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all or any of the said Commissioners, and to appoint others in their stead, and to appoint one of the said Commissioners to be their President; and upon any vacancy in the number of the said Commissioners, it shall be lawful for the surviving or continuing Commissioners to act as if no such vacancy had occurred, and every such appointment, or new appointment, and also the day on which the said Commissioners shall begin to act in execution of this Act, shall be published in the London Gazette.

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2. Power of Board of Trade trans

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And be it Enacted, That from and after the day which shall be so

specified in the London Gazette as the day ou which the said Comferred to Com- missioners shall begin to act in execution of this Act, all the powers,

rights and authority now vested in or exercised by the Lords of the Committee of Her Majesty's Privy Council for Trade and Foreign Plantations by virtue of the recited Acts, or by any other Act of Parliament or otherwise howsoever, with respect to any Railway, or intend

15 ed Railway, shall be transferred to and vested in and exercised by the Commissioners of Canals and Railways as fully as if they had been named in the said several Acts of Parliament, instead of the Lords of the said Committee; and all provisions of the said Acts shall be deemed to apply to the said Commissioners, instead of the Lords of the said Committee ; and all proceedings now pending before the Lords of the said Committee, or carried on under their authority, shali be continued and carried on by and before the said Commissioners, who shall have and exercise the same powers, rights and authority in respect of all such proceedings as if they had been origi- 25

pally commenced before the said Commissioners. 3.

And be it Enacted, That an office shall be provided in London or
Westminster, under the directions of the Commissioners of Her
Majesty's Treasury, for the use of the Commissioners appointed under
this Act, at or to which all notices and other documents shall be given

30
or sent which are now by law required to be giverr or sent at or to the
office of the Lords of the said Committee.

Office of Commissioners.

4. Appoinment of Secretary, Officers and Servants.

And be it Enacted, That the said Commissioners may appoint and at their pleasure remove a Secretary, and so many other officers and servants as to them, subject to the approval of the Commissioners of Her Majesty's Treasury, shall appear necessary for carrying on the business of the said Commission.

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5. Payment of Commissioners and Officers.

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And be it Enacted, That the President, and Two other Commissioners, and the Secretary, officers and servants of the said Commissioners, shall be paid by such salaries as shall be from time to time appointed by the Commissioners of Her Majesty's Treasury, not exceeding the sum of

in the case of the President, and the sum of

pounds in the

case

case of either of the two other paid Commissioners, and in the case of the Secretary and other officers and servants of the said Commission, such fit salaries as shall be from time to time appointed, with due

reference to their several stations and the duties they will have to 5 perform

6. And be it Enacted, That the office of the said President shall not be President not

disqualified to deemed such an office as shall render him incapable of being elected or sit în Parliaof sitting or voting as a Member of the Commons House of Parliament,

or as shall avoid his election if returned, or render him liable to any 10 penalty for so sitting or voting; and that if the first President who

shall be appointed under this Act shall be a Member of the House of Commons in this present Parliament assembled, his election shall not be thereby avoided, nor his seat in Parliament vacated.

ment.

sit in Parliament.

7. And be it Declared and Enacted, That the office of any other of Unpaid Comis the said Commissioners who shall not be entitled to receive a salary disqualified to

by reason of his appointment to such office, shall not be deemed such an office as shall render him incapable of being elected or of sitting or voting as a Member of the Commons House of Parliament, or as

shall avoid his election if returned, or render him liable to any penalty 20 for so sitting or voting; and if any such unpaid Commissioner shall

be a Member of the House of Commons at the time of his appointment, his acceptance of such appointinent shall not avoid his election or vacate bis seat in Parliament; and, for the purpose of distinguish

ing which Commissioners are qualified to sit in Parliament under this 25 Act, the warrant appointing any such Commissioner shall specify that

he will not be entitled, by virtue of such appointment, to receive any salary or remuneration whatsoever.

8. AND whereas in some cases Railway Companies have exceeded Restraint of

certain illegal the powers given to them under the Acts constituting them, or have

practices. 30 otherwise acted contrary to the provisions of the said Acts or of the

general Acts for regulating Railways ; BE it Enacted, That it shall be the duty of the said Commissioners to prevent any such unlawful proceedings by the exercise of any powers now vested in the Lords of the said Committee.

sioners may

way's.

9. 35 And be it Enacted, That the said Commissioners shall be empow- Commisered, by themselves, or by such Inspectors as they shall appoint for inspect pro

posed Railthat purpose, to inspect and survey any proposed line of Railway, and for the purposes of any such survey they and their Inspectors shall

have all the powers which, under an Act passed in the fifth year of 40 the reign of Her Majesty, intituled, “ An Act to authorize and facili- 4 & 5 Vict.,

tate the Completion of a Survey of Great Britain, Berwick-uponTweed and the Isle of Man,” any officers or persons appointed

c. 30.

by or acting under the orders of the Master-General and Board of
Ordnance have for the purpose of making and carrying on any
survey authorized by the last-recited Act, and all the provisions of
the last-recited Act in anywise relating to any such survey shall be
deemed to apply, so far as they are applicable, to any survey which

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may be directed by the said Commissioners under this Act, provided
that all allowances and payments made under this Act of the same
kind as those which by the last-recited Act are to be paid out of the
aids granted by Parliament to Her Majesty, on account of the Board
of Ordnance, and also all other expenses incurred by the Commis- 10
sioners in making such survey and inspection, shall be paid by the
Provisional Committee or Directors or other persons who shall appear
to the Commissioners appointed under this Act to be or about to
become the promoters of the said intended Railway within the mean-
ing of the said Acts of the last Session of Parliament; and in case 15
of non-payment of the same in any case, the amount of such allow-
ances, payments and expenses shall be deemed a specialty debt due

to Her Majesty, and shall be sued for and recovered accordingly.
10.
Commis- And be it Enacted, That it shall be the duty of the said Commis-
sioners to
report to Her sioners to examine and

sioners to examine and report to Her Majesty and both Houses of Majesty, and

Parliament upon any subject relating to any Railway, or proposed
both Houses
of Parlia- Railway, which shall be referred to them for their opinion by Her

Majesty, or by either House of Parliament; and especially in the case
of any application to Parliament for any Act for making or main-
taining any Railway, it shall be their duty to inquire and report, 25

Firstly, Whether there are any lines or schemes competing with

the proposed Railway:
Secondly, Whether by the Bill for such Act it is proposed to

take powers for uniting with such Railway, or proposed Railway,
any other Railway or Canal, or to purchase lease

any

Rail- 30
way, Canal, Dock, Road or other Public Work, Undertaking
or Easement:

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ment.

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Thirdly, Whether by such Bill it is proposed to constitute any

Branch Railway, or any other work in connexion with the pro

posed Railway :
Fourthly, Whether any Plans and Sections of any such proposed

Railway, which, pursuant to any order of either House of Par-
liament, shall have been deposited in their office, are correct,
and, if not, in what particulars and how far they are incorrect,
and whether or not, in the opinion of the Commissioners, such
errors as they shall find are material to the object for which
such Plans and Sections are required.

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11. Act may be amended or repealed.

And be it Enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

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Ordered, by The House of Commons, to be Printeil,

19 August 1846.

659.

Under 1. oz.

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