Power of on occasion of emerKency to take posses roads. REGULATION OF THE FORCES, 1871. 34 & 35 Vict. Cap. 86. An Act for the better 16. When her majesty, by order in council, declares Government that an emergency has arisen in which it is expedient for the public service that her majesty's government should have control over the railroads in the United Kingdom, sion of rail- or any of them, the secretary of state may, by warrant under his hand, empower any person or persons named in such warrant to take possession in the name or on behalf of her majesty of any railroad in the United Kingdom, and of the plant belonging thereto, or of any part thereof, and may take possession of any plant without taking possession of the railroad itself, and to use the same for her majesty's service at such times and in such manner as the secretary of state may direct; and the directors, officers, and servants of any such railroad shall obey the directions of the secretary of state as to the user of such railroad or plant as aforesaid for her majesty's service. Any warrant granted by the said secretary of state in pursuance of this section shall remain in force for one week only, but may be renewed from week to week so long as, in the opinion of the said secretary of state, the emergency continues. There shall be paid to any person or body of persons whose railroad or plant may be taken possession of in pursuance of this section, out of moneys to be provided by parliament, such full compensation for any loss or injury they may have sustained by the exercise of the powers of the secretary of state under this section as may be agreed upon between the said secretary of state and the said person or body of persons, or, in case of difference, may be settled by arbitration in manner provided by "The Lands Clauses Consolidation Act, 1845." Where any railroad or plant is taken possession of in the name or on behalf of her majesty in pursuance of this section, all contracts and engagements between the person or body of persons whose railroad is so taken CAP. & possession of and the directors, officers, and servants of 34& 35 Ver. such person or body of persons, or between such person or body of persons and any other persons in relation to the working or maintenance of the railroad, or in relation to the supply or working of the plant of such railroad, which would, if such possession had not been taken, have been enforceable by or against the said person or body of person, shall during the continuance of such possession be enforceable by or against her majesty. For the purposes of this section "railroad" shall include any tramway, whether worked by animal or mechanical power, or partly in one way and partly in the other, and any stations, works, or accommodation belonging to or required for the working of such railroad or tramway. "Plant shall include any engines, rolling stock, horses, or other animal or mechanical power, and all things necessary for the proper working of a railroad or tramway which are not included in the word "railroad." Short title. Interpretation of terms. Rolling stock protected from dis in certain RAILWAY ROLLING STOCK (DISTRAINT), 1872. 35 & 36 Vict. Cap. 50. An Act to protect Railway Rolling Stock from Distraint when on Hire. [6th August, 1872.] WHEREAS it is expedient that protection from distress should in certain cases be extended to rolling stock: 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 Stock Protection Act, 1872." 2. In this act "The Railway Rolling "Rolling stock" includes wagons, trucks, carriages of all kinds, and locomotive engines used on railways: Rent" includes royalty or other reservation in the nature of rent: Work" includes any colliery, quarry, mine, manufactory, warehouse, wharf, pier, or jetty, in or on which is any railway siding: Tenant" includes a lessee, sub-lessee, or other person having an interest in a work under a lease or agreement, or by use and occupation, or being otherwise liable to pay rent in respect of a work: "Person" includes a body corporate. "Court of summary jurisdiction" means any justices of the peace, metropolitan police magistrate, stipendiary magistrate, sheriff, sheriff substitute, or other magistrate or officer, by whatever name called, who is capable of exercising jurisdiction in summary proceedings for the recovery of penalties. 3. Rolling stock being in a work shall not be liable to distress for rent payable by a tenant of the work, if such rolling stock is not the actual property of such tress or sale tenant, and has upon it a distinguishing metal plate affixed to a conspicuous part thereof, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating the actual owner thereof. cases. Remedy in 4. Where any such rolling stock as aforesaid is discase distress trained, a court of summary jurisdiction may make against the landlord such summary order for restora proceeded with. CAP. 50. tend to pro tion of the rolling stock, or for payment of the real 35 & 36 VICT value thereof, and respecting costs or otherwise, and may make against the person distraining such order in the matter, and respecting costs, as to the court seems just. 5. This act shall not extend to protect from distress the Not to ex interest which any tenaut may have in any rolling stock tect tenant's otherwise protected under this act, but such interest interest in may be distrained upon by the landlord, and disposed rolling of in the same manner as the whole interest of such tenant, if he had possessed the same; and in case of disagreement between the landlord and the parties claiming such rolling stock as to the mode of disposing of such interest, the same shall be settled by the court of summary jurisdiction; and the court shall, on the application of either party, make such order therein as to the court shall seem fit. stock. quarter 6. If any party thinks himself aggrieved by any Appeal to order or adjudication of a court of summary jurisdic- sessions. tion under this act, or by dismissal of his complaint by any such court, he may appeal therefrom, subject to the conditions and regulations following; (that is to say,) Vict. c. 43, (1.) The appeal shall be made to some court of general or quarter sessions for the county or [Amended place in which the cause of appeal arises, by 47 & 48 holden not less than fifteen days, and (unless s. 4] adjourned by the court of appeal) not more than four months after the decision of the court of summary jurisdiction: (2.) The appellant shall, within seven days after the cause of appeal has arisen, give notice to the other party and to the court of summary jurisdiction of his intention to appeal, and the ground thereof: (3.) The appellant shall immediately after such notice enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appea!, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or give such other security, by deposit of money or otherwise, as the justice thinks fit to allow. 7. No order or conviction of a court of summary Exclusion of jurisdiction under this act shall be quashed for want certiorari. of form, or be removed by certiorari or otherwise (at the instance either of the Crown or of any private party) into any superior court. KENSINGTON STATION AND NORTH AND SOUTH LONDON JUNCTION RAILWAY ACT, 1859 (REPAYMENT OF MONEYS), 1872. 35 & 36 Vict. cap. 80. An Act to enable the Commissioners of her Majesty's Treasury to pay into the High Court of Chancery in England certain moneys, being the amount paid to the Paymaster-General on account of her Majesty's Treasury in respect of the Non-completion of the Railway authorised by "The Kensington Station and North and South London Junction Railway Act, 1859." [10th August, 1872.] WHEREAS by "The Kensington Station and North and South London Junction Railway Act, 1859," hereinafter called the recited act, the Kensington Station and North and South London Junction Railway Company, hereinafter called "the company," was incorporated, with powers to make and maintain a railway from near Lillie Bridge in the parish of Saint Mary Abbott's, Kensington, to a point in the same parish on the west side of Love Lane, the object being, by connecting the said railway with the then proposed extension of the West London Railway, to facilitate communication between divers railways south of the Thames and the western districts of the metropolis, and for other purposes: And whereas pursuant to the Standing Orders of both Houses of Parliament and to an act of the session of the ninth and tenth years of her present Majesty, chapter twenty, a sum of five thousand seven hundred and sixty pounds, being eight pounds per centum on the estimate of the expense of the railway authorised by the recited act, was deposited with the Court of Chancery in England in respect of the application to Parliament for the act: And whereas in pursuance of the twenty-fifth section of the recited act that sum of five thousand seven hundred and sixty pounds was released upon a bond being executed to her Majesty, her heirs and successors, by the company and by Samuel Gurney, then of Prince's Gate, in the county of Middlesex, a member of the firm of Overend, Gurney, and Company, and who in this acted as surety for the Company in the penal sum of |