railway, and the stations, works, and buildings, and the Inspectors engines and carriages belonging thereto; and in order to of railcarry the provisions of this act into execution it is expe- ways. dient that the said power be extended; be it enacted, See 3 & 4 That the said power given to the lords of the said com- Vict. c. 97, mittee of appointing proper persons to inspect railways s. 5. shall extend to authorize the appointment by the lords of Extension the said committee of any proper person or persons, for of power of such purposes of inspection as are by the said act author- appointized, and also for the purpose of enabling the lords of the ment of, 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 of trust or profit under any railway company, shall be repealed: provided always, that no person to be appointed as aforesaid shall exercise any powers of interference in the affairs of the company.

of rail

way acts.

Repeal of 3

& 4 Vict. c. 97, s. 11.

16. And whereas by the said act of the fourth year of Prosecuthe 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 regulating any railway companies, or the provisions of that act, 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 the public advantage that the due performance of the same 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 attorneygeneral 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 otherwise 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 effectual 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

Prosecu- 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.

tions to

enforce provisions of rail

way acts,

may be directed by the Board

of Trade,

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 company 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 lordadvocate for Scotland, as the case may require; and thereupon the said attorney-general or lord-advocate shall, in cases of 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 relating to railways, proceed by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding, as the case may require, 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 otherwise authorized to sue for such penalties, might employ under In cases of the provisions of the said acts; and in case the default of commission the railway company shall consist in the commission of of acts un- some act or acts unauthorized by law, then the said at authorized torney-general or lord-advocate, upon receiving such by law.

non-com

pliance with provi

sions of acts.

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 complained of is or are not authorized by law,) to restrain the company from acting in such illegal manner, or to give such other relief as the nature of the case may require.

Notice of, 18. Provided always, and be it enacted, That no such to be given certificate as aforesaid shall be given by the lords of the to the com- 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

pany.

ceedings shall be commenced under the authority of the Proseculords 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- year after ways, except upon such certificate of the lords of the the offence. said committee as aforesaid, and within one year after such offence shall have been committed.

19. And whereas many railway companies have bor- Loan Notes. 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 repayment 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 undertaking, 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 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

pro

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 five 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- due. ments, the company may and shall pay off such loan notes or other instruments as the same may fall due, subject as herein before 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.

Loan Notes. 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 interested in any such loan note or other instrument, desirous of inspecting the same.

Tithe Rent.

railway

land.

22. And whereas the remedies now in force for the recovery of tithe commutation rent-charges are in many inRemedy for stances ineffectual for such parts thereof as are charged recovery of, upon lands taken for the purposes of a railway, and it is charged on 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 purposes of such company, or upon any part of such lands, it shall be lawful for every person entitled to the said rentcharge 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 company, 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 construed 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.

Proviso.

Service of notices,

or company.

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 secretary or clerk of the said company, or by sending the same

T

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, to Board of shall be delivered at or sent by post addressed to the office of the lords of the said committee.

Trade.

24. And be it enacted, That all penalties under this Recovery act for the application of which 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" Interpretais used in this act it shall be construed to extend to rail- tion of ways constructed under the words. powers of act of parliaany ment; and when the words "passenger railway" are used in this act, they shall be construed to extend to railways "Passenger constructed under the powers of any act of parliament Railway." upon which one-third or more of the gross annual revenue

"Railway."

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 Provisions 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 undertakings of a public nature by such companies, and that as