Copies to the common seal of the company; and a copy of such be given to bye-laws shall be given to every officer and servant of the officers &c. company affected thereby. of such Fines may 128. It shall be lawful for the company, by such byebe imposed laws, to impose such reasonable penalties upon all persons, for breach being officers or servants of the company, offending against such bye-laws, as the company think fit, not exceeding bye-laws. five pounds for any one offence. Bye-laws to 129. All the bye-laws to be made by the company shall besoframed be so framed as to allow the sheriff or justices before that penal- whom any penalty imposed thereby may be sought to be ties may be recovered to order a part only of such penalty to be paid, mitigated. if such sheriff shall think fit. Evidence of 130. The production of a written or printed copy of bye-laws. the bye-laws of the company, having the common seal of the company affixed thereto, shall be sufficient evidence of such bye-laws in all cases of prosecution under the Arbitration. Where are to be same. And with respect to the settlement of disputes by arbitration, be it enacted as follows : 131. When any dispute directed by this or the special act, or any act incorporated therewith, to be settled questions by arbitration, shall have arisen, then, unless both parties determined shall concur in the appointment of a single arbitrator, by arbitra- each party, on the request of the other party, shall tion, arbi- by writing under his hand nominate and appoint an arbi trators to fourteen trator to whom such dispute shall be referred; and after be appoint any such appointment shall have been made neither party ed within shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as such revocation; and if for the space of fourteen days after any such dispute shall have arisen, and after a request in writing shall have been served by the one party days after notice on the other party to appoint an arbitrator, such lastOn failure mentioned party fail to appoint such arbitrator, then upon of one party such failure the party making the request, and having the other himself appointed an arbitrator, may appoint such arbimay appoint trator to act on behalf of both parties, and such arbitrator arbitrator to may proceed to hear and determine the matters which act on be- shall be in dispute; and in such case the award or deterhalfofboth. mination of such single arbitrator shall be final. If any arbi- 132. If before the matters so referred shall be detertrator die or mined any arbitrator appointed by either party die, or berefuse to come incapable or refuse or for seven days neglect to act act, another as arbitrator, the party by whom such arbitrator was apmay be nominated. pointed may nominate and appoint in writing some other person to act in his place; and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrator may proceed ex parte; and every arbitrator so to be sub- On failure, stituted as aforesaid shall have the same powers and the remainauthorities as were vested in the former arbitrator at the ing arbitratime of such his death, refusal, or disability as aforesaid. tor may act. 133. Where more than one arbitrator shall have been Arbitrators appointed such arbitrators shall, before they enter upon to appoint the matters so referred to them, nominate and appoint by umpire. writing under their hands an umpire to decide on any such matters on which they shall differ; and if such um- If umpire pire shall die, or refuse or for seven days neglect to act, die or refuse they shall forthwith after such death, refusal, or neglect to act, anappoint another umpire in his place; and the decision of other to be every such umpire on the matters so referred to him shall appointed. be final. 134. If in either of the cases aforesaid the said arbitra- In the case tors shall refuse, or shall, for seven days after request of of railways, either party to such arbitration, neglect to appoint an lord ordiumpire, it shall be lawful for the lord ordinary, on the nary may application of either party to such arbitration, to appoint appoint an an umpire; and the decision of such umpire on the matters umpire. on which the arbitrators shall differ shall be final. 135. The said arbitrators or their umpire may call for Arbitrators the production of any documents in the possession or may call for power of either party which they or he may think ne- documents cessary for determining the question in dispute, and may and admiexamine the parties or their witnesses on oath, and ad- nisteroaths. minister the oaths necessary for that purpose, and may also grant diligence for the recovery of such documents as either party may require, or for citing witnesses; and, on application to the lord ordinary, letters of supplement, or such other writ as may be necessary, shall be issued by the lord ordinary, in support of such diligence. 136. Except where by this or the special act, or any Costs to be act incorporated therewith, it shall be otherwise provided, in the disthe costs of and attending every such arbitration to be cretion of determined by the arbitrators shall be in the discretion of the arbitrathe arbitrators or the umpire, as the case may be. tors. And with respect to the giving of notices, be it enacted Notices. as follows: 137. Any summons or notice, or any writ, or other Service of proceeding, at law or in equity, requiring to be served notices upon the company, may be served by the same being left upon comat, or transmitted through the post directed to the princi- pany. pal office of the company, or one of their principal offices, where there shall be more than one, or being given personally to the secretary, or in case there be no secretary then by being given to any one director of the company. 138. Notices requiring to be served by the company Service of upon the shareholders may, unless expressly required to notices by company on be served personally, be served by the same being transsharehold- mitted through the post directed according to the regis ers. Notices to joint proprietors of shares. Notices by advertise ment. Authentica tices. tered address or other known address of the shareholder, within such period as to admit of its being delivered in the due course of delivery within the period (if any) prescribed for the giving of such notice; and in proving such service it shall be sufficient to prove that such notice was properly directed, and that it was so put into the post-office. 139. All notices directed to be given to the shareholders shall, with respect to any share to which persons are jointly entitled, be given to whichever of the said persons shall be named first in the register of shareholders; and notice so given shall be sufficient notice to all the proprietors of such share. 140. All notices required by this or the special act, or any act incorporated therewith, to be given by advertisement, shall be advertised in the prescribed newspaper, or if no newspaper be prescribed, or if the prescribed newspaper cease to be published, in a newspaper circulating in the district within which the company's principal place of business shall be situated. 141. Every summons, demand, or notice, or other tion of no- such document requiring authentication by the company, may be signed by two directors, or by the treasurer or the secretary of the company, and need not be under the common seal of the company, and the same may be in writing or in print, or partly in writing and partly in print. Proof of debts in су. 142. And be it enacted, That if any person against whom the company shall have any ciaim or demand bebankrupt come bankrupt, or take the benefit of any act for the relief of insolvent debtors, it shall be lawful for the secretary or treasurer of the company, in all proceedings Secretary or against the estate of such bankrupt or insolvent, or under may act on any fiat, sequestration, or act of insolvency against such bankrupt or insolvent, to represent the company, and company act in their behalf, in all respects as if such claim or demand had been the claim or demand of such secretary or treasurer, and not of the company. treasurer behalf of Tender of 143. And be it enacted, That if any party shall have comamends. mitted any irregularity, trespass, or other wrongful proceeding in the execution of this or the special act, or by After tender virtue of any power or authority thereby given, and if, of sufficient before action brought in respect therof, such party make amends, tender of sufficient amends to the party injured, such lastparty not to recover in mentioned party shall not recover in any such action; any action. and if no such tender shall have been made it shall be lawful for the defender, by leave of the court where such action shall be pending, at any time before the record is closed, to pay into court such sum of money as he shall think fit; and thereupon such proceedings shall be had as in other cases where defenders are allowed to pay money into court. And with respect to the recovery of damages not spe- Recovery of damages cially provided for, be it enacted as follows: 144. In all cases where any damages, costs, or expenses and penalare by this or the special act, or any act incorporated ties. therewith, directed to be paid, and the method of ascertaining the amount or enforcing the payment thereof is Damages not provided for, such amount, in case of dispute, shall be not otherwise proascertained and determined by the sheriff; and if the vided for, amount so ascertained be not paid by the company or may be asother party liable to pay the same within seven days after certained demand, the amount may be recovered by poinding and by sheriff. sale of the goods of the company or other party liable as aforesaid; and the sheriff shall, on application, issue his warrant accordingly. 145. If sufficient goods of the company cannot be found If goods of whereon to levy any such damages, costs, or expenses, company payable by the company, the same may, if the amount cannot be thereof do not exceed twenty pounds, be recovered by found, then poinding and sale of the goods of the treasurer of the by sale of company; and the sheriff, on application, shall issue his goods of warrant accordingly; but no such poinding and sale shall treasurer. be executed against the goods of such treasurer unless seven days' previous notice in writing, stating the amount so due, and demanding payment thereof, have been given Notice to to such treasurer, or left at his residence; and if such treasurer. treasurer pay any money under such distress or poinding and sale as aforesaid, he may retain the amount so paid by him, and all costs and expenses occasioned thereby, Treasurer out of any money belonging to the company coming into may sue the his custody or control, or he may sue the company for the company. same. 146. Where, in this or the special act, or any act incor- Proceedporated therewith, any question of expenses, charges, or ings before damages is referred to the determination of any sheriff or sheriff or justices, it shall be lawful for the sheriff or any justice, justices in upon the application of either party, to summon the other questions party to appear before such sheriff, or before two justices, of damages, as the case may require, at a time and place to be named &c. in such summons; and upon the appearance of such parties, or, in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such sheriff, or such two justices, as the case may be, to hear and determine such question, and for that purpose to examine such parties or any of them, and their witnesses, on E Company penalty is oath; and the costs of every such inquiry shall be in the discretion of such sheriff or justices, and he or they shall determine the amount thereof. 147. The company shall publish the short particulars of to publish the several offences for which any penalty is imposed by short par- this or the special act, or any act incorporated therewith, ticulars of or by any bye-law of the company affecting other persons offences for than the shareholders, officers, or servants of the company, which any and of the amount of every such penalty, and shall cause imposed, such particulars to be painted on a board, or printed upon and affix in paper and pasted thereon, and shall cause such board to be conspicu- hung up or affixed on some conspicuous part of the prinous places, cipal place of business of the company, and where any such penalties are of local application shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable or have reference; and such particulars shall and renew be renewed as often as the same or any part thereof is when obli- obliterated or destroyed; and no such penalty shall be recoverable unless it shall have been published and kept published in the manner hereinbefore required. terated. Penalty for defacing 148. If any person pull down or injure any board put up or affixed as required by this or the special act, or any boards used act incorporated therewith, for the purpose of publishing for such any bye-law or penalty, or shall obliterate any of the publication. letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board. Penalties tices. 149. Every penalty or forfeiture imposed by this or the may be re- special act, or by any bye-law made in pursuance thereof, covered be- the recovery of which is not otherwise provided for, may fore sheriff be recovered by summary proceeding before the sheriff o or two jus two justices; and on complaint being made to any sheriff or justice he shall issue an order requiring the party complained against to appear before himself, if the order be issued by a sheriff, or before two or more justices, if the order be issued by a justice, at a time and place to be named in such order; and every such order shall be served on the party offending, either in person or by leaving the same with some inmate at his usual place of abode; and upon the appearance of the party complained against, or in his absence, after proof of the due service of such order, it shall be lawful for any sheriff or two justices to proceed to the hearing of the complaint; and upon proof of the offence, either by the confession of the party complained against, or upon the oath of one credible witness or more, it shall be lawful for such sheriff or justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such Upon ap pearance or proof of service of order, she riff or jus |