in equity or other judge to whom the application is made shall 7 & 8 VICT. C. 85 be authorised and required to grant, if he shall be of opinion that the act or acts of the railway company complained of is or are not authorised by law) to restrain the company from acting in such illegal manner, or to give such other relief as the nature of the case may require.

given to the com

pany.

XVIII. Provided always, and be it enacted, That no such Notice to be certificate as aforesaid shall be given by the Lords of the said Committee until twenty-one days after they shall have given notice to the company against or in relation to whom they shall have intended to give such certificate of their intention to give such certificate; and that no legal proceedings shall be commenced Prosecutions to under the authority of the Lords of the said Committee against sanction of the any railway company for any offence against any of the several Board of Trade, acts relating to railways or this act, or any general act relating year after the to railways, except upon such certificate of the Lords of the said offence. Committee as aforesaid, and within one year after such offence shall have been committed.

be under the

and within one

notes and other

panies pro

XIX. And whereas many railway companies have borrowed Issue of loan money in a manner unauthorised by their acts of incorporation illegal securities or other acts of Parliament relating to the said companies, upon by railway comthe security of loan notes or other instruments purporting to hibited. give a security for the repayment of the principal sums borrowed. at certain dates, and for the payment of interest thereon in the meantime: And whereas such loan notes or other securities issued otherwise than under the provision of some act or acts of Parliament have no legal validity, and it is expedient that the issue of such illegal securities should be stopped; but such loan notes or other securities having been issued and received in good faith as between the borrower and lender, and for the most part for the lawful purposes of the undertaking, and in ignorance of their legal invalidity, it is expedient to confirm such as have been already issued; be it enacted, That from and after the passing of this act any railway company issuing any loan note or other negotiable or assignable instrument purporting to bind the company as a legal security for money advanced to the said railway company otherwise than under the provisions of some act or acts of Parliament authorising the said railway company to raise such money and to issue such security, shall for every such offence forfeit to Her Majesty a sum equal to the sum for which such loan note or other instrument purports to be such security Provided always, that any company may renew any Loan notes such loan note or other instrument issued by them prior to the already issued passing of this act for any period or periods not exceeding five years from the passing of this act.

may be renewed,

7 & 8 VICT. c. 85.

Loan notes

be paid when

due.

XX. And be it enacted, That where any railway company, before the twelfth day of July one thousand eight hundred and already issued to forty-four, shall have issued or contracted to issue any such loan notes or other unauthorised instruments, the company may and shall pay off such loan notes or other instruments as the same may fall due, subject as herein before provided; and until the same shall be so paid off the said loan notes or other instruments shall entitle the holders thereof to the payment by the company of the principal sum and interest thereby agreed to be paid.

Register of loan notes.

Remedy for recovery of tithe

railway land.

XXI. And be it enacted, That a register of all such loan notes or other instruments shall be kept by the secretary; and such register shall be open, without fee or reward, at all reasonable times, to the inspection of any shareholder or auditor of the undertaking, and of every person interested in any such loan note or other instrument, desirous of inspecting the same.

XXII. And whereas the remedies now in force for the rent charged on recovery of tithe commutation rent-charges are in many instances ineffectual for such parts thereof as are charged upon lands taken for the purposes of a railway, and it is therefore expedient to extend the said remedies when the said rentcharges may have been duly apportioned; be it enacted, That in all cases in which any such rent-charge, or part of any rentcharge, has been or hereafter shall be duly apportioned under the provisions of the acts for the commutation of tithes in England and Wales, upon lands taken or purchased by any railway company for the purposes of such company or upon any part of such lands, it shall be lawful for every person entitled to the said rent-charge or parts of such rent-charge, in case the same has been or shall be in arrear and unpaid for the space of twenty-one days next after any half-yearly day fixed for the payment thereof, to distrain for all arrears of the said rent-charge upon the goods, chattels, and effects of the said company, whether on the land charged therewith, or any other lands, premises, or hereditaments of such company, whether situated in the same parish or elsewhere, and to dispose of the distress when taken, and otherwise to demean himself in relation thereto, as any landlord may for arrears of rent reserved on a lease for years: Provided always, that nothing herein contained shall give or be construed to give a legal right to such rent-charge, when but for this act such rent-charge was not or could not be duly apportioned.

Communications

XXIII. And it be enacted, That all notices, requisitions, Board of Trade, orders, regulations, appointments, certificates, certified copies,

to from

service of no

and other documents in writing, signed by some officer appointed 7 & 8 VICT. C. 85. for that purpose by the Lords of the said Committee, shall for the purposes of this act be deemed to have been made by the tices, &c. Lords of the said Committee; and all certificates of anything done by the Lords of the said Committee in relation to this act, and certified copies of the minutes of proceedings or correspondence of the Lords of the said Committee in relation thereto, signed by such officer, shall be deemed sufficient evidence thereof, and that in the absence of evidence to the contrary, without proof of the authority of the person signing the same or of the signature thereto, and service of the same at one of the principal offices of any railway company on the secretary or clerk of the said company, or by sending the same by post, addressed to him at such office, shall be deemed good service upon the said company; and all notices, returns, and other documents required by this act to be given to or laid before the Lords of the said Committee, shall be delivered at or sent by post addressed to the office of the Lords of the said Committee.

XXIV. And be it enacted, That all penalties under this act Penalties. for the application of which no special provision is made shall be recovered in the name and for the use of Her Majesty, and may be recovered in any of Her Majesty's Courts of Record, or in the Court of Session or in any of the sheriff-courts in Scotland.

act.

XXV. And be it enacted, That where the word "railway " Interpretation of is used in this act it shall be construed to extend to railways constructed under the powers of any act of Parliament; and when the words "passenger railway" are used in this act, they shall be construed to extend to railways constructed under the powers of any act of Parliament upon which one-third or more of the gross annual revenue is derived from the conveyance of passengers by steam or other mechanical power; and whenever the word "company" is used in this act it shall be construed to extend to include the proprietors for the time being of any such railway; and that where a different sense is not expressly declared, or does not appear by the context, every word importing the singular number or the masculine gender shall be taken to include females as well as males, and several persons and things as well as one person or thing.

XXVI. And be it enacted, That this act may be amended or Act may be repealed by any act to be passed in this session of Parliament.

amended this session.

1 & 2 Vict. c. 11.

9 VICT. c. 20.

An Act to amend an Act of the second year of her present Majesty, for providing for the Custody of certain Moneys paid, in pur suance of the Standing Orders of either House of Parliament, by subscribers to works or undertakings to be effected under the authority of Parliament.-[18th June 1846.]

WHEREAS an act was passed in the second year of the reign of her present Majesty Queen Victoria, intituled, "An Act to provide for the custody of certain moneys paid, in pursuance of the Standing Orders of either House of Parliament, by subscribers to works or undertakings to be effected under the authority of Parliament:" And whereas it is expedient that the said act should be repealed, and should be re-enacted, with such modifications, extensions, and alterations as after mentioned: Be it therefore 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, That the said act shall be and is hereby Moneys already repealed: Provided always, That all acts done under the provisions of the said act shall be good, valid, and effectual to all intents and purposes, and that all sums of money paid under the provisions of the said act shall be dealt with in all respects as if this act had not been passed.

Recited act repealed.

paid in to be dealt with as directed by former act.

Authority to deposit.

II. And be it enacted, That in all cases in which any sum of money is required by any standing order of either House of Parliament, either now in force or hereafter to be in force, to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an act of Parliament, if the director or person or directors or persons having the management of the affairs of such work or undertaking, not exceeding five in number, shall apply to one of the clerks in the office of the clerk of the Parliaments with respect to any such money required by any standing order of the Lords spiritual and temporal in Parliament assembled, or to one of the clerks of the private bill office of the House of Commons with respect to any such money required by any standing order of the Commons in Parliament assembled, to be deposited, it shall be lawful for the clerk so applied to, by warrant or order under his hand,

Custody of Deposits under Standing Orders. xlvii

to direct that such sum of money shall be paid in manner here- 9 VICT. c. 20. inafter mentioned; (that is to say,) into the Bank of England, in the name and with the privity of the Accountant-General of the Court of Chancery in England, if the work or undertaking in respect of which the sum of money is required to be deposited is intended to be executed in that part of the United Kingdom called England, or into any of the banks in Scotland established by act of Parliament or royal charter, in the name and with the privity of the Queen's Remembrancer of the Court of Exchequer in Scotland, at the option of the person or persons making such application as aforesaid, in case such work or undertaking is intended to be executed in that part of the United Kingdom called Scotland, or into the Bank of Ireland, in the name and with the privity of the Accountant-General of the Court of Chancery in Ireland, in case such work or undertaking is intended to be made or executed in that part of the United Kingdom called Ireland; and such warrant or order shall be a sufficient authority for the Accountant-General of the Court of Chancery in England, the Queen's Remembrancer of the Court of Exchequer in Scotland, and the Accountant-General of the Court of Chancery in Ireland, respectively, to permit the sum of money directed to be paid by such warrant or order to be placed to an account opened or to be opened in his name in the bank mentioned in such warrant or order.

deposit.

III. And be it enacted, That it shall be lawful for the person Payment of or persons named in such warrant or order, or the survivors or survivor of them, to pay (a) the sum mentioned in such warrant or order into the bank mentioned in such warrant or order in the name and with the privity of the officer or person in whose name such sum shall be directed to be paid by such warrant or order, to be placed to his account there ex parte the work or undertaking mentioned in such warrant or order, pursuant to the method prescribed by any act or acts for the time being in force for regulating moneys paid into the said courts, and pursuant to the general orders of the said courts respectively, and without fee or reward; and every such sum so paid in, or the securities in or upon which the same may be invested as hereinafter mentioned, or the stocks, funds, or securities authorised to be transferred or deposited in lieu thereof as hereinafter mentioned, shall there remain until the same, with all interest and dividends, if any, accrued thereon, shall be paid out of such bank, in pursuance of the provisions of this act: Provided always, that in case any such director or person, directors or persons, having the management of any such proposed work or undertaking as aforesaid, shall have previously invested in the