31 & 32VICT. CAP. 119. mitted to a meeting of the proprietors of such company at a meeting held specially for that purpose: 2nd. Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in a morning newspaper published in London, Edinburgh, or Dublin, as the case may be, and in a newspaper of the county or counties in which the principal office or offices of the company is or are situate, and also by a circular addressed to each proprietor at his registered or last known or usual address, and sent by post, or delivered at such address not less than ten days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions for the use of the same; and the same form of proxy and the same instructions shall be sent to every such proprietor, and shall be addressed to each proprietor on the back of the form of proxy; but no such form of proxy shall be stamped before it is sent out, nor shall the funds of the company be used for the stamping of any proxies, nor shall any intimation be sent as to any person to whom the proxy may be given or addressed; and no other circular or form of proxy relating to such meeting shall be sent to any proprietor from the office of the company, or by any director or officer of the company so describing himself: 4th. 3rd. Such meeting shall be held on a day not earlier than seven days after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the company: At such meeting the bill or draft certificate shall be submitted to the proprietors, and shall not be proceeded with unless approved of by proprietors present in person or by proxy, holding at least three fourths of the paid up capital of the company represented at such meeting, such proprietors being qualified to vote at all ordinary meetings of the company in right of such capital; the votes of proprietors of any paid up shares or stock, other than debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the proposed act or certificate, if tendered at the meeting, shall be recorded separately: 5th. There shall be laid before parliament or the board of trade (as the case may require) a statement of the number of votes if a poll was taken, and 31 & 32 VICT. the number of votes recorded separately: CAP. 119. post office. 36. Whenever in pursuance of any notice under the Special act of the session of the first and second years of the Trains exreign of her present majesty, chapter ninety-eight, “to clusively for provide for the conveyance of mails by railways," or 1 & 2 Vict. otherwise, the mails or post letter bags are conveyed and c. 98. forwarded by a company on their railway by a special train, the postmaster general may by the same or any other notice in writing require that the whole of such special train shall be appropriated to the service of the post office exclusively of all other traffic except such as he may sanction, and the remuneration to be paid for such service shall be settled as prescribed by the sixth section of that act. &c. by post master 37. All requisitions, notices, and documents which re- Service of late to a company, if purporting to be signed by the requisitions, postmaster general or some secretary or assistant secretary to the post office, or by some officer appointed for general. the purpose by the postmaster general, shall, until the contrary is proved, be deemed to have been so signed, and to have been given or made by the postmaster general, and the provisions of the act of the session of the first and [Repealed second years of the reign of her present Majesty, chapter Vict. c. 68, by 38 & 39 ninety-eight, "to provide for the conveyance of mails by s. 1.] railways," requiring any notice, requisition, or document to be under the hand of the postmaster general, are hereby repealed. scope of Railway Powers Act, 1864. 38. The Railway Companies Powers Act, 1864, shall Extension of take effect and apply in the following cases in the same manner as if they were specified in section three of that Companies act; (that is to say), Where a company desire to make new provisions, or to alter any of the provisions of their special act, or of the Companies Clauses Consolidation Act, 1201845," so far as it is incorporated therewith, with respect to all or any of the matters following; namely, (a.) The general meetings of the company, and (b.) The appointment, number, and rotation of (c.) The powers of directors: (d.) The proceedings and liabilities of directors: 27 & 28 Vict. 39. All requisitions, orders, regulations, appointments, Service of certificates, licences, notices, and documents which relate requisitions, to a company, if purporting to be signed by some secre 31 & 32 VICT. c. 119. xiv. &c. CAP. 119. 31 & 32 VICT. tary or assistant secretary of or by some officer appointed for the purpose by the board of trade, shall, until the contrary is proved, be deemed to have been so signed, and to have been given or made by the board of trade. They may be served by the board of trade on any company in the manner in which notices may be served under the Companies Clauses Consolidation Act, 1845: and all notices, returns, and other documents required to be made, delivered, or sent by a company to the board of trade shall be left at the office of, or transmitted through the post addressed to, the board of trade. 8 & 9 Vict. c. 16. Recovery, &c. of Penal8 & 9 Vict. ties. cc. 20, 33. Company common law judge at West- 40. Every penalty imposed by this act shall be recovered and applied in the same manner as penalties imposed by the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845, (as the case may require,) are for the time being recoverable and applicable. 41. Whenever, in the case of any lands purchased or may apply to taken otherwise than by agreement for the purposes of any public railway, any question of compensation in respect thereof, or any question of compensation in respect of lands injuriously affected by the execution of the works of any public railway, is under the provisions of "The Lands Clauses Consolidation Act, 1845," to be settled by the verdict of a jury empannelled and summoned as in that act mentioned, the company or the party entitled to the compensation may, at any time before the issuing by the company to the sheriff as by that act directed, apply to a judge of any one of the superior courts of common law at Westminster, who shall, if he think fit, make an order for trial of the question in one of the superior courts upon such terms and in such manner as to him shall seem fit; and the question between the parties shall be stated in an issue to be settled in case of difference by the judge, or as he shall direct, and such issue may be entered for trial and tried accordingly in the same manner as any issue joined in an ordinary action at such place as the judge shall direct; and the proceedings in respect of such issue shall be under and subject to the control and jurisdiction of the court as in ordinary actions therein, but so nevertheless that the jury shall, where the issue relates to the value of lands to be purchased, and also to compensation claimed for injury done or to be done to lands held therewith, deliver their verdict separately in manner provided by the forty-ninth section of "The Lands Clauses Consolidation Act, 1845." Company obtain may judge's order instead of 42. Whenever a company is called upon or liable under the provisions of "The Lands Clauses Consolidation Act, 1845," to issue their warrant to the sheriff in the case of any disputed compensation, and the company CAP. 119. verdict of shall obtain a judge's order as in the last preceding section 31 & 32 Vior mentioned, the obtaining of such an order and notice thereof to the opposite party shall be a satisfaction of the issuing company's duty in respect of the issue of the warrant. warrant. 43. The verdict of the jury and judgment of the court Power of upon any issue authorised by this act shall, as regards jury and costs and every other matter incident to or consequent judgment of thereon, have the same operation and be entitled to the the court. same effect as if that verdict and judgment had been the verdict of a jury and judgment of a sheriff upon an inquiry conducted upon a warrant to the sheriff issued by the company under "The Lands Clauses Consolidation Act, 1845." tion of cer 44. In so far as any expression used in any of the three Interpretapreceding seetions of this act has any special meaning tain exassigned to it by "The Lands Clauses Consolidation Act, pressions. 1845," each such expression shall in this act have the meaning so assigned to it. masters for compensa 45. Wherever under the provisions of the Lands Fees to Clauses Consolidation Act, 1845, or of any act incorpo- determining rating, altering, or amending the same, the costs of any questions of proceedings for determining a question of disputed com- disputed pensation are settled by one of the masters of the court tion. of queen's bench in England or Ireland, it shall be lawful for such masters to receive and take in respect of each folio in length of every bill of costs so settled a fee of one shilling and no more; and such fee shall be taken in money and not in stamps, and may be retained by the said masters for their own use and benefit. of time. 46. Where notice in writing of a proposed application Extension under "The Railways (Extension of Time) Act, 1868," 31 & 32 Vict. for extension of the time limited for any of the purposes c. 18. mentioned in that act, is received by the board of trade [Repealed by 38 & 39 before the expiration of such time, or if the time has Vict. c. 66, expired during the present session of parliament before s. 1.] the first day of September one thousand eight hundred and sixty-eight, and the application is duly made within the period prescribed by the said act, then a warrant of the hoard of trade extending the time, although issued after the expiration thereof, shall have effect from the date of such expiration as if it had been previously issued. 47. The enactments described in the second schedule As to repeal to this act are hereby repealed. But this repeal shall not affect of enactments in second (1.) The validity or invalidity of anything duly done schedule. or suffered under any enactment repealed by this section: [Repealed by 38 & 39 Vict. c. 66, (2.) Any right acquired or accrued or liability in- s. 1.] curred, or any remedy in respect thereof. |