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the Road is restored to
lieu of Ac- the Lands adjoining the Railway or Part of a Railway so comcommoda.
menced or made, and authorized to be abandoned, Compensation Works.
tion, to be determined by Arbitration as herein-after mentioned, for all such Injury or Damage, if any, as shall be sustained by such Owners or Occupiers by reason of the Omission to make Gates, Passages, Drains, Watercourses, Bridges, and such other Works, for the Accommodation of Lands adjoining the Railway, as such Company would have been required to
make if such Railway had not been allowed to be abandoner!. Where Roads 22... Where the Line of any Railway so authorized to be have been abandoned shall have been wholly or partially laid out, and carried across abandoned any Road shall have been carried across such Line of Railwav Line of Rail
by means of a Bridge or Tunnel over or under such Railway, way by means of a Bridge which Bridge or Tunnel the Company to whom such Railway or Tunnel, Company to
belonged would, in case the same had not been abandoned, make Com: have been liable to keep in repair, then in every such Case, pensation, in lieu of koop- except where such Bridge or Tunnel shall, with the Permising Bridges, sion of the said Commissioners, be by such Company removed, &c. in repair, except where and such Road restored to the like or an equally convenient
and good State as the same was in before it was interfered its former with by the Makers of such Railway, to the Satisfaction (in
case of Difference between such Company and the Owner or Persons having the Management of such Road) of the Commissioners of Railways", such Compary shall pay to the Owner of such Road, if it be a private Road, or to the Trustees, Surveyors of Highways, or other Persons having the Management of such Road, if it be a Turnpike or other public Road, a Sum of Money, to be determined by Arbitration as after mentioned, in lieu and discharge of their Liability to keep such Bridge or Tunnel, and also the Roadway over the same, in repair.
23...Every Sum so to be paid as last aforesaid to such tion to Trus- Trustees, Surveyors, or other Persons as aforesaid shall be by Overseers of them forthwith paid over to the Treasurer of the County publicRoads where the Bridge or Tunnel in respect of which such Sum applied. was paid is situate, and shall be by him invested in Consoli
dated Bank Annuities or other Public Securities ; and the Dividends or Income thereof shall, until Parliament shall otherwise provide, be applied in the Maintenance of the Bridge or Tunnel in respect whereof the same was paid, in such Manner as the Justices in Quarter Sessions having Jurisdiction where such Bridge or Tunnel is situate shall order.
See note in p. 373.
how to be
24... Every Sum so to be paid as last aforesaid in Scotland Application to such Trustees or other Persons as aforesaid shall be by of Monies them paid into Bank, and the Interest to arise thereon shali, until Parliament shall otherwise provide, be applied in the Maintenance of the Bridge or Tunnel in respect whereof the same was paid, in such Manner as the Sheriff of the County in which such Bridge or Tunnel is situate, in case of any Difficulty arising, shall direct. 25... The Amount of the Compensation so to be made in Amount of
Compensa. the several Cases aforesaid shall be determined, in case of
tion to be Difference, by Arbitration, in the Manner provided by the settied by Railways Clauses Consolidation Act, 1845", or the Railways pursuant to
Arbitration, Clanses Consolidation Act, Scotland, 1845), as the Case may 8 & 9 Viet. require ; and for that Purpose all the Clauses of the said 8 & 9 Vict. Railways Clauses Consolidation Acts with respect to the Set- •. 33. tlement of Disputes by Arbitration shall be deemed to be incorporated with this Act: Provided always, that no such claims for Railway Company shall be liable to make any Compensation in Compensa
tion to be respect of Damage alleged to have been sustained by reason of made within the Abandonment of the Railway or Part of the Railway, or the
after Public Non-completion of any Contract of such Company in any of cation of the Cases aforesaid, unless the Claim for such Compensation for Abandon
Warrant shall have been made within Six Mouths after the Publica- ment. tion in the Gazette of the Notice of the Warrant for such Abandonment as herein-before provided. 26. Provided also, and be it enacted, that the Authority Company to
be still liable so as aforesaid given for abandoning the making of any such
for Damage Railway or Part of a Railway shall not prejudice or affect the occasioned
by their Right of the Owner or Occupier of any Lands to receive from Entry on such Company Compensation for any Damage that may have Lands for
taking been occasioned by the Entry of such Company upon such Levels, &c. Lands, for the Purpose of surveying and taking Levels, and pats of probing or boring to ascertain the Nature of the Soil, or of c. 18, or
8 & 9 Vict. setting out the Line of the Railway, pursuant to the Provi-89 sions for that Purpose in the Lands Clauses Consolidation Act, 1845°, and the Lands Clauses Consolidation Act (Scotland), 18456, contained.
27... All the Lands acquired by such Company for the Lands purPurposes of the Railway or Part of Railway so authorized to
d to chased by the
Railway a 8 Vic. c. 20, § 126 et seq. (VII. p. 184, &c.) > 8&9 Vic. c. 33, Scotch act: see observations in Introduction, as to Scotch acts. * 8 Vic. c. 18, § 84 (p. 270.)
Company to be abandoned shall be sold by such Company within the be sold with Time limited or prescribed for that Purpose in the Warrant
authorizing the Abandonment of such Railway; and if no Time be therein prescribed for that Purpose, then within Two Years from the Date of such Warraut, in the Manner prescribed by the said Lands Clauses Consolidation Acts with respect to the Sale of superfluous Landsa; and for that Purpose all the Clauses of the said last-mentioned Acts with respect to the Lands acquired by the Promoters of the Undertaking under the Provisions of their special Act, but which are not required for the Purposes thereof, shall be deemed to be incorporated with this Act: Provided always, that the Offer to be made by the Railway Company pursuant to the said Acts to sell such Lands to the Person entitled to the Lands from which the same were severed shall be made at a Price or Sum not greater than the Price or Sum at which
such Lands were purchased by such Company. Where Part 28... When the said Commissioners of Railways, by any of a Railway
ay such Warrant as aforesaid, authorize the Abandonment of a is authorized to be aban- Part only of the Railway of any Railway Company, they Commishe may, if they think fit, require that the Capital authorized to sioners may be raised by such Company in respect of such Railway, shall Capital to be be reduced to such Extent and in such Manner as the said
Commissioners think fit, and so that such Reduction do not bear a greater Proportion to the whole Capital so authorized to be raised than the Cost of the Part of the Railway so authorized to be abandoned would have borne to the Cost of the whole Railway; and they may also, if they think fit, in like Manner reduce the Amount which such Company are authorized to borrow on Mortgage or Bond, and every such Reduction shall be expressed in the said Warrant; and in every such Case, the Capital of such Company and their Power of borrowing Money shall be reduced and limited in conformity with the Directions for that Purpose contained in such Warrant; and such Company shall have all the same Powers for enforcing the Payment of Calls in respect of the Shares in the Capital when reduced in the Manner required by the said Commissioners, and for enforcing the Forfeiture of any such Shares in default of Payment of such Calls, as such Company would have had in respect of the original
* 8 Vic. c. 18, 8 127 et seq. (p. 290, &c.) o $ 128 (p. 291.)
. See note in p. 373.
whole Rail way the
Capital of such Company if this Act had not been passed : Provided always, that nothing herein contained shall authorize the said Company to reduce or interfere with any Amount of Capital paid up or called for before the Eleventh Day of February One thousand eight hundred and fifty, and entitled to any preferential or guaranteed Dividend or Interest.
29... After the granting of any such Warrant as aforesaid Astor Warfor the Abandonment of the whole Railway of any Railway na Company, the Powers of such Company for the Construction, ment of the Maintenance, and Management of such Railway shall cease ; ; and such Company shall continue to exist only for the Pur- Powers of pose of winding up their Affairs, and they shall accordingly, a
are to cease, subject to the Provisions herein contained with respect to except for
winding up. the Sale of Lands' acquired by such Company for the Purposes of their Railway, proceed with all convenient Speed to collect and to convert into Money all their Property and Effects, and shall in the first place pay and satisfy all their Debts and Liabilities, and after full Payment and Satisfaction thereof shall distribute the surplus Funds among the Shareholders of the Company in proportion to their Shares and Interests therein; and for the Purposes aforesaid all the Powers of sach Company shall continue in full Force and Effect, and when and so soon as the same shall have been fully accomplished such Company shall be dissolved, and cease to exist.
30...Notwithstanding the Provision in the Joint Stock Provisions of Companies Winding-up Amendment Act, 1849, excepting 11 & 12 Viet. Railway Companies incorporated by Act of Parliament from 12 & 13 Vict, the Application of the Joint Stock Companies Winding-up ...108, to Act, 1848, the said Two several Acts shall nevertheless apply Cases where
Order of to any Railway Company incorporated by Act of Parliament
winding-up in respect of which an Order may have been made by the was made
prior to passCourt of Chancery for winding up the Affairs of such Com- ir
Ting of said pany previous to the passing of the said Joint Stock Com- Acts. panies Winding-up Amendment Act, 1849, and the Proceedings for winding up the same shall proceed and be carried on under the said Joint Stock Companies Winding-up Act, 1848, and the said Joint Stock Companies Winding-up Amendment Act, 1849, or either of them. 31...Where any such Warrant as aforesaid shall have been When War
rant has been granted for the Abandonment of the whole Railway of any Rail- granted for way Company in England or Ireland, any Shareholder of such abandoning
the whole a $ 27.
Railwar. Company may present a Petition under the Joint Stock Coo Shareholders
panies Winding-up Act, 1848, or any Act for the Amendment : may petition for winding such Act, for the winding up of the Affairs of such Compar up, under the 11 & 12 Vice
under the said Act; and for that Purpose the Railway Compei c. 45, not- whose Railway is so authorized to be abandoned shall, if they withstanding anything in Court shall think fit so to order, (notwithstanding anythin 12 & 13 Viet. to the contrary thereof in the said Joint Stock Comen's
Winding-up Act, or in the Joint Stock Companies Windissup Amendment Act, 1849,) be deemed to be a Company i
wbich the said Act applies. it of Ses. 32... Where any such Warrant as aforesaid shall have been tan, upon for the Abandonment of the whole Railway of any Railway
questrate Company in Scotland, any Shareholder of such Company mat a Railway present a Petition to the Court of Session, praying the said Cour: Company ior the Aban- to sequestrate such Company, and it shall thereupon be lawfe]
menter for the said Court to issue a Deliverance awarding Sequestrarant has beon tion of such Company, and to appoint a Factor who shall take
possession of and recover the Estate of such Company, adi realise and manage the same, for the Purposes of this Act, and for winding up and distributing the same with due Regard to the Rights and Interests of the Creditors and Shareholders
and of all others concerned therein. Court of 33... It shall be competent to the said Court to establish, by Session to Acts of Sederunt to be passed by them, all such Rules and Rules for Regulations as may be necessary in relation to the summary Adiustment Statement, Discussion, and Adjudication of all Claims at the
Instance of Creditors, Shareholders, and other Parties against such Company, and by such Rules and Regulations to apply, as far as may be practicable and expedient, towards the Purposes of this Act, the Provisions of an Act passed in the Session of Parliament holden in the Second and Third Years of
the Reign of Her present Majesty, intituled An Act for Rege2 & 3 Viet. lating the Sequestration of the Estates of Bankrupts in Scotland;
and it shall be competent to the said Court so also to establishi all such other Rules and Regulations as may be necessary for
carrying fully into effect the Purposes of this Act. In case of 34...In the event of the Affairs of any snch Company being Pulition for wound up under any such Petition, the Compensation hereinLat downers before directed to be given to the Owners and Occupiers of
Lands and others in respect of the Damage sustained by them Croditors in by reason of such Abandonment in the Cases herein-before tie Compen- mentioned, or by reason of the Non-completion of any such
are to be deemed