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President not dis

qualified to

sit in Parliament.

Unpaid commis

sioners not

mission, such fit salaries as shall be from time to time appointed, with due reference to their several stations and the duties they will have to perform.

7. And be it enacted, That the office of the said president shall not be deemed such an office as shall render him incapable of being elected or of sitting or voting as a member of the Commons House of Parliament, or as shall avoid his election if returned, or render him liable to any penalty for sitting or voting in Parliament.

8. And be it declared and enacted, That the office of any other of the said commissioners who shall not be entitled to receive a salary by reason of his appointment to such disqualified office, shall not be deemed such an office as shall render to sit in him incapable of being elected or of sitting or voting as a Parliament. member of the Commons House of Parliament, or as shall

Commissioners to exercise powers

vested in

board of trade.

Commis

report to

and both

avoid his election if returned, or render him liable to any penalty for so sitting or voting; and if any such unpaid commissioner shall be a member of the House of Commons at the time of his appointment, his acceptance of such appointment shall not avoid his election or vacate his seat in Parliament; and for the purpose of distinguishing which commissioners are qualified to sit in Parliament under this act, the warrant appointing any such commissioner shall specify that he will not be entitled, by virtue of such appointment, to receive any salary or remuneration whatsoever.

9. And whereas in some cases railway companies have exceeded the powers given to them under the acts constituting them, or have otherwise acted contrary to the provisions of the said acts, or of the general acts for regulating railways, be it enacted, That it shall be the duty of the said commissioners to prevent any such unlawful proceedings, by the exercise of any powers now vested in the lords of the said committee.

10. And be it enacted, That it shall be the duty of the sioners to said commissioners to examine and report to her Majesty and both Houses of Parliament upon any subject relating her Majesty to any railway, or proposed railway, which shall be specially referred to them for their opinion by her Majesty, or by Houses of either House of Parliament; and in the case of any application to Parliament for any act for making or maintaining any railway, it shall be their duty, if so directed by her Majesty or by the authority of either House of Parliament, to inquire and report, on local inspection or otherwise,

Parliament

upon any case specially referred to them.

Firstly, Whether there are any lines or schemes competing with the proposed railway:

Secondly, Whether by such bill it is proposed to take powers for uniting with such railway, or proposed (Scotland)

railway, any other railway or canal, or to purchase or
lease any railway, canal, dock, road, or other public
work, undertaking, or easement:

Thirdly, Whether by such bill it is proposed to consti-
tute any branch railway, or any other work in con-
nexion with the proposed railway:

Fourthly, Whether any plans, maps, and sections of any such proposed railway which, pursuant to any order of either House of Parliament, shall have been deposited in their office, are correct, and if not, in what particulars and how far they are incorrect, and whether or not, in the opinion of the commissioners, such errors as they shall find are material to the object for which such plans and sections are required.

posed rail

11. And be it enacted, That for the purposes aforesaid Commisthe said commissioners shall be empowered, by themselves, sioners emor by such inspectors as they shall appoint for that pur- powered to pose, to inspect and survey any proposed line of railway, inspect and and for the purposes of any such survey they and their survey proinspectors shall have all the powers which, under an act passed in the fifth year of the reign of her Majesty, in- ways. tituled "An Act to authorize and facilitate the completion 4 & 5 Vict. of a Survey of Great Britain, Berwick-upon-Tweed, and c. 30. the Isle of Man," any officers or persons appointed by or acting under the orders of the Master-General and Board of Ordnance have for the purpose of making and carrying on any survey authorized by the last-recited act; and all the provisions of the last-recited act in anywise relating to any such survey shall be deemed to apply, so far as they are applicable, to any survey which may be directed by the said commissioners under this act, provided that all allowances and payments made under this act of the same kind as those which by the last-recited act are to be paid out of the aids granted by Parliament to her Majesty on account of the Board of Ordnance, and also all other expenses incurred by the commissioners in making such survey and inspection, shall be paid by the provisional committee or directors or other persons who shall be the promoters of the said intended railway; and in case of non-payment of the same in any case, the amount of such allowances, payments, and expenses shall be deemed a specialty debt due to her Majesty from such committee men, directors, and other persons, and each of them severally, and shall be sued for and recovered accordingly.

12. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in this session of Par- amended. liament.

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INDEX

ΤΟ

PUBLIC ACTS, SCOTLAND.

Absent Parties-compensation to,

8 Vict. c. 19, ss. 56 to 66

service of notices on, before
taking temporary possession of
land, 8 & 9 Vict. c. 33, s. 29.
Access to Special Acts, 8 Vict. c. 17,
ss. 165, 166; c. 19, ss. 142, 143;
c. 33, ss. 153, 154
Accidents

-

entry upon adjoining
lands to repair, 5 & 6 Vict. c. 55,
s. 14: 8 & 9 Vict. c. 33, s. 28

returns of, 3 and 4 Vict.
c. 97, s. 3: 5 & 6 Vict. c. 55,
ss. 7, 8
Accommodation Works-the com-
pany empowered to construct,
8 & 9 Vict. c. 33, s. 16

company may take tempo-
rary possession of lands for the
construction of, 8 & 9 Vict. c. 33,
s. 27

for the use of owners and
occupiers of lands adjoining rail-
way, 8 & 9 Vict. c. 33, ss. 60 to 69
Accounts-auditing of, 8 Vict. c. 17,
ss. 109 to 111

deposit of, with sheriff clerks,
8 & 9 Vict. c. 33, s. 100

inspection of, by mortgagees
and bond creditors, 8 Vict. c. 17,
s. 58

keeping of, and right of in-
spection by shareholders, 8 Vict.
c. 17, ss. 118 to 122

to be kept by companies
liable to options of revision and
purchase, 7 & 8 Vict. c. 85, s. 5

Accountability of Officers, 8 Vict.
c. 17, ss. 112 to 117
Action-parties aggrieved by irre-
gular poinding and sale may re-
cover special damage by, 8 Vict.
c. 19, s. 134

parties entitled to right of
way over roads interfered with
by company, may recover special
damage by, 8 & 9 Vict. c. 33,
s. 48

parties not to recover by,
after tender of sufficient amends,
8 Vict. c. 17, s. 143; c. 19, s. 129;
c. 33, s. 131

- feu duties or ground annuals
may be recovered by, 8 Vict. c. 19,

s. 11

service of proceedings in,

8 Vict. c. 17, s. 137
Actions for Calls may be brought
by company against shareholders,
8 Vict. c. 17, ss. 26 to 29
Actions for enforcing Contracts may
be brought by or against Com-
pany, 8 Vict. c. 17, s. 100
Acts-form in which portions of,
may be incorporated with other
acts, 8 Vict. c. 17, s. 5; c. 19,
s. 5; c. 33, s. 5

operation of, 8 Vict. c. 17,
s. 1; c. 19, s. 1; c. 33, s. 1

- prosecutions to enforce pro-
visions of, 7 & 8 Vict. c. 85,
ss. 17, 18

the powers and authority
vested in the Board of Trade by

virtue of, transferred to the com-
missioners of railways, 9 & 10
Vict. c. 105, ss. 2, 9
Acts upon the passing of the,
money deposited in the Bank, in
pursuance of any standing orders,
to be repaid, 9 Vict. c. 20, s. 5
Additional Stations-purchase of
lands for, 8 & 9 Vict. c. 33, s. 38
Addresses of Shareholders to be
entered in shareholders' address
book, 8 Vict. c. 17, s. 10
Adjournment of inquiry before she-
riff, respecting lands proposed to
be taken for temporary purposes,
8 & 9 Vict. c. 33, s. 31

of meetings of committees
of directors, 8 Vict. c. 17, s. 99

of meetings of directors,

8 Vict. c. 17, s. 95

of meetings of shareholders,
8 Vict. c. 17, s. 77
Admiralty-consent of the, to ex-
ecution of works below high-
water mark, 8 & 9 Vict. c. 33, s. 17
Advertisement-notices by, 8 Vict.
c. 17, s. 140

Agreement-purchase of lands by,
8 Vict. c. 19, ss. 6 to 16

purchase and taking of lands
otherwise than by, 8 Vict. c. 19,
ss. 17 to 66

between Postmaster General
and company as to remuneration
for conveyance of mails, 1 & 2
Vict. c. 98, ss. 6, 7, 17
Alteration of dangerous level cross-
ings, 5 & 6 Vict. c. 55, s. 13
Amalgamated Railways-tolls on,
8 & 9 Vict. c. 33, s. 84
Amends-tender of, 8 Vict. c. 17,

s. 143; c. 19, s. 129; c. 33, s. 131
Ammunition-conveyance of, 5 & 6
Vict. c. 55, s. 20: 7 & 8 Vict.
c. 85, s. 12

Appeal to Board of Trade by owners
of lands against deviations in the
levels of railways, 8 & 9 Vict.
c. 33, s. 12

Appeal to Quarter Sessions, against

decision of justices with respect
to any penalty or forfeiture, 8 Vict.
c. 17, ss. 163, 164; c. 19, ss. 140,
141; c. 33, ss. 151, 152

Appeal to Sheriff against decision
of sheriff substitute, 8 Vict. c. 17,
s. 162; c. 19, s. 139; c. 33,
s. 150
Application of capital, 8 Vict. c. 17,
s. 68
Application of penalties, 5 & 6 Vict.
c. 55, s. 22: 7 & 8 Vict. c. 85,
s. 24: 8 Vict. c. 17, s. 154; c.
19, s. 135; c. 33, s. 142

of purchase money or com-
pensation coming to parties hav-
ing limited interests, or prevented
from treating, or not making title,
8 Vict. c. 19, ss. 67 to 79
Appointment of judicial factor,
8 Vict. c. 17, ss. 56, 57

and duties of auditors,

8 Vict. c. 17, ss. 104 to 111

and rotation of directors,
8 Vict. c. 17, ss. 84 to 92
Apportionment of Rent payable in
respect of lands subject to leases,
8 Vict. c. 19, s. 112

Apportionment of Rent Charges,
when part only of lands subject
thereto are required, 8 Vict. c. 19,
s. 109
Approach to Mansion House not to
be temporarily used by company,
8 & 9 Vict. c. 33, s. 25
Approaches to Highways crossed
by a railway on the level, 8 & 9
Vict. c. 33, ss. 52, 54, 57
Aqueducts may be constructed over
rivers, &c., described in the de-
posited plans, 8 & 9 Vict. c. 33,
s. 16

Arbitration-settlement of disputes
by, 8 Vict. c. 17, ss. 131 to 136;
c. 33, ss. 119 to 129

- as to amount to be paid by
treasury for purchase of railways,
7 & 8 Vict. c. 85, s. 2

as to compensation to
owners and occupiers of lands,
8 Vict. c. 19, ss. 23 to 35, 62 to
66, 118

as to construction or con-
dition of carriages, 8 & 9 Vict.
c. 33, s. 110

as to fitness or unfitness of
engines, 8 & 9 Vict. c. 33, s. 108
as to price to be paid by

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