regards the new undertaking) shall in all respects be considered as a company or undertaking within the provisions of this act: and meetings shall be held, and shareholders entitled to shares as aforesaid in the new undertaking shall in manner herein before provided have power to dissolve such new undertaking, and to decide as to bankruptcy, in all respects as is provided with regard to the companies hereinbefore mentioned or defined. recovered 31. And be it enacted, That where the dissolution of a Member company shall have been resolved under this act, if judg- against ment shall have been recovered or shall afterwards be re- whom judgcovered in any action against any member of the committee ment shall for any debt due from such company or from such com- have been mittee in respect of the undertaking, the member against whom such judgment shall have been recovered shall be to be repaid by contrientitled at law to a contribution from each of the other bution from members of such committee towards the payment of the other memmonies recovered by such judgment, and of all costs and bers. expences in relation thereto, of such a share of the whole amount of such monies, costs, and expences as would have been borne by such respective member upon an equal contribution by all the members of such committee, and may recover the contributions to which he may be so entitled, or any of them, by action or actions of debt or on the case against all or any of such other members of such committee, but so that no such member shall be liable in any such action as aforesaid for more than the share to which he shall respectively be liable to contribute under this provision. 32. And be it enacted, That after the dissolution of any Settlement company shall have been resolved under this act no action or of bills of suit shall be brought for the recovery of any fees, charges, or attorneys, disbursements for any business done for such company by solicitors, any attorney or solicitor, whether in his character of attor- and agents. ney or solicitor, or as agent or otherwise, until the expiration of one calendar month after a bill of such fees, charges, and disbursements, signed by the claimant, shall have been delivered to the committee or official assignee authorized to wind up the affairs of such company, or left at their or his place of business; and it shall be lawful for the Court of Queen's Bench, Common Pleas, or Exchequer, or any judge of either of such courts, and they are respectively hereby required, on the application of such committee or of such official assignee, to refer such bill to be taxed and settled by any taxing officer of the court in which such reference shall be made; and the court or judge making such reference shall restrain the claimant from commencing any action or suit touching his demand pending such reference, and such taxing officer may take such evidence in relation to such bill as he may think fit; Interpretation of act. Act may be amended. and the costs of such reference shall be paid according to the event of such taxation, (that is to say,) if such bill when taxed be less by a sixth part than the bill delivered, then the claimant shall pay such costs, and if the bill when taxed shall not be less by a sixth part than the bill delivered, then the party on whose application the reference shall have been made shall pay such costs, to be considered and allowed nevertheless as part of the costs, charges, and expences of executing the trusts and powers of this act; and every order to be made for such reference shall direct the officer to whom such reference shall be made to tax such costs of such reference to be so paid as aforesaid, and to certify what upon such reference shall be found to be due to or from such claimant in respect of such bill, and of the costs of such reference, and after such reference as aforesaid no further or other sum than shall be so found due shall be recoverable in respect of such bill. 33. And be it enacted, That the following words and expressions shall have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or subject matter; (videlicet,) The word "month" shall mean calendar month: The word "person" shall include corporations. 34. And be it enacted, That this act may be amended, altered, or repealed by any act to be passed in this session of Parliament. Form of proxy. SCHEDULE. Railway Company. Shares. of holder of Proxy to vote in respect of I A. B. shares [or scrip, or receipts for shares (as the case may be)], numbered respectively [here insert the numbers, unless the shares, scrip, receipts, or letter do not show the denoting numbers], in the projected railway company, of to be my proxy upon any matter relating to the dissolution [or bankruptcy] of the said company, to vote, dissent, and act as he shall think proper. do hereby appoint C. D. Witness my hand, the day of Taken before me, having verified the numbers and name of the company with the docu ments produced to me, Signed And add whether, Master extraordinary, sheriff, sheriff-substitute, justice, consul, vice-consul, or notary-public. 9 & 10 VICT, cap. 57. An Act for regulating the Gauge of Railways. [18th August, 1846.] WHEREAS it is expedient to define the gauge on which Preamble. railways shall be constructed. 1. Be it enacted by the Queen's most excellent Majesty, On what by and with the advice and consent of the Lords spiritual and gauge railtemporal, and Commons, in this present Parliament assem- ways shall bled, and by the authority of the same, That after the be made. passing of this act it shall not be lawful (except as hereinafter excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: Provided always, that nothing herein before Proviso. contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this act on any gauge other than those hereinbefore specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within the limits of deviation authorized by the several acts under the authority of which such railways are severally constructed. 2. And be it enacted, That nothing hereinbefore con- Exception tained shall apply to any railway constructed or to be con- of certain structed under the provisions of any present or future act railways. containing any special enactment defining the gauge or gauges of such railway, or any part thereof, or to any railway which is in its whole length southward of the Great Western Railway, or to any railway in any of the counties of Cornwall, Devon, Dorset, or Somerset, for which any act has been or shall be passed in this session of Parliament, or to any railway in any of the last-mentioned counties now in course of construction, or to the two railways severally to be constructed under the authority of two acts passed in this session of Parliament, severally intituled "An Act for making a Railway from the Great Western Railway at West Drayton to Uxbridge in Middlesex," and "An Act for making a Railway from the Great Western Railway at Maidenhead in Berkshire to the town of High Wycombe in the county of Buckingham;" or to so much of an act passed in this session, intituled "An Act to authorize certain Extensions of the Line of the Oxford, Worcester, and Wolverhampton Railway, and to amend the act relating thereto, as authorizes the construction of a Branch Railway from the Oxford, Worcester, and Wolverhampton Railway Certain be on the broad gauge. to the town of Witney in the county of Oxford;" or to an act passed or which may be passed in this session of Parliament, "to authorize the construction of a railway from Melin-y-Manach to Rhydydefydd in the county of Glamorgan." 3. And be it enacted, That the several railways authorailways to rized to be constructed by an act passed in the last session of Parliament, intituled "An Act for making a Railway to be called The South Wales Railway," and by an act also passed in the last session of Parliament, intituled “ An Act for making a Railway from Monmouth to Hereford, with branches therefrom to Westbury and to join the Forest of Dean Railway," and by two acts passed in this session of Parliament, severally intituled "An Act for completing the Line of the South Wales Railway, and to authorize the Construction of an Extension and certain Alterations of the said Railway, and certain Branch Railways in connexion therewith," and "An Act for making a Railway communication between the city of Bristol and the proposed South Wales Railway in the county of Monmouth, with a Branch Railway therefrom," shall be constructed on the gauge of seven feet. Gauge not to be altered. Provision as to the 4. And be it enacted, That it shall not be lawful after the passing of this act to alter the gauge of any railway used for the conveyance of passengers. 5. And be it enacted, That nothing herein before contained shall be deemed to affect the provisions of two acts Oxford and passed in the last session of Parliament, respectively inRugby, and tituled "An Act for making a Railway from the city of Oxford, Oxford to the town of Rugby," and "An Act for making Worcester, a Railway from Oxford to Worcester and Wolverhampton,' and Wolverwith respect to the gauge on which they are to be formed, hampton or the additional rails which, according to the several prorailways. visions of the last two recited acts, are to be or may be laid down and maintained on the railways thereby authorized, or with respect to the powers thereby conferred on the commissioners of her Majesty's privy council for trade and foreign plantations concerning the construction and use of the railways thereby authorized. Penalty on company for constructing railways contrary to this act. 6. And be it enacted, That if any railway used for the conveyance of shall be constructed or altered passengers contrary to the provisions of this act, the company authorized to construct the railway, or in the case of any demise or lease of such railway, the company for the time being having the control of the works of such railway, shall forfeit ten pounds for every mile of such railway which shall be so unlawfully constructed or altered, during every day that the same shall continue so unlawfully constructed or altered; and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile. 7. And be it enacted, That, over and above the penalty Railways herein before provided, if any railway used for the convey- constructed ance of passengers shall be constructed or altered contrary contrary to to the provisions of this act, it shall be lawful for the com- this act missioners of her Majesty's woods, forests, land revenues, may be works, and buildings, or for the lords of the committee of her Majesty's privy council for trade and foreign plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this act, and to restore the site thereof to its former condition. abated. 8. And be it enacted, That all penalties under this act Recovery of may be recovered from the company liable to pay and make penalties. good the same, as under the provisions of an act passed in the last session of Parliament, intituled "An Act for con- 8 & 9 Vict. solidating in one act certain provisions usually inserted in c. 20. acts authorizing the making of railways," a penalty for any infringement of the last-recited act is recoverable against a company authorized to construct a railway. 9. 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 Par- amended. liament. 9 & 10 VICT. cap. 105. An Act for constituting Commissioners of Railways. [28th August, 1846.] WHEREAS by an act passed in the fourth year of the Preamble. reign of her Majesty, intituled "An Act for Regulating 3 & 4 Vict. Railways" and by another act passed in the sixth year c. 97. of the reign of her Majesty, intituled "An Act for the 5 & 6 Vict. better Regulation of Railways, and for the Conveyance of c. 55. Troops;" and by another act passed in the eighth year of the reign of her Majesty, intituled "An Act to attach 7 & 8 Vict. certain Conditions to the Construction of future Railways c. 85. authorized or to be authorized by any act of the present or succeeding sessions of Parliament, and for other pur poses relating to Railways;" and by two other acts passed 8 & 9 Vict. in the last session of Parliament, for consolidating in one cc. 20, 33. act certain provisions usually inserted in acts authorizing the making of railways, respectively, and by sundry local acts of Parliament, certain powers with respect to railways are vested in the lords of the committee of her Majesty's most honourable privy council for trade and |