c. 127. 30 & 31 VICT. amount of such deposit, or any part thereof, or has entered into any bond conditioned for the completion of the railway, or for payment of any money in default thereof, and without the preliminary consent of a meeting of shareholders of the company. Compensation for damage to land by entry, &c. Cancellation of pletion of rail of deposit. XXXIII. The authority given under this act for the abandonment by a company of any railway or part of a railway shall not effect the right of the owner or occupier of any lands that have been temporarily occupied by the company to receive compensation, in accordance with the provisions of the Railways Clauses Consolidation Act, 1845, for such temporary occupation, or for any loss, damage, or injury that has been sustained by him by reason thereof, or of the exercise as regards such lands of any of the company's powers. XXXIV. Where a warrant for abandonment is granted uuder the Abandonment of Railways Act, 1850, as exways, and release tended by this act, the Commissioners of Her Majesty's Treasury may cancel and deliver up any bond entered into by or on behalf of a railway company for securing the completion of a railway, or, in case the abandonment be of part of the railway only, may cancel and deliver up such bond on receiving another bond in lieu thereof conditioned for payment of a due proportionate part of the amount secured by such former bond; and any money remaining deposited as security for the completion of the railway, or the stocks, funds, or securities in which the sum is invested, or any bank annuities, stocks, funds, securities, or Exchequer bills remaining deposited as such security, or in case the abandonment authorised is of part only of a railway, then such proportionate part as the Board of Trade thinks fit of such money, stocks, funds, securities, annuities, or Exchequer bills, shall be paid, transferred, or delivered out to the persons who would be entitled to receive the same if the railway had been completed and opened for public traffic; and the Court of Chancery shall, on the application of those persons, order payment, transfer, or delivery out thereof accordingly, on a certificate of the Board of Trade certifying that such a warrant for abandonment has been granted. Protection for Board of Trade in case of error. XXXV. The issuing in any case of any warrant or c. 127. certificate relating to deposit, or to any money, stocks, 30 & 31 VICT. funds, securities, bank annuities, or Exchequer bills deposited, or any error in any such warrant or certificate, or in relation thereto, shall not make the Board of Trade, or the person signing the warrant or certificate on their behalf, in any manner liable for or in respect of the money, stocks, funds, securities, bank annuities, or Exchequer bills deposited, or the interest of or dividends on the same, or any part thereof respectively. PURCHASE OF LANDS. to railway com of 8 & 9 Vict. XXXVI. Where after the passing of this act a company Amendment (as exercise the powers conferred on the promoters of the panies) of s. 85 undertaking by section eighty-five of the Lands Clauses c. 18. Consolidation Act, 1845 (a), the following provisions shall have effect: (1.) The surveyor to be appointed as in that section. provided shall be appointed by the Board of Trade, instead of by two justices, and all the provisions of that act relative to a surveyor appointed by two justices shall apply to a surveyor so appointed by the Board of Trade. (2) The company shall give not less than seven days' notice of their intention to apply to the Board of Trade for the appointment of a surveyor to any party interested in or entitled to sell and convey the lands in question, and not consenting to the entry of the company. (3.) The valuation to be made by the surveyor so appointed shall include the amount of compensation for all damage and injury to be sustained by reason of the exercise of the powers conferred by the said section, as far as such damage and injury are capable of estimation. (4) The sureties to the bond to be given by the company under that section shall, in case the parties differ, instead of being approved of by two justices, be approved of by the Board of Trade, after hearing the parties. (a) See ante, pp. 253 and 258. It has been decided upon this section that in every case where a Appointment of company intends to enter under s. 85 of the Lands Clauses Act, surveyor by after 20th August 1867, the surveyor must be appointed under this Board of Trade. c. 127. 20 & 31 Vior. section, although a valuation under s. 85 have previously been made: (Field v. Carnarvon & Llanberis Railway Co., L. R. 5 Eq. 190; 37 L. J. Ch. 176; 17 L. T. N. S. 534.) Costs of arbitra XXXVII. Where, in England, under the Lands Clauses tions as to lands. Consolidation Act, 1845 (a), or any act incorporating the same, a question of disputed compensation relating to lands required to be purchased or taken by a company is determined by arbitration, the costs of and incidental to the arbitration and award shall, if either party so requires, be settled, as between the parties, by one of the masters of the Court of Queen's Bench. (a) See s. 34 of the Lands Clauses Act, 1845, and the notes thereon, pp. 172, 173, ante. GENERAL ORDER AND RULES, (Friday, 24th of January 1868,) TO REGULATE THE MODE OF PROCEDURE UNDER THE PART I SCHEMES OF ARRANGEMENT, PREPARATION AND FILING OF SCHEME. intituled in the act and the 1. Every scheme to be filed in the Court of Chancery, Scheme to be pursuant to the statute, 30th and 31st Victoria, chapter matters of the 127, section 6, and every declaration, affidavit, petition, company. summons, notice, or other proceeding relative thereto, shall be intituled in the manner of "The Railway Companies Act, 1867," and in the matter of the company in question. with name of Court it is II. Every such scheme shall be marked, either with the To be marked words "Lord Chancellor" and the name of one of the judge to whose Vice-Chancellors, or with the words "Master of the Rolls," attached." and the matter of such scheme (unless removed by some special order of the Lord Chancellor or the Lords Justices) shall accordingly be attached to the Court of such ViceChancellor, or to the Court of the Master of Rolls, as the case may be, in like manner and for the same purposes as causes are attached to a particular Court. printed or III. Every scheme to be filed as aforesaid shall be Schemes to be printed on paper of the same size and description, and in the same style and manner, as bills in Chancery are required to be printed, or shall be written bookwise upon paper of the same size and description as last aforesaid. IV. Every declaration and affidavit to be filed as men- Declarations and affidavits. AND RULES. GENERAL ORDER tioned in the 6th section of the said act, shall be written bookwise upon paper of the same size and description as that on which bills are printed. Filing of scheme. Indorsement of solicitor's name Written scheme. Printed scheme. Numbering of pages. V. Every such scheme shall be filed in the office of the clerks of records and writs, and the declaration and affidavit required by section 6 of the said act shall be annexed to such scheme and filed at the same time therewith, and the clerks of records and writs shall not file any such scheme unless accompanied by such declaration and affidavit. VI. There shall be indorsed upon every scheme so filed as aforesaid the name and address of the solicitor and London agent (if any) of the company, and also the address for service of such solicitor in cases where an address for service is required by the general orders of the Court. VII. Where a written scheme is filed, the person bringing the same to be filed, shall, at the same time, leave with the clerks of records and writs a fair copy thereof, and the clerks of records and writs are to examine such copy with the scheme filed, and return it so examined with a certificate thereon that it is correct and proper to be printed. VIII. The directors are then to cause the scheme to be printed from such certified copy, on paper of the same size and description, and in the same type, style, and manner, as bills are required to be printed, and, before the expiration of four days from the filing of the scheme, are to leave a printed copy thereof with the clerks of records and writs, with a written certificate thereon by the solicitor of the company that such print is a true copy of the scheme so certified, and after the expiration of such four days, no evidence of the scheme having been filed shall be admissible until such printed copy thereof has been filed. IX. Every fifth line of each page of a printed scheme shall be numbered. |