lieu of Accommodation Works. Where Roads have been carried across abandoned Line of Railway by means of a Bridge or Tunnel, Company to any the Lands adjoining the Railway or Part of a Railway so commenced or made, and authorized to be abandoned, Compensation, 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 abandoned. 22... Where the Line of any Railway so authorized to be abandoned shall have been wholly or partially laid out, and Road shall have been carried across such Line of Railway by means of a Bridge or Tunnel over or under such Railway, which Bridge or Tunnel the Company to whom such Railway 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 keep 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 the Road is and good State as the same was in before it was interfered 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. restored to its former State. Compensa tees and how to be 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 Consolidated 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. a See note in p. 373. paid. 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 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 Sheriff of the County in which such Bridge or Tunnel is situate, in case of any Difficulty arising, shall direct. tion to be Arbitration, c. 20, and 25...The Amount of the Compensation so to be made in Amount of the several Cases aforesaid shall be determined, in case of Compensa Difference, by Arbitration, in the Manner provided by the settied by Railways Clauses Consolidation Act, 1845, or the Railways pursuant to Clauses Consolidation Act, Scotland, 1845", as the Case may 89 Vict. require; and for that Purpose all the Clauses of the said 8 & 9 Vict. Railways Clauses Consolidation Acts with respect to the Set- c. 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 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 Month Non-completion of any Contract of such Company in any of cation of the Cases aforesaid, unless the Claim for such Compensation for Abandonshall have been made within Six Months after the Publica- ment. tion in the Gazette of the Notice of the Warrant for such Abandonment as herein-before provided. tion to be after Publi Warrant be still liable by their taking 26. Provided also, and be it enacted, that the Authority Company to 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 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 been occasioned by the Entry of such Company upon such Levels, &c. Lands, for the Purpose of surveying and taking Levels, and pursuant to of probing or boring to ascertain the Nature of the Soil, or of c. 18, or setting out the Line of the Railway, pursuant to the Provi-89 Vict. sions for that Purpose in the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Act (Scotland), 1845, contained. 8 & 9 Vict. c. 19. 27... All the Lands acquired by such Company for the Lands purPurposes of the Railway or Part of Railway so authorized to 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.) chased by the Railway 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 in a limited Time. Where Part is authorized to be aban doned, the Commis require the reduced. 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 Warrant, in the Manner prescribed by the said Lands Clauses Consolidation Acts with respect to the Sale of superfluous Lands; 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. 28... When the said Commissioners of Railways, by any of a Railway such Warrant as aforesaid, authorize the Abandonment of a Part only of the Railway of any Railway Company, they may, if they think fit, require that the Capital authorized to stoners 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, § 127 et seq. (p. 290, &c.) b§ 128 (p. 291.) < See note in p. 373. c rant for Abandon whole Rail the Company 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 After Warfor the Abandonment of the whole Railway of any Railway Company, the Powers of such Company for the Construction, ment of the Maintenance, and Management of such Railway shall cease; way the and such Company shall continue to exist only for the Pur- Powers of pose of winding up their Affairs, and they shall accordingly, are to cease, subject to the Provisions herein contained with respect to except for the Sale of Lands acquired by such Company for the Pur- winding up. poses 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 such 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. c. 45, and c. 108, to Order of 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 apply to Act, 1848, the said Two several Acts shall nevertheless apply Cases where 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 Court of Chancery for winding up the Affairs of such Com- ing 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. prior to pass rant has been 31...Where any such Warrant as aforesaid shall have been When Wargranted for the Abandonment of the whole Railway of any Rail- granted for way Company in England or Ireland, any Shareholder of such the whole a § 27. abandoning Railway, may petition up, under the c. 45, not Company may present a Petition under the Joint Stock ComShareholders panies Winding-up Act, 1848, or any Act for the Amendment of for winding such Act, for the winding up of the Affairs of such Company &12 Vice under the said Act; and for that Purpose the Railway Company whose Railway is so authorized to be abandoned shall, if the anything in Court shall think fit so to order, (notwithstanding anything 12 & 13 Vict. to the contrary thereof in the said Joint Stock Companies Winding-up Act, or in the Joint Stock Companies Windingup Amendment Act, 1849,) be deemed to be a Company to which the said Act applies. withstanding c. 108. Court of Session, upon Petition, may Company for the Aban which a War 32...Where any such Warrant as aforesaid shall have been for the Abandonment of the whole Railway of any Railway sequestrate Company in Scotland, any Shareholder of such Company may any Railway present a Petition to the Court of Session, praying the said Court to sequestrate such Company, and it shall thereupon be lawful donment of for the said Court to issue a Deliverance awarding Sequestrarant has been tion of such Company, and to appoint a Factor who shall take possession of and recover the Estate of such Company, and 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. granted. Court of of Claims. 33...It shall be competent to the said Court to establish, by Acts of Sederunt to be passed by them, all such Rules and Regulations as may be necessary in relation to the summary Adjustment 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 Regu2&3 Vict. lating the Sequestration of the Estates of Bankrupts in Scotland; and it shall be competent to the said Court so also to establish all such other Rules and Regulations as may be necessary for carrying fully into effect the Purposes of this Act. c. 41. In case of winding up. up 34...In the event of the Affairs of any such Company being Petition tor wound under any such Petition, the Compensation hereinLandowners before directed to be given to the Owners and Occupiers of Lands and others in respect of the Damage sustained by them Creditors in by reason of such Abandonment in the Cases herein-before the Comp - mentioned, or by reason of the Non-completion of any such are to be deemed respect of |