Amendment of Part III. of 26 & 27 Vict. c. 118, as to rate of debenture interest on stock. Restriction on rate of interest on debenture authorized. COMPANIES CLAUSES ACT AMENDMENT, 1869. 32 & 33 Vict., Cap. 48. An Act to amend The Companies Clauses Act, 1863. [2d August 1869.] WHEREAS "The Companies Clauses Act, 1863," has been amended in certain respects as regards railway companies, and it is expedient that such amendments should extend to other companies: 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. Part III. of "The Companies Clauses Act, 1863," shall be read and have effect as if the following words, that is to say, "not exceeding the rate prescribed in the special act, and if no rate is prescribed, then not exceeding the rate of four pounds per centum per annum," had not been inserted in section 22 of that act, and any special act of a company passed before the passing of this act, prescribing any rate, shall be read and have effect as if no rate had been prescribed therein. 2. Provided, that any debenture stock, the creation whereof has been authorized by a company, but which has not been issued before the passing of this act, shall stock already not be issued on any terms other than those whereon it might have been issued if this act had not been passed, unless and until the issue thereof, on terms other than as aforesaid, is after the passing of this act authorized by the company in manner provided in section 22 of "The Companies Clauses Act, 1863.” Advances to meet debentures falling 3. Any company having power to raise money on mortgage or bond by virtue of any act of parliament, but not having power to create and issue debenture stock, may create and issue debenture stock, subject to the provisions of Part III. of "The Companies Clauses Act, 1863" (relating to debenture stock), and Part III. of the said act, as amended by this act, shall be deemed to be incorporated with the special act of every such company, 4. Money borrowed by a company for the purpose of paying off and duly applied in paying off bonds or mort gages of the company given or made under the statutory 32 & 33 VICT. issue shares or stock 5. Section 21 of "The Companies Clauses Act, 1863," Power to shall, with respect to any company to which it is applicable under the provisions of this or any other act, be at discount read and have effect as if the following words, that is to "but so that not less than the full nominal amount say, of any share or portion of stock be payable or paid in respect thereof," had not been inserted in that section. issue residue of original 6. Any shares forming part of the capital (whether Power to original or additional) authorized to be raised by any special act of a company passed before the present ses- or other sion which have not been disposed of may be disposed of capital at in manner provided by Part II. of "The Companies Clauses Act, 1863," as amended by this act, and that part, as so amended, shall be deemed incorporated with such special act accordingly. discount. discount 7. Provided, that any shares, the creation whereof has Restriction been authorized by a company, but which have not been on issuing at issued before the passing of this act, shall not be issued shares or already on any terms other than those whereon the same might stock have been issued if this act had not been passed unless authorized. and until the issue thereof on terms other than as aforesaid is after the passing of this act authorized by the company in manner provided by Part II. of "The Companies Clauses Act, 1863." affect pro 8. Provided always, that this act shall not be con- Act not to strued to alter or extend the provisions of any act relat- visions as to ing to share capital in respect of which the amount of capital upon profits to be divided is limited to a fixed rate per centum dividend is upon the paid-up capital of the company. which the limited. 9. This act may be cited as "The Companies Clauses Short title. Act, 1869 " not to be tractors, &c., from election MUNICIPAL FRANCHISE, 1869. 32 & 33 Vict., Cap. 55. An Act to shorten the Term of Residence required as a Qualification for the Municipal Franchise, and to make provision for other purposes (so far as it affects Railway Companies). [2d August, 1869.] Proprietors 5. FROM and after the passing of this act no person of shares in shall be deemed to have had or to have an interest in a railway companies, &c,, contract or employment with, by, or on behalf of the council of any borough, by reason only of his having deemed con- had or having a share or interest in any railway comand not to be pany, or in any company incorporated by act of parliadisqualified ment or by royal charter, or under "The Companies to municipal Act, 1862," and no councillor, alderman, or mayor, in any municipal corporation shall be deemed to have been, or to be disqualified to be elected or to be such councillor, alderman, or mayor by reason only of his having had or having any share or interest in any railway company or in any company incorporated by act of parliament or royal charter, or under "The Companies Act, 1862," but all elections of councillors, aldermen, or mayors, as aforesaid, shall be deemed and taken to have been and to be valid notwithstanding any such share or interest as aforesaid offices by reason of such holding. CONTAGIOUS DISEASES (ANIMALS), 1869. 32 & 33 Vict. Cap. 70. An Act to consolidate, amend, and make perpetual, the Acts for preventing the introduction or spreading of Contagious or Infectious Diseases among Cattle and other Animals in Great Britain (so far as it affects Railway Companies). [9th August, 1869.] 6. In this act (inter alia)— the term "railway company "includes a company or Interpreperson working a railway under lease or otherwise. tation. defined part 30. Where a local authority, with the approval of the Continu privy council have before or after the passing of this ance of act provided, erected, and filled up within a part of a where port defined by the privy council as a place where foreign market, &c. provided. animals may be landed, any wharf, lair, shed, market, [Repealed house, or place for the landing, reception, sale, or by 41 & 42 Vict. c. 74.] slaughter of foreign animals, it shall not be lawful for the privy conncil (as long as importation of foreign animals at that port is allowed, but under restriction), to revoke the definition of the part or parts of that port at which foreign animals may be landed, or to alter it so as to exclude therefrom any part of the site of such wharf, lair, shed, market house, or place, except with the consent of the local authority; and if any railway company Railway have provided, erected, or fitted up any such wharves, company. lairs, sheds, markets, houses, or places, the same may, with the approval of the privy council, be used for the purposes of this part of this act. transport diseased 57. If any person exposes in a market or fair, or other Exposure public place, where horses or animals are commonly for sale, exposed for sale, or exposes for sale in any sale-yard, by railway, whether public or private, or places in a lair or other &c., of place adjacent to or connected with a market or fair, or animals. where horses or animals are commonly placed before [Repealed exposure for sale, or sends or causes to be carried on a by 41 & 42 Vict. c. 74.] railway, or on a canal, river, or other inland navigation, or on a coasting vessel, or carries, leads, or drives, or causes to be carried, led, or driven on a highway or thoroughfare, any horse or animal affected with a con CAP. 70. 32 & 33 VICT. tagious or infectious disease, he shall be deemed guilty of an offence against this act, unless he shews to the satisfaction of the justices before whom he is charged, that he did not know of the same being so affected, and that he could not with reasonable diligence have obtained such knowledge. Steamboat disinfect 62. Every steamboat, railway, and other company, and railway and every person carrying animals for hire to or in companies, &c., to Great Britain, shall thoroughly cleanse and disinfect, in such manner as the privy council from time to time by carriages, order direct, all steamers, vessels, boats, pens, carriages, trucks, horse-boxes, and vehicles used by such company or person for the carrying of animals. boats, &c. [Repealed by 41 & 42 Vict. c. 74.] Water and food to be provided at satisfaction of privy If any company or person on any occasion fails to comply with the requisitions of any such order, such company or person shall on every such occasion be deemed guilty of an offence against this act. 64. Every railway company shall make a provision to the satisfaction of the privy council, of water and railways to food, or either of them, at such stations as the privy council, from time to time, by general or specific description, direct, for animals carried or about to be or having been carried on the railway of the company; and such Vict. c. 74.] water and food, or either of them, shall be supplied to any such animal by the company carrying it, on the request in writing of the consignor thereof, or on the request of any person in charge thereof, and the company so supplying water and food, or either of them, may make in respect thereof such reasonable charges, if any, as the privy council by order approve, in addition to such charges as they are for the time being authorised to make in respect of the carriage of animals; and the amount of such additional charges accrued due in respect of any animal shall be debt from the consignor and from the consignee thereof to the company, and shall be recoverable by the company from either of them by proceedings in any court of competent jurisdiction, and the company shall have a lien for the amount thereof on the animal in respect of which the same accrued due, and on any other animal at any time consigned by the same person to be carried by the company. If any company on any occasion fails to comply with the requirements of this section, they shall on every such occasion be deemed guilty of an offence against this act If in the case of any animal such request as aforesaid is not made, so that the animal remains without a supply of water for thirty consecutive hours, or other period not being less than twelve hours, as the privy council from time to time by order prescribe, the consignor and the person in charge of the animal shall each be deemed guilty |