Payment of deposit.

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

which any money, funds, annuities, or securities, or other property, would, on or after the said fifteenth day of October one thousand eight hundred and forty one, be payable or transferrable into the name of or become vested in the accountant-general of the said court of exchequer, and which, when paid or transferred accordingly, would be subject to the order of the same court sitting as a court of equity, the same money, funds, annuities, securities, and other property shall be paid, transferrable, and transferred into the name of or vested in the accountant-general of the said court of chancery, in trust to attend the order of the said court of chancery, and the same shall be applicable to the same purposes as the same would have been applicable if this act had not passed, except where otherwise directed by this act; and that all money, funds, annuities, securities, and property which shall be so paid and transferred into the name of the said accountant-general of the court of chancery, and which, before the passing of this act, or in case this act had not passed, were paid or transferred, or would have been payable or transferrable, to the accountant-general of the court of exchequer, by virtue of any act or acts already passed or hereafter to be passed, or other authority whatsoever, shall be held subject to such or the like orders and directions of the said court of chancery, and subject to such powers and provisions, as the same would have been subject to in case the same had been originally directed or authorized to have been paid and transferred into the name of the accountant-general of the said court of chancery, and had been made originally subject to the orders and directions of the last mentioned court; and the orders and directions of the said court of chancery relating thereto shall have the same force and effect as any like orders and directions of the court of exchequer relating thereto would have had if this act had not passed."

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 1 G. 4, c. 35. 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 acountant-general of the court of chancery in Ireland, under the provisions of this act, shall be paid in and placed to his account pursuant to the method prescribed by an act made and passed in the Parliament of Ireland in the twenty-third and twentyfourth years of the reign of his late Majesty King George the Third, intituled An Act for the better securing 23 & 24 G. 3. the Monies and Effects of the Suitors of the Court of Chan- (L.) cery 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.

III. And be it enacted, that if the person or persons Investment named in such warrant or order, or the survivor or survi- of deposit. vors of them, or any five of 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 accountant-general 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(b) securities.

IV. And be it enacted, that on the termination of the Repayment session of parliament in which the petition or bill for the of deposit.

(b) Exchequer bills, it seems, are government securities, within the meaning of the above clause, so decided by Shadwell, V. C., in ex parte South Eastern Railway Company, 9 Jur. 650, overruling decision of Alderson, B. to the contrary in ex parte Chaplin, 3 Y. & C. 397.

purpose of making or 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 (c) 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(d) 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

(c) Where money was paid into the bank under this act, by five of the directors of a railway company, the court of chancery refused to order it to be paid out to three of them on their petition, unless the others appeared and consented to the application. In re Staines and Richmond Railway Company, 9 Jur. 479.

(d) Where money was paid into the bank under this act, the court, upon the railway company obtaining their act of parliament, and on petition of all the persons in whose names the money was standing, being the principal promoters of the undertaking, made an order for payment of such money to their banker, who was the banker to the railway company, (in re Warwick and Leamington Railway Company, 13 Sim. 31;) see also n. (c), ante.

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.

c. 50.

2 & 3 VICT. c. 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.]

5 & 6 W. 4, 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 William the Fourth, intituled an Act to consolidate and amend the Laws relating to Highways in that Part of Great Britain called England, it is amongst other things by the said act enacted, that whenever a railroad shall cross any highway for carts or carriages the proprietors of the said railroad shall make and maintain good and sufficient gates at each of the said crossings, and shall employ good and proper persons to attend to the opening and shutting of such gates, so that the persons, carts, or carriages passing along such road shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad, and any complaint for any neglect in respect of the said gates shall be made within one month after the said neglect to one justice, who may summon the party so complained against to appear before the justices at their next special sessions for the highways, who shall hear and decide upon the said complaint, and the proprietor so offending shall forfeit any sum not exceeding five pounds: and whereas it is also by the said act further enacted, that nothing in this act contained shall apply to any turnpike roads, except where expressly mentioned, or to any roads, bridges, carriageways, cartways, horseways, bridleways, footways, causeways, churchyards, or pavements which now are or may hereafter be paved, repaired, or cleansed, broken up or diverted, under or by virtue of the provisions of any local or personal act or acts of parliament: and whereas it is deemed expedient to amend the said provisions in the said act, and to extend the same to turnpike roads in England: 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 wherever