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mission of unauthorized 0 acts.
such Penalties and Forfeitures, or otherwise to enforce the due Performance of the said Provisions, by such Means as any Person aggrieved by such Non-compliance, or otherwise authorized to sue for such Penalties,
might employ under the Provisions of the said Acts; For Com- and in case the Default of the Railway Company shall
od consist in the Commission of some Act or Acts un
authorized by Law, then the said Attorney General or Lord Advocate, upon receiving such Certificate as aforesaid, shall proceed by Suit in Equity, or such other legal Proceeding as the Nature of the Case may require, to obtain an Injunction or Order (which the Judge in Equity or other Judge to whom the Application is made shall be authorized and required to grant, if he shall be of opinion that the Act or Acts of the Railway Company complained of is or are not authorized by Law,) to restrain the Company from acting in such illegal Manner, or to give such other Relief as the
Nature of the Case may require. Notice to 18. Provided always, and be it enacted, That no such beforo issue Certificate as aforesaid shall be given by the Lords of
of the said Committee until Twenty-one Days after they
shall have given Notice to the Company against or in
relation to whom they shall intend to give such CertifiLimitations cate, of their Intention to give such Certificate; and
that no legal Proceedings shall be commenced under the Authority of the Lords of the said Committee against any Railway Company for any Offence against any of the several Acts relating to Railways or this Act, or any general Act relating to Railways, except upon such Certificate of the Lords of the said Committee as aforesaid, and within One Year after such Offence shall have been committed
19. And whereas many Railway Companies have
borrowed Money in a Manner unauthorized by their curities by Acts of Incorporation, or other Acts of Parliament re
lating to the said Companies, upon the Security of Loan Notes or other Instruments purporting to give a Secu
of Board of Trade's certificate:
mitteece shall bhereas m Manner Acts of ecurity
Loan Notes and other illegal Se
of such Loan
rity for the Repayment of the Principal Sums borrowed at certain Dates, and for the Payment of Interest thereon in the meantime: And whereas such Loan Notes or other Securities, issued otherwise than under the Provision of some Act or Acts of Parliament, have no legal Validity, and it is expedient that the Issue of such illegal Securities should be stopped; but such Loan Notes or other Securities having been issued and received in good Faith as between the Borrower and Lender, and for the most part for the lawful Purposes of the Undertaking, and in Ignorance of their legal Invalidity, it is expedient to confirm such as have been already issued; be it enacted, That from and after the Future issue passing of this Act, any Railway Company issuing any Notes or Loan Note or other negotiable or assignable Instrument Securities for purporting to bind the Company as a legal Security for than as Money advanced to the said Railway Company, other- by act, prowise than under the Provisions of some Act or Acts of bibited Parliament authorizing the said Railway Company to raise such Money and to issue such Security, shall, for under every such Offence, forfeit to Her Majesty a Sum equal" to the Sum for which such Loan Note or other Instrument purports to be such Security: Provided always, But Loan that any Company may renew ary such Loan Note or issued before other Instrument issued by them prior to the passing of 9 Aug. 1844, this Act, for any Period or Periods not exceeding Five renewed for Years from the passing of this Act.
20.... Where any Railway Company, before the Twelfth Loan Notes, day of July One thousand eight hundred and forty-four, before 12 shall have issued or contracted to issue any such Loan July 1844, Notes or other unauthorized Instruments, the Company when due. may and shall pay off such Loan Notes or other Instruments as the same may fall due, subject as herein-before provided; and until the same shall be so paid off, the said Loan Notes or other Instruments shall entitle the Holders thereof to the Payment by the Company of the Principal Sum and Interest thereby agreed to be paid.
21...A Register of all such Loan Notes or other In- Register of
178 from for any issued benew anty: Probiother Inequal
to be paid
&c., to be kept; and open to inspection.
as for Rent.
Loan Notes, struments shall be kept by the Secretary; and such
Register shall be open, without Fee or Reward, at all reasonable Times, to the Inspection of any Shareholder or Auditor of the Undertaking, and of every Person interested in any such Loan Note or other Instrument, desirous of inspecting the same,
22. And whereas the Remedies now in force for the Chargo on Recovery of Tithe Commutation Rent-charges are in Land; may, many Instances ineffectual for such Parts thereof as are by distraint charged upon Lands taken for the Purposes of a Rail
way, and it is therefore expedient to extend the said Remedies when the said Rent-charges may have been duly apportioned; be it enacted, That in all Cases in which any such Rent-charge, or Part of any Rentcharge, has been or hereafter shall be duly apportioned under the Provisions of the Acts for the Commutation of Tithes in England and Wales, upon Lands taken or purchased by any Railway Company for the Purposes of such Company, or upon any part of such Lands, it shall be lawful for every Person entitled to the said Rent-charge or Parts of such Rent-charge, in case the same has been or shall be in arrear and unpaid for the Space of Twenty-one Days next after any half-yearly Day fixed for the Payment thereof, to distrain for all Arrears of the said Rent-charge, upon the Goods, Chattels, and Effects of the said Company, whether on the Land charged therewith, or any other Lands, Premises, or Hereditaments of such Company, whether situated in the same Parish or elsewhere, and to dispose of the Distress when taken, and otherwise to demean himself in relation thereto, as any Landlord may for Arrears of Rent reserved on a Lease for Years: Provided always, that nothing herein contained shall give or be construed to give a legal Right to such Rent-charge, when but for this Act such Rent-charge was not or could not be duly
apportioned. Notices and 23....All Notices, Requisitions, Orders, Regulations, Comuto nina Appointments, Certificates, certified Copies, and other
of Trade, and Service, &c.,
Documents in Writing, signed by some Officer appointed from Board for that Purpose by the Lords of the said Committee, se shall for the Purposes of this Act be deemed to have of same; been made by the Lords of the said Committeea; and all Certificates of anything done by the Lords of the said Committee in relation to this Act, and certified Copies of the Minutes of Proceedings or Correspondence of the Lords of the said Committee in relation thereto, signed by such Officer, shall be deemed sufficient Evidence thereof, 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 on Service of the same at one of the Principal Offices of Company. 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; and all Notices, Returns, and Service of other Documents required by this Act to be given to or on Board of laid before the Lords of the said Committee, shall be Trade. delivered at or sent by Post addressed to the Office of the Lords of the said Committee.
24....All Penalties under this Act for the Application Recovery and of which no special Provision is made, shall be recovered Penalties. in the Name and for the Use of Her Majesty, and may be recovered in any of Her Majesty's Courts of Record, or in the Court of Session or in any of the Sheriff Courts in Scotland.
25.... Where the Word “ Railway” is used in this Act, Interpreta. it shall be construed to extend to Railways constructed "Railway.” under the Powers of any Act of Parliament; and when the Words “ Passenger Railway" are used in this Act, "Passenger they shall be construed to extend to Railways, constructed under the Powers of any Act of Parliament, upon which One Third or more of the gross annual Revenue is derived from the Conveyance of Passengers by Steam or other mechanical Power; and whenever
* Subsequent provision in act of 1851; $ 3 of 14 & 15 Vic. c. 64, (XIII. 3).
" Company." the Word “Company" is used in this Act, it shall be
construed to extend to include the Proprietors for the Time being of any such Railway; and where a different Sense is not expressly declared, or does not appear by the context, every Word importing the Singular Number or the Masculine Gender shall be taken to include Females as well as Males, and several Persons and Things as well as one Person or Thing.
VI.—COMPANIES CLAUSES ACT, 1845.
8 Vict. Cap. 16. An Act for consolidating in One Act certain Provisions
usually inserted in Acts with respect to the Constitution of Companies incorporated for carrying on Undertakings of a public Nature.
[8th May, 1845.]
WHEREAS it is expedient to comprise in One General Act sundry Provisions, relating to the Constitution and Management of Joint Stock Companies, usually introduced into Acts of Parliament authorizing the Execution of Undertakings of a public Nature by such Companies, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions them
selves: May it therefore please Your Majesty that it Act to apply may be enacted, and be it enacted"....That this Act shall panies in- apply to every Joint Stock Company which shall by
to all Com.
See note * in p. 1.