according to the true Intent and Meaning of this Act, and that if such Meeting had been duly called, and the Sense thereof duly taken, the Consent of such Meeting to the proposed Application would have been given, it shall be lawful for any such Shareholders, not being less in Number than Five, and holding in the aggregate not less than One Twentieth of the Capital or Stock of the Company, consisting of Shares or Stock whereon all Calls for the Time being have been paid up, and which Shareholders shall have paid all the Calls then due on the Shares held by them, to apply to the said Commissioners, setting forth in Writing the Grounds on which they complain of the Decision alleged to have been come to at such Meeting as aforesaid, and praying that a further Meeting may be called, and if it appear to the said Commissioners (after hearing the Parties complained of, if they desire to be heard,) that there is good Reason to believe that if such Meeting had been duly called, and the Sense thereof duly taken, the Consent of such Meeting to the proposed Application to the said Commissioners would have been given, the said Commissioners shall certify their Judg ment to that Effect, and shall direct a further Meeting to be called by the Directors of such Company at the Time and Place to be appointed by the said Commissioners, and the said Directors shall call such Meeting accordingly, or in default thereof it shall be lawful for the Shareholders who complained to the said Commissioners of the Proceedings of the former Meeting to call such Meeting, and all the Provisions of this Act shall apply to any further Meeting so directed to be called in like Manner as to any original Meeting hereinbefore authorized or required to be called. determine be made, Directors not meanwhile, 12...If at any such Meeting any Railway Company shall if Meeting determine, as herein-before mentioned, that such Application that Applias aforesaid shall be made, or if the said Commissioners shall cation shall certify as aforesaid their Judgment, that if such Meeting had been duly called and the Sense thereof duly taken the Con- to proceed sent of such Meeting to the proposed Application to the said Commissioners would have been given, then, as from the Date of the Resolution so come to at such Meeting, or the Date of the said Certificate, as the Case may be, the Directors of such Company shall not have Power to proceed any further with the making of the Railway, or the Part thereof so proposed to be abandoned, until the Decision of the Commis Commissioners of Railways to direct Advertise ments of sioners of Railways" with respect to such Application be made, and then only in accordance with such Decision. 13...If it appear to the said Commissioners that there are sufficient Grounds for entertaining such Application, the said Commissioners shall require and direct the Company making the same to give Notice of such Application having been Application. made, by Advertisement inserted, in a Form to be approved of by the said Commissioners, once in the London, Edinburgh, or Dublin Gazette, according as the Railway or Part of the Railway proposed to be abandoned is situate in England, Scotland, or Ireland, and once in each of Three successive Weeks in some Newspaper published or circulating in each County in which any Part proposed to be abandoned of such Railway is situated, and affixed for Three successive Sundays on the principal outer Door of the Church or Churches of every Parish in which any Part of such Railway where the whole is proposed to be abandoned, or in which any Part proposed to be abandoned, is situate; and in Ireland such Notice shall also be affixed to the Roman Catholic Chapel, and where there shall be no such Church or Chapel on some public or conspicuous Place of such Parish; and every such Notice shall set forth within what Time and in what Manner any Person who thinks himself aggrieved by any such proposed Abandonment, and who desires to object thereto, may bring such Objection before the Commissioners. Commis sioners to and to send 14...For the Purpose of ascertaining the State and Condition of the Company making any such Application, and of inquiring into the Expediency of the proposed Abandonment of Railway, and of determining the Terms and Conditions on which the same may be authorized by them, it shall be lawful for the Commissioners of Railways", by themselves or by any Officer appointed and specially empowered by them for that Inspection. Purpose, to inspect the Books of Accounts, Minutes of Proceedings, or any other Books, Papers, or Documents in the Possession or Control of such Company, and also, if they see fit so to do, to send, at the Expense of such Railway Company, or at the Expense of any Person who applies to them for that Purpose, an Officer to be appointed by them to inspect the Railway or proposed Railway or Work so proposed to be abandoned, and to collect Evidence on the Spot relative to such Abandonment; and if any such Company, or any of their See note in p. 373. Officers or Servants, shall refuse such Inspection by the said Commissioners, or any Officer appointed and specially empowered by them for that Purpose, or refuse or wilfully neglect to produce to the said Commissioners or any such Officer, on Demand, any Books, Papers, or Documents in the Possession or Control of such Company, every such Company shall for every such Refusal or Neglect forfeit to Her Majesty the Sum of Twenty Pounds, and a further Sum of Five Pounds for every Day during which such Refusal or wilful Neglect shall be continued. 15...Upon Proof to the Satisfaction of the said Commissioners that such Notice has been duly given, and after the sioners of Expiration of the Time therein appointed for bringing Objec- may by Wartions before the said Commissioners, and after considering all rant authorthe Objections, if any, brought before them, the said Commis- Abandonsioners may, if they think fit, and upon such Terms and Con- ment of the ditions as they think fit, by Warrant under their Seal, and Part of signed by Two or more of the said Commissioners, authorize Railway the Abandonment of the Railway or Portion of Railway the Warrant. described in such Warrant. Commis Railways ize the Railway or described in tions of Abandon missioners to cumstances. cancel the 16. Provided always, and be it enacted, That in consider- In considering the Objections which may be made by any of the Share- ing Objecholders of any Railway Company to the proposed Abandon- Shareholders ment of a Part only of the Railway of such Company, and in to partial determining the Terms and Conditions on which the said ment, ComCommissioners may think fit to authorize any such partial have regard Abandonment, the said Commissioners shall have regard to to local cirthe local Situation of the Lands and Residences of the Shareholders so objecting with reference to the Portion of Railway proposed to be abandoned; and in the Case of any such Share Power to holders being original Subscribers to the Undertaking, and reduce or not being Solicitors, Agents, or Engineers employed in pro- Shares of the moting the same, and whose Places of Residence or Lands are adjoining or near the Line of the Portion of Railway so proposed to be abandoned, it shall be lawful for the said Commissioners, if they think fit so to do, in any Direction which (under the Provision herein-after contained) they may give for reducing the Capital of the Company authorized to construct such Railway, to provide, at the Request of any such last-mentioned Shareholders, that the nominal Amount of the Shares held by them in such Company may be reduced to the Amount then already paid up by them respectively, or to such other Extent as the said Commissioners may think fit to Objectors in certain cases. Abandon ment of Railway to be advertised, and Demands pany for Compensation to be sent in. order in that Behalf; or the said Commissioners may, at the like Request, direct any such Shares to be cancelled, and a Part of the Monies that may have been paid up in respect of such Shares, bearing such Proportion to the whole as the said Commissioners, having regard to all the Circumstances of the Case, shall think fit to determine, to be repaid to such Shareholders. 17...Within One Month after the Day on which any such Warrant as aforesaid is granted by the said Commissioners, the Railway Company to which the same applies shall cause on the Com- Notice thereof to be inserted in the London, Edinburgh, or Dublin Gazette, according as the Railway or Part of Railway mentioned therein is situate in England, Scotland, or Ireland, and once in each of Three successive Weeks in some Newspaper published or circulating in each County in which any Part of such abandoned Railway is situate, and to be affixed for Three successive Sundays on the principal outer Door of the Church or Churches of every Parish in which any such Part of such Railway is situate; and in Ireland such Notice shall also be affixed to the Roman Catholic Chapel, and where there shall be no such Church or Chapel, on some public or conspicuous Place of such Parish; and every such Notice shall require all Persons having any Claims or Demands upon the said Company for Compensation or otherwise, by reason of the Abandonment of Railway authorized by such Warrant, to transmit the Statement of such Claims or Demands to the Secretary of such Company, at the Office or usual Place of Business of the same Company, within Four Months from the Date of such Warrant. Commissioners of Railways to certify the due Publi 18... Upon Proof to the Satisfaction of the said Commissioners that Notice of such Warrant has been duly published in manner herein-before required, the said Commissioners shall cation of the certify the same accordingly; and such Certificate shall be Notice of the received in all Courts of Justice or elsewhere as Evidence that Warrant. such Notice was duly published as aforesaid. After the Warrant the be released 19...After the granting of any such Warrant, and the Publication of such Notice thereof as aforesaid, the Company shall (subject to the Provisions herein-after contained) be released from all Liability to make, maintain, or work the Railway mentioned in such Warrant, or the Part thereof thereby authorized to be abandoned, or to purchase any of the Lands required for the making thereof, or to complete the Purchase of any such Lands for the Purchase of which Notice may have been given, or any Contract entered into, by or on behalf of the Company, or to complete any Contract for or concerning the making, maintaining, or working of the Railway so to be abandoned, or any other Contract relating to the Railway or Part of Railway so authorized to be abandoned which by reason of such Abandonment cannot be performed: Provided always, that nothing in this Act contained shall extend to release the Company from any Liability to complete the Purchase of any Land for the Purchase of which any Contract may have been entered into by or on behalf of the Company, and which Contract may have been in part performed, or by virtue or in pursuance of which a specified Sum or Price as the Consideration for the Purchase of the Lands thereby agreed to be sold to or taken by the Company shall have been fixed or ascertained previously to the passing of this Act, notwithstanding the Time for the Completion of the Purchase named in such Contract shall have been subsequently extended by Agreement or Arrangement with the Company. tion to be have been 20. Provided always, and be it enacted, That in every CompensaCase in which before the granting of any such Warrant any made where Notice hath been given or Contract entered into by or on Contracts behalf of the Company named therein for purchasing any entered into Lands which such Company were by the Acts relating thereto or Notice empowered to purchase for the Purpose of constructing the given. Railway or Portion of Railway so authorized to be abandoned, and from which Contract such Company would be relieved under the Provisions herein-before contained, or where any Contract hath been entered into for or concerning the constructing, maintaining, or working of the Railway or Part of Railway so authorized to be abandoned, or any other Contract relating thereto, which by reason of such Abandonment cannot be performed, the Company shall make to the Owners or Occupiers of and other Parties interested in such Lands, or being Parties to such Contracts as aforesaid, Compensation, to be determined by Arbitration as herein-after mentioned, for all Injury or Damage, if any, sustained by such Owners, Occupiers, and other Parties by reason of such Purchase not being completed pursuant to such Notice, or by reason of such Contract not being performed. tion to adjoining Land 21... Where any Railway or Part of a Railway so autho- Compensarized to be abandoned shall have been then made or commenced, such Company shall make to the Owners and Occupiers of owners in |