7 & 8 VICT. Cap. 85. branch or extension of any railway, without including such railway in the purchase, in case the proprietors thereof shall require that the same be so included. IV. Reservation to Parliament of the consideration of future policy in regard to the said options. And whereas it is expedient that the policy of revision or purchase should in no manner be prejudged by the provisions of this Act, but should remain for the future consideration of the legislature, upon grounds of general and national policy: And whereas it is not the intention of this Act that under the said powers of revision or purchase, if called into use, the public resources should be employed to sustain an undue competition against any independent company or companies: Be it enacted, that no such notice as herein before mentioned, whether of revision or purchase, shall be given until provision shall have been made by Parliament, by an Act or Acts to be passed in that behalf, for authorising the guarantee or the levy of the purchase money hereinbefore mentioned, as the case may be, and for determining, subject to the conditions herein before mentioned, the manner in which the said options or either of them shall be exercised; and that no Bill for giving powers to exercise the said options, or either of them, shall be received in either House of Parliament unless it be recited in the preamble to such Bill that three months' notice of the intention to apply to Parliament for such powers has been given by the said lords commissioners to the company or companies to be affected thereby. V. Accounts to be kept, and to be open to inspection.-From and after the commencement of the period of three years next preceding the period at which the option of revision or purchase becomes available, full and true accounts shall be kept of all sums of money received and paid on account of any railway within the provisions hereinbefore contained (distinguishing, if the said railway shall be a branch railway or one worked in common with other railways, the receipts, and giving an estimate of the expenses on account of the said railway, from those on account of the trunk line, or other railways), by the directors of the company to whom such railway belongs or by whom the same may be worked; and every such railway company shall once in every half-year during the said period of three years cause a half-yearly account in abstract to be prepared, showing the total receipt and expenditure on account of the said railway for the half-year ending the thirtieth day of June and the thirty-first day of December respectively, or such other convenient days as shall in each case be directed by the said lords commissioners, under distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified under the hands of two or more directors of the said railway company, and shall send a copy of the said account to the said lords commissioners on or before the last days of August and February respectively, or such other days as shall in each case be directed by the said lords commissioners, in each year; and it shall be lawful for the said lords commissioners, if and when they shall think fit, to appoint any proper person or persons to inspect the accounts and books of the said company during the said period of three years; and it shall be lawful for any person so authorised, at all reasonable times, upon producing his authority, to examine the books, accounts, vouchers, and other documents of the company at the principal office or place of business of the company, and to take copies or extracts therefrom. VI. CHEAP TRAINS.-Company to run one cheap train each way daily. VIII. Board of Trade to have discretionary power of regulation. X. CHEAP TRAINS ON SUNDAYS.-These sections, VI.-X., are repealed except as to Ireland by The Cheap Trains Act, 1883, 46 & 47 Vict. c. 34. See Law of Rlys. p. 762; North London R.C. v. Att.-Gen. (1876), 1 A.C. 148; Att.-Gen. v. Metr. R.C. (1881), 50 L.J. Q.B. 573. XI. Railway companies to afford additional facilities for the transmission of the mails.- . 1 It shall be lawful for the Postmaster-General to require, in the manner and subject to the conditions as to payment for service performed prescribed by the said Act, that the mails be forwarded upon any such railway as is hereinbefore last mentioned at any rate of speed which the inspector-general of railways for the time being shall certify to be safe, not exceeding twenty-seven miles in the hour including stoppages; and it shall be also lawful for the Postmaster-General to send any mail guard with bags not exceeding the weight of luggage allowed to any other passenger (or subject to the general rules of the company for any excess of that weight) by any trains other than a mail train, upon the same conditions as any other passenger; 2 provided that in such last-mentioned case nothing herein or in the last recited Act contained shall be construed to authorise the PostmasterGeneral to require the conversion of a regular mail train into an ordinary train, or to exercise any control over the company in respect of any ordinary train, nor shall the company be responsible for the safe custody or delivery of any mail bags so sent. Preceding words omitted by 54 & 55 Vict. c. 67. See also 1 & 2 Vict. c. 98. 2 See Lord Advocate v. Edinburgh, Perth, and Dundee R. C. (1851), 13 D. 907. XII. [Certain companies to convey military and police forces at certain charges. And whereas by an Act passed in the sixth year of the reign of her Majesty, intituled "An Act for the better regulation of Railways, and for the conveyance of Troops," it was among other things enacted, that whenever it shall be necessary to move any of the officers or soldiers of her Majesty's forces of the line, ordnance corps, marines, militia, or the police force, by any railway, the directors thereof shall and are hereby required to permit such forces respectively, with their baggage, stores, arms, ammunition, and other necessaries and things, to be conveyed at the usual hours of starting, at such prices or upon such conditions as may from time to time be contracted for between the secretary at war and such railway companies for the conveyance of such forces, on the production of a route or order for their conveyance signed by the proper authorities: and whereas it is expedient to amend such provision in regard to the prices and conditions of conveyance by any new railway or any railway obtaining new powers from Parliament; be it enacted, that all railway companies which have been or shall be incorporated by any Act of the present or any future session, or which by any Act of the present or any future session shall have obtained or shall obtain any extension or amendment of the powers conferred by their previous Acts or any of them, or have been or shall be authorised to do any act unauthorised by the provisions of such previous Acts, shall be bound to provide such conveyance as aforesaid for the said military, marine, and police forces, at fares not exceeding twopence per mile for each commissioned officer proceeding on duty, such officer being entitled to conveyance in a first-class carriage, and not exceeding one penny for each mile for each soldier, marine, or private of the militia or police force, and also for each wife, widow, or child above twelve years of age of a soldier entitled by Act of Parliament or by competent authority to be sent to their destination at the public expense, children under three years of age so entitled being taken free of charge, and children of three years of age or upwards, but under twelve years of age, so 1844. 7 & 8 VICT. Cap. 85. entitled, being taken at half the price of an adult; and such soldiers, marines, and privates of the militia or police force, and their wives, widows, and children so entitled, being conveyed in carriages which shall be provided with seats, with sufficient space for the reasonable accommodation of the persons conveyed, and which shall be protected against the weather; provided that every officer conveyed shall be entitled to take with him one hundredweight of personal luggage without extra charge, and every soldier, marine, private, wife, or widow shall be entitled to take with him or her half a hundredweight of personal luggage without extra charge, all excess of the above weights of personal luggage being paid for at the rate of not more than one halfpenny per pound, and all public baggage, stores, arms, ammunition, and other necessaries and things (except gunpowder and other combustible matters, which the company shall only be bound to convey at such prices and upon such conditions as may be from time to time contracted for between the secretary at war and the company) shall be conveyed at charges not exceeding twopence per ton per mile, the assistance of the military or other forces being given in loading and unloading such goods.]2 1 5 & 6 Vict. c. 55, sec. 20. As to conveyance of naval forces, see 16 & 17 Vict. c. 69, sec. 18; and as to conveyance of the forces generally, 46 & 47 Vict. c. 34, sec. 6. 2 This section is repealed by The Cheap Trains Act, 1883, 46 & 47 Vict. c. 34, except as to Ireland, and except as regards companies who lose the benefit of that Act. See sec. 6, subsec. (4). See Law of Rlys. p. 785, and cases there cited. 1 XIII. Companies to allow lines of electrical telegraph to be established.Every railway company, on being required so to do by the lords of the said committee, shall be bound to allow any person or persons authorised by the lords of the said committee, with servants and workmen, at all reasonable times to enter into or upon their lands, and to establish and lay down upon such lands adjoining the line of such railway a line of electrical telegraph for her Majesty's service, and to give to him and them every reasonable facility for laying down the same, and for using the same for the purpose of receiving and sending messages on her Majesty's service, subject to such reasonable remuneration to the company as may be agreed upon between the company and the lords of the said committee, or in case of disagreement, as may be settled by arbitration: provided always, that, subject to a prior right of use thereof for the purposes of her Majesty, such telegraph may be used by the company for the purposes of the railway, upon such terms as may be agreed upon between the parties, or, in the event of difference, as may be settled by arbitration. 1 Preamble repealed by Stat. Law Rev. Act, 1891, 54 & 55 Vict. c. 67. XIV. Electrical telegraph established by private parties to be open to the public.1-Where a line of electrical telegraph shall have been established upon any railway by the company to whom such railway belongs, or by any company, partnership, person or persons, otherwise than exclusively for her Majesty's service, or exclusively for the purposes of the railway, or jointly for both, the use of such electrical telegraph, for the purpose of receiving and sending messages, shall, subject to the prior right of use thereof for the service of her Majesty and for the purposes of the company, and subject also to such equal charges, and to such reasonable regulations as may be from time to time made by the said railway company, be open for the sending and receiving of messages by all persons alike, without favour or preference. 1 Unnecessary words omitted by 54 & 55 Vict. c. 67. XV. and XVI., relating to appointment of inspectors by Board of Trade, etc., are repealed by 34 & 35 Vict. c. 78, Sched. 2. 1 XVII. If railway companies contravene or exceed the provisions of their Acts or of any general Act, the Board of Trade to certify the same to the Attorney-General, etc., who shall proceed against them.-Whenever it shall appear to the lords of the said committee that. any of the provisions of the several Acts of Parliament regulating any railway company, or the provisions of this Act or of any general Act relating to railways, have not been complied with on the part of any railway company or any of its officers, or that any railway company has acted or is acting in a manner unauthorised by the provisions of the Act or Acts of Parliament relating to such railway, or in excess of the powers given and objects defined by the said Act or Acts, and it shall also appear to the lords of the said committee that it would be for the public advantage that the company should be restrained from so acting, the lords of the said committee shall certify the same to her Majesty's AttorneyGeneral for England or Ireland, or to the Lord Advocate for Scotland, as the case may require; and thereupon the said Attorney-General or Lord Advocate shall, in case such default of the railway company shall consist of non-compliance with the provisions of the Act or Acts relating thereto or of this Act, or of any general Act relating to railways, proceed by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding, as the case may require, to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such non-compliance, or otherwise authorised to sue for such penalties, might employ under the provisions of the said Acts; and in case the default of the railway company shall consist in the commission of some act or acts unauthorised by law, then the said Attorney-General or Lord Advocate, upon receiving such certificate as aforesaid, shall proceed by suit in equity, or such other legal proceeding as the nature of the case may require, to obtain an injunction or order (which the judge in equity or other judge to whom the application is made shall be authorised and required to grant, if he shall be of opinion that the act or acts of the railway company complained of is or are not authorised by law) to restrain the company from acting in such illegal manner, or to give such other relief as the nature of the case may require. 1 See Att.-Gen. v. G.N.R. (1860), 1 Dr. & Sm. 154. XVIII. Notice to be given to the company. Provided always, that no such certificate as aforesaid shall be given by the lords of the said committee until twenty-one days after they shall have given notice to the company. against or in relation to whom they shall intend to give such certificate, of their intention to give such certificate; Prosecutions to be under the sanction of the Board of Trade, and within one year after the offence.-And that no legal proceedings shall be commenced under the authority of the lords of the said committee against any railway company for any offence against any of the several Acts relating to railways or this Act, or any general Act relating to railways, except upon such certificate of the lords of the said committee as aforesaid, and within one year after such offence shall have been committed. XIX. Issue of loan notes and other illegal securities by railway companies prohibited.—. . . Any railway company issuing any loan note or other negotiable or assignable instrument purporting to bind the company as a legal security for money advanced to the said railway company otherwise than under the provisions of some Act or Acts of Parliament authorising the said railway company to raise such money and to issue such security, shall 1844. 7 & 8 VICT. Cap. 85. for every such offence forfeit to her Majesty a sum equal to the sum for which such loan note or other instrument purports to be such security.2 1 Preceding words repealed by 54 & 55 Vict. c. 67. 2 This imposition of a penalty is equivalent to a prohibition. See Law of Rlys. p. 805. The proviso which followed, and secs. 20 and 26 are repealed by the Statute Law Revision Act (No. 2), 1874, 37 & 38 Vict. c. 96. See Law of Rlys. pp. 805-807, and cases there cited. XXI. Register of loan notes.—And be it enacted, that a register of all such loan notes or other instruments shall be kept by the secretary; and such register shall be open, without fee or reward, at all reasonable times, to the inspection of any shareholder or auditor of the undertaking, and of every person interested in any such loan note or other instrument, desirous of inspecting the same. XXII. RECOVERY OF TITHE RENT.-The section applies to England only. XXIII. SERVICE OF NOTICES.-Repealed by 31 & 32 Vict. c. 119, sec. 47. See sec. 39 of the same. XXIV. Penalties.1-All penalties under this Act for the application of which no special provision is made shall be recovered in the name and for the use of her Majesty, and may be recovered in any of her Majesty's courts of record, or in the Court of Session or in any of the sheriff courts in Scotland. 1 Unnecessary words omitted by 54 & 55 Vict. c. 67. XXV. Interpretation of Act.1-Where the word "railway" is used in this Act, it shall be construed to extend to railways constructed under the powers of any Act of Parliament; and when the words "passenger railway" are used in this Act, they shall be construed to extend to railways constructed under the powers of any Act of Parliament upon which one-third or more of the gross annual revenue is derived from the conveyance of passengers by steam or other mechanical power; and whenever the word " company " is used in this Act, it shall be construed to extend to include the proprietors for the time being of any such railway; and where a different sense is not expressly declared, or does not appear by the context, every word importing the singular number or the masculine gender shall be taken to include females as well as males, and several persons and things as well as one person or thing. 1 Unnecessary words omitted by 54 & 55 Vict. c. 67. 8 VICT. Cap. 17. [I.] THE COMPANIES CLAUSES CONSOLIDATION (SCOTLAND) ACT, 1845.-8 VICT. CAP. 17. AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS USUALLY Preamble.1 1 Omitted by Stat. Law Rev. Act, 1891, 54 & 55 Vict. c. 67. I.-Act to apply to all companies incorporated by Acts hereafter to be passed. . . . 1This Act shall apply to every joint stock company in Scot |