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Railway
Company

Police to be

Railways at Prices to be settled between Seere

and the Companies ;

shall, for the Purposes of this and of the said recited Act, be deemed to have been made by the Lords of the said Committee, and that in the Absence of Evidence to the contrary, without Proof of the Authority of the Person signing the same or of the Signature thereto; and Service of the same at One of the terminal Offices Service on of any Railway Company on the Secretary or Clerk of the said Company, or by sending the same by Post addressed to him at such Office, shall be deemed good Service upon the said Company.

20.... Whenever it shall be necessary to move any of Military and the Officers or Soldiers of Her Majesty's Forces of the conreyed on Line, Ordnance Corps, Marines, Militia, or the Police Force, by any Railway, the Directors thereof shall and settled beare hereby required to permit such Forces respectively, tary at War with their Baggage, Stores, Arms, Ammunition, and com other Necessaries and Things, to be conveyed at the usual Hours of starting, at such Prices or upon such Conditions as may from Time to Time be contracted for between the Secretary at War and such Railway Companies for the Conveyance of such Forces, on the Production of a Route or Order for their Conveyance on producsigned by the proper Authorities.

21....Whenever the Word “Railway" is used in this Interpreor in the said recited Act it shall be construed to apply " Railway;" to all Railways used or intended to be used for the Conveyance of Passengers in or upon Carriages drawn or impelled by the Power of Steam or by any other mechanical Power; and whenever the Word "Com- "Company;" pany" is used in this or in the said recited Actit shall be construed to extend to and include the Proprietors for the Time being of any such Railway, whether a Body Corporate or Individuals, and their Lessees, Executors, Administrators, and Assigns, unless in either of

tion of Routo or Order.

tation:

* See g 12 of act of 1844 (7 & 8 Vic, c. 85,) by which the provisions of this section are amended and extended in reference to Railways obtaining acts in or after that year, (V. 12).

& Vic. c. 97 (III.)

Application

the above Cases the Subject or Context be repugnant to such Construction.

22....All Penalties under this Act for the Application of which no special Provision is made, shall be recovered in the Name and for the Use of Her Majesty, in the Manner provided by the said recited Act for regulating Railwaysa.

of Penalties.

V.-RAILWAYS FURTHER REGULATION ACT, 1844.

7 & 8 Vict. Cap. 85. An Act to attach certain Conditions to the Construction

of future Railways authorized or to be authorized by any Act of the present or succeeding Sessions of Parliament; and for other Purposes in relation to Railways.

[9th August, 1844.]

revise Scale

fix new Scale

WHEREAS it is expedient that the Concession of Powers for the Establishment of new Lines of Railway should

be subjected to such Conditions as are herein-after con. Limitation tained for the Benefit of the Public: Be it enacted .... That

Prefits of if at any Time after the End of Twenty-one Years from Treasury may and after the First Day of January next after the passof Tolls and ing of any Act of the present or of any future Session in cases cale of Parliament for the Construction of any new Line of where the Passenger Railway, whether such new Line be a Trunk, ceed 10 per Branch, or Junction Line, and whether such new Line 21 Years be constructed by a new Company incorporated for the Tact for ng Purpose or by any existing Company, the clear annual Construction Profits divisible upon the subscribed and paid-up Capital

Stock of the said Railway, upon the Average of the Three then last preceding Years, shall equal or exceed *3 & 4 Vie., c. 97, 8 13–16 (III. p. 21 et seq.)

See note • in p. 1. • See interpretation of “Railway" and "Passenger Railway" in $ 25, (p. 57).

Profits ex

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of any future Railway:

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the Rate of Ten Pounds for every Hundred Pounds of such paid-up Capital Stock, it shall be lawful for the Lords Commissioners of Her Majesty's Treasury, subject to the Provisions herein-after contained, upon giving to the said Company Three Calendar Months Notice in Trevious Writing of their Intention so to do, to revise the Scale Comie of Tolls, Fares, and Charges limited by the Act or Acts relating to the said Railway, and to fix such new Scale of Tolls, Fares, and Charges, applicable to such different Classes and Kinds of Passengers, Goods, and other Traffic on such Railway, as in the Judgment of the said Lords Commissioners, assuming the same Quantities and Kinds of Traffic to continue, shall be likely to reduce the said divisible Profits to the said Rate of Ten Pounds in the Hundred : Provided always, that no such revised Proviso: Scale shall take effect, unless accompanied by a Gua- to be accomrantee, to subsist as long as any such revised Scale of panied with a Tolls, Fares, and Charges shall be in force, that the said io per cent. divisible Profits, in case of any Deficiency therein, shall be annually made good to the said Rate of Ten Pounds for every Hundred Pounds of such Capital Stock: Provided also, that such revised Scale shall not be again revised or such Guarantee withdrawn, otherwise than with the Consent of the Company, for the further Period of Twenty-one Years“.

2.... Whatever may be the Rate of divisible Profits on And Option any such Railway, it shall be lawful for the said Lords to Purchase Commissioners, if they shall think fit, subject to the Railways. Provisions herein-after contained, at any Time after the Expiration of the said Term of Twenty-one Years, to purchase any such Railway, with all its Hereditaments, Stock, and Appurtenances, in the Name and on Behalf of Her Majesty, upon giving to the said Company Three Calendar Months Notice in Writing of their Intention, Notice to and upon Payment of a Sum equal to Twenty-five Years Le Purchase of the said annual divisible Profits, estimated Purchasc.

guarantee of

V

Company :
Terms of

"See further limitations in § 3, 4, as to guarantee or purchase of lines (p.42-3.)

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Limitation as

to which such

on the Average of the Three then next preceding Years: Proviro for Provided, that if the average Rate of Profits for the said in case of Three Years shall be less than the Rate of Ten Pounds difference in the Hundred, it shall be lawful for the Company, if

they shall be of Opinion that the said Rate of Twentyfive Years Purchase of the said average Profits is an inadequate Rate of Purchase of such Railway, reference being had to the Prospects thereof, to require that it shall be left to Arbitration, in case of Difference, to determine what (if any) additional Amount of Purchase

Money shall be paid to the said Company: Provided But no Op- also, that such Option of Purchase shall not be exercised, chase while except with the Consent of the Company, while any such revised rates revised Scale of Tolls, Fares, and Charges shall be in force.

ation as 3. Provided always, and be it enacted, That the to Railways, Option of Revision or Purchase shall not be applied to Options any Railway made or authorized to be made by any Act

previous to the present Session; and that no Branch or to Branches Extension of less than Five Miles in Length of any such sions of less Line of Railway shall be taken to be a new Railway than 5 miles. within the Provisions of this Act; and that the said

Option of Purchase shall not be exercised as regards any Branch or Extension of any Railway, without including such Railway in the Purchase, in case the Proprietors

thereof shall require that the same be so included. Polies of Ro- 4. And whereas it is expedient that the Policy of Rechase re-"vision or Purchase should in no manner be prejudged

on by the Provisions of this Act, but should remain for the of Parlia- future Consideration of the Legislature, upon Grounds

of general and national Policy: And whereas it is not the Intention of this Act that under the said Powers of Revision or Purchase, if called into Use, the public Resources should be employed to sustain an undue Competition against any independent Company or Companies; be it enacted, That no such Notice as hereinbefore mentioned", whether of Revision or Purchase,

apply :
not to apply

or Exten

vision or Pur

served for consideration

case.

*81.

og 1, 2.

revision and

Purchase not to be given

rized by

Intention to

shall be given until Provision shall have been made by Parliament, by an Act or Acts to be passed in that Notice for Behalf, for authorizing the Guarantee or the Levy of the Guarantee or Purchase Money herein-before mentioned, as the Case Pourcha may me, and for determining, subject to the Conditions till authoherein-before mentioned, the Manner in which the said Parliament: Options or either of them shall be exercised; and that no Bill for giving Powers to exercise the said Options, or either of them, shall be received in either House of Parliament unless it be recited in the Preamble to such and Notice of Bill that Three Months Notice of the Intention to apply apply to to Parliament for such Powers has been given by the Parliament. said Lords Commissioners to the Company or Companies to be affected thereby.

5....From and after the Commencement of the Period For such of Three Years next preceding the Period at which the counts to be Option of Revision or Purchase becomes available, full be and true Accounts shall be kept of all Sums of Money Inspection. received and paid on account of any Railway within the Provisions herein-before contained, (distinguishing, if the said Railway shall be a Branch Railway or one worked in common with other Railways, the Receipts, and giving an Estimate of the Expenses, on account of the said Railway, from those on account of the Trunk Line or other Railways,) by the Directors of the Company to whom such Railway belongs or by whom the same may be worked; and every such Railway Company Half yearly shall, once in every Half Year during the said Period of abstracts to Three Years, cause a half-yearly Account in Abstract to to periods be prepared, showing the total Receipt and Expenditure Treasury; on account of the said Railway for the Half Year ending the Thirtieth Day of June and the Thirty-first Day of December respectively, or such other convenient Days as shall in each Case be directed by the said Lords Commissioners, under distinct Heads of Receipt and Expenditure, with a Statement of the Balance of such Account, duly audited and certified under the Hands of Two or more Directors of the said Railway Company; and shall

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kept, and to

be prepared to periods prescribed by

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