9 VICT. Cap. 20. THE PARLIAMENTARY DEPOSITS ACT, 1846.1-9 VICT. CAP. 20. AN ACT TO AMEND AN ACT OF THE SECOND YEAR OF HER PRESENT MAJESTY, 1 Repealed by Stat. Law Rev. Act, 1875, 38 & 39 Vict. c. 66. II. Authority to deposit. 1 In all cases in which any sum of money is required by any standing order of either House of Parliament, either now in force or hereafter to be in force, to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an Act of Parliament, if the director or person or directors or persons having the management of the affairs of such work or undertaking, not exceeding five in number, shall apply to one of the clerks in the office of the Clerk of the Parliaments with respect to any such money required by any standing order of the Lords spiritual and temporal in Parliament assembled, or to one of the clerks of the Private Bill Office of the House of Commons with respect to any such money required by any standing order of the Commons in Parliament assembled, to be deposited, it shall be lawful for the clerk so applied to, by warrant or order under his hand, to direct that such sum of money shall be paid in manner hereinafter mentioned; (that is to say), into the Bank of England, in the name and with the privity of the Accountant-General of the Court of Chancery in England, if the work or undertaking in respect of which the sum of money is required to be deposited is intended to be executed in that part of the United Kingdom called England, or into any of the banks in Scotland established by Act of Parliament or Royal Charter, in the name and with the privity of the Queen's Remembrancer of the Court of Exchequer in Scotland, at the option of the person or persons making such application as aforesaid, in case such work or undertaking is intended to be executed in that part of the United Kingdom called Scotland, or into the Bank of Ireland, in the name and with the privity of the Accountant-General of the Court of Chancery in Ireland, in case such work or undertaking is intended to be made or executed in that part of the United Kingdom called Ireland; and such warrant or order shall be a sufficient authority for the Accountant-General of the Court of Chancery in England, the Queen's Remembrancer of the Court of Exchequer in Scotland, and the Accountant-General of the Court of Chancery in Ireland, respectively, to permit the sum of money directed to be paid by such warrant or order to be placed to an account opened or to be opened in his name in the bank mentioned in such warrant or order. 1 The words "And be it enacted (that)" are omitted wherever they occur by 54 & 55 Vict. c. 67. III. Payment of deposit.-It shall be lawful for the person or persons named in such warrant or order, or the survivors or survivor of them, to pay the sum mentioned in such warrant or order into the bank mentioned in such warrant or order in the name and with the privity of the officer or person in whose name such sum shall be directed to be paid by such warrant or order, to be placed to his account there ex parte the work or undertaking mentioned in such warrant or order, pursuant to the method pre scribed by any Act or Acts for the time being in force for regulating moneys paid into the said Courts, and pursuant to the general orders of the said courts respectively, and without fee or reward; and every such sum so paid in, or the securities in or upon which the same may be invested as hereinafter mentioned, or the stocks, funds, or securities authorised to be transferred or deposited in lieu thereof as hereinafter mentioned, shall there remain until the same, with all interest and dividends, if any, accrued thereon, shall be paid out of such bank, in pursuance of the provisions of this Act: provided always, that in case any such director or person, directors or persons, having the management of any such proposed work or undertaking as aforesaid, shall have previously invested in the three per centum consolidated or the three per centum reduced bank annuities, exchequer bills or other Government securities, the sum or sums of money required by any such standing order of either House of Parliament as aforesaid to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an Act of Parliament, it shall be lawful for the person or persons named in such warrant or order, or the survivors or survivor of them, to deposit such exchequer bills or other Government securities in the bank mentioned in such warrant or order in the name and with the privity of the officer or person in whose name such sum shall by such warrant or order be directed to be paid, or to transfer such Government stocks or funds into the name of the officer or person; and such transfer or deposit shall be directed by such clerk of the office of the Clerk of the Parliaments, or such clerk of the Private Bill Office of the House of Commons, as the case may be, in lieu of payment of so much of the sum of money required to be deposited as aforesaid as the same exchequer bills or other the Government stocks or funds will extend to satisfy at the price at which the same were originally purchased by the said person or persons, director or directors as aforesaid, such price to be proved by production of the broker's certificate of such original purchase. IV. Investment of deposit.-If the person or persons named in such warrant or order, or the survivors or survivor of them, desire to have invested any sum so paid into the Bank of England or the Bank of Ireland, or any interest or dividend which may have accrued on any stocks or securities so transferred or deposited as aforesaid, the court in the name of whose Accountant-General the same may have been paid may, on a petition presented to such court in a summary way by him or them, order that such sum or such interest or dividends shall, until the same be paid out to the parties entitled to the same in pursuance of this Act, be laid out in the three per centum consolidated or three per centum reduced bank annuities, or any Government security or securities, at the option of the aforesaid person or persons, or the survivor or survivors of them. V. Repayment of deposit.-On the termination of the session of Parliament in which the petition or bill for the purpose of making or sanctioning any such work or undertaking shall have been introduced into Parliament, or if such petition or bill shall be rejected or finally withdrawn by some proceeding in either House of Parliament, or shall not be allowed to proceed, or if the person or persons by whom the said money was paid or security deposited shall have failed to present a petition, or if an Act be passed authorising the making of such work or undertaking, and if in any of the foregoing cases the person or persons named in such warrant or order, or the survivors or survivor of them, or the majority of such persons, apply by petition to the court in the name of whose Accountant-General the sum of money mentioned in such warrant or order shall have been paid, or such exchequer bills, stocks, or funds shall have been deposited or transferred as 1846. 9 VICT. Cap. 20. aforesaid, or to the Court of Exchequer in Scotland, in case such sum of money shall have been paid in the name of the said Queen's Remembrancer, the court in the name of whose Accountant-General or Queen's Remembrancer such sum of money shall have been paid, or such exchequer bills, stocks, or funds shall have been deposited or transferred, shall by order direct the sum of money paid in pursuance of such warrant or order, or the stocks, funds, or securities in or upon which the same may have been invested, and the interest or dividends thereof, or the exchequer bills, stocks, or funds so deposited or transferred as aforesaid, and the interest and dividends thereof, to be paid or transferred to the party or parties so applying, or to any other person or persons whom they may appoint in that behalf; but no such order shall be made in the case of any such petition or bill being rejected or not being allowed to proceed, or being withdrawn or not being presented, or of an Act being passed authorising the making of such work or undertaking, unless upon the production of the certificate of the Chairman of Committees of the House of Lords with reference to any proceeding in the House of Lords, or of the Speaker of the House of Commons, with reference to any proceeding in the House of Commons, that the said petition or bill was rejected or not allowed to proceed, or was withdrawn during its passage through one of the Houses of Parliament, or was not presented, or that such Act was passed, which certificate the said Chairman or Speaker shall grant on the application in writing of the person or persons, or the majority of the persons named in such warrant, or the survivor or survivors of them : Granting certificate, etc., not to make the Chairman or Speaker signing the same liable.-Provided always that the granting of any such certificate, or any mistake or error therein or in relation thereto, shall not make the Chairman or Speaker signing the same liable in respect of any moneys, stocks, funds, and securities which may be paid, deposited, invested, or transferred in pursuance of the provisions of this Act, or the interest or dividends thereof. 9 & 10 VICT. Cap. 57. GAUGE OF RAILWAYS.1-9 & 10 VICT. CAP. 57. 1 Cited as "The Railway Regulation (Gauge) Act, 1846" (Short Titles Act, 1896). AN ACT FOR REGULATING THE GAUGE OF RAILWAYS.-[18th August 1846.]1 1 As to application of this Act to lines made under The Railways Construction Facilities Act, 1864, see 33 & 34 Vict. c. 19, sec. 5. See also Stat. Law Rev. Act (No. 2), 1893, 56 & 57 Vict. c. 54, and Stat. Law Rev. Act, 1875, 38 & 39 Vict. c. 66. Preamble.1 1 Omitted by 54 & 55 Vict. c. 67. I. On what gauge railways shall be made.— 1 It shall not be lawful (except as hereinafter excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: provided always, that nothing herein before contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this Act on any gauge other than those hereinbefore specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within the limits of devia 1846. tion authorised by the several Acts under the authority of which such railways are severally constructed. 1 The words "And be it enacted (that)" are omitted by 54 & 55 Vict. c. 67, wherever they occur. II., III., V.—Certain specified English and Welsh railways are exempted from the provisions of the Act. IV. Gauge not to be altered.-It shall not be lawful .1 to alter the gauge of any railway used for the conveyance of passengers. 1 Preceding words omitted by 54 & 55 Vict. c. 67. VI. Penalty on company for constructing railways contrary to this Act.—If any railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act, the company authorised to construct the railway, or, in the case of any demise or lease of such railway, the company for the time being having the control of the works of such railway, shall forfeit ten pounds for every mile of such railway which shall be so unlawfully constructed or altered, during every day that the same shall continue so unlawfully constructed or altered; and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile. VII. Railways constructed contrary to this Act may be abated.—Over and above the penalty hereinbefore provided, if any railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act, it shall be lawful for the commisioners of her Majesty's woods, forests, land revenues, works, and buildings, or for the lords of the committee of her Majesty's privy council for trade and foreign plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this Act, and to restore the site thereof to its former condition. VIII. Recovery of penalties.—All penalties under this Act may be recovered from the company liable to pay and make good the same, as under the provisions of an Act passed in the last session of Parliament, intituled, "An Act for consolidating in One Act certain Provisions usually inserted in Ácts authorising the making of Railways," a penalty for any infringement of the last-recited Act is recoverable against a company authorised to construct a railway. 18 & 9 Vict. c. 20. IX. [Repealed by 38 & 39 Vict. c. 66.] DUTIES ON RAILWAY PASSENGERS.1-10 & 11 VICT. CAP. 42. The duties in respect of railway passengers are transferred to the Commissioners of Excise. [Now the Commissioners of Inland Revenue, 12 & 13 Vict. c. 1.] 1847. 10 & 11 VICT. Cap. 85. CONVEYANCE OF MAILS.1-10 & 11 VICT. CAP. 85. 1 Cited as "The Post Office (Duties) Act, 1847." AN ACT FOR GIVING FURTHER FACILITIES FOR THE TRANSMISSION OF LETTERS BY XVI. Power to send mails by railways in manner prescribed by 1 & 2 Vict. c. 98, without a guard.— . . .1 It shall be lawful for the Postmaster-General to require, in the manner prescribed by the said last-mentioned Act, that any mails and post letter bags shall be conveyed and forwarded by any railway company on their railway, under and pursuant to the said Act, notwithstanding any guard or other officer of the post office shall not be sent with the same or in charge thereof, and such mails and post letter bags shall be conveyed and forwarded by such railway company accordingly. 1 Preceding words omitted by 54 & 55 Vict. c. 67. 11 & 12 VICT. Cap. 36. THE ENTAIL AMENDMENT ACT, 1848.1-11 & 12 VICT. CAP. 36. AN ACT FOR THE AMENDMENT OF THE LAW OF ENTAIL IN SCOTLAND.—[14th XXVI. Money arising from sale of estate and trust money may be applied in payment of entailer's debts, etc.— .1 In all cases where money has been derived or may hereafter be derived from the sale or disposal of any portion of an entailed estate in Scotland, or of any right or interest in or concerning the same, or in respect of any permanent damage done to such estate,2 under any private or other Act of Parliament, or where any money has been invested in trust for the purpose of purchasing lands to be settled upon the series of heirs entitled to succeed to such entailed estate, and where such money would fall to be invested in lands or heritages to be entailed on the same series of heirs as are called to the succession of such entailed estate by the tailzie thereof, and under the same prohibitions, conditions, restrictions, and limitations as are contained in such tailzie, and where the heir in possession of such entailed estate could by virtue of this Act acquire to himself such estate in fee simple by executing and recording an instrument of disentail as aforesaid, it shall be lawful for such heir to make summary application to the court, in manner hereinafter provided, for warrant and authority, and the court upon such application shall have power to grant warrant and authority to and in favour of such heir of entail, for payment to such heir of such sums of money, as belonging to himself in fee simple; but if such heir of entail shall not be entitled to acquire such estate in fee simple, then it shall be lawful for such heir, with the approbation of the court, to lay out such money 3 |