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iv. 12

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c., for use of such Brain:

BRANCH Railways, or Private Lines :
Provisions in special acts empowering Justices to decide disputes as to

proper places for openings for communication with adjoining lands,

at cost of owner or occupier, repealed, . . . . . iii, 13
In case of disagreement, to be left to Board of Trade, who are to hear

and decide ; and their determination binding, . . . . iii, 19
Powers of making a private or branch communication with or across a Pas-

senger Railway, and of running carriages, &c., thereon, to be sub-

ject to regulation by Board of Trade, . . . iv. 12, vii. 76
What to be considered a Passenger Railway: not where two-thirds of

revenue is derived from mineral traffic, . .
Company may be required to make such opening and communication, at

cost of parties requiring it, in certain cases,
But Company not to take Tolls, &c., for use of such Branch, , . vii. 76
And such Branch not to run parallel to Railway. .
Company not bound to make openings for Branch at places set apart

for other specified purposes. . . . . . . . vii, 76
Persons making or using such Branch Railways to conform to Bye-

Laws of Company, and to make and maintain proper Plates and

Switches, . . . . . . . . . . . vii, 76
BRICK-FIELDS :

Not to be taken by Company for obtaining or depositing materials, &c., vii, 142
BRIDGES:
Arches, Viaducts, Tunnels, to be marked on deposited plans (see Plans,
Works, &c.), .. nir

vii. 13
Over lands, roads, &c.; may be made as described in deposited plans, . vii. 16

e described in deposited plans, , vii. 16
Construction of, , ,

vii. 46 et seq.
Crossing of Roads (see Crossings.) by Railway ; Bridges and Ap-
proaches, . . .

vii. 46
Regulations for construction of Bridges over roads : Width and Height
of Arch, Descent, &c., .

. .

. vii. 49
Over Railway : Roads may be carried over Railway by means of, in lieu

of Dangerous Level Crossings, with sanction of Board of Trade, . iv. 18
Regulations for construction; Fences, Width, Ascent, . . . vii. 50
Width of Bridges need not exceed existing road in certain cases, vii. 51
And existing inclinations of roads crossed or diverted need not be altered
in cases specified, .

. . . . vii, 52
Power to Board of Trade to vary construction of, in certain cases, . vii. 66
Bridges, &c., for accommodation of Lands adjoining Railway, (see Accom-
modation Works), . . . . .

.

. vu. 68
BRIDLE-WAYS: see Crossings, Roads, &c.
BUILDING : parties not required to sell part of a, if able to sell the whole,

(see under Lands, &c.,) . . . . . . . xix. 92
BYE-LAWS; Orders, Rules, or Regulations :
Approval of, by Justices; repealed, . .

. iii, jo
Bye-Laws of Companies not to be repugnant to Post Office Acts, or else
void (see under Mails), .

n .
a
:
.

i. 11
Bye-Laws of Railway Companies to be laid before Board of Trade within

two months after making of same,
Not to take effect till two months after being laid before Board of Trade,
unless sooner approved by Board,

(BYE-LAWS,-continued.

iii. 8

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BYE-LAWS : continued.

If not so laid before Board of Trade, to be of no effect, .
Board of Trade may disallow Bye-Laws, and after notification of disallow :
ance, such Bye-Laws to be of no effect, . .

iii. 9
Persons making or using private Branch lines in connection with Rail.

way (see Branch Railways), to conform to Bye-Laws of Com-
pany, &c., ,

. . . vii. 76
Provisions as to making of Bye-Laws in Companies Clauses Act, vi. 124 et seq.
Power to Company to make Bye-Laws for its officers and servants, and
management of its affairs, .

. vi, 124
And to alter same from time to time,

. vi, 124
But not to be repugnant to statutes,

. vi. 124
To be in writing and under Seal of Company,

. vi, 124
And to be given to every officer and servant affected,

. vi. 124
Written or printed Copy of Bye-Laws under Seal, to be evidence, vi. 127
Penalties may be imposed upon officers and servants of Company for

offending against Bye-Laws, . . . . . . . vi. 125
And penalties, how to be regulated,

. vi. 126
Provisions as to Bye-Laws for regulating the use of Railway, in Railways

Clauses Act, . . . . . . . . vii. 108 et se
Purposes for which regulations may be made: Speed; Time Table;

Loading, &c. ; Receipt and Delivery of Goods ; Smoking and other

Nuisances; and generally for regulation of Railway, . . vii. 108
But not to close Railway or stop traffic, . . . . . vii. 108

Except for repair of Works, &c., . . . . . vii. 108
Power to make Bye-Laws, to be subject to laws in force, . . vii. 109

Offences against Regulations, &c.; Penalties and procedure, vii. 109
Publication of Bye-Laws, by Boards at Stations, &c.,

vii. 110
Bye-Laws so published, binding on all parties; proof of publication, vii, 111
But Penalties not recoverable, unless so published,

vii. 110
CALLS:
Provisions with respect to the payment of Subscriptions and the Means of
enforcing payment of Calls, .

. . . . vi. 21 et seq.
Provision for recovery of Calls from Shareholders residing in Scot-

. . . . vi. 27, 30, 164 and notes
Company may make Calls from time to time,

. vi. 22
Notice of Call, 21 days; and limitation of amounts and intervals, vi. 22
Subscriptions or Calls to be paid at time and place named by Company, vi. 21
By Subscribers or their representatives; and “Shareholder" to in-
clude representatives,

. . . . . . . vi. 21
Interest to be paid by Shareholders on Calls overdue or in arrear, vi. 23
Company may receive payments in advance of Calls, . .

vi. 24
Interest may be paid to Shareholders on payments in advance of
Calls, . .

:..

.
Calls may be enforced, with interest, by action or suit, .

. vi. 24

. . vi. 25, 164
Form of Declaration in action or suit for Calls, . . . . . vi. 26
Matters required to be proved in such action or suit, and matters that

need not be proved, . : : : . ..... • • vi. 27
Register of Shareholders, prima facie evidence of liability.

vi. 28
Action or suit not to prevent forfeiture of Shares, if Call and interest
remain unpaid for 2 months, (see further, under Forfeiture.)

Mewure,

vi. 29
Company may borrow on mortgage of undertaking and Calls, . . vi. 38
But mortgages not to preclude Company from applying Calls to pur-

poses for which made, (see Borrowing Powers), . .

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CALLS: continued.
No Shareholder entitled to dividends in respect of Shares on which Calls

are due, until all Calls thereon be paid up, (see Dividends), . . vi, 123
In case of transfer of Shares, vendor liable for Calls, until registry of
transfer, . .

. . . . . . . . vi, 15
And payment of to be made before transfer of Shares can be made, (see

Transfer,) . . . . . . . . . . vi, 16
CANALS:
Consent of proprietors of, to alteration of levels of Railway, in certain

cases, . . . . . . . . . . vii, 11, 12
Facilities for receiving, forwarding, and delivering of traffic upon, to be
afforded without favour or partiality, . . .

15.2
Proceedings against Company for non-compliance, (see further, under
Traffic,) . . . . . . . . . .

:
Act of 1845 enabling Canal Companies to become Carriers..

*
Act of 1858 restraining leasing powers of Canal Companies which are

also Railway Companies, . . . . . . . . xvi. 3
Powers of Act not to be applicable until approved by Proprietors or Meet-

ing of Shareholders, nor until after notice in Gazette, &c., . vii, 12
Canal Companies, with consent of shareholders or proprietors, may carry

goods on their Canals, or Railways, or Tramways, belonging thereto,

or communicating therewith, . . . . . . viii, 1, 12
And may provide Boats, Carriages, and moving power, &c., . . viii. 1
And collect, warehouse, and deliver goods, &c., and charge for same in
addition to Tolls, .

viii. 1
Company acting as Carriers on Canals of other Companies, to be subject
to bye-laws which the latter may make, . .

viii. 2
Canal Companies may provide Boats and power for hauling Vessels of
other parties, . . . . . .

viii, 3

. . .
And charge for same by agreement,

. . viii. 3
Tolls and Charges to be at like rates for all parties equally, and without
favour or preference, (see under Traffic), .

. viii, 3
Canal and Navigation Companies may sue and be sued, and prosecute for
offences, &c., , . . . . .

viii. 5
And answerable for losses or damage, &c., .

viii, 5
Description of property in indictments,. .

. . viii. 5
Provisions and protections relating to Common Carriers, to apply to

such Companies, . . . . . . . . . viii. 6
Liability for loss or injury to goods, &c., (see under Carriers), . . xv. 7
Companies empowered to enter into agreements with other Canal Com-

panies, for working arrangements over Canals and Railways or

Tramways connected therewith, . . . . . . viii, 7
Companies empowered to lease the Tolls, &c., of their Canals or Naviga-

tions and Railways or Tramways, connected therewith, . viii. 8, 12
But Canal Companies which are also Railway Companies, not to take

a lease of other Companies' Canals unless specifically named and
authorized by Act of Parliament, . .

. . . xvi. 3
Conditions of leasing power, . . .

viii. 8, 12
Lessees to be collectors of Tolls during continuance of lease, . . viii. 9
Lessee making default, not paying rent for 21 days, or breaking lease,

may be removed on application to a Justice and possession resumed, viii. 10
And lease may be determined for default,

viii. 11
Power to re-let Tolls, &c., in such case,

. viii. 11
Act not to exempt Canal or Navigation Companies from any general
Act, . . . . . . .

. . . viii, 13

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. viii. 5

CAPITAL:
Distribution of, into Shares ( see Shares), . .

vi. 6-13
To be fully subscribed before compulsory powers of purchasing Lands
are put in force, (see Lands), .

. . xix. 16, 17
Conversion of borrowed Money (see Borrowing Powers,) into Capital, or
creation of new Shares instead of borrowing, .

. vi. 56 et seq.
Power of augmentation of, to be exercised only at General Meeting of
Company, (see Mectings of Company), . .

. . . vi, 91
Application of Moneys raised by Company, by Subscription, Shares,

Loan, de.. to payment for Act and to purposes of Company, . vi. 65
No dividend to be declared whereby Capital would be reduced, . . vi. 121

And see Calls, Dividends, Stock, &c.
CARRIAGES, ENGINES, AND WAGGONS :

Carriages, Carts, &c., for Post Office or Mail Service; see under Mails.
Limitation of Weight of Carriages and Waggons, with their Loads, to
Four Tons; repealed, .

. iv, 16
Carriages and Waggons weighing, with their loads, more than Four

Tons may be used on Railways, subject to future provisions, . iv. 16
Provisions as to Engines (see Engines) and Carriages that may be brought

on Railway (see Trafie), . . . . . . vii, 111 et seq.
Regulations to be made by Railway Company in writing and under Seal

as to Carriages to be used on Railway by themselves and other Com-
panies using the line, . . .

. . . vii, 118
Carriages to be of construction and in condition conformable to regu-
lations of Company, . .

vii. 117
Disputes between Company and owners of Carriages, to be deter-

mined by Arbitration, . . . . . . . vii. 117
Penalty for using Carriages not conformable to regulations, . vii. 119
Name of owner, weight, number, and guage of Carriages, to be entered
with the Company, . . . . .

: :
. . . . . vii.

vii. 120
And if required, to be painted on the Carriages, .

vii. 120
Owner failing to comply with these requirements, Company may re-

fuse to allow the Carriages on the Railway and may remove same, vii. 121
Carriages improperly loaded, or otherwise dangerous or obstrueting

the Railway, may be unloaded, removed, or detained by Company, vii. 122
Company not liable for damage by such unloading, &c., . vii. 123

Except for wilful damage, negligence, or wrongful detention, . vii. 123
Owners of Engines and Carriages using the Railway, liable for Trespass

or damage done by them, or by their servants; Penalty, . vii. 124
Owners may recover from servants, .

viii. 125
Carriage Accommodation for Troops, &c. (see Troops), . . . v. 12
Por Cheap Train Passengers (see Parliamentary Trains), .

v, 6
CARRIERS:
Carriers Act, 1830 ; for Protection of Mail Contractors, Stage Coach Pro-

prietors, and other Common Carriers, against Loss or Injury of

Goods, the value of which is not declared to them, . . . xvii.
Liabilities of Railway and Canal Companies (see Canals, Traffic.) under

this Act, not affected by Cardwell Act of 1854, . . . . xv. 7
Companies, Carriers, &c., not liable for Injury or Loss of valuable Goods,

above the value of £10, unless their nature and value declared, and

increased charge paid and accepted accordingly, . . xvii, 1, 5
Public notice to be given of increased rates of charge which may be

made for the greater risk and care to be taken in such cases, xvii. 2, 5
Form of Sotice, . . . . . . . ...

(CARRIERS, continued.

page 898

CARRIERS : continued.

And parties bound by such notice published in manner directed,
without special proof of same, . .

. . . xvii. 2, 5
Companies or Carriers to give receipts, if required, for goods so received

and paid for, acknowledging insurance thereof by increased rate,. xvii. 3
In case of not publishing such notice, or not giving such receipt when

required, Carrier not entitled to the benefit of these provisions, . xvii, 3
But publication of Notices, &c., not to limit or affect liability of Car.

riers, &c., in respect of goods generally, . . . . . xvii. 4
Special Contracts not affected, . .

. . xvii. 6
Mode of suing,. .

. xvii. 5
Carriers, &c., not concluded by value declared; but may require proof

of value; and liable only to damages proved, . . . . xvii. 9
But parties recovering damages for loss or injury, entitled to recover
also the extra charges previously paid, ..

. . xvii. 7
Money may be paid into Court in Actions against Carriers, &c. for loss
or injury of goods, ,

. . . . . . xvii, 10
Nothing in the Act, to protect felonious acts by servants of Carriers, &c., xvii, 8
Provisions in Act of 1854: Railway and Canal Companies liable for

Loss or Injury of animals or things, occasioned by neglect or
default of Company or its Servants, notwithstanding notices, &c.
of Company, . .

. . . . . . . xv. 7
But amount of liability for such animals and things limited to rates

specified, unless greater value declared and extra payment made, . xv. 7
Notices, &c. at variance with act, void,

. XV. 7
Rates of extra payment to be publicly notified in manner provided, . xv. 7
Form of Notice, . . ..

page 399
Proof of value and loss to lie on party claiming compensation, . . xv. 7
Saving of provisions of Carriers Act,

'

' '
No special contro at hinding unlee'e sinne
contract binding, unless signed, . .

. . xv. 7
Act of 1845 enabling Canal Companies to become Carriers (see under

Canals, dc.), . . . . . . . . . . vmi.
CARRYING of Passengers and Goods on Railway and Tolls to be taken
thereon ; provisions as to,

vii. 86 et seq. xv, 2 et seq.
See Carriers, Tolls, Traffic, &c.
CASTING VOTE, (seo Chairman, Meetings), . . . . . vi. 76, 92, 96
CATTLE:
Liability of Company for loss or injury of; but not to exceed certain rates,

unless value declared and paid for, (see under Carriers), . xv. 7
CERTIFICATES:
Certificates of Shares to be issued on demand of Shareholder.

vi. Il
Under Seal, and in Form prescribed, . .

. 11, (A), p. 117
Fee for Share Certificate,

. . vi, 11
Share Certificate to be evidence of proprietorship, .
But want of Certificate not to prevent holder of Share from dispos.

ing of same (see Shares, Transfer, &c.), . . . . . vi. 12
Share Certificate worn out or damaged, may, on production at Meet-

ing of Directors, be cancelled, and another issued to present
holder, . .

. vi. 13
Or if lost or destroyed, another may be issued, on proof of loss to
satisfaction of Directors, .

. . . . . . vi. 13

(CERTIFICATES,-continued,

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