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145. WHERE the level of any Road shall be altered in making any Public Proceedings Work, the ascent of any Main Road shall not be more than One foot in "f Committees on 30 feet, and of any other public Carriage Road not more than one foot in 20 feet ; and a good and sufficient Fence, of Four feet high at the least, shall Level of Roads. be made on each side of every Bridge which shall be erected.

&c.

145a. In the case of any Bill relating to a Railway, Tramway, Canal, Tolls, Dock, Harbour, Navigation, Pier, or Port, seeking powers to levy tolls, rates, or duties in excess of those already authorised for that undertaking, or usually authorised in previous years for like undertakings, the Bill shall not be reported by the Committee until a Report from the Board of Trade on the powers so sought has been laid before the Committee ; and the Committee shall report specially to the House in what manner the recommendations or observations in the Report of the Board of Trade, and also in what manner the Clauses of the Bill relating to the powers so sought, have been dealt with by the Committee.

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146. Every Plan and Book of Reference thereto, which shall be produced Plan, &c. to be in evidence before the Committee upon any Private Bill (whether the same signed by Chairshall have been previously lodged in the Private Bill Office or not), shall be signed by the Chairman of such Committee, with his Name at length ; and he shall also mark with the Initials of inis Name every Alteration of such Plan and Book of Reference, which shall be agreed upon by the said Committee ; and every such Plan and Book of Reference shall thereafter be deposited in the Private Bill Office.

147. The Chairman of the Committee shall sign, with his Name at length, Committee Bill a printed Copy of the Bill (to be called the Committee Bill), on which the and Clauses to be Amendments are to be fairly written ; and also sign, 'with the Initials of his

signed by ChairName, the several Clauses added in the Committee.

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148. The Chairman of the Committee shall report to The House, that the Chairman to reallegations of the Bill have been examined ; and whether the Parties concerned port, on allegations

of Bill, &c. have given their Consent (where such Consent is required by the Standing Orders) to the satisfaction of the Committee.

149. The Chairman of the Committee shall report the Bill to The House, Chairnian to report whether the Committee shall or shall not have agreed to the Preamble, or Bill in all cases. gone through the several Clauses, or any of them ; or where the Parties shall have acquainted the Committee that it is not their intention to proceed with the Bill; and when any alteration shall have been made in the Preamble of the Bill, such alteration, together with the ground of making it, shall be specially stated in the Report.

150. WHENEVER a recommendation shall have been made in a Report on Recommendation a Private Bill from a Department of the Government referred to the Com- from Government

Departments. inittee, the Committee shall notice such recommendation in their Report, and shall state their reasons for dissenting, should such recommendation not be agreed to.

151. WHENEVER The House shall order that any Bill for confirming a Proccedings on Provisional Order, or a Provisional Certificate be referred to the Committee Bills for confirming of Selection with respect to any Order or Certificate to be confirmed thereby, Orders, &c. the Proceedings of the Select Committee to which the Bill is referred, and of the Referees, shall be conducted in like manner as in the case of Private Bills, aud shall be subject to the same Rules and Orders of The House so far as they are applicable, except those which relate to the payment of fees by the Promoters of such Provisional Order or Certificate.

152. The Minutes of the Committee on every Private Bill shall be brought Minutes of Comup and laid on the Table of the House, with the Report of the Bill. 11

153. IN

Inittee.

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Prococdings

Railway, Tranıroud, Tramway, and Subway Bills. of Committees on Bills.

153. In the case of a Railway or Tramway Bill, a Company shall not be Restrictions as to authorized to raise, by Loan or Mortgage, a larger sum than One-third of Mortgage. their capital ; or until Fifty per cent. on the whole of the capital shall have

been paid up, to raise any Money, by Loan or Mortgage, unless the Committee on the Bill shall report that such restrictions or either of them ought not to

be enforced, with the reasons on which their opinion is founded. Limiting ascent of 154. WHERE the level of any road shall be altered in making any Railway, Roads wbere Level is altered.

the ascent of any Turnpike Road, or of any Road in Ireland, so defined in the Railway Clauses Consolidation Act, 1845, shall not be more than One foot in 30 feet, and of any other public carriage-road not more than One foot in 20 feet, unless a Report thereupon from some Officer of the Board of Trade shall be laid before the Committee on the Bill, and unless the Committee, after considering such Report, and hearing the Officer if the Committee think fit, if they shall disagree with the said Report, shall recommend steeper ascents, with the reasons and facts upon which their opinion is founded : Also, a good and sufficient Fence, of Four feet high at the least, shall be made on

each side of every Bridge which shall be erected. Level Crossings. 155. No Railway whereon carriages are moved by mechanical power

shall be authorized to be made across any Railway, Tramway, Tramroad, or public carriage-road on the level, unless a Report thereupon from some Officer of the Board of Trade shall be laid before the Committee on the Bill, and unless the Committee, after considering such Report, and hearing the Officer, if the Committee think fit, if they shall disagree with the said Report, shall recommend such level crossing, with the reasons and facts upon which their opinion is founded ; and in every Clause authorizing a level crossing the number of lines of rails authorized to be made at such

crossing shall be specified. Acquisition of 156. No Railway Company shall be authorized to construct or enlarge, Canals, Docks, &c., purchase, or take on lease, or otherwise appropriate any Canal, Dock, Pier, by Railway Companies.

Harbour, or Ferry, or to acquire and use any Steam-vessels for the conveyance of goods and passengers, or to apply any portion of their capital or revenue to other objects, distinct from the Undertaking of a Railway Company, unless the Committee on the Bill report that such a restriction ought not to be enforced, with the reasons and facts upon which their opinion is founded.

Reports of Public

157. Every Committee on a Railway Bill shall report specially to The Departments.

House,

Whether any Report from any Public Department in regard to the Bill, or the objects thereof, has been referred by The House to the Committee ; and, if so, in what manner the several recommendations contained in such Report have been dealt with by the Committee :

Whether it be intended that the Railway shall cross on a level any Railway, Tramway, Tramroad, or Highway:

And any other circumstances which, in the opinion of the Committee

it is desirable that The House should be informed of. Generating

157a. In the case of any Bill relating to the generation of electricity for stations.

supply to persons or bodies other than the Promoters, the Bill shall not be reported by the Committee until a Report from the Board of Trade and His Majesty's Office of Works on the powers sought has been laid before the Committee ; and the Committee shall report specially to The House in what manner the recommendations or observations in the Report of the Board of Trade and His Majesty's Office of Works, and also in what manner the clauses of the Bill relating to the powers sought, have been dealt with by the Committee.

158. In every Railway Bill, Tramway Bill, and Subway Bill, whereby completion of line. the construction of any new line of Railway, Tramway, or Subway is authorized, or the time for completing any line already authorized is

extended,

Limit of time for

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extended, promoted by an existing Railway Company, Tramway Company, or Subway Company, which is possessed of a Railway, Tramway or Subway already opened for public traffic, and which has, during the year last past, paid dividends on its ordinary share capital, and which does not propose to raise under the Bill a capital greater than its existing authorized capital, there shall be inserted a Clause to the following effect, viz. :

(A.) If the Company fail within the period limited by this Act to coinplete the Railway or Tramway authorized to be made by this Act, the Company shall be liable to a Penalty of 501. a day for every day after the expiration of the period so limited until the said Railway, Tramway, or Subway is completed and opened for public traffic, or until the sum received in respect of such penalty shall amount to five per cent. on the estimated cost of the Works; and the said penalty may be applied for by any landowner or other person claiming to be compensated or interested in accordance with the provisions of the next following section of this Act, and in the same manner as the penalty provided in the 3rd section of the Act 17 & 18 Vict. c. 31, known as The Railway and Canal Traffic Act, 1854,” and every sum of Money recovered by way of such penalty as aforesaid shall be paid under the warrant or order of such Court or Judge as is specified in the said 3rd section of the Act 17 & 18 Vict. c. 31, to an account opened or to be opened in the name and with the privity of the Paymaster General for and on behalf of the Supreme Court in England [the King's Remembrancer of the Court of Exchequer in Scotland, or the Accountant General of the Supreme Court in Ireland (according as the Railway, Tramway, or Subway is situate in England, Scotland, or Ireland,)] in the bank named in such order, and shall not be paid thereout except as hereinafter provided ; but no penalty shall accrue in respect of any time during which it shall appear, by a certificate to be obtained from the Board of Trade, that the Company was prevented from completing or opening such line by unforeseen accident or circumstances beyond their control: Provided, "That the want of sufficient funds shall not be held to be a circumstance beyond their control.

Railway, Tramway, or Subway Deposits. 158a. In every Railway Bill, Tramway Bill, or Subway Bill whereby the Deposit to be construction of any new line is authorized, or the time for completing any security for line already authorized is extended ; if such Bill be promoted by an existing completion of the Railway Company, Tramway Company, or Subway Company which is not Lino. possessed of a Railway, Tramway, or Subway already opened for public traffic, or winich has not during the year last past paid dividends on its ordinary share capital ; or by an existing Railway Company, Tramway Company, or Subway Company, when the capital to be raised under the Bill is greater than the existing authorized capital of the Company, or by persons not already incorporated, a Clause to the following effect shall be inserted, viz. :

(B.) Whereas, pursuant to the Standing Orders of both Houses of Parliament, and to “ The Parliamentary Deposits Act, 1846,” a sum of £ being five per cent. upon the amount of the Estimate in respect of the Railway or Tramway, authorized by this Act, has been deposited with the Court, that is to say, the Paymaster General for and on behalf of the Supreme Court in England (or the Court of Exchequer in Scotland, or the Accountant General of the Supreme Court in Ireland, as the case may be] ; (or Exchequer Bills, Stocks, or Funds to the amount of £ have been deposited or transferred pursuant to the said Act, as the case may be], in respect of the application to Parliament for this Act (which Suin, Exchequer Bills, Stocks, or Funds, as the case may be, is or are in this Act referred to as “the Deposit Fund”): Be it enacted, That notwithstanding anything contained in the said recited Act, the Deposit Fund shall not be paid or transferred to or on the application of the person or persons. or the majority of the persons, named in the warrant or order issued in purs'iance of the said Act, or the survivors or survivor of them (which persons, survivors, or survivor, are or is in this Act referred to as the

“depositors ")

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depositors”) unless the Company shall, previously to the expiration of the period limited by this Act for completion of the Railway (Tramway or Subway] hereby authorized to be made (or the time for completing which is hereby extended], open the said Railway [Tramway or Subway) for public traffic [or, if a passenger Railway, for the public conveyance of passengers), and if the Company shall make default in so opening the said Railway [Tramway or Subway] the Deposit Fund shall be applicable, and shall be applied as provided by the next following Section. And to such Clause the Committee may, if they think fit, add a proviso to the following effect :-Provided, That, if within such period as aforesaid the Company open any portion of the said Railway [Tramway or Subway) for public traffic [or, if à passenger Railway, for the public conveyance of passengers), then on production of a certificate of the Board of Trade, specifying the length of the portion of the said Railway [Tramway or Subway].opened as aforesaid, and the portion of the deposit fund which bears to the whole of the deposit fund the same proportion as the length of the said Railway [Tramway or Subway) so opened bears to the entire length of the said Railway [Tramway or Subway] hereby authorized, the High Court shall, on the application of the depositors, order the said portion of the deposit fund so specified in such certificate as aforesaid to be paid or transferred to them, or as they shall direct ; and the certificate of the Board of Trade shall, if signed by the Secretary, or by an Assistant Secretary of the said Board, be sufficient evidence of the facts therein certified; and it shall not be necessary to produce any certificate of this Act having passed, anything in the recited Act to the contrary notwithstanding.

In every Railway Bill, Tramway Bill, or Subway Bill, whereby the construction of any new line of Railway, Tramway, or Subway is authorized, or the time for completing any line already authorized is extended, a Clause to the following effect shall be inserted :

(C.) If the Company do not, previously to the expiration of the period limited by this Act for the completion of the Railway [Tramway or Subway] hereby authorized to be made (or the time for completion which is hereby extended) complete the said Railway [Tramway or Subway) and open it for public traffic [or, if a passenger Railway, for the public conveyance of passengers], then and in every such case the deposit fund, or so much thereof as shall not have been paid to the depositors, or any sum of money recovered by way of penalty as aforesaid, shall be applicable, and, after due notice in the “ London Gazette" [orEdinburghor “ Dublin Gazette," as the case may require), shall be applied towards compensating any landowners or other persons whose property may have been interfered with, or otherwise rendered less valuable, by the commencement, construction, or abandonment of the said Railway [Tramway or Subway), or any portion thereof, or who may have been subjected to injury or loss in consequence of the compulsory powers of taking property conferred upon the Company by this Act, [and also in the case of a Tramway) in compensating all road authorities for the expense incurred by them in taking up any Tramway, or materials connected therewith, placed by the Company in or on any road vested in or maintainable by such road anthorities respectively, and in making good all damage caused to such roads by the construction or abandonment of such Tramway], and shall be distributed in satisfaction of such compensation as aforesaid, in such manner and in such proportions as to the Court may seem fit; and if no such compensation shall be payable, or if a portion of the deposit fund (or of the sum or sums of money recovered by way of penalty as aforesaid) shall have been found sufficient to satisfy all just claims in respect of such compensation, then the Deposit Fund (or the sum or sums of money recovered by way of penalty as aforesaid), or such portion thereof as may not be required as aforesaid, shall, if a receiver has been appointed, or the Company is insolvent and has been ordered to be wound up, or the undertaking (in the case of a penalty the Railway or Railways in respect of which the penalty has been incurred or any part thereof), has been abandoned, be paid or transferred to such receiver, or to the liquidator or liquidators of the Company, or be applied, in the discretion of the Court, as part of the assets of the Company for the

benefit

benefit of the creditors thereof, and subject to such application, shall be Proceedings repaid or retransferred to the depositors (Company): Provided, That until of Committees on the Deposit Fund shall have been repaid to the depositors, or shall have become otherwise applicable as hereinbefore mentioned, any interest or dividends accruing thereon shall from time to time, and as often as the same shall become payable, be paid to or on the application of the depositors.

N.B.-If the Clause lettered (A) is inserted in the Bill, the Proviso at the end of the Clause lettered (C) shall be omitted. In the case of a Railway Company omit the words “and has been ordered to be wound

up, and “or to the liquidator or liquidators of the Company,” and where there is no deposit omit the Proviso.

(D.) If the Railway (or Tramway] authorized by this Act shall not be completed within the period limited by this Act, then, on the expiration of such period, the powers by this Act granted to the Company for making and completing the said Railway [or Tramway], or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as shall then be completed. The period limited shall not in the case of a new Railway, Tramroad, or Tramway line exceed five years, and the extension of time for completion shall not exceed three years, unless the Committee on the Bill think fit, in the special circumstances of the case, to allow a longer period. In the case of extension of time the additional period shall be computed from the expiration of the period sought to be extended. In

any Railway Bill or Tramway Bill to which the preceding provisions are not applicable, the Committee on the Bill shall make such other provision as they shall deem necessary for ensuring the completion of the line of Railway or Tramway.

1586. In the case of every Bill authorizing the abandonment of a Railway, Report in case of Tramway, or Subway, or of any part thereof, and the release of any Railway, Tramway, deposit money impounded as security for the completion thereof, a report or Subway Bill, from the Board of Trade respecting the Bill, and the objects thereof, shall and release of be presented to this House, and be referred to the Committee on the Bill ; Deposit Money. and the Committee shall report specially to the House in what manner the several recommendations contained in the Report from the Board of Trade have been dealt with by the Committee.

159. The Committee on every Railway Bill shall fix the maximum Rates of Committee to tix Charge for the conveyance of Passengers, with a due amo int of Luggage, the Rates and such rates to include every expense incidental to such conveyance,

and shali also fix the Charges for the conveyance of Parcels by passenger train ; but if the Committee shall not deem it expedient to determine such maximum Rates of Charge, a Special Report, explanatory of the grounds of their omitting so to do, shall be made to The House, which Special Report shall accompany the Report of the Bill.

160. In every Railway Bill by which it is proposed to authorise the Provision as to Company to grant any preference or priority in the payment of Interest or preference in pay

ment of interest. Dividends on any Shares or Stock, there shall be inserted a Clause providing that the granting of such preference or priority shall not prejudice or affect any preference or priority in the payment of Interest or Dividends on any other Shares or Stock which shall have been granted by the Company

in pursuance of or which may have been confirmed by any previous Act of Parliament, or which may otherwise be lawfully subsisting, unless the Committee on the Bill shall report that such Provision ought not to be required, with the Reasons on which their opinion is founded.

161. No Railway Company shall be authorized to alter the terms of any Company not to preference or priority of Interest or Dividend which shall have been granted alter any preference by such Company in pursuance of or which may have been confirmed by previously granted. any previous Act of Parliament, or which may otherwise be lawfully subsisting, unless the Committee on the Bill report that such alteration ought to be allowed, with the Reasons on which their opinion is founded, together with the number of Preference Shareholders who have assented to or dissented from such alteration.

162. No

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