Power to Promoters to Purchase Land. clxxxiii C. 121. the promoters had obtained a special act incorporating the Lands 27 & 25 VICT. Clauses Acts, and authorising them to make the railway, and to purchase or take the lands required for the same; subject, nevertheless, to the following restrictions and provisions; namely, (1.) Nothing herein shall confer on the promoters and parties aforesaid any of the powers or capacities conferred by the part of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement, or by the part of those acts with respect to the entry upon lands by the promoters of the undertaking, or by such provisions of those acts as provide for the determination or ascertainment of the amount of any purchase or compensation money, or the settlement of any apportionment or other matter, otherwise than by agreement, (except only as to such of those provisions as provide for the determination of the amount of compensation to be paid for enfranchisement of copyholds; and for the purposes of the present section, section 96 of the Lands Clauses Consolidation Act, 1845, relating to the enfranchisement of copyholds, shall be read and have effect as if the limitation of time therein contained were omitted therefrom :) (2.) Any party under disability or incapacity, and not having power to sell and convey or release any lands, except under the Lands Clauses Acts, as applied by the present section, shall have capacity only to contract with the promoters for the sale of those lands, and shall not (before such a certificate of the Board of Trade, as is hereinafter provided for, comes into operation) have capacity, further or otherwise than if this act had not been passed, to carry the contract into execution, or in pursuance thereof to convey or deliver possession of or release those lands: (3.) The promoters (before such a certificate as aforesaid comes into operation) shall be empowered by this act only to contract for lands, and they shall not have capacity, further or otherwise than if this act had not been passed, to take or hold lands. of lands belong caster or Corn IV. Where lands required for the railway belong to or are Contracts for sale enjoyed by Her Majesty the Queen, her heirs or successors, in ing to the Crown right of the Crown, or form part of the possessions of the or Duchy of LanDuchy of Lancaster or of the Duchy of Cornwall, any contract wall. for the purposes of this act may be entered into in respect of those lands, as follows: namely, In the first-mentioned case, by the Commissioners of Her After land contracted for, power them, with the consent of the Commissioners of Her Majesty's Treasury; In the secondly-mentioned case, by the Chancellor of the Duchy by writing under his hand attested by the Clerk of the Council of the Duchy; In the thirdly-mentioned case, by the Duke of Cornwall or other the persons for the time being empowered to dispose for any purpose of lands of the Duchy." V. Notwithstanding anything in this act, it shall not be necessary for the promoters, before applying under this act for authority to make the railway, to enter into any contract with respect to any part of a turnpike road or public highway intended to be taken or used, or to be diverted or otherwise interfered with, for the purposes of the railway; but the Board of Trade, before they settle a draft of such a certificate as hereinafter provided for, shall be satisfied that due provision is made for the interests of the trustees or other persons having the management of every such road or highway, and for the safety and convenience of the public in relation thereto. Application for Certificate. VI. When the promoters have contracted for the purchase of for promoters to all the lands required for the railway, and are desirous of obtainapply for certifi- ing a certificate under this act, they shall proceed as follows: cate, publish notices, &c. Consideration of application by namely, (1.) They shall apply to the Board of Trade for a certificate under this act : (2.) They shall deposit maps, plans, sections, and books of reference, and an estimate of the expense of the construction of the railway, and lodge a draft of the certificate as proposed by them, according to the general rules under this act: (3.) They shall publish notice of the application according to such general rules. VII. As soon as conveniently may be after the time for comBoard of Trade. pletion of the required deposit and notice, the Board of Trade shall proceed to inquire in such manner and to such extent as shall appear to them sufficient, whether the promoters have contracted for the purchase of all the lands required for the railway, and to inquire whether the promoters have complied with the requirements of the general rules respecting deposit Board of Trade to consider all and notice. VIII. The Board of Trade, before settling the draft of a Certificate for Construction of Railway. clxxxv certificate, shall take into consideration any representation 27 & 28 VICT. made to them, and shall duly inquire into the merits of any objection brought before them respecting the application. c. 121. representations and objections. tion, proceedings Trade to cease. Opposition of Railway or Canal Company to Undertaking. IX. If in any case any railway or canal company desire to on railway or be heard by counsel, agents, and witnesses against the proposed affected giving canal company undertaking, and (within such time as is prescribed by general notice of opposirules under this act) lodge at the office of the Board of Trade a before Board of notice in writing to that effect (hereinafter referred to as a notice of opposition) in the form set forth in the schedule to this act, (with such variations as circumstances require,) in that case the Board of Trade, if the railway or canal company lodging the notice would be affected in any way by the proposed undertaking, shall not proceed on the application of the pro moters. ings to be in X. Where the Board of Trade do not proceed on the appli- Further proceedcation, they shall, not later in any year than the fifteenth day Parliament. of February, if Parliament is then sitting, and if not, then within seven days after the next meeting of Parliament, lay before both Houses of Parliament a copy of the draft certificate lodged by the promoters and of the notice of opposition; and the promoters shall be at liberty to seek by way of bill in the same session, in such manner and on such conditions as the Houses of Parliament respectively, by standing order or otherwise, from time to time direct, such powers as were sought by them by way of certificate. Settlement of Draft Certificate. of Trade to settle XI. Where the Board of Trade proceed on the application, Power of Board then on being satisfied that the promoters have contracted for certificate. the purchase of all the lands required for the railway, and have complied with the requirements of the general rules respecting deposit and notice, they may, if they think fit, settle a draft of a certificate certifying to the effect that the company, or persons therein specified, are authorised to make the railway therein described. XII. The Board of Trade may (subject to the provisions of Insertion of conthis act) insert in the draft certificate such provisions as they, cate. according to the circumstances of the case, deem necessary or proper for better effectuating the purposes of the certificate; and the same shall be deemed to all intents part of the certificate. 27 & 28 VICT. C. 121. Form of certificate. Draft certificate to be laid before XIII. The certificate may be in the form set forth in the schedule to this act, with such provisions as aforesaid. Submission of Draft Certificate to Houses of Parliament. XIV. The Board of Trade shall lay the draft certificate Houses of Par- settled by them before both Houses of Parliament, within seven days after the same is settled, if Parliament is then sitting, and if not, then within seven days after the next meeting of Parliament, but not later in any year than the first day of June. liament. Notice thereof to be given. If either House resolve that certificate ought not to be made, it shall not be proceeded with. If neither House tificate ought not XV. On the draft certificate being settled, the promoters shall give notice thereof according to general rules under this act. XVI. If either House of Parliament, within six weeks after the draft of a certificate settled by the Board of Trade is laid before that House, resolves that the certificate ought not to be made, the same shall not be further proceeded with; and in that case all contracts for the purchase or taking of lands for the purposes of the undertaking shall cease to be binding on either party. Issue, Publication, and Effect of Certificate. XVII. If neither House of Parliament within the period resolve that cer- aforesaid thinks fit to resolve that the certificate ought not to to be made, Board be made, then as soon as the period of six weeks after the laying issue the same. of the draft certificate before both Houses of Parliament has expired, the Board of Trade may make and issue a certificate in conformity with such draft. of Trade may Publication of certificate in Gazette. Operation of XVIII. The certificate shall be published in the London or Edinburgh or Dublin Gazette, respectively, if the railway will be situate wholly in England or Scotland, or in Ireland; and shall be published both in the London and in the Edinburgh Gazette, if the railway will be situate partly in England and partly in Scotland. XIX. As from the time (not being prior to such publication) in the certificate prescribed, and if none is prescribed then as from the time of such publication, the certificate shall have the same force and operation, and shall be as absolutely valid and conclusive to all intents, as if the contents thereof (taken in conjunction with this act) had been expressly enacted by Parliament; and the validity of the certificate shall not be im Application of Lands Clauses Act. clxxxvii peached on account of any alleged informality in any court or 27 & 28 VICT. elsewhere. c. 121. of certificate. XX. The certificate shall be judicially noticed without being Judicial notice specially pleaded. XXI. Terms used in the certificate shall have the same mean- Interpretation ings as they have when used in this act. Duration of Powers under Certificate. of certificate. prescribed time. XXII. If the company, or persons by the certificate em- Cesser of powers powered to make the railway, do not within five years from the at expiration of commencement of the operation of the certificate, or within any shorter period prescribed therein, complete the railway and open it for public traffic, then (subject to any provisions and qualifications in the certificate contained) all the powers and authorities given by the certificate shall, from and after the expiration of the time aforesaid, cease, except as to so much of the railway as is then completed. Lands. Lands Clauses XXIII. The Lands Clauses Acts shall be incorporated with Incorporation of the certificate (which shall for this purpose be deemed the Acts in certifi special act) except as may be therein excepted, and except as cate, except to the following provisions; namely, provisions giving compulsory (1.) With respect to the purchase and taking of lands other powers, &c. wise than by agreement: (2.) With respect to the entry upon lands by the promoters of the undertaking: (3.) So much of those acts as provides for the determination or ascertainment of the amount of any purchase or compensation money, or the settlement of any apportionment or other matter, otherwise than by aggreement, (but excluding from this exception so much of those acts as provides for the determination of the amount of compensation to be paid for enfranchisement of copyholds.) Incorporation of Company. company shall XXIV. Where the promoters are not a company incorpor- In what cases ated, (by special act, or by previous certificate under this act,) be incorporated and are seven or more in number, a company shall be incorporated by the certificate, for the purposes thereof. XXV. Where the promoters are not a company incorporated In others comby special act, or by previous certificate under this act, and are corporated. pany may be in |