XIII. And be it enacted, That it shall be lawful for the Postmaster-General, if he shall so think fit, to require the company of proprietors of any railway already made, or in progress, or to be hereafter made within the United Kingdom, to give security by bond to her Majesty, her heirs and successors, conditioned to be void if such company shall from time to time carry or convey, or cause to be carried or conveyed, all such mails or post letter-bags, mail guards and other officers of the Post Office, mail coaches, carts, and carriages, in manner hereinbefore mentioned, when thereunto required by the Postmaster-General or any officer of the Post Office duly authorized for that purpose, and shall receive, take up, deliver, and leave all such mails or post letter-bags, guards, and officers, mail-coaches, carts, and carriages, at such places, at such times, on such days, and subject to such regulations and restrictions as to speed of travelling, places, times, and duration of stoppages, as hereinbefore mentioned, and shall obey, observe, and perform all such regulations respecting the same as the Postmaster-General shall reasonably make, and shall well and truly do and perform, and cause to be done and performed, all such other acts, matters, and things as by this act are required or directed to be done or performed by or on the part or behalf of such company, their officers, servants, and agents; and every sucn bond shall be taken in such sum and in such form as the PostmasterGeneral shall think proper; and every such security shall be renewed from time to time, whenever and so often as such bond shall be forfeited, and also whenever and so often as the Postmaster-General shall in his discretion require the same to be renewed; and if any company of proprietors of any such railway as aforesaid shall, when so required as aforesaid, refuse or neglect, for the space of one calendar month next after the delivery of any notice for such purpose to them given by or from the Postmaster-General, to execute to her Majesty, her heirs and successors, such bond to the effect and in manner aforesaid, or shall at any time refuse or neglect to renew such bond, whenever and so often as the same shall, by or in pursuance of this act, be required to be renewed, such company of proprietors shall forfeit one hundred pounds for every day during the period for which there shall be any refusal, neglect, or default to give or renew such security as aforesaid, after the expiration of the said one calendar month. XIV. Provided always, and be it enacted, That in all cases in which any railway, or part of a railway, may, previous to the passing of this act, have been demised or let by the company of proprietors thereof, the body corporate or company, or other persons to whom the same shall have been so demised or let, their successors, executors, admistrators, or assigns, shall, during the continuance of such lease, be liable to all the provisions of this act, for or in respect of such railway or part of a railway, in lieu of such company of proprietors; but so that such lessees, (not being a body corporate or company), their executors, administrators, or assigns, shall not be required, in respect of any such railway, or part of a railway, to give security under the foregoing enactment to any amount in any one bond exceeding the sum of one thousand pounds, and shall not in any one year be liable in damages to be recovered upon any bonds which they may have given to any amount exceeding the sum of one thousand pounds and costs of suit. APPENDIX. STATUTES. ral may require Lessees of railway, not being a body pany, not to be required to give above 10001. corporate or com security by bond XV. And be it enacted, That all notices under the provisions of Service of notices. this act, by or on behalf of the Postmaster-General, to any company of proprietors of any railway as aforesaid, shall be considered as duly served on any company of proprietors in case the same shall be given APPENDIX. STATUTES. For settling differences between Postmaster-General and railway companies in certain cases. Railroad com panies, after con for a certain period, may refer them to arbitrators to decide as to their continuance. or delivered to any one or more of the directors of such company, or to the secretary or clerk of such company, or be left at any station belonging to such company. XVI. And be it enacted, That in all cases in which the PostmasterGeneral and any company of proprietors of any railway shall not be able to agree on the amount of remuneration or compensation to be paid by the Postmaster-General to such company of proprietors for any services performed, or to be performed by them as herein before mentioned, the same shall be referred to the award of two persons, one to be named by the Postmaster-General and the other by such company; and if such two persons cannot agree on the amount of such remuneration or compensation, then to the umpirage of some third person, to be appointed by such two first-named persons previously to their entering upon the inquiry; and the said award or umpirage, as the case may be, shall be binding and conclusive on the said parties, and their respective successors and assigns. XVII. And be it enacted, That after any contract entered into or tracts have existed award made under the authority of this act shall have continued in operation for a period of three years, it shall be competent for any railway company who may consider themselves aggrieved by the terms of remuneration fixed by such contract or award, by notice under their common seal, to require that it shall be referred to arbitrators to determine whether any and what alteration ought to be made therein; and thereupon such arbitrators or umpire, to be appointed as hereinbefore mentioned, shall proceed to inquire into the circumstances and make their award therein, as in the case of an original agreement: provided always, that the services performed by such railway company for the Post Office shall in nowise be interrupted or impeded thereby. Nomination of arbitrators to be within a limited time after application for references made. Construction of terms. Vict. c. 36. XVIII. And be it enacted, That in all references to be made under the authority of this act, the Postmaster-General, or the railway company, as the case may be, shall nominate his or their arbitrator within fourteen days after notice from the other party, or, in default, it shall be lawful for the arbitrator appointed by the party giving notice to name the other arbitrator; and such arbitrators shall proceed forthwith in the reference, and make their award therein within twentyeight days after their appointment, or otherwise the matter shall be left to be determined by the umpire; and if such umpire shall refuse or neglect to proceed and make his award for the space of twentyeight days after the matter shall have been referred to him, then a new umpire shall be appointed by the two first-named arbitrators, who shall in like manner proceed and make his award within twentyeight days, or in default be superseded, and so toties quoties. XIX. And be it enacted, That, whenever the term " company of proprietors," or " railway company," or " company," is used in this act, the same shall extend to and be construed to include the proprietors for the time being of any railway, whether a body corporate or individuals, and also (during the continuance of any demise or lease as aforesaid) any person, whether a body corporate, or company, or individuals, to whom any railway or part of a railway may, previous to the passing of this act, have been demised or let, and their successors, executors, administrators, and assigns, unless the subject or context be otherwise repugnant to such construction; and that the provisions of this act shall be construed according to the respective interpretations of the terms and expressions contained in an act passed in the first year of the reign of her present Majesty, intituled, “ An Act for consolidating the Laws relative to Offences against the Post Office of the United Kingdom, and for regulating the Judicial Administration of the Post Office Laws, and for explaining certain Terms and Expressions employed in those Laws," so far as those interpretations are not repugnant to the subject or inconsistsnt with the context of such provisions; and that this present act shall be deemed and construed to be a Post Office act, within the intent and meaning of the said last-mentioned act; and the pecuniary penalties hereby imposed shall be recovered and recoverable in the manner and form therein particularly mentioned and expressed with reference to the pecuniary penalties imposed by the Post Office acts: provided nevertheless, that any justice of the peace having jurisdiction for any county through which any railway shall pass, in respect of which any penalty or forfeiture under this act shall have been incurred, shall and may hear and determine any offence against this act which may subject any company to a pecuniary penalty not exceeding twenty pounds; and a summons issued under the Post Office acts by any such justice against any railway company for the recovery of any such penalty shall be deemed to be sufficiently served in case either the summons or a copy thereof be delivered to any officer, servant, or agent of such company, or be left at any station belonging to such company. 1 & 2 VICT. CAP. 117. APPENDIX. STATUTES. An Act to provide for the Custody of certain Monies paid in pursuance of the Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament. [16th August, 1838. Whereas it is expedient to provide for the custody of any sums of Authority to demoney paid in pursuance of any standing order of the Lords spiri- posit. tual and temporal, in Parliament assembled, or of the Commons, in Parliament assembled, by subscribers to works or undertakings to be made under the authority of an act of Parliament; 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, That in all cases in which any sum of money is required by any standing order of either house of Parliament either now or hereafter to be in force, to be paid by the subscribers to any work or undertaking which is to be executed under the authority of an act of Parliament, if the director or person, or directors or persons, having the management of the affairs of any such proposed work or undertaking, or any five of them, shall apply to the chairman of the committees of the House of Lords with respect to any such money required by any standing order of the Lords spiritual and temporal in Parliament assembled, or to the Speaker of the House of Commons, with respect to any such money required by any standing order of the Commons in Parliament assembled, the said chairman or the said speaker may, by warrant or order under his hand, direct that such sum of money shall be paid in manner hereinafter mentioned; that is to say, into the Bank of England, in the name and with the privity of the Accountant-General of the Court of Exchequer in England, if the work or undertaking in respect of which the sum of money is rerequired to be paid is intended to be executed in that part of the United Kingdom called England; or into the Bank of England, in APPENDIX. STATUTES. Payment of deposit. the name and with the privity of the said Accountant-General, or into any of the banks in Scotland established by act of Parliament or royal charter, in the name and with the privity of the Queen's Remembrancer of the Court of Exchequer in Scotland, at the option of the person or persons making such application as aforesaid, in case such work or undertaking is intended to be executed in that part of the United Kingdom called Scotland, or into the Bank of Ireland, in the name and with the privity of the Accountant-General of the Court of Chancery in Ireland, in case such work or undertaking is intended to be made or executed in that part of the United Kingdom called Ireland; and every such application as aforesaid to the said chairman or speaker shall be made in writing, and be signed by the director or directors, or person or persons, having the management of the said work or undertaking, or by any five of them; and therein shall be stated the name or description of such work or undertaking, and name and place of abode or the names and places of abode of such director or directors, person or persons, and the sum of money required to be paid, and the bank and name into and in which the same is to be paid; and such particulars shall also be set forth in every such warrant or order; and such warrant or order shall be a sufficient authority for the Accountant-General of the said Court of Exchequer in England, the Queen's Remembrancer of the Court of Exchequer in Scotland, and the Accountant-General of the Court of Chancery in Ireland respectively, to permit the sum of money directed to be paid by such warrant or order to be placed to an account opened or to be opened in his name in the bank mentioned in such warrant or order. II. And be it enacted, That it shall be lawful for the person or persons named in such warrant or order, or the survivors or survivor of them, or any five of them, to pay the sum of money mentioned in such warrant or order into the bank mentioned in such warrant or order, in the name and with the privity of the officer or person in whose name such sum shall be directed to be paid by such warrant or order, to be placed to his account there, ex parte the work or undertaking mentioned in such warrant or order; and every such sum so paid in, or the securities in or upon which the same may be invested as hereinafter mentioned, shall there remain until the same or such securities as aforesaid shall be paid out of such Bank in pursuance of the provisions of this act: provided always, that every sum paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Exchequer under the provisions of this act, shall be paid in and placed to his account there pursuant to the method prescribed by an act passed in the first year of the reign of his late Majesty King George the Fourth, intituled, " An Act for the better securing Money and Effects paid into the Court of Exchequer at Westminster on account of the Suitors of the said Court, and for the Appointment of an Accountant-General and Two Masters of the said Court, and for other Purposes," and pursuant to the general orders of the said Court, and without fee or reward; and every sum paid into the Bank of Ireland in the name and with the privity of the Accountant-General of the Court of Chancery in Ireland under the provisions of this act, shall be paid in and placed to his account there pursuant to the method prescribed by an act made and passed in the Parliament of Ireland in the twenty-third and twenty-fourth years of the 23 & 24 Geo. 3. (1). reign of his late Majesty King George the Third, intituled, “An Act for the better securing the Monies and Effects of the Suitors of the Court 1 Geo. 4, c. 35. of Chancery and Exchequer, by depositing the same in the National Bank, and to prevent the forging and counterfeiting any Draft, Order, or other Voucher for the Payment or Delivery of such Money and Effects, and for other Purposes," and pursuant to the general orders of the said court, and without fee or reward. APPENDIX. STATUTES. III. And be it enacted, That, if the person or persons named in such Investment of dewarrant or order, or the survivor or survivors of them, or any five of posit. them, desire to have invested any sum so paid into the Bank of England or the Bank of Ireland, the court in the name of whose accountantgeneral the same may have been paid, on a petition presented to such court in a summary way by him or them, may order that such sum shall, until the same be paid out of court in pursuance of this act, be laid out in the Three per Centum Consolidated or Three per Centum Reduced Bank Annuities, or any Government security or securities. IV. And be it enacted, that on the termination of the session of Re-payment of deParliament in which the petition or bill for the purpose of making or posit. sanctioning any such work or undertaking shall have been introduced into Parliament, or if such petition or bill shall be rejected or finally withdrawn by some proceeding in either house of Parliament, or shall not be allowed to proceed, or if an act be passed authorizing the making of such work or undertaking; and if in any or either of the foregoing cases the person or persons named in such warrant or order, or the survivor or survivors of them, or the majority of such persons, apply by petition to the court in the name of whose accountant-general the sum of money mentioned in such warrant or order shall have been paid, or to the Court of Exchequer in Scotland, in case such sum of money shall have been paid in the name of the said Queen's remembrancer, the court in the name of whose accountant-general or Queen's remembrancer such sum of money shall have been paid shall, by order, direct the sum of money paid in pursuance of such warrant or order, or the stocks, funds, or securities in or upon which the same are invested, and the interest or dividends thereof, to be transferred and paid to the party or parties so applying, or to any other person or persons whom they may appoint in that behalf; but no such order shall be made in the case of any such petition or bill being rejected, or not being allowed to proceed, or withdrawn, unless it be proved by the certificate of the chairman of committees, if the said petition or bill was rejected or not allowed to proceed, or withdrawn in its passage through the House of Lords, or of the said speaker, if the said petition or bill was rejected or not allowed to proceed, or withdrawn during its passage through the House of Commons, that the petition or bill has been either so rejected, or not allowed to proceed, or so withdrawn by some proceeding in one or other house of Parliament; which certificate the said chairman or speaker shall grant on the application in writing of the person or persons, or the majority of the persons, named in such warrant or order, or the survivor or survivors of them; and every such certificate shall be conclusive proof of such rejection, or not proceeding, or withdrawal. 2 & 3 VICT. CAP. 45. An Act to amend an Act of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, relating to Highways. [17th August, 1839. Whereas, by an act passed in the session of Parliament holden in the fifth and sixth years of the reign of his late Majesty King Wil |