ARBITRATORS: continued.

Appointment of Arbitrator by Board of Works, under Irish Railway or

Duties and proceedings of Arbitrator under Irish Act (see under
Lands, Ireland, )

.

XX. 5

xx. 8

xx. 8, 9 et seq.

In case of vacancy, another Arbitrator to be appointed, or remaining
Arbitrator to proceed ex parte,
vi. 129, xix. 26, xx. 5, vii. 127
And where one of the two refuses or neglects to act, the other may
proceed ex parte,
vi. 129, vii. 131, xix. 30
Provision in case of death or incapacity of Arbitrator, where only one is
appointed,
Appointment of Umpire by Arbitrators, before they enter on matters of
arbitration,

Provision for supplying vacancy,

vii. 180, xix. 29, xx. 5

vi 130, vii. 128, xix. 27
vi 130, vii. 128, xix. 27

If Arbitrators fail to appoint Umpire, Board of Trade may appoint, in
case of Railway Companies,

Or two Justices in other cases; under Lands Clauses Act,

vi. 131, xix. 28

xix. 28

vii. 132, xix. 31

If Arbitrators fail to make award within 21 days, or within extended
time which they may fix, Umpire to decide,
Arbitrators or Umpire may call for Documents, and examine parties
and witnesses on Oath,
vi. 182, vii. 133, xix. 32, xx. 6

Declaration to be made by Arbitrators and Umpire, vii. 134, xix. 33, xx. 7
Penalty for violating declaration; misdemeanor, vii. 134, xix. 33, xx. 7
Decision of Arbitrator where only one appointed, and of Umpire in other
cases, final,
vi. 128, 130, 131, vii. 127, 128, xix 25, 27, 28, xx. 9
Submission to Arbitration may be made a Rule of Court, on application

Prosecutions by, to enforce provisions of Railway Acts, under Certificate
of Board of Trade, (see Board of Trade),

AUDITORS:
Appointment of not less than two, by Shareholders, at first Ordinary
General Meeting (see Meetings of Company),

Rotation of; one to go out of office each year, but re-eligible,

Annual Election of one at first meeting in each year, in like manner
as Directors (see Directors),

Vacancies to be filled up at any General Meeting of Shareholders,
Failure of Meeting at which Auditors ought to be appointed,
Qualification of Auditors; to hold at least one Share, where no other

Not to hold any other office in Company or be interested in its con-

Remuneration of, to be fixed in General Meeting (see Meetings),
Accounts and Balance Sheet to be delivered half-yearly to Auditors

vi. 91

fourteen days before Ordinary General Meeting, .

vi. 106

To be examined by Auditors,

vi. 107

Auditors may employ Accountants, &c., at expense of Company,

And confirm or report on the Accounts,

Report or Confirmation, with Report of Directors, to be read at
Ordinary Meeting, .

AUGMENTATION of Capital by creating new Shares instead of borrowing,

(see Borrowing Powers, Shares, &c.,).

AUTHENTICATION:

Of Certificates of Shares, ..

Of Register of Shareholders,

Of Transmission of Shares by other means than transfer,
(See under respective heads).

vi. 56 et seq.

vi. 11

vi. 9

vi. 18, 19

Of Notices and other Documents by Company (see Notices, &c.): -may
be signed by two Directors, or Treasurer, or Secretary, and not
under Seal,

Form, authentication, and service of Regulations, Certificates, Notices,
&c., issued by Board of Trade; and evidence of same, (see
Board of Trade, Evidence),

vi. 139

iii. 20, iv. 19, v. 23, vii. 67, xiii. 3, xxv. 1 et seq., xxvi. 9 et seq.

Service of Notices, &c., see under Notices, Service.
AWARD: see Arbitration, and under Lands, Ireland, &c.
BALANCE SHEET: see Accounts.

"BANK: "

vii. 3. xix. 3

Means Bank of England and Bank of Ireland respectively,
Money paid into Bank of Ireland exempt from Usher's Poundage, vii, 161, xx. 19
Deposit in, by subscribers to Public Works, of money required by Stand-

Of Compensation for release of Lands from Rent-charges,
See under Lands, &c.

BANK NOTES or Bills, &c., carriage of: see Losses.

BANKRUPTCY:

xxiv. 2 et seq.

xix. 85 et seq.

xx. 19, 22 et seq.

xix. 9, 69 et seq.
xix. 107

xix. 109, 111, 113

In case of Bankruptcy or Insolvency of persons indebted to the Com-
pany, Secretary or Treasurer may represent Company and act for
them,

Proof of title to shares, in case of Bankruptcy, &c., of Shareholder; (see
Transmission),

xix. 117

vi. 140

vi. 18-20

Of Railway Companies, and dissolution, xxxiii. 15, 23, 27-29, xxxv. 30 et seq.
BILLS or Bank Notes, &c., carriage of; see Losses.

BOARD OF TRADE:

Powers of, in 1846, in regard to Railways, transferred to Commissioners

of Railways, (see Commissioners), by Act of 1846, xxxii. 1, 2, 9; Act
of 1846 repealed by Act of 1851, and powers of Commissioners of
Railways, transferred to Board of Trade,
xiii. 1
Inspection: Power to Board of Trade to appoint Inspectors of Railways, iii. 5
Power to Inspectors to enter and examine Railways, Works, &c., iii. 5, v. 15
Penalty for obstructing Inspectors, £10, or imprisonment for three
months,

Directors and Officers of a Railway not eligible as Inspectors within
a year after holding previous appointment, iii. 5; Provision re-
pealed; but such Person appointed Inspector, not to interfere in
affairs of the Company,

iii. 6

V. 15

Enforcement of provisions of Railway Acts, iii, 11, 12: repealed and other
provision made,
v. 16, 17

[BOARD OF TRADE,-continued.

BOARD OF TRADE: continued.

Whenever a Company does not comply with Railway Acts, or acts in
unauthorized manner, or exceeds its powers, Board of Trade may
certify same to Law Officers,

v. 17

.

v. 17

v. 18

And Law Officers thereupon to proceed against the Company; mode
of proceeding for unauthorized acts or default respectively,
But no such Certificate to be given by Board of Trade till 21 days
after notice to Company,

And no proceedings to be commenced under authority of Board of
Trade, except upon such Certificate, nor after one year from com-
mission of offence,

v. 18

Similar proceedings against Companies by Attorney-General, &e, on
Certificate of Board of Trade, for not affording reasonable facilities
for receiving and forwarding traffic, under Cardwell Act, (see Traffic), xv. 3, 6
May decide disputes as to working Traffic of Railway, having common
terminus or rails, for different Companies,

Powers of, in regard to opening of Railways (see Opening),

iv. 11

iii. 1, 2. iv. 3--6

In regard to Cheap Trains (see under Parliamentary Trains),
In appointment of Umpires in certain cases (see under Arbitrators),

vi. 181, vii. 129, xix. 28

In regard to private Branch Railways or openings into Railways for
private use (see under Branch Railways),
iii. 18, 19, iv. 12, vii. 76
In regard to Construction of Works; may authorize variations or
decide disputes in certain cases (see under respective heads, as
Bridges, Deviations, Works, &c.),

vii. 14, 66

In case of Railways, where guage illegally constructed or altered, (see
Guage),

x. 7

May decide on alterations in levels of Railway,.
May empower Company to substitute Bridges or Archways in lieu of
dangerous level crossings,

vii. 12

iv. 13

May order gates at level crossings to be kept closed across Railway in-
stead of across public road, (see Crossings, &c.),

May modify construction of Roads, Bridges, and other Works,
May require Company to allow Electric Telegraph to be erected along
the line of Railway, (see Telegraph), .

May require Railway Company to construct Screens at public Roads,
(see Screens),

May revive compulsory powers of taking Lands in certain cases where
necessary for public safety, (see Lands),
Bye-Laws of Companies; subject to sanction or disallowance by Board
of Trade (see Bye-Laws),.
Accidents attended with serious personal injury, to be reported to,
And Board of Trade may call for returns of accidents, whether at-
tended with personal injury or not, (see under Accidents),
In case of accidents to Works, or Slips in cuttings, embankments, &c.,
Board of Trade may empower Railway Company to enter adjoining
Lands to repair or prevent same,

And in case of necessity, Company may enter on the Lands and do the
necessary works without waiting for sanction of Board of Trade, iv. 14
But in the latter case to report, within 48 hours, to Board of Trade;
and power of entry to cease, in case the Board of Trade certify the
works to be unnecessary for safety,
Proviso for the works being as little injurious as possible to adjoining
lands, and for compensation,

iv. 15

iii. 7-9
iv. 7

[BOARD OF TRADE,-continued.

BOARD OF TRADE: continued.

Returns: Board of Trade may require returns, in form prescribed by
them, of Traffic, Accidents, Fares, and Tolls,

iii. 3

iii. 3

iii. 3

iii.

But only returns from all Railway Companies alike, except upon
special reason for exempting any particular Company,.
Penalty for not making returns, £20 a day,

And false Return, a Misdemeanor,

Notices, Requisitions, Certificates, &c., from Board of Trade; form and
mode of service upon Companies, iii. 20, iv. 19, v. 23, vii. 67, xiii. 3
Authentication and evidence of Notices and documents issued by
Board of Trade; (see Evidence), vii. 67, xiii. 3, xxv. 1 et seq., xxvi. 9 et seq.
Service of sate upon Companies, by post, addressed to Secretary, vii. 67
Service of Notices, Returns, &c., for Board of Trade; by post, or by
delivery at Office of Board of Trade,
iii. 20, iv. 19, v. 23, vii. 67

BOARD of Woods, and Forests, &c., in England, (see Commissioners of
Woods and Forests),

BOARD OF WORKS in Ireland:

Provisions as to, in Irish Railways Act, (see Lands, Ireland),
Deposit of Plans and Estimates, &c., with,

Appointment of Arbitrator by, (see under Arbitrators),
Deposit of draft award and final award with,

xi. 7 note, p. 210

Certificate by, of expenses of Arbitration, &c. ; to be paid by Company, xx. 12
Powers of, as Drainage Commissioners, in reference to Drainage of Land
crossed by Railway, and Protection of Navigation in Ireland, (see
under Drainage),

BONDS and Securities of Railway Companies: (see Borrowing Powers, &c.)
Forms of Bonds: Mortgage or Debenture,

Bond to be given by Company before entry on Lands (see Lands), vii. 39, xix. 85
Bond to be given by Company to Postmaster-General (see Mails),
Bond to be given for Passenger Duty (see Passenger Tax),
BOOKKEEPER: appointment and duties of (see Accounts),
BOOKS OF REFERENCE:

Certified copies of, to be evidence, (and see Evidence),
Correction of omissions or errors in, (see Plans, Deposits, &c.,)
BORROWING POWERS:

Provisions in act of 1844 as to illegal issue of Loan Notes, &c., before the
passing of that act, (see Loan Notes),
Provisions in Companies Clauses Act of 1845 as to borrowing of Money
on Mortgage or Bond,

Where Company authorized to borrow money, they may borrow amounts

to be authorized by General Meeting,

But not to exceed sum allowed by special act,

Company may re-borrow moneys paid off from time to time,.
But not without authority of General Meeting, except to pay off exist
ing Mortgages or Bonds,

vi. 39

.

vi. 39

[BORROWING POWERS,—continued.

Forms of Mortgage or Debenture, and of Money Bond,
Evidence of proportion of Capital paid up, and of authority to bor-

row: Certificate of a Magistrate, &c.,

BORROWING POWERS: continued

Mortgagees entitled to proportions of property, according to amounts of
Mortgages, without priority or preference, .

Bond holders entitled proportionally, according to amounts of Bonds,
without priority or preference,

Mortgages not to preclude Company from applying Calls (see Calle,) to
purposes for which the latter were made,
Register of Mortgages and Bonds to be kept,

Form of Register,

vi. 42

.

vi. 44

vi. 43

vi. 45

p. 396-7

Mortgages and Bonds to be entered therein, within 14 days after date,
Register to be open to inspection to Shareholders, Creditors, and
Persons interested in the Bonds,

Holders of Mortgages or Bonds may transfer same,

By deed; stamp; consideration,

Form of Deed of Transfer of Mortgages or Bonds,

Transfers to be produced to Company within 30 days after date or after

arrival in United Kingdom,

And to be registered in same manner as original Bond,

And after registry, Transferee entitled to benefit of Bond, which can-

not be released or avoided by Transferor,

vi. 47

Interest on Moneys so borrowed, to be paid at appointed periods,

Repayment of Money borrowed; Time and Place of payment,

vi. 50

If no time for repayment be named, payment (after expiration of 12
months) may be demanded on 6 months' notice,

Appointment of Receiver, in certain cases, where interest is in arrear for
30 days,

vi. 53

vi. 53

Or where principal is overdue for 6 months,
Without prejudice to right of Mortgagee to sue at Law or in Equity, vi. 53
Mode of appointment of Receiver; by two Justices,

Powers of Receiver,

Accounts of Company to be open to inspection by Mortgagees and Bond
holders, .

Conversion of borrowed, money into Capital, or creation of new Shares
instead of borrowing,

vi. 56 et seq.

Money authorized to be borrowed, or part of same, may be raised by
creation of new Shares, instead of borrowing,

vi. 56

vi. 56

But with previous authority of a General Meeting of the Company,.
Such new Shares to be subject to same provisions as original Share
Capital,

vi. 57

Except as to Calls, which may be regulated by Company,

vi. 57

If original Shares at premium, the new Shares to be offered proportion-
ally to Shareholders, .

If old Shares not at premium, new Shares to be issued as Company may