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railway, not

not to be

above

XIV. Provided always, and be it enacted, that in all Lessees of cases in which any railway or part of a railway may pre- being a body vious to the passing of this act have been demised or let corporate or by the company of proprietors thereof, the body corporate company or company, or other persons to whom the same shall have required to been so demised or let, their successors, executors, adminis- give security trators, or assigns, shall during the continuance of such by bond lease be liable to all the provisions of this act for or in re- £1,000. spect 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.

XV. And be it enacted, that all notices under the pro- Service of visions of this act by or on behalf of the postmaster-general notices. 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 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.

differences

XVI. And be it enacted, that in all cases in which the For settling postmaster-general and any company of proprietors of any between railway shall not be able to agree on the amount of remu- postmasterneration or compensation to be paid by the postmaster- general and general to such company of proprietors for any services railway companies performed or to be performed by them as herein before in certain mentioned, the same shall be referred to the award of two cases. 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 en- Railroad tered into or award made under the authority of this act companies shall have continued in operation for a period of three tracte have

after con

existed for a certain

period, may refer them to

arbitrators to decide as

tinuance.

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 to their con- 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

tors to be

within a

cation for

made.

XVIII. And be it enacted, that in all references to be of arbitra- made under the authority of this act, the postmaster-general or the railway company, as the case may be, shall nomilimited time nate his or their arbitrator within fourteen days after noafter appli- tice from the other party, or in default it shall be lawful references 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 twenty-eight 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 twenty-eight 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 twenty-eight days, or in default be superseded, and so toties quoties.

Construction of terms.

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 1 Vict. c. 36. 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 inconsistent 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 lastmentioned 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.

XX. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in the present session amended or of parliament.

repealed.

1 & 2 VICT. c. 117.

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 money paid in pursuance of any standing order of the lords spiritual 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 Authority to by the authority of the same, that in all cases in which deposit. 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 required to be paid is intended to be executed in that part of the United Kingdom called England; or into the bank of England in 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 pri

vity 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 accountantgeneral 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 accountantgeneral 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 (a).

(a) The abolition of the court of exchequer, as a court of equity, has given rise to a slight modification of this act; by the 5 Vict. c. 5, "For making further Provisions for the Administration of Justice," s. 13, it is enacted "That in every case in which, by virtue of any act or acts of parliament, or otherwise, any sum or sums of money would, on or after the said fifteenth day of October one thousand eight hundred and forty one, be payable by any person or persons, or body politic or corporate, into the bank of England, in the name or with the privity of the accountant-general of the court of exchequer, and which, when paid in accordingly, would be subject to the order of the said court of exchequer sitting as a court of equity, the same sum and sums shall be payable and paid into the bank of England in the name and with the privity of the accountant-general of the court of chancery, to be placed to his account to the like credit as the same would have been payable if this act had not passed, but subject to the order of the said court of chancery; and that in every case in

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