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XXXIV.-EXTENSION OF TIME, &c.

11 VICT., CAP. 3.

An Act to give further Time for making certain Railways.
[20th December, 1847.]

may apply to

WHEREAS divers Acts of Parliament have been passed for making Railways", and in such Acts respectively certain Periods of Time are limited within which only the Powers thereby granted, whether for making the Railways or for the compulsory Purchase of the Lands therein referred to, can be lawfully exercised: And whereas it is expedient that in certain Cases further Time be granted for the Purposes aforesaid; be it enacted...That if any Railway Company, or Railway Person authorized by any Act or Acts of Parliament to con- Companies struct a Railway or any Works connected with a Railway, or Commis to purchase Lands for any such Purpose, desire that the Period limited by such Act or Acts for the Completion of such Rail- Extension of way or Works, or for the Purchase of such Lands, be extended, Purchase of such Company or Person may, at any Time within Two Calen- Lands, &c. dar Months after the passing of this Act, make Application" in Writing, to the Commissioners of Railways, setting forth what Extension of Time is desired by them or him, and to what Part of the Railway, or the Works or Lands connected therewith, the same is intended to apply, and the Grounds on which such Application is made.

sioners of

Railways for

Time for

sioners may

2...If it appear to the said Commissioners that there are Commissufficient Grounds for entertaining such Application, they require Comshall require the Company, or Person making the same, to pay to give give Notice of such Application having been made, by Ad- Application vertisement, inserted in such Form as shall be approved of by by Adver the said Commissioners, once in the London, Edinburgh, or the Gazette.

The present act applies only to cases in which Railway Acts had been obtained by any Companies before its passing, and in which applications for further time were made within two months after the date of this act, which was passed on 20th December, 1847, and has now therefore become obsolete; see also § 8 and § 9 (p. 370.)

See note in p. 1.

* Commissioners of Railways, under 9 & 10 Vic. c. 105; see p. 349, note ".

Notice of

tisement in

Commis

sioners of

Railways

under their

Seal, may, upon Proof that Notice has been given, enlarge the

Time for the Com

pletion of Purchases and Works.

Dublin Gazette, accordingly as such Railway or Works or Lands are in England, Scotland, or Ireland, and once in each of Three successive Weeks in some Newspaper published or circulating in each County in which any Part of such Railway or Works or Lands to which the Extension of Time is intended to apply is situated, and affixed for Three successive Sun lays on the principal outer Door of the Church or Churches of every Parish in which any such Part of such Railway or Works or Lands is situated; and every such Notice shall set forth within what Time and in what Manner any Person who thinks himself aggrieved by any such proposed Extension of Time, and who desires to object thereto, may bring such Objections before the said Commissioners.

3...Upon Proof to the Satisfaction of the said Commissioners that such Notice had been duly given, and after the Expiraby Warrant tion of the Time therein appointed for bringing Objections before the said Commissioners, and after considering all such Objections, if any, which have been brought before them, the said Commissioners may, if they think fit, and upon such Terms and Conditions as they think fit, by Warrant under their Seal, and signed by Two or more of the said Commissioners, extend the Period allowed by any such Act or Acts as aforesaid, whether for the Completion of such Railway or Works or for the compulsory Purchase of Lands for that Purpose, for such further Time as the said Commissioners think fit, not exceeding Two Years from the Expiration of the Periods so allowed by such Act or Acts respectively; and they may so extend such Periods respectively, either as to the whole of such Railway or Works, and the whole of the Lands required for the same, or as to so much of such Railway or the Works, or the Lands connected therewith, as shall be specified for that Purpose in such Warrant.

Acts mentioned or re

such War

rants to be construed with re

4...When any such Warrant as aforesaid is granted by the ferred to in said Commissioners, the Act or Acts of Parliament authorizing the Construction of the Railway or Works mentioned or referred to in such Warrant, shall, as to the Portion of Railference to the way or the Works or Lands described thereby or comprised in such Warrant, be construed as if the extended Period or Periods of Time mentioned in such Warrant had been by such Act or Acts limited as the Period or Periods respectively a See note in P. 367.

same.

within which the Powers of such Act or Acts might lawfully be exercised, whether for the Construction of such Railway or Works or for the compulsory Purchase of the Lands required for the same, instead of the Periods mentioned in such Act or Acts respectively.

expired

and Notices

5. Provided always, and be it enacted, that this Act shall Not to revive not have the Effect of reviving any Powers which had ex- Powers. pired before the making of such Application, and that it shall not prejudice or affect any Contract or Agreement entered into before the passing of this Act; and where, before the passing of this Act, any Contract hath been entered into, or Existing Notice given by any such Railway Company or Person, for Contracts purchasing, taking, or using any Lands which, under any such to take Act or Acts as aforesaid, such Company or Person is entitled to Lands to be purchase, take, or use, this Act, or any Warrant thereunder, as if this Act shall not authorize any Extension of the Time allowed for the passed. Purchase of the Lands comprised or mentioned in such Contract or Notice; and every such Contract and Notice respectively shall be construed and shall take effect, and the same Proceedings shall be had thereunder, and all Parties thereto shall be entitled to the same Rights and Remedies in respect thereof, both at Law and in Equity, as if this Act had not been passed.

construed

had not

being

6... Within One Calendar Month after the Day on which Notices of any such Warrant as aforesaid is granted by the said Com- Warrants missioners, they shall cause Notice thereof to be inserted in granted to the London, Edinburgh, or Dublin Gazette, accordingly as the be published Railway, Works, or Lands mentioned therein is or are in Gazette. England, Scotland, or Ireland.

in the

Extension of

have Com

additional

Damage.

7. Provided always, and be it enacted, that whenever any Parties agsuch Warrant as aforesaid shall have been granted by the grieved by said Commissioners, for extending the Time within which any Time being of the Powers given by any such Act or Acts may lawfully granted may be exercised, the Justices, Arbitrators, Umpires, or Juries pensation for respectively, as the Case may be, who under the Provisions of such Act or Acts shall award or assess the Compensation to be made by any such Company or Person as aforesaid to the Owners or Occupiers of or other Persons interested in any Lands taken or used for the Purposes of any such Railway or Works, or injuriously affected by the Construction thereof, shall, in estimating the Amount of such Compensation, have § 1, and note, in p. 367.

$ 3.

Contracts for new Works not to be

entered into

for a limited Period, ex

tain Cases.

regard to and make Compensation for the additional Damage (if any), sustained by such Owners, Occupiers, or other Persons, by reason of any such Extension of Time having been granted as aforesaid.

8...No Railway Company authorized by Act of Parliament to construct a Railway, or any Works connected with a Raiiway, who had not before the Twenty-seventh Day of November in the Year One thousand eight hundred and forty-seven execept in cer- cuted any Part of the Works, or entered into any Contract or Agreement for the Execution of any Part of the Works which they were for the first Time authorized by such Act to construct, shall within Twelve Calendar Months after the passing of this Act enter into any Contract or Agreement for the Execution of any Works so for the first Time authorized by such Act, excepting always from this Enactment Contracts and Agreements for the Construction of Part of any Railway or Works which by any Act shall have been substituted by way of Deviation from any Part of the Line of such Railway as authorized by some previous Act, or in lieu of some other Works authorized by some previous Act, and also Contracts and Agreements for the Construction of such other Works as the Company shall be authorized to proceed in constructing by the Consent of the Holders of Three Fifths of the Shares or Stock held by such of the Shareholders of such Company as shall signify their Assent thereto or Dissent therefrom within the Time and in the Manner herein-after mentioned, or as they shall be authorized to proceed in constructing by an Order of the said Commissioners of Railways published in the London, Edinburgh, or Dublin Gazette, according as the Works are situated in England, Scotland, or Ireland; and all Contracts and Agreements entered into in Contravention of this Enactment shall be utterly void and of no Effect.

Mode of

Consent of

to the making of Contracts

9...For the Purpose of ascertaining such Consent of the ascertaining Shareholders as aforesaid, a General Meeting of the ShareShareholders holders of such Company shall be held within Six Weeks after the passing of this Act, of which public Notice shall be given by public Advertisement in the Manner required or usually adopted for advertising the Extraordinary General Meetings of such Company; and a Circular Letter shall be sent by the b See note in P. 367.

for new Works.

a See note in p. 367.

Post, addressed to each of the Shareholders of such Company, according to his registered Address or other known Address, describing the Portion of Line or Works proposed to be executed, and stating that a General Meeting of the Shareholders of such Company will be held, at a Time and Place mentioned in such Circular, for the Purpose of determining whether a Contract for executing such Works shall be entered into or not within the Twelve Months next after the passing of this Act, and requesting such Shareholder to signify his Assent to or Dissent from the making of such Contract, according to a Form to be contained in such Circular Letter, which Form shall be to the Effect set forth in the Schedule hereto; and such Circular Letter shall request such Shareholder either to return such Form, signed by him, in a Letter addressed to the Secretary of such Company, or to attend such General Meeting as aforesaid, and deliver the same, so signed by him, to the Chairman thereof; and at the Meeting so to be held the Chairman thereof shall cast up the Number or Amount of Shares or Stock held by Shareholders assenting to the making of such Contract, and the Number or Amount of Shares or Stock held by Shareholders dissenting therefrom, whether such Assent have been signified by the Shareholder sending to the Secretary of the Company such Form as aforesaid signed by him, or by such Shareholder attending such Meeting and delivering in the same to the Chairman thereof; and such Chairman shall thereupon publicly announce the Number or Amount of Shares or Stock of the Shareholders assenting to the making of such Contract, and the Number or Amount of the Shares or Stock of those dissenting therefrom, and shall state whether or not the Holders of Three Fifths of the whole of such Shares or Stock consent to the making of such Contract: Provided always, that in computing the Number or Amount of the Shares of Shareholders assenting or dissenting as aforesaid, no Share shall be taken into account the Holder whereof shall not have paid all the Calls then due by him upon the Shares held by him.

10...A Certificate under the Hand of the Chairman of the Certificate Company, and countersigned in each Case by the Secretary of of the Chairthe Company, stating that such Meeting as aforesaid has been pany, coun

Companies Clauses Act, § 10 (VI. 10, p. 63.)

b Page 372.

man of Com

tersigned by the Secre

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