24 & 25 VICT. cap. 50. An Act for facilitating the Transfer of Mortgages 66 66 s. 14 WHEREAS by an act passed in the sixteenth and seven- 16 & 17 teenth years of the reign of her present majesty queen Vict. c. 59, Victoria, (chapter fifty-nine,) it is provided that "where on the original making and issuing of any bond or mortgage given by public companies under the provi"sions of acts of parliament, as securities for money which 66 such companies are by the said acts expressly empowered 66 or authorized to borrow, and before any transfer or assignment thereof, such bond or mortgage shall be 66 stamped with an amount of stamp duty equal to three "times the amount of the ad valorem stamp duty charge"able thereon by law, and over and above the said ad "valorem duty, then every transfer or assignment there"after made of such bond or mortgage by endorsement "thereon shall be deemed to be exempt from the stamp "duty which would otherwise be payable in respect of "such transfer or assignment:" And whereas it is expedient to make provision for regulating the force and effect of bonds and mortgages so stamped granted by railway companies in Scotland, and of the transfer or assignment thereof by endorsement thereon: 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: may be 1. From and after the passing of this act, any per- Mortgages son entitled to any mortgage or bond granted by any and bonds railway company in Scotland, under the powers con- by railway tained in any act of parliament, may from time to time companies transfer his right to and interest in such mortgage or bearing a bond to any other person by signing on the back of such certain mortgage or bond an endorsement in the form prescribed stamp duty by the schedule to this act, or to the like effect; provided always, that such mortgage or bond shall, on the by endorseoriginal making and issuing thereof, and before any ment. transfer or assignment thereof, have been stamped with an amount of stamp duty equal to three times the amount of the ad valorem stamp duty chargeable thereon by law, and over and above the said ad valorem duty, and have been duly registered in the books of such company, transferred 8 & 9 Vict. in terms of the companies clauses consolidation (Scotland) act, 1845. c. 17. Endorse 2. Every such endorsement shall be exempt from stamp ments to be duty, and shall have the same force and effect in all reexempt spects as the transfer of any mortgage or bond by deed from stamp executed according to the form and registered in terms of the provisions prescribed by the said companies clauses consolidation (Scotland) act, 1845. effect of as- 3. In this act the expression "person "shall include signments. company, firms, and incorporations. duty and to have "Person." 4. In citing this act, it shall be sufficient for all purShort title. poses to use the expression, "The Railway Companies Mortgage Transfer (Scotland) Act, 1861.” 24 & 25 VICT. cap. 70. An Act for regulating the Use of Locomotives on Turnpike and other Roads and the Tolls to be levied on such Locomotives and on the Waggons and Carriages drawn or propelled by the same (so far as relates to Railways). [1st August, 1861.] other 6. It shall not be lawful for the owner or driver of Use of any locomotive to drive it over any suspension bridge locomotives nor over any bridge on which a conspicuous notice has restricted been placed, by the authority of the surveyor or persons over susliable to the repair of the bridge, that the bridge is in- pension and sufficient to carry weights beyond the ordinary traffic of the district, without previously obtaining the consent of bridges. the surveyor of the road or bridgemaster under whose charge such bridge shall be for the time being, or of the persons liable to the repair of such bridge; and in case such owner of the locomotive and surveyor of the road or bridge, or bridgemaster, shall differ in opinion as to the sufficiency of any bridge to sustain the transit of the locomotive, then the question shall be determined by an officer to be appointed, on the application of either party, by one of her majesty's principal secretaries of state, whose certificate of sufficiency of such bridge shall entitle the owner of the locomotive to take the same over such bridge. over rail ways, &c., 7. Where any turnpike or other roads, upon which Damage locomotives are or hereafter may be used, pass or are or caused by shall be carried over or across any stream or watercourse, locomotives navigable river, canal or railway, by means of any bridge to bridges or arch (whether stationary or moveable), and such bridge or arch, or any of the walls, buttresses, or sup- to be made ports thereof, shall be damaged by reason of any loco- good by motive or any waggon or carriage drawn or propelled by owners. or together with a locomotive passing over the same or coming into contact therewith, none of the proprietors, undertakers, directors, conservators, trustees, commissioners, or other person interested in or having the charge Company of such navigable river, canal, or railway, or the tolls not liable thereof, or of such bridge or arch, shall be liable to re- for damage pair or make good any damage so to be occasioned, or to make compensation to any person for any obstruction, interruption, or delay which may arise therefrom to the 80 осса sioned. use of such bridge or arch, navigable river, canal, or railway, but every such damage shall be forthwith repaired to the satisfaction of the proprietors, undertakers, directors, conservators, trustees, commissioners, or other persons as aforesaid respectively interested in or having the charge of such river, canal, or railway, or the tolls thereof, or of such bridge or arch, by and at the expense of the owner or owners or the person or persons having the charge of such locomotive at the time of the happenOwners of ing of such damage; and all such owner and owners, locomotives person and persons, having the charge of such locomoliable to tive as aforesaid, shall also be liable, both jointly and company. severally, to reimburse and make good, as well to the Extent of act. proprietors, undertakers, directors, conservators, trustees, commissioners, and other persons interested in or having the charge of any such navigable river, canal, or railway, or the tolls thereof, or of such bridge or arch, as to all persons navigating on or using, or who but for such obstruction, interruption, or delay would have navigated on or used the same, all losses and expenses which they or any of them may sustain or incur by reason of any such obstruction, interruption, or delay, such losses and expenses to be recoverable by action at law, which action, in case of such proprietors, undertakers, directors, conservators, trustees, commissioners, or other persons so interested as aforesaid, may be brought in the name or names of their agent or agents, clerk or clerks for the time being, or by any person or persons legally authorized to act in their behalf. 15. This act shall extend to Great Britain. 255 INDEX ΤΟ RAILWAY ACTS, SCOTLAND. - Abandonment of Railways - pro- service of notices on, before entry upon adjoining returns of 3 & 4 Vict. c. 97, s. company may take temporary for the use of owners and oc- Accommodation Works-continued. deposit of, with sheriff clerks, inspection of, by mortgagees inspection of, by Board of keeping of, and right of in- to be kept by companies liable to be kept of receipts for con- parties aggrieved by irregular parties entitled to right of |