13 & 14 VICT. Cap. 83.

for

the owner or occupier of any lands to receive from such company compensation any damage that may have been occasioned by the entry of such company upon such lands, for the purpose of surveying and taking levels, and of probing or boring to ascertain the nature of the soil, or of setting out the line of the railway, pursuant to the provisions for that purpose in the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Act (Scotland), 1845, contained.

XXVII. Lands purchased by the railway company to be sold within a limited time. All the lands acquired by such company for the purposes of the railway or part of railway so authorised to be abandoned shall be sold by such company within the time limited or prescribed for that purpose in the warrant authorising the abandonment of such railway, and if no time be therein prescribed for that purpose, then within two years from the date of such warrant, in the manner prescribed by the said Lands Clauses Consolidation Acts with respect to the sale of superfluous lands; and for that purpose all the clauses of the said last-mentioned Acts with respect to the lands acquired by the promoters of the undertaking under the provisions of their special Act, but which are not required for the purposes thereof, shall be deemed to be incorporated with this Act provided always, that the offer to be made by the railway company pursuant to the said Acts to sell such lands to the person entitled to the lands from which the same were severed shall be made at a price or sum not greater than the price or sum at which such lands were purchased by such company.

XXVIII. Where part of a railway is authorised to be abandoned the [Board of Trade] may require the capital to be reduced. When the said commissioners of railways, by any such warrant as aforesaid, authorise the abandonment of a part only of the railway of any railway company, they may, if they think fit, require that the capital authorised to be raised by such company in respect of such railway shall be reduced to such extent and in such manner as the said commissioners think fit, and so that such reduction do not bear a greater proportion to the whole capital so authorised to be raised than the cost of the part of the railway so authorised to be abandoned would have borne to the cost of the whole railway; and they may also, if they think fit, in like manner reduce the amount which such company are authorised to borrow on mortgage or bond, and every such reduction shall be expressed in the said warrant; and in every such case the capital of such company, and their power of borrowing money, shall be reduced and limited in conformity with the directions for that purpose contained in such warrant; and such company shall have all the same powers for enforcing the payment of calls in respect of the shares in the capital when reduced in the manner required by the said commissioners, and for enforcing the forfeiture of any such shares in default of payment of such calls, as such company would have had in respect of the original capital of such company if this Act had not been passed: provided always, that nothing herein contained shall authorise the said company to reduce or interfere with any amount of capital paid up or called for before the eleventh day of February one thousand eight hundred and fifty, and entitled to any preferential or guaranteed dividend or interest.

XXIX. After warrant for abandonment of the whole railway the powers of the company are to cease except for winding up.-After the granting of any such warrant as aforesaid for the abandonment of the whole railway of any railway company the powers of such company for the construction, maintenance, and management of such railway shall cease, and such company shall continue to exist only for the purpose of winding up their affairs. [N.B.The remainder of this section, as also sections 30 to 33 inclusive, relating to the

winding up of the company, are repealed by 32 & 33 Vict. c. 114, sec. 10. The procedure is now to be in terms of the last-mentioned Act.]

XXXIV. In case of petition for winding up landowners are to be deemed creditors in respect of the compensation given by this Act.-In the event of the affairs of any such company being wound up under any such petition, the compensation herein before directed to be given to the owners and occupiers of lands and others in respect of the damage sustained by them by reason of such abandonment in the cases herein before mentioned, or by reason of the non-completion of any such contract as aforesaid, or otherwise, shall be deemed a demand claimed from, and when ascertained in the manner provided by this Act a debt due from, such company, and the party by whom such compensation is claimed shall be deemed a "creditor," in England or Ireland, within the provisions of the said Joint Stock Companies Winding-up Act, or, in Scotland, within the provisions of the said recited Act of the second and third years of the reign of her present Majesty; and in case any lands purchased by such railway company shall be sold by the official manager under the said Act, they shall be sold in the manner and subject to the provisions contained in this Act.

1

XXXV. Act not to affect actions or suits commenced before 11th February 1850.-Provided always, that this Act, or any proceeding thereunder, shall not prejudice or affect. . . any action, suit, or other proceeding against a company which shall not have obtained a warrant authorising the abandonment of the railway or part of a railway in respect of which such action, suit, or other proceeding shall be instituted, unless such company shall, within three days after notice for that purpose from the party suing them, give such party notice of their intention to apply for such warrant, and shall obtain the same, and serve notice thereof on such party within three calendar months thereafter, but all such actions and suits and other proceedings shall be proceeded with, and judgments recovered, and rules, orders, and decrees made therein shall be enforced, as if this Act had not been passed, save only that the same, after notice given by the company of their intention to abandon as aforesaid, shall be suspended for three calendar months, if the warrant be refused, or be not obtained within that time.

1 Preceding words omitted by Stat. Law Rev. Act, 1875, 38 & 39 Vict. c. 66. XXXVI. Nothing herein to authorise abandonment of any railway agreed to be constructed without consent.-Provided always, that nothing in this Act contained shall extend or be construed to extend to authorise the abandonment by any company of any railway or portion of a railway, or other works, which such company has agreed under its corporate seal to make and construct, according to any agreement entered into either with any individual or with any other company, unless such individual or company shall consent in writing to such abandonment.

XXXVII. [Board of Trade] to report to Parliament where abandonment authorised by them.-In each case in which the said commissioners authorise the abandonment of the whole or a portion of a railway, they shall, within ten days after issuing their warrant for that purpose, if Parliament be then sitting, or if not, then as soon thereafter as Parliament meets, lay before both Houses of Parliament a copy of every such warrant, accompanied by such report and observations as shall in the judgment of such commissioners set forth and explain the reasons for their award and warrant in every such case as aforesaid.

XXXVIII. Interpretation of terms.-The following words and expressions in this Act shall have the meanings hereby assigned to them,

1850.

13 & 14 VICT. Cap. 83.

unless there be something in the subject or context repugnant to such construction; (that is to say), words importing the singular number only shall include the plural number, and words importing the plural number only shall include also the singular number: words importing the masculine gender shall extend to females: the word "person" shall include body corporate: the word "lands" shall include messuages, tenements, and hereditaments : the word "railway" shall include all works, buildings, and undertakings authorised to be constructed or carried on in connection with the railway or belonging thereto : the word "shares" shall include stock: the word "month" shall mean calendar month.

XXXIX. Short title.-In citing this Act in other Acts of Parliament, and in legal and other instruments and proceedings, it shall be sufficient to use the expression "The Abandonment of Railways Act, 1850."

(1) The secretary will insert these particulars.

(2) In this column the shareholder will write the word "assenting" or "dissenting,"

as the case may be, and sign his name thereunder.

THE PRELIMINARY INQUIRIES ACT, 1851.-14 & 15 VICT. CAP. 49.
AN ACT TO REPEAL AN ACT OF THE ELEVENTH AND TWELFTH YEARS OF HER
PRESENT MAJESTY, FOR MAKING PRELIMINARY INQUIRIES IN CERTAIN CASES
OF APPLICATIONS FOR LOCAL ACTS, AND TO MAKE OTHER PROVISIONS IN LIEU
THEREOF. [1st August 1851.]

Preamble.1

1 Repealed by 55 & 56 Vict. c. 19.

I. Recited Act repealed.

1 Repealed by Stat. Law Rev. Act, 1875, 38 & 39 Vict. c. 66. See also 25 & 26 Vict. c. 69.

II. Where works proposed on tidal lands Admiralty may require statements, etc.-Whenever application shall be made to Parliament for a bill whereby power is sought to construct any works on the shore of the sea, or of any creek, bay, arm of the sea, or navigable river communicating therewith; or to construct any bridge, viaduct, or other work across any creek, bay, arm of the sea, or navigable river, or to construct any work affecting the navigation of any harbour, port, tidal water, or navigable river, it shall be lawful for1 the lords commissioners for executing the office of lord high admiral, to require the promoters of such bill to deposit at the office of the Admiralty, in addition to the plans, sections, or other documents which may have been deposited at such office in compliance with the standing orders of either House of Parliament, all such statements and other documents as the said lords commissioners shall deem necessary to explain the objects of the intended application to Parliament, and the proposed interference with such tidal lands or navigation, as the case may be.

1 Unnecessary words omitted by Stat. Law Rev. Act, 1893, 56 Vict. c. 14, where they occur.

III. Admiralty may appoint inspectors.-It shall be lawful for the said lords commissioners, if they shall consider the same necessary or expedient, but not otherwise, to appoint a competent person or persons to be an inspector or inspectors, for the purpose of inquiring, in such manner and at such time and place as they shall direct, into all such matters as they shall deem necessary to enable them to report to Parliament their opinion upon every such bill touching the jurisdiction or authority of the lord high admiral.

IV. Inspectors may summon witnesses and examine them upon oath.—For the purposes of such inquiry the said inspector or inspectors may, by summons under his or their hands, summon before him or them any person having the custody of any map, survey, or book made or kept in pursuance of any Act of Parliament, to produce such map, survey, or book for his or their inspection, and the said inspector or inspectors may summon, in manner aforesaid, any other person whose evidence shall, in the judgment of the said inspector or inspectors, be material to his or their inquiries, and pay or allow to every such person so summoned by him or them the reasonable charges of his attendance; and the said inspector or inspectors shall also have power to administer an oath to all persons who may be examined by him or them touching the premises.

1851.

14 & 15 VICT. Cap. 49.

V. Penalty for non-attendance or refusing to answer questions.-Any person being summoned by such inspector or inspectors, who, after the delivery to him of such summons as aforesaid, or of a copy thereof, shall wilfully neglect or refuse to attend in pursuance of such summons or to produce such maps, surveys, books, or other documents as he may be required to produce under the provisions herein before contained, or to answer upon oath or otherwise such questions as may be put to him by such inspector or inspectors under the powers herein contained, shall be liable to forfeit and pay a penalty not exceeding five pounds, which may be recovered before any two or more justices having jurisdiction within the town, district, or place wherein such inquiry shall be held; and on conviction of the offender, and in default of payment of any such penalty, such justices shall be empowered and required to cause the same to be levied by distress and sale of the goods and chattels of the offender, by warrant under their hands and seals; and such penalty shall be paid to the treasurer of the county within which such conviction shall take place in aid of the county rate; provided that no person other than the promoters of the proposed Act, or their agents, shall be required to attend in obedience to any summons, unless the reasonable charges of his attendance be paid or tendered to him, nor to travel in obedience thereto more than ten miles from his usual place of abode.

VI. Admiralty may take security for payment of expenses of inquiry.— Before instituting any such inquiry the said lords commissioners may, if they think fit, require and take such security for the payment of the whole or any part of the costs, charges, and expenses to be incurred by them in respect of such inquiry (including the remuneration of the inspectors) as to them shall seem fit; and whenever any such security is given, the costs, charges, and expenses in respect whereof it is given shall, to such amount as shall be certified by the said lords commissioners (not exceeding the extent or amount of such security), be a debt due to her Majesty from the person or persons respectively by whom the same is entered into.

VII. Petitioners for private bill to be deemed the promoters.-The persons whose names shall be subscribed to the petition for any private bill shall be deemed to be promoters of such bill for all the purposes of this Act, notwithstanding the persons subscribing such petition shall have signed for or on behalf of any other party.

VIII. Form of citing the Act.-In citing this Act in other Acts of Parliament, and in legal and other instruments, it shall be sufficient to use the expression "The Preliminary Inquiries Act, 1851."