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BILL

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Facilitate in certain Cases the obtaining of further
Powers by Railway Companies.

W

HEREAS it is expedient that in certain Cases Railway Preamble. Companies should be enabled to obtain further Powers on complying with the Conditions of a General Act of Parliament, without being obliged to procure in each Case a Special Act:

Be it therefore 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:

1. This Act may be cited as The Railway Companies' Powers Short Title. 10 Act, 1864.

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The Term "Railway" includes Works connected with or for the Interpre-
Purposes of a Railway, and also a Railway authorized to be tation of
but not actually constructed:

The Term " Railway Company" includes a Company Part only
of whose Undertaking is the making or working of a

Terms.

Railway :

Railway Bill" means a Bill pending in or intended to

The Term "Railway Bill

be introduced into either House of Parliament, having for its
Object or One of its Objects to authorize the making of a
Railway:

The Term "the Companies Clauses Acts" means, so far as the 5
Enactment in which that Term is used relates to England or
Ireland, or to a Certificate to be operative in England or Ireland,
The Companies Clauses Consolidation Act, 1845; and, so far
as the same relates to Scotland, or to a Certificate to be operative
in Scotland, The Companies Clauses Consolidation (Scotland) 10
Act, 1845; together with in each Case The Companies Clauses
Act, 1863:

The Term "the Board of Trade" means the Lords of the Com-
mittee for the Time being of Her Majesty's Privy Council
appointed for the Consideration of Matters relating to Trade 15
and Foreign Plantations.

Operation of 3. This Act shall take effect and apply in each of the Cases Act in what following, namely:

Cases.

Application by Company to Board of Trade.

I.—Where a Railway Company are desirous that Authority should

be given to themselves and some other Railway Company or 20 Companies to enter into an Agreement with respect to all or any of the Matters following; namely,

The Maintenance and Management of the Railways of the
Companies respectively, or of any One or more of them,
or of any Part thereof respectively;

The Use and Working of the Railways or Railway, or of
any Part thereof, and the Conveyance of Traffic thereon;
The fixing, collecting, and apportionment of the Tolls,
Rates, Charges, Receipts, and Revenues levied, taken,
or arising in respect of Traffic;
The joint Ownership, Maintenance, Management, and Use
of a Station or other Work; or the separate Ownership,
Maintenance, Management, and Use of several Parts of
a Station or other Work:

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II. Where a Railway Company are desirous of obtaining an 35
Extension of the Time limited for the Sale by them of super-
fluous Lands:

III.—Where a Railway Company incorporated by Special Act or
by Certificate under The Construction of Railways Facilities
Act, 1864, are desirous of obtaining Authority to raise 40
additional Capital.

4. In any such Case the Company may proceed as follows, namely:
(1.) They may apply to the Board of Trade for a Certificate

under this Act:

(2.) They

(2.) They may publish Notice of that Application according to
General Rules to be made by the Board of Trade under
this Act.

5. As soon as conveniently may be after the Completion of the Considera5 required Notice, the Board of Trade shall proceed to consider the tion of ApApplication.

plication by Board of Trade.

Board of

6. On the Board of Trade being satisfied that the Company have Power for complied with the Requirements respecting Notice, the Board of Trade to Trade may make and issue a Certificate, certifying to the Effect issue Cer10 following; namely,—

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20

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tificate according to

Application.

In the ârst-mentioned Case, that the Companies in the Certificate Nature of
specified are authorized to agree among themselves with respect
to all or any of the Matters aforesaid in the Certificate
specified;

In the secondly-mentioned Case, that the Time limited for the
Sale by the Company of superfluous Lands is extended as
in the Certificate specified;

In the thirdly-mentioned Case, that the Company are autho-
rized to raise, as Capital, for the Purposes of the Certificate,
such additional Sum of Money as therein limited, by the
Issue of new Shares or new Stock, either Ordinary or Pre-
ference, or partly Ordinary and partly Preference, or partly
in that Mode and partly by borrowing on Mortgage, at the
Option of the Company, or as may be prescribed in the Cer-
tificate, and with Power to create and issue Debenture Stock.

Conditions

7. The Board of Trade may insert in the Certificate such Restric- Insertion of tions and Provisions, and such Terms and Conditions, as they, in Certificate. according to the Circumstances of the Case, deem necessary or proper for better effectuating the Purposes of the Certificate in 30 conformity with the Objects and Provisions of this Act; and the same shall be deemed to all Intents to form Part of the Certificate.

8. The Certificate may be in the Form set forth in the Schedule Form of to this Act, with such Variations as Circumstances require.

Certificate.

and Con

9. A Certificate may be made under this Act and The Construction Certificate 35 of Railways Facilities Act, 1864, jointly; and in any such Case the under this Forms of Certificate given in this Act and the said Act may be struction of adapted to the Circumstances of the Case. Railways Facilities

Act.

Partial Incorporation of Clauses Acts.

Restrictions

10. There shall be incorporated with the Certificate (which shall
for this Purpose be deemed the Special Act)—

In the first-mentioned Case, Part III. of The Railways Clauses
Act, 1863;

In the thirdly-mentioned Case, the Companies Clauses Acts, 5
except as may be in the Certificate excepted, and except with
respect to the Provision to be made for affording Access to
the Special Act by all Parties interested.

11. In the thirdly-mentioned Case, the Company, whether incoron Company porated by Special Act, or by Certificate, or otherwise, shall, except 10. ing, &c. so far as may be expressly otherwise provided in some Special Act or Certificate, be subject to the following Restrictions, namely: (1.) They shall not borrow any Money until the whole of their nominal Capital authorized by the Certificate is subscribed for or taken, and until One Half thereof is actually paid up, and 15 until they prove to a Justice of the Peace, or (in Scotland) a Sheriff (and in the Case of a Company which is subject to the Companies Clauses Acts the same Justice who is to certify under Section 40. of The Companies Clauses Consolidation Act, 1845, or the same Sheriff who is to certify under 20 Section 42. of The Companies Clauses Consolidation (Scotland) Act, 1845, as the Case may be, before he so certifies), that the whole of the nominal Capital has been subscribed for or taken in good Faith, and is held by Subscribers or their Assigns, and that those Subscribers or their Assigns are legally liable 25 for the same (of which Matters the Certificate of the Justice or Sheriff shall be sufficient Evidence):

(2.) They shall not borrow a larger Sum in the whole than One
Third of the Amount of their nominal Capital authorized by
the Certificate:

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(3.) They shall not out of Money raised under the Certificate by
Calls or borrowing pay Interest or Dividend to a Shareholder
on the Amount of Calls made on his Shares, whether created
under the Certificate or otherwise (but this Provision shall
not prevent them paying to a Shareholder under the Certificate 35
such Interest on Money advanced by him beyond the Amount
of Calls actually made as is allowed by the Companies
Clauses Acts):

(4.) They shall not out of Money so raised pay or deposit any

Money that may be required to be paid or deposited in re- 40 lation to any Application to Parliament or the Board of Trade: (5.) They shall apply every Part of the Money so raised only for the Purposes for which it is by the Certificate authorized to be applied.

12. The