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Railway Practice in Parliament: The Law and Practice of Railway and Other ...
James John Scott
No preview available - 2014
Act incorporated therewith Act of Parliament aforesaid alteration amendments appeared in support application appointed arbitrator authorized bill relating Board of Trade book of reference carriage certificate chairman clauses clerk commissioners committee of selection committee on petitions common seal compensation consent copy Court of Chancery declaration deed deposited directors Dublin Gazette Emendat entitled execution given House of Commons House of Lords intended interest Ireland joint stock companies justices lands lawful lessees locus standi Lords Spiritual meeting mittee mortgage notice occupiers offence owners paid pany parish Parliament assembled parties passing payment peace penalty person plans and sections prescribed present session Private Bill Office proceedings promoters proposed provisions purchase purpose railway bills registered respect road royal burghs Scotland second reading select committee share shareholders sheriff special Act Standing Order Committee subscription contract summons therein thereof thereto think fit tion tolls trustees undertaking unless
Page 258 - ... at any time before issue joined, 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 defendants are allowed to pay money into court.
Page 258 - Act ; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners...
Page 258 - Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant, Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio...
Page 258 - Charges of receiving the Tolls or Sums aforesaid, be fully paid; and upon such Appointment being made all such Tolls and Sums of Money as aforesaid shall be paid to and received by the Person so to be appointed ; and the Money so to be received shall be so much Money received...
Page 258 - Subject to the provisions and restrictions in this and the special Act, and any Act incorporated therewith, it shall be lawful for the company, for the purpose of constructing the railway, or the accommodation works connected therewith, hereinafter mentioned, to execute any of the following works...
Page 258 - ... not reduced into Writing, may be made by Parol on behalf of the Company by any Person acting under the express or implied Authority of the Company, and such Contract may in the same Way be varied or discharged: And all Contracts made according to the Provisions herein contained shall be effectual in Law, and shall be binding upon the Company and their Successors, and all other Parties thereto, their Heirs, Executors, or Administrators, as the Case may be.
Page 258 - In any action or suit to be brought by the com- Declaration pany against any shareholder to recover any money due J,"ysctlon fo* for any call it shall not be necessary to set forth the special matter, but it shall be sufficient for the company to declare that the defendant is the holder of one share or more in the company...
Page 258 - Act authorized to be taken, either upon the whole or upon any particular portions of the railway, as they shall think fit ; provided that all such tolls be at aU times charged equally to all persons, and after the same rate, whether per ton per mile or otherwise, in respect of all passengers, and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine, passing only over the same portion of the line of railway under the same circumstances...
Page 258 - ... the promoters of the undertaking, and shall operate to merge all terms of years attendant by express declaration, or by construction of law, on the estate or interest so thereby conveyed, and to bar and to destroy all such estates tail, and all other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever, of and in the lands comprised in such conveyances which shall have been purchased or compensated for by the consideration therein mentioned...
Page 279 - Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions, and upon the hearing of such appeal, the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant...