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benefit of the creditors thereof, and subject to such application, shall be repaid or retransferred to the depositors (Company): Provided, That until of Committees on the Deposit Fund shall have been repaid to the depositors, or shall have become otherwise applicable as hereinbefore mentioned, any interest or dividends accruing thereon shall from time to time, and as often as the same shall become payable, be paid to or on the application of the depositors.
N.B. If the Clause lettered (A) is inserted in the Bill, the Proviso at the end of the Clause lettered (C) shali be omitted. In the case of a Railway Company omit the words "and has been ordered to be wound up, and or to the liquidator or liquidators of the Company," and where there is no deposit omit the Proviso.
(D.) If the Railway [or Tramway] authorized by this Act shall not be completed within the period limited by this Act, then, on the expiration of such period, the powers by this Act granted to the Company for making and completing the said Railway [or Tramway], or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as shall then be completed. The period limited shall not in the case of a new Railway, Tramroad, or Tramway line exceed five years, and the extension of time for completion shall not exceed three years, unless the Committee on the Bill think fit, in the special circumstances of the case, to allow a longer period. In the case of extension of time the additional period shall be computed from the expiration of the period sought to be extended.
In any Railway Bill or Tramway Bill to which the preceding provisions are not applicable, the Committee on the Bill shall make such other provision as they shall deem necessary for ensuring the completion of the line of Railway or Tramway.
1586. In the case of every Bill authorizing the abandonment of a Railway, Report in case of Tramway, or Subway, or of any part thereof, and the release of any Railway, Tramway, deposit money impounded as security for the completion thereof, a report or Subway Bill, from the Board of Trade respecting the Bill, and the objects thereof, shall and release of be presented to this House, and be referred to the Committee on the Bill; Deposit Money. and the Committee shall report specially to the House in what manner the several recommendations contained in the Report from the Board of Trade have been dealt with by the Committee.
159. THE Committee on every Railway Bill shall fix the maximum Rates of Committee to fix Charge for the conveyance of Passengers, with a due amount of Luggage, the Rates and such rates to include every expense incidental to such conveyance, and shall also fix the Charges for the conveyance of Parcels by passenger train; but if the Committee shall not deem it expedient to determine such maximum Rates of Charge, a Special Report, explanatory of the grounds of their omitting so to do, shall be made to The House, which Special Report shall accompany the Report of the Bill.
ment of interest.
160. In every Railway Bill by which it is proposed to authorise the Provision as to Company to grant any preference or priority in the payment of Interest or preference in payDividends on any Shares or Stock, there shall be inserted a Clause providing that the granting of such preference or priority shall not prejudice or affect any preference or priority in the payment of Interest or Dividends on any other Shares or Stock which shall have been granted by the Company in pursuance of or which may have been confirmed by any previous Act of Parliament, or which may otherwise be lawfully subsisting, unless the Committee on the Bill shall report that such Provision ought not to be required, with the Reasons on which their opinion is founded.
161. No Railway Company shall be authorized to alter the terms of any Company not to preference or priority of Interest or Dividend which shall have been granted alter any preference by such Company in pursuance of or which may have been confirmed by previously granted. any previous Act of Parliament, or which may otherwise be lawfully subsisting, unless the Committee on the Bill report that such alteration ought to be allowed, with the Reasons on which their opinion is founded. together with the number of Preference Shareholders who have assented to or dissented from such alteration.
of Committees on Bills.
No powers of
No powers of
proof of certain matters before
162. No powers of purchasing, hiring, or providing Steam Vessels shall be contained in a Bill by which any other powers are sought to be obtained by a Railway Company, except when the transit by such Steam Vessels is required to connect portions of Railway belonging to or proposed to be constructed by such Company.
163. No powers of purchase, sale, lease or amalgamation shall be given to purchase, &c. to be any Railway Company, with reference to any other undertaking already authorized by any Act or Acts, nor to any other incorporated Company, with reference to any Railway, unless, previously to the application to Board of Trade, &c. Parliament for such purpose, the several Companies who may be parties to such purchase, sale, lease or amalgamation shall have proved to the satisfaction of the Board of Trade, that they have respectively paid up One-half of the capital authorized to be raised by any previous Act or Acts by means of Shares, and have expended for the purposes of such Act or Acts a sum equal thereto; and in case such powers shall be applied for in respect of Works intended to be authorized by any Bill or Bills of the same Session, it shall be proved to the satisfaction of the Board of Trade that such Companies have respectively paid up One-half the amount of their capital, and that the Company proposed to be empowered to construct such Works have included in such amount the capital proposed to be authorized by such Bill or Bills; and that no such powers shall be given in respect of Works intended to be authorised by any Act or Acts for which it is intended to apply in any subsequent Session.
Railway Company not to guarantee interest or dividend before completion of Line.
of purchasing Company.
164. No Railway Company shall be authorized, except for the execution of its original Line or Lines sanctioned by Act of Parliament, to guarantee interest on any shares which it may issue for creating additional Capital, or to guarantee any rent or dividend to any other Railway Company, until such first-mentioned Company shall have completed and opened for traffic such original Lines.
165. IN Bills for the Amalgamation of Railway Companies, the amount of Capital created by such Amalgamation shall in no case exceed the sum of the Capitals of the Companies so amalgamated.
166. IN Bills for empowering any Railway Company to purchase any other Additional Capital Railway, no addition shall be authorized to be made to the Capital of the purchasing Company, beyond the Amount of the Capital of the Railway purchased; and in case such Railway shall be purchased at a premium, no addition on account of such premium shall be made to the Capital of the purchasing Company.
provisions of "The
Railway and Canal
Traffic Act, 1888"
as to revision of Rates
166a. In the case of every Bill for incorporating a Railway, Canal, or Tramroad Company, or for giving any powers to an existing Railway, Canal, or Tramroad Company to which no Rates and Charges Order Confirmation Act expressly applies, the Committee on the Bill shall fix the Rates and Charges for merchandise traffic (including small parcels of a perishable nature conveyed by passenger train exceeding 56 lbs. in weight) by reference to the Rates and Charges Order Confirmation Act of some other Company which, in the opinion of the Committee, will properly and conveniently apply; and the Committee shall, in the case of an existing Company, provide that the Rates and Charges for merchandise traffic, and such small parcels as aforesaid so fixed, shall be in substitution for the Rates and Charges for similar traffic authorized to be taken by the Company under their existing Acts.
If in any such Bill other than a Railway Bill the Committee shall be of opinion that no such Act as aforesaid will properly and conveniently apply, they shall insert a Clause to the following effect:-
Section 24 of "The Railway and Canal Traffic Act, 1888," and any enactment which may be passed in the present or any future Session of Parliament extending or modifying that enactment shall, with any necessary modifications, apply to the Company in all respects as if
it were one of the Companies to which the provisions of the said enactment in terms applied. Provided that the time within which the of Committees on revised schedule of maximum rates and charges prescribed by the said section shall be submitted to the Board of Trade shall be three years from the date of the passing of this Act, or such further time as the Board of Trade may permit.
167. A CLAUSE shall be inserted in every Railway Bill prohibiting the Clause that no payment of any Interest or Dividend to any Shareholder on the amount of Interest or Dividend be paid the Calls made in respect of the Shares held by him, except such interest on Calls. or money advanced by any Shareholder beyond the amount of the Calls actually made as is in conformity with the Companies Clauses Consolidation Act, 1845, or the Companies Clauses Consolidation (Scotland) Act, 1845, as the case may be; and except such interest (if any) as the Committee on the Bill may, according to the circumstances of the case, think fit to allow, subject always to the following conditions:
That the rate of interest allowed by the Committee do not in
(2.) That interest be allowed to be paid in respect only of the time
(3.) That payment of interest be not allowed to begin until the
(4.) That interest do not accrue in favour of any shareholder for any
(6.) That notice of the Company having power so to pay interest be
(7.) That the half-yearly accounts of the Company do show the amount on which, and the rate at which, interest has been paid;
and the Company may be authorized by the Bill to pay interest accordingly, but not further or otherwise, and the Committee on the Bill shall report to the House whether or not they have allowed such interest.
168. A CLAUSE shall be inserted in every Railway Bill, by which any Clause as to money is authorized to be raised, prohibiting the Company from paying, Deposits not to be out of such money, the Deposits required by the Standing Orders to be paid out of Capital. made for the purposes of any application to Parliament for a Bill for the construction of another Kailway.
168a. THE foregoing Orders, No. 145a and Nos. 158 to 168, inclusive, Application of shall apply, mutatis mutandis, to Subways, Subway Companies, and Subway Bills, and to Tramroads, Tramroad Companies, and Tramroad Bills.
145a and 158
1686. THE following Clause shall be inserted in all Railway Bills passing Clause as to Railthrough this House:
Nothing herein contained shall be deemed or construed to exempt the Railway by this or the said recited Acts authorized to be made from the provisions of any General Act relating to Railways now in force, or which may hereafter pass during this or any future Session
way not to be exempt from any General Act.
of Committees on Bills.
of Parliament, or from any future revision and alteration, under the authority of Parliament, of the maximum rates of fares and charges authorized by this Act [or by the said recited Acts].
168c. In every Bill for the construction of a Tramroad of Railway Traffic Act, &c. to gauge, and intended to communicate with a Railway, a Clause shall be inserted that the provisions of "The Railway and Canal Traffic Act, 1854," and of "The Railway and Canal Traffic Acts, 1873 and 1888," shall apply to the Company as if they were a Railway or Canal Company, and to the Tramroad to be authorized by the Act as if such Tramroad were a Railway or Canal.
Length of Tram
road to be stated.
169. In every Tramroad Bill the length of so much of any Tramroad road along street or as is to be constructed along any street or road, or upon any street or road, or upon any waste or open ground by the side of any street or road, shall be set forth in miles, furlongs, chains, and links or yards, or decimals of a chain, in the Clause describing the works.
Length of Railway,
Tramway, and Sub
way to be specified
170. In every Railway Bill, Tramway Bill, and Subway Bill, the length of each Railway, Tramway, and Subway be set forth in miles, furlongs, chains, in Clause describing and yards, or decimals of a chain, in the Clause describing the works, with a statement in the case of each Tramway, whether it is a single or a double line.
Restriction of powers for construction, ac
quisition, or taking on lease of Tram
way by Local Authority.
Running powers in
170a. No powers shall be given to any local authority to construct, acquire, take on lease, or work any Tramway, or portion of Tramway, beyond the limits of their district, unless such Tramway or portion of Tramway is in connection with the Tramway belonging to or authorized to be constructed, acquired, or worked by the local authority, and unless the Committee on the Bill shall determine that, having regard to the special local circumstances, such construction, acquisition, taking on lease, or working ought to be sanctioned.
In every case in which the Committee shall so determine, they shall specify what portion of the Tramway will be situate beyond the district of the local authority to which the power of construction, acquisition, or taking on lease is given, and shall insert a Clause for the protection of the local authority of the district in which such Tramway or portion of Tramway will be situate in the terms, mutatis mutandis, of Section 43 of "The Tramways Act, 1870," except that the Committee may, if they think fit in the special circumstances of the case, substitute a period not exceeding forty-two years for the period of twenty-one years mentioned in that
171. WHERE a local authority are empowered to work any Tramways belonging to, or authorized to be constructed or acquired by them, the Committee on the Bill may, if they think fit under the special circumstances of the case, empower the local authority to enter into agreements for running powers over any Tramways in connection with the Tramways so worked or to be worked by them, and such running powers shall be deemed to be a purpose of "The Public Health Act, 1875," and the expenses of the exercise of such powers shall, in the event of deficiency in the Tramway account, be defrayed out of a local rate, as defined by "The Tramways Act, 1870." Provided that in any such case the Committee on the Bill shall make provision:
(1.) That no such agreement shall have effect until approved by the Board of Trade;
(2.) That all enactments, bye-laws, and regulations relating to the use of or the running of carriages upon the Tramways, and the taking of tolls and charges therefor, shall, so far as applicable, extend and apply, mutatis mutandis, to, and shall be observed by, the local authority exercising such running powers;
(3.) That such running powers shall in no case be exclusive, and shall cease unconditionally at the expiration of seven years from the date of the agreement;
(4.) That further agreements for the exercise of such running powers may be made from time to time with the approval of the Board of Trade for any period not exceeding seven years, provided that such powers shall cease unconditionally at the expiration of the period for which the same are given;
(5.) That all questions in dispute as to the construction of or arising in consequence of such agreements shall be determined by arbitration.
And the Committee shall report the circumstances specially to The House.
of Committees on Bills.
172. In the case of all Bills whereby any Municipal Corporation, District Estimates. Council, Joint Board, or Joint Committee, or other local authority in England or Wales, are authorized to borrow money for any matter within the jurisdiction of the Board of Trade or the Local Government Board, estimates showing the proposed application of the money for permanent works shall (except so far as the exercise of the borrowing power is made subject to the sanction of the respective Board) be recited in the Bill as introduced into Parliament, and proved before the Select Committee to which the Bill is referred.
to Local Govern
173. WHENEVER by any Bill application is made by or on behalf of any Bills relating Urban District Council, or Town or other Commissioners in Ireland for any new Powers, or for any increased or additional Powers, the Promoters shall ment in Ireland. be required to obtain a certificate under the seal of the Local Government Board of Ireland, setting forth whether such application is made with or without the sanction and approval of the said Local Government Board, which certificate shall be produced before the Committee to whom the Bill is referred, and shall be reported upon by the said Committee.
on Clauses in
173a. In the case of any Bill promoted by or conferring powers on a Committee to Municipal Corporation or Local Board, Improvement Commissioners, Town consider and report Commissioners, or other local authority or public body having powers of local reference to government or rating, the Committee on the Bill shall consider the Clauses various matters of the Bill with reference to the following matters :
(a.) Whether the Bill gives powers relating to Police or Sanitary Regulations in conflict with, deviation from, or excess of, the provisions or powers of the general law;
(b.) Whether the Bill gives powers which may be obtained by means of Bye-laws made subject to the restrictions of General Acts already existing ;
(c.) Whether the Bill assigns a period for repayment of any loan or for the redemption of any charge or debt, under the Bill exceeding the term of sixty years, which term the Committee shall not in any case allow to be exceeded, or any period disproportionate to the duration of the works to be executed, or other objects of the loan, charge, or debt;
(d.) Whether the Bill gives borrowing powers for purposes for which such powers already exist, or may be obtained under General Acts, without subjecting the exercise of the powers under the Bill to approval from time to time by the proper Government Department.
And the Committee shall report specially to The House
In what manner any Clauses relating to the several matters aforesaid have been dealt with by the Committee; and
Whether any Report from any Government Department relative to the Bill has been referred to the Committee; and
If so, in what manner the recommendations in that Report have been dealt with by the Committee; and
Any other circumstances of which, in the opinion of the Committee, it is desirable that The House should be informed:
affecting Local Government or Rating.