1. Repeal of Proviso in recited Act regarding Debentures. 2. Repayment of Loan. 3. In case of recovered. the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT the said proviso, so far as regards any Debentures which shall have been already issued by the said Company, shall be and the same is hereby repealed. 5 And be it Enacted, That notwithstanding any thing in the said Act contained, whereby it is enacted that the said loan of One hundred thousand Pounds shall be applied by the said Company in the proportions and for the purposes therein mentioned, it shall be lawful, nevertheless, for the said Company to apply any portion thereof, not exceeding 10 the sum of Thirty-two thousand five hundred Pounds, to the payment of the principal sums due on certain Debentures which have been issued by the said Company, and are now due or will become due and payable on or before the Fourth day of January which will be in the year One thousand eight hundred and Forty-seven, which said sum of Thirty- 15 two thousand five hundred Pounds, or so much thereof as shall be so applied by the said Company, shall be repaid, and they are hereby required and made liable to repay the same to the Lord High Treasurer or Commissioners of Her Majesty's Treasury, or to such other persons as the said Lord High Treasurer or Commissioners shall direct, within the space of Three Years after the passing of this Act; and if within or at the expiration of such period of Three Years the Company shall not have repaid the said sum, it shall be lawful for the Lord High Treasurer, or any Three or more of the Commissioners of Her Majesty's Treasury, to cause notice in writing to be given to the 25 said Company, by leaving the same at the office of the said Company, to repay the said sum of Thirty-two thousand five hundred Pounds, or so much thereof as shall have been applied as aforesaid, and shall remain due and unpaid, within One calendar Month from the day on which such notice shall be given or served on the said Company. 20 30 And be it Enacted, That if the said Company, after receipt of such notice, shall refuse, or, for the space of One calendar Month from the day on which such notice shall have been given or served, neglect to repay the said sum, it shall be lawful for the Lord High Treasurer, or any Three or more of the Commissioners of Her Majesty's Trea- 35 sury, and they are hereby authorized and empowered, by warrant under their hands, to declare and make a call or calls on such portion of the subscribed capital of the said Company as shall not at the time of such call or calls have been called up and paid as shall be sufficient to repay the said sum; and for the purpose of enforcing payment of any such call or calls, the Lord High Treasurer, or any Three or more of the Commissioners of the Treasury, shall have, use and exercise all such power and authority as the said Company now have or may use and 40 and exercise for enforcing payment of any calls to be made by them under any Letters Patent or Act of Parliament now in force. Provided always, and be it Enacted, That if it shall appear to the satisfaction of the Lord High Treasurer, or any Three or more 5 of the Commissioners of Her Majesty's Treasury, that the said Company, during the said period of Three Years from the passing of this Act, have applied any sum or sums of money to any of the purposes mentioned in the said recited Act, to which the said loan of One hundred thousand Pounds was thereby directed to be applied, then and in 10 such case the amount of such sums so applied by the said Company shall be taken and reckoned towards repayment of the said sum of Thirty-two thousand five hundred Pounds, or so much thereof as shall be due and unpaid. 5. rived from moiety of as security for Loan not to be reckoned repayment. AND whereas by the said recited Act a moiety of the purchase Monies de15 money of any lands, tenements and hereditaments belonging or hereafter to be acquired by the said Company, and of the rents, issues and lands pledged profits to be thereafter received by the said Company, is pledged as a security for the repayment from time to time of the said loan of as part of One hundred thousand Pounds; It is hereby Declared and Enacted, 20 That if it shall appear that any such sums as are hereinbefore directed to be taken and reckoned towards repayment of the said sum of Thirtytwo thousand five hundred Pounds, or so much thereof as shall be due and unpaid, shall have been paid out of the said moiety so pledged as aforesaid, then and in every such case such sums shall not be taken and 25 reckoned as aforesaid, but that such sums only shall be so taken and reckoned as shall appear to have been paid cut of the moiety of the said lands, tenements and hereditaments, rents, issues and profits remaining at the disposal of the said Company, or out of any other sums at their disposal which are not so pledged as aforesaid. 30 6. Company not above a certai ll without consent High Trea to make tain amount of call of the Lord surer until repayment of the sum of And be it Enacted, That until the said sum of Thirty-two thousand five hundred Pounds, or so much thereof as shall be due and unpaid, shall be repaid by the said Company as aforesaid, it shall not be lawful for the said Company, without the consent in writing of the Lord High Treasurer, or any Three or more of the Commissioners of Her 35 Majesty's Treasury, to make any call or calls exceeding in the whole the amount of One-half of such portion of the subscribed capital .32,500. of the said Company as at the time of the passing of this Act has not been called up and paid; and all and every such call or calls as, with the consent aforesaid, shall be made by the said Company, shall be 40 only for the purpose of and shall be applied to the repayment of the said sum of Thirty-two thousand five hundred Pounds, or so much thereof as shall be due and unpaid. 624. And 7. Repayment of part of the sum of £.32,500 to be deemed part repay ment of loan And be it Enacted, That whenever the said Company shall repay as aforesaid the said sum of Thirty-two thousand five hundred Pounds, or any part thereof, the same shall be deemed and taken to be a part of the said loan of One hundred thousand Pounds so authorized to be of £.100,000. advanced to the said Company, and may, at the discretion of the Lord High Treasurer, or any Three or more of the Commissioners of the Treasury, be advanced and lent to the said Company for the purposes and subject to the provisions in the said recited Act contained. 8. Act may be amended during the present any Act to And be it Enacted, That this Act may be amended or repealed by be passed in this Session of Parliament. 5 Session. (LORDS' AMENDMENTS TO A PRIVATE BILL.) AMENDMENTS MADE IN THE HOUSE OF LORDS TO THE Newcastle-upon-Tyne and Carlisle Branch Railway Bill. Page 2 of print [as amended in Committee], line 2, for second "and "insert" or." Page 3, 1. 1, after “Temporal" in the ingrossment, leave out the second "and Temporal." Page 8, after Clause 12, insert Clause (A.) Page 9, cl. 16, 1. 6, for "share" insert" shares." cl. 17, l. 4, for "share" insert "shares," and in the same line, after "to "insert" immediately before the passing of this Act." Page 10, after Clause 20, insert Clause (B.) Page 11, cl. 24, l. 4, for " Railway" insert" Railways." cl. 27, 1. 25, after "warden" leave out "24, in the parish and township of Hexham." Page 13, cl. 28, 1. 16, after "Corbridge " leave out" and." 1. 8, leave out "both" and insert "and 24, in the parish and township of Hexham, all." 1. 12, leave out "two" and insert "three." 1. 16, leave out "two" and insert "three." 1. 23, leave out " two" and insert "three." Page 15, cl. 33, 1. 3, leave out "Act" and insert " Acts." Provided always, and be it Enacted, That all mortgages and bonds granted by the Company before the passing of this Act, and which shall be in force at the time of the passing of this Act, shall, during the continuance thereof, have priority over any mortgages or bonds to be created by virtue of this Act. 629. AND CLAUSE (B.) AND whereas the noise occasioned by the passage of traffic and erect a Fence engines along the said Railway may be injurious to the inmates of the Wall and with Felt before Infirmary. CLAUSE (C.) Branch to Alston not to be partially opened. CLAUSE (D.) Company to or Lodges and Gates at level cross ings. Infirmary for the counties of Northumberland, Durham and Newcastleupon Tyne; BE it Enacted, for the remedy thereof, before opening for public use the said intended line of Railway into Newcastle, by this Act authorized to be made, the said Newcastle-upon-Tyne and Carlisle Railway Company shall erect a fence wall on the north side of the said extension line of Railway, of not less than Thirteen feet in height from the level of the rails thereon, to screen the same Railway from the building now occupied by the said Infirmary and the grounds thereto belonging; the said fence wall to commence at the bridge across the highway, called the Forth Bank Road, at the western extremity of the said bridge, and to extend therefrom in a westerly direction for the space of One hundred yards; and in constructing the said line, the said Newcastle-upon-Tyne and Carlisle Railway Company shall, for the space hereinafter mentioned, use timber sleepers, and seat the chairs of the rails upon felt, by placing a layer of felt between the said chairs and the sleepers to which the same are attached; and that the said extension line of Railway shall be so constructed throughout such portion of the line as shall be screened by the fence wall hereinbefore described, and further, in an easterly direction, until the same Railway shall enter the station-house. And be it Enacted, That it shall not be lawful for the said Company to open for the use of the public any part or portion of the said lastmentioned Branch Railway between its commencement at the point of junction with the Newcastle and Carlisle Railway, in the township of Haltwhistle and the town of Alston, until the whole of the line from the said commencement of the said Branch Railway to Alston aforesaid shall have been completed and opened for the use of the public. And be it Enacted, That for the greater security and convenience erect Stations of the public, the Company shall forthwith make and maintain on both sides of any of the Railways made or to be made under the powers of the said recited Act or this Act, at the points where any of the said Railways shall cross on the level any turnpike or other public carriage road (except the roads crossing the River South Tyne at Wharmlay and Allerwash Fords), good and sufficient gates across such turnpike or other road, and shall employ proper persons to attend to the opening and shutting such gates, and such gates shall be kept constantly closed across such road on both sides of the Railway, except during the time when horses, cattle, carts or carriages passing along the same shall have to cross such Railway, and such gates shall be of such dimensions, and so constructed, as when closed to fence in the Railway and prevent cattle or horses passing along the road |