties respectively for their respective interests therein : provided always, that for the purpose merely of surveying and taking levels of such lands, and of probing or boring to ascertain the nature of the soil, and of setting out the line of the works, it shall be lawful for the pro- setting out jnoters of the undertaking, after giving not less than three the hne. ^^^ more than fourteen days' notice to the owners or oc- cupiers thereof, to enter upon such lands without previous consent, making compensation for any damage thereby occasioned to the owners or occupiers thereof. If promo- 85. Provided also, that if the promoters of the under- ters be de- taking shall be desirous of entering upon and using any sirous of such lands before an agreement shall have been come to entering or an award made, or verdict given for the purchase Entry on lands. Promoters until pur- chase money be paid or de- posited, unless for surveying, taking levels, or cap. 18.] Lands^ Clauses, 107 money or compensation to be paid by them in respect of upon lands such lands, it shall be lawful for the promoters of the un- l>efore dertaking to deposit in the bank by way of security, as agreement hereinafter mentioned, either the amount of purchase ^^^^ to for money or compensation claimed by any party interested P^^^^^^e^ in or entitled to sell and convey such lands, and who shall AqJJ?^^\ not consent to such entry, or such a sum as shall, by a j^^^^ surveyor appointed by two justices in the manner herein- amount before provided in the case of parties who cannot be found, claimed, or be determined to be the value of such lands, or of the in- such sum terest therein which such party is entitled to or enabled to as surveyor sell and convey, and also to give to such party a bond, determines under the common seal of the promoters if they be a cor- to be the poration, or if they be not a corporation under the hands value, and and seals of the said promoters, or any two of them, with a-lso give two sufficient sureties to be approved of by two justices "/^^V^par- in case the parties differ, in a penal sum equal to the sum so ^^11^ ^ to be deposited, conditioned for payment to such party, or for deposit in the bank for the benefit of the parties in- terested in such lands as the case may require, under the provisions herein contained, of all such purchase money or compensation, as may in manner hereinbefore provided be determined to be payable by the promoters of the under- taking in respect of the lands so entered upon, together with interest thereon, at the rate of five pounds per cen- tum per annum, from the time of entering on such lands, until such purchase money or compensation shall be paid to such party, or deposited in the bank for the benefit of the parties interested in such lands, under the provisions herein contained ; and upon such deposit by way of se- Upon curity being made as aforesaid, and such bond being de- making de- livered or tendered to such non-consenting party as afore- posit and said, it shall be lawful for the promoters of the under- giving bond taking to enter upon and use such lands, without having Promoters first paid or deposited the purchase money or compensa- ^^^ ^^^^^^ tion in other cases required to be paid or deposited by "^^^ ^^^^^' them before entering upon any lands to be taken by them under the provisions of this or the special act. 86. The money so to be deposited as last aforesaid Money to shall be paid into the bank in the name and with the 1^^ deposit- privity of the accountant-general of the Court of Chancery ^^ ^^ ^^-^ in England or the Court of Exchequer in Ireland, to be ^^ ^^"'^ ""^ placed to his account there to the credit of the parties in- ^^^o^^tant terested in or entitled to sell and convey the lands so to ^^^^^^• be entered upon, and who shall not have consented to such entry, subject to the control and disposition of the said bank to court; and upon such deposit being made, the cashier of ['^^^'^^ ""^ the bank shall give to the promoters of the undertaking, „^.g ^ or to the party paying in such money by their direction, ceipt 108 Lands^ Clauses, [8 Vict. Entry on lands. a receipt for such money, specifying therein for what pur- pose and to whose credit the same shall have been paid in. 87. The money so deposited as last aforesaid shall remain in the bank, by way of security to the parties whose lands shall so have been entered upon for the per- formance of the condition of the bond to be given by the promoters of the undertaking, as hereinbefore mentioned, wboselands ^^^ *^® ?>2imQ may, on the application by petition of the have been promoters of the undertaking, be ordered to be invested entered in bank annuities or government securities, and accumu- upon, and lated ; and upon the condition of such bond being fully to be ap- performed it shall be lawful for the Court of Chancery in plied under England or the Court of Exchequer in Ireland, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the promoters of the undertaking, or if such condition shall not be fully performed, it shall be lawful for the said court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited. 88. If at any time the company be unable, by reason of the closing of the office of the accountant-general of the pay the de- Court of Chancery in England or the court of Exchequer posit money '^ Ireland, to obtain his authority in respect of the payment of any sum of money so authorized to be deposited in the bank by way of security as aforesaid, it shall be lawful for the company to pay into the bank to the credit of such party or matter as the case may require (subject never- theless to being dealt with as hereinafter provided, and Money de- posited to remain as a security to parties the diree tion of the court. The com- pany may into the bank by way of se- curity dur- ing the time that the office of ^^^ otherwise), such sum of money as the promoters of the ac- the undertaking shall, by some writing signed by their countant- secretary or solicitors for the time being, addressed to the general is governor and company of the bank in that behalf, request, closed. and upon any such payment being made the cashier of the bank shall give a certificate thereof ; and in every such case, within ten days after the re-opening of the said accountant-general's office, the solicitor for the promoters of the undertaking shall there bespeak the direction for the payment of such sum into the name of the accountant- general, and upon production of such direction at the bank of England the money so previously paid in shall be placed to the credit of the said accountant-general accord- ingly, and the receipt for the said payment be given to the party making the same in the usual way for the pur- pose of being filed at the report office. If promo- 89. If the promoters of the undertaking or any of their ters enter contractors shall, except as aforesaid, wilfully enter upon uj^on lands j^n(i take possession of any lands which shall be required cap, 18.] Lands^ Clauses. 109 to be purchased or permanently used for the purposes of without the special act, without such consent as aforesaid, or with- consent be- out having made such payment for the benefit of the par- ^^^^ pay- ties interested in the lands, or such deposit by way of ^^^^ ^^ ^^' security as aforesaid, the promoters of the undertaking V^^^^ of shall forfeit to the party in possession of such lands the ^J^^ *^® sum of ten pounds, over and above the amount of any forfeit jn; damage done to such lands by reason of such entry and ai)ove taking possession as aforesaid, such penalty and damage damage, respectively to be recovered before two justices ; and if the promoters of the undertaking or their contractors If promo- shall, after conviction in such penalty as aforesaid, con- ters after tinue in unlawful possession of any such lands, the pro- conviction moters of the undertaking shall be liable to forfeit the continue in sum of twenty-five pounds for every day they or their possession contractors shall so remain in possession as aforesaid, such ^^^ , penalty to be recoverable by the party in possession of .' ^^^ such lands, with costs, by action in any of the superior courts : provided always, that nothing herein contained Promoters shall be held to subject the promoters of the undertaking not liable if to the payment of any such penalties as aforesaid, if they compensa- shall bona fide and without collusion have paid the com- tion paid to pensation agreed or awarded to be paid in respect of the parties be- said lands to any person whom the promoters of the ^^®™ to be undertaking may have reasonably believed to be entitled f^ ^^ thereto, or shall have deposited the same in the bank for the benefit of the parties interested in the lands, or made such deposit by way of security in respect thereof as hereinbefore mentioned, although such person may not have been legally entitled thereto. 90. On the trial of any action for any such penalty as On trial de- aforesaid the decision of the justices under the provision cision of hereinbefore contained shall not be held conclusive as to justices not the right of entry on any such lands by the promoters of to ^^ held the undertaking. conclusive. 91. If in any case in which, according to the provisions In case of of this or the special act, or any act incorporated there- refusal to with, the promoters of the undertaking are authorized to deliver pos- enter upon and take possession of any lands required for session of the purposes of the undertaking, the owner or occupier of ^^nds, pro- any such lands or any other person refuse to give up the ^oters may possession thereof, or hinder the promoters of the under- ^„^„^. .^ r 1 • p J. • X 1 • • J! A.\, warrant to takmg trom entering upon or takmg possession or the gj^eriff. same, it shall be lawful for the promoters of the under- taking to issue their warrant to the sheriff to deliver pos- session of the same to the person appointed in such warrant to receive the same, and upon the receipt of such warrant Upon re- the sheriff shall deliver possession of any such lands ac- ceipt of cordingly, and the costs accruing by reason of the issuing warrant, 110 Lands' Clauses, [8 Jnct. sheriff to and execution of such warrant, to be settled by the sheriff, deUver pos- shall be paid by the person refusing to give possession, session and ^^d the amount of such costs shall be deducted and re- settle costs, tained by the promoters of the undertaking from the com- Costs to be pensation, if any, then payable by them to such party, or deducted if no such compensation be payable to such party, or if from com- the same be less than the amount of such costs, then such pensation costs, or the excess thereof beyond such compensation, if or levied by not paid on demand, shall be levied byjiistress, and upon distress. application to any justice for that purpose he shall issue his warrant accordingly. No party to 92. And be it enacted, That no party shall at any time be required be required to sell or convey to the promoters of the to sell part undertaking a part only of any house or other building or of a house, manufactory, if such party be willing and able to sell and convey the whole thereof. Intersected And with respect to small portions of intersected land, lands, be it enacted as follows : 93. If any lands not being situate in a town or built Owners of ^pon shall be so cut through and divided by the works as intersected ^^ leave, either on both sides or on one side thereof, a less lands may q^^ntity of land than half a statute acre, and if the owner m^^rs r^ ^^ ^^^^ small parcel of land require the promoters of the purchase undertaking to purchase the same along with the other the same ^^^^ required for the purposes of the special act, the pro- moters of the undertaking shall purchase the same accord- ingly, unless the owner thereof have other land adjoining to that so left into which the same can be thrown, so as to or to throw be conveniently occupied therewith ; and if such owner into adjoin- have any other land so adjoining, the promoters of the ing land. undertaking shall, if so required by the owner, at their own expense, throw the piece of land so left into such adjoining land, by removing the fences and levelling the sites thereof, and by soiling the same in a sufficient and workmanlike manner. Promoters 94. If any such land shall be so cut through and divided may insist as to leave on either side of the works a piece of land of on pur- less extent than half a statute acre, or of less value than chase of in- ^j^g expense of making a bridge, culvert, or such other com- tersected munication between the land so divided as the promoters lands,where ^£ ^^^^ undertaking are, under the provisions of this or the brfd^?s^&c sp^ci^^ ^^*' ^^ ^^7 ^^* incorporated therewith, compellable exce^Ts the *^ make, and if the owner of such lands have not other value. lands adjoining such piece of land, and require the pro- moters of the undertaking to make such communication, then the promoters of the undertaking may require such Disputes as owner to sell to them such piece of land, and any dispute to value to as to the value of such piece of land, or as to what would be ascer- be the expense of making such communication, shall be cap, 18.] Lands' Clauses, 111 ascertained as herein provided for cases of disputed com- tained as pensation ; and on the occasion of ascertaining the value provided for of the land required to be taken for the purposes of the cases of dis- v^rorks, the jury or the arbitrators, as the case may be, P^ited com- shall, if required by either party, ascertain by their P^^^^ ^^^• verdict or award the value of any such severed piece of land, and also what would be the expense of making such communication. And with respect to copyhold lands, be it enacted as Copyholds, follows : 95. Every conveyance to the promoters of the under- Convey- taking, of any lands which shall be of copyhold or custom- aJice to pro- ary tenure, or of the nature thereof, shall be entered on the ^^oters of rolls of the manor of which the same shall be held or par- copyhold eel ; and on payment to the steward of such manor of such ^^^^^^^ ^ fees as would be due to him on the surrender of the same ^.^^s of lands to the use of a purchaser thereof he shall make such manor, enrolment ; and every such conveyance, when so enrolled, shall have the like effect, in respect of such covphold or customary lands, as if the same had been of freehold tenure, nevertheless, until such lands shall have been Until en- enfranchised by virtue of the powers hereinafter contained, franchised they shall continue subject to the same fines, rents, to continue heriots, and services as were theretofore payable and of subject to right accustomed. ^"^^ '^^• 96. Within three months after the enrolment of the Promoters conveyance of any^such copyhold or customary lands, or to procure within one month after the promoters of the undertaking lands hold- shall enter upon and make use of the same for the purposes ^^ ^^ ^^' of the works, whichever shall first happen, or if more than ^^^ ^° ^^ one parcel of such lands holden of the same manor shall ^^f^^^" have been taken by them, then within one month after the Ly^LclT last of such parcel shall have been so taken or entered rn^T.or.ca on by them, the promoter-s of the undertakmg shall pro- ^joji ^s shall cure the whole of the lands holden of such manor so taken \yQ agreed by them to be enfranchised, and for that purpose shall upon or de- apply to the lord of the manor whereof such lands are termined as holden to enfranchise the same, and shall pay to him such in other compensation in respect thereof as shall be agreed upon cases of between them and him, and if the parties fail to agree disputed respecting the amount of the compensation to be paid for compensa- such enfranchisement the same shall be determined as in ^^^"' other cases of disputed compensation ; and in estimating such compensation the loss in respect of the fines, heriots, and other services payable on death, descent, or alienation, or any other matters which would be lost by the vesting of such copyhold or customary lands in the promoters of the undertakiijL-, or by the enfranchisement of the same, shall be allowed for. 112 Lands* Clauses. [8 Vict. Upon pay- 97. Upon payment or tender of the compensation so ment or de- agreed upon or determined, or on deposit thereof in the posit of bank in any of the cases hereinbefore in that behalf pro- compensa- yided, the lord of the manor whereof such copyhold or tionlord of ^^g^Qj^^g^^y lands shall be holden shall enfranchise such "^^^^ V ^^^^% ^^^ the lands so enfranchised shall for ever there- hmds'^ and^ ^^^^^ ^® ^^^^ ^^ ^^^^ ^^^ common soccage ; and in default in default ^^ ^^^^ enfranchisement by the lord of the manor, or if he thereof pro- ^^^ *^ adduce a good title thereto to the satisfaction of the moters may promoters of the undertaking, it shall be lawful for them, execute a if they think fit, to execute a deed poll, duly stamped, in deed poll, the manner hereinbefore provided in the case of the pur- chase of lands by them, and thereupon the lands in re- spect of the enfranchisement whereof such compensation shall have been deposited as aforesaid shall be deemed to be enfranchised, and shall be for ever thereafter held in free and common soccage. 98. If any such copyhold or customary lands be subject to any customary or other rent, and part only of the land subject to any such rent be required to be taken for the purposes of the special act, the apportionment of such rent may be settled by agreement between the owner of the lands and the lord of the manor on the one part, and the promoters of the undertaking on the other part, and if such apportionment be not so settled by agreement, then If part only of lands subject to copyhold rents be taken, the apportion- ment of such rent - - - — may be set- ^^^ same shall be settled by two justices ; and the enfran- tled by chisement of any copyhold or customary lands taken by agi-eement virtue of this or the special act, or the apportionment of or by two such rents, shall not affect in other respects any custom by justices. or under which any such copyhold or customary lands not taken for such purposes shall be held ; and if any of the lands so required be released from any portion of the rents to which they were subject jointly with any other lands, such last-mentioned lands shall be charged with the remainder only of such rents ; and with reference to any such apportioned rents, the lord of the manor shall have all the same rights and remedies over the lands to which such apportioned rent shall have been assigned or attri- buted as he had previously over the whole of the lands subject to such rents for the whole of such rents. Common And with respect to any such lands being common or lands. waste lands, be it enacted as follows : 99. The compensation in respect of the right in the Compensa- soil of any lands subject to any rights of common shall tion for be paid to the lord of the manor, in case he shall be right in soil entitled to the same, or to such party, other than the of common commoners, as shall be entitled to such right in the soil ; lands to be ^^^ ^j^^ compensation in respect of all other commonable ^? ^ ^^ and other rierhts in or over such lands, including therein oi manor or ° > a cap. 18.] Lands' Clauses, 113 any commonable or other rights to which the lord of the Common manor may be entitled, other than his right in the soil of lands. such lands, shall be determined and paid and applied in manner hereinafter provided with respect to common other party lands the right in the soil of which shall belong to the ^^^i^^^^- commoners ; and upon payment or deposit in the bank of the compensation so determined all such commonable and other rights shall cease and be extinguished. 100. Upon payment or tender to the lord of the manor, Upon pay- or such other party as aforesaid, of the compensation ment or de- which shall have been agreed upon or determined in respect positof com- of the right in the soil of any such lands, or on deposit pensation thereof in the bank in any of the cases hereinbefore in that ^^\ "§>^* ^^ behalf provided, such lord of the manor or such other party ^^^^ of com- as aforesaid, shall convey such lands to the promoters of ^^ ^ands, the undertaking, and such conveyance shall have the effect pji+'Fied \ of vesting such lands in the promoters of the undertaking, convey in like manner as if such lord of the manor, or such other g^cj^ lands party as aforesaid, had been seised in fee simple of such to promo- lands at the time of executing such conveyance ; and in ters, or in default of such conveyance it shall be lawful for the pro- default they moters of the undertaking, if they think fit, to execute a may exe- deed poll, duly stamped, in the manner hereinbefore pro- cute a deed vided in the case of the purchase of lands by them, and P*^^* thereupon the lands in respect whereof such last-mentioned compensation shall have been deposited as aforesaid shall vest absolutely in the promoters of the undertaking, and they shall be entitled to immediate possession thereof, subject nevertheless to the commonable and other rights theretofore affecting the same, until such rights shall have been extinguished by payment or deposit of the compen- sation for the same in manner hereinafter provided. 101. The compensation to be paid with respect to any Compensa- such lands, being common lands, or in the nature thereof, tion for the right to the soil of which shall belong to the com- rights of moners, as well as the compensation to be paid for the common to commonable and other rights in or over common lands the ^^. ^^ter- right in the soil whereof shall not belong to the com- ^^^^d by moners, other than the compensation to the lord of the ^?^^ ^^^ manor, or other party entitled to the soil thereof, in ^ittee of respect of his right in the soil thereof, shall be determined parties en- by agreement between the promoters of the undertaking titled, and a committee of the parties entitled to commonable or other rights in such lands, to be appointed as next herein- after mentioned. 102. It shall be lawful for the promoters of the under- Promoters taking to convene a meeting of the parties entitled to may con- common able or other rights over or in such lands to be vene a held at some convenient place in the neighbourhood of the meeting of 114 parties en- titled to rights of common by advertise- ment. Notice of meeting to be affixed to parish church. Meeting so called to ap- point a committee. Committee so chosen to agree with the promoters as to com- pensation for extinc- tion of common rights, and receive the same. Disputes to be settled as in other cases. If no com- mittee appointed, to be deter- mined by a surveyor. Lands' Clauses, [8 Vict lands, for the purpose of their appointing a committee to treat with the promoters of the undertaking for the com- pensation to be paid for the extinction of such commonable or other rights ; and every such meeting shall be called by public advertisement, to be inserted once at least in two consecutive weeks in some newspaper circulating in the county or in the respective counties and in the neigh- bourhood in which such lands shall be situate, the last of such insertions being not more than fourteen nor less than seven days prior to any such meeting ; and notice of such meeting shall also, not less than seven days previous to the holding thereof, be affixed upon the door of the parish church where such meeting is intended to be held, or if there be no such church some other place in the neighbourhood to which notices are usually affixed ; and if such lands be parcel or holden of a manor, a like notice shall be given to the lord of such manor. 103. It shall be lawful for the meeting so called to ap- point a committee, not exceeding five in number, of the parties entitled to any such rights ; and at such meeting the decision of the majority of the persons entitled to commonable rights present shall bind the minority and all absent parties. 104. It shall be lawful for the committee so chosen to enter into an agreement with the promoters of the under- taking for the compensation to be paid for the extinction of such commonable and other rights, and all matters re- lating thereto, for and on behalf of themselves and all other parties interested therein ; and all such parties shall be bound by such agreement ; and it shall be lawful for such committee to receive the compensation so agreed to be paid, and the receipt of such committee, or of any three of them, for such compensation, shall be an effectual dis- charge for the same ; and such compensation, when re- ceived, shall be apportioned by the committee among the several persons interested therein, according to their respective interests, but the promoters of the undertaking shall not be bound to see to the apportionment or to the application of such compensation, nor shall they be liable for the misapplication or nonapplication thereof. 105. If upon such committee being appointed they shall fail to agree with the promoters of the undertaking as to the amount of the compensation to be paid as aforesaid, the same shall be determined as in other cases of disputed compensation. 106. If, upon being duly convened by the promoters of the undertaking, no effectual meeting of the parties entitled to such commonable or other rights shall take place, or if, taking place, such meeting fail to appoint such committee, the amount of such compensation shall be determined by cap. 18.] Lands' Clauses, 115 a surveyor, to be appointed by two justices, as herein- before provided in the case of parties who cannot be found. 107. Upon payment or tender to such committee, or Upon pay- any three of them, or if there shall be no such committee, ^lent or de- then upon deposit in the bank in the manner provided in P^^i* of the like case of the compensation which shall have been compeusa- agreed upon or determined in respect of such common- P^ P^^" able or other rights, it shall be lawful for the promoters ^ ^ ^ of the imdertaking, if they think fit, to execute a deed ^-^^ Dromo- poll, duly stamped, in the manner hereinbefore provided |.gj.g ^^^ in the case of the purchase of lands by them, and there- execute a upon the lands in respect of which such compensation deed poll, shall have been so paid or deposited shall vest in the pro- and there- moters of the undertaking, freed and discharged from all upon the such commonable or other rights, and they shall be lands to entitled to immediate possession thereof; and it shall be ^'^^t. lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, by an order to be made upon petition, to order payment of the money so deposited to a committee to be appointed as aforesaid, or to make such other order in respect thereto, for the benefit of the parties interested, as it shall think fit. And with respect to lands subject to mortgage, be it Lands in enacted as follows : mortgage. 108. It shall be lawful for the promoters of the under- taking to purchase or redeem the interest of the mortgagee Promoters of any such lands which may be required for the purposes ^^^ P"^" of the special act, and that whether they shall have previ- ^^^-^e orre- ously purchased the equity of redemption of such lands or ^^^ ^^^^' not, and whether the mortgagee thereof be entitled there- Jnortgagee to in his own right or in trust for any other party, and ' whether he be in possession of such lands by virtue of such mortgage or not, and whether such mortgage affect such lands solely, or jointly with any other lands not required for the purposes of the special act, and in order thereto the promoters of the undertaking may pay or ten- by paying der to such mortgagee the principal and interest due on principal, such mortgage, together with his costs and charges, if interest,and any, and also six months' additional interest, and there- costs, ^vith^ upon such mortgagee shall immediately convey his interest ^i^ "loi^tlis' in the lands comprised in such mortgage to the promoters ^^^^^^^i^J^^^ of the undertaking, or as they shall direct, or the promo- ^^"^''^^^' ters of the undertaking may give notice in writing to such or may give mortgagee that they will pay off the principal and interest notice to due on such mortgage at the end of six months, com- payoffprin- puted from the day of giving such notice ; and if they ?^P^^ ^^^ shall have given any such notice, or if the party entitled to ^"^^^^^^^'^ the equity of redemption of any such lands shall have J^^ontV^^ given six months' notice of his intention to redeem the 116 Lands m mortgage. Upon pay- ment or tender of money mortgagee to release his interest, If mortga- gee fail to release his interest in lands, pro- moters may deposit money in bank and execute a deed poll. Interest of mortgagee to vest in the promo- ters. If mort- gaged lands be of less value the compensa- tion to be settled by agreement or deter- mined as in other cases of disputed compensa- tion. Lands' Clauses, [8 Vict same, then at the expiration of either of such notices, or at any intermediate period, upon payment or tender by the promoters of the undertaking to the mortgagee of the principal money due on such mortgage, and the interest which would become due at the end of six months from the time of giving either of such notices, together with his costs and expenses, if any, such mortgagee shall convey or release his interest in the lands comprised in such mortgage to the promoters of the undertaking, or as they shall direct. 109. If, in either of the cases aforesaid, upon such pay- ment or tender, any mortgagee shall fail to convey or release his interest in such mortgage as directed by the promoters of the undertaking, or if he fail to adduce a good title thereto to their satisfaction, then it shall be law- ful for the promoters of the undertaking to deposit in the bank, in the manner provided by this act in like cases, the principal and interest, together with the costs, if any, due on such mortgage, and also, if such payment be made before the expiration of six months' notice as aforesaid, such further interest as would at that time become due ; and it shall be lawful for them, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon, as well as upon such conveyance by the mortgagee, if any such be made, all the estate and interest of such mortgagee, and of all persons in trust for him, or for whom he may be a trustee, in such lands, shall vest in the promoters of the undertaking, and they shall be entitled to immediate possession thereof in case such mort- gagee were himself entitled to such possession. 110. If any such mortgaged lands shall be of less value than the principal, interest, and costs secured thereon, the value of such lands, or the compensation to be made by the promoters of the undertaking in respect thereof, shall be settled by agreement between the mortgagee of such lands and the party entitled to the equity of redemption thereof on the one part, and the promoters of the under- taking on the other part, and if the parties aforesaid fail to agree respecting the amount of such value or compensa- tion, the same shall be determined as in other cases of disputed compensation ; and the amount of such value or compensation, being so agreed upon or determined, shall be paid by the promoters of the undertaking to the mort- gagee in satisfaction of his mortgage debt so far as the same will extend, and upon payment or tender thereof the mortgagee shall convey or release all his interest in such mortgaged lands to the promoters of the undertaking, or as they shall direct. I cap, 18. J Landii Clauses. 117 111. If, upon such payment or tender as aforesaid being If upon made, any such mortgagee fail so to convey his interest in payment or such mortgage, or to adduce a good title thereto to the lender satisfaction of the promoters of the undertaking, it shall ^prtgagee be lawful for them to deposit the amount of such value or *^^" *^ ^^^~ compensation in the bank, in the manner provided by this JJ^^' ^^^^" act in like cases, and every such payment or deposit shall deposit be accepted by the mortgagee in satisfaction of his mort- money in gage debt, so far as the same will extend, and shall be a i^ank and full discharge of such mortgaged lands from all money execute a due thereon ; and it shall be lawful for the promoters of deed poll, the undertaking, if they think fit, to execute a deed poll, duly stamped in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon such lands, as to all such estate and interest as were then vested in the mortgagee, or any person in trust for him, shall become absolutely vested in the promoters of the undertaking, and they shall be entitled to immediate pos- session thereof in case such mortgagee were himself entitled to such possession ; nevertheless, all rights and remedies Eights of possessed by the mortgagee against the mortgagor, by mortgagee virtue of any bond or covenant or other obligation, other against than the right to such lands, shall remain in force in mortgagor respect of so much of the mortgage debt as shall not have \^ remain been satisfied by such payment or deposit. ^^ force. 112. If a part only of any such mortgaged lands be re- If part only quired for the purposes of the special act, and if the part of mort- so required be of less value than the principal money, in- ^^^^^ lands terest, and costs secured on such lands, and the mortgagee ^^ required, shall not consider the remaining part of such lands a ?~^ ^Jtl^V^ sufficient security for the money charged thereon, or be r not willing to release the part so required, then the value ufent or de- of such part, and also the compensation (if any) to be paid termined as in respect of the severance thereof or otherwise, shall be in other settled by agreement between the mortgagee and the party cases of dis- entitled to the equity of redemption of such land on the puted corn- one part, and the promoters of the undertaking on the pensation. other, and if the parties aforesaid fail to agree respecting the amount of such value or compensation the same shall be determined as in other cases of disputed compensation ; and the amount of such value or compensation, being so agreed upon or determined, shall be paid by the promoters of the undertaking to such mortgagee in satisfaction of his mortgage debt, so far as the same will extend ; and there- upon such mortgagee shall convey or release to them, or Amount as they shall direct, all his interest in such mortgaged paid to be lands the value whereof shall have been so paid ; and a endorsed on memorandum of what shall have been so paid shall be en- mortgage dorsed on the deed creating such mortgage, and shall be deed. 118 Lands' Clauses » [8 Vict If upon pay- ment or tender mortgagee fail to con- vey, pro- deposit money in bank and execute a deed poll. Lands in signed by the mortgagee ; and a copy of such memoran- mortgage. dum shall at the same time (if required) be furnished by the promoters of the undertaking, at their expense, to the party entitled to the equity of redemption of the lands comprised in such mortgage deed. 113. If, upon payment or tender to any such mortgagee of the amount of the value or compensation so agreed upon or determined, such mortgagee shall fail to convey or re- lease to the promoters of the undertaking, or as they shall direct, his interest in the lands in respect of which such compensation shall so have been paid or tendered, or if he 1pt)o^"V^^^^ shall fail to adduce a good title thereto to the satisfaction of the promoters of the undertaking, it shall be lav^^ful for the promoters of the undertaking to pay the amount of such value or compensation into the bank, in the manner provided by this act in the case of monies required to be deposited in such bank, and such payment or deposit shall be accepted by such mortgagee in satisfaction of his mortgage debt, so far as the same will extend, and shall be a full discharge of the portion of the mortgaged lands so required from all money due thereon ; and it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon such lands shall become abso- lutely vested in the promoters of the undertaking, as to all such estate and interest as were then vested in the mort- gagee, or any person in trust for him, and in case such mortgagee were himself entitled to such possession they shall be entitled to immediate possession thereof; never- theless, every such mortgagee shall have the same powers and remedies for recovering or compelling payment of the mortgage money, or the residue thereof (as the case may be), and the interest thereof respectively, upon and out of the residue of such mortgaged lands, or the portion thereof not required for the purposes of the special act, as he would otherwise have had or been entitled to for recover- ing or compelling payment thereof upon or out of the whole of the lands originally comprised in such mortgage. 114. Provided always, that in any of the cases herein- before provided with respect to lands subject to mortgage, if in the mortgage deed a time shall have been limited for payment of the principal money thereby secured, and un- der the provisions hereinbefore contained the mortgagee shall have been required to accept payment of his mortgage cost f ^<^^^7? ^^ o^ P^^* thereof, at a time earlier than the time re-invest- ^^ limited, the promoters of the undertaking shall pay to ment. ^^^^ mortgagee, in addition to the sum which shall have been so paid off, all such costs and expenses as shall be Rights of mortgagee against re- sidue of mortgaged lands to re- . main in force. . In cases of mortgages to be paid off at a sti- pulated time, pro- moters to cap, 18.] Lands' Clauses, 119 incurred by such mortgagee in respect of or which shall Lands in be incidental to the re-investment of the sum so paid off, mortgage such costs in case of difference to be taxed and payment thereof enforced in the manner herein provided with respect to the costs of conveyances ; and if the rate of in- terest secured by such mortgage be higher than at the time of the same being so paid off can reasonably be ex- pected to be obtained on re-investing the same, regard being had to the then current rate of interest, such mort- and com- gagee shall be entitled to receive from the promoters of pensation the undertaking, in addition to the principal and interest f^or loss of hereinbefore provided for, compensation in respect of the interest, loss to be sustained by him by reason of his mortgage money being so prematurely paid off, the amount of such compensation to be ascertained, in case of difference, as in other cases of disputed compensation ; and until payment or tender of such compensation as aforesaid the promoters of the undertaking shall not be entitled, as against such mortgagee, to possession of the mortgaged lands under the provision hereinbefore contained. And with respect to lands charged with any rent ser- Rent- vice, rent-charge, or chief or other rent, or other payment charges. or incumbrance not hereinbefore provided for, be it enacted as follows : 115. If any difference shall arise between the promoters Differences of the undertaking and the party entitled to any such to be deter charge upon any lands required to be taken for the pur- ^i^ied as in poses of the special act, respecting the consideration to be ^^^^J cases paid for the release of such lands therefrom, or from the ^^ disputed portion thereof affecting the lands required for the pur- ^P^P^^^^' poses of the special act, the same shall be determined as in other cases of disputed compensation. 116. If part only of the lands charged with any such If part only rent service, rent-charge, chief or other rent, payment, or of lands be incumbrance, be required to be taken for the purposes of ^^^^^^^<^ the the special act, the apportionment of any such charge may apportion- be settled by agreement between the party entitled to ^^^^ ^^ such charge and the owner of the lands on the one part, ^®^*"^^'^^® and the promoters of the undertaking on the other part, ^^\ ^^ ^^ ' and if such apportionment be not so settled by agreement agreement the same shall be settled by two justices ; but if the re- or by two maining part of the lands so jointly subject be a sufficient justices, security for such charge, then, with consent of the owner of the lands so jointly subject, it shall be lawful for the party entitled to such charge to release therefrom the lands required, on condition or in consideration of such other lands remaining exclusively subject to the whole thereof. 117. Upon payment or tender of the compensation so If upon pay agreed upon or determined to the party entitled to any such charge as aforesaid, such party shall execute to the promoters of the undertaking a release of such charge ; and if he fail so to do, or if he fail to adduce good title to such charge, to the satisfaction of the promoters of the undertaking, it shall be lawful for them to deposit the amount of such compensation in the bank in the manner money in bank and execute a deed poll. Charge to taken. J 20 Lands' Clauses, [8 Vict, Rent- charges. ment or tender par- ties fail to release promoters' hereinbefore provided in like cases, and also, if they think may deposit ^^i ^^ execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them, and thereupon the rent service, rent-charge, chief or other rent, payment or incumbrance, or the por- tion thereof in respect whereof such compensation shall so have been paid, shall cease and be extinguished. 118. If any such lands be so released from any such continue on charge or incumbrance, or portion thereof, to which they lands not were subject jointly with other lands, such last-mentioned lands shall alone be charged with the whole of such charge, or with the remainder thereof, as the case may be, and the party entitled to the charge shall have all the same rights and remedies over such last-mentioned lands, for the whole or for the remainder of the charge, as the case may be, as he had previously over the whole of the lands subject to such charge ; and if upon any such charge or portion of charge being so released the deed or instru- ment creating or transferring such charge be tendered to the promoters of the undertaking for the purpose, they or two of them shall subscribe, or if they be a corporation shall affix their comm.on seal to a memorandum of such release endorsed on such deed or instrument, declaring what part of the lands originally subject to such charge shall have been purchased by virtue of the special act, and if the lands be released from part of such charge, what proportion of such charge shall have been released, and how much thereof continues payable, or if the lands so required shall have been released from the whole of such charge, then that the remaining lands are thence- forward to remain exclusively charged therewith ; and such memorandum shall be made and executed at the expense of the promoters of the undertaking, and shall be evidence in all courts and elsewhere of the facts therein stated, but not so as to exclude any other evidence of the same facts. Leases. ^^d with respect to lands subject to leases, be it enacted as follows : If part only 119. If any lands shall be comprised in a lease for a of lands * term of years unexpired, part only of which lands shall be under lease required for the purposes of the special act, the rent pay- be required, able in respect of the lands comprised in such lease snail Promoters to sub- scribe me- morandum on deed creating such charge, de- claring what part of lands have been purchased. cap. 18.] Lands' Clauses, 121 be apportioned between the lands so required and the the rent to residue of such lands ; and such apportionment may be l>e appor- settled by agreement between the lessor and lessee of tioued by such lands on the one part, and the promoters of the under- agreement taking on the other part, and if such apportionment be not ?^' ^7 *^^ so settled by agreement between the parties, such appor-/' tionment shall be settled by two justices ; and after such Lessee to apportionment the lessee of such lands shall, as to all be liable future accruing rent, be liable only to so much of the rent only for as shall be so apportioned in respect of the lands not re- ^^^^ of quired for the purposes of the special act ; and as to the ^^^^f "^^ lands not so required, and as against the lessee, the lessor ^^qiured. shall have all the same rights and remedies for the reco- very of such portion of rent as previously to such appor- tionment he had for the recovery of the whole rent reserved by such lease ; and all the covenants, conditions, and Covenants agreements of such lease, except as to the amount of rent of lease to to be paid, shall remain in force with regard to that part be in force of the land which shall not be required for the purposes with regard of the special act, in the same manner as they would have ^^ ^^^}^ ^^^^ done in case such part only of the land had been included ^^^l^i^^d. in the lease. 120. Every such lessee as last aforesaid shall be entitled Lessees to to receive from the promoters of the undertaking compen- l>e coiui^en- sation for the damage done to him in his tenancy by reason sated by of the severance of the lands required from those not promoters, required, or otherwise by reason of the execution of the works. 121. If any such lands shall be in the possession of any Tenants at person having no greater interest therein than as tenant will &c. to for a year or from year to year, and if such person be re- ^^ compen- quired to give up possession of any lands so occupied by --^^^^ by him before the expiration of his term or interest therein. Promoters. he shall be entitled to compensation for the value of his unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an in-coming tenant, and for any loss or injury he may sustain, or if a part only of such lands be required, compensation for the damage done to him in his tenancy by severing the lands held by him, or otherwise injuriously affecting the same ; and the amount of such compensation shall be determined Amount to by two justices, in case the parties differ about the same ; be deter- and upon payment or tender of the amount of such com- mined by pensation all such persons shall respectively deliver up to two justices the promoters of the undertaking, or to the person ap- ^^ ^^^ ^^ pointed by them to take possession thereof, any such lands ^^iffereoce. in their possession required for the purposes of the special act. 122. If any party, having a greater interest than as Parties G 122 Leases, claiming compensa- tion under a lease to l)roduce the same. Limit of time for compul- sory pur- ehase. Interests omitted to he pur- chased. Promoters may pur- chase inte- rests in lands the purchase whereof have been omitted by mistake. Within six months after notice or recogni- tion of right of claimant promoters to pay com- pensation, Lands' Clauses. [8 Vict tenant at will, claim compensation in respect of any unex- pired term or interest under any lease or grant of any such lands, the promoters of the undertaking may require such party to produce the lease or grant in respect of which such claim shall be made, or the best evidence thereof in his power ; and if, after demand made in writing by the promoters of the undertaking, such lease or grant, or such best evidence thereof, be not produced within twenty- one days, the party so claiming compensation shall be consi- dered as a tenant holding only from j^ear to year, and be entitled to compensation accordingly. 123. And be it enacted. That the powers of the pro- moters of the undertaking for the compulsory purchase or taking of lands for the purposes of the special act shall not be exercised after the expiration of the prescribed period, and if no period be prescribed not after the expiration of three years from the passing of the special act. And with respect to interests in lands which have by mistake been omitted to be purchased, be it enacted as follows : 124. If, at any time after the promoters of the under- taking shall have entered upon any lands which under the provisions of this or the special act, or any act incorpo- rated therewith, they were authorized to purchase, and which shall be permanently required for the purposes of the special act, any party shall appear to be entitled to any estate, right, or interest in or charge affecting such lands which the promoters of the undertaking shall through mistake or inadvertence have failed or omitted duly to purchase or to pay compensation for, then, whether the period allowed for the purchase of lands shall have expired or not, the promoters of the undertaking shall remain in the undisturbed possession of such lands, provided within six months after notice of such estate, right, interest, or charge, in case the same shall not be disputed by the pro- moters of the undertaking, or in case the same shall be disputed then within six months after the right thereto shall have been finally established by law in favour of the party claiming the same, the promoters of the undertaking shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the promoters of the undertaking thereon and the time of the payment of such purchase money or compensation by the promoters of the under- taking, so far as such mesne profits or interest may be recoverable in law or equity ; and such purchase money cap, 18.] Lands' Clauses. 128 or compensation shall be agreed on or awarded and paid to be in like manner as according to the provisions of this act agieedonor the same respectively would have been agreed on or awarded awarded and paid in case the promoters of the undertaking ^^^^^^^ /J^ had purchased such estate, right, interest, or charge ^^^ p^^_ ^" before their entering upon such land, or as near thereto as ^^^l circumstances will admit. 125. In estimating the compensation to be given for Value of any such last-mentioned lands, or any estate or interest in such lands the same, or for any mesne profits thereof, the jury, or to be esti- arbitrators, or justices, as the case may be, shall assess the mated with same according to what they shall find to have been the ^^\ I'egai-d value of such lands, estate, or interest, and profits, at the *^ improve- time such lands were entered upon by the promoters of . -q^q^q. the undertaking, and without regard to any improvements ^^^.g or works made in the said lands by the promoters of the undertaking, and as though the works had not been con- structed. 126. In addition to the said purchase money, compen- Promoters sation, or satisfaction, and before the promoters of the to pay costs undertaking shall become absolutely entitled to any such of litigation estate, interest, or charge, or to have the same merged or as to such extinguished for their benefit, they shall, when the right lands, if to any such estate, interest, or charge shall have been dis- right deter- puted by the company, and determined in favour of the ^^^^^ ^^ party claiming the same, pay the full costs and expenses 'jT:^^ \ of any proceedings at law or in equity for the determina- tion or recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place ; and such costs and expenses shall, in case the same shall be disputed, be settled by the proper officer of the court in which such litigation took place. And with respect to lands acquired by the promoters Sale of su- of the undertaking under the provisions of this or the perfluous special act, or any act incorporated therewith, but which l^ind. shall not be required for the purposes thereof, be it enacted as follows : 127. Within the prescribed period, or if no period be Within pre prescribed within ten years after the expiration of the time scribed limited by the special act for the completion of the works, period lands the promoters of the undertaking shall absolutely sell and ^'^^ wanted dispose of all such superfluous lands, and apply the pur- ^^ ® ^^ ' chase money arising from such sales to the purposes of the special act ; and in default thereof all such superfluous in default to lands remaining unsold at the expiration of such period vest in shall thereupon vest in and become the property of the owners of owners of the lands adjoining thereto, in proportion to adjoining the extent of. their lands respectively adjoining the same, l^^^^ls. 128. Before the promoters of the undertakmg^ dispose of Superflu- G 2 124 LmM OmmtM^ [8 VkL Mkiiis anjsodisiipeffliioiK lands ffaefdnI],iuile6ssiicli]iDds be ^cfi"nds so proposed to be sdd, such persons being' capaUe of entering mto a contract fiv the pDicfaase of sndk lands ; and where more than one sodi poson shall be entiUed to aodir^^litofpre-en^tionsaehc^fer shall be made to such persons in soceesrion, one after anodier, in soch order as tiie promoters of tiie undertaking shall think fit Bi|^of 129. If anjrsndb persons be desiroos of porchaang soch fie^eaiflion hrnds, then widun six weeks after snch o&r of sale thejr to be daifli- shall signify their denie in tiiat behalf to the {oomot^sof ^^^"^ theinidertaking, authorized to take or use for the purposes aforesaid, ^^^ ^"'^' would be more fitting to be used by the company than the ^^^ ^^^^ lands of the person who shall have been so summoned as ^^'^^^ ^®" aforesaid, it shall be lawful for the said justices to adjourn ^^^ deter- such inquiry, and to summon such other person to appear mine finally before them at any time, not being more than fourteen which lands days from such inquiry nor less than seven days from the shall be service of such summons ; and on the appearance of the used, parties, or, in the absence of any of them, on proof of due service of the summons, it shall be lawful for such justices to determine finally which lands shall be used for the purposes aforesaid, and to authorize the company to occupy and use the same accordingly. 39. Before entering, under the provisions hereinbefore Company contained, upon any such lands as shall be required for before en- spoil banks or for side cuttings, or for obtaining materials tering upon or forming roads as aforesaid, the company shall, if re- lands to quired by the owner or occupier thereof, seven days at ^y^^ sure- least before the expiration of the notice to take such lands ^^^? ^^^®' as hereinbefore mentioned, find two sufficient persons, to ^""'^^ ^^^ be approved of by a justice, in case the parties differ, who com^ensa- shall enter into a bond to such owner or occupier in a tion^^'^^ penalty of such amount as shall be approved of by such justice, in case the parties differ, conditioned for the pay- ment of such compensation as may become payable in respect of the same in manner herein mentioned. 40. Before the company shall use any such lands for Company any of the purposes aforesaid, they shall, if required so to before 150 Railways'* Clauses, [8 Vict. using such do bj the owner or occupier thereof, separate the same by lands to se- a sufficient fence from the lands adjoining thereto, with parate them g^^^j gates as may be required by the said owner or occu- roni ad- pj^^, £^j. ^^^ convenient occupation of such lands, and shall lands^and ^^^^' *^ ^^ pi'ivate roads used by them as aforesaid, put up nut un fences and gates in like manner, in all cases where the fences and same may be necessary to prevent the straying of cattle gates. ^^'^"^ ^^ upon the lands traversed by such roads, and in case of any difference between the owners or occupiers of such roads and lands and the company as to the necessity for such fences and gates, such fences and gates as any two magistrates shall deem necessary for the purposes afore- said, on application being made to them in like manner as hereinbefore is provided in respect to the use of such roads. Lands 41. That if any land shall be taken or used by the corn- taken for pany, under the provisions of this or the special act, for the getting ma- purpose of getting materials therefrom for the construction terials &c. ^^ repair of the railway, or the accommodation works ^ ^ , connected therewith, they shall work the same in such the surveyor ^^^^^^ ^^ the surveyor or agent of the owner of such land of owner shall direct, or, in case of disagreement between such sur- may direct, veyor or agent and the company, in such manner as any justice shall direct, on the application of either party, after notice of the hearing the application shall have been given to the other party. Owners of 42. In all cases in which the company shall in exercise lands may of the powers aforesaid enter upon any lands for the pur- compel pose of making spoil banks or side cuttings thereon, or for company to obtaining therefrom materials for the construction or re- purchase p^-j, q£ ^^^ railway, it shall be lawful for the owners or an s so occupiers of such lands, or parties having such estates or occunied interests therein as, under the provisions in the said Lands' Clauses Consolidation Act mentioned, would enable them to sell or convey lands to the company, at any time during the possession of any such lands by the company, and before such owners or occupiers shall have accepted com- pensation from the company in respect of such temporary occupation, to serve a notice in writing on the company, requiring them to purchase the said lands, or the estates and interests therein capable of being sold and conveyed by them respectively ; and in such notice such owners or occupiers shall set forth the particulars of such their estate or interest in such lands, and the amount of their claim in respect thereof ; and the company shall thereupon be bound to purchase the said lands, or the estate and interest therein capable of being sold and conveyed by the parties serving such notice. Company 43. In any of the cases aforesaid, where the company cap, 20.] Railways^ Clauses. 151 shall not be required to purchase such lands, and in all to make other cases where they shall take temporary possession of compensa- lands by virtue of the powers herein or in the special act ^^^^ ^^^ granted, it shall be incumbent on the company, within one temporary month after their entry upon such lands, upon being re- ^^^upation quired so to do, to pay to the occupier of the said lands the ' value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands, and shall also from time to time during their occupation of the said lands pay half-yearly to such occupier, or to the owner of the lands, as the case may require, a rent to be fixed by two justices, in case the and pay a parties diifer, and shall also within six months after they ^®^^ ^^ be shall have ceased to occupy the said lands, and not later ^^®^. ^y than six months after the expiration of the time by the ^^^ ^^^' special act limited for the completion of the railway, pay ^°^^' to such owner and occupier, or deposit in the bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers herein ^^^ '"" or in the special act granted, including the full value of "® ? ^^ all clay, stone, gravel, sand, and other things taken from J^^^" such lands. 44. The amount and application of the purchase money Compensa- and other compensation payable by the company in any of tion to be the cases aforesaid shall be determined in the manner pro- ascertained vided by the said Lands' Clauses Consolidation Act for de- under the termining the amount and application of the compensation ^ ^^^' ^- ^^• to be paid for lands taken under the provisions thereof. 451 And be it enacted. That it shall be lawful for the Lands for company, in addition to the lands authorized to be com- additional pulsorily taken by them under the powers of this or the stations. special act, to contract with any party willing to sell the same for the purchase of any land adjoining or near to the Company railway, not exceeding in the whole the prescribed number ^^^ P^' of acres for extraordinary purposes ; (that is to say,) £ ^^f „ For the purpose of making and providing additional a^iditional stations, yards, wharfs, and places for the accommo- stations &c. dation of passengers, and for receiving, depositing, and loading or unloading goods or cattle to be con- veyed upon the railway, and for the erection of weigh- ing machines, toll-houses, offices, warehouses, and other buildings and conveniences : For the purpose of making convenient roads or ways to and for the railway, or any other purpose which may be re- making quisite or convenient for the formation or use of the roads. railway. 152 Crossing of roads and construc- tion of bridges. Railway not to cross roads on the level unless otherwise provided by special act. Proviso as to high- ways. If railway cross public roads on a level com- pany to erect gates and keep the same closed across such roads. Railways* Clauses. [8 Vict Board of Trade may order that such gates be kept closed across rail- way instead of across roads. Trains not to cross roads ad- joining stations at And with respect to the crossing of roads, or other inter- ference therewith, be it enacted as follows : 46. If the line of the railway cross any turnpike road or public highway, then (except where otherwise pro- vided by the special act) either such road shall be carried over the railway, or the railway shall be carried over such road, by means of a bridge, of the height and width and with the ascent or descent by this or the special act in that behalf provided ; and such bridge, with the immediate approaches, and all other necessary works connected there- with, shall be executed and at all times thereafter main- tained at the expense of the company : provided always, that, with the consent of two or more justices in petty sessions, as after mentioned, it shall be lawful for the com- pany to carry the railway across any highway, other than a public carriage road, on the level. 47. If the railway cross any turnpike road or public carriage road on a level, the company shall erect and at all times maintain good and sufficient gates across such road, on each side of the railway where the same shall commu- nicate therewith, and shall employ proper persons to open and shut such gates : and such gates shall be kept con- stantly closed across such road on both sides of the railway, except during the time when horses, cattle, carts, or car- riages passing along the same shall have to cross such rail- way ; and such gates shall be of such dimensions and so constructed as w^hen closed to fence in the railway, and prevent cattle or horses passing along the road from enter- ing upon the railway ; and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts, or carriages shall have passed through the same, under a penalty of forty shillings for every default therein ; provided always, that it shall be lawful for the Board of Trade, in any case in which they are satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road, should be kept closed across the railway, to order that such gates shall be kept so closed, instead of across the road, and in such case such gates shall be kept con- stantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 48. Where the railway crosses any turnpike road on a level adjoining to a station, all trains on the railway shall be made to slacken their speed before arriving at such turnpike road, and shall not cross the same at any greater rate of speed than four miles an hour ; and the company cap» 20.] Railways' Clauses. 153 shall be subject to all such rules and regulations with more than regard to such crossings as may from time to time be made four miles by th^ Board of Trade. an hour. 49. Every bridge to be erected for the purpose of car- Construc- rying the railway over any road shall (except where other- *ion of wise provided by the special act) be built in conformity bridges with the following regulations ; (that is to say,) " °^^^ ^^^•^®' The width of the arch shall be such as to leave there- Width of under a clear space of not less than thirty-five feet if arch, the arch be over a turnpike road, and of twenty- five feet if over a public carriage road, and of twelve feet if over a private road : The clear height of the arch from the surface of the Height of road shall not be less than sixteen feet for a space of arch over twelve feet if the arch be over a turnpike road, and puhhe fifteen feet for a space of ten feet if over a public car- ''oads. riage road ; and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet : The clear height of the arch for a space of nine feet Over pri- shall not be less than fourteen feet over a private car- vate roads, riage road : The descent made in the road in order to carry the Descent in same under the bridge shall not be more than one ^oads &c. foot in thirty feet if the bridge be over a turnpike road, one foot in twenty feet if over a public carriage road, and one foot in sixteen feet. if over a private carriage road, not being a tramroad or railroad, or if the same be a tramroad or railroad the descent shall not be greater than the prescribed rate of inclination, and if no rate be prescribed the same shall not be greater than as it existed at the passing of the special act. 50. Every bridge erected for carrying any road over Construc- the railway shall (except as otherwise provided by the tion of special act) be built in conformity with the following bridges over regulations ; (that is to say,) railway. There shall be a good and sufficient fence on each side Fence, of the bridge of not less height than four feet, and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space be- Width of tween the fences thereof of thirty-five feet if the road road, be a turnpike road, and twenty-five feet if a public carriage road, and twelve feet if a private road : The ascent shall not be more than one foot in thirty Ascent of feet if the road be a turnpike road, one foot in twenty road, feet if a public carriage road, and one foot in sixteen feet if a private carriage road, not being a tramroad h3 154 Crossing of roads and construc- tion of bridgiss. Width of bridges need not exceed the width of roads in certain cases. If road afterwards widened bridges to be also widened. Railways^ Clauses. [8 Vict, Existing inclinations of roads crossed or diverted need not be improved. Before roads inter- fered with, others to be substituted. or railroad, or if the same be a tramroad or railroad the ascent shall not he greater than the prescribed rate of inclination, and if no rate be prescribed the same shall not be greater than as it existed at the passing of the special act. 51. Provided always, That in all cases where the aver- age available width for the passage of carriages of any existing roads within fifty yards of the points of crossing the same is less than the width hereinbefore prescribed for bridges over or under the railway, the width of such bridges need not be greater than such average available width of such roads, but so nevertheless that such bridges be not of less width, in the case of a turnpike road or public carriage road, than twenty feet : provided also, that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the company shall be bound, at their own expense, to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road, not exceeding the width of such road as so widened, or the maximum width herein or in the special act pre- scribed for a bridge in the like case over or under the railway. 52. Provided also. That if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same, or the inclination of such portion of any road as may require to be altered, or for which an- other road shall be substituted, shall be steeper than the inclination hereinbefore required to be preserved by the company, then the company may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed, or of the road so requiring to be altered, or for which another road shall be substituted. 53. If, in the exercise of the powers by this or the spe- cial act granted, it be found necessary to cross, cut through, raise, sink, or use any part of any road, whether carriage road, horse road, tramroad, or railway, either public or private, so as to render it impassable for or dangerous or extraordinarily inconvenient to passengers or carriages, or to the persons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall at their own expense main- tain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be. cap, 20.] Railways^ Clauses. 155 54. If the company do not cause another sufficient If company road to be so made before they interfere with any such do not sub- existing road as aforesaid, they shall forfeit twenty pounds stitute a for every day during which such substituted road shall I^.*^^^, ^^^' not be made after the existing road shall have been inter- f^^ ^ ^^^ rupted ; and such penalty shall be paid to the trustees, *^" commissioners, surveyor, or other person having the management of such road, if a public road, and shall be applied for the purposes thereof, or in case of a private road the same shall be paid to the owner thereof, and every such penalty shall be recoverable with costs by action in any of the superior courts. 65. If any party entitled to a right of way over any Party suf- road so interfered with by the company shall suffer any fering da- special damage by reason that the company shall fail to ?^^^® ^^^^ cause another sufficient road to be made before they inter- i^ternip- fere with the existing road, it shall be lawful for such ^'^^ ^^""^^ party to recover the amount of such special damage from ^Zl^^^Jl^ fi- "^ 'XT- i. 1, i.' xu • « man action the company, with costs, by action on the case m any of ^^ ^j^g ^^^ the superior courts, and that whether any party shall have sued for such penalty as aforesaid or not, and without pre- judice to the right of any party to sue for the same. 56. If the road so interfered with can be restored com- Company to patibly with the formation and use of the railway, the restore same shall be restored to as good a condition as the same ^^^^^ inter- was in at the time when the same was first interfered with ^^^^" with, by the company, or as near thereto as may be; and if or put sub- such road cannot be restored compatibly with the forma- . . . tion and use of the railway, the company shall cause the permanent- new or substituted road, or some other sufficient substi- jy substan- tuted road, to be put into a permanently substantial con- tial condi- dition, equally convenient as the former road, or as near tion. thereto as circumstances will allow ; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following periods after the first operation on the former road shall have been commenced, unless the trustees or parties having the management of the road to be restored by writing under their hands consent to an exten- sion of the period, and in such case within such extended Period for period ; (that is to say,) if the road be a turnpike road, restoration, within six months, and if the road be not a turnpike road, within twelve months. 57. If any such road be not so restored, or the substituted If road be road so completed as aforesaid, within the periods herein notrestored or in the special act fixed for that purpose, the company or substi- shall forfeit to the trustees, commissioners, surveyor, or ^^^^d road other person having the management of the road inter- completed fered with by the companj^, if a public road, or if a private '^^^i^ 156 period com- pany to for- feit 5/. per day. Company to repair roads used by them. Justices may deter- mine dis- putes as to repairs and impose penalty of 61. per day. Allowance for tolls. Company to give notice of applica- tion to jus- tices for consent to level cross- ings of highways. Justices may con- sent that highways be crossed OR level. Parties ag- Railways^ Clauses. [8 Vict, road to the owner thereof, five pounds for every day after the expiration of such periods respectively during which such road shall not be so restored or the substituted road completed ; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred. 58. If in the course of making the railway the com- pany shall use or interfere with any road they shall from time to time make good all damage done by them to such road ; and if any question shall arise as to the damage done to any such road by the company, or as to the repair thereof by them, such question shall be referred to the determination of two justices ; and such justices may direct such repairs to be made in the state of such road, in respect of the damage done by the company, and within such period as they think reasonable, and may impose on the company, for not carrying into eifect such repairs, any penalty not exceeding five pounds per day as to such jus- tices shall seem just ; and such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the company, if a public road, and be applied for the purposes of such road, or if a private road, the same shall be paid to the owner thereof : pro- vided always, that in determining any such question with regard to a turnpike road, the said justices shall have regard to and shall make full allowance for any tolls that may have been paid by the company on such road in the course of the using thereof. 59. When the company shall intend to apply for the consent of two justices, as hereinbefore provided, so as to authorize them to carry the railway across any highway other than a public carriage road on the level, they shall, fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made, cause notice of such intended application to be given in some newspaper circulating in the county, and also to be affixed upon the door of the parish church of the parish in which such crossing is intended to be made, or if there be no such church some other place to which notices are usually affixed ; and if it appear to any two or more jus- tices acting for the district in which such highway at the proposed crossing thereof is situate, and assembled in petty sessions, after such notice as aforesaid, that the rail- way can, consistently with a due regard to the public safety and convenience, be carried across such highway on the level, it shall be lawful for such justices to consent that the same may be so carried accordingly. 60. If either party shall feel aggrieved by the determi- cap, 20.] Railways^ Clames, 157 nation of such justices upon any such application as afore- Crossing of said, it shall be lawful for such party, in like manner roads and and subject to the like conditions as are hereinafter pro- construc- vided in the case of appeals in respect of penalties and for- ^*^.^ ^f feitures, to appeal to the quarter sessions of the county or ^''^^dges. place in which the cause of appeal shall have arisen ; and . 7" it shall be lawful for the justices in such quarter sessions, ^^^^ ^q^^ upon the hearing of such appeal, either to confirm or quaver quash the determination, or to make such other order in sessions regard to the method of carrying the railway across such against the highway as aforesaid, as to them shall seem fit, and to determina- make such order concerning the costs both of the original tion of the application and of the appeal, as to them shall seem rea- justices, sonable. 61. If the railway shall cross any highway other than Company to a public carriage way on the level, the company shall at niake ap- their own expense make and at all times maintain conve- pi'oaches nient ascents and descents and other convenient approaches, ^^^ fences wdth handrails or other fences, and shall, if such highway *^ hridle- be a bridleway, erect and at all times maintain good and T^^^^ ^ sufficient gates, and if the same shall be a footway, good \ and sufficient gates or stiles, on each side of the railway ^^^ jg^^j where the highway shall communicate therewith. 62. If, where the railway shall cross any highway on On failure the level, the company fail to make convenient ascents of company and descents or other convenient approaches, and such justices handrails, fence, gates, and stiles as they are hereinbefore ^^Y order required to make, it shall be lawful for two justices, on approaches the application of the surveyor of roads, or of any two ^"^ fences householders within the parish or district where such |^ J'? ^^^ crossing shall be situate, after not less than ten days' notice ^ ^^ " to the company, to order the company to make such ascent ijj/on the" and descent or other approach, or such handrails, fences, jgy^j gates, or stiles as aforesaid, within a period to be limited for that purpose by such justices ; and if the company fail Penalty for to comply with such order they shall forfeit five pounds for noncom- every day that they fail so to do ; and it shall be lawful pliance. for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such person as they think fit, in executing the work in respect whereof such penalty was incurred. 63. If the commissioners or trustees of any turnpike Screens for road, or the surveyor of any highway, apprehend danger turnpike to the passengers on such road in consequence of horses roads. being frightened by the sight of the engines or carriages travelling upon the railway, it shall be lawful for such Tol)emade, commissioners, or trustees, or surveyor, after giving four- }^^^^ \ teen days' notice to the company, to apply to the Board of q^^^^^ Trade with respect thereto ; and if it shall appear to the 158 Screens for turnpike roads. Railways* Clauses, [8 Vict. If company fail to con- struct such screens, to forfeit 5/. per day. Construc- tion, of bridges. Justices may order repair of bridges, fences, gates, &c. Penalty for noncom- pliance. Disputes as to the con- struction of certain roads, bridges, &c. may be re- ferred to the Board of Trade. said board that such danger might be obviated or lessened by the construction of any works in the nature of a screen near to or adjoining the side of such road, it shall be law- ful for them, if they shall think fit, to certify the works necessary or proper to be executed by the company for the purpose of obviating or lessening such danger, and by such certificate to require the company to execute such works within a certain time after the service of such cer- tificate, to be appointed by the said board. 64. Where by any such certificate as aforesaid the com- pany shall have been required to execute any such work in the nature of a screen, they shall execute and com- plete the same within the period appointed for that pur- pose in such certificate ; and if they fail so to do, they shall forfeit to the said commissioners, or trustees, or sur- veyor, five pounds for every day during which such works shall remain uncompleted beyond the period so appointed for their completion ; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred. 65. Where, under the provisions of this or the special act, or any act incorporated therewith, the company are required to maintain or keep in repair any bridge, fence, approach, gate, or other work executed by them, it shall be lawful for two justices, on the application of the surveyor of roads, or of any two householders of the parish or district where such work may be situate, complaining that any such work is out of repair, after not less than ten days' notice to the company, to order the company to put such work into com- plete repair within a period to be limited for that purpose by such justices ; and if the company fail to comply with such order, they shall forfeit five pounds for every day that they fail so to do; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such persons as they think fit, in putting such work into repair. QQ. And whereas expense might frequently be avoided, and public convenience promoted, by a reference to the Board of Trade upon the construction of public works of an engineering nature connected with the railway, where a strict compliance with the provisions of this or the special act might be impossible, or attended with inconvenience to the company and without adequate advantage to the public ; be it enacted, that in case any difference in regard to the construction, alteration, or restoration of any road or bridge or other public work of an engineering nature, required by the provisions of this cap. 20.] Railways^ Clauses. 159 or the special act, shall arise hetween the company and Construc- any trustees, commissioners, surveyors, or other persons tion of having the control of or being authorized by law to enforce bridges. the construction of such road, bridge, or work, it shall be lawful for either party, after giving fourteen days' notice in vsrriting of their intention so to do to the other party, to apply to the Board of Trade to decide upon the proper manner of constructing, altering, or restoring such road, bridge, or other work ; and it shall be lawful for the Board Board of of Trade, if they shall think fit, to decide the same accord- Trade may ingly, and to authorize, by certificate in writing, any authorize arrangement or mode of construction in regard to any such o^hermodes road, bridge, or other work, which shall appear to them ^. ^o^^^^^^" either to be in substantial compliance with the provisions of this and the special act, or to be calculated to afford equal or greater accommodation to the public using such road, bridge, or other work ; and after any such certificate shall have been given by the Board of Trade, the road, bridge, or other work therein mentioned shall be con- structed by the company in conformity with the terms of such certificate, and being so constructed shall be deemed to be constructed in conformity with the provisions of this and the special act : provided always, that no such Private in- certificate shall be granted by the Board of Trade unless terests not they shall be satisfied that existing private rights or to be affect- interests will not be injuriously affected thereby. ^^• 67. And be it enacted, That all regulations, certificates, Autlientica- notices, and other documents in writing purporting to be tion of cer- made or issued by or by the authority of the Board of tificates of Trade, and signed by some officer appointed for that pur- *^® Board pose by the Board of Trade, shall for the purposes of this ^^ Trade, and the special act, and any act incorporated therewith, be deemed to have been so made and issued, and that without proof of the authority of the person signing the same, or of the signature thereto, which matters shall be presumed until the contrary be proved ; and service of Service of any such document, by leaving the same at one of the notices on principal offices of the railway company, or by sending company, the same by post addressed to the secretary at such office, shall be deemed good service upon the company ; and all notices and other documents required by this or the To Board special act to be given to or laid before the Board of Trade of Trade, shall be delivered at, or sent by post addressed to, the office of the Board of Trade in London. And with respect to works for the accommodation of Works for lands adjoining the railway, be it enacted as follows : accommo- 68. The company shall make and at all times thereafter dation of maintain the following works for the accommodation of lands. the owners and occupiers of lands adjoining the railway ; (that is to say,) 160 Gates, bridges, &c. Railways' Clauses, [8 Vict. Fences. Brains. Watering places. Such works not to ob • struct working of railway. Differences as to ac- commoda- Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to or from the railway as shall be neces- sary for the purpose of making good any interruptions caused by the railw^ay to the use of the lands through which the railway shall be made ; and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed, or during the formation thereof: Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout, by reason of the railway, together with all necessary gates made to open towards such adjoining lands, and not towards the railway, and all necessary stiles ; and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be : Also all necessary arches, tunnels, culverts, drains or other passages, either over or under or by the sides of the railway, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway, or as nearly so as may be ; and such works shall be made from time to time as the railway works proceed : Also proper watering places for cattle where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering places ; and such watering places shall be so made as to be at all times as suffi- ciently supplied with water as theretofore, and as if the railway had not been made, or as nearly so as may be ; and the company shall make all necessary watercourses and drains for the purpose of conveying water to the said watering places : Provided always, that the company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway, nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive, and shall have been paid compensation instead of the making them. 69. If any difference arise respecting the kind or num- ber of any such accommodation works, or the dimensions or sufficiency thereof, or respecting the maintaining cap, 20.] Railways' Clauses. 161 thereof, the same shall be determined by two justices ; tion works and such justices shall also appoint the time within which to be set- such works shall be commenced and executed by the ^fed by jus- company. ^^^^^• 70. If for fourteen days next after the time appointed On failure by such justices for the commencement of any such works of company the company shall fail to commence such works, or having owners may commenced shall fail to proceed diligently to execute the execute same in a sufficient manner, it shall be lawful for the party ^^^ works aggrieved by such failure himself to execute such works ^^ g^^.^^^ or repairs ; and the reasonable expenses thereof shall be repaid by the company to the party by whom the same shall so have been executed ; and if there be any dispute Disputes as about such expenses the same shall be settled by two to expenses justices : provided always, that no such owner or occupier to be set- or other person shall obstruct or injure the railway, or *}^^ ^y J^^' any of the works connected therewith, for a longer time ^^^^^* nor use them in any other manner than is unavoidably necessary for the execution or repair of such accommoda- tion works. 71. If any of the owners or occupiers of lands affected Owners by such railway shall consider the accommodation works may make made by the company, or directed by such justices to be additional made by the company, insufficient for the commodious use accommo- of their respective lands, it shall be lawful for any such *l^tion owner or occupier, at any time, at his own expense, to ^^^^^ ^* make such further works for that purpose as he shall ^^^ ^^^ think necessary, and as shall be agreed to by the com- ^ pany, or, in case of difference, as shall be authorized by two justices. 72. If the company so desire, all such last -mentioned Such works accommodation works shall be constructed under the to be con- superintendence of their engineer, and according to plans structed and specifications to be submitted to and approved by such under the engineer; nevertheless the company shall not be entitled ^^P^P^i- to require, either that plans should be adopted which J^^^^^^^e of would involve a greater expense than that incurred in the ^ ^,^^' execution of similar works by the company, or that the „\j^qj. plans selected should be executed in a more expensive manner than that adopted in similar cases by the company. 73. The company shall not be compelled to make any Accommo- further or additional accommodation works for the use of dation owners and occupiers of land adjoining the railway after works not the expiration of the prescribed period, or, if no period be toberequir- prescribed, after five years from the completion of the ^ ^ ^^ ^® X ' mj 1 vears works and the opening of the railway for public use. ^ 74. Until the company shall have made the bridges or Owners to other proper communications which they shall, under the be allo\^ed provisions herein, or in the special act, or any act incor- to cross 162 railway until ac- commoda- tion works are made. Railways* Clauses. [8 Vict Proviso. Persons omitting to fasten gates liable to forfeit 21. Branch railways. Owners may make private branch rail- ways com- municating with the railway. 5 & 6 Vict. c. 55. 8. 12. Kestric- tions and conditions. porated therewith, contained, have been required to make between lands intersected by the railway, and no longer, the owners and occupiers of such lands, and any other persons whose right of way shall be affected by the want of such communication, and their respective servants, may at all times freely pass and repass, with carriages, horses and other animals, directly (but not otherwise) across the part of the railway made in or through their respective lands, solely for the purpose of occupying the same lands, or for the exercise of such right of way, and so as not to obstruct the passage along the railway, or to damage the same ; nevertheless, if the owner or occupier of any such lands have in his arrangements with the company received or agreed to receive compensation for or on account of any such communications, instead of the same being formed, such owner or occupier, or those claiming under him, shall not be entitled so to cross the railway. 75. If any person omit to shut and fasten any gate set up at either side of the railway, for the accommodation of the owners or occupiers of the adjoining lands, as soon as he, and the carriage, cattle or other animals, under his care, have passed through the same, he shall forfeit for every such oifence any sum not exceeding forty shillings. 76. And be it enacted, That this or the special act shall not prevent the owners or occupiers of lands adjoining to the railway, or any other persons, from laying down, either upon their own lands or upon the lands of other persons, with the consent of such persons, any collateral branches of railway to communicate with the railway, for the purpose of bringing carriages to or from or upon the railway, but under and subject to the provisions and restrictions of an act passed in the sixth year of the reign of her present Majesty, intituled "An Act for the better Regulation of Railways, and for the Conveyance of Troops ;" and the company shall, if required, at the ex- pense of such owners and occupiers and other persons, and subject also to the provisions of the said last-mentioned act, make openings in the rails, and such additional lines of rail as may be necessary for effecting such communi- cation, in places where the communication can be made with safety to the public, and without injury to the rail- way, and without inconvenience to the traffic thereon ; and the company shall not take any rate or toll or other monies for the passing of any passengers, goods, or other things along any branch so to be made by any such owner or occupier or other person ; but this enactment shall be subject to the following restrictions and conditions ; (that is to say,) No such branch railway shall run parallel to the railway : cap, 20.] Railways' Clauses. 163 The company shall not be bound to make any such Branch openings in any place which they shall have set apart raihvays. for any specific purpose with which such communi- cation would interfere, nor upon any inclined plane or bridge, nor in any tunnel : The persons making or using such branch railways shall be subject to all bye-laws and regulations of the company from time to time made with respect to passing upon or crossing the railway, and otherwise ; and the persons making or using such branch rail- ways shall be bound to construct, and from time to time, as need may require, to renew, the offset plates and switches according to the most approved plan adopted by the company, and under the direction of their engineer. And with respect to mines lying under or near the rail- Working of way, be it enacted as follows : mines. 77. The company shall not be entitled to any mines of coal, ironstone, slate, or other minerals under any land Company purchased by tliem, except only such parts thereof as shall i^o* to be be necessary to be dug or carried away or used in the ^'^t^"^*^ ^^ construction of the works, unless the same shall have been ^^J^^^^ ^ expressly purchased ; and all such mines, excepting as presslv Dur- aforesaid, shall be deemed to be excepted out of the con- chased, veyance of such lands, unless they shall have been expressly named therein and conveyed thereby. 78. If the owner, lessee, or occupier of any mines or Owners of minerals lying under the railway, or any of the works mines lying connected therewith, or within the prescribed distance, or, ^ear the where no distance shall be prescribed, forty yards there- railway to from, be desirous of working the same, such owner, lessee, ^^® notice or occupier shall give to the company notice in writing of J^ his intention so to do thirty days before the commence- ^^^ °^* ment of working ; and upon the receipt of such notice it shall be lawful for the company to cause such mines to be inspected by any person appointed by them for the pur- pose ; and if it appear to the company that the working of Company such mines or minerals is likely to damage the works of may pur- the railway, and if the company be willing to make com- chase such pensation for such mines or any part thereof to such d^i^^^s- owner, lessee, or occupier thereof, then he shall not work or get the same ; and if the company, and such owner, comnensa- lessee, or occupier, do not agree as to the amount of such tjon^ compensation, the same shall be settled as in other cases of disputed compensation. 79. If before the expiration of such thirty days the If company company do not state their willingness to treat with such unwilling to owner, lessee, or occupier for the payment of such com- purchase, pensation, it shall be lawful for him to work the said mines owner may 164 work the mines. Damage to railway by improper working of mines to be made good by owners. Railways^ Clauses. [8 Vict. If mines extend on both sides of railway owners may make airways and other com- munica- tions. Dimen- sions of such air- ways &c. Company to make com- pensation to owners for loss by in- terruption of con- tinuous working of such mines, or any part thereof for which the company shall not have agreed to pay compensation, so that the same be done in a manner proper and necessary for the beneficial working thereof, and according to the usual manner of working such mines in the district where the same shall be situate ; and if any damage or obstruction be occasioned to the railway or works by improper working of such mines, the same shall be forthwith repaired or removed, as the case may require, and such damage made good, by the owner, lessee, or occupier of such mines or minerals, and at his own expense ; and if such repair or removal be not forth- with done, or, if the company shall so think fit, without waiting for the same to be done by such owner, lessee, or occupier, it shall be lawful for the company to execute the same, and recover from such owner, lessee, or occupier the expense occasioned thereby, by action in any of the superior courts. 80. If the working of any such mines under the rail- way or works, or within the above-mentioned distance therefrom, be prevented as aforesaid by reason of appre- hended injury to the railway, it shall be lawful for the respective owners, lessees, and occupiers of such mines, and whose mines shall extend so as to lie on both sides of the railway, to cut and make such and so many airways, head- ways, gateways, or water levels through the mines, mea- sures, or strata, the working whereof shall be so prevented, as may be requisite to enable them to ventilate, drain, and work their said mines, but no such airway, headway, gateway, or water level shall be of greater dimensions or section than the prescribed dimensions and sections, and where no dimensions shall be described not greater than eight feet wide and eight feet high, nor shall the same be cut or made upon any part of the railway or works, or so as to injure the same, or to impede the passage thereon. 81. The company shall from time to time pay to the owner, lessee, or occupier of any such mines extending so as to lie on both sides of the railway all such additional expenses and losses as shall be incurred by such owner, lessee, or occupier by reason of the severance of the lands lying over such mines by the railway, or of the continuous working of such mines being interrupted as aforesaid, or by reason of the same being worked in such manner and under such restrictions as not to prejudice or injure the railway, and for any minerals not purchased by the company which cannot be obtained by reason of making and maintaining the railway ; and if any dispute or question shall arise between the company and such owner, lessee, or occupier as aforesaid, touching the amount of such losses or expenses, the same shall be settled by arbitration. cap, 20.] Railways' Clauses, 165 82. If any loss or damage be sustained by the owner or and also to occupier of the lands lying over any such mines the owuer of working whereof shall have been so prevented as aforesaid surface (and not being the owner, lessee, or occupier of such l^^^s fo^ mines), by reason of the making of any such airway or ^^^ th^^^^ other work as aforesaid, which or any like work would ^r^yu made not have been necessary to be made but for the working necessary of such mines having been so prevented as aforesaid, the \yy ^he rail- company shall make full compensation to such owner or wav. occupier of the surface lands for the loss or damage so sustained by him. 83. For better ascertaining whether any such mines are Company being worked, or have been worked so as to damage the may enter railway or works, it shall be lawful for the company, after ^^ inspect giving twenty-four hours' notice in writing, to enter upon the working any lands through or near which the railway passes "'^^^s. wherein any such mines are being worked or are supposed so to be, and to enter into and return from any such mines or the works connected therewith ; and for that purpose it shall be lawful for them to make use of any apparatus or machinery belonging to the owner, lessee, or occupier of such mines, and to use all necessary means for discovering the distance from the railway to the parts of such mines which are being worked or about so to be. 84. If any such owner, lessee, or occupier of any such Owners re- mine shall refuse to allow any person appointed by the fusing to company for that purpose to enter into and inspect any allow in- such mines or works in manner aforesaid, every person so spection offending shall for every such refusal forfeit to the com- hable to pany a sum not exceeding twenty pounds. lorteit 20/. 85. If it appear that any such mines have been worked If mines contrary to the provisions of this or the special act, the improperly company may, if they think fit, give notice to the owner, worked, lessee, or occupier thereof to construct such works and to company adopt such means as may be necessary or proper for mak- ^^7 ^®" ing safe the railway, and preventing injury thereto ; and 5p^^^f^^' if after such notice any such owner, lessee, or occupier do a^Qpt not forthwith proceed to construct the works necessary nieans for for making safe the railway, the company may themselves making safe construct such works, and recover the expense thereof the railway, from such owner, lessee, or occupier by action in any of the superior courts. And with respect to the carrying of passengers and Passengers goods upon the railway, and the tolls to be taken thereon, <^f^<^ goods be it enacted as follows : ^^ ^"^i^- 86. It shall be lawful for the company to use and ^^V' employ locomotive engines or other moving power, and ^ carriages and waggons to be drawn or propelled thereby, i..«^^^^^ and to carry and convey upon the railway all such pas- enJines^and 166 carriages, and convey passengers and goods. Company may con- tract with other com- panies for passage of trains and apportion- ment of tolls. Railways' Clauses, [8 Vict, Such con- tracts not to affect tolls pay- able by per- sons not parties thereto. Company not to be liable to a greater ex- tent than common carriers. Company may alter or vary tolls. sengers and goods as shall be offered to them for that purpose, and to make such reasonable charges in respect thereof as they may from time to time determine upon, not exceeding the tolls by the special act authorized to be taken by them. 87. It shall be lawful for the company from time to time to enter into any contract with any other company, being the owners or lessees or in possession of any other railway, for the passage over or along the railway by the special act authorized to be made of any engines, coaches, waggons, or other carriages of any other company, or which shall pass over any other line of railway, or for the passage over any other line of railway of any engines, coaches, waggons, or other carriages of the company, or which shall pass over their line of railway, upon the pay- ment of such tolls and under such conditions and restric- tions as may be mutually agreed upon ; and for the purpose aforesaid it shall be lawful for the respective parties to enter into any contract for the division or apportionment of the tolls to be taken upon their respective railways. 88. Provided always. That no such contract as afore- said shall in any manner alter, affect, increase, or diminish any of the tolls which the respective companies, parties to such contracts, shall for the time being be respectively authorized and entitled to demand or receive from any person or any other company, but that all other persons and companies shall, notwithstanding any such contract, be entitled to the use and benefit of any of the said rail- ways, upon the same terms and conditions, and on pay- ment of the same tolls, as they would have been in case no such contract had been entered into. 89. Nothing in this or the special act contained shall extend to charge or make liable the company further or in any other case than where, according to the laws of the realm, stage coach proprietors and common carriers would be liable, nor shall extend in any degree to deprive the company of any protection or privilege which common carriers or stage coach proprietors may be entitled to ; but, on the contrary, the company shall at all times be entitled to the benefit of every such protection and pri- vilege. 90. And whereas it is expedient that the company should be enabled to vary the tolls upon the railway so as to accommodate them to the circumstances of the traffic, but that such power of varying should not be used for the purpose of prejudicing or favouring particular parties, or for the purpose of collusively and unfairly creating a monopoly, either in the hands of the company or of parti- cular parties ; it shall be lawful, therefore, for the com- cap, 20.] Railways' Clauses. 167 pany, subject to the provisions and limitations herein and in the special act contained, from time to time to alter or vary the tolls by the special act authorized to be taken, either upon the whole or upon any particular portions of the railway, as they shall think fit; provided that all Tolls to be such tolls be at all times charged equally to all persons, charged and after the same rate, whether per ton per mile or other- equally wise, in respect of all passengers, and of all goods or car- under like riages of the same description, and conveyed or propelled circum- by a like carriage or engine, passing only over the same s^^^^®^* portion of the line of railway under the same circum- stances ; and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular company or person travelling upon or using the railway. 91. And whereas authority has been given by various Tolls to be acts of parliament to railway companies to demand tolls calculated for the conveyance of passengers and goods and for ^^ amalga- other services over the fraction of a mile equal to the toll ^lated rail- which they are authorized to demand for one mile ; there- ^.^^^ ^^ ^^^ fore, in cases in which any railway shall be amalgamated with any other adjoining railway or railways, such tolls shall be calculated and imposed at such rates as if such amalgamated railways had originally formed one line of railway. 92. It shall not be lawful for the company at any time Company to demand or take a greater amount of toll, or make any ^^y *^® greater charge for the carriage of passengers or goods, *^^^^* than they are by this and the special act authorized to de- mand ; and upon payment of the tolls from time to time Persons demandable all companies and persons shall be entitled to may use use the railw^ay, with engines and carriages properly con- railway on structed as by this and the special act directed, subject payment of nevertheless to the provisions and restrictions of the said ^^^^^' act of the sixth year of her present Majesty, intituled " An Act for the better Regulation of Eailways, and for 6 & 6 Vict, the Conveyance of Troops," and to the regulations to be c. 55, s. 11. from time to time made by the company by virtue of the powers in that behalf hereby and by the special act con- ferred upon them. 93. A list of all the tolls authorized by the special act List of tolls to be taken, and which shall be exacted by the company, to be ex- shall be published by the same being painted upon one hibited on a toll board or more in distinct black letters on a white ^^^^^* ground, or white letters on a black ground, or by the same being printed in legible characters on paper affixed to such board, and by such board being exhibited in some conspicuous place on the stations or places where such tolls shall be made payable. 168 Railway to be mea- sured and milestones set up. No tolls to be taken unless board ex- hibited and milestones set up. Tolls to be paid as di- rected by company. In default of payment of tolls company may detain and sell Railways' Clauses, [8 Vict Owners of carriages and goods to give ac count of lading &c. to collector of tolls. 94. The company shall cause the length of the railway to be measured, and milestones, posts, or other conspicuous objects to be set up and maintained along the whole line thereof, at the distance of one quarter of a mile from each other, with numbers or marks inscribed thereon denoting such distances. 95. No tolls shall be demanded or taken by the com- pany for the use of the railway during any time at which the boards hereinbefore directed to be exhibited shall not be so exhibited, or at which the milestones hereinbefore directed to be set up and maintained shall not be so set up and maintained ; and if any person wilfully pull down, deface, or destroy any such board or milestone, he shall forfeit a sum not exceeding five pounds for every such offence. 96. The tolls shall be paid to such persons, and at such places upon or near to the railway, and in such manner and under such regulations, as the company shall, by notice to be annexed to the list of tolls, appoint. 97. If, on demand, any person fail to pay the tolls due in respect of any carriage or goods, it shall be lawful for the company to detain and sell such carriage, or all or any part of such goods, or if the same shall have been re- moved from the premises of the company, to detain and sell any other carriages or goods within such premises belonging to the party liable to pay such tolls, and out of the monies arising from such sale to retain the tolls payable as aforesaid, and all charges and expenses of such deten- tion and sale, rendering the overplus, if any, of the monies arising by such sale, and such of the carriages or goods as shall remain unsold, to the person entitled thereto, or it shall be lawful for the company to recover any such tolls by action at law. 98. Every person being the owner or having the care of any carriage or goods passing or being upon the rail- way shall, on demand, give to the collector of tolls, at the places where he attends for the purpose of receiving goods or of collecting tolls for the part of the railway on which such carriage or goods may have travelled or be about to travel, an exact account in writing signed by him of the number or quantity of goods conveyed by any such car- riage, and of the point on the railway from which such carriage or goods have set out or are about to set out, and at what point the same are intended to be unloaded or taken off the railway ; and if the goods conveyed by any such carriage, or brought for conveyance as aforesaid, be liable to the payment of different tolls, then such owner or other person shall specify the respective numbers or quan titles thereof liable to each or any of such tolls. cap, 20.] Railways^ Clauses. 169 99. If any such owner or other such person fail to give Owners &c. such account, or to produce his way-bill or bill of lading, to iiot giving such collector or other officer or servant of the company de- account of manding the same, or if he give a false account, or if he l^^i^g' or unload or take off any part of his lading or goods at any °^ .l'^^' other place than shall be mentioned in such account, with ^ ^ ,?|j intent to avoid the payment of any tolls payable in re- avoiding spect thereof, he shall for every such offence forfeit to the payment of company a sum not exceeding ten pounds for every ton of tolls liable goods, or for any parcel not exceeding one hundred weight, to penalty, and so in proportion for any less quantity of goods than one ton, or for any parcel exceeding one hundred weight, (as the case may be,) which shall be upon any such car- riage ; and such penalty shall be in addition to the toll to which such goods may be liable. 100. If any dispute arise concerning the amount of the Disputes as tolls due to the company, or concerning the charges occa- to amount sioned by any detention or sale thereof under the provisions of tolls to be herein or in the special act contained, the same shall be fettled by settled by a justice ; and it shall be lawful for the company J"^tice. in the meanwhile to detain the goods, or (if the case so require) the proceeds of the sale thereof. 101. If any difference arise between any toll collector Differences or other officer or servant of the company and any owner as to of or person having the charge of any carriage passing or weights &c. being upon the railway, or of any goods conveyed or to be conveyed by such carriage, respecting the weight, quan- tity, quality, or nature of such goods, such collector or Collectors other officer may lawfully detain such carriage or goods, inay detain and examine, weigh, gauge, or otherwise measure the and weigh same; and if upon such measuring or examination such carnages goods appear to be of greater weight or quantity or of goods, other nature than shall have been stated in the account given thereof, then the person who shall have given such If account account shall paj^, and the owner of such carriage, or the ofladingiu- respective owners of such goods, shall also, at the option correct ow- of the company, be liable to pay, the costs of such ^^^^ *^ P^>' measuring and examining; but if such goods appear to costs of exa- be of the same or less weight or quantity than and of the ^^^^ i^^' same nature as shall have been stated in such account, then ^^^^ ^^^ the company shall pay such costs, and they shall also pay pany to pav to such owner of or person having charge of such carriage, costs and and to the respective owners of such goods, such damage damages, (if any) as shall appear to any justice, on a summary application to him for that purpose, to have arisen from such detention. 102. If at any time it be made to appear to any justice, Toll collec- upon the complaint of the company, that any such deten- ^^^^ ^^^ tion, measuring, or examining of any carriage or goods, as wrongful I 170 Railways Clauses, [8 Vict. detention of hereinbefore mentioned, was without reasonable ground, goods liable or that it was vexatious on the part of such collector or for costs other officer, then the collector or other officer shall him- and damage, self pay the costs of such detention and measuring, and the damage occasioned thereby ; and in default of imme- diate payment of any such costs or damage the same may be recovered by distress of the goods of such collector, and such justice shall issue his warrant accordingly. Passengers 103. If any person travel or attempt to travel in any practising carriage of the company, or of any other company or frauds on party using the railway, without having previously paid the com- ^jg fare, and with intent to avoid payment thereof, or if pany liable ^^xiy person, having paid his fare for a certain distance, to forfeit 2Z. j^i^owingly and wilfully proceed in any such carriage beyond such distance, without previously paying the addi- tional fare for the additional distance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect, on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall for every such offence forfeit to the com- pany a sum not exceeding forty shillings. Parties 104. If any person be discovered, either in or after com- practising mitting or attempting to commit any such offence as in frauds may the preceding enactment mentioned, all officers and ser- be detained yants and other persons on behalf of the company, or such and taken Q^her company or party as aforesaid, and all constables, before jus- gaolers, and peace officers, may lawfully apprehend and *^^®' detain such person until he can conveniently be taken before some justice, or until he be otherwise discharged by due course of law. Persons 105 . No person shall be entitled to carry, or to require the bringing company to carry, upon the railway, any aquafortis, oil of dangerous vitriol, gunpowder, lucifer matches, or any other goods goods on which in the judgment of the company may be of a the railway dangerous nature ; and if any person send by the railway without g^j^y. g^^jTjn^ goods without distinctly marking their nature ^° f ^1^^^-^^^^ on the outside of the package containing the same, or 90Z° ^^ otherwise giving notice in writing to the book-keeper or other servant of the company with whom the same are left, at the time of so sending, he shall forfeit to the company twenty pounds for every such offence ; and it shall be lawful for the company to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact. Matters in 106. If any collector of tolls or other officer employed possession by the company be discharged or suspended from his or custody office, or die, abscond, or absent himself, and if such of toll col- collector or other officer, or the wife, widow, or any of the lector to be ^^txaW-^ or representatives of any such collector or other cap* 20.] Railways^ Clauses. 171 officer, refuse or neglect, after seven days' notice in writ- delivered ing for that purpose, to deliver up to the company, or to to company any person appointed by them for that purpose, any station, wh^u re- dwelling-house, office, or other building, vi^ith its appurte- ^"i^^d. nances, or any books, papers, or other matters belonging to the company in the possession or custody of any such collector or officer at the occurrence of any such event as aforesaid, then, upon application being made by the com- pany to any justice, it shall be lawful for such justice to Justice may order any constable, with proper assistance, to enter upon order pos- such station or other building, and to remove any per- session to son found therein, and to take possession thereof, and "^ given, of any such books, papers, or other matters, and to deliver the same to the company, or any person appointed by them for that purpose. 107. And be it enacted, that the company shall every Company to year cause an annual account in abstract to be prepared, prepare an- showing the total receipts and expenditure of all funds ^^^ ^^- levied by virtue of this or the special act, for the year <^ount of ending on the thirty-first day of December or some other ^'^^^^Pts and convenient day in each year, under the several distinct P^y^®^ ^» heads of receipt and expenditure, with a statement of the ^.^ ,^ balance of such account, duly audited and certified by the oYerseers directors, or some of them, and by the auditors, and shall, clerks of ' if required, transmit a copy of the said account, free of the peace, charge, to the overseers of the poor of the several parishes &c. through which the railway shall pass, and also to the clerks of the peace of the counties through which the railway shall pass, on or before the thirty-first day of January then next ; which last-mentioned account shall be open to the inspection of the public at all seasonable hours, on payment of the sum of one shilling for every such inspection ; provided always, that if the said com- Company pany shall omit to prepare or transmit such account as for omis- aforesaid, if required so to do by any such clerk of the sion liable peace or overseers of the poor, they shall forfeit for every ^o forfeit such omission the sum of twenty pounds. ^^^• And with respect to the regulating of the use of the Bye Laws, railway, be it enacted as follows : 108. It shall be lawful for the company, from time to Company time, subject to the provisions and restrictions in this and may make the special act contained, to make regulations for the fol- regulations, lowing purposes ; (that is to say,) For regulating the mode by which and the speed at Speed, which carriages using the railway are to be moved or propelled ; For regulating the times of the arrival and departure of Times of any such carriages ; arrival. For regulating the loading or unloading of such car- Loading. I 2 1?2 Railways' Clauses, [8 Vict, Bye-Laws. riages, and the weights which they are respectively — ; — to carry ; Keceipt of Pqj. regulating the receipt and delivery of goods and goods. other things which are to be conveyed upon such carriages ; Prevention For preventing the smoking of tobacco, and the com- of nui- mission of any other nuisance, in or upon such car- sances, riages, or in any of the stations or premises occupied by the company ; and other And, generally, for regulating the travelling upon or purposes. using and working of the railway : Proviso. But no such regulation shall authorize the closing of the railway, or prevent the passage of engines or carriages on the railway, at reasonable times, except at any time when in consequence of any of the works being out of repair, or from any other sufficient cause, it shall be necessary to close the railway or any part thereof. Company 109. For better enforcing the observance of all or any may make of such regulations it shall be lawful for the company, and alter subject to the provisions of an act passed in the fourth ^^ q X^k y^^^ ^^ *^^ reign of her present Majesty, intituled, " An y.® Q-, Act for Regulating Railways," to make bye-laws, and g Q ■ Q * ' from time to time to repeal or alter such bye-laws, and make others, provided that such bye-laws be not repug- nant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special act ; and such bye-laws shall be reduced into writing, and shall have affixed thereto the common Persons of- seal of the company ; and any person offending against fending any such bye-law shall forfeit for every such offence any against bye- sum not exceeding ^sq pounds, to be imposed by the com- laws liable pany in such bye-laws as a penalty for any such offence ; to forfeit bl. ^^^ j^ ^^^ infraction or non-observance of any such bye- law or other such regulation as aforesaid be attended with danger or annoyance to the public, or hindrance to the company in the lawful use of the railway, it shall be law- ful for the company summarily to interfere to obviate or remove such danger, annoyance, or hindrance, and that without prejudice to any penalty incurred by the infrac- tion of any such bye-law. Substance 110. The substance of such last-mentioned bye-laws, of such bye- when confirmed or allowed according to the provisions of laws to be any act in force regulating the allowance or confirmation exhibited of the same, shall be painted on boards, or printed on on a board, paper and pasted on boards, and hung up and affixed and continued on the front or other conspicuous part of every wharf or station belonging to the company, according to the nature or subject matter of such bye-laws respec- tively, and so as to give public notice thereof to the parties cap, 20.] Railways^ Clauses, 173 interested therein or affected thereby ; and such boards Bye-Laws. shall from time to time be renewed as often as the bye- laws thereon or any part thereof shall be obliterated or destroyed ; and no penalty imposed by any such bye-law shall be recoverable unless the same shall have been pub- lished and kept published in manner aforesaid. 111. Such bye-laws, when so confirmed, published, and Such bye- affixed, shall be binding upon and be observed by all par- laws to be ties, and shall be sufficient to justify all persons acting binding oi^ under the same ; and for proof of the publication of any ^^ parties, such bye-laws it shall be sufficient to prove that a printed paper or painted board, containing a copy of such bye- laws, was affixed and continued in manner by this act directed, and in case of its being afterwards displaced or damaged then that such paper or board was replaced as soon as conveniently might be. And with respect to leasing the railway, be it enacted Leasing of as follows : railway, 112. Where the company shall be authorized by the special act to lease the railway or any part thereof to any L^ase of company or person, the lease to be executed in pursuance ^^^^7 ^^ of such authority shall contain all usual and proper cove- ^^^ ^^^ , nants on the part of the lessee for maintaining the railwa}^, proper or the portion thereof comprised in such lease, in good covenants, and efficient repair and working condition during the continuance thereof, and for so leaving the same at the expiration of the term thereby granted, and such other provisions, conditions, covenants, and agreements as are usually inserted in leases of a like nature. 113. Such lease shall entitle the company or person to Such lease whom the same shall be granted to the free use of the to entitle railway or portion of railway comprised therein, and during lessees to the continuance of any such lease all the powers and pri- ^^^^ ^^ ^^^■ vileges granted to and which might otherwise be exercised ^^T ^^^^^" and enjoyed by the company, or the directors thereof, or ^^^^^® ^* their officers, agents, or servants, by virtue of this or the ?^^-^-/^o-p special act, with regard to the possession, enjoyment, and granted to management of the railway, or of the part thereof com- company, prised in such lease, and the tolls to be taken thereon, shall be exercised and enjoyed by the lessee, and the offi- cers and servants of such lessee, under the same regula- tions and restrictions as are by this or the special act imposed on the company, and their directors, officers, and servants ; and such lessee shall, with respect to the rail- way comprised in such lease, be subject to all the obligations by this or the special act imposed on the company. And with respect to the engines and carriages to be Carriages brought on the railway, be it enacted as follows : Sf engines. 174 Engines to consume their smoke. Penalty. No en- gines to be brought on railway until ap- proved of by company and certifi- cate of ap- proval given. Engines out of repair or unfit to be used may be re- moved. Railways' Clauses, [8 Vict. Persons using en- gines with- out certifi- cate, or not removing improper engines after notice, liable to for- feit 20/. Carriages 114. Every locomotive steam engine to be used on the railv^ay shall, if it use coal or other similar fuel emitting smoke, be constructed on the principle of consuming and so as to consume its own smoke ; and if any engine be not so constructed the company or party using such engine shall forfeit ^we pounds for every day during which such engine shall be used on the railway. 115. No locomotive or other engine, or other descrip- tion of moving power, shall at any time be brought upon or used on the railway unless the same have first been approved of by the company ; and within fourteen day» after notice given to the company by any party desirous of bringing any such engine on the railway the company shall cause their engineer or other agent to examine such engine at any place within three miles' distance from the railway to be appointed by the owner thereof, and to re- port thereon to the company; and within seven days after such report, if such engine be proper to be used on the railway, the company shall give a certificate to the party requiring the same of their approval of such engine ; and if at any time the engineer or other agent of the company report that any engine used upon the railway is out of repair, or unfit to be used upon the railway, the company may require the same to be taken off, or may forbid its use upon the railway until the same shall have been repaired to the satisfaction of the company, and upon the engine being so repaired the company shall give a certificate to the party requiring the same of their approval of such engine ; and if any difference of opinion arise between the company and the owner of any such engine as to the fitness or unfitness thereof for the purpose of being used on the railway, such difference shall be settled by arbitration. 116. If any person, whether the owner or other person having the care thereof, bring or use upon the railway any locomotive or other engine, or any moving power, without having first obtained such certificate of approval as aforesaid, or if, after notice given by the company to remove any such engine from the railway, such person do not forthwith remove the same, or if, after notice given by the company not to use any such engine on the rail- way, such person do so use such engine, without having first repaired the same to the satisfaction of the company, and obtained such certificate of approval, every such per- son shall in any of the cases aforesaid forfeit to the com- pany a sum not exceeding twenty pounds ; and in any such case it shall be lawful for the company to remove such engine from the railway. 117. No carriage shall pass along or be upon the rail- cap, 20.] Railways' Clauses, 175 way (except in directly crossing the same, as herein or by to be con- the special act authorized,) unless such carriage be at all structed times, so long as it shall be used or shall remain on the according railway, of the construction and in the condition which *^ ^^^' the regulations of the company for the time being shall Panysregu- require ; and if any dispute arise between the company ^ ^^"^' and the owner of any such carriage as to the construction or condition thereof, in reference to the then existing regulations of the company, such dispute shall be settled by arbitration. 118. The regulations from time to time to be made by Such regu the company respecting the carriages to be used on the lations to railway shall be drawn up in writing, and be authenti- apply also cated by the common seal of the company, and shall be ^^ ^^J^- applicable alike to the carriages of the company and to the V^f^ car- carriages of other companies or persons using the railway ; ^^&^^- and a copy of such regulations shall, on demand, be fur- nished by the secretary of the company to any person applying for the same. 119. Kany carriage, not being of such construction or If carriages in such condition as the regulations of the company for used con- the time being require, be made to pass or be upon any part *^^^ *^ of the railway (except as aforesaid), the owner thereof, or ^^?^ ^^^' any person having for the time beinsr the charge of such ^^*^°^s • T- n i? i? 'i. X xT- ? J' owner carriage, shall lorieit to the company a sum not exceeding y^x^^ ^^ ten pounds for every such offence, and it shall be lawful forfeit xo/ for the company to remove any such carriage from the railway. 120. The respective owners of carriages using the rail- Owner's way shall cause to be entered with the secretary or other name &c. officer of the company appointed for that purpose the to be regis - names and places of abode of the owners of such carriages ^^^^^ and respectively, and the numbers, weights, and gauges of painted on their respective carriages ; and such owners shall also, if carnages, so required by the company, cause the same particulars to be painted in legible characters on some conspicuous part of the outside of every such carriage, so as to be always open to view ; and every such owner shall, whenever re- quired by the company, permit his carriage to be weighed, measured, or gauged at the expense of the company. 121. If the owner of any carriage fail to comply with If owner the requisitions contained in the preceding enactment, it fail to re- shall be lawful for the company to refuse to allow such gister car carriage to be brought upon the railway, or to remove the "*^® "^^y same therefrom until such compliance. removed. 122. If the loading of any carriage using the railway Carriages be such as to be liable to collision with other carriages improperly properly loaded, or to be otherwise dangerous, or if the loaded, or person having the care of any carriage or goods upon the suffered to 176 obstruct the roaxi, may be unloaded or removed. Company not to be liable for damage by such un- loading &c. Owners of engines and carriages liable for damage done by their ser- vants. Railways^ Clauses. [8 Vict. Owners may recover the amount of such da- mage from their ser- vants. Arbitra- tion. When ques- tions are to be deter- mined by arbitration each party to appoint an arbitra- tor. railway suffer the same or any part thereof to remain on the railway so as to obstruct the passage or working thereof, it shall be lawful for the company to cause such carriage or goods to be unloaded and removed in any manner proper for preventing such collision or obstruction, and to detain such carriage or goods, or any part thereof, until the expenses occasioned by such unloading, removal, or detention be paid. 123. The company shall not be liable for any damage or loss occasioned by any such unloading, removal, or de- tention as aforesaid, except for damage wilfully or negli- gently done to any carriage or goods so unloaded, removed, or detained ; nor shall they be liable for the safe custody of any such carriage or goods so detained, unless the same be wrongfully detained by them, and then only for so long a time as the same shall have been so wrongfully detained. 124. The respective owners of engines and (carriages passing or being upon the railway shall be answerable for any trespass or damage done by their engines or carriages, or by any of the servants or persons emploj^ed by them, to or upon the railway, or the machinery or works be- longing thereto, or to or upon the property of any other person ; and every such servant or other person may law- fully be convicted of such trespass or damage before any two justices of the peace, either by the confession of the party offending, or upon the oath of some credible witness ; and upon such conviction every such owner shall pay to the company or to the person injured, as the case may be, the damage to be ascertained by such justices, so that the same do not exceed fifty pounds. 125. It shall be lawful for any owner of any engine or carriage who shall pay the amount of any damage caused by the misfeasance or negligence of any servant or other person employed by him to recover the amount so paid by him from such servant or other person by the same means as the company are enabled to recover the amount of such damage from the owner of any engine or carriage. And with respect to the settlement of disputes by arbi- tration, be it enacted as follows : 126. When any dispute authorized or directed by this or the special act, or any act incorporated therewith, to be settled by arbitration, shall have arisen, then, unless both parties shall concur in the appointment of a single arbi- trator, each party, on the request of the other party, shall nominate and appoint an arbitrator to whom such dispute shall be referred ; and every appointment of an arbitrator shall be made on the part of the company, under the hand of the secretary or any two of the directors of the com- cap, 20.] Railways' Clauses, 177 pany, and on the part of any other party under the hand Arhitra- of such party, or if such party be a corporation aggregate, tion. under the common seal of such corporation, and such ap- pointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made ; and after any Appoint- such appointment shall have been made neither party shall ment not to have power to revoke the same without the consent of the ^® revoked other, nor shall the death of either party operate as a re- without vocation ; and if for the space of fourteen days after any ^oi^sent. such dispute shall have arisen, and after a request in writing, in which shall be stated the matters so required to be referred to arbitration, shall have been served by the C)n failure one party on the other party to appoint an arbitrator, of one such last-mentioned party fail to appoint such arbitrator, P^^^y *^® then upon such failure the party making the request, and ^ . ^^^ having himself appointed an arbitrator, may appoint such ???^!^^' ^^' arbitrator to act on behalf of both parties ; and such arbi- ^^^ ^^^ . . trator may proceed to hear and determine the matters which shall be in dispute ; and in such case the award or determination of such single arbitrator shall be final. 127. If before the matters so referred shall be deter- If arbitrator mined any arbitrator appointed by either party die, or be- ^]^ or re- come incapable to act, the party by whom such arbitrator ^^^^ ^" was appointed may nominate and appoint in writing some other to be other person to act in his place, and if for the space of ^PPoiiited. seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrator may proceed " ex parte ;" and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former ar- bitrator at the time of such his death or incapacity as aforesaid. 128. Where more than one arbitrator shall have been Arbitrators appointed, such arbitrators shall, before they enter upon to appoint the matters referred to them, nominate and appoint by umpire, writing under their hands an umpire to decide on any such matters on which they shall differ, or which shall be referred to him under this or the special act ; and if such If umpire umpire shall die, or become incapable to act, they shall die another forthwith after such death or incapacity appoint another ^o be ap umpire in his place ; and the decision of every such Poiiited. umpire on the matters so referred to him shall be final. 129. If in either of the cases aforesaid the said arbitra- Board of tors shall refuse, or shall for seven days after request of Trade may either party to such arbitration neglect to appoint an appoint um- umpire, the Board of Trade shall, on the application of pire, on either party to such arbitration appoint an umpire ; and neglect of the decision of such umpire on the matters on which the ai'bitrators. I 3 178 Railways' Clauses. [8 Vict If single arbitrator die the matter to begin de novo. If either arbitrator refuse to act the other to proceed. If arbitra- tors fail to Arbitration, arbitrators shall differ, or which shall be referred to him under this or the special act, shall be final. 130. If, where a single arbitrator shall have been appointed, such arbitrator shall die, or become incapable to act, before he shall have made his award, the matters referred to him shall be determined by arbitration, under the provisions of this or the special act, in the same man- ner as if such arbitrator had not been appointed. 131. If, where more than one arbitrator shall have been appointed, either of the arbitrators refuse, or for seven days neglect to act, the other arbitrator may proceed " ex parte," and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 132. If, where more than one arbitrator shall have been appointed, and where neither of them shall refuse or neg- make their ^^^^ ^^ ^^.^ ^^ aforesaid, such arbitrators shall fail to make ^^21 rT^ their award within twenty-one days after the day on the matT^ which the last of such arbitrators shall have been appointed, to ffo to the ^^ within such extended time, if any, as shall have been umpire. appointed for that purpose by both such arbitrators under their hands, the matter referred to them shall be deter- mined by the umpire to be appointed as aforesaid. Arbitrators 133. The said arbitrators or their umpire may call for may call for ^he production of any documents in the possession or ^^^^f ^^^ power of either party which they or he may think neces- o, rv,, ^^^^ ^^^ determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. 134. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him he shall, in the presence of a justice, make and subscribe the fol- lowing declaration ; that is to say, " I, A.B., do solemnly and sincerely declare, that I will faithfully and honestly, and to the best of my skill and abi- lity, hear and determine the matters referred to me, under the provisions of the act [naming the special act]. A.B. " Made and subscribed in the presence of " Declaration And such declaration shall be annexed to the award when to be annex made ; and if any arbitrator or umpire, having made such ed to award, declaration, shall wilfully act contrary thereto, he shall be guilty of a misdemeanor. 135. Except where by this or the special act, or any act incorporated therewith, it shall be otherwise provided, the costs of and attending every such arbitration, to be determined by the arbitrators, shall be in the discretion of the arbitrators. 136. The submission to any such arbitration may be made a rule of any of the superior courts, on the applica- tion of either of the parties. and admi- nister oaths ' Arbitrator and umpire to make and : subscribe declaration. Costs to be settled by arbitrators. Submission to arbitra- tion. cap, 20.] Railways' Clauses, 179 137. No award made with respect to any question Award not referred to arbitration under the provisions of this or the to be set special act shall be set aside for irregularity or error in aside, matter of form. 138. And be it enacted, that any summons or notice, or Service of any writ, or other proceeding at law or in equity requir- 'notices ing to be served upon the company, may be served by the '"P^^ ^^'^' same being left at or transmitted through the post directed P ^^V- to the principal office of the company, or one of their principal offices where there shall be more than one, or being given personally to the secretary, or in case there be no secretary then by being given to any one director of the company. 139. And be it enacted, that if any party shall have Tender of committed any irregularity, trespass, or other wrongful amends. proceeding in the execution of this or the special act, or "^ any act incorporated therewith, or by virtue of any ^"^^'^® . ^J power or authority thereby given, and if before action ^jjjg^^^g^^" brought in respect thereof such party make tender of suf- . ^^^ ^^ ficient amends to the party injured, such last-mentioned recover in party shall not recover in any such action ; and if no such ^ny action, tender shall have been made it shall be lawful for the de- fendant, by leave of the court where such action shall be pending, at any time before issue joined to pay into court such sum of money as he shall think fit, and there- upon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. And with respect to the recovery of damages not spe- Becovery cially provided for, and of penalties, and to the determina- of damages tionof any other matter referred to justices, be it enacted andpenal- a^ follows : ^'''^ 140. In all cases where any damages, costs, or expenses ^^ are by this or the special act, or any act incorporated ^^^ other- therewith, directed to be paid, and the method of ascer- ^^^^ provi- taining the amount or enforcing the payment thereof is (j^jj f^^ ^^^ not provided for, such amount, in case of dispute, shall be be deter- ascertained and determined by two justices ; and if the mined by amount so ascertained be not paid by the company or justices, other party liable to pay the same within seven days after demand, the amount may be recovered by distress of the and reco- goods of the company or other party liable as aforesaid ; ^^^^^ l>y and the justices by whom the same shall have been ordered distress. to be paid, or either of them, or any other justice, on application, shall issue their or his warrant accordingly. 141. If sufficient goods of the company cannot be found Distress whereon to levy any such damages, costs, and expenses against payable by the company, the same may, if the amount company thereof do not exceed twenty pounds, be recovered by dis- n^ay be re- tress of the goods of the treasurer of the company ; and covered by 180 distress of goods of treasurer. Notice. Treasurer may sue company. In ques- tions of damages &c. jus- tices may issue sum- mons, and upon appeai-ance or proof of service de- termine. Costs. Company to publish short parti- culars of offences for which any penalty is imposed and affix the same to a board, and renew when obli- terated. Penalty for defacing boards used for Railways'^ Clauses. [8 Vkt' the justices aforesaid, or either of them, on application shall issue their or his warrant accordingly ; but no such distress shall issue against the goods of such treasurer unless seven days' previous notice in writing, stating the amount so due, and demanding payment thereof, have been given to such treasurer, or left at his residence ; and if such treasurer pay any money under such distress as aforesaid he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any money belonging to the company, coming into his custody or control, or he may sue the company for the same. 142. Where in this or the special act any question of compensation, expenses, charges, or damages, or other matter, is referred to the determination of any one justice or more, it shall be lawful for any justice, upon the appli- cation of either party, to summon the other party to ap- pear before one justice, or before two justices, as the case may require, at a time and place to be named in such summons ; and upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such one justice, or such two justices, as the case may be, to hear and deter- mine such question, and for that purpose to examine such parties or any of them, and their witnesses, on oath ; and the cost of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof. 143. The company shall publish the short particulars of the several offences for which any penalty is imposed by this or the special act, or by any bye-law of the company affecting other persons than the shareholders, officers, or servants of the company, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall cause such board to be hung up or affixed on some con- spicuous part of the principal place of business of the com- pany, and where any such penalties are of local applica- tion shall cause such boards to be affixed in some conspi- cuous place in the immediate neighbourhood to which such penalties are applicable or have reference ; and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed; and no such penalty shall be recoverable unless it shall have been pub- lished and kept published in the manner hereinbefore required. 144. If any person pull down or injure any board put up or affixed as required by this or the special act for the purpose of publishing any bye-law or penalty, or shall obliterate any of the letters or figures thereon, he shall cap. 20.] Railways^ Clauses, 181 forfeit for every such offence a sum not exceeding five such pubH- pounds, and shall defray the expenses attending the resto- cation, ration of such board. 145. Every penalty or forfeiture imposed by this or the Penalties to special act, or by any bye-law made in pursuance thereof, be recover- the recovery of which is not otherwise provided for, may ^d before be recovered by summary proceeding before two justices; two justices and on complaint beins: made to any iustice he shall issue T ^^^ • •! !•! • issue sum- a summons requiring the party complained against to appear before two justices at a time and place to be named in such summons, and every such summons shall be served on the party offending either in person or by leav- ing the same with some inmate at his usual place of abode ; and upon the appearance of the party complained against, and upon or, in his absence, after proof of the due service of such appearance summons, it shall be lawful for any two justices to pro- ^^ proof of ceedtothe hearing of the complaint, and that although no service con- information in writing or in print shall have been exhi- ^'^^^^^^ of- bited before them ; and upon proof of the offence, either ^^ ®^* by the confession of the party complained against, or upon the oath of one credible witness or more, it shall be lawful for such justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such costs attending the Costs, conviction as such justices shall think fit. 146. If forthwith upon any such adjudication as afore- Penalties said the amount of the penalty or forfeiture, and of such ^^ay be costs as aforesaid, be not paid, the amount of such penalty l^'^ied by and costs shall be levied by distress, and such justices, or distress, either of them, shall issue their or his warrant of distress accordingly. 147. It shall be lawful for any such justice to order any Justice offender so convicted as aforesaid to be detained and kept may detain in safe custody until return can be conveniently made to offenders the warrant of distress to be issued for levying such "^*^^ return penalty or forfeiture and costs, unless the offender give ^^^^ ^^ sufficient security, by way of recognizance or otherwise, J.^^^^^* ^^ to the satisfaction of the justice, for his appearance before ^^ ^^^^* him on the day appointed for such return, such day not being more than eight days from the time of taking such security ; but if before issuing such warrant of distress it shall appear to the justice, by the admission of the offender or otherwise, that no sufficient distress can be had within the jurisdiction of such justice whereon to levy such penalty or forfeiture and costs, he may, if he thinks fit, re- frain from issuing such warrant of distress ; and in such If no suffi- case, or if such warrant shall have been issued, and upon cient dis- the return thereof such insufficiency as aforesaid shall be tress can be made to appear to the justice, then such justice shall by had,offender 182 Railways' Clauses. [8 Vict, may be warrant cause such offender to be committed to gaol, there committed, to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied. Distress to 148. Where in this or the special act, or any act incor- be levied porated therewith, any sum of money, whether in the by sale of nature of penalty or otherwise, is directed to be levied by goods of distress, such sum of money shall be levied by distress party. ^nd sale of the goods and chattels of the party liable to Overplus to pay the same ; and the overplus arising from the sale of be repaid, g^ch goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been distrained. Distress 149. No distress levied by virtue of this or the special not to be act, or any act incorporated therewith, shall be deemed unlawful for unlawful, nor shall any party making the same be deemed want of 2i trespasser, on account of any defect or want of form in ^^^' the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser " ab initio" on account of any irregu- larity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case. Justices 150. The justices by whom any such penalty or for- may award feiture shall be imposed may, where the application thereof one-half of jg jjot otherwise provided for, award not more than one- penalty to Yi2M thereof to the informer, and shall award the remainder ^~?^^^. to the overseers of the poor of the parish in which the der to^ver- ^^^^^^ ^^^^ hoNQ been committed, to be applied in aid of seers. ^^ poor's rate of such parish, or if the place wherein the offence shall have been committed shall be extra-parochial, then such justices shall direct such remainder to be applied in aid of the poor's rate of such extra-parochial place, or, if there shall not be any poor's rate therein, in aid of the poor's rate of any adjoining parish or district. Penalties 151. No person shall be liable to the payment of any to be sued penalty or forfeiture imposed by virtue of this or the spe- for within cial act, or any act incorporated therewith, for any offence six months, made cognizable before a justice, unless the complaint respecting such offence shall have been made before such justice within six months next after the commission of such offence. Damage to 152. If, through any act, neglect, or default on account be made whereof any person shall have incurred any penalty im- good in ad- posed by this or the special act, any damage to the pro- dition to perty of the company shall have been committed by such penalty. person, he shall be liable to make good such damage as cap. 20.] Railways' Clauses, 183 well as to pay such penalty; and the amount of ?>ViQ\i Recovery of damages shall, in case of dispute, be determined by the damages justices by whom the party incurring such penalty shall andpenal- have been convicted ; and on nonpayment of such damages, ^*^*- on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their or his warrant accordingly. 153. It shall be lawful for any justice to summon any Justice person to appear before him as a witness in any matter in may sum- which such justice shall have jurisdiction under the pro- iiion wit- visions of this or the special act, at a time and place men- i^esses. tioned in such summons, and to administer to him an oath to testify the truth in such matter ; and if any person Witnesses so summoned shall, without reasonable excuse, refuse or ^^t appear- neglect to appear at the time and place appointed for that ^^^/^i" ^6- purpose, having been paid or tendered a reasonable sum ^"^^^^ ^^^^ for his expenses, or if any person appearing shall refuse to ^.^^^^^^^ be examined upon oath or to give evidence before such fQ^fg:.. ni justice, every such person shall forfeit a sum not exceeding five pounds for every such offence. 154. It shall be lawful for any officer or agent of the Officers of company, and all persons called by him to his assistance, company to seize and detain any person who shall have committed may detain any offence against the provisions of this or the special offenders act, and whose name and residence shall be unknown to whose such officer or agent, and convey him, with all convenient JJ^^^*^ ^^^^ despatch, before some justice, without any warrant or ^ "^" other authority than this or the special act; and such "'^^^* justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender. 155. The justices before whom any person shall be Form of convicted of any offence against this or the special act, or conviction, any act incorporated therewith, may cause the conviction to be drawn up according to the form in the schedule to this act annexed. 156. No proceeding in pursuance of this or the special Proceed- act, or any act incorporated therewith, shall be quashed ings not va- or vacated for want of form, nor shall the same be re- cated for moved by certiorari or otherwise into any of the superior ^^^^ ^f courts. ^^^ ^c. 157. If any party shall feel aggrieved by any determina- Parties ag- tion or adjudication of any justice with respect to any gi-ievedmay penalty or forfeiture under the provisions of this or the appeal to special act, or any act incorporated therewith, such party quarter may appeal to the general quarter sessions for the county sessions. or place in which the cause of appeal shall have arisen ; but no such appeal shall be entertained unless it be made within four months next after the making of such deter- 184 Notice. Securities. Court may make such order as they think reasonable. Railways^ Clauses, [8 Vict Receiver of metropoli- tan police district to receive penalties incurred within his district. 2 & 3 Vict. c. 71. mination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against vi^hom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon. 158. At the quarter sessions for which such notice shall be given the court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions ; and upon the hearing of such appeal the court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appel- lant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable ; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. 159. Provided always, and be it enacted. That notwith- standing anything herein or in the special act, or any act incorporated therewith, contained, every penalty or for- feiture imposed by this or the special act, or any act in- corporated therewith, or by any bye-law in pursuance thereof, in respect of any offence which shall take place within the metropolitan police district, shall be recovered, enforced, accounted for, and, except where the application thereof is otherwise specially provided for, shall be paid to the receiver of the metropolitan police district, and shall be applied in the same manner as penalties or forfeitures, other than fines upon drunken persons, or upon constables for misconduct, or for assaults upon police constables, are directed to be recovered, enforced, accounted for, paid, and applied by an act passed in the third year of the reign of her present Majesty, intituled " An Act for Regulating the Police Courts in the Metropolis ;" and every order or conviction of any of the police magistrates in respect of any such forfeiture or penalty shall be subject to the like appeal, and upon the same terms, as is provided in respect of any order or conviction of any of the said police magis- trates by the said last-mentioned act ; and every magis- trate by whom any order or conviction shall have been made shall have the same power of binding over the witnesses who shall have been examined, and such wit- nesses shall be entitled to the same allowance of expenses as he or they would have had or been entitled to in case the order, conviction, and appeal had been made in pur- suance of the provisions of the said last-mentioned act. cap, 20.] Railways' Clauses, 185 160. And be it enacted, That every person who, upon Persons any examination upon oath, undeiv^the provisions of this giving false or the special act, or any act incorporated therewith, shall evidence wilfully and corruptly give false evidence, shall be liable ^^^^^^ }^ to the penalties of wilful and corrupt perjury. penalties. 161. And be it declared and enacted. That all sums of Usher's money which have been or shall be paid into the bank of poundage. Ireland in the name and with the privity of the accountant- general of the Court of Chancery of Ireland, under the Money paid provisions of an act passed in the second year of the reign ii^to the of her present Majesty, intituled " An Act to Provide for ^^ ^ ^^ the Custody of certain Monies paid in pursuance of the J^ ^^ ^ Standing Orders of either House of Parliament by Sub- ^^^^ ^ scribers to Works or Undertakings to be effected under i & 2 Vict, the Authority of Parliament," shall and may be paid out c. 117. and applied under any order of the said Court of Chancery exempt from usher's poundage. And with respect to the provision to be made for afford- Access to ing access to the special act by all parties interested, be it special enacted as follows : act. 162. The company shall at all times after the expiration of six months after the passing of the special act keep in Company their principal office of business a copy of the special act, ^^ ^®^P printed by the printers to her Maiesty, or some of them : ^^^^. , ^ shall also within the space of such six months deposit in ^ ... the office of each of the clerks of the peace of the several principal counties into which the works shall extend a copy of such q^qq and special act, so printed as aforesaid ; and the said clerks of deposit the peace shall receive, and they and the company copies with respectively shall retain, the said copies of the special act, clerks of and shall permit all persons interested to inspect the same, the peace and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for default, as is provided in the case of certain plans and sections by an act passed in the first year of the reign of her present Majesty, intituled " An Act to compel Clerks 7 W. IV. of the Peace for Counties, and other Persons, to take the & 1 Vict. Custody of such Documents as shall be directed to be de- c. 83. posited with them under the Standing Orders of either House of Parliament." 163. If the company shall fail to keep or deposit, as Penalty on hereinbefore mentioned, any of the said copies of the company special act, they shall forfeit twenty pounds for every such failing to offence, and also five pounds for every day afterwards ^^^P ^^ ^®' during which such copy shall be not so kept or deposited. Posit copies. 164. And be it enacted. That this act shall not extend Scotland, to Scotland. 165. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in the present session amended or of parliament. repealed. 186 Railways' Clauses, [8 Vict, c, 20. SCHEDULE referred to by the foregoing Act. Form of . to wit. conviction. Be it remembered, That on the day of in the year of our Lord A.B. is convicted before us, C, D., tv^o of her Majesty's justices of the peace for the county of [here describe the offence generally, and the time and place w^hen and where com- mitted], contrary to the [here name the special act]. Given under our hands and seals the day and year first above written. C. D. INDEX PUBLIC GENERAL ACTS. Absent Parties — compensation to, 8 Vict. c. 18, s. 58 to 68 Access to Special Acts, 8 Vict. c. 16, s. 161, 162; c. 18, s. 150, 151; c. 20, s. 162, 163 Accidents — entry upon adjoining lands to repair, 5 & 6 Vict. c. 55, s. 14 : 8 Vict. c. 20, s. 33 returns of, 3 and 4 Vict. c. 97, s. 3 : 5 & 6 Vict. c. 55, s. 7,8 Accommodation Works for lands adjoining raDway, 8 Vict. c. 20, s. 68 to 76 Accounts — auditing of, 8 Vict. c. 16, s. 106 to 108 deposit of, with overseers and clerks of the peace, 8 Vict, c. 20, s. 107 inspection of by mortgagees and bond creditors, 8 Vict. c. 16, s. 55 keeping of, and right of in- spection by shareholders, 8 Vict, c. 16, s. 115 to 119 to be kept by companies liable to options of revision and purchase, 7 & 8 Vict. c. 85, s. 5 Accountability of Officers, 8 Vict, c. 16, s. 109 to 114 Accountant General — deposit in bank with the privity of the, of purchase money or compensation coming to parties having limited interests, 8 Vict. c. 18, s. 69 to 80 deposit in bank with the pri- vity of the, of value of lands pre- vious to entry by promoters before purchase, 8 Vict. c. 18, s. 86 to 88 Actions for Calls, 8 Vict. c. 16, 8. 25 to 28 Acts — form in which portions of, may be incorporated with other acts, 8 Vict. c. 16, s. 5 ; c. 18, s. 5 ; C.20, s. 5 not to extend to Scotland, 8 Vict. c. 16, s. 163; c. 18, s. 152 ; c. 20, s. 164 operation of, 8 Vict. c. 16, s. 1 ; c. 18, s. 1 ; c. 20, s. 1 • prosecutions to enforce pro- visions of, 7 & 8 Vict. c. 85, s. 17, 18 Additional Stations — purchase of lands for, 8 Vict. c. 20, s. 45 Admiralty — consent of the, to ex- ecution of works below high water mark, 8 Vict. c. 20, s. 17 Advertisement — notices by, 8 Vict, c. 16, s. 138 Agreement — purchase of lands by, 8 Vict. c. 18, s. 6 to 15 purchase and taking of lands otherwise than by, 8 Vict. c. 18, s. 16 to 68 between Postmaster General and company, 1 & 2 Vict. c. 98, s. 6, 7, 17 Alteration of dangerous level cross- ings, 5 & 6 Vict. c. 55, s. 13 Amalgamated Railways — tolls on, 8 Vict. c. 20, s. 91 Amends — tender of, 8 Vict. c. 16, s. 141; c. 18, s. 135; c.20,s. 139 188 Index to Public General Acts, Ammunition — conveyance of, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict. c. 85, s. 12 Appeal to Quarter Sessions, 3 & 4 Vict. c. 97, s. 14 : 8 Vict. c. 16, s. 159, 160; c. 38, s. 146, 147; c. 20, s. 60, 157, 158 Application of capital, 8 Vict. c. 16, S.55 of penalties, 5 & 6 Vict. c. 55, s. 22 : 7 & 8 Vict. c. 85, s. 24: 8 Vict. c. 16, s. 152; c. 18, 8. 139, 148 ; c. 20, s. 150, 159 • of purchase money or com- pensation coming to parties hav- ing limited interests, or prevented from treating, or not making title, 8 Vict. c. 18, s. 69 to 80 Appointment, of receiver of tolls, 8 Vict. c. 16, s. 53, 54 and duties of auditors, 8 Vict. c. 16, s. 101 to 108 and rotation of directors, 8 Vict. c. 16, s. 81 to 89 Arbitration — settlement of disputes by, 8 Vict. c. 16, s. 128 to 134; c. 20, s. 126 to 137 as to amount to be paid by treasury for purchase of railways, 7 & 8 Vict. c. 85, s. 2 as to compensation for in- jury done to mines, 8 Vict. c. 20, s. 81 as to compensation to owners and occupiers of lands, 8 Vict. c. 18, s. 23 to 37, 64 to 68, 125 as to construction or con- dition of carriages, 8 Vict. c. 20, s. 117 as to fitness or unfitness of engines, 8 Vict. c. 20, s. 115 as to price to be paid by landowners for purchase of lands not required by the company, 8 Vict. c. 18, s. 130 • as to remuneration for con- vevance of mails, 1 & 2 Vict. c. 98, s. 6, 7, 9, 16, 17, 18 Arches — making of, 5 & 6 Vict. 0. 55, s. 13 ; 8 Vict. c. 20, s. 13 Attorney General, 7 & 8 Vict. c. 85, s. 17 Auditors — appointment and duties of, 8 Vict. c. 16, s. 101 to 108 Augmentation of Capital by creat- ing new shares instead of borrow ing money, 8 Vict. c. 16, s. 56 to 60 Authentication of certificates of shares, 8 Vict. c. 16, s. 11 of notices, 8 Vict. c. 16, s. 139 of register of shareholders, 8 Vict. c. 16, s. 9 of transmission of shares by other means than transfer, 8 Vict, c. 16, s. 18, 19 Balance Sheet — 8 Vict. c. 16, s. 106 to 108, 116 to 118; c 20, s. 107 Bank, Deposit in the — of compensa- tion for release of lands from rent- charges, 8 Vict. c. 18, s. 117 of compensation payable to commoners, 8 Vict. c. 18, s. 107 of money payable to mortga- gees, 8 Vict. c. 18, s. 109, 111, 113 -of purchase money in the « case of parties under disability, 8 Vict. c. 18, s. 9, 69 to 80 of purchase moneyprevious to entry upon lands, 8 Vict. c. 18, s. 85 to 88 Bank of Ireland — exemption of money paid into the, from Usher's poundage, 8 Vict. c. 20, s. 141 Bankruptcy — proof of debts in, 8 Vict. c. 16, s. 140 of shareholders, transmis- sion of shares by, 8 Vict. c. 16, s. 18, 19 Boards — exhibition of tolls on, 8 Vict. c. 20, s. 93, 95 publication of penalties on, 8 Vict. c. 16, s. 145, 146; c. 20, s. 143, 144 publication of substance of bye-laws on, 8 Vict. c. 20, s. 110 Board of Trade — authentication of certificates of the, and service of notices, 3 & 4 Vict. c. 97, s. 20 ; 5 & 6 Vict. c. 55, s. 19 ; 7 & 8 Vict. c. 85, s. 23 ; 8 Vict. c. 20, s. 67 may appoint inspectors of railways, 3 & 4 Vict. c. 97, s. 5 ; 7 & 8 Vict. c. 85, s. 15 Index to Public General Acts, 189 Board of Trade may appoint umpire on neglect of arbitrators, 8 Yict. c. 16,s. 131; c. 18, S.28 ;c. 20, s. 129 may authorize deviations in gradients, curves, tunnels, and other engineering works of rail- way, 8 Vict. c. 20, s. 14 may decide disputes between connecting railways, 5 & 6 Vict. c. 55, s. 11 may decide disputes respect- ing the proper places for making branch communications with rail- way, 3 & 4 Vict. c. 97, s. 19 : 5 & 6 Vict. c. 55, s. 12 : 8 Vict, c. 20, s. 76 may decide on alterations in levels of railway, 8 Vict. c. 20, s. 12 may direct attorney- general to take legal proceedings to enforce provisions of acts, 7 & 8 Vict. c. 85, s. 17, 18 may empower company to enter upon lands adjoining railway to repair or prevent accidents, 6 & 6 Vict. c. 55, s. 14 may empower company to substitute bridges or archways in lieu of dangerous level crossings, 5 & 6 Vict. c. 55, s. 13 may modify the construction of roads, bridges, and other en- gineering works, 8 Vict. c. 20, s. 66 may notify their disallowance of bye-laws, 3 & 4 Vict. c. 97, s. 9 • may order that gates at level crossings be kept closed across railway instead of across the road, 5 & 6 Vict. c. 55, s. 9 : 8 Vict. c. 20, s. 47 may postpone the opening of railways, 5 & 6 Vict. c. 55, s. 6 may require company to al- low lines of electrical telegraph to be laid down adjoining the line of railway, 7 & 8 Vict. c. 85, s. 13 may require company to construct screens for roads, 8 Vict, c. 20, s. 63 may require returns from company, 3 & 4 Vict. c. 97, s. 3, 4 : 5 & 6 Vict. c. 55, s. 8 Board of Trade may revive compul- sory powers of taking lands, 5 & 6 Vict. c. 55, s. 15 may vary arrangements in regai'd to cheap trains, 7 & 8 Vict. c. 85, s. 8 notice to, of accidents attend- ed with serious personal injury, 8 Vict. c. 7, s. 55 - notices to, of opening of rail- way, 3 & 4 Vict. c. 97, s. 1, 2 : 5 & 6 Vict. c. 55, s. 3 to 6 returns to be made to, of copies of bye-laws, 3 & 4 Vict. c. 97, s. 7, 8 Bond — borrowing of money on mort- gage or, 8 Vict. c. 16, s. 38 to 55 form of, schedule D, page 79 form of transfer of, schedule E, page 80 to be given by company to Postmaster-General, 1 & 2 Vict. c. 98, s. 13, 14 Bond Creditors — rights of the, 8 Vict. c. 16, s. 44, 121 Book-keeeper — appointment of, 8 Vict. c. 16, s. 119 Books of Beference — correction of en-ors in, 8 Vict. c. 20, s. 7 Borrowed Money — conversion of, into capital, 8 Vict. c. 16, s. 56 to 60 Branch Railways — 3 & 4 Vict. c. 97, s. 18, 19 : 5 & 6 Vict. c. 55, s. 12 : 8 Vict. c. 20, s. 76 Brickfields — company not to take materials from, 8 Vict. c. 20, s. 32 Bridges— b & 6 Vict. c. 55, s. 13 construction of, 8 Vict. c. 20, s. 46 to 67 Bye-laws — regulating conduct of officers of company, 8 Vict. c. 16, s. 124 to 127 • regulating use of railway, 1 & 2 Vict c. 98, s. 11 : 3 & 4 Vict. c. 97, s. 7 to 10, 13: 8 Vict. c. 20, s. 108 to 111 • persons using branch rail- ways subject to, 8 Vict. c. 20, s.76 Calls — application of, notwithstand- ing mortgages, 8 Vict. c. 16, s. 43 ■ forfeiture of shares for non- payment of, 8 Vict. 0. 16, s. 29 to 35 190 Index to Public General Acts, Calls — liability of vendors of shares for, until registry of transfer, 8 Vict. c. 16, s. 15 means of enforcing the pay- ment of, 8 Vict. c. 16, s. 21 to 28 ■ payment of, before receipt of dividends, 8 Vict. c. 16, s. 123 • payment of, before transfer of shares, 8 Vict. c. 16, s. 16 recovery of, from share- holders in Scotland, 8 Vict. c. 16, s. 164 Canals — consent of proprietors of, to alteration of levels of railway, 8 Vict. c. 20, s. 11, 12 Capital — application of, 8 Vict. c. 16, s. 65 certificate of justice that the, has been subscribed, 8 Vict. c. ] 6, s. 40; c. 18, s. 17 conversion of borrowed money into, 8 Vict. c. 16, s. 56 to 60 • distribution of the, into shares, 8 Vict. c. 16, s. 6 to 13 ' executions against share- holders to the extent of their, not paid up, 8 Vict. c. 16, s. 36, 37 subscription of, before com- pulsory powers of purchasing lands are put in force, 8 Vict. c. 18, s. 16, 17 Capital Stock of the Company — 8 Vict. c. 16, s. 14, 121 Carriages — ^weight of, 5 & 6 Vict, c. 55, s. 16 for conveyance of military and police, 7 & 8 Vict. c. 85, s. 12 ■ for conveyance of third class passengers, 7 & 8 Vict. c. 85, s. 6 to 10 Carriages and Engines to be used on railway, 8 Vict. c. 20, s. 114 to 125 inspection of, 3 & 4 Vict. c. 97, s. 5 penalty for obstructing, 3 & 4 Vict. c. 97, s. 15 for conveyance of mails, 1 & 2Vict. c. 98, s. 1, 2, 3, 5,10 Carrying of passengers and goods upon railway, and tolls to be taken thereon, 8 Vict. c. 20, s. 86 to 107 Certificate of Justices, stating errors and omissions in plans and books of reference, 8 Vict. c. 20, s. 7 Certificate of Justices — that capital has been subscribed, 8 Vict. c. 16, s. 40; C.18, s. 17 Certificates of Shares — 8 Vict.c. 16, s. 11, 12, 13, 15 form of, schedule A, page 78 Chairman at general meetings, 8 Vict. c. 16, s. 73, 80 of committees of directors, 8 Vict. c. 16, s. 96 of directors, 8 Vict. c. 16, s. 92, 93, 94 Cheap Trains — 7 & 8 Vict. c. 85, s. 6 to 10 Chief Rents — purchase of lands on, 8 Vict. c. 18, s. 10, 11 release of lands from, 8 Vict. c. 18, s. 115 to 118 Clerks of the Peace — deposit with, of certificate of justices, stating particulars of errors and omissions in plans and books of reference, 8 Vict. c. 20, s. 7 of copy of annual account, 8 Vict. c. 20, s. 107 of copies of special acts, 8 Vict. c. 16, s. 161, 162 ; c. 18, s. 150, 151 ; c. 20, s. 162, 163 • of plans and sections of alterations approved of by parlia- ment from the original plans and sections, 8 Vict. c. 20, s. 8 to 10 Closing of Transfer Books — 8 Vict, c. 16, s. 17 Collector of Tolls — duties of, 8 Vict, c. 20, s. 98, 99, 101, 102 delivery of matters in pos- session of, 8 Vict. c. 20, s. 106 Committees of directors — 8 Vict, c. 16, s. 95, 96, 97 of lunatics, votes of — 8 Vict. c.16, s. 79 of parties entitled to com- monable or other rights in lands, 8 Vict.c. 18, s. 101 to 107 Common Carriers — company not liable to a greater extent than, 8 Vict. c. 20, s. 89 Common or Waste Lands — com- pensation for, and conveyance of, 8 Vict, c. 18, s. 99 to 107 Company — accountability of the ofiicers of the, 8 Vict. c. 16, s. 109 to 114 borrowing of money by the. Index to Public General Acts, 191 on mortgage or bond, 8 Vict. c. 16, s. 38 to 55 Company — distress against goods of the, 8 Vict. c. 16, s. 142 ;c. 20, s. 140 distribution of the capital of the, into shares, 8 Vict. c. 16, s. 6 to 13 general meetings of the, and exercise of the right of voting by the shareholders, 8 Vict. c. 16, s. 66 to 80 liable to action for inter- ruption of roads, 8 Vict. c. 20, s. 55 -powers of the, to be exercised by the directors, 8 Vict. c. 16, s. -powers of the, to be exercised only in general meeting, 8 Vict, c. 16, s. 91 ■ remedies of creditors of the, against the shareholders, 8 Vict, c. 16, s. 36, 37 ■ service of notices upon the, 1 & 2 Vict. c. 98, s. 15 : 3 & 4 Vict. c. 97, s. 20: 5 & 6 Vict, c. 55, s. 19 : 7 & 8 Vict. c. 85, s. 23: 8Vict. c.l6,s. 135; c. 18, s. 134; c. 20, s. 67, ]38 ■ to keep and deposit copies of special act, 8 Vict. c. 16, s. 161, 162; c. 18, s. 150, 151; c. 20, s. 162, 163 Compensation — deposit and appli- cation of, coming to persons hav- ing limited interests or prevented from treating, or not maiing title, 8 Vict. c. 18, s. 69 to 80 Compensation to Company for dis- continuance of sei*vices required by the Postmaster- General, 1 & 2 Vict. c. 98, s. 7, 9, 16 Compensation to Owners and Occu- piers of Lands for loss by reason of works necessary to repair or prevent accidents, 5 & 6 Vict. c. 55, s. 14 for temporary occupation of lands, 8 Vict. c. 20, s. 43, 44 - in the case of parties under disability, 8 Vict. c. 18, s. 9 manner of settling disputes as to, 8 Vict. c. 18, s. 21 to 68 payment or deposit of, pre- vious to entry upon lands, 8 Vict, c. 18, s. 84 to 92 Compulsory Powers of taking Land — limit of time for, 8 Vict. c. 18, s. 123 revival of, by the Board of Trade, 5 & 6 Vict. c. 55, s. 15 - subscription of capital before the, are put in force, 8 Vict. c. 18, s. 16 Conductors — complaints to be made to, 1 & 2 Vict. c. 98, s. 5 Confirmation of forfeiture of shares, 8 Vict. c. 16, s. 31 to 33 Connecting Railways— ^is^uies be- tween, 5 & 6 Vict. c. 55, s. 11 tolls on, 8 Vict. c. 20, s. 91 Consolidation of shares into stock, 8 Vict. c. 16, s. 61 to 64 Construction of Bridges — 8 Vict. c. 20, s. 46 to 67 Construction of Railway, and works connected therewith, 8 Vict. c. 20, s. 6 to 24 temporary occupation of lands during the, 8 Vict. c. 20, s. 30 to 44 Contingencies — ^fund for, 8 Vict. c. 16, s. 122 Contracts — making of, on behalf of the company, 8 Vict. c. 16, s. 97 Conversion of borrowed money into capital, 8 Vict. c. 16, s. 56 to 60 Conveyance of common or waste lands, 8 Vict. c. 18, s. 99 to 107 of copyhold lands, 8 Vict. c. 18, s. 95 to 98 •of lands, 8 Vict. c. 18, s. 81 to 83 of lands, form of, schedule A, page 131 ■ of lands on chief rents, form of, schedule B, page 131 • of lands subject to mortgage. 8 Vict. c. 18, s. 108 to 114 of mails by railway, 1 & 2 Vict, c. 98 : 7 & 8 Vict. c. 85, s. 11 ■ of military and police, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict. c. 85, s. 12 • of third-class passengers, 7 & 8 Vict. c. 85, s. 6 to 10 Conviction — form of, schedule G, page 80: schedule C, page 132: schedule, page 186 192 Index to Public General Acts, Copyhold Lands — 8 Vict. c. 18, s. 95 to 98 Coroners — proceedings before, in cases of disputed compensation, 8 Vict. c. 18, s. 39 to 57 Corporations — service of notices to, 8 Vict. c. 18, s. 20 Costs in cases of money deposited in the bank, 8 Vict. c. 18, s. 80 of conveyances, 8 Vict. c. 18, s. 72, 73 recovery of, 8 Vict. c. 18, s. 136 to 149 Court of Chancery — application by the, of compensation to parties under disability, 8 Vict. c. 18, s. 69 to 80 application by the, of money deposited as compensation to com- moners, 8 Vict. c. 18, s. 107 ■ application by the, of money deposited as value of lands entered by promoters before purchase, 8 Vict. c. 18, s. 87 may enforce execution of works for drainage of lands in Ireland, 8 Vict. c. 20, s. 27 • taxation of costs of convey- ances by one of the officers of the, 8 Vict. c. 18, s. 83 Creditors — provision for enforcing the rights of, 8 Vict. c. 16, s. 38 to 55 remedies of, against the shareholders, 8 Vict. c. 16, s. 36, 37 Crossing of Roads and other inter- ference therewith, 5 & 6 Vict. c. 55, s. 9, 12, 13 ; 8 Vict. c. 20, s. 46 to 67 Curves — deviations from, 8 Vict. c. 20, s. 14 Cuttings — making of tunnels in lieu of, 8 Vict. c. 20, s. 14 Damages — recovery of, 8 Vict. c. 16, s. 142 to 158 ; c. 20, s. 140 to 160 Death of Shareholders — transmis- sion of shares by, 8 Vict. c. 16, s. 18, 19 Debts — proof of, in cases of claims against bankrupts or insolvents, 8 Vict. c. 16, s. 140 eclaration in action for calls, 8 Vict. c. 16, s. 26 • of dividends, 8 Vict. c. 16, s. 120 to 123 of forfeiture of shares for nonpayment of calls, 8 Vict. c. 16, s. 30, 31, 32, 34 • of transmission of shares bv other means than transfer, 8 Vict, c. 16, s. 18, 19, 30 ■ that forfeiture of shares was confirmed, 8 Vict. c. 16, s. 33 Deed Poll — vesting of lands in company upon a, being executed, 8 Vict. c. 18, s. 75, 77, 97, 100, 107, 109, 111, 113, 117 Deeds of Transfer of shares, 8 Vict, c. 16, s. 14, 15 Deposit of Accounts with over- seers and clerks of the peace, 8 Vict. c. 20, s. 107 with the treasury by com- panies liable to options of revi- sion and purchase, 7 & 8 Vict. c. 85, s. 5 Deposit in the Bank of compensa- tion for release of lands from rent charges, 8 Vict. c. 18, s. 117 of compensation payable to commoners, 8 Vict. c. 18, s. 107 of money payable to mort- gagees, 8 Vict. c. 18, s. 109, 111, 113 of purchase money in the case of parties under disability, 8 Vict. c. 18, s. 9, 69 to 80 ■ of purchase money previous to entry upon lands by promoters, 8 Vict. c. 18, s. 85 to 88 Deposit of Plans and Sections , of alterations from the original plans and sections, with clerks of the peace, parish clerks, &c., 8 Vict, c. 20, s. 6 to 10 with clerks of the peace, parish clerks, &c., of certificate of justices stating errors in plans and books of reference, 8 Vict. c. 20, s. 7 Deposit of Special Acts — with clerks of the peace and town clerks, 8 Vict. c. 16, s. 16], 162; c. 18, s. 150, 151 Index to Public General Acts, 193 Deviations from engineering works described in plan and section, 8 Vict. c. 20, s. 11 to 15 Directors — appointment and rota- tion of, 8 Vict. c. 16, s. 81 to 89 election of, 8 Vict. c. 16, s. 72 powers of the company to be exercised by the, 8 Vict. c. 16, s. 13, 15, 18, 29, 30, 32, 40, 70, 90, 106, 110, 115 to 119, 120,122,139 ■ powers of the company not to be exercised by the, 8 Vict. c. 16, s. 91 — : proceedings and liabilities of the, 8 Vict. c. 16, s. 92 to 100 Disputes between connecting rail- ways, 5 & 6 Vict. c. 55, s. 11 settlement of, by arbitration, 8 Vict. c. 16, s. 128 to 134 ; c, 20, s. 126 to 137 Disputed compensation — settlement of eases of, 8 Vict. c. 18, s. 21 to 23 method of proceeding before justices in cases of, 8 Vict. c. 18, s. 24 method of proceeding by arbitration in cases of, 8 Vict. c. 18, s. 25 to 37 method of proceeding before a jury incases of, 8 Vict. c. 18, s. 38 to 57 -method of proceeding in cases of, where owners are not to be found, 8 Vict. c. 18, s. 58 to 67 Settlement of, in respect of lands injuriously affected by works, 8 Vict. c. 18, s. 68 Distress against goods of company, 8 Vict. c. 16, s. 142 ; c. 20, s. 140 against goods of treasurer of the company, 8 Vict. c. 16, s. 143 ; c. 18, s. 140 ; c. 20, s. 141 • levy of penalties by, 8 Vict. 0. 16, s. 148 to 151 ; c. 18, s. 137 to 141 ; c. 20, s. 140 to 149 Distribution of the capital of the company into shai-es, 8 Vict. c. 16, s. 6 to 13 Dividends — making of, 8 Vict. c. 16, s. 72, 120 to 123 payment of interest on money borrowed in preference to, 8 Vict. c. 16, s. 48 Drains — making of, 8 Vict. c. 20, s. 16,68 Drainage of lands in Ireland, 8 Viot. c. 28, s. 25 to 29 Dublin Gazette, 8 Vict. c. 16, s. 30, 51 Duties of auditors, 8 Vict. c. 16, s. 101 to 108 Electrical Telegraphs, 7 & 8 Vict. c. 85, s. 13, 14 Embankments — ^making of, 8 Vict. c. 20, s. 11, 14 Enforcement of payment of calls, 8 Vict. c. 16, s. 25 to 28 Enfranchisement of copyhold lands, 8 Vict. c. 18, s. 95 to 98 Engines and carriages to be used on railway, 8 Vict. c. 28, s. 114 to 125 Engineers, 1 & 2 Vict. c. 98 s. 5 Entry upon lands adjoining railway to repair or prevent accidents, 5 &6 Vict. c. 55, s. 14: 8 Vict. c. 20, s. 33 ■ upon lands by promoters be- fore purchase, 8 Vict. c. 18, s. 84 to 92 Evidence in action for calls, 8 Vict. c. 16, s. 27, 28 ■ — of authority for borrowing money, 8 Vict. c. 16, s. 40 • of bye-laws, 8 Vict. c. 16, s. 127 ' of forfeiture of shares, 8 Vict. c. 16, s. 33 • of offer of superfluous lands to landowners, 8 Vict. c. 18, s. 129 • of plans and books of refer- ence, 8 Vict. c. 20, s. 10 of transmission of shares by other means than transfer, 8 Vict. c. 16, s. 18, 19 of proceedings of company and directors, 8 Vict. c. 16, s. 98 of title to shares, 8 Vict. c. 16, s. 12, 33 • that capital has been sub- scribed, 8 Vict. c. 16, s. 40 ; c. 18, s.17 Exchequer Court, Ireland. Appli- cation by the — of compensation to parties under disability, 8 Vict, c. 18, s. 69 to 80 of money deposited as com- pensation to commoners, 8 Vict, c. 18, s. 107 • of money deposited as the value of lands entered by promo- 194 Index to Public General Acts* ters before purchase, 8 Vict. c. 1 8, s. 87 Execution against shareliolders, 8 Vict. c. 16, s. 36, 37 Exercise of power to borrow money, 8 Vict. c. 16, s. 38 to 55 of power to make contracts, 8 Vict. c. 16, s. 97 ■ of the right of voting by shareholders, 8 Vict. c. 16, s. 66 to 80 Extraordinary Meetings of share- holders, 8 Vict. c. 16, s. 68 to 70 Fares for conveyance of military and police, 7 & 8 Vict. c. 85, s. 12 for conveyance of third class passengers, 7 & 8 Vict. c. 85, s. 6 to 10 Fee for certificate of shares, 8 Vict. c. 16, s. 11, 13 for copy of shareholder's address-book, 8 Vict. c. 16, s. 10 - for entry of transfer of shares, 8 Vict. c. 16, s. 15, 18 for registry of transfer of mortgage or bond, 8 Vict. c. 16, s.47 • for registry of transfer of stock, 8 Vict. c. 16, s. 62 Female Shareholders — transmission of shares by marriage of, 8 Vict. c. 16, s. 18, 19 Fences to bridges over railway, 8 Vict. c. 20, s. 50 to highways crossed on the level, 8 Vict. c. 20, s. 61, 62 ■ to lands temporarily used by company, 8 Vict. c. 20, s. 40 to railway, 5 & 6 Vict. c. 55, s. 10 : 8 Vict. c. 20, s. Fines — see Penalties Forfeiture of shares for nonpayment of calls, 8 Vict. c. 16, s. 29 to 35 Forfeitures — recovery of, 8 Vict. c. 18, s. 136 to 149 Form — in which portions of acts may be incorporated with other acts, 8 Vict. c. 16, s. 5 ; c. 18, s. 5 ; c. 20, s. 5 . of bond, schedule D, page 79 — of certificate of share, sche- dule A, p. 78 • of conveyance, schedule A, p. 131 Form — of conveyance on chief rent, schedule B, p. 131 of conviction, schedule G, p. 80 : schedule C, p. 132 : sche- dule, p. 186 of mortgage deed, schedule C, p. 79 of proxy, schedule F, p. 80 of transfer of mortgage or bond, schedule E, p. 80 • of transfer of shares or stock. schedule B, p. 78 Fund for Contingencies — 8 Vict. c. 16, s. 122 Gas Pipes — alteration of, 8 Vict. c. 20, s. 18 to 23 Gas Works — consent of proprietors of, to alteration of levels of rail- way, 8 Vict. c. 20, s. 11, 12 Gates at level crossings, 5 & 6 Vict. c. 55, s. 9 : 8 Vict. c. 20, s. 47, 75 General Meetings of the company, 8 Vict. c. 16, s. 66 to 80 Powers of the company to be exercised only at, 8 Vict. c. 16, s. 91 Giving k)f Notices — 8 Vict. c. 16, s. 135 to 139 Goods — carrying of, upon railway, and tolls to be taken thereon, 8 Vict. c. 20, s. 86 to 107 Gradients — deviations from, 8 Vict, c. 20, s. 14 " Grant' — effect of the word, in con- veyances, 8 Vict. c. 18, s. 132 Guarantee — to accompany revised scale of tolls, 7 & 8 Vict. c. 85, s. 1,4 Guardians of Minors — ^votes of, 8 Vict. c. 16, s. 79 Gunpowder — conveyance of, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict. c. 85, s. 12 Highwater Mark — consent of ad- miralty and woods and forests to execution of works below, 8 Vict, c. 20, s. 17 Highways — ^level crossings of, 5 & 6 Vict. c. 55, s. 9, 12, 13 : 8 Vict. c. 20, s. 46, 59 to 62 House — ^part of a, not to be required to be sold, 8 Vict. c. 18, s. 92 Incapacitated Persons enabled to sell and convey, 8 Vict. c. 18, s.7, 8 Index to Public General Acts. 195 Incapacitated Persons — mode of as- certaining compensation in cases of, 8 Vict. c. 18, s. 9 restraint on purchase of lands from, 8 Vict. c. 18, s. 14 application of purchase mo- ney or compensation coming to, 8 Vict. c. 18, s. 69 to 80 Indemnity of directors, 8 Vict. c. 16, s. 100 Insolvency — proof of debts in, 8 Vict. c. 16, s. 140 of shareholders, transmission of shares by, 8 Vict. c. 16, s. 18, ]9 Inspection of accounts by mortga- gees and bond creditors, 8 Vict, c. 16, s. 55 of accounts by the public, 8 Vict. c. 20, s. 107 of accounts by the share- holders, 8 Vict. c. 16, s. 115 to 119 . of accounts by the treasury, 7 & 8 Vict. c. 85, s. 5 of mines, 8 Vict. c. 20, s. 78, 83, 84 of plans and books of refer- ence, 8 Vict. c. 20, s. 9 of railway, 3 & 4 Vict. c. 97 s. 5, 6 : 5 & 6 Vict. c. 55, s. 6 : 7 & 8 Vict. c. 85, s. 15 of register of loan notes, 7 & 8 Vict. c. 85, s. 21 of register of mortgages and bonds, 8 Vict. c. 16, s. 45 ■ of register of shareholders. 8 Vict. c. 16, s. 36 ■ of register of stock, 8 Vict. c. 16, s. of shareholders' address - book, 8 Vict. c. 16, s. 10 of special acts, 8 Vict. c. 16, s. 161, 162 ; c. 18, s. 150, 151 ; c. 20, s. 162, 163 Inspectors of Railways, 3 & 4 Vict. c. 97, s. 5, 6 : 5 & 6 Vict. c. 55, s. 6 : 7 & 8 Vict. c. 85, s. 15 Interest in lands by mistake omitted to be purchased, 8 Vict. c. 18, s. 124 to 126 on calls unpaid, 8 Vict. c. 16, 8. 23, 25, 27, 29, 34, 35 Interest on money borrowed, 8 Vict. c. 16, s. 48, 49, 52, 53 on payment of subscriptions before call, 8 Vict. c. 16, s. 24 Interpretation of Words, 1 & 2 Vict. c. 98, s. 19 : 3 & 4 Vict. c. 97, s. 21: 5&6Vict. c, 55,s. 21: 7&8 Vict. c. 85, s. 25 : 8 Vict. c. 16, s. 2 to 4 ; c. 18, s. 2 to 4 ; c. 20, s. 2 to 4 Intersected Lands — purchase of small portions of, 8 Vict. c. 18, s. 93, 94 Ireland — drainage of lands in, 8 Vict. c. 20, s. 25 to 29 Joint Proprietors — notices to, 8 Vict. c. 16, s. 137 Joint Shareholders — votes of, 8 Vict. c. 16, s. 78 Jury — proceedings before a, in cases of disputed compensation, 8 Vict. c. 18, s. 23, 38 to 57, 68, 125 Justices — appointment by, of receiver of tolls, 8 Vict. c. 16, s. 54 appointment by, of surveyor to value commonable and other rights in lands, 8 Vict. c. 18, s. 106 appointment by, of surveyors to value lands belonging to parties who cannot be found, 8 Vict. c. 18, s. 58 to 60 appointment by, of surveyor to value lands previous to entry of promoters before purchase, 8 Vict. c. 18, s. 85 • appointment by of surveyors to value lands purchased from parties under disability, 8 Vict. c. 18, s. 9 apportionment by, of copy- hold rents, 8 Vict. c. ]8, s. 98 apportionment by, of rent- charges, 8 Vict. c. 18, s. 116 ■ apportionment by, of rent of land subject to leases, 8 Vict. c. 18, s. 119 certificate of, stating en*ors and omissions in plans and books of reference, 8 Vict. c. 20, s. 7 certificate of, that capital has been subscribed, 8 Vict. c. 16, s. 40 ; c. 18, s. 17 k2 196 Index to Public General Acts, Justices — consent of, to alterations of levels of railway, 8 Vict. c. 20, s. 11, 12 consent of, to railway being carried across highway on the level, 8 Vict. c. 20, s. 46, 59 determination of matters re- ferred to, 8 Vict. c. 20, s. 140 to 160 may decide disputes as to necessity for fences and gates to lands temporarily occupied, 8 Vict. c. 20, s. 40 may decide disputes as to position of water and gas pipes, 8 Vict. c. 20, s. 19 may decide disputes as to temporary occupation of lands, 8 Vict. c. 20, s. 36 to 38 - may declare balance owing by officers of the company, and imprison for non-payment, 8 Vict, c. 16, s. Ill ■ may determine rent payable for temporary occupation of lands, 8 Vict. c. 20, s. 43, 44 ■ may determine security to be given by company for payment of compensation to landowners for temporary occupation of lands, 8 Vict. c. 20, s. 39 • may direct company to re- pair roads used by them, 8 Vict. c. 20, s. 58 - may direct manner in which materials shall be taken from lands temporarily occupied, 8 Vict, c. 20, s. 41 - may fine or imprison persons obstructing inspectors of railways, 3 & 4 Vict. c. 97, s. 6 • may fine or imprison persons obstructing officers of company, or trespassing upon railway, 3 & 4 Vict. c. 97, s. 16 may fine or imprison ser- vants of company guilty of mis- conduct, 3 & 4 Vict. c. 97, s. 13, 14: 5 &6 Vict. c. 55, s. 17, 18 may imprison officers of company refusing to deliver up documents, 8 Vict. c. 16, s. 112 • may issue warrant for ap- prehension of officers of company about to abscond, 8 Vict. c. 16, s. 113 Justices may mitigate penalties for breach of bye-laws, 8 Vict. c. 16, s. 126 may order company to make approaches and fences to highways crossed on the level, 8 Vict. c. 20, s. 62 may order company to re- pair bridges, gates, fences, &c., 8 , Vict. c. 20, s. 65 may order delivery to com- pany of matters in possession of toll collectors, 8 Vict. c. 20, s. 106 may order payment of da- mage done by servants of owners of carriages, 8 Vict. c. 20, s. 124, 125 ■ may order penalties for not making screens to roads to be laid out in executing the work, 8 Vict, c. 20, s. 64 ■ may order toll collectors to pay costs of detention of goods, 8 Vict. c. 20, s. 102 - may settle compensation for temporary occupation of private roads, 8 Vict. c. 20, s. 30 may summon witnesses, 8 Vict. c. 18, s. 143 ■ proceedings before, for reco- very of damages and penalties, 8 Vict, c. 16, s. 142 to 160 ; c. 18, s. 89, 90, 136 to 149 ; c. 20, s. 140 to 160 • proceedings before, in cases of disputed compensation, 8 Vict, c. 18, s. 24 -repeal of provisions empower- ing, to decide disputes respecting the proper places for making branch communications with railway, 3 & 4 Vict. c. 97, s. 18 -repeal of provisions requiring confirmation of bye-laws by, 7 & 8 Vict. c. 97, s. 10 ■ settlement of disputes by, as to compensation to owners and occupiers of lands, 8 Vict. c. 18, s. 22 to 24, 125 • to determine costs and ex- penses of detention of good8,8 Vict, c. 20, s. 101 Index to Public General Acts. 197 Justices to determine differences as to works for accommodation of lands adjoining railway, 8 Vict. c. 20, s. 69, 70, 71 to determine disputes as to amount of tolls, 8 Vict. c. 20, s. 100 Keeping of Accounts — 8 Vict. c. 16, s. 115 to 119 Lands — compulsory powers of taking 5 & 6 Vict. c. 55, s. 15 : 8 Vict. c. 18, s. 123 conveyances of, 8 Vict.c. 18, s. 81 to 83 entry upon, by promoters, before purchase, 8 Vict. c. 18, s. 84 to 92 interests in, by mistake omit- ted to be purchased, 8 Vict. c. 18, s. 124 to 126 purchase of, by agreement, 8 Vict. c. 18, s. 6 to 15 - purchase £ind taking of, other- wise than by agreement, 8 Vict, c. 18, s. 16 to 68. • purchase of, for additional stations, 8 Vict. c. 20, s. 45 • purchase of small portions of, divided by works, 8 Vict. c. 18, 8. 93, 94 release of, from rent charges and other payments, 8 Vict. c. 18, s. 115 to 118 sale of, not required by pro- moters, 8 Vict. c. 18, s. 127 to 132 temporary occupation of, near the railway during the con- struction thereof, 8 Vict. c. 20, s. 30 to 44 . vesting of, in company upon a deed poll being executed, 8 Vict, c. 18, s. 75, 77, 97, 100, 107, 109, 111, 112, 117 -adjoining railway,entry upon. 5 & 6 Vict. c. 55, s. 14 adjoining railway, works for protection and accommodation of, 8 Vict. c. 20, s. 68 to 76 ^being common or waste lands, 8 Vict. c. 18, s. 99 to 107 '- in Ireland, drainage of, 8 Vict. c. 20, s. 25 to 29 of copyhold or customary tenure, 8 Viet. c. 18, s. 95 to 98 Lands subject to leases, 8 Vict. c. 18, s. 119 to 122 subject to mortgage, 8 Vict. c. 18, s. 108 to 114 Land Tax — ^payment of, by promo- ters, 8 Vict. c. 18, s. 133 Lateral Deviations from line of rail- way delineated on plan, 8 Vict, c. 20, s. 15 Leases — application of compensation in respect of, 8 Vict. c. 18, s. 74 lands subject to, 8 Vict. c. 18, s. 119 to 122 Leasing of the railway, 8 Vict. c. 20, s. 112, 113 Lessees of railway, 1 & 2 Vict. c. 98, s. 14 Levels — entry upon lands for purpose of taking, 8 Vict. c. 18, s. 84 of railwav, deviations from, 8 Vict. c. 20, s. 11, 12 Level Crossings of road, 5 & 6 Vict, c. 55, s. 9, 12, 13 : 8 Vict. c. 20, s. 46 to 48, 59 to 62 Liabilities of the directors, 8 Vict, c. 16, s. 92 to 100 Limited Lnterests — parties having, enabled to seU and convey lands, 8 Vict. c. 18, s. 6 to 15 application of purchase mo- ney or compensation coming to, 8 Vict. c. 18, s. 69 to 80 Loans — conversion of, into capital, 8 Vict. c. 16, s. 56 to 60 Loan Creditors — ^provision for en- forcing the rights of, 8 Vict. c. 16, s. 38 to 55 Loan Notes and other illegal secu- rities, 7 & 8 Vict. c. 85, s. 19, 20,21 London Gazette — 8 Vict. c. 16, s. 30, 51 Lord of the Manor — apportionment by the, of copyhold rents, 8 Vict, e. 18, s. 98 conveyance by the, of com- mon or waste lands, 8 Vict. c. 18, 8. 99, 100 enfranchisement by the, of lands, 8 Vict. c. 18, s. 96, 97 Lunatics — votes of, 8 Vict. c. 16, s. 79 Mails — conveyance of, 1 & 2 Vict. c. 98 : 7 & 8 Vict. c. 85, s. 11 198 Index to Public General Acts, Making of bye-laws, 1 & 2 Vict. c. 98, s. 11 : 3 & 4 Vict. c. 97, s. 7 to 10, 13 : 8 Vict. c. 16, s. 124 to 127 ; c. 20, s. 108 to 111 of dividends, 8 Vict. c. 16, s. 120 to 123 Marines — conveyance of,5 & 6 Vict. c. 55, s. 20: 7 & 8 Vict. c. 85, s. 12 Marriage of female shareholders — transmission of shares by, 8 Vict. c. 16, s. 18, 19 Means of enforcing the payment of calls, 8 Vict. c. 16, s. 21 to 28 Meetings of committees of directors, 8 Vict. c. 16, s. 96 of directors, 8 Vict. c. 16, s. 92, 93, 94, 98 of the company, and exercise of the right ofvotingbythe share- . holders, 8 Vict. c. 16, s. 66 to 80 of the company, powers to be exercised only at, 8 Vict. c. 16, s. 91 Metropolitan Police District — ^pay- ment of penalties to receiver of the, 8 Vict. c. 18, s. 148 ; c. 20, s. 159 Milestones along line of railway, 8 Vict. c. 20, s. 94, 95 Military — conveyance of, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict, c. 85, s. 12 Mines — working of, 8 Vict. c. 20, s. 77 to 85 Minors — ^votes of, 8 Vict. c. 16, s. 79 Minvtes of proceedings of directors and company, 8 Vict. c. 16, s. 98 Mortgage — ^borrowing of money on, 8 Vict. c. 16, s. 38 to 55 form of, schedule C, page 79 form of transfer of, sche- dule E, page 80 - lands subject to, 8 Vict. c. 18, s. 108 to 114 Mortgagees — ^rights of, 8 Vict. c. 16, s. 42, 121 Municipal Corporations — restraint on sale of lands by, without the approbation of the Treasury, 8 Vict. c. 18, s. 15 Navigations — consent of proprietors of, to alteration of levels of rail- way, 8 Vict. c.20, s. 11, 12 New Shares — creation of, in lieu of borrowing money, 8 Vict. c. 16, s. 56 to 60 Nonpayment of Calls — ^forfeiture of shares for, 8 Vict. c. 16, s.29 to 35 Notices by advertisement, 8 Vict. c. 16, s. 138 by creditors of company to shareholders of application to order execution, 8 Vict. c. 16, s. 36 by directors of closing of transfer books, 8 Vict. c. 16, s. 17 • by directors to shareholders of intention to declare shares for- feited for non-payment of calls, 8 Vict. c. 16, s. 30, 31, 33 by shareholders to directors to convene an extraordinary meet- ing of the company, 8 Vict. c. 16, s. 70 • for appointment of arbitra- tors, 8 Vict. c. 16, s. 128, 129; c. 18, s. 25, 26 ; c. 20, s. 126, 127 -for appointment of surveyors to value lands of parties under disability, 8 Vict. c. 18, s. 9 • of desire to have questions of disputed compensation tried before a special jury, 8 Vict. c. 18, s. 54 of intention to appeal to Quarter Sessions, 8 Vict. c. 16, s. 159; c. 18, s. 146; c. 20, s. 157 of meetings of shareholders, 8 Vict. c. 16, s. 71 to treasurer previous to issu- ing warrant of distress against his goods, 8 Vict. c. 16, s. 143 ; c. 18, s. 140 ; c. 20, s. 141 - service of, 8 Vict. c. 16, s. 135 to 139; c. 18, s. 134; c. 20, s. 67, 138 Notices by Company — authentica- tion of, 8 Vict. c. 16, s. 139 of intended alterations in the levels of railway, 8 Vict. c. 20, s. 11, 12 • of intention to apply for con- sent of justices to level crossings of roads, 8 Vict. c. 20, s. 59 ■ of meeting of parties enti- tled to commonable or other rights in lands, 8 Vict. c. 18, s. 102 to remove improper engines Index to Public General Acts. 199 from the railway, 8 Vict. c. 20, s. 116 Notices by Company to Board of Trade of accidents attended with serious personal injury, 5 & 6 Vict. c. 55, s. 7 to Board of Trade of entry upon lands adjoining railway to repair or prevent accidents, 5 & 6 Vict, c. 55, s. 14 to Board of Trade of opening of railway, 3 & 4 Vict. c. 97, s. 1, 2 : 5 & 6 Vict. c. 55, s. 3 to 6 to Board of Trade — service of, 3 & 4 Vict. c. 97, s. 20 : 5 &6 Vict. c. 55, s. 19: 7 & 8 Vict. c.85,s.23: 8 Vict. c. 20, s. 67,138 to landowners before sum- moning a jury, 8 Vict. c. 18, s. 38 • to landowners of entry upon lands for purposes of surveying, taking levels, &c., 8 Vict. c. 18, s. 84. to landowners of intention to apply to Board of Trade for ex- tension of compulsory powers of taking land, 5 & 6 Vict. c. 55, s. 15 to landowners of intention to apply to justices for correction of errors in plans and books of reference, 8 Vict. c. 20, s. 7 to landowners of lands in- tended to be taken, 8 Vict. c. 18, 8. 18 to 20 to landowners of temporary occupation of lands, 8 Vict. c. 20, s. 33, 34 to landowners of temporary occupation of roads, 8 Vict. c. 20, s. 30, 31 to landowners of time and place of inquiry before a jury, 8 Vict. c. 18, s. 46 to mortgagees and bond cre- ditors of intention to repay money borrowed, 8 Vict. c. 16, s. 51, 52 to mortgagees of intention to pay off mortgages, 8 Vict, c, 18, s. 108 to owners of mines before in- spection there of, 8 Vict. c. 20, s. 83 to owners of mines to con- struct works for making safe the railway, 8 Vict. c. 20, s. 85 Notices by Company to shareholders of times and places appointed for payment of calls, 8 Vict. c. 16, s. 22,27 to shareholders — ^service of, 8 Vict. c. 16, s. 136, 137 ■ to toll collectors for delivery of matters in their possession, 8 Vict. c. 20, s. 106. to water and gas companies of alteration of pipes, 8 Vict. c. 20, s. 18 Notices by or to Company of inten- tion to apply to Board of Trade to modify the construction of roads, bridges, or other engineer- ing works, 8 Vict. c. 20, s. 66. Notices to Company of application to Board of Trade to order screens for roads to be made, 8 Vict. c. 20, s. 63 of application to Justice* to order approaches and fences to be made to highways crossed on the level, 8 Vict. c. 20, s. 61 ■ of application to Justices to order repair of bridges, gates, fences, &c., 8 Vict. c. 20, s. 65. service of, 1 & 2 Vict. c. 98, s. 15: 8 Vict. c. 16, s. 335: c. 18, s. 134 : c. 20, s. 138 from the Board of Trade, 3 & 4 Vict. c. 97, s. 20 : 5 & 6 Vict. c. 55, s. 19 : 7 & 8 Vict. c. 85, s. 23 : 8 Vict. c. 20, s. 67 from the Board of Trade of intention to direct proceedings to enforce provisions of acts, 7 & 8 Vict. c. 85, s. 18 • from owners of engines of place for inspection of engines, 8 Vict. c. 20, s. 115 from landowners objecting to temporary occupation of lands, 8 Vict. c. 20, s. 35 from landowners objecting to temporary occupation of roads, 8 Vict. c. 20, s. 31 - from landowners of appeal to Board of Trade against altera- tions in levels of railway, 8 Vict, c. 20, s. 12 -from landowners of desire to settle disputes as to compen- 200 Index to Public General Acts, sation by arbitration, 8 Vict. c. 18, s. 23, 64, 68 Notices to Company from land- owners of interest inlands by mis- take omitted to be purchased, 8 Vict. c. 18, s. 124 from landowners requiring purchase of lands temporarily oc- cupied, 8 Vict. c. 20, s. 42 from mortgagees and bond creditors for repayment of money, 8 Vict. c. 16, s. 51 from owners of mines before commencement of working, 8 Vict. c. 20, s. 78 from postmaster-general, 1 6 2 Vict. c. 98, s. 1, 7, 8, 9, 13, 15 from the treasury of inten- tion to revise the scale of tolls, 7 & 8 Vict. c. 85, s. 1, 4 ■ from the treasury of inten- tention to purchase railway, 7 & 8 Vict. c. 85, s. 2, 4 • from the treasury of inten- tion to apply to parliament for powers to exercise the options of revision or purchase, 7 & 8 Vict. c. 85, s. 4 Nuisance — company liable to action for, 8 Vict. c. 20, s. 32 Obligees in Bonds — rights of, 8 Vict. c. 16, s. 44, 121 Obstructions — ^penalty for obstruct- ing carriages or engines or en- dangering safety of passengers, 3 & 4 Vict. c. 97, s. 15 penalty for obstructing con- struction of railway, 8 Vict. c. 20, s. 24 ■ penalty for obstructing in- spectors of railway, 3 & 4 Vict, c. 97, s. 6 • penalty for obstructing offi- cers of company, 3 & 4 Vict. c. 97, s. 16 • penalty for obstructing sup ply of water or gas, 8 Vict. c. 20, s. 23 officers of Company — accountability of the, 8 Vict. c. 16, s. 109 to 114 - bye laws regulating the con- duct of the, 8 Vict. c. 16, s. 124 to 127 may detain engine drivers, guards, porters, or other servants of company guilty of misconduct, 3 & 4 Vict. c. 97, s. 13, 14 : 5 & 6 Vict. c. 55, s. 17, 18 Officers of Company may detain of fenders whose names and address- es are unknown, 8 Vict. c. 16, s. 156 ; c. 20, s. 104 may detain persons causing obstructions, or trespassing upon railway, 3 & 4 Vict. c. 97, s. 16 penalty for obstructing the, 3 & 4 Vict. c. 97, s. 16 penalty on, for making false returns to the Board of Trade, 3 & 4 Vict. c. 97, s. 4 Opening of Railway — 3 & 4 Vict. c. 97, s. 1, 2 ; 3 & 4 Vict. c. 55, s. 3 to 6 Operation of Acts — 8 Vict. c. 16, s. 1 ; c. 18, s. 1 ; c. 20, s. 1 Options of Revision and Purchase —7 & 8 Vict. c. 85, s. 1 to 5 Ordnance Corps — conveyance of, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict. c. 85, s. 12 Overseers of the Poor — deposit with ofcopy of annual accounts, 8 Vict. c. 20, s. 107 payment to, of moiety of penalties, 8 Vict. c. 16^ s. 152 ; c. 18, s, 139 Owners of carriages — Pliability of, for damage by their servants, 8 Vict. c. 20, s. 124, 125 of carnages, registry of names of, 8 Vict. c. 20, s. 120, 121 of carriages and engines, 1 & 2 Vict. c. 98, s. 10 of carriages and goods, to give account of lading to collectors of tolls, 8 Vict. c. 20, s. 98, 99 " ofengines, notice by to com- pany of place for inspection of engines, 8 Vict. c. 20, s. 115 • of engines, penalty on, for using improper engines, 8 Vict, c. 20, s. 116 of mines, working by, of mines lying under or near the railway, 8 Vict. c. 20, s. 77 to 85 Owners and Occupiers of Lands — compensation to, 8 Vict. c. 20, s. 6 Index to Public General Acts, 201 Owners and Occupiers of Lands — compensation to for airways and other works necessary to working of mines, 8 Vict. c. 20, s. 82 compensation to, for loss by reason of works necessary to re- pair or prevent accidents, 5 & 6 Vict. c. 55, s. 14 compensation to, for tempo- rary occupation of lands, 8 Vict, c. 20, s. 43, 44 consent of, that tunnels be not made, 8 Vict. c. 20, s. 13 consent of, to alterations of levels of railway, 8 Vict. c. 20, s. 11, 12 consent of, to lateral devia- tions from line of railway deline- ated on plans, 8 Vict. c. 20, s. 15 • disputes between, and com- pany, respecting branch commu- nications, 3 & 4 Vict. c. 97, s. 18, 19 : 5 & 6 Vict. c. 55, s. 12 : 8 Vict. c. 20, s. 76 manner of settling disputes as to compensation to, 8 Vict. c. 18, s. 21 to 68 may direct manner in which materials shall be taken from lands temporarily occupied, 8 Vict. 0. 20, s. 41 may require company to fence off lands temporaiily used, 8 Vict, c. 20, s. 40 may require company to give security for payment of compen- sation for temporary use of lands, 8 Vict. c. 20, s. 39 ■ may require company to pur- chase lands temporarily occupied, 8 Vict. c. 20, s. 42 notice by, to company ob- jecting to temporary occupation of lands, 8 Vict. c. 20, s. 35 notice by, to company ob- jecting to temporary occupation of roads, 8 Vict. c. 20, s. 31 — notice to, of entry upon lands for purposes of surveying, taking levels, &c., 8 Vict. c. 18, s. 84 notice to, of intention of company to apply to Board of Trade for extension of compulsory powers of taking land, 5 & 6 Vict, c. 55, s. 15 Owners and Occupiers of Lands — notice to, of intention of com- pany to apply to justices for correction of errors in plans and books of reference, 8 Vict. c. 20, s. 7 notice to, of intention to take lands, 8 Vict. c. 18, s. 18 to 20 Notice to, of temporary oc- cupation of lands, 8 Vict. c. 20, s. 33, 34 notice to, of temporary ocv cupation of roads, 8 Vict. c. 20, s. 30 penalty on, for omission to fasten gates, 8 Vict. c. 20, s. 75 proceedings in case of refu- sal by, to deliver possession of lands, 8 Vict. c. 18, s. 91 purchase by, of lands not required by company, 8 Vict, c, 18, s. 128 to 132 • sale by, of small parcels of land divided by works, 8 Vict. c. 18, s. 93, 94 • works for accommodation of, 8 Vict. c. 20, s. 68 to 76 under disability, to convey lands to company upon deposit of purchase money in the bank, 8 Vict. c. 18, s. 75 Parish Clerks — deposit with, of cer- tificate of justices, stating the par- ticulars of errors in plans and books of reference, 8 Vict. c. 20, s. 7 deposit with, of plans and sections of alterations approved of , by parliament from original plans and sections, 8" Vict. c. 20, s. 8 to 10 Parties having limited interests ena- bled to sell and convey lands, 8 Vict. c. 18, s. 6 to 15 deposit and application of purchase money or compensation coming to, 8 Vict. c. 18, s. 69 to 80 Passengers — carrying of, upon rail way, 8 Vict. c. 20, s. 86 to 107 202 Index to Public General Acts, Payment of interest on money bor- rowed, 8 Vict. c. 16, s. 48 of subscriptions, 8 Vict. c. 16, s. 21 to 28 Penalties — application of, 5 & 6 Vict. c. 55, s. 22 : 7 & 8 Vict. c. 85, s. 24: 8 Vict. 0. 16, s. 152; c. 18, s. 139, 148; c. 20, s. 150, 159 for bringing dangerous goods on railway, 8 Vict. c. 20, s. 105 for defacing boards used for publication of penalties, 8 Vict. c. 16, s. 146 for obstructing construction of railway, 8 Vict. c. 20, s. 24 for obstructing engines or carriages, or endangering safety of passengers, 3 & 4 Vict. c. 97, s. 15 • for obstructing inspector of railways, 3 & 4 Vict. c. 97, s. 6 for obstructing officers of company, or trespassing on rail- way, 3 & 4 Vict. c. 97, s. 16 for offending against bye- laws, 8 Vict. c. 20, s. 109, 110 ■ for using improper carnages, 8 Vict. c. 20, s. 119 for using improper engines, 8 Vict. c. 20, s. 116 recovery of, 8 Vict. c. 16, s. 142 to 158 ; c. 18, s. 136 to 149; c. 20, s. 140 to 160 Penalty on Company entering upon lands without consent before pay- ment or deposit of purchase mo- ney, 8 Vict. c. 18, s. 89, 90 failing to construct screens for roads, 8 Vict. c. 20, s. 64 — failing to keep or deposit copies of special act, 8 Vict. c. 16, s. 161, 162; c. 18, s. 150, 151 • failing to make approaches and fences to highways crossed on the level, 8 Vict. c. 20, s. 62 failing to repair bridges, gates, fences, &c., 8 Vict. c. 20, s. 65 failing to restore roads, 8 Vict. c. 20, s. 57 • for omission to give notice to Board of Trade of accidents, 5 & 6 Vict. c. 55, s. 7, 8 interfering with existing roads before substituting other roads, 8 Vict. c. 20, s. 54 Penalty on Company issuing loan notes or other illegal securities, 7 & 8 Vict. c. 85, s. 19 not delivering returns of traffic &c. to the Board of Trade, 3 & 4 Vict. c. 97, s. 3 not depositing copy of annual account with overseers and clerks of the peace, 8 Vict. c. 20, s. 107 not obeying order of Board of Trade for conducting joint traffic of connecting railways, 5 & 6 Vict, c. 55, s. 11 • not repairing roads used by them, 8 Vict. c. 20, s. 58 - obstructing supply of water or gas, 8 Vict. c. 20, s. 23 opening railway without no- tice, 3 & 4 Vict. c. 97, s. 2 : 5 & 6 Vict. c. 55, s. 5 opening railway contrary to order of the Board of Trade, 5 & 6 Vict. c. 55, s. 6 ■ refusing to convey mails, 1 & 2 Vict. c. 98, s. 12 - refusing to execute bond, or to renew the same when required by the postmaster-general, 1 & 2 Vict. c. 98, s. 13 • refusing to run cheap trains. 7&8 Vict. c. 85, s. 7 using engines not con- suming their own smoke, 8 Vict, c. 20, s. 114 Penalty on Gatekeepers omitting to close gates, 8 Vict. c. 20, s. 47 Penalty on Landowners omitting to fasten gates, 8 Vict. c. 20, s. 75 Penalty on Officers of Company found drunk, or otherwise guilty of misconduct, 3 & 4 Vict. c. 97, s. 13, 14: 5 & 6 Vict. c. 55, s. 17, 18 making false returns to the Board of Trade, 3 & 4 Vict. c. 97, s. 4 for breach of bye-laws, 8 Vict. c. 16, s. 125, 126 Penalty on Owners of Goods not giving account of lading to toll collectors, 8 Vict. c. 20, s. 99 I Penalty on Owners of Mines re- Index to Public General Acts, 203 fusing to allow company to insi)ect mines, 8 Vict. c. 20, s. 84 Penalty on Passengers practising frauds on the company, 8 Vict. c. 20, s. 103, 104 Penalty on Sheriff and Jurymen for making default on the trial of questions of disputed compensa- tion, 8 Vict, c. 18, s. 44 Penalty on Witnesses making de- fault, 8 Vict. c. 16, s. 155 ; c. 18, s. 45, 143 ; c. 20, s. 153 giving false evidence, 8 Vict. c. 18, s. 149 Plans and Sections — correction of errors in, 8 Vict. c. 20, s. 7 deposit of, with clerks of the peace, &c., of alterations approved of by parliament from the original plans and sections, 8 Vict. c. 20, s. 8 to 10 deviations from engineering works described in the, 8 Vict, c. 20, s. 11 to 15 . to be submitted to drainage commissioners in Ireland, 8 Vict, c. 20, s. 25 Police Force — conveyance of, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict. c. 85, s. 12 Poor's Bate — payment of, by pro- moters, 8 Vict. c. 18, s. 133 Postmaster- Getierali 1 & 2 Vict. c. 98 : 7 & 8 Vict. c. 85, s. 11 Postmasters in Ireland — deposit with, of certificate of justices, stating the particulars of errors in plans and books of reference, 8 Vict. c. 20, s. 7 deposit with, of plans and sections of alterations approved of by parliament from the original plans and sections, 8 Vict. c. 20, s. 8 to 10 Powers of the directors and of the company, 8 Vict. c. 16, s. 90, 91 to borrow money, 8 Vict. c. 16, s. 38 to 55 • to make contracts, 8 Vict. c. 16, s. 97 Proceedings of the directors, 8 Vict. c. 16, s. 92 to 100 Promoters — entry upon lands by, 8 Vict. c. 18, s. 84 to 92 Proof of Debts in bankruptcy, 8 Vict. c. 16, s. 140 Prosecutions to enforce provisions of acts, 7 & 8 Vict. c. 85, s. 17, 18 Provision for affording access to special acts, 8 Vict. c. 16, s. 161, 162 ; c. 18, 8. 150, 151 ; c. 20, s. 162, 163 for enforcing the rights of the loan creditors, 8 Vict. e. 16, 8. 38 to 55 Proxy — ^voting by, 8 Vict. c. ] 6, s. 72, 76, 77, 78, 79 form of, schedule F, page 80 Purchase of future railways by the treasury, 7 & 8 Vict. c. 85, s. 2 to 5 of lands by agreement, 8 Vict. c. 18, s. 6 to 15 of lands otherwise than by agreement, 8 Vict. c. 18, s. 16 to 68 of interests in lands which have, by mistake, been omitted, 8 Vict. c. 18, s. 124 to 126 of lands for additional sta- tions, &c., 8 Vict. c. 20, s. 45 of lands temporarily occu- pied, 8 Vict. c. 20, s. 42 of small portions of inter- sected lands, 8 Vict. c. 18, s. 93, 94 entry upon lands before, 8 Vict. c. 18, s. 84 to 92 • limit of time for compulsory, of lands, 8 Vict. c. 18, s. 123 Purchase Money — deposit and ap- plication of, coming to parties having limited interests or pro- vented from treating, or not making title, 8 Vict. c. 18, s. 69 to 80 Purchaser of Shares, 8 Vict. c. 16, s. 15, 33 Qualification of auditors, 8 Vict, c. 16, s. 102 of directors, 8 Vict. c. 16, s. 85 to 87 Quarter Sessions — appeal to, 3 & 4 Vict. c. 97, s. 14 : 8 Vict. c. 16, s. 159, 160; c. 18, s. 146, 147; c. 20, s. 60, 157, 158 Quorum at general meetings, 8 Vict. c. 16, s. 72 204 Index to Public General Acts. Quorum of directors, 8 Vict. c. 16, s. 82, 92 of committees of directors, 8 Vict. c. 16, s. 96 Railway — branch communications with, 3 & 4 Vict. c. 97, s. 18, 19 : 5 & 6 Vict. c. 55, s. 12 : 8 Vict. c. 20, s. 76 bye-laws regulating the use of the, 8 Vict. c. 20, s. 108 to 111 carriages and engines to be used on, 8 Vict. c. 20, s. 114 to 125 carrying of passengers and goods upon the, and tolls to be taken thereon, 8 Vict. c. 20, s. 86 to 107 construction of, and works connected therewith, 8 Vict. c. 20, s. 6 to 24 conveyance of mails by, 1 & 2 Vict. c. 98 : 7 & 8 Vict. c. 85, s. 11 conveyance of military and police by, 5 & 6 Vict. c. 55, s. 20 : 7 & 8 Vict. c. 85, s. 12 conveyance of third class passengers by, 7 & 8 Vict. c. 85, s. 6 to 12 ■ entry upon lands adjoining. 5 & 6 Vict. c. 55, s. 14 inspection of, by persons authorized by the Board of Trade, 3 & 4 Vict. c. 97, s. 5, 6 : 5 & 6 Vict. c. 55, s. 6 : 7 & 8 Vict. c. 85, s. 15 leasing of the, 8 Vict. c. 20, s. 112, 113. opening of, 3 & 4 Vict. c. 97, s. 1, 2 : 5 & 6 Vict. c. 55, s. 3 to 6 temporary occupation of lands near the, during the con- struction thereof, 8 Vict. c. 20, s. 30 to 44 • works for the protection and accommodation of lands adjoining the, 8 Vict. c. 20, s. 68 to 76 working of mines lying un- der or near to the, 8 Vict. c. 20, s. 77 to 85 Receipts and Payments — annual account of, 8 Vict. c. 20, s. 107 Receiver of Tolls, 8 Vict. c. 16, s. 53, 54 Recovery of calls from shareholders residing in Scotland, 8 Vict. c. 16, s. 164 Recovery of damages not specially provided for, and penalties, 8 Vict. c. 16, s. 142 to 158 ; c. 18, s. 136 to 149; c. 20, s. 140 to 160 Refusal to deliver possession of lands — ^proceedings in case of, 8 Vict. c. 18, s. 91 Register of holders of consolidated stock, 8 Vict. c. 16, s. 63 of loan notes, 7 & 8 Vict. c. 85, s. 21 of mortgages and bonds, 8 Vict. c. 16, s. 45, 47 - of shareholders, 8 Vict. c. 16, I s. 8, 9, 13, 18, 20, 28, 30, 36, 78, 137 of transfers, 8 Vict. c. 16, s. 15, 17, 19 Regulations respecting the convey- ance of mails, 1 & 2 Vict. c. 98, s. 5 Remedies of creditors of the com- pany against the shareholders, 8 Vict. c. 16, s. 36, 37 for recovery of tithe rent charged on railway land, 7 & 8 Vict. c. 85, s. 22 Remuneration for conveyance of mails, 1 & 2 Vict. c. 98, s. 6, 7, 8, 9, 16 Rent Charges — ^purchase of land in consideration of, 8 Vict. c. 18, s. 10, 11 release of lands from, 8 Vict. c. 18, s. 115 to 118 Repayment of money borrowed, 8 Vict. c. 16, s. 50, 51, 53, 54 Returns to be made by company to Board of Trade, 3 & 4 Vict. c. 97, s. 3, 4, 7, 8 : 5 & 6 Vict. c. 55, s. 7,8 Reversions — apjylication of com- pensation in respect of, 8 Vict, c. 18, s. 74 Revision of Tolls, 7 & 8 Vict. c. 85, s. 1, 3, 4, 5 Rights of Loan Creditors — ^provi- sion for enforcing the, 8 Vict, c. 16, s. 38 to 55 Rights of Shareholders at general meetings of the company, 8 Vict, c. 16, s. 66 to 80 Index to Public General Acts, 205 Rights of Shareholders to inspec- tion of accounts, 8 Vict. c. 16, s. 115 to 119 Roads — consent of trustees of, to alteration of levels of railway, 8 Vict. c. 20, s. 11, 12 crossing of, and other inter- ference therewith, 5 & 6 Vict. c. 55, 8. 9, 12, 13 : 8 Vict. c. 20, s. 46 to 67 temporary occupation of, 8 Vict. c. 20, s. 30, 31 Rotation of auditors, 8 Vict. c. 16, s. 103 of directors, 8 Vict. c. 16, s. 81 to 89 Sale of forfeited shares, 8 Vict. c. 16, s. 31 to 35 of superfluous lands, 8 Vict. c. 18, s. 127 to 132 Scheme, showing the profits of the company, 8 Vict. c. 16, s. 120 Scotland — acts not to extend to, 8 Vict. c. 16, s. 163 ; c. 18, s. 152 ; c. 20, s. 164 recovery of calls against shareholders residing in, 8 Vict, c. 16, s. 164 Screens for turnpike roads, 8 Vict. 0. 20, s. 63, 64 Secretary — duties of the, 7 & 8 Vict, c. 85, s. 21 : 8 Vict. c. 16, s. 10, 13, 15, 18, 19, 40, 45, 47, 92, 139, 140 ; c. 18, s. 88 ; c. 20, s. 118 Secretary at War, 5 & 6 Vict. c. 55, s. 20: 7 & 8 Vict. c. 85, s. 12 Section — alteration of levels de- scribed in the, 8 Vict. c. 20, s. 11, 12 Security to he taken from officers, 8 Vict. c. 16, s. 109 Service of Notices, 1 & 2 Vict. c. 98,s. 15: 3 &4Vict.c.97,s.20: 5 & 6 Vict. c. 55, s. 19 : 7 & 8 Vict. c. 85, s. 23: 8 Vict. c. 16, s. 135 to 139; c. 18, s. 134; c. 20, s. 34, 67, 138 Settlement of disputes by arbitra- ktion— 8 Vict. c. 16, s. 128 to 134 ; c. 18, s. 23 to 37, 64 to 68 ; c.20, s. 126 to 137 Sewers — consent of commissioners of, to alteration of levels of rail- way, 8 Vict. c. 20, s. 11, 12 Shares — distribution of capital into, 8 Vict. c. 16, s. 6 to 13 transfer or transmission of, 8 Vict. c. 16, s. 14 to 20 forfeiture of, for non-pay- ment of calls, 8 Vict. c. 16, s. 29 to 35 consolidation of, into stock, 8 Vict. c. 16, s. 61 to 64 ■ form of certificate of, sche- dule A., page 78 form of transfer of, sche- dule B., page 78 creation of new, instead of borrowing money, 8 Vict. c. 16, s. 56 to 60 Shareholders— -exercise by, of the right of voting, 8 Vict. c. 16, s. 66 to 80 notice to, of times and places appointed for payment of calls, 8 Vict. c. 16, s. 22 remedies of creditors of the company against the, 8 Vict. c. 16, s. 36, 37 right of inspection of ac- counts by the, 8 Vict. c. 16, s. 115 to 119 service of notices to, 8 Vict. c. 16, s. 126 to 128 residing in Scotland, re- covery of calls from, 8 Vict. c. 16, S.164 Shareholders' Address - Book — 8 Vict. c. 16, s. 10, 30 Sheriff- — proceedings before the, in cases of disputed compensation, 8 Vict. c. 18, s. 38 to 57, 68 warrant to the, to deliver possession of lands, 8 Vict. c. 18, s. 91 Solicitors of the Company — 8 Vict, c. 18, s. 88 Special Acts — form in which portions of acts maybe incorporated with, 8 Vict. C.16, s. 5; c. 18, s. 5 ; c. 20, s. 5 interpretation of words in the, 8 Vict. c. 16, s. 3, 4; c. 18, s. 3, 4 ; c. 20, s. 3, 4 provision for affording ac- cess to, 8 Vict. c. 16, s. 161, 162 ; c. 18, s. 150, 151 ; c. 20, s. 162, 163 206 Index to Public General Acts, Special Acts — schedule to, correc- tion of errors in, 8 Vict. c. 20, s. 7 Special Jury — ^proceedings before a, in cases of disputed compensation, 8 Vict. c. 18, s. 54 to 57 Speed of cheap trains — 7 & 8 Vict, c. 85, s. 6 of mail trains, 1 & 2 Vict. c. 98, s. 1 : 7 & 8 Vict. c. 85, s. 11 of trains across roads adjoin- ing stations, 8 Vict. c. 20, s. 48 Stock — consolidation of shares into, 8 Vict. c. 16, s. 61 to 64 form of transfer of, schedule B, page 78 Stone or Slate Quarries — company not to take materials from, 8 Vict. c.20,s. 32 Subscriptions — payment of, 8 Vict, c. 16, s. 21 to 28 Sundays — cheap trains on, 7 & 8 Vict, c 85, s. 10 Superfluous Lands — sale of, 8 Vict, c. 18, s. 127 to 132 Surveying — entry upon lands for purpose of, 8 Vict. c. 18, s. 84 Surveyors, Valuation by — of land in the case of absent parties, 8 Vict, c. 18, s. 58 to 63 of land in the case of parties under disability, 8 Vict. c. 18, s. 9 ■ of land, where owners are not to be found, 8 Vict. c. 18, s. 58 to 67 ■ of land previous to entry of promoters before purchase, 8 Vict. 18, s. 85 of commonable or other rights in lands, 8 Vict. c. 18, s. 106 Taking of Lands otherwise than by agreement, 8 Vict. c. 18, s. 16 to 68 Taxation of costs of conveyances, 8 Vict. 0. 18, s. 83 Temporary Occupation of lands near the railway during the con- struction thereof, 8 Vict. c. 20, s. 30 to 44 Tenants — compensation to, 8 Vict. c. 18, s. 120 to 122 Tender of Amends — 8 Vict. c. 16, s. 141; c. 18, s. 135; c. 20, 8.139 Third Class Passengers — 7 & 8 Vict. c. 85, s. 6 to 10 Tithe Bent charged on railway land, remedy for recovery of, 7 & 8 Vict., c. 85, s. 22 Title to Lands — deposit and applica • tion of purchase money or com- pensation coming to parties not making, 8 Vict. c. 18, s. 69 to 80 Tolls, Rates, and Charges — returns of, 3 & 4 Vict. c. 97, s. 3 for carriage of passengers and goods, 8 Vict. c. 20, s, 86 to 107 payment of chief rents to be charged on, 8 Vict. c. 18, s. 11 ■ receiver of, 8 Vict. c. 16, s. 53,54 revision of, 7 & 8 Vict. c. 85, s. 1, 3, 4, 5 Town Clerks — deposit with of copies of special acts, 8 Vict. c. 16, s. 161, 162 Traffic — ^returns of, 3 & 4 Vict. c. 97, s. 3 Transfers of Interest on money borrowed, 8 Vict. c. 16, s. 49 Transfers of Mortgages and bonds, 8 Vict. c. 16, s. 46, 47 form of, schedule E, page 80 Transfer of Shares, 8 Vict. c. 16, s. 14 to 20 ■ of shares or stock, form of, schedule B., page 78 Transfer of Stock— S Vict. c. 16, s. 62 Treasurer of the Company — 8 Vict. c. 16, s. 33, 139, 140 distress against the goods of the, 8 Vict. c. 16, s. 143; c. 18, s. 140; c. 20, s. 141 Treasury — approval of the, to sale of lands by municipal corporations, 8 Vict. c. 18, s. 15 revision of tolls and pur- chase of future railways by the, 7 & 8 Vict. c. 85, s. 1 to 5 Trespassing upon M ailway — ^penalty for, 3 & 4 Vict. c. 97, s. 16 Tunnels — ^making of, 8 Vict. c. 20, s. 13, 14 Turnpike Roads — screens for, 8 Vict. c. 20, s. 63, 64 Umpire — appointment of, 8 Vict. c. Index to Public General Acts. 207 i 16, s. 130, 131 ; c. 18, s. 27, 28 ; c. 20, s. 128, 129 Use of Hallway — bye-laws regulat- ing the, 8 Viet. c. 20, s. 108 to 111 Usher's Poundage f 8 Vict. c. 20, s. 161 Vendors of Shares, 8 Vict. c. 16, s. 15 Viaducts — ^making of, 8 Vict. c. 20, s. 11, 13, 14 Voting — exercise of the right of, by shareholders, 8 Vict. c. 16, s. 66 to 80 Waste Lands — compensation for, 8 Vict. c. 18, s; 99 to 107 Water Pipes — alteration of, 8 Vict, c. 20, s. 18 to 23 Watercourses in Ireland — forma- tion of, 8 Vict. c. 20, s. 29 Watering Places for cattle, 8 Vict, c. 20, s. 68 TFa/en^JorAjs— consent of proprietors of, to alteration of levels of rail- way, 8 Vict. c. 20, s. 11, 12 Weight of carriages, 5 & 6 Vict. 0. 55, s. 16 Witnesses giving false evidence, penalty on, 8 Vict. c. 18, s. 149 making default, penalty on, 8 Vict. c. 16, s. 155 ; c. 18, s. 45, 143 summons of, 8 Vict. c. 18, s. 43 Woods and Forests — consent of commissioners of, to execution of works below highwater mark, 8 Vict. c. 20, s. 17 Working of Mines lying near the railway, 8 Vict. c. 20, s. 77 to 85 Works — construction of, connected with railway, 8 Vict. c. 20, s. 6 to 24 for protection and accom- modation of lands adjoining rail- way, 8 Vict. c. 20, s. 68 to 76 • for drainage of lands in Ireland, 8 Vict. c. 20, s. 25 to 29 line of, entry upon lands for purpose of setting out, 8 Vict, c. 18, 8. 84. Printed by James Bigg and Son, 53, Parliament-street. 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. e^wix 5 Ian' ^^eo' p ^^ ^^^ N0V7-198S88 REC'D IT JflN25*66-9Aiill LD 21A-40m-4,'63 (D6471sl0)476B General Library University of California Berkeley YA 08046 M534000 u 1ii