Lessees to be deemed the lease. 9....During the Continuance of any such Lease, the Collectors of respective Lessees named therein, and also all Persons the Tolls in appointed by them to collect the Tolls so let, shall be deemed Collectors of the Tolls so let, and they shall have the same Powers to collect and recover such Tolls, and be subject to the same Rules, Duties, and Penalties in reference thereto, as if they had been appointed for that Purpose by the Company demising the same. Lessee fault, to be removed; 10....If any such Lease shall become void or voidable, making de according to any Stipulations therein contained for that Purpose, by reason of the Failure on the Part of the Lessee to comply with any of the Terms of such Lease, or if all or any Part of the Rent thereby reserved shall be in arrear or unpaid for Twenty-one Days after the same shall become payable, then, upon Application made by the Company who shall have demised the same, to a on applica Justice, it shall be lawful for such Justice to order any Constable, with proper Assistance, to enter upon any Toll House, Dwelling House, Office, Weighing Machine, or other Building, with the Appurtenances, belonging to the Lessors, and remove from the same the Lessee or Collector or other Person found therein, together with his Goods, and take Possession thereof and of all Property found therein belonging to the Lessors, and deliver the same to them or any Person appointed by them for that Purpose. tion to a Justice; and posses resumed. Lease may be for default: 11.... Upon such Possession being obtained, it shall be determined lawful for the Company having made such Demise to determine the Lease (if any) previously subsisting, and the same shall accordingly be utterly void, except as to the Remedies of the Lessors for Payment of the Rent due, or in respect of any unperformed or broken Obligations or Conditions on the Lessee's Part, all which Remedies shall remain in full Force; and in every such and Power to Case, either during such Proceedings or on the Termiro-let Tolls. nation thereof, the Company may again let the Tolls to See § 12, as to consent of Shareholders, (p. 205.) the same or any other Person, or cause them to be collected in the same Manner as if no such former Lease had been made relative thereto. apply to in Share Cases by inserted in 12. Provided always, and be it enacted, That this Act Acts not to shall not apply to any Canal or Navigation the Property Canals vested wherein is vested in Shareholders, nor shall the Powers holders, until of leasing herein-before contained be exercised by any approved of such Canal or Navigation Company, until a Meeting of or in other the Shareholders thereof shall have been duly convened Proprietors, in such Manner as Meetings are by their respective Acts and Notices of Incorporation or Settlement required to be called, or Gazettes, &c. are usually called', and it shall have been determined by a Majority of Two Thirds of the Votes of the Shareholders in such Meeting assembled, either in Person or by Proxy, where by such Acts of Incorporation or Settlement Voting by Proxy is allowed, to adopt the Powers and Provisions hereby granted, or such and so many of them as it shall at such Meeting be determined shall be adopted, or to grant or accept any such Lease, nor to any Canal or Navigation the Property wherein is vested in One or more Owner or Owners, Proprietor or Proprietors, unless the Owner or Owners, Proprietor or Proprietors thereof shall determine to adopt the Powers and Provisions hereby granted, nor in either Case until public Notice of any such Determination and Intention shall have been inserted in the London Gazette in respect of Canals or Navigations in England or Wales, in the Edinburgh Gazette in respect of Canals or Navigations in Scotland, and in the Dublin Gazette in respect of Canals or Navigations in Ireland, and in some Newspaper circulating in the County or Counties wherein such Canal or Navigation, or some Part thereof, shall pass, One Month at the least previously to the Exercise of any such Power; whereupon, or immediately after the Expiration of such Notice, every such Company, or § 8, 11. See Companies Clauses Act, 1845, § 66 et seq., as to Meetings of Shareholders, where not otherwise provided in special acts, (VI. 66 &c.) Act not to exempt Canal Companies from Act. General their respective Committees, Directors, or Managers, or their Agents by them duly authorized in Manner aforesaid, may from Time to Time put in force and exercise the said Powers or any of them, in the Manner by this Act authorized. 13....Nothing herein contained shall be construed to exempt any Canal or Navigation Company who shall adopt the Powers of this Act, from the Operation of any general Act regulating the Manner of charging Tolls and other Charges upon Canals or Navigations in respect of Passengers, Goods, Animals, Articles, and Things of a like Description, which may be passed in the course of any future Session of Parliament. IX.-LEASING OR SALE OF RAILWAYS. 8 & 9 VICT. CAP. 96. An Act to restrict the Powers of selling or leasing Rail- WHEREAS Provisions have been introduced in various Acts of Parliament, during the present Session of Parliament, relating to Railways, giving to Railway Companies general Powers of granting or accepting a Lease, Sale, or Transfer of their own or other Lines of Railway; and it is expedient that such Powers should be restrained: Be it therefore enacted"....That it shall not be lawful for the Company of Proprietors of any Railway, by virtue of any Powers contained in any Act of Railway passed in the present Session, to make or grant, or for No Com pany to grant or accept a Sale, Lease, or Transfer without dis a See § 12, (p. 205.) See further provision in act of 1858, (21 & 22 Vic. c. 75,) in reference to the Leasing of Canals where belonging to a Railway Company (XVI. 3.) The present act relates only to cases in which powers were obtained in acts of the same session, 1845: in other cases the requisite provisions have been introduced in the special acts. a d See note in p. 1. specifying any other Railway Company or Party, by virtue of any tinet Prosuch Powers, to accept a Sale, Lease, or other Transfer, an Act of any Railway, unless under the Authority of a distinct the Parties. Provision in some Act of Parliament to that Effect specifying by Name the Railway to be so leased, sold, or transferred, and the Company or Party by whom such Lease, Sale, or Transfer may be respectively made, granted or accepteda. X.-GUAGE OF RAILWAYS, 9 & 10 VICT. CAP. 57. An Act for regulating the Gauge of Railways. [18th August, 1846.] Gauge of ches for Great 5 feet 3 inches for Ireland. WHEREAS it is expedient to define the Gauge on which Rule for Railways shall be constructed: Be it enacted'....That future Railafter the passing of this Act, it shall not be lawful ways: (except as herein-after excepted) to construct any Railway for the Conveyance of Passengers on any Gauge other than Four Feet Eight Inches and Half an Inch in 4 feet 83 inGreat Britain, and Five Feet Three Inches in Ireland: Britain; Provided always, that nothing herein-before contained shall be deemed to forbid the Maintenance and Repair Proviso, not of any Railway constructed before the passing of this isting Rails. Act on any Gauge other than those herein-before specified, or to forbid the laying of new Rails on the same Gauge on which such Railway is constructed within the Limits of Deviation authorized by the several Acts under the Authority of which such Railways are severally constructed. to affect ex of future from this 2.... Nothing herein-before contained shall apply to Exception any Railway constructed or to be constructed under the Railways Provisions of any present or future Act containing any Act, in cerspecial Enactment defining the Gauge or Gauges of tain districts: b See note in p. 1. § 2, 3, 5. • See note b in p. 206. Western 9 & 10 Vict. c. clxvi. such Railway, or any Part thereof, or to any Railway which is in its whole Length Southward of the Great Western Railway, or to any Railway in any of the Counties of Cornwall, Devon, Dorset or Somerset, for which any Act has been or shall be passed in this Session of Parliament, or to any Railway in any of the last mentioned Counties now in course of Construction, or to the Two Railways severally to be constructed under the Authority of Two Acts passed in this Session of Parliament, severally intituled An Act for making a Railway from the Great Western Railway at West 9 & 10 Vict. Drayton to Uxbridge in Middlesex, and An Act for making a Railway from the Great Western Railway at Maidenhead in Berkshire to the Town of High Wycombe 9 & 10 Viet. in the County of Buckingham; or to so much of an Act passed in this Session, intituled An Act to authorize certain Extensions of the Line of the Oxford, Worcester, and Wolverhampton Railway, and to amend the Act relating thereto, as authorizes the Construction of a Branch Railway from the Oxford, Worcester, and Wolverhampton Railway to the Town of Witney in the County of Oxford; or to an Act passed or which may be passed in this Session of Parliament, "to authorize the Glamorgan Construction of a Railway from Melin-y-Manach to Rhydydefydd in the County of Glamorgan. c. ccxxxvi. c. cclxxviii. shire. Certain Rail and Western on the Broad Gauge of 7 feet. 3....The several Railways authorized to be constructed, ways (Welsh by an Act passed in the last Session of Parliament Lines,) to be intituled An Act for making a Railway, to be called "The South Wales Railway," and by an Act also passed in the last Session of Parliament intituled An Act for making a Railway from Monmouth to Hereford, with Branches therefrom to Westbury and to join the Forest of Dean Railway, and by Two Acts passed in this Ses9 & 10 Vieta, sion of Parliament, severally intituled An Act for com 89 Vict. 8&9 Viet. c. cxci. pleting the Line of the South Wales Railway, and to authorize the Construction of an Extension and certain Alterations of the said Railway, and certain Branch See note a in p. 209. |