COUNTY PALATINE (PRACTICE). 13 & 14 VICT. c. 43. An Act to amend the Practice and Proceedings of the Court of Chancery of the County Palatine of Lancaster. [29th July, 1850.] WHEREAS the Court of Chancery of the County Palatine of Lancaster is an ancient Court, and has been found greatly beneficial to the inhabitants of the said County Palatine; and it is expedient, in order to extend the advantages of the said Court, that certain alterations and improvements should be effected in the jurisdiction, practice, and proceedings thereof: And whereas the Queen's most excellent Majesty has been graciously pleased to sanction such alterations and improvements, notwithstanding that the same may affect her prerogatives and rights as Duchess of Lancaster, or may create a charge upon the revenues of the said duchy 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 : 13 & 14 Vict. c. 43, 8. 12. Vict. c. 18, county into the Bank 12. And be it enacted, that all monies payable in respect of Money paid lands situate within the said County Palatine, and which are into Court authorised to be paid into or deposited in the Bank of England to under 8 & 9 the account of the accountant general of the High Court of Chan- for lands cery, under and by virtue of the "Lands Clauses Consolidation within the Act, 1845," or any local or special Act passed or to be passed palatine, and incorporating the provisions of the said last-mentioned Act, or under 10 & 11 otherwise authorising the taking or using of lands situate in the Vict. c. 96, said County Palatine, and also that all monies or securities held may be paid by any party who might be sued in the Court of Chancery of the of England, said County Palatine in respect thereof, and which under and by to the joint virtue of an Act made and passed in the parliament held in the clerk and tenth and eleventh years of the reign of her present Majesty, registrar. intituled "An Act for better securing trust funds, and for the [Amended by relief of Trustees," might be in like manner paid or transferred 17 & 18 Vict. into or deposited in the Bank of England, to the account of the post.] said accountant general, may, from and after the passing of this Act, be in like manner paid or transferred into or deposited in the account of the c. 82, s. 13, 13 & 14 s. 12. Bank of England, to the joint account of the clerk of the council Vict. c. 43, of the Duchy of Lancaster and of the registrar and comptroller of the said County Palatine Court in the matter in respect whereof such payment, transfer, or deposit shall be made, and the receipt of one of the cashiers of the said bank shall be a full discharge to the person paying or transferring, or depositing the same; and such monies and securities, and all costs of application in respect thereof, shall be dealt with by the said Court of Chancery of the County Palatine in the same manner as the same might be dealt with by the High Court of Chancery or by the lord high chancellor, or any of the judges of the said High Court, if such monies or securities had been paid or transferred into or deposited in the Bank of England to the credit of the accountant general of that Court; and the lands in respect of which such payment, transfer, or deposit shall be made may be dealt with in the same manner as if it had been made in manner prescribed by the Lands Clauses Consolidation Act: Provided always, that no monies shall be so paid or deposited under or by virtue of the "Lands Clauses Consolidation Act, 1845," or any local or special Act as aforesaid, in case the party who would have been entitled to the rents and profits of the lands in respect of which such monies shall be payable, or his or her guardian or committee in case of infancy or lunacy, shall at any time before such payment or deposit serve or cause to be served a notice in writing at the office of the company taking the lands, requesting them not to make the payment or deposit. THE ABANDONMENT OF RAILWAYS 13 & 14 VICT. c. 83. An Act to facilitate the Abandonment of Railways, and the 13 & 14 Vict. c. 83, ss. 1-3. ss. 31-35, and 32 & 33 Vict. c. 114.] WHEREAS divers joint stock companies have been incorporated [See The by Act of parliament for making railways, and it has been found Railway Companies Act, that such railways, or certain parts thereof, cannot be made or carried on with advantage either to the promoters thereof or to Vict. c. 127, the public, and it is expedient therefore that facilities should be The Railways given for the abandonment of such railways or parts of railways, Abandonment and for the dissolution of such companies, or some of them, and Act, 1869, winding up the concerns thereof: 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, that if any company authorised by Act of parliament heretofore Railway compassed to make a railway desire that the making and carrying on pany may make applicaof such railway or some part thereof, whether commenced or not, tion to Board be abandoned, such company may, by the authority and with the of Trade to be consent of the holders of three-fifths of the shares or stock of such allowed to company, represented in manner hereinafter mentioned at a general undertaking. meeting of shareholders to be convened in manner hereinafter * [Now the mentioned, make application in writing to the commissioners of Board of railways, setting forth the particulars of the railway or portion of Trade, 14 & 15 the railway desired to be abandoned by them, and the grounds s. 1.1 upon which such application is made. abandon their Vict. c. 64, to consider 2. And be it enacted, that it shall be lawful for the directors of Directors may any such railway company at any time to call a meeting of the call meeting shareholders thereof for the purpose of determining whether such such applicaapplication shall be made to the commissioners of railways,* and so tion. from time to time as they shall see fit. *Board of Trade. 3. And be it enacted, that it shall be lawful for any number of Shareholders shareholders of any such company, not being less than five, and may require holding in the aggregate not less than one twentieth of the capital call meeting. directors to 13 & 14 88. 4, 5. or stock of the company, consisting of shares or stock whereon all Vict. c. 83, calls for the time being have been paid up, but exclusive of any shares or stock held by or in the names of the directors of the company or any of them, or by or in the name of any person in trust for the directors or any of them, or for the company, and which shareholders shall have paid all the calls then due on the shares held by them, by writing under their hands to require the directors of such company to call a meeting for the purpose aforesaid; and upon the receipt of any such requisition such directors shall forthwith proceed to call a meeting of the shareholders of such company on a day to be named by them, not being less than fourteen nor more than twenty-eight days after the receipt of such requisition: Provided always, on the default of the directors to call and advertise such meeting within fourteen days after the receipt of the requisition, it shall be lawful for the requisitionists to call such meeting themselves, at a time and place to be appointed by them, of which fourteen days notice shall be given by them by advertisement as hereinafter provided: Provided also, that when any meeting of any such company shall have been called pursuant to any such requisition as aforesaid, the directors of such company shall not be required to call any further meeting of such company upon any further requisition for the like object until twelve months shall have elapsed since the holding of such previous meeting. directors not except under After receipt 4. And be it enacted, that after any such meeting has been of requisition, called by the directors, or after the receipt of any such requisition as aforesaid, it shall not be lawful for the directors to make any payments out of the monies of the company for the purposes of the railway proposed to be abandoned, except in discharge of bonâ fide debts or liabilities, or in performance of contracts or engagements previously entered into, and in payment of the expenses of calling and holding such meeting, nor to enter into any contract or engagements on behalf of the company with respect to the railway so proposed to be abandoned, nor to make any calls, nor to register the transfer of any shares, until the meeting called as aforesaid shall have determined whether such application shall be made. nor to make new calls. Mode of call. the consent of 5. And be it enacted, that the calling of any such meeting shall ing meeting, be by public advertisement in the manner required or usually and signifying adopted for advertising the extraordinary general meetings of such the share- company, and where such meeting is called by the directors of the holders to the company a circular letter shall be sent by the post addressed to application. each of the registered shareholders of such company, according to his registered address or other known address, seven clear days at least before the holding of such meeting, and stating that a general meeting of the shareholders of such company will be held at a time and place mentioned in such circular, for the purpose of determining whether application shall be made to the commissioners of railThe Board ways that such railway or the part thereof specified in such notice may be abandoned, and requesting such shareholder to signify his assent to or dissent therefrom, which may be according to a form of Trade, ante, s. 1. to be contained in such circular letter, which form shall be to the effect set forth in the schedule hereto, and such circular letter shall request such shareholder either to return such form, signed by him, in a letter addressed to the secretary of such company, or to attend such general meeting as aforesaid, and deliver the same, so signed by him, to the chairman thereof; and in the case of every such meeting, whether called by the directors or by such requisitionists as aforesaid, the shareholders may signify their assent to or dissent from the proposed application, either by attending such meeting in person or by letter addressed to the secretary of the company, stating the assent or dissent of such shareholders, in a form which shall be to the effect of the form set forth in the schedule hereto, and signed by such shareholders respectively. 13 & 14 Vict. c. 83, SS. 6-8. 6. And be it enacted, that at the meeting so to be called as afore- The number said the scrutineers to be appointed as hereinafter mentioned shall of the sharecast up the amount of shares held by shareholders assenting to the holders assenting or making of such application, and the amount of shares held by dissenting to shareholders dissenting therefrom, whether such assent or dissent be ascertained have been signified by the shareholder sending to the secretary of by scrutineers, and reported the company such form as aforesaid, signed by him, or by such to the chairshareholder attending such meeting, and delivering in the same to man. the chairman thereof, and such scrutineers shall report to the chairman the amount of shares of the shareholders assenting to such application, and the amount of the shares of those dissenting therefrom, and the said chairman shall thereupon publicly announce to the meeting the said amounts respectively, and shall state whether or not the holders of three-fifths of the whole of such shares represented in manner aforesaid at the meeting consent to such application: Provided always, that in computing the amount of shares of the shareholders assenting or dissenting as aforesaid no share shall be taken into account the holder whereof shall not have been duly registered, or who shall not have paid all the calls then due by him upon all the shares held by him, unless such calls shall have been made within three months prior to the holding of such meeting, or if such meeting be held pursuant to a requisition of shareholders as hereinbefore provided, then three months prior to the day on which such requisition was presented to the directors. 7. And be it enacted, that the chairman of directors of such Chairman of company, if present, or in his absence the deputy chairman, if any, the meeting. of such directors, shall be the chairman of such meeting as aforesaid, or if neither such chairman nor deputy chairman of the directors be present, any shareholder chosen for that purpose by a majority of the shareholders present at the meeting shall be the chairman thereof. 8. And be it enacted, that at every such meeting the shareholders Meeting to present thereat shall elect three shareholders of the company to be elect scruti scrutineers for the purposes aforesaid, and in electing such scruti- neers. |