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affect ACtiops or Suits
Contrict as aforesaid, or otherwise, shall be deemed a Demand sation given laimed from, and, when ascertained in the Manner provided by this Act.
y this Act, a Debt due from, snch Company, and the Party by whom such Compensation is claimed shall be deemed a • Creditor," in England or Ireland within the Provisions of the said Joint Stock Companies Winding-up Act, or in Scotland within the Provisions of the said recited Act of Second and Third Years of the Reign of Her present Majesty; and in case any Lands purchased by such Railway Company shall be sold by the Official Manager under the said Act, they shall be sold in the Manner and subject to the Provisions contained in this Act.
35. Provided always, and be it enacted, that this Act, or Act not to any Proceeding thereunder, shall not prejudice or affect any Action or Suit or other Proceeding at Law or in Equity com- commenced menced before the Eleventh Day of February One thousand Peb. 850. eight hundred and fifty, or any Action or Suit brought in connexion with and during the Dependence of and involving the same Matter with such Action or Suit, nor any Action, Suit, or other Proceeding against a Company which shall not have obtained a Warrant authorizing the Abandonment of the Railway or Part of a Railway in respect of which such Action, Suit, or other Proceeding shall be iustituted, unless such Company shall, within Three Days after Notice for that Purpose from the Party suing them, give such Party Notice of their Intention to apply for such Warrant, and shall obtain the same, and serve Votice thereof on such Party within Three Calendar Months thereafter ; but all such Actions and Suits and other Proceedings shall be proceeded with, and Judgments recovered, and Rules, Orders, and Decrees made therein shall be enforced, as if this Act had not been passed, sa ve only that the same, after Notice given by the Company of their Intention to abandon as aforesaid, shall be suspended for Three Calendar Months, if the Warrant be refused, or be not obtained within that Time.
36. Provided always, and be it enacted, that nothing in this Nothing Act contained shall extend or be construed to extend to her authorize the Abandonment by any Company of any Railway Abandon
ment of any or Portion of a Railway, or other Works, which such Company Railway has agreed under its Corporate Seal to make and construct, agreed to be according to any Agreement entered into either with any without Individual or witb any other Company, unless such Individual Consent. or Company shall consent in Writing to such Abandonment.
Interpreta tion of Terins:
Commis- 37... In each Case in which the said Commissioners' authorize siopers to the Abandonment of the wbole or a Portion of a Railway, Parliament they shall, within Ten Days after issuing their Warrant for
- that Purpose, if Parliament be then sitting, or if not, then 25 donment authorized soon thereafter as Parliament meets, lay before both Houses by them.
of Parliament a Copy of every such Warrant, accompanied by such Report and Observations as shall in the Judgment of such Commissioners set forth and explain the Reasons for their Award and Warrant in every such Case as aforesaid.
38... The following Words and Expressions in this Act shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Con
struction; that is to say, Number : Words importing the Singular Number only shall include
the Plural Number, and Words importing the Plural
Number only shall include also the Singular Number : Words importing the Masculine Gender shall extend to
Females : * Person;" The Word “Person” shall include Body Corporate: * Lands;" The Word “ Lands" shall include Messuages, Tenements,
and Hereditaments : " Railway;" The Word “ Railway" shall include all Works, Buildings,
and Undertakings authorized to be constructed or carried
on in connexion with the Railway or belonging thereto. "Shares;" The Word “ Shares” shall include Stock: " Month." The Word “Month” shall mean Calendar Month.
39...In citing this Act in other Acts of Parliament, and in legal and other Instruments and Proceedings, it shall be sufficient to use the Expression “The Abandonment of Rail. ways Act, 1850.”
SCHEDULE referred to by the foregoing Act. (1.)
No. and Amount of
Shares or Stock
(1.) The Secretary will insert these Particulars.
(2.) In this Column the Shareholder will write the Word "assenting" er “ dissenting," as the Case may be, and sign his Name thereunder. a See note in p. 373.
b $ 5 (p. 375.)
LIST OF FORMS CONTAINED IN THIS VOLUME.
1.-FORMS PRESCRIBED BY STATUTE.
PAGE COMPANIES CLAUSES CONSOLIDATION ACT, 1845 : Schedule A.-Certificate of Share, .
117 B.-Transfer of Shares or Stock, .
117 C.-Mortgage Deed (Debenture), ..
. 117 D.-Bond (for Repayment of Money),
, 118 E.--Transfer of Mortgage or Bond,
. 118 F.-Proxy, . . . .
. 119 G.-Conviction, . . . .
. 119 RAILWAYS CLAUSES CONSOLIDATION ACT, 1845 :
§ 134. Declaration to be made by an Arbitrator or Umpire,
Schedule.-Form of Conviction, . . LANDS CLAUSES CONSOLIDATION Act, 1845 : $ 60.- Declaration to be made by a Surveyor,
259 Schedule A.-Conveyance,
299 . B.-Conveyance on Chief Rent,
800 C.-Conviction, .
301 RAILWAYS ACT, IRELAND, 1851 :
$7.- Declaration to be made by an Arbitrator, . . . . . 30+ RAILWAY CLEARING ACT, 1850 : Schedule A.-Declaration for Recovery of Balances or Sums due, .
Directions for using same, . . . . . . 348 RAILWAY COMPANIES DISSOLUTION ACT, 1846:
Schedule.-Proxy, . . . . . . . . . . 366 RAILWAYS CONSTRUCTION, EXTENSION of TIME Act, 1847 : Schedule.-Form for Assent or Dissent of Shareholders to Contracts
for Works, . . . . . . . . . . . 372 ABANDONMENT of RAILWAYA ACT, 1850 :
Schedule.-Form for Assent or Dissent of Shareholders, . . 888
2.-FORMS ADDED BY EDITOR.
6. Letter advising Transferor, on Receipt of Transfer, before Registry, . 7. Certificate of Registry of Transfer of Shares : 8 Vic. c. 16. $ 15, . 8. Forms of Certificates of Stock, or of Registry of a Transfer of Stock:
8 Vic. c. 16, $ 62, . 9. Forms of Declaration on Transmission of Shares or Stock by Death of
otherwise than by Transfer Deed : 8 Vie, c. 16, 18, 19, . . 44,5 10, Form of Register of Mortgages or Debenture Bonds, and Memorial
Transfers thereof : 8 Vic. c. 16, § 45, 47, . . . . .
Register of Mortgages and Bonds, . .
Register of Transfers of Mortgages and Bonds, 11. Letter advising Transferor, on Receipt of Transfer of Bond, before Registry, 12. Certificate of Registry of Transfer of Mortgage or Bond, 13, Notice of Charges for Carriage of Goods of Extra Value ; under Carriers
Act, 1 Wm. 4, c. 68, $ 2,. .. 14. Notification of Charges for Carriage of Cattle, &c., above prescribed
value; under Cardwell Act, 17 & 18 Vic. c. Si, Š 7. . . . . 23
FORMS. The Forms of Books, &c., which are required by Statute to be kept rused, but for which no special forms are prescribed by it, may of ourse vary according to circumstances in the case of each Company. But the forms used should contain and set forth all the particulars required by the Act to be set forth in them.
Some Forms are added herein, which are not prescribed by Statute, but which may be found useful; as, for instance, Forms (No. 6 and No. II) of Notice on receipt of Transters, apprising the parties by whom the Transfers purport to be made, and thereby giving them an opportunity of checking irregular or fraudulent Transfers, if attempted to be made in their names.
No. 1.-Form of Register of Shareholders : 8 Vic, c. 16, $ 9. RAILWAY COMPANY.--REGISTER OF SHAREHOLDERS, on - th of -, 185-,
Common Seal of the — Company affixed at the Ordinary General) Meeting of Shareholders, held at — , on day of — 185
- , Chairman. ) Observations on foregoing Form. COLUMN 1.–The Names to be in the alphabetical order of surnames: $ 9. In the case of Joint Shareholders, they should be placed in the alphabetical precedence of the first name ($ 78, 137.)
COLUMN 2.--The Profession, Occupation, or Business, where any, of the Shareholder, to be stated : or his personal addition, as Baronet, Esquire, Gentleman, Widow, Spinster, &c.
COLUMN 3.--A sufficient audress for identification and for finding the party by post, to be entered.
COLUMNS 4 to 1).-To be used according to circumstances. If there be only ordinary or original shares, and no Preference Shares, columns 8 to 11 will not be required; and the headings " Original Shares" and "Preference Shares" can be altogether omitted, where there is only