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Railway

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12....If the Company of Proprietors of any Railway, Penalties on or any of their respective Officers, Servants, or Agents, Companies shall refuse or neglect to carry or convey any Mails or compliance Post Letter Bags, when tendered to them for such w Purpose by the Postmaster General or any Officer of visions : the Post Office, or shall refuse to carry on their Railway any Mail Coaches, Carts, or Carriages as herein-before provided, when so required by the Postmaster General, or shall refuse or neglect to receive, take up, deliver, and leave any such Mails or Post Letter Bags, Mail Guards, or other Officers of the Post Office, Mail Coaches, Carts, or 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 the Postmaster General shall from Time to Time reasonably direct or appoint, is herein-before provided, or shall not obey, observe, ind perform all such Regulations respecting the Conveyance of the Mails and Post Letter Bags, Mail Coaches, Carts, and Carriages on any such Railways as the Postmaster General, or such Officer of the Post Office as he shall nominate in that Behalf, shall make for the Purposes aforesaid, then and in any such Case the Company of Proprietors who, or whose Officer, Servant, or Agent, shall so offend in the Premises, shall for

very such Offence forfeit and pay a sum not exceeding £20 for each Twenty Pounds; Provided nevertheless, that the Pay- penalty not ment of or Liability to such Penalty shall not in any liability Manner lessen or affect the Liability of any such Com- under Bond. pany under any Bond which may have been given by hem under the Provisions herein-after contained“.

13.... It shall be lawful for the Postmaster General, if Postmaster ne shall so think fit, to require the Company of Pro- require Railprietors of any Railway already made or in progress, or o be hereafter made, within the United Kingdom, to give Security

by Bond. ive Security by Bond to Her Majesty, Her Heirs and"

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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 herein-before 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 herein-before 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 such Bond shall be taken in such Sum and in such Form as the Postmaster General 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 Post

master General shall in his Discretion require the same Penalty on to be renewed; and if any Company of Proprietors of not giving or any such Railway as aforesaid shall, when so required Bond when as aforesaid, refuse or neglect, for the Space of One

Calendar Month next after the Delivery of any Notice £100 per

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

Form and amount of Bond.

Company for

required,

day.

provisions of

11

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ns Company or

Corporation,

required to

exceeding

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.

14. Provided always, and be it enacted, That in all Lesseos of Cases in which any Railway or Part of a Railway may, liable to previous to the passing of this Act, have been demised this Act: or let by the Company of Proprietors thereof, the Body Corporate or Company, or other Persons to whom the but if not a same shall have been so demised or let, their Successors, ce Executors, Administrators, or Assigns, shall, during the not to be Continuance of such Lease, be liable to all the Provisions give security of this Act for or in respect of such Railway or Part $1000 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.

15....All Notices under the Provisions of this Act by Sorrice of or on behalf of the Postmaster General to any Com- Post office pany of Proprietors of any Railway as aforesaid shall on Company. 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.

16... In all Cases in which the Postmaster General Arbitration and any Company of Proprietors of any Railway shall Differences not be able to agree on the Amount of Remuneration between or Compensation to be paid by the Postmaster General and Railway

Notices by

Companies,

for settling

Post Office

* Sic: previously?

as to remneration or compensatiou.

After Contracts have

as to remu: to such Company of Proprietors for any Services per

formed 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 Award final. 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.

17....After any Contract entered into or Award made existed for 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 herein-before mentioned" shall proceed to inquire into the Circum

stances, and make their Award therein, as in the Case of Cruicin an original Agreement: Provided always, that the Serterrupted. vices performed by such Railway Company for the Post

Office shall in nowise be interrupted or impeded thereby.

18.... In all References to be made under the AuthorArbitrators ity 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 Twenty-eight Days after

3 years, Railway Company may require reference to Arbitrators as to alteration of ternus:

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Appointment of

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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.

19.... Whenever the Term “ Company of Proprietors,” Interpretaor " Railway Company,” or “Company," is used in this time Act, the same shall extend to and be construed to in- Proprietors;" clude the Proprietors for the Time being of any Rail Company;".. way, whether a Body Corporate or Individuals, and Individuals, also (during the Continuance of any Demise or Lease Lessees. 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 the Provisions of this Act shall be construed ac- Construccording to the respective Interpretations of the Terms Office Act, and Expressions contained in an Act passed in the 1 Vio. c. 36. 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 und 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 This, a Post that this present Act shall be deemed and construed to off be a Post Office Act within the Intent and Meaning of the said last-mentioned Act; and the pecuniary Penal- Recovery of ties hereby imposed shall be recovered and recoverable

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ions in Post

pattina

ice Act;

Penaltice;

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