by 38 & 39 Vict. c. 66, RAILWAY COMPANIES (IRELAND) TEM- [Repealed 30 & 31 Vict. Cap. 138. An Act to authorize the Extension of the Period for Repayment of Advances made under The Railway Companies (Ireland) Temporary Advances Act, 1866. 8. 1.] [20th August, 1867.] Whereas it is expedient that the time for repayment of advances made by the public works loan commissioners 29 & 30 Vict. under The Railway Companies (Ireland) Temporary Advances Act, 1866, should be extended: c. 85. Short title. Public sioners may repayment may be extended. tended by 31 & 32 Vict. c. 94.] Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited as The Railway Companies' (Ireland) Temporary Advances Act, 1867. 2. On the application of any railway company to works loan whom any advance has been or shall be made under the commis- provisions of The Railway Companies (Ireland) Tempoconsent that rary Advances Act, 1866, and with the approbation of time for the commissioners of her Majesty's treasury, and subject of advances to such terms and conditions (if any), as to payment of interest or otherwise, as the last mentioned commissioners may think proper to impose, it shall be lawful for the [Further ex- public works loan commissioners, by any writing under the hand of their secretary for the time being, to consent that the time for repayment of all or any part of the principal money remaining due in respect of any such advance shall be extended to any day not later than twelve calendar months from the day when the same advance shall become due by the terms of the debenture or other security given or to be given for securing the same, and after any such consent shall have been given, and for all the purposes of The Railway Companies (Ireland) Temporary Advances Act, 1866, the principal money secured by any debenture or other security given or to be given under that Act shall be deemed to have become due only on the day to which the time for repayment of such principal money shall be extended by any consent to be given as provided by this CAP. 138. Act, and all powers and provisions for recovering and 30 & 31 V10. compelling payment of such principal money shall be read and have effect accordingly; provided that in the case of any extension of time for the repayment of any such principal money the rate of interest thereupon until such repayment shall not be less than that at which the advance was originally made. 1 30 & 31 VICT. c. 138. ii. [Repealed by 38 & 39 Vict. c. 66, 8. 1.] [Amended by 31 & 32 Vict. c. 119, 8. 46.] Short title. Interpretation of terms. Power for apply to Board of RAILWAYS (EXTENSION OF TIME), 1868. 31 & 32 Vict. Cap. 18. An Act to give further Time for making certain Railways. [29th May, 1868.] Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited as the Railways (Extension of Time) Act, 1868. 2. In this Act The term "company" means a railway company; that is to say, a company constituted by act of parliament, or by certificate under act of parliament, for the purpose of constructing, maintaining, or working a railway (either alone or in conjunction with any other purpose): The term "railway" includes "tramway :" The term "share" includes "stock :" The term "gazette" means with respect to a railway or works or lands in England the London Gazette, with respect to a railway or works or lands in Scotland the Edinburgh Gazette, and with respect to a railway or works or lands in Ireland the Dublin Gazette. 3. Where it is desired that the time limited for the Company to completion by a company of a railway, or part of a railway, or of a work, or for the purchase by them of lands for the purpose thereof, be extended, then, subject and according to the provisions of this act, within one year after the passing of this act, an application for that purpose may be made to the board of trade by or on behalf of the company. extension of Lime. Application only with assent of shareholders. Circular to shareholders. 4. An application under this act shall not be entertained by the board of trade unless it is made with the assent of three-fifths in value of the votes of the holders of the shares in the subscribed capital of the company, recorded at an extraordinary meeting of the company convened for the purpose. 5. Where a meeting is called for the purposes of this act, the secretary of the company shall, seven clear days at least before the day appointed for the meeting, send CAP. 18. by post to each registered shareholder, to his registered 31 & 32 VICT. or known address, a circular, which shall be in the form given in the schedule to this act, with such variations as circumstances require, and with such modifications (if any) as the board of trade approve. 6. Each shareholder may signify his assent to or dis- Mode of significasent from the proposed application in the manner indi- tion of cated in the circular sent. assent or dissent. 7. At the meeting the shareholders personally present Meeting to shall elect three shareholders to be scrutineers. elect scruti 8. The scrutineers shall ascertain and record the neers. pro- Ascertainportion of capital held by shareholders assenting, and ment of shall report it to the chairman, who shall announce it to assents or the meeting, and state whether the proposed application is assented to by the requisite proportion or not. dissents. reckoned. 9. In the computation of assents a share shall not be What shares reckoned unless the holder thereof is duly registered, and only to be has paid on all shares held by him all calls due by him made three months or upwards before the day of the meeting or of the presentation to the directors of the requisition (if any) on which the meeting is held. 10. For the purpose of receiving the report of the Adjournscrutineers, the chairman may, if he thinks fit, on the ment on application of application of any one of the scrutineers, and shall, if re- scrutineers. quired by more than one of them, adjourn the meeting to a day appointed by him, being not less than one or more than seven clear days from the day of the meeting. 11. The decision of the scrutineers, or any two of them, Decision of on any matter to be decided by them under this act, shall scrutineers be final. final. 12. When an application has been made to the board Notice of apof trade in accordance with this act, then, if it appears plication in Gazette, &c. to them that there are sufficient grounds for entertaining the application, they shall direct notice of the fact that the application has been made to be given, by or on behalf of the company, by advertisement (in a form approved by the board of trade) once in the Gazette and once in each of three successive weeks in a newspaper published or circulating in each of the counties in which any portion of the railway, part of a railway, works or lands to which the application relates is situate, and by bills affixed, on three successive Sundays, on the principal outer door of the church or churches in every parish in which any portion of the railway, part of a railway, works or lands is situate; and every such notice shall state when and how any person, company, or corporation objecting to the application may bring his objection before the board of trade. 31 & 32 VICT. c. 18. ii. 31 & 32 VICT. CAP. 18. warrant of Board of Trade. 13. The board of trade, on proof to their satisfaction that notice has been duly given, and on the expiration of the time allowed for objections, and after considering Extension the objections (if any), may, if they think fit, by warrant of time by (signed by their secretary or one of their assistant secretaries), according to the nature of the application made to them, and on such terms and conditions (if any) as they think fit, extend the time limited for the completion of the railway, or of any part thereof, or of any works, or may (with or without extension of the time aforesaid) extend the time limited for the purchase of any lands for the purpose of the railway, or of any part thereof, or of any works, for such time in each case as they think fit, not exceeding in any case two years from the expiration of the respective time limited; and every such warrant shall have effect as if the provisions thereof had been enacted by parliament; provided that no such warrant shall be granted unless the board of trade having ascertained the state and condition of the company in the manner provided in the fourteenth section of 13 & 14 Vict. the Abandonment of Railways Act, 1850, see reason to believe that the company will be able to complete the railway, part of a railway, or works within the extended time named in the warrant, for which purpose the board of trade shall have all the powers of that section, and the provisions of that section shall extend and apply to the case of proceedings under this act. c. 83. Notice of 14. Within one month after the warrant is issued by warrant in the board of trade they shall give notice thereof in the Gazette. Gazette. Compensation for ex tension of time. Saving for contracts and notices 15. Justices, arbitrators, umpires, and juries, in estimating the compensation to be made by the company to the owners or occupiers of or persons interested in lands, shall have regard to and make compensation for the additional damage (if any) sustained by those owners, occupiers, or persons by reason of any extension of time under this act. 16. Where, before the passing of this act, a contract has been entered into by a company for the taking of before act. lands for their railway or works, this act shall not authorize, as regards those lands, any extension of the time limited for the purchase of lands; and every such contract shall continue to have effect as if this act had not been passed. |