23... Every Notice or Requisition on the Business of the Service of Clearing System, or given pursuant to this Act, shall be suffi- Notices, &c. cient if it be in Writing signed by the Secretary of the Committee, or Secretary or other Officer of the Company giving the same, and if it be sent by the General Post addressed to the Secretary of the Company for whom the same is intended, in case such Notice or Requisition be intended for any Company, or to the Secretary at the principal Office of the Clearing System, in case such Notice or Requisition be intended for the Committee; and Proof of such Notice or Requisition being deposited in any public Letter Box or Receiving House for Letters intended to be forwarded by the General Post, shall be deemed Proof of the due Service of such Notice or Requisition; and Notices or Requisitions for each Member of the Committee shall be sufficient if sent in manner aforesaid, addressed to him at the principal Office of the Company whom he represents. mittee, how 24. In all Pleadings or Proceedings, civil or criminal, when Companies it shall be required to mention all the Companies Parties to and Comthe Clearing System, or the Committee, it shall be sufficient to be deto mention the Companies by the Description of "The Com- scribed in legal Propanies Parties to the Clearing System mentioned in the Rail- ceedings. way Clearing Act, 1850," and to describe the Committee by the Description of "The Clearing Committee mentioned in the Railway Clearing Act, 1850," without stating the Names of the individual Companies and Members. of Secretary 25...In all Cases where the Name of the Secretary to the Description Committee shall be used under the Authority of this Act, it in legal shall be sufficient to name and describe him, and to state the Proceedings. Authority for using his Name, as in the Form of Declaration in Schedule (A)a. not to abato 26...Upon the Death or Removal of any Secretary, no Ac- Actions, &c. tion or Suit or other Proceeding pending in his Name, as on Death or Plaintiff or Defendant or otherwise, either on behalf of or Removal of Secretary. against the Committee, shall abate or be stayed; but as soon as another Secretary shall be appointed, the Name of such new Secretary shall be therein-after used; and in an Action at Law such Name shall, whether it be before or after Judg ment, be introduced by Suggestion, to which no Plea or Expenses of Act. Short Title: Demurrer shall be allowed; and the Omission to make such Suggestion, and an erroneous Suggestion, shall be mere Irregu larities, and shall, on the Application of the Committee or of the Party opposed to the Committee, be rectified, but shall not otherwise be taken advantage of. 27...All the Costs, Charges, and Expenses of obtaining and passing this Act, or incident thereto, shall be paid by the said Committee out of the first Monies which shall come to their Hands after the passing of this Act. 28...This Act may be called "The Railway Clearing Act, 1850," and shall be deemed to be a Public Act, and as such shall be judicially noticed. SCHEDULE A. [A.B.,] Secretary to the Clearing Committee, and now to witamed by virtue of the Railway Clearing Act, 1850, by [CD] his Attorney, complains of [X. Y.,] who have been summoned to answer the said [A. B.] in an Action of Debt, for that the Clearing Committee have decided that the Sum of [£100] is payable by the Defendants, as Parties to the Clearing System, by means whereof an Action has accrued to the said Committee to demand in the Name of their Secretary the said Sum of [£100,] yet the Defendants have not paid the same, to the Damage of the said Committee of [£10,] and thereupon the Plaintiff, by virtue of the said Act, brings Suit. Directions for using the above Form. Substitute for [A.B.] the Name of the Secretary, and for [C.D.} the Name of his Attorney, and for [X Y.] the Name of the Company Defendant, and for the Sums such Sums as the Case may require, and add the Venue. Several Counts may be inserted on the above Model, where several Sums are sought to be recovered. ⚫ Form of Declaration for Recovery of Balances, &c., due from a Company; § 15 (p. 345) and § 25 (p. 347). These directions are to be taken as part of the Act; see § 15 (p. 345). c. 97, (p. 17.) 5 & 6 Viet. c. 55, (p. 26.) 8 & 9 Vict. c. 20, (p. 121) WHEREAS by an Act passed in the Fourth Year of the Reign 3 & 4 Vict. of Her Majesty, intituled An Act for regulating Railways; and by another Act passed in the Sixth Year of the Reign of Her Majesty, intituled An Act for the better Regulation of Railways, and for the Conveyance of Troops; aud by another Act passed in the Eighth Year of the Reign of Her Majesty, intituled An Act to attach certain Conditions to the Construction of 7 & 8 Vict. c. 85, (p. 40.) futi re Railways authorized or to be authorized by any Act of the present or succeeding Sessions of Parliament, and for other Purposes relating to Railways; and by Two other Acts passed in the last Session of Parliament, for consolidating in One Act and c. 33°. certain Provisions usually inserted in Acts authorizing the making of Railways, respectively, and by sundry Local Acts of Parliament, certain Powers with respect to Railways are vested in the Lords of the Committee of Her Majesty's Most Honourable Privy Council for Trade and Foreign Plantations; but it is expedient that a separate Department be constituted for these Purposes, and for other Purposes relating to Railways: Be it enacted"... That it shall be lawful for Her Majesty, Her Majesty by Warrant under the Royal Sign Manual, to appoint any to appoint Number not more than Five Persons, to be Commissioners Commissionof Railways, and from Time to Time, at Her Pleasure, to re- ways, One of empowered ers of Rail whom to be It is thought that the following acts, the effect of which in some instances President; is not exhausted, ought not to be omitted, though their provisions have generally become obsolete as regards any future action. This act has been repealed by 14 & 15 Vic., c. 64 (XIII. p. 214.) by which Railways are again placed under the supervision of the Board of Trade; but without some of the powers conferred on the late Commissioners of Railways by this act of 1846. The two acts here referred to are the Railway Clauses Consolidation Acts, 1845; 8 & 9 Vic. c. 20, for England and Ireland, (p. 121); and 8 & 9 Vic. c. 33, for Scotland; see observations as to Scotch acts, in Introduction. 4 See note a in p. 1. and from remove them. move all or any of the said Commissioners, and to appoint Time to Time others in their Stead; and to appoint one of the said Commissioners to be their President; and any Two of the said Commissioners shall be competent to act in the Execution of the Powers vested in them by this Act; and upon any Vacancy in the Number of the said Commissioners, it shall be lawful for the surviving or continuing Commissioners, not being less than Two, to act; and their Acts shall be as valid as if no such Vacancy had occurred and every such Appointment or new Appointment, and also the Day on which the said Commissioners shall begin to act in execution of this Act, shall be published in the London Gazette". Power of ferred to Commissioners. 2... From and after the Day which shall be so specified in Trade trans- the London Gazette, as the Day on which the said Commissioners shall begin to act in execution of this Act, all the Powers, Rights, and Authority now vested in or exercised by the Lords of the Committee of Her Majesty's Privy Council for Trade and Foreign Plantations, by virtue of the recited Acts, or by any other Act of Parliament, or otherwise howsoever, with respect to any Railway or intended Railway, shall be transferred to and vested in and exercised by the Commissioners of Railways, as fully as if they had been named in the said several Acts of Parliament instead of the Lords of the said Committee; and all Provisions of the said Acts shall be deemed to apply to the said Commissioners instead of the Lords of the said Committee; and all Proceedings now pending before the Lords of the said Committee, or carried on under their Authority, shall be continued and carried on by and before the said Commissioners, who shall have and exercise the same Powers, Rights, and Authority in respect of all such Proceedings, as if they had been originally commenced before the said Commissioners. An Office to be provided, under the 3...An Office shall be provided in London or Westminster, under the Directions of the Commissioners of Her Majesty's Direction of Treasury, for the Use of the Commissioners appointed under this Act, at or to which all Notices and other Documents shall be given or sent which are now by Law required to be given or sent at or to the Office of the Lords of the said Committee. the Treasury. a The Date of the Commissioners beginning to act, as published in the London Gazette, was 9th November, 1846. The act was repealed by 14 & 15 Vic. c. 64 (p. 214), from and after 10th October, 1851. The official existence of the Commissioners of Railways was therefore somewhat less than five years. ers to be 4...The Commissioners of Railways shali cause a Seal to be seal; and made for the Purposes of their Commission; and all Orders Documents sealed by and other Documents proceeding from the said Commissioners, Commissionand purporting to be sealed or stamped with the Seal of the Evidence. said Commissioners, and signed by Two or more of the said Commissioners, shall be received as Evidence of the same respectively in all Courts and before all Justices and others, without any further Proof thereof. ers to appoint 5...The said Commissioners may appoint, and at their CommissionPleasure remove, a Secretary and so many other Officers and a Secretary, Servants as to them, subject to the Approval of the Commis- Officers, &c., sioners of Her Majesty's Treasury, shall appear necessary for Approval of carrying on the Business of the said Commission. subject to Treasury. Salaries to and Servants. 6...The President and Two other Commissioners, and the Payment of Secretary, Officers, and Servants of the said Commissioners, Commissionshall be paid by such Salaries as shall be from Time to Time ers, Officers, appointed by the Commissioners of Her Majesty's Treasury, not exceeding the Sum of Two thousand Pounds in the Case of the President, and the Sum of One thousand five hundred Pounds in the Case of either of the Two other paid Commissioners, and in the Case of the Secretary and other Officers and Servants of the said Commission such fit Salaries as shall be from Time to Time appointed, with due Reference to their several Stations and the Duties they will have to perform. fied to sit in 7...The Office of the said President shall not be deemed President such an Office as shall render him incapable of being elected not disquali or of sitting or voting as a Member of the Commons House of Parliament. Parliament, or as shall avoid his Election if returned, or render him liable to any Penalty for sitting or voting in Parliament. missioners Parliament. 8...The Office of any other of the said Commissioners who UnpaidComshall not be entitled to receive a Salary by reason of his Ap- not disqualipointment to such Office, shail not be deemed such an Office fied to sit in as shall render him incapable of being elected or of sitting or voting as a Member of the Commons House of Parliament, or as shall avoid his Election if returned, or render him liable to any Penalty for so sitting or voting; and if any such unpaid Commissioner shall be a Member of the House of Commons at the Time of his Appointment, his Acceptance of such Appointment shall not avoid his Election or vacate his Seat in Parliament; and for the Purpose of distinguishing which Commis |