29 & 30 VICT. c. 103. THE SECOND SCHEDULE. Declaration on Mortgage Deed, Bond, or Certificate of Debenture Stock. The We, the undersigned, being two of the directors of the company specially authorised and appointed for this purpose, and I, the undersigned registered officer of the company, do hereby declare (each for himself) that the within written [or as the case may be] mortgage deed [or bond or certifcate] is issued under the borrowing powers of the company as registered* on the day of and is not in excess of the amount there stated as remaining to be borrowed. Dated this day of 18 . Directors. Secretary or accountant. [or as the case may be,} and registered officer. Note. Where the case so requires with reference to a statement under the first schedule, part ii., leave out from the* to the end of the form and insert:-on the day of and is not in excess of the amounts there stated as remaining and author ised to be borrowed. day of and the Where the mortgage deed, bond, or certificate is issued under a power of re borrowing, or of issuing debenture stock in discharge of mortgage or bond debt, leave out from the ✈ to the end of the form, and insert:-in substitution for a mortgage deed [or bond] which has since been paid off. Short title. Interpretation of terms. THE RAILWAYS (EXTENSION OF TIME) ACT, 1868. (31 VICT. C. 18.) An Act to give further Time for making certain Railways.[29th May 1868.] BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. This act may be cited as "The Railways (Extension of Time) Act, 1868." II. In this act The term "company" means a railway company; that is to Extension of Time by Board of Trade. ccxix The term "share" includes "stock:" 31 VICT. c. 18. time. III. Where it is desired that the time limited for the com- Power for company to apply to pletion by a company of a railway or part of a railway, or of Board of Trade for extension of a work, or for the purchase by them of lands for the purpose thereof, be extended, then, subject and according to the provisions of this act, within one year after the passing of this act, an application for that purpose may be made to the Board of Trade by or on behalf of the company. with assent of IV. An application under this act shall not be entertained Application only by the Board of Trade unless it is made with the assent of shareholders. three-fifths in value of the votes of the holders of the shares in the subscribed capital of the company, recorded at an extraordinary meeting of the company convened for the purpose. holders. V. Where a meeting is called for the purposes of this act, Circular to sharethe secretary of the company shall, seven clear days at least before the day appointed for the meeting, send by post to each registered shareholder, to his registered or known address, a circular, which shall be in the form given in the schedule to this act, with such variations as circumstances require, and with such modifications (if any) as the Board of Trade approve. cation of assent VI. Each shareholder may signify his assent to or dissent Mode of signififrom the proposed application in the manner indicated in the or dissent. circular sent. VII. At the meeting the shareholders personally present shall Meeting to elect elect three shareholders to be scrutineers. scrutineers. assents or dis VIII. The scrutineers shall ascertain and record the propor- Ascertainment of tion of capital held by shareholders assenting, and shall report sents. it to the chairman, who shall announce it to the meeting, and state whether the proposed application is assented to by the requisite proportion or not. only to be IX. In the computation of assents a share shall not be What shares reckoned unless the holder thereof is duly registered, and has reckoned. paid on all shares held by him all calls due by him made three months or upwards before the day of the meeting or of the pre 31 VICT c. 18. sentation to the directors of the requisition (if any) on which the meeting is held. Adjournment on application of scrutineers. Decision of scrutineers final. Notice of applica &c. X. For the purpose of receiving the report of the scrutineers, the chairman may, if he thinks fit, on the application of any one of the scrutineers, and shall, if required by more than one of them, adjourn the meeting to a day appointed by him, being not less than one or more than seven clear days from the day of the meeting. XI. The decision of the scrutineers, or any two of them, on any matter to be decided by them under this act, shall be final. XII. When an application has been made to the Board of tion in Gazette, Trade in accordance with this act, then, if it appears to them that there are sufficient grounds for entertaining the application, they shall direct notice of the fact that the application has been made to be given, by or on behalf of the company, by advertisement (in a form approved by the Board of Trade) once in the Gazette and once in each of three successive weeks in a newspaper published or circulating in each of the counties in which any portion of the railway, part of a railway, works or lands to which the application relates is situate, and by bills affixed, on three successive Sundays, on the principal outer door of the church or churches in every parish in which any portion of the railway, part of a railway, works or lands is situate; and every such notice shall state when and how any person, company, or corporation objecting to the application may bring his objection before the Board of Trade. Extension of of Board of Trade. XIII. The Board of Trade, on proof to their satisfaction that time by warrant notice has been duly given, and on the expiration of the time allowed for objections, and after considering the objections, (if any,) may, if they think fit, by warrant, (signed by their secre tary or one of their assistant secretaries,) according to the nature of the application made to them, and on such terms and conditions (if any) as they think fit, extend the time limited for the completion of the railway, or of any part thereof, or of any works, or may (with or without extension of the time aforesaid) extend the time limited for the purchase of any lands for the purpose of the railway, or of any part thereof, or of any works, for such time in each case as they think fit, not exceeding in any case two years from the expiration of the respective time limited; and every such warrant shall have effect as if the provisions thereof had been enacted by Parliament: provided that no such Extension of Time-Warrant-Compensation. ccxxi warrant shall be granted unless the Board of Trade, having 31 VICT. c. 18. ascertained the state and condition of the company in the manner provided in the fourteenth section of the Abandonment of Railway Act, 1850, see reason to believe that the company will be able to complete the railway, part of a railway, or works within the extended time named in the warrant, for which purpose the Board of Trade shall have all the powers of that section, and the provisions of that section shall extend and apply to the case of proceedings under this act. XIV. Within one month after the warrant is issued by the Notice of Board of Trade they shall give notice thereof in the Gazette. Gazette. warrant in or extension of XV. Justices, arbitrators, umpires, and juries, in estimating Compensation the compensation to be made by the company to the owners or time. occupiers of or persons interested in lands, shall have regard to and make compensation (a) for the additional damage (if any) sustained by those owners, occupiers, or persons by reason of any extension of time under this act. (a) See the notes to s. 68 of the Lands Clauses Act, 1845, ante, p. 196, and to s. 123, ante, p. 287. notices before XVI. Where before the passing of this act, a contract has Saving for been entered into by a company, for the taking of lands for their contracts and railway or works, this act shall not authorise, as regards those act. lands, any extension of the time limited for the purchase of lands; and every such contract shall continue to have effect as if this act had not been passed. THE SCHEDULE. Form of Circular and of Assent or Dissent. The Railways (Extension of Time) Act, 1868. The at on the Company. An extraordinary meeting of the shareholders of this company will be held at day of o'clock, for the purpose of determining whether or not an application shall be made to the Board of Trade, under the above-mentioned act, for an extension of the time limited by [state the act or acts limiting the time proposed to be extended] for [state the matter to which the limitation relates]. You are requested to signify your assent to or dissent from the proposed application by writing in the fourth column of the following table the word assenting or dissenting, as the case may be, and signing your name there 31 VICT. c. 18 under, and by returning this circular, so filled up and signed, to me, so that I shall receive the same on or before the day next preceding the day of the meeting, but if your assent or dissent is not received at latest on the day next preceding the day of the meeting it will not be computed. * The secretary will insert these particulars. In this column the shareholder will write the word assenting or dissenting, as the case may be, and sign his name thereunder. (Signed) Secretary. Examiners of petitions. Committee on COMMONS' STANDING ORDERS,* 1867-68. 1.-APPOINTMENT OF COMMITTEES AND EXAMINERS OF PETITIONS FOR PRIVATE BILLS. 1. There shall be one or more officers of this House, to be called "The Examiners of Petitions for Private Bills," who shall be appointed by Mr Speaker (a). (a) In the House of Lords the examiners are appointed by the House: (L. S. O. exciii. 1.) 2. There shall be a committee, to be designated "The Select Standing Orders, Committee on Standing Orders," to consist of eleven members, *The Lords' standing orders have not been printed in extenso, but are referred to after each corresponding section of the Commons' orders, and such of them only as relate exclusively to proceedings in the House of Lords are set out at length, and marked with Roman numerals. |