DISABILITY: Purchase of Lands from Parties under; and application of
Compensation, (see under Lands, &c.,)

DISPUTES:

xix. 7-9, 14, 69 et seq.

Respecting Animals or Goods, &c., lost or injured in carriage (see under

Carriers),

Between connecting Railways,

Settlement of Disputed Compensation for Lands, &c.,

Mode of proceeding before Justices,

Mode of proceeding by Arbitration,

Mode of proceeding before a Jury, .

xv. 7, xvii. 1, 2
iv. 11, xv. 3-6 ·
xix. 21 et seq.

Mode of proceeding where Owners are not to be found,
Compensation in respect of Lands injuriously affected by Works,
Settlement of, in respect of Lands in Ireland (see Lands, Ireland),
DISSOLUTION of Railway Companies :

xix, 58 et seq.

xix. 68

xx. 4 et seq.

Act of 1846 to facilitate, in certain cases,
Applicable only to Railway Companies formed before 28 Aug 1846,
but which had not then obtained an Act,

xxxiii.

xxxiii. 1 note

Act of 1850 to facilitate dissolution of Railway Companies and abandon-
ment of Railways, in certain cases,
Applicable to Companies having an Act before 14 Aug. 1850, and to
Companies whose lines had not been completed within time limited,
(see Extension of Time),

DISTANCE POSTS:

Xxxv. 1 note

Railway to be measured, and Milestones or Distance Posts to be set up at
quarters of miles,

No Tolls or Fares to be taken while Distance Posts or Toll Boards (see
Tolls) are not set up,
DISTRESS: see under respective heads, as under Damages, Penalties, &c.
DISTRIBUTION of capital into shares (see Capital, Shares),
DIVIDENDS:

Provisions as to making and payment of,

vi. 6-13

vi. 120 et seq.

Priority of Bond Debts and Interest, which are to be paid in prefer-
ence to Dividend,

Dividends to be declared only at general meeting of Company,
Declaration of dividend although there may not be a quorum at
general meeting (see Meetings of Company),
Previously to declaration of dividend, a statement of profits and proposed
distribution, to be prepared and exhibited by the Directors at
general meeting,

And dividend may be declared according to same,

No dividend to be made whereby capital would be reduced,

But this not to apply to a return of any portion of Capital Stock, with
consent of Mortgagees and Bond Creditors at special meeting for
the purpose,

Before apportioning profits to dividend, Directors may set aside a sum
for contingencies, repairs, &c.; and apportion balance,
Where Calls on any Shares are unpaid, dividend not to be paid until all
calls due thereon be paid,

DIVIDENDS: continued.

Payment of, in case of Joint Proprietors of Shares, (see Joint Proprietors), vi. 20
Limitation of Profits or Dividends of Railways:-Power to Treasury to

revise Scale of Tolls and fix new Scale, in cases where the profits

upon an average of 3 years exceed 10 per cent., after 21 years from
passing of the Company's Act,

v. 1
v. 2-4

vi. 3

Option to Treasury to purchase the Railway in certain cases,
Such powers not to apply to Railways made or authorized before 1844;
nor to Branches in certain cases,

(See further, under Treasury).

DOCUMENTS: Evidence of, (see Evidence, and under respective heads,
as Certificates, Register, &c.),

Drainage Commissioners;-Commissioners of Public Works, or Board
of Works, in Ireland,

p. 137 note

Provisions as to Drainage of Land in Ireland, and protection of Naviga-
tions,

vii. 25 et seq.

Railway Companies in Ireland to submit to Drainage Commissioners,
Plans, &c., of Railway works about to be executed,
Drainage Commissioners to investigate and certify as to works neces-
sary for drainage,

Drainage Commissioners may make summary application to Court of
Chancery to enforce execution of such works, in case of non-com-
pliance of Company,

Saving of powers of Drainage Commissioners,

Drainage of lands adjoining railway (see Accommodation Works),

vii. 27

vii. 28

vii. 16, 68

DRUNKENNESS or other Misconduct of Company's officers and servants

while employed on Railway; penalties and procedure, iii. 13, 14; iv. 17, 18

DUBLIN GAZETTE; see Gazette.

DUTY on Passenger Traffic; see Passenger Tax, Parliamentary Trains.
ELECTRIC TELEGRAPHS: see Telegraph.

EMBANKMENTS, &c.; making of, and deviations from Plans and Sections

Provisions as to Engines and Carriages that may be brought on the

Locomotive Engines to consume their own smoke, under penalty of £5
a day,

vii. 114

Engines for use on the Railway, by Railway Company or other parties
using the line, to be subject to approval of Company,

And certificate of approval to be given by them before they are
used,

vii. 115

Damaged or unfit Engines to be removed, and not again used until cer-
tificate of approval be given by Company,

vii. 115

Arbitration in case of dispute as to fitness,

vii. 115

Penalty for persons bringing or using unfit or uncertified Engines on

the Railway,

vii. 116

[ENGINES, continued.

ENGINES: continued.

Owners of Engines and Carriages using the Railway, liable for trespass or
damage done by them, or by their servants; Penalties,

Owners may recover from servants,

See Carriages.

ENGRAVINGS, &c., carriage of; see Losses.

ENTRY on Lands, &c.:

Provision as to Entry upon Lands, &c., to be taken by Company for con-
struction of Railway, &c. .

vii. 124
vii. 125

xix 84 et seq.

Payment of Purchase money to be made before entry; except for survey,
&c., after notice,

xix. 84

Penalty on Company for entering Lands without consent, before pay-
ment of purchase money,

xix. 89

But Company may enter on Lands before Purchase, on making deposit
in Bank, as security, and giving Bond,
Power to Company to take temporary occupation or use of lands, during
construction of Accommodation Works, &c.

(See under Lands.)

xix. 85

vii. 32 et seq.

Power of entry on adjoining Lands, for repair or prevention of accidents
or slips on Railway works, cuttings, embankments, &c., with or
without sanction of Board of Trade (see under Accidents),

iv. 14

vii. 7, 15

ERRORS: Correction of, in Plans and Books of Reference,
ESTIMATE of Value of Lands to be purchased in Ireland, to be depo-
sited with Board of Works, Clerks of Peace, and Clerks of Unions,
(see Lands, Ireland, &c.),

EVIDENCE:

.

XX. 4

Board of Trade; Authentication and service of Notices, &c. to or from,
(see under Board of Trade),
iii. 20, iv. 19, v. 23, vii. 67, xiii. 3
vi. 127, vii. 110, 111

Calls; Evidence in actions for calls, &c. (see Calls, &c.)
Clearing House: Evidence in Actions for recovery of Balances, xxxi. 16 et seq.
Evidence of Loss or Injury of Cattle or Goods carried by Railway or

Canal (see under Carriers, &c.),

xv. 7, xvii. 1 et seq.

Of Amount of Compensation awarded by Jury for Lands, &c.,

Of Authority for Borrowing Money,

Of Forfeiture of Shares,

Of Special Majority of Votes of Company, when required by Act,
Of offer of Superfluous Lands to Landowners,

In enquiries by Barristers, Engineers, or other persons, as to complaints
of proper facilities not being afforded by Companies for Transmis-
sion of Traffic (see under Traffic, &c.),

Act of 1845 for facilitating evidence of official documents, xxv. ; extended
by Act of 1851,

xxv. 1; xxvi. 9-11

Official documents under seal, stamp, or signature, receivable in evi-
dence without proof of seal, &c.,
Examined or certified copies or extracts of public documents admis.
sible in evidence, where original admissible,
Forging seal, stamp, or signature, or tendering same, felony, xxv. 4; xxvi. 17
Documents may be impounded: Punishment,

xxvi. 14

xxv. 4; xxvi. 71
[EVIDENCE,-continued.

EVIDENCE: continued.

Common Law Courts authorized to compel inspection of documents

Certifying false copy or extract, misdemeanor; Punishment,
Courts, &c., to take judicial cognizance of signature of Judges, &c.,
Private Acts printed by Queen's printer, journals of Parliament, pro-
clamations, admissible in evidence, without proof of printer,
Counterfeiting Queen's printers' name or imprint, felony,
Courts, &c., may administer oaths,

xxvi. 15

XXV. 2

XXV. 3

XXV. 4

xxvi. 16

where Equity Courts would grant a discovery,

xxvi. 6

See Witnesses, Offences and Penalties, &c.

EXCURSION TRAINS:

No tax to be levied upon receipts of Companies in respect of cheap train
passengers carried within the rates of fare prescribed for parlia-
mentary trains, (see Parliamentary Trains, Passenger Tax,).
EXECUTORS; see under Shares, Joint Proprietors, Transmission, &c.
Power to Sell and Convey Lands (see Lands),

Limitation of time for compulsory purchase of land, and extension of
time in certain cases (see Lands, Board of Trade,)
Act of 1847, to give further Time for making certain Railways,
Application of Act; now obsolete,

EXTRAORDINARY PURPOSES:--taking of Lands for, and for addi-
tional accommodation (see under Lands, &c.),

For conveyance of Military and Police, (see Troops, &c.,)
For conveyance of Third Class Passengers by Parliamentary Trains, (see
Parliamentary Trains,)

Passengers avoiding payment of; penalty, .
Revision of, by the Treasury (see Treasury,)

Fees to Steward of Manor for enrolment of conveyance of Copyhold

For Copy or extracts from Shareholders Address Book, 6d. per 100 words, vi. 10
For Share Certificate, 2s. 6d., .
vi. 11
For new Certificate to replace Share Certificate lost or destroyed, 2s. 6d., vi. 13
For Registry and Certificate of Transfer of Shares or Stock, 2s. 6d., vi. 15, 62
Registry of Probate of Will and Declaration, or of transmission of
Shares otherwise than by Transfer, 5s.,
Registry of Transfer of Mortgages, 2s. 6d.,

xix. 50

For Inspection of Verdict and Judgment of Jury awarding Compensa-
tion for Land, 18.,

Copy or Extracts from ditto, 6d. per 100 words,

For Inspections of Plans and Sections, and Books of Reference, &c.,
deposited with Clerks of Peace, Clerks of Unions, and other local
officers, 18.,

xx. 4, 9, 11, xxiii. 2

xx. 4, 9, 11, xxiii. 2

xx. 4, 9, 11, xxiii. 2

And for every Hour after first, of such Inspection, 13.,
Copies or Extracts therefrom, 6d. per 100 words,
For Copies or Extracts from Public Documents admissible in Evidence,
4d. per folio of 90 words,

xxvi. 14

Inspection of Returns to Registrar of Joint Stock Companies, 23. 6d., xxxiii. 19
Certificate from Registrar of Joint Stock Companies, 2s. 6d., xxxiii. 19

vi. 18, 19

FEMALES: see Interpretation Clauses of Statutes.

Female Shareholders; transmission of Shares by marriage, (see Trans-

mission,)

FENCES:

Railway Companies to erect, maintain, and repair good and sufficient
Fences to the whole of their Lines,

iv. 10, vii. 65, 68

vii. 50

Fences where Railway crosses a highway, with approaches, &c., and
gates or stiles,

vii. 61

In case of failure to make such fences, &c., two Justices, on applica-
tion of surveyor of roads or two householders, after ten days' notice
to Company, may order Company to make same,
Under penalty of £5 a day for non-compliance,

vii. 62

vii. 62

vii. 62

vii. 65

vii. 68

And Justices may apply penalties to execution of the work,

And so, in regard to Repair of fences, &c.,

Fences for accommodation and protection of Lands adjoining Railway,
To Lands temporarily used by Company,
See Accommodation Works, Bridges, Gates, &c.

FINES or Forfeitures: see under Offences, Penalties, Bye-Laws, &c.
FLANCHES or Ledges of Railway; openings into, for communication with
Branch Lines over adjoining Lands, (see Branch,) iii. 18, 19, iv. 12, vii. 76
FOOTWAYS:

Company to erect and maintain Gates and Stiles on each side of, when

crossed by the Railway on a Level, (see Level Crossings, Roads, &c.,) vii. 61
FORFEITURE of Shares:

Provisions as to Non-payment of Calls and Forfeiture of Shares,
Call and interest thereon remaining unpaid for two months after date for

payment, Shares may be declared by Directors to be forfeited,
Whether the Company have sued for same or not (see Calls),
Before forfeiture, twenty-one days' notice to be given by Directors,
To address of Proprietor in Shareholders Address Book,
Or by publication in Gazette, if address not known,
Forfeiture by Directors not to take effect until confirmed by a general
meeting of the Company,

Such meeting not to be within two months after the notice of inten-
tion to forfeit,

vi. 31

And Company may at same or subsequent meeting order the forfeited
Shares to be sold or otherwise disposed of,
After Forfeiture so confirmed, Directors may sell the Shares, and
Shareholders may purchase same,

But no more Shares of defaulting Shareholder to be sold, than sufficient
for payment of Calls, with interest and expenses,
Surplus, if any, to be paid over to him,

And if payment of Calls, Interest, and Expenses be made before the
forfeited Shares are sold, they are to revert to Proprietor as if Calls
had been duly paid by him,

vi. 35

Purchaser of Forfeited Shares discharged from liability for Calls prior
to purchase,

And of title to Forfeited Shares sold; Certificate to purchaser,
FORFEITURES or Fines, Penalties, Damages, and Costs, (see under
Penalties, Offences, Bye-Laws, &c ): Provisions for recovery of,

vi. 33

vi. 33