London and North Western Railway (Ashby and Nuneaton Lines) Act 1867

Publication Date:January 01, 1867
 
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London and North Western Railway (Ashby and Nuneaton Lines) Act 1867

(30 & 31 Vict.) c. xciv

An Act to vest in the London and North-western Railway Company, jointly with the Midland Railway Company, certain Railways between Ashby and Nuneaton in the County of Leicester; and for other Purposes.

[17th June 1867]

ANNO TRICESIMO VICTORIA REGIN.E, *************************************************** Cap. xciv. An Act to vest in the London and North-western Railway Company, jointly with the Midland Railway Company, certain Railways between Ashby and Nuneaton in the County of Leicester; and for other Purposes. [17th June 1867.] HERE AS by " The Midland Railway (Ashby and Nun- 29 & 30 Vict. eaton, &c.) Act, 1866," (herein-after called "the Act of c-cccxv- 1866,") the Midland Railway Company (herein-after called " the Midland Company") were authorized to construct certain Railways in that Act more particularly described, and forming Com munications between the Leicester and Swannington Railway of the Midland Company and the South Leicestershire Railway of the London and North-western Railway Company (herein-after called " the North-western Company ") : And whereas the Bill upon which the said Act was founded was opposed in Parliament by the North western Company, but the Midland Company having made an Offer to the North-western Company to admit them to the joint Ownership of the proposed Railways, such Offer was accepted by that Company, who thereupon ceased to oppose the Bill, and in conformity with such Offer and Acceptance (a Copy whereof is set forth in the First [Local] 16 F Schedule 1402 30 VICTORIA, Cap.xcW. The London and North-western Railway {Ashby and Nuneaton Lines) Act, 1867. Schedule hereto) it is expedient that the North-western Company should become jointly with the Midland Company interested in and Owners of the Railways authorized by the Act of 1866: And whereas in further Conformity with the said Offer and Acceptance it is expedient that the North-western Company should be empowered to use certain other Portions of the Undertaking of the Midland Company : And whereas it is expedient that the North-western Company should be empowered to raise additional Capital: And whereas the Purposes of this Act cannot be effected without the Authority of Parliament: May it therefore please Your Majesty that it may be enacted; and be it 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, as follows; (that is to say,) Short Title. 1. This Act may be cited for all Purposes as " The London and North-western Railway {Ashby and Nuneaton Lines) Act, 1867-" Interpretation of Terms. 2. The Expression " the Railway " when used in this Act shall mean and include the several Railways described in and authorized by the Act of 1866, and all Stations, Sidings, Offices, Watering Places, Works, and Conveniences on or in connexion therewith respectively, and thecJLands and Property acquired or to be hereafter acquired for the Purposes thereof respectively ; the Expression " the Companies " shall mean the North-western and the Midland Companies; and the Expression " Superior Courts" or " Court of competent Jurisdiction," or other like Expression in this Act or any Act or Part of Act incor porated herewith, shall be read and have Effect as if the Debt or Demand with respect to which the Expression is used were a common Simple Contract Debt, and not a Debt or Demand created by Statute. Provisions of recited Act to be subject to Provisions of this Act. 3. From and after the passing of this Act the Powers and Provisions of the Act of 1866 with respect to the Construction, Maintenance, Management, Working, and Use of the Railway shall be put into execution by the Companies according to the Provisions of this Act, and subject to such Provisions the Companies shall on the passing of this Act be joint Owners of the Railway which shall be called " the Ashby and Nuneaton Railway." Joint Com- mittPP to h. 4' Within ne Month after the PassinS of tbis Act the Midland nominated. Company shall, in Writing under the Hand of the Chairman and Secretary of that Company, nominate Three Persons, and the North-western Company shall in like Manner nominate Three Persons, and the Six Persons so nominated, and their Successors, shall form a Committee 30 TrICTORI^E, Cyxciv. 1403 The London and North-western Railway (Ashby and Nuneaton Lines) Act, 1867. Committee for the Construction, Maintenance, and Management of the Railway, to be called " the Ashby and Nuneaton Railway Joint Committee," and the same Committee is herein-after called " the Joint Committee." 5. In the event of Default by either of the Companies to nomi- On Failure nate within One Month after the passing of this Act Members of the ^f^tc Joint Committee, the Persons nominated by the other Company, or panies to any Two of those Persons, may lawfully exercise the Powers hereby nominate ^ vested in the Joint Committee until the Company failing to nominate the other shall have made such Nomination. Company may act. 6. The Companies may from Time to Time at their Pleasure AstoVacan- remove, by Writing under the Hand of their respective Chairman and Committee1* Secretary, all or any of the Members of the Joint Committee nomi nated by them respectively, and may in like Manner fill up Vacancies occurring in the Joint Committee by Removal, Death, or Resignation, and any Informality in the Nomination of a Member of the Joint Committee shall not invalidate any Acts done by the Joint Committee previously to the Discovery of such Informality, and the Omission of either Company to supply Vacancies in the Joint Committee shall not invalidate the Acts of the Committee. 7. The Joint Committee shall hold its Meetings at such Place as Meetings of it shall from Time to Time determine, and Four shall be a Quorum, Jmt Com" and, unless at any Time or from Time to Time otherwise unanimously agreed at any such Meeting, the Chairman of successive Meetings shall be alternately selected from the Members representing the Companies respectively, and the First Business transacted at every Meeting of the Joint Committee shall be the Election of a Chairman to preside at such Meeting, and the Proceedings of each Meeting shall be determined by a Majority of the Persons present, the Chairman having only One Vote and not a Casting Vote ; but if any Question shall arise in the Joint Committee whereon all the Members present representing one Company differ from all the Members present representing the other Company, or if there shall be an Equality of Votes upon any Question entertained by the Joint Committee, the Question shall, if required, be referred to the Boards of Directors of the Companies respectively, and if the said Boards shall not within Eight Days after the Matter in difference shall have been referred to them agree thereupon, then the Matter in difference shall be referred to Arbitration in manner herein-after provided. 8. The Joint Committee shall have and may exercise in the Names Powers of of the Companies all the Powers conferred by the Act of 1866 with ^eCom" reference respectively to the entering into Contracts with Landowners and 1404 30 VICTORIA, Cflp.xciv. ~ThVLondorumd North-western Railway (Ashby and Nuneaton Lines) Act, 1867. and others, the Purchase of Lands, and the Construction, Completion, and Maintenance of the Railway, but so as not to prejudice or interfere with any Contract already made by the Midland Company for any or either of those Purposes, and also all the Powers of the Act of 1866 with reference to the Management and Regulation of the Railway, the making, altering, varying, repealing, and enforcing of Bye-laws, and the demanding and receiving of Tolls, and may from Time to Time fix the Amount of the Tolls to be demanded and received in respect of the Use of the Railway, not exceeding the Tolls by the Act of 1866 authorized. mittee. Officers of 9. The Joint Committee from Time to Time may appoint and Joint Com- remove a Secretary and Treasurer for themselves, and may appoint and remove the Officers, Clerks, and Servants from lime to lime employed on and with respect to the Railway, except only the Officers and Servants from Time to Time employed by the Companies respectively in the actual Conveyance of Passengers, Animals, and Things, or the Management of Carriage?, Locomotive Engines, or other Power. As to Service of Notices on Joint Committee. For Repayment by the Northwestern Company of Moiety of Expenses incurred by Midland Company. Any Summons or Notice, or any Writ or other Proceeding at Law or in Equity, requiring to be served upon the Joint Committee may be served by the same being given personally to or transmitted through the Post directed to the Secretary of the Joint Committee, or if there be no Secretary, then by being given personally to or transmitted through the Post directed to the Secretary of each of the Companies. The North-western Company shall, within Two Months after the Receipt from the Midland Company of an Account in Writing, verified by the Signature of the Secretary and Chairman of that Com- , pany, of the Outlay and Expenses of every kind incurred by them in applying for and obtaining the Act of 1866, and in and about the Execution of the Act of 1866, up to the Time of the passing of this Act, stating the Items of such Expenditure, repay to the Midland Company One Half of such Outlay and Expenses, and in default of Payment by the North-western Company the Amount due from them may be recovered by the Midland Company in any Court of competent Jurisdiction, and all Liabilities incurred in or about the Execution of the Act of 1866 after the passing of this Act shall be paid and discharged by the Joint Committee: Provided that the North-western Company may, if they think fit, require the Production of Proofs and...

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