E A BILL . For constituting Commissioners of Railways. 5 c. 97. HEREAS by an Act passed in the fourth year of the reign Preamble: of Her Majesty, intituled, "An Act for regulating Rail- 3 & 4 Vict., ways;" and by another Act passed in the sixth year of the reign of Her Majesty, intituled, "An Act for the better Regulation of Rail- 5 & 6 Vict., ways, and for the Conveyance of Troops;" and by another Act passed in the eighth year of the reign of Her Majesty, intituled, "An 7 & 8 Vict., c. 55. c. 85. 8 & 9 Vict., Act to attach certain Conditions to the Construction of future Railways, authorized or to be authorized by any Act of the present or succeeding Sessions of Parliament, and for other Purposes relating to 10 Railways;" and by two other Acts passed in the last Session of Parliament for consolidating in one Act certain provisions usually c. 20, 23. inserted in Acts authorizing the making of Railways respectively, and by sundry local Acts of Parliament, certain powers with respect to Railways are vested in the Lords of the Committee of 15 Her Majesty's Most Honourable Privy Council for Trade and Foreign Plantations; but it is expedient that a separate Department be constituted for these purposes and for other purposes relating to Railways; Be it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords 20 Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT it shall be lawful for Her Majesty, by warrant under the Royal Sign Manual, and removal to appoint any number, not more than Five persons, to be Commissioners. sioners of Railways, and from time to time, at Her pleasure, to remove 659. all 1. Appointment of Commis 2. Power of Board of Trade trans missioners. 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. 5 15 And be it Enacted, That from and after the day which shall be so specified in the London Gazette as the day on which the said Com 10 ferred to Commissioners 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 intended 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 20 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 nally commenced before the said Commissioners. 3. Office of Commissioners. 4. Appointment 5. Payment of 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 giver or sent at or to the office of the Lords of the said Committee. 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 35 of Her Majesty's Treasury, shall appear necessary for carrying on the business of the said Commission. 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 President, and the sum of in the case of the pounds in the 40 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. And be it Enacted, That the office of the said President 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 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. And be it Declared and Enacted, That the office of any other of 15 the said Commissioners who shall not be entitled to receive a salary 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 appointment shall not avoid his election or vacate his seat in Parliament; and, for the purpose of distinguishing 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. AND whereas in some cases Railway Companies have exceeded the powers given to them under the Acts constituting them, or have 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. 35 empow 6. President not disqualified to sit in Parlia ment. 7. Unpaid Comdisqualified to missioners not sit in Parliament. 8. Restraint of certain illegal practices. Q. Commissioners may And be it Enacted, That the said Commissioners shall be ered, by themselves, or by such Inspectors as they shall appoint for inspect prothat purpose, to inspect and survey any proposed line of Railway, and for the purposes of any such survey they and their Inspectors shall posed Railways. 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 659. A 2 by c. 30. 10. Commissioners to report to Her Majesty, and both Houses of Parliament. 11. Act may be amended or repealed. 5 by or acting under the orders of the Master-General and Board of And be it Enacted, That it shall be the duty of the said Commissioners to examine and report to Her Majesty and both Houses of Parliament upon any subject relating to any Railway, or proposed 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 maintaining any Railway, it shall be their duty to inquire and report, Firstly, Whether there are any lines or schemes competing with the proposed Railway: 20 25 Secondly, Whether by the Bill for such Act it is proposed to Thirdly, Whether by such Bill it is proposed to constitute any Fourthly, Whether any Plans and Sections of any such proposed Railway, which, pursuant to any order of either House of Parliament, 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. And be it Enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. 35 40 |