South Western and Isle of Wight Junction Railway Act 1901
| Jurisdiction | UK Non-devolved |
11
Emv.
7.1
South
PVestern
and
Isle
of
Wight
Junction
Raillcay
Act,
1901.
[Ch.
xcix.
J
CHAPTER
xcix.
An Act
for
iiialtiiig
and maintaining railways
in
the
county
A.D.
1901.
-
of
Southainpton
to
be
called the
South
JVesterii
and
Isle
of
Wight
J
nnctiori
Railway
and
for
other purposes.
[Yet11
July
1901.1
4
RE
AS
the iiiaking
ancl
maintaining
of
the
railways
and
Act autliorisecl will
afford
the
means
of
coiiiplcte 1:iiicl coiiiiiiuni-
catioi
L
between
the
maiiilancl
aiid
tlie
Isle
of Wight
mid be
of
public
and
local advnntage
:
Aiicl
whereas
the persons
in
that
belialf
in this Act iinmecl
-4th
others
are
willing
at
tlieir own expense to construct
tlie
railways
and
tuniiel if authorised by Parliaiiient
so
to
do
aiid
nre
clesirous
of
being incorporatetl
into
w
Co~npany with
adecluate
poners for
tlie
purpose
aiicl
it
is
expcclient that they be incorporated
and
empowered accordingly
as
by this Act prodecl
:
Ancl
whereas
it
is
espedieiit
that
tlie Freshwater Yarmouth
and
Ne~rport
Railway
Company
and
tlie
Isle
of
Wiglit
Central Railway
Coiiipaiiy respectively
aiicl
the Co~iipaiiy
by
this Act incorporated
r;hoid(l
bp
nutliorisecl
to
enter into agreements
ancl
arraiigenieiits
as
by
this
Act
proviclecl
:
And
wlictreas it
is
expedient that the
Company
by
this
Act
iacurporated slioulcl
be
authorised to
run
over ancl
use
portions
of
tlie
Fi.esEin.:iter
Yariiiouth
ancl
Newport Itailway and
the
Loliclo~l
mid South Western Itailway
:
Ancl
whereas it
is
expedient that the other provisions herein-sfter
contained
slioulcl
he inade
:
Aiicl
whereas p1:uis ancl sections showing the lines
and
levels
of
the railways authorised
1)s
this
Act
aiid
also
books
of
reference
containing tlie iiaiiies
of
the owners
aiid
lessees
or reputed owners
and
lessees
ancl
of
the
occupiers
of
tlie lands required
or
which
W""
tuniiel beneath the Soleiit herein-after clescribed aiid by this
[
Price
2.r..
j
A
I
[
Ch.
xcix.]
South
Westerit
mad
Isle
of
Wight
,Jwnction
Rai1rc.q
Act,
1901.
AD.
1901.
may
he taken
for
the purposes
or
under the powers
of
this Act
were
duly
deposited with tlie clerk
of
the peace for the county of
Southampton and atre herein-after respectively rcferrecl
to
as
the
deposited
plans
sections
and
books of reference
:
iliid whereas the purposes
of
this Act cannot
be
effected without
the
authority of
P*
1’
iaiiient
:
i\l:~y
it, therefore
plensc
Your Majesty that
it
inay
be
enacted aiid
he
it
enacted
by
the
Ring’s most ~xcelleiit Majesty
by
and
with
&lie
:Idrice
aiid
consent
of
the
Lords
Spiritual and Telnporal and
Comliions
in
this present Parliaiiient :isseiiibled aiid by the authority
of
the
same
as
follon-s
:-
f.
TbiA Act iiiay be cited as the
South
TT‘cstern
and Isle
of
Wiglit Junction
P:xiln.ay
Act
1901.
I.
The
Coiiilxmies Clauses Consolidation Act
1845
mid
Part
I,
(
yelatiiig
to
cancellation
ancl
surrender
of
slinres)
aiicl
Part
III.
(reldiig to debenture
stock)
as
aiiicuclcd
l)y
subseqneiit Acts the Laiids
Clauses
Acts
die
Railways
C‘lxuses Consolidation Act
1S45
Part
I.
(relating
to
the
coiistouciioii
of
a
railway)
ancl
I’art
HI.
(relating
to
working
agreements)
of
the Railways
are (except where
esl~r~ssly
varied
by
this Act) incorporated with aiid
f
oriii
part
of
this Act.
S.
In
this
Act
the several
worcls
and expressions to ~1-1iicEn
iiieanin
are stssigiied by the Acts
holly
or partially incorporxted
herewith
have
the
scme
reblrec‘tive meaniiigs
unlesb
there
be
somethiiig
in
tlie suljject
or
context repiigiiaiit
to
such conatriictioii
The
expression
“
the
Coinpaii~~
”
iiiecziis the
Coiiipaiiy
iiicorporated
by this Act
the
expressions
‘‘
the railway
”
and
”
the undertaking
’’
iiiean respectively the railways
aid
tlie iuiiclertaking
by
this Act
authorised.
4.
The
Right Honourable Augustus Artliur
Earl
of
Epioiit
Sir
John BIiiiidell &ple Baroiiet
Frank
Gerard
Aman
Ricliard
STrilliam Evelyn liiddletoii Robert Cuiiinghame
&Iurray
and
all
other
persons
who
liave already subscribed
to
or
shall here-
after become proprietors
iii
the undertaKiiig
and
their executors
administrators successors aiid assigns respectively shall
be
aid
are
liereby
uliited into
a
Company for the
purpose
of
making
:in&
maintaining the railway
and
for
other the purposes
of
this Act
ancl
for
those purposes shdl be
and
are liereby incorporatecl
by
the
naliie
of
6‘
The South Western and
Isle
of
Wight Junction
Itilway CoinpaIiy”
and
by that name
sE1all
be
a
body
corporate
[
1
Enw.
7.
J
~
Short
title.
Tnzorpom-
tioii
of
Acts.
liirerpi
etn-
ti9!1.
(’ompzny
in-
c’olPorated*
2
[l
Enw.
7.1
South
Western
ccnd
Isle
of
Wight
Junction
Railway
Act,
1901.
[Ch.
XC~X.]
mith perpetual succession
ancl
a
coimiioii seal aid with power
to
B.D.
1901.
purchase take hold and dibpose
of
lands
ancl
other property for tlie
purposes
of
this Act.
-
5.
Subject
to
the pros-isions
of
this Act the Company
inay
l’onw
to
make
make
and
maintaiii
in
the lilies
aiicl
accordiiig to the levels shown on
the deposited plans
aiid
sectioiis the
railways
herein-after described
mith
all
proper stations platforms sidings juiictioiis approaches
passages tunnels
subways
hridqes
riaducts stairs lifts
air
ventilating
and other silnfts roads buildings offices depfits whmves niachiner;
appliances
works
and conveiiieiices connected therewith
or
iiicidental
thereto
ancl
inay enter qoii take and use
such
of
tlie lands
delineated
on
the deposited plaiis
aiid
described
in
the cleposiiled
hooks of reference
as
iiiaj- be required
for
those purposees The
railimys 112reiii-before referred to
ancl
authorised
by
this Act
are---
R:tilw:iy
No.
1
(7
miles
4
furlongs
imcl
75
yards
or
thereabouts
in leiigtli) coininenciiig
in
the
prish
of
Swag
by
a
juiiction
with the Lyiiiiiigton 1~raiicIi of
the
1,oiicloii
nucl
South Western
lhilmny
:it
a
poilit
459
yards
or
thereabouts iiieasnred along
tile centre liiie thereof in
a
southerly direction from
the
centre of the
bridge
carrying
the
said branch
railway
over
the public
road
leading froin
Boltlre
to
Dunis
Town
and
teriiiinating in the parish of Freshwater in
the
Isle
of
Wight
by
a
junction vitli the Freshwater
Yariiiou
th
aiicl
Newport
Railway
at
a
point
1,500
yards
or theratbouts measarecl in
the direction
of
Tarniouth
dong
the centre line
of
tliat railway
from the buffer stops opposite the booking
ofice
at Ereshwatei
Railway Station
:
Railway
No.
2
(2
Mi-longs
200
pards
or
thereabouts in length)
coiiiiiiencing by
a
junction mith the intended R:\iln.ay
No.
Y
at
a
point
in
the field numbered
l5S
011
the sheet
of
the
.n$x
Ordnance Survey
for
the Isle
of
Wight numbered
XCI1%.
7
(1898)
26
yards
or
thereabouts froin the southern edge
or
fence thereof measured at right angles thereto ancl
from
a.
point
in
the said hedge
or
fence
S7
yards or thereabouts
from
tlie south-east corner
of
the said field measured along
such
hedge
or
fence in
a
westerly direction
ancl
terminating by
a,
junction with the Freshwater Yarmouth ancl
Xewport
Railway
2240
yards or thereabouts from the
buffer
stops opposite
the
booking office
at
Freshwater
Railway
Station measured in the
direction of Yarmouth along the centre line
of
the Freshwater
Yarinouth
ancl
Newport Railway.
-2
2
3
[Ch.
xcix.]
South
Western
cmcl
Isle
of
Wight
Jiinction
Railmy
Act,
1901.
[l
EDW.
7.1
A.D.
1901.
6.
For
the protection of
tlie
T,ondoii
and
South
Western
For
pro-
Railway
Company
(lierein-after
called
the Sonth Western
Com-
tection
c?f
pany
”)
the following provisions shil notn-ithstanding anything
slio\vll
on the deposited plans and sections unless
o
tliern-ise agreed
Louclou
ancl
South
West.
~1’11
Rnilwtiy
upmi
between the Coinpaii,~
mitl
the South Western Coiiipiy
~RT
e
Curn~~:~l1y-
effect
(that
is
to
sayj
:-
(1)
The
junction between
tlie
railway
and
the railway
of
tlie
South
Western Company
by
this Act authorised
aiitl
all
openings
in
tlie
rails
of
the
Soutli
Western Eailway
shall
be
macle
at
such
poiri
t
01-
points tliereon respectively within the
limits
of
deviation showii
on
the deposited
plans
as
the
principal
engineer
for
the time being
oE
the Soutli Western Coiii1miiy
inay :ipprove and in accortlance with
such
plans
as
io
tlie
inaiiner and
form
of
jtunctioii
as
the said engineer
inay
approve Provided that
if
the said engineer
does
not
Tithin
fourteen
days
after sucli piaiis hnye kcen submitted to liiiii
intimate
to
tlie Company
liis
appro~d
or
disapproval thereof
he
sliall
be
cieeiiied
to
1ia\
e
approved
tlie same
and
that
any
difference
as
to
such
plans
sliall
be cleterniiiiecl
as
herein-nftcr
in
this section pro’iclctl
:
(2)
;1\Tot\7.itlistantiiig anything in this Act contained the
Gonzpany
sliall
be responsible
for
ant1
ii3ake
good
tu
tlie South \Testern
Conilmiy
all
costs
loscs
dani:igcs
aiicl
expenses
wliicli
iii:~~
be
occasioned
to
the Soutli Westerii
Co1iij>anJ-
by
reason
of
aiiy
failure
of
the
11-orlis
of
the
said
junction (whether cliiriiig
construction
or
within
twelve
montlis after
tlic
opening
of
tlie
railKay
for pblic
traffic)
SO
far
as
the
saiile
arices
fro111
any
act
or
oiiiission of
tlie
Coiiipany
or
of
any
persons
in
their
eiiiploy
or
of
their cviitrfictors
or
otliers
aiicl
if
any
iiiter-
ruption
or
delay
sliall
clurins
such
1)eriod
be
occasioned
to
the traffic
of
or
upon
any
railiray
siding
or
other vork
of
the South Western Company
1)y
reason
of
auy
of tlic matters
or
causes
afcresaicl tlie
Conip:iiiy
sliall
pay
to
tlie
South
Western
Coiiipaiiy
all
costs
and expenses
tG
which
that
Conil)any
inay
bo
thereby
put
as
well
as
full coiiipensatioii for
all
loss
sustaiiied
by
tliciii
by
reason of
such
iuterruption or
delay
:
(3)
The
Company
shall
i~ny
to
tlic
South
Western
Coii?pa113’
a11
costs
charges
aid
expenses nhich
inay
be
reaso;iably
iiiciirred by
tliein
during
tlie
construction
of
the
junctioi!
between the railmay
aiid
the railyay
c\f
the Foutli
Wc
stern
Company
:
-
4
[l
EDW.
7.1
Xoiith
JVestem
u~d
Isle
of
VTiglit
Jtaaction
Railtouy
Act:
1901.
[Ch.
xcix.]
(4)
Any dispute or difference which may arise between the
A.D.
1901.
South Western Company and the Company with respect
to
the provisions
of
this section or
in
any
way
arising thereout
siiall be settled
by
an engineer to be agreed upon
or
faiiing
agreement to be appointed
by
the president
of
the Ivstitution
of
Civil Engiueers
on
the application
of
either Cornpaup.
1.
For
tlie benefit and protection
of
the Right
IIonourable
For
protec-
William Frederick Caroii Hcytesbury (who with his heir? executors
night
Hal,.
administrators ancl assigns
is
in
this section included in
tlie
Williain
expression
iL
the onmi-
")
the following prorisions
sIia11
unless
Fretlerick
otherwise agreecl between the Company ancl the owner
liave
IIeytesi,nly.
eEect
:-
--
tiou
of
Baron
(
1
)
The
Coinpaiiy
shall
iiot~~ithstaiidil?,rrliiig
aiijtliing shown on the
clepositecl plaiis ancl sections but subject
to
the approval
so
far
as
the same is necessary of the Board
of
Trade and
of
the
Principal
Secretary
OP
State for the
War
Department
con-
struct
tlie said rai1n.a:-s
mliere
the
smie
intersect
or
trawrse
the
1:~iicls
of the owner in all respects
to
the reasonalde
sztisfaction of the engineer
of
tlie owner for the time being
bearing in mind tlie land derelopment scheme of the
owner
shown
on
the plan signed
by
the owiier ancl
by
John Beiiiiecly
on
behalf
of
the Coinpany w-liich plan
signed
by the
Eight
Honourable
James
Williani Lowther the Chairniaii
of
the
Corninittee of the House
of
Commons to
whom
the Bill
for
this Act
was
referred
has
been deposited in the
Private
Bill
Office of the House of
Commons
hut tLe signature of the
said plan
hy
tlie
said
Joliii
Keniiedy
on
belinlf
of
the Collipaily
shall not
be
taken
as
an
admission
on
the part of the Coiiipany
of
the right
of
the on'iier to impound the water of the Xirer
Yar
or
of the probability
or
practicability of tlie said
scEisiiie
so
far
as
the iinpoiinding
of
the
said water
is
colicemecl
:
(2)
In
the event of
any
dispute
or
tliference arising between
the on'iier aid the Coniliaii? concerning
tlie
meaning
of
this
section
or
anything lierein contained
or
anything
to
be
dolie
llereuiider
or
the rights
or
liabilities of either of the parties
and
in particular
as
to
the reasonableness of
any
of
the
requirements of tlie engineer
of
the
owner as
aforesaid tlie
same
sliall
be
referred
to
a
single
nrbitrator to
lie
appointed
on
the application
of
either the
owiier
or
of
the Coinpiy
as
the
case
may
be
by
thc
President
of
tlic
institution
of
civil
Eiigiiieers
for
the time being
and
every
such
reference shall be
s;ubject
to
the provisions
of
the Arbitrntioii Act
1889.
A3
5
C(LLpItL1.
Shares
iiot
to
he
i-sueii
until
one
fifth
paid.
Calls.
Receipt
in
case
of
persona
not
sui
juric.
Appoint-
>lent
of
receiver.
[Ch.
xcix.]
South
Western
ancl
Isle
of
Wight
[1
EDITr.
7.1
Junction
Railway
Act,
1901.
8.
The capital
of
the Coiiipaliy sliall he six limiclred thousand
pon1:_ds in sisty tliousaiicl
shares
of
ten po~~iids each.
9.
The
Coinpaiiy shall not issue
any
sliare created
under
the
authority
of
this Act nor shall an. such
share
vest
in
the person
accepting the same uiiless
aiid
imtil
a
huiii iiot
being
less
tliaii one
fifth
of
tile
aiiiouiit
of
such share
is
paid
in
respect thereof.
10.
One fifth of the ainouiit of
a
share shall he the greatest
aimoiult
of
a
call
aid
two
inonths
at
least
shall
be
the interval
between successive calls and three fourths
of
the amount
of
:I
share sliall he the utmost aggrepte ainoiiiit
of
the calls made in
ails
year
iipon
any
share.
11.
If
any
money
is
payable
to
a
sharehoider
or
inortgagee
or
delmiture stock holder being
n
minor idiot
or
luna tic the receipt
of
the
guorcliaii
or
coininittee of his estate sliall
be
a
sufficient discharge
to
the Coiiipaiiy,
12.
'd'he
Company
mag
borrov
on
mortgage
of
the
under-
taking
aiiy
suin
not cxeeediiig
in
the mliole two hiindred thousand
pounds but
110
part thereof shall
lie
borrowed until the whole
capit:il
of
six hundred thoirsmd pouiids is issued
ailcl
accepted
and
oiie
hdf
thereof
is
paid
up
aid
the Coiiipiy have
proved
to
tlie
justice
~dio
is
to
certify iiiider the fortieth section
of
tlx Coiiip:\iiies
C1:iuscs
Coiisoliclutioii Act
IS45
liefore
he
so
certifies that the whole
sf
such
cai'itd
llns
l)ee11
issued ancl acceptecl
ancl
that
oiie
lidf
thereof
has
been paid up
and
tlint
not
iess
tliaii one fifth part of the
amount
of
each separate share
iii
such capital h:ia been paid
on
,i,,~xmt
<
I-,
.
thereof
:~nd
that such capital
was
issued boiiA
fide
aiid is held by tlie
perwns
to
~~~1ioiii
the
same
was
issued
or
their executors adininis-
iratorb
SLICCC~~OT:,
or
assigns
aiid
that such
persons
their executors
atlministmtors successors
or
assigns are legally liable
for
the
same
and
upon
procluctioii
to
such justice of the boolis
of
the Company
mid
of
~~ch
otlier
wicleuce
as
he sliall think sufficient
lie
shall grant
a
certificate
that
the
proof
aforesaid
has
Ixen given which shall be
sufficient
eyi4encc
thereof.
13
The mortgaFees
of
the undertaking inay enforce payment
of
awre;;lrs
of
interest
or
principal
or
principal
and
interest due
011
their
niortgxges
by
the
appointment
of
a
receirer
Tn
orcler
to
autliorise
die
appointment
of
:I
receirer
in
respect of
arrears
of
piincipal the ainount owing
to
the iiiortgagees by
whom
the
:1pplication
for
n
receiver
is
made
slid
not
be less tlian three
tllousalicl
pouiicis
in tlie n-hole.
tlic'reof
liefore
or
at
the
time
uf
the issue
or
:icceptancc
6
p
~nw.
7.1
South
Western and
Isle
of
?%ght
Junction
Railway
Act,
1901.
[Ch.
xciX.1
14.
The Conipany
may
create and issue debenture stock subject
A.D.
1901.
to
the provisions
of
Part
HI.
of
tlie Companies Clauses Act
1SGS
Debcyure
but
notwitlistanding anything therein contained tlie interest
of
a11
stock.
debeiiture stock niid
of
a11
iiiortgages
at
any tiine created and issued
or
granted by the Company under this
01'
aiiy
subsequent Act
shall
snliject to the provisions
of
any subsequent Act rank pari passu
(without respect to tlie dates
of
the securities
or
of the Acts
of
Parliainen
t
or
resolutions by
which
the stock and mortgages
were
:Lnthorised
j
and
slinll
lin\Te priority
over
all
principal moneys
secnrecl
by
such
mortgages Notice
of
the eff'ect
of
this eiinctiiient shall
be
endorsed
on
all
mortgages
and
certificates
of
debenture stock.
dehcntwe
rs
tock
or
borrowing
shall
be applied oiily to the purposes
Of
'noneys.
of tliis
Act
lo
wliich capital is properly applicable.
16.
The first ordinary meeting
of
the Coiiipaiiy
slinll
be
held
Fir\t
-within twelve iiioiitlis after the passing of this
Act.
17,
The
iiuiiiber
of
directors shall be
five
lmt
the Com11niiy
S'uiiiber
of
iiiay
v:wg
tlie iiuiiiber proviciecl
tlmt
the
iiuiiiber
lie
iiot
at
any
time
more
than seren
or
less
than three.
15,
All
moneys raisecl
under
this
Act
vliether by shares
Applichtioli
ordin:uy
meetiug.
18.
The qualification
of
a
director
sEiall
be
the
])ossessi~~i
hi
Qudiilw-
tioii
of
directorb.
Quolam
@f
directors.
his
own
right
of
not less thaii fifty shares.
19.
The
quorum
of
a
meeting
of
directors shall he three.
2Q.
The Rig11
t
Honourable
Augustns
Artliur
Earl
of
Eginoiit
ylrst
Sir
J
olm
Blundell Maple Baronet
Frnrik
Gerard Aiiinii Ricliard
TVilliaiii Evelyn Middleton
:tiid
Robert Cuningliaiiie M!irrayv
shall be the first directors
of
the Coiiilmnp
and
sliall
continue in
office
uiitil
tlie
first
ordinary meetiiig held
after
the
passing
of
this
Act
proxy
iiiay
either contiiiue hi
office
the directors apl-miiiteci
-
bv
tllih
di~toii.
Act
or
aiiy
of
tliem
or
inay
elect
a
iiew
body
of
directors
01-
directors to supply the placc
of
those not coiitiiicec!
ill
oflfce tEie
directors appointed
by
this
Act
being (if they contii~ut: qualified)
eligilde for re-election
aid
at the first ordinary iiieeting
to
be
lleltl
in every
year
after tlie first ordinary iiieeting the sIlarellolder,.;
lmesent in p~1*~oii
or
by
proxy
shall (subject
to
tile
power liereill-
before coiitaiiiecl
for
a.aryiiig the number
of
directors) elect perso1i:j
to
supply the places
of
the directors then retiring from
offico
agreeably to the provisions of tlie Compaiiies Clauses Collsolidatioli
Act
IS45
and
the several persoiis elected at
any
such
meeting being
tieither reiiioved
nor
disqualified
nor
having dieid
01-
resiglied sl1all
At
tliat
iiieetino. the
shareholders
present
in
person
OF
by
ElectioLL
of
3.
A4
7
[Ch.
xcix.]
South
Western
and
Isle
of
Wight
[I
Enw.
7.4
,Jtisnctioi~
Railway
Act,
1901.
A.D-1901.
continue
to
be directors until others are elected in their stead in
manner provided
by
the
saiiie
Act.
21.
The quantity
of
land
to
be taken by tlie
Company
by
agreement
for
the extraordinary purposes iiientioned in the Railways
Clauses Consolidation Act
1845
shall not exceed thirty
acres
bus
nothing in that Act or in this Act sliall
exempt
the Coiiipaiiy
from
any
indictinelit action or other proceediug
for
iiuisance
in
the event
of
any nuisance being caused
or
permitted
by
tlieiii upon
any
land
so
talien.
22.
The
powers
of the
Coiiipany
for the compulsory purchase
of
lands
for
the purposes
of
this Act
sliall
cease after the expiratioii
of tliree years from
tlie
passing
of
this
Act.
23.
The
provisions
of
sections
1s
to
23
of tlie Railways
Clauses Consoliclation Act
IS45
shall for
tlie
purposes
of
this
Act
extend
aid
apply
to
the water
and
ps
mains
pipes and apparatus of
_.
Lands for
exzra-
ordinary
purpo>wJ.
Period
for
com~ulbor~
laiicl b,
Protection
of
gas
and
water
maiw
of
local
purchase
of
17
Sway Public
18
Xilforcl
l’ublic
2~11
thoii
ties.
Height
nud
span
of
certaiu
brd
ge.
inclination
rds.
1
in
20
1
in
20
any
local authorit? and
sliall
be
construed
as
if
local
authority
”
were mentioneti
in
thobe
sections
in
aclilition
to
‘;
conipa1ip
or
society
”
Provided that
any
penalties recovered under section
23
shall be appropriated
to
that fund
of
the local autliority to which
their revenues in respect
of
water
or
gas
(as the case
may
he)
are
appropriated.
24.
The Company iiiay iiiake the
arcli
of
tlie bridge
for.
carrying
the
railway over
the
road
ncst
herein-after ineiitjoiied of
any
height :ind span
not
less
than the height
and
span herein-after
mentioned
in
coiinesioii therewith (that is
to
say)
:-
Span.
1
Description
of
Height.
I
Road.
I
Parish.
No.
on
deposited
Plan.
~-
17
I
sway
I
rublic
I
14
feet
I
25
feet
1-
-
25.
111
altering
for tlie
purlxxes
of
this
Act
the roads nest
herein-after mentioned tlie
Company
may
make
the same
of
any
inclinations
not
steeper than the iiiclina
tioiis
herein-after iiientioiiecl
in
coiinexioii therewith respectively (tliat is
to
say)
:-
Yarish.
No.
on
deposited
Plan.
Intended
Inclination.
I
ucsciiption
of
~oail.
I
[l
EDW.
7.1
Soutli
Western
and
Isle
of
Wight
Jzfizction
Railway
Act,
1901.
[Ch.
xcix,]
26.
All
rights of
way
over
or
along the 1)ortions of
roads
A.D.
1901.
streets footpaths
or
highways which shall under the provisions of
Extinguish-
this Act
be
stopped up
and
all
rights of way over
any
of
the
lands
ment
of
which
shall
under the compulsory powers
of
this Act be pudiased
or acquired
shall
be
and
tlie same are hereby extinguished.
27.
The lmrtions
of
the shore
or
bed of the sea which the
Extinguish-
Company niay &li tlie consent of the Board
of
Trade take
for
the
:::;:$'
Of
purposes
of
Railway
No.
1
s21all vest in the Coiiipany free from
forcsliore.
all
public
ancl
other rights
of
ay
or
passage in over
or
affecting
the same.
--
right:
of
28.
Persons empwered by the
Lands
Clauses Acts to sell
Pe-
1
sons
under
dis-
and convey
or
release lands may if they think
fit
subject
co
the
ma,y
prorisioiis of those Acts
and
of
this
Act
grant to the Company
grant
em+
any easement riglit
or
privilege (not
being
an
easement riglit
or
lllcntq
cy-c.
privilege of water
in
whicli persons other tliaii the grantors have
an
interest) required for the
purposes
of
this Act in over
or
:tEecting any such
laiids
and
the prorisions of the said Acts with
respecr;
to
lands
and
rentcharges
so
far
as
the sanie arc applicable
in this behalf
shall
esteiicl
aiicl
apply
to
such graiits
:incl
to such
easemeiits rights ancl privileges
as
aforesaid respectively.
29.
Subject
to
the provisions
of
the
Lands
Clauses Con-
~o~r
to
solidation
Act
IS45
the Company may hold and use
and
niay from
~~~~~~~~~~
time
to
time
sell
lease
or
otliermise dispose of in such manlier for
such coiisidera tion
and
on
such
terins and conditions
as
they think
fit
and
in case of sale either
in
colisideration of
a
gross sum or of
an
aniiual
rent or
of
any
payment
in
any
otlier foriii any
lands
or
huildiiigs acquired or provided by them under this Act
and
not
required for tlie pU1'1JOSeS of tlie railway
and
may execute and
do
any
deed
act
or
thing proper for effectuating
any
such sale lease
or
other disposition.
30,
Kotwithstancliii~ anything contained in section
46
of the
Coiiipai1y
?
Railways Clauses Colisoldation Act
1845
the Coinpany shall not
be liable
to
inaiiitaiii the
surhce
of
any road
or
public highway
face
of
loact
which shdl be carried over -the railway
by
a
bridge or briclwes
gradient
of
or the immediate approaches to such bridge
or
hridges
unless
altered.
wliich
is
not
--
v
the levels of such
mid
or public highway
or
bridge :tpproach
shall
be permanently altered
so
as
to increase the gradient
of
any part
thereof.
31.
With respect to any
lands
which the Company
are
by
power
to
this Act authorised to enter upon take
ancl
use for tlie purposes
of
ments
for
9
[Ch.
xcix.]
South
Western
and
Isle
of
Wight
Jzcnction
12ailzoa.y
,4ct,
1901.
A.D.
1901.
the railway and where the railway is sliowii
on
the deposited plans
constructing
and sections
as
intended
to
be
constructed
in
tuiiiiel
the
Coiiipaiiy
tunnels.
may
purchase
and
acquire
an
easement
or
rislit
.,
oE
constructing
and
using the railway through
or
under such
laiids
without being
obliged
to purchase the
land
over the
railway or
any houses
or
buildings
thereon
or
tlie
wliole
of
any
property under the provisions
of
section
92
of
the 1,aiids Clauses Consoliclation
Act
1S45
uiiless the
jury
or
tlie arbitrators
or
their umpire to whom tlie question of
disputecl compensation
shall
be suhinittecl shall deteriiiine that such
right,
or
easement cannot be acquired
or
used by the
Company
without material detriment
to
such properties Provided that nothing
lierein
contained
slid
re!iesre
the
Company from liability
to
make
coiiipenhation under section
GS
of
the
1,ands
Clauses Consolidation
Act
IS45
in
respect
of
aiiy properties through
or under
vbicli
the
Coiiip21iy may purchase
or
acquire
an
easement
or
right
of
coii-
structing and
using
such tniiiiel
or
:ipply
tc!
any
Iancls
the
grouiid
siwface
of
vhich
is
at
a
It
height tliaii thirty feet
ahore
the
crown
of
the tunnel
as
the
same
shall
bc
constructed.
[l
EDW.
7.1
--
Powcrs
of
lateral
and
vertical
cloviatioii
and
of
altering
gradients
ancl
curves
of
railway.
3
2.
The Coiiipany not~~~ith~~a~idiiig tlie provisions
of
the
Railways
C1:tuses
Consolidation
Act
IS45
incorporated
vi
til
this
Act
iiia~
deviate laterally froi-ii the lines
of
tlie railn-ay
n-liere
in
tuiinel
as
deliizeated on the deposited
plans
tliert3of
to
any
extent
within
tlie
limits of devktion showi
on
tliose
plans
aiid
may
deviate
from tlie
levels
of
the
railway
where
in
tunnel
as
deliiieatecl
on
the
deposited sectiolzs thereof to aiiy extent not exceeding ten feet
upwards
or
downwards
aiid
inay
increase
any
incliiiatioii
or
gr
a
d’ lent
of the railway
sliowii
011
the deposited sections tliereof
to
such
an
extent
as
they
may
see
fit
provided that
such
iiiclinations
or
gradients Ti-here
so
iiicreased be not steeper than one
in
forty
aiid
they
iiiay
diiiiiiiish
tlie
radius
of
any curve prescribed
on
tlie
deposited
plans
of
the railway to
an)
extent which
slinll
leave
a
radicts of not
less
than
oiie
furlong l’rovidecl that
110
deviation
either
lateral or
vertical
below
liigli-water
iiinrlr
shall
be
macle without
tlie
coiiseiit
iii
writing
of
the 43oarcl
of
Trade.
Bestrictioiis
33.-(1)
The Company
shall
iiot
under
the
powers
of
tlii.:
on
c%)laci%
Act prcliase
or
acquire
in
any borough
or
otlier
urban district
persons
of
labouring
ancl
elsediere
than in any boro~gli or urban district
any
parish
teii
class.
or more
houses
vliich on tlie fifteenth
clay
of December last
were
or
1iai-e
beeii
since that
day
or
sliall
hereafter be occupied either
wholly
or
partly by persons belonging
to
the labouring class
as
tenants
or
lodgers
uiiless
ancl
until the
Coiiipaiij*--
10
[1
EDW.
i.j
Xoz&
Western
and
Isle
of
V7ight
Jzcnctioiz
Rnilway
Act,
1901.
[Ch.
xcix.]
(A)
Shall have obtained the
approval
of the Local Goveriiineiit
A.D.
1901,
--
Board
to
n
scheinc
for
provicling iiew clwelliiigs
for
such
inmiher
of
persons
as
were residing in
such
houses
0x1
the
said fifteenth day
of
Deceiiiber
or
for such iiniiiher of persons
:IS
the Local Goveriiiiieiit
Board
shall after iiiyuiry deem
iiecessary having
rqard
to
the
iiuiiiber of persons
on
or
after
that
da
tc!
residing
in
such liouses
and
working witliin one iiiile
therefrom
and
to
the amount
of
vacant suitnble :tccoiiimoclation
in
the iininecliate neighbourhood
of
such
houses
or
to
the
place
of
eiiil)loyiiient
of
such
persoiis
ancl
to all the other
circuinstaixea
of
the case
;
ancl
(E)
Shall have given security to the satisfaction
of
the Local
Government
Eoarci
for
the carrying out
of
the scheme.
(2)
The
approral
of
the
Local
Goveriiiiieiit Board
to
any scheme
under this section
may
he
giveii either absolutely
or
conditioiially
aid
after the
Local
Governineiit
Boarcl
have approyecl of
any
such
sclieine they may from time to
ti
me npprove either absolutely
or
conclitionally
of
any iiiodifica tioiis in tlie sclieiiie.
(3)
Every
scheme
uncler
this section shall contain provisions
preserihiiig the time within which
it
shall
be
carried
out
ancl
&dl
require tlie new dwellings proposed
to
be provided
iiider
tlie
scheme
to
be coinpleted
fit
for
occupation before the persoiis residing in the
houses in respect of which the scheme is made are displaced
:
Provided that the Local Goveriiinent,
Board
may
clispense wit11
the
last-meiitioiied reqnirenient
subject
to
such
conditiolis (if any)
as
they
iiiay
see
fit.
(4)
Any
lrovisioiis
01
any
sclieiiic
uncler this section
or
any
conditiolis
subeject
to
whicli the
Loc:il
Government
Board
mnv
have
:Lpprowcl of
any
scheme
or
of
any
modifications
of
any scheiw
or
subject
to
vhich they may
hsve
dispensed with the alnove-iiieiitioned
reynireiiieiit shall
be
enforceable by
a
writ of Mandamus
to
be
obtained
1)s-
the
Local
Goveriiineiit Board out
of
the High Court.
(5)
If
the
Compaiiy acquire
or
appropriate any house or houses
for
the piirposes
of
this Act in contravention of the foregoing
provisions
or
displace
or
cause
to
be
displaced the persons residing
in
any
house
or
houses
in
coiitrawntion
of
the requirements
of
the
scheiiie they shall be liable
to
a
penalty
of
five
hurlclred
pomids in
respect
of
every
such
house
11
hich penalty shall be recoverable
by
the
Local
Go~ernnieiif Boarcl
by
action
in
the High Court
aiid
shall
be carried
to
and
foriii
part
of
the Consolidated
Fmd
of
the United
Kingdom Provided that the Court
may
if
it think
fit
reduce
such
peiialty.
*
11
[Ch.
xcix.]
South
Western
and
Isle
of
Wight
Jzanction
Railtoay
Act,
1901.
[l
EDW.
7.5
(6)
For
the
pnrpose
of
carrying out
any
scheme
under
this
section the Compaiiy may appropriate any
laiids
for the time being
Selonging
to
them or which they
have
power to acquire
and
may
pnrchasc?
such further lands
as
they may require
and
for
the
purpose
of
any
such
purchase sections
l7G
and
297
of
the Public Health
Act
lST5
shall be incorporated with this Act and
shall
apply to
the
purchase of lands
by
the Company
for
the
purposes
of
any
schenie
under this sectioii in the same
niaiiiier
in
all
respects
as
if
tlie
Company
were
a
local authority within the iiieaiiing
of
tlie Public
Health
Act
1575
and
the scheine
were
one
of
the
purposes
of
that
Act.
(7)
The
Conillany
may
011
any
Imds
belonging to them or
purclinsed
or
acquirecl
uiider
this
section
or
any
Provisional
Orcler
isened
in
pirsLiaiice
of
this section erect
sucli
dwellings
for
persous
of
the
lahonriiip
(:lass
as
iiiay
be
necessary for the purpose
of
any
sclieme
under
this section
and
may
sell
cleiiiise
or
let
or
otherwise
dispose
of
sucli
cln.elliii,rrs
:\nd
any
laiids purchased
or
acquirecl
as
aforesaid
atid
iiiav
apply
for
the purposes
oE
this section to n-liich
capital is properly applicable
or
aiiy
of
such
pirpposcs
any
iiioiieys
which they
may
be
authorised to raise
or
apply for the general
piirposes of their undertaking
:
Provided
that
all
la&
on
which
any
Isnilclings have been erected
or
providecl
by
tlie Company in
lprs~~atice
of
any
scheine Liiicler
this section slid1
for
a
period
of
twxty-five years
from
tlie date
of
the scheme be appropriated
€or
the purpose
of
such
dwelliiigs
and
every
coiiveyaiice cleiiiise
or
lease
of
such
laiids
ancl
buildings shall
be
eiidorsed
with notice of this eiiactmetit
:
Proded
also
that the
Local
Goveriimeiit
Board
inay
at
any
time
clispeiise with
all
or
aiiy
of
the requireinents
of
this subsection
subject
to
such coiiclitioiis
(if
any)
as
they
may
see
fit.
(S)
~ot\~,ithstaiicliiig anything to the
contrary
in
section
157
of
the
Public
Health Act
1S75
tlie
provisions of that section
ancl
of
sections
155
and
156
of
the saiiie
.Act
shall apply
to
huilcliags
erected or providecl
by
the
Coiiipaiiy
for
the
purpose
of
aiiy
scheme
under this section.
(9)
The
Local
Governiiieiit
Board
iiiay
direct
any
inquiries
to
he
held which they
may
deem necessary in relation
to
any scheme
uiicler
this section
aiicl
for
giriiig
effect
to
any
of
the provisions
of
this
section
and
the inspectors
of
the Local Goveriiineiit
Boarcl
shall
for
the
purposes of
any
such
inquiry have
all
siich
powers
as
they
have
for
the
purposes
of
inquiries directed
bv
that
Board
under
the
Yu)3lic Health
Act
1575.
A.D.
1901.
-
12
111
En~v.
7.1
South
H7esteru
aim?
Isle
of
Wiglit
Junction
Bniltcay
Act,
1901.
[Ch.
xcix.]
(10)
The Company
shall
pay
to the
Locd
Governn~ent
Board
w
sum
to be fixed
by
that
Board
in respect
of
the preparatioll
and
issue
of
any
Provisioiial
Order
in purs~~aiice
of
this
section
ancl
a117
expenses iiicurrecl
by
that
Board
iii
rela
tioii to
my
iiiquiries ulider
this sectioii iiicludiiig
the
espeiises
of
any
witnesses suiilmolied
by
tile inspector
aiitl
a
suiii
to
be
fixed
by
that
Board
not
exceeding
three guineas
a
clay
for tlie services
of
sue11
inspector.
(1
1)
Any
houses
purchasecl
or
acquired
by
the
Coinpmy
for
or
in coiir,exioii vith any
of
the purposes
of
this
Act
v-hether
purchasecl
or
acquired
in
exercise
of
tlic
1m~rer.s
c~iiferred
by
tliis
Act
or
otherwise
and.
vhether
before
or
after the
a as sing
of
this
Act whicli
iiiay
have
been occupied
by
persons
of
the
1abourii:g
elms
within five years
before
tlie
passing
of
this Act
and
for
which houses
110
substitutes
have
beeii
or
are
directed
to
be
provided
by
any
scheiiie
approved
by
the
Local
Government
Coard
wider
the
pon~ers
of
ail?
previoiis Act relating
to
the
Coiiii)aiiy
shall
for
tlie
purposes
of
this sectioii be deemed
to
hare
been
acquiretl uiicler
the
powers
of
this
Act
aiid
to
have been occupied
on
the
fifteenth
(lay
of
Deceinlm
last
by tlie
same
iiiiinhw
of
;:ersons
belonging
to
the iabouriup
clas!;
as
were
occupying tlie
szid
11\)11ses
at the date
of
their
acquisition Yroviclecl that if the
1,ocaI
Goveriiiiieiit
lhrd
are
uii:ible
to
ascei-t:iiii the iiuinber
of
such
persons
wlio
were tlieii
occupyi~ig
the
said houses the said
Iioiis~s
shall
be
deeiired
to
lsave
lxeii
occupied
by
such
uumber
of
such
persons
as
ii:
tlie
opiriion
of
the
Loc:il
Go~-ernimnt
Eoarcl
t
11
ey
111
ish
t
11
a
re been
si
iffi
c
i
e
n
t
to
s
c c
om
iii
oda
te.
(12)
For
the piu-lmes
of
this scctioii the expressioii
''
house
"
means
:in7
house
or
part
of
a
liouse
occupied
as
a
separate
d~-elliiig
and
the cqnmsion
''
labouring
class
"
iiieans
inechanics
:irtiz:tiis
Ixtbourers
:tnd
others morliiiig
for
mgee
hawliers
coster-
iiioiigcrs
persoiis
not
working
for
wages
but
working
at
soiiie
tracie
or
Iiaiiclici-aft n'itliout eiiiplo~iiig others escept memhers
of
their
011
n
faiiiilr
and
perscms
other
tliaii
domestic servaiits whose
iiicoiiw
does
not
exceed
an
arelaage
of
tliirty shillinos
a
q-eek
ancl
tlie
families
of
any
of
such persoils who
majr
be
resitling
~vitli
theiu.
AB.
1901.
-
9
34.
If
the
railn-ay
is
not
couipleted
within seven years
from
Peliotl
0,.
the
pssilig
of
this dct
then
on
die expiration
of
that
pei-iod
the
comP1etlol~
of
rn
il
W"7.
powers
by
this Act
graiitecl
to
the
Company
for
making
and
coiiipletiiig the railway
or
otherwise in relatioil thereto
shall
cease
except
as
to
so
much
thereof
as
is
th1
completed.
13
AD.
1901.
I'r:tffic
may
Le
worked
by
elec-
tricity.
I_
Power
to
mnius
kc.
lay
clectric
[Ch.
xcix.]
South
Western
and
Isle
of
Wigkt
Junction
Railinay
Act,
1901.
[
1
Emv.
7.1
3
5.
Subject to the provisions herein-after contained the
Company
may
work by electrical power the traffic on
the
railway
aiid
with
the
coiisent
of
the
Soutli
Westerii Company
and
tlie
Freshwater Yariiioutli
and
Newport Iiailwas Company the traffic
on
such portions of
the
railways
of
those companies
as
by
this
Act the Company
are
authorised
to
run over and
use
and
with
tlie coiisent of
the
Freshwater Yariiionth
arid
Yewport Railway
Company and
of
the IsIe
of
Wight Central Ittailway Company the
traffic also on such portions of
tlie
railways
of
those companies
as
lie between
the
termination
of
Railway
No.
2
ancl
tlie station
of
tlie Isle
of
Wight Ceiitral Railway Company
at
Newport iiicluding
that station.
36.
Suliject
to
the restriction
of
the
last
preceding section and
to
the
provisions herein-after
contained
the Company iiiay for the
prrpcm of carrying into deet
any
of
the provisions aforesaid
lay
down
place
ancl
fix
on
ancl
along
aiiy
of
tlie
railwaj-s
in the
lnst
precediiig section referred to or
in
and on
any
laixls
lielcl
or
used
in
coiiiiesion tlieremitli
and
may
maintaiii
and
me
electric
niaiiis lines cables bonds wires
aid
pipes for transiiiittiug
ancl
may
traiisiriit
along
tlteiii
or
along tlie rails
of
tlie said railways electric
energy
and
limy
erect iiiainiain
and
use
such
machinery plant
appratus
ancl
appliances
as
iiiay
be
rey
uiretl
for
\+rorIiiGg
1))-
electricity the said
railmys
or
aiiy
of
them
sild
the lifts
fans
pumps
ancl
other
worlis connected therewith.
If
in
tlie ;rp.d:iptation of tlie qaid railways or
any
of tlieiii
or
any
part
thereof for working by electrical pomr
or
in
consequence
thereof the telegraphic telephonic
or
electric signalling communi-
cation or the electric circuits
or
any other electric appliances
used
i)y
or
in comesion with tlic said railways
or
either of them
shall
at
any
the
or
from
time
to
time be interfered wit11
or
disturbed
tlie
South Western
Coiiipany
the Freshwater Yarmoiith
arid
Ne~7port
lidway Coiiip:iny
or
the Isle of Wight
Central
Railway
Coiiipaiiy
as
the
case may
be
may
execute
aiid
maintain
at
the expense
cf
the
Coinpaiiy all s;ucli iieeclful
and
proper
works
as
may
be reason-
ably
necessary
for removing or obviating aiiy such interference
or
disturbance Provided that the
Soutli
Western Company the
Freshnrater Yarmouth
and
Newport
Railway
Company or the
Isle
of
JVight Central Railway
Company
as
the case
may
be
shall
in
csecuting
any
moi-lis under this section f ortliwith
give
notice thereof in writing
to
the
Coiiipany
specifyiiig in
such
notice
the particular interferziice or disturbance coinplained
of
and
tlie
14
[
1
Enw.
7.1
Xozcth
Western
and
Isle
of
Wight
Junction
Bailway
Act,
1901.
[Ch.
xcix.]
character and extent
of
the works which are being executed in
A.D.
1!~1.
consequence thereof Aiiy cliiTererice with respect
to
the iiecessity
for
and the character and extent
of
any
sucli works
shall
be settled
by
an
arbitrator
to
be appointed
hy
tile
Board
of
Trade on the
application
of’
the Company
or
oi
tlie company proposing to
execute the
works.
The Company shall make
f
nll
compensation to
anv
person
whose lsnds slrall have bcen injurionslp affected
by
reason
of
tlic
construction
of
the
works
by
this section authorised
and
tlie
ainount
of
such coiiipeiisation shall
in
case
of
difference be settled by
arbitration in nianner provided by the Lands Clauses Acts.
I-
-
3
7.-(a)
Notwithstanding anythitig
in
this Act coiitaiiiecl
if
For
protec-
any
of
tlit:
worlis
authorised
to
be executed by this Act involves
Postmaster-
or
is likely to inrolre
any
dtPi%tioii
of
any
telegraphic hie
GeiLernl.
belonging
to
or
usecl by
the Postmaster-Creiieral tlie provisions
of
section seveii
of
tlie Telegraph Act
lS7S
shall
apply
to
any
such
alter
a
t’
1011.
(n)
In tlie event
of
tlie railway
or
any
prt
of
the railn-ays in
the
last
preceding section referred to being T-vorlied
by
electricity
the follo~ing provisions shall have effect
:-
(
1)
The Coiiipaiiy shall construct their electric lines and other
works
oE
all
descriptions
ant1
shall
work
their iindertaking
in
all
respects with
clue
regnrcl
to
the
telegraphic lines
froiii
time
to
time used
or
iiitenclecl to be usecl by His 3Iajesty’s
Postii1,2ster-Geiieral and tlie curreiits in
such
telegraphic lines
ancl
shall
LISF
every reason,zble
nienns
in the coilstruction
of
their electric lines
and
other
xorlis
of
all descriptioiis aiid
the working
of
their uiidertnkiiig
to
prevent iiijnrious nffcctioii
whet2ier by induction
or
otlierwise
to
such telegraphic lines
or
the currents therein
If
any question arises as to whether
the Company
have
constructed their electric lilies
or
other
w~rliis
or
work
their untlertaliing
in
contravention
of
this
subsection sucli question shall
be
determined by arbitration
aiid the Company
s1i:dl
be
bouiid
to
make
any alterations in
or
additions
to
their system which niay be directed by the
arbitrator
:
(2
j
If
my
telegrapliic line
of
the Postaiaster-General is in-
juriously aff‘ected by
the
construction
hy
the Compaiiy
of
their electric lilies
:tiid
worlis
or
by tlie vorliing
of
the
uiidertaking
of
the Compmy the Company sliall pay tbe
expense
of
:di sucli alterations
in
the telegraphic lines of
tioii
of
the
15
[Ch.
XC~X.]
South
Westem
ad
Isle
qf
Wight
Junction
&ailway
Act,
1901.
[
1
Enw.
7.1
the Postmaster-General
as
iiiay be rlecessary
to
reiiieciy
such
injurious affection Provided that this subsectioii sliall not
21lqdy
to
any telegraphic line of
the
Postinaster-Gciieral laid
clon-n
or
placed
hy
liiiii
on
or
dong
sucli
part
of
tlie railway
as
is
shown on the deposited
pIa115
and
sections
as
inteiicled
to
be
constructed in tunnel
:
(3)-(~)
Before
any
electric hie
is
hicl
do\~n
or
any act
or
norli
for
working
any
of
the railn-a!-s aforesaid
by
electricity
is done within ten
yards
of
any
part
of
a
telegraphic line
of
the Postmaster-General (other
t1i:ui
repairs
or
the laying of
lilies crossing tile line of the Postmaster-Geiiel.nI at right
angles
at
the point of shortest distance niid
so
coiitiii~iing
for
a
distxiice
of
six feet
on
c:~cli sidc
of
such point) tlie
Coiiipaiiy
or
their agents not iiiox than t~~enty-eight
nor
less
tliaii
fourteen
days
before
comiiiei?cing tlie
work
s1i:dl
give
nitten notice
to
the Postinaster-~eiieral specifying the course
of
the line
aud
the iiature
of
tlie
~ork
includiii,g tlie gauge
of
aiiy
Trire
aiicl
the Coiiilxiny
and
their agents
slid
eoiiforiii
Kith
such reasoiiable requireiiients (either
geiieral
or
special)
as
iiiay
from
time
to
tiiiie
IJe
iuacle
by
tlie ~ostiiiaster-~~eiieral
for
the purpose
of
preventing aiiy telegraphic
!ine
of
the
Postiiiaster-Geiieral
from
being iiijuriously
aff
ectecl hv the
said
act
or
work
:
(B)
,hy
difference ~vhicli arises betnwn the Postmaster-
General
and
the CGiiipaiiy
or
their
agents n-itli respect to
any
reyuireiiients
so
inade shall be cieterminetl
by
arbiti
-a
t'
1011
:
(4)
In the
case
of
any
telegrnpliic
hie
of
tlie Postmnster-
General laid down
or
placccl
by
hirn on
or
aloiig
sucll
part
of
the
railway
as
is s1ion.n
on
tlie deposited plans
and
scctioiis
as
intended to
be
coiistriictc-cl in tunnel
if
tlie C'oinp:iny
are
put
to
any
additional expense
1)y
reason
of
the
obligations
iiiiposecl on theiii
by
this section
or
by reason
of
my
reciuireiiieiits
of
tlie Po~tiiiaster-Gei?eral
or
of
ail?
direction
of
tlie arbitrator
for
prc~-eiitiiip injurious affection to
such
teiegraphic line
or
the cnrreiits therein
sucli
aclditioiial expense
shall be borne
in
such
iiiaiiiier
as
illay
be
agreed betveell
tlie
Postmaster-General
ancl
the Coi~~piiiy
or
in
case
of
difference
inay
be
cleterminecl by arbitratiou
:
(5)
In
the eveiit of any contraventioii
of
or
wilful
11011-
compliance with this section
by
the Coiiipanv
or
thcir agents
the Compaiiy shall be liable to
a
fine
not exceecling ten
pounds for
every
day
cluriiig
which
sucli
contravention
or
16
f1
EDW.
7.1
South
Westem
and
Lyle
of
Wight
Janction
Railuq
Act,
1901.
[
Ch.
xcix.]
non-compliance continues
or
if
the telegraphic cominunicatioll
A.D.
1901.
is
‘wilf~dly interrupted not exceeding fifty pounds for every
day
on
which such interruption continues
:
G)
Provided that nothing in this section shall subject the
Company
or
their agents to
a
fine under this section if they
satisfy the court having cognisance of the
case
that the
iinmecliate doing
of
the
act
or
execution
of
the work
TTXS
required
to
aroid
an
accident,
oil
otherwise was
a
work
of
emergency
aiicl
that they forthmith served on tlie postmaster
or
sub-postinaster of the postal
-
telegraph office nearest
to
the
place where the act or
work
was done
a
notice of tlie
execution thereof
stating
the reason for doing
or
executing
the same without previous notice
:
(7)
For
the purpses
of
this section
a
telegraphic line of the
Postmaster- Gener:il sliall be deemed to be iiijuriously affected
1)s
an act
or
work
if
telegraphic conirnuiiication
by
means
of
such hie is whether through induction
or
otherFise in
any
ilinniier aft’ectecl
by
such
act or
work
or
by
any use niscle
of
such
work
:
(8)
For
the piirposes
of
this section and subject as thereill
provided sections two ten eleven and twelve
of
the Telegraph
shall be deemed to be incorporated with this Act
:
(9)
The expression “electric line
”
has the same irieaiiing in
this section
as
in the Electric Lighting Act
1582
:
(10)
Any question or difference arising under this section wliicli
is
directed to
be
deterinined by arbitra tioii shall be deterinined
by
ai1
arbitrator appointed
by
the Board of ‘Trade
011
the
application of either party whose decision shall be final and
sections thirty to thirtS-two both inclusive of the Regulation
of
Railways
Act
1568
shall apply in like nianner
as
if the
Company
or
their agents were
a
conipany within the meaning
of that Act
:
(11)
Nothing in this section contained shall be held to deprive
the Postmaster-General
of
any existing right
to
proceed
against
the Company
by
indictment action
or
otherwise in relation to
any
of
the matters aforesaid
:
the Company
”
includes
their lessees and any person owning working or running
carriages on any
of
the railways aforesaid
by
electrical poFer.
38.
The
provisions of tlie immediately preceding section of
For
protection
-
(12)
In this section the expression
of
Tl’ar
Depart-
Admiralty.
this Act shall extend to and
for
the benefit
of
His
Majesty’s
ment
and
B
17
[Ch.
xcix.]
SozitlA
Western
nnd
Isle
of
Wight
[l
1;iUV.
7.1
Junction
Railwuy
Act,
1901.
a.1).
1901.
Priiicipal Secretary
of
State
for
the
War
Departnieiit
aiid
of
the
-
Lands
for
cenernting
>tation.
Special
provisious
:LS
to
use
of
electrical
powcr.
Admiralty
as
tliougli he and they
were
namecl
therein instead
of
the I~ostiiiaster-rreiiernl
aiicl
subject
to
the provisioiis
of
the
said section thc powers conferred upon the Postmaster-General
hy
section
G
of
the Telegraph
-4ct
1878
in relation to the
con-
struction of telegraphic liiics
along
uiidertalcings nutirorisecl by
Act
of
Pnrliament
passcc1
after the
first
clay
of
January
1878
sEiall apply in favour of the said Secretary of State
and
of
the
-4clmiralty in relation
to
the railway.
39.
Snb-iect to the pro\-isions
of
this
-4ct
the Coiiipxiiy may
appropriate
a11d
use
as
stations
for
generating
electrical eiicvgy
aiid
for
providing
:wrl
morliiiig tliercoii eiigiiies dynamos
:incl
otlier
electrical plxiit
and
u-orlis
the
laiicls
clcscribecl
iii the
sclieclnle
to
this
Act
hit
nothing
iii
this Act
slixll
autliorisc
tlie
Coitipaiiy
to
generate electrical energy elsewhere
tlinii
on tlie lands
so
de?,crihecl.
40.
The
follo~viiig
provisions
+hall apply
to
tlie me
of
electrical
1)over
uiicler
this
i\
ct
imless such
po~wr
is
en
tirely
containecl iii aiid carried along with the carriages
:--
(1)
The Company shall employ either insulated
returiis
or
uiiiiisulatecl inetallic returns
of
low
resistance
:
(
2)
The
Coizipaiig slisll take
a11
rcasoiiable precautions in
constructing placiiig aiid niniiitr~ining their electric lines
and
circuits
aiicl
otlier
worlis
of
all
clescriptioiis aiid also
in
worlciiig
their undertnliing
so
as
not injuriously to affect
by
fusion
or
electrolytic action
any
gas
or
water pipes
or
other inetallic
pipes structures
or
substances
or
to
interfere with the working
of
any wire line
or
apparatus from time
to
time used
for
the prpose of transmitting electricai power
or
of telegraphic
telephonic
or
electric aipalliiig coiniiiunicntioii
or
the currents
iiz
such
wire line or apparatus
:
(3)
The
electrical
power
shall be used oiily in accorclaiice with
the
Board
of
Track
regulations aiid
in
snch
regulations
provision shall be macle
for
preventing fusion
or
iiijilrious
electrolytic
action
of
or
on
gas
or
water pipes
or
other inetallic
pipes structures
or
substances
ancl
for niiniinisiiig
as
Ear
as
is
reasonably practicable iiijurious interference with the electric
wires lines and apparatus of other parties and the
currents
therein whether such lines do
or
do
not use the earth as
a
return
:
(4)
The
Company shall be deemed to take all reasonable
precautions against interference with the working of any wire
I8
line or apparatus
if
and
so
long as they adopt
mid
eiiiploy
A.D.
1901.
at
the option
of
the Coiiipany either
siich
insulated returns
or
such uninsulated metallic returns
of
low resistance
ad
such other means
of
preventing iiijurious interference with the
electric wires lines aiid apparatus
of
other parties and tlie
currents therein as may be Drescrilxd by the Board
of
Trade
resulatioiis aiid in prescribing such
ineaiis
the Board shall
hare regard
to
the expense involved
aiicl
to
the
effect
tliereof
upon
the coininercial prospects
of
the uiiclertalting
:
(5)
At
tlie expiration of two years
Erom
the passing
of
tliis
,4ct
the prorisions
of
this section sliall
not
operate to
give any
right
of
action
in
respect
of
iiijurious interfrrence with
aiiy
electric wires lines
or
apparatus
c)r
the
currents therein unless
in the construction erection imiiitaining
ancl
working
of such
wires lilies
ancl
apparatus dl reasonable
and
proper precautions
inclLding the use
of
an insulated returii
have
been
t'
A
1-
Len
to
prevent iiijurious interference therewith aiid
with
the currents
therein
by
or
from
other electric currents
:
If
any
difference arises between the Coinpaiiy
and
any
other
party with respect
to
anything
in
tliis section contained such
difference shall unless tlie parties otherwise agree he determined
by the
Boarcl
of
Trade
or
at
the option
of
the
Board
by
an
arbitrator
to
be
appointed
by
the Board ancl the costs of such
determination shall be
in
the discretion
of
the Board or
of
the
arbitrator
as
the case may be
:
(7)
The Company using electrical power contrary
.to
the p*o-
visions of this Act
or
of tlie Board
of
Trade regulations shall
for every such offence be subject to
a
penalty not exceeding
ten pounds and
also
in
the case
of
LZ
continuing offence
to
a
further penalty not exceeding five po~~iids for every
clay
during which such offence continues after conviction thereof
Provided always that whether any such penalty has been
recovered
or
not the Board
of
Trade if in their opinion the
Company in the use of electrical power uiider the authority of
tliis Act have made defaiilt in complying with the provisions
of this Act or the Board
of
Trade regulations
may
by
order
direct the Company
to
cease
to
use electrical power and there-
upon
the Company shall cease to use electrical power and shall
not again
use
the same unless with the authority
of
the Board
of
Trade and
in
every
such
case the Board
of
Trade shall
make
a
special report
to
Parliament notifying the making of
such
order
:
-
(6
E2
19
A.D.
1901.
-
Power
to
hold
patent
rial1
ts.
Agreements
of
electrical
en
ergyo
ax
to
supply
Deposit
money
not
to
be
repnii!
dxcept
so
Ear
as
railway
opened.
[Ch.
xcix.]
South
Western
and
Isle
of
Wiqlit
Junction
RailwaLy
Act,
1901.
[l
EDW.
7.1
(8)
The expression
“
Company
”
in this section sliall include
aiiy
company committee
or
person owiiiiig working or ruiiiiing
carriages over my railway
of
the Coiiipany.
41.
The Company may acquire aiid hold patent and other
rights and licences (not being exclusive
in
relation to the
use
of
electrical power)
for
the purposes of this
Act.
42.-(
1)
The
Coiiipany on the one hand sad
any
local authority
conipaiiy body or person authorised
to
supply electrical energy
aid
power in any district
in
or near which any part of the railway is
situated
011
the other
hand
niuy
enter
into
aiid carry
into
effect vary
or rescind agreements mitli respect to the siipply
to
the Company
of
electrical energy or power
by
such local authority compaiiy body
or person as aforesaid for the working of the railway or any part
or parts thereof and
any
fans pumps aiid crther works connected
therewith and of
any
railways which
the
Company are
by
this
Act authorised
to
work or use.
(2)
Any supply
of
energy under this section
by
any local
authority colupany body
or
person
to
the Company and
any
works
constructed
by
aiiy
such
local autliority company
body
or
pereon
for
the purpose
of
such
supply sliall as regards
such
local
authority
company body
or
person be subject (except with respect to the area
within which the electrical energy
so
supplied may
be
used
by
the
Company)
to
tlie provisions of the Act
or
Order under which
the local authority coiiipany
body
or person giving such supply
is
authorised to generate aiid supply electricity
or
execute works for
tlie
purposes of their ovn undertaking.
43.
Whereas pimuant to the standiiig orders
of
both Houses
of
Parliaiiient and to the Parliamentary Deposits Act
IS46
a
sum
of
twenty-seven thonssnd six hundred pounds local loans stock
being equal to five per ceiitiriii upoii the amount of the estimate in
respect of the railway has been deposited with tlie Paymaster-
General for aiid on behalf
of
the Snpreiiie Court in respect of the
application to I’arliaiiient for this
,4ct
(which
sum
is referred
to
in this Act as “the deposit fund
”)
Be
it
enacted that iiotwith-
standing anything contained in the said Act the said deposit fund
?hall
not lie paid
or
transferred to or on the application of tbe person
or persons or the majority of the persons iiained in the warrant
or order issned in
pursuaiice
of
the
said
Act or tile survivors or
survivor of tlieni (which perstjns survivors
or
survivor are
OF
is
in
this
Act
referred to
as
‘‘
the depositors
”)
unless the Company shall
previously
to
the expiration
of
the period limited
by
this
Act
for
20
[l
EDW.
7.1
Suuth
Western
and
Isle
of
Wight
.Jtzcnction
Railway
Act,
1901.
coinpletioii of the railway open the same for the public conveyance
A.D.
1901.
of passengers aiid if the Company shall make default in
so
opening
the
railway
the deposit fund shall be applicable and shall be
applied
as
provided by the next following section Provided that if
within such period as aforesaid the Conipany open
any
portion of
the
railway
for the public conveyance of passengers then
on
the
production of
a
certificate
of
the Board of Trade specifying the
length of the portion of the railway opened
as
aforesaid and
the portion of the deposit fund which bears
to
the whole
of
the
deposit funcl tlle same proportion
as
tlie length
of
the railway
EO
opened bears to the entire length of the railway the High
(:ou~%
shall on the application of the depositors order the portion
of
the
deposit fund specified in
the
certificate
to
be paid
or
transferred
to tlicrn or
as
they shall direct aiid the certificate of tlie Board
of Trade shall be sufficient evidence of the facts therein certified
and it shall not be iiecessary to prodiice any certificate of this Act
having
passecl
anything
in
the above-mentioned Act to the coiitrary
iiot~~~itlistanding.
period limited for the coinpletion
of
the railway complete the same
of
deposit.
and open
it
for the public conveyance of passengers then
aiid
in
every such case the deposit fund or
so
niiich thereof
as
shall not
have been paid to the depositors shall be applicable and after due
notice in the London Gazette shall be applied towards compensating
any
landowners or other persons whose property has been interfered
with
or
otherwise rendered less valuable
by
the coiiimeiiwment
construction or
a
bandoiiment of the railway or
any
portion thereof
or who have been subjected to injury or loss in consequence
of
the
conipulsory powers of taking property conferred upon the Company
by
this
-4ct
ancl
for which
injury
or
loss
no Compensation
or
inadequate coinpensation has been paid and shall be distributed
in
satisfaction of such coinpensation
as
aforesaid in such manner
and
iii
such proportions
as
to
the High Conrt
inay
seem fit
Snd
if
no
such coinpensation
is
payable
or
i€
a
portion
oP
the deposit
fund
has
been found sufficient to satisfy all just claims
in
respect
of such coiiipensation then tlie deposit fuiid
or
such portion
thereof
as
inay
not
be
required
as
aforesaid shall if
a
receive).
has been appointed
or
the Company is insolvent
or
the undwtaliing
has been
abancloned
be
paid or transferred
to
such receiver
or
be applied in the discretioii of the court
as
part
of
the assets
of
the Cornpany for the benefit of the creditors thereof
and
subject
to
such application shdl
be
repaid or retransferrecl to
the
ciepsiitors
[Ch.
xcix.]
-
44.
If the Cornpuny
do
not previously
to
the expiration of the
Application
B3
21
[Ch.
xcix.]
X&th
Western
and
Me
of
WigJit
,Junction
Railway
,4ct,
1901.
[l
EDTV.
7.1
AD.
19uI.
Provided that uiitil the 6eposit
fund
has been retraiisf erred
to
the depositors or
has
becoiiie otherwise applicable
as
herein-before
mentioned any interest
or
dividends accruing thereon sliall froni
tiiiie to time and as often
as
the same shall become payable be
paid
to
or on the application of the depositors.
45.
The Company
inay
demand
:tiid
take for the use of the
railway by any other coinpany
or
person with eiigines aid carriages
such
reasonable tolls
as
they tilink
fit.
46.
The
classification
of
merchandise
traffic
including perishable
merc1i:mdise escwdiiig fifty-six pounds in weight by passenqer train
and the scliedule of maxiinum
rates
and
charges applicable thereto
and
tlie regnlations and provisions contained in the schedule
to
the
Loiiclon
and South Western
Railway
Company
(Rates
and Charges)
Order
IS91
(which
Order
is scheduled to and confirmed
by
tlic
Loiiclon
and
South
Western Railwav Coinpany (Rates and
Charges)
Order
Confirmation Act
lS91)
sliall be
applicable
;incl
apply
to
the Coiiipany as if it were one of the railway companies naiiied
in
the (Mer coiifirinecl
by
tlie
said
Act
Provided iliat in respect
of
the conveyance of
n
consigninent
of
perishable iiiercliaiidise
not
exceeding fifty-six po~inds
in
weight
11s
passenger train the
Coiiipanp
shall
not
be
entitled
to
charge
a
higher
rate
tlian the iiiasiiiiuni
rate which they are authorised
to
charge for the conveyance
of
liarcels
of
the
smie
weight.
47.
For
tlie conveyance
on
the railway of small parcels
iiot
exceeding five hundred po~iiids
in
weight by passenger trains
tlle
Company inay deiiiancl
and
take any charges not eJ-ceediiig the
following (that is
to
say)
:-
For
any parcel not exceeding seven pounds in weight threepence
;
For
:iny
parcel exceeding seven ],ounds but not exceeding fourteen
1)oLinds
in
weight fiyepeiice
;
For
any parcel exceeding fourteen pounds but not exceeding
twenty-eight pounds
it,
weight sevenpence
;
For
any
uarccl
exceeding twenty-eight
poiinds
bnt
iiot
exceeding
fifty-six
pouiids
in veight ninepence
;
and
For
any parcel exceeding fifty-six pounds
but
not exceeding
fire
Ilmclred pounds in Tveiglit the Company
may
6emanci any
suni they think
fit
:
Provided
always
that
articles sent in
large
aggregate qimntities
although made
up
in
separate parcels
such
as
bags
of
sugar
coffee
meal and the like
sliall
not
be
cleeniecl siiiall parcels but that term
sliall apply
only
to single
parcels
in separate pacliages.
-
Tollb.
R:itcs
for
iiiercliau-
dise.
Ciiargeb
for
small
parcel..
.
22
p
EDW.
7.1
South
Wester?$
and
Isle
of
Wight
Junction Railway
Act,
1901.
[Ch.
xcix.1
48.
The maxiniiun rates
of
cha~ge to be made by the Coinpal1y
A.D.
1~1
for the conveyance
of
passengers
upon
the railway including every
3fax~m
expense iiicideiital to such conveyance shall not exceed the following
rates
for
(that is
to
sa9)
:-
For
every passenger coiireyed
in
a
first-class carriage threepence
per
mile
;
For
every passenger coiireyed
in
a
second-class carriage twopence
per
mile
;
For
every passenger conreTed in
a
third-class
carriage
one
penny
per mile
;
For
eyery passenger conveyed on tlie railway for
a
less distance
than three ides the Coiiipany may charge
as
for
three inilea
aid
every fraction
of
a
mile beyoncl three miles
or
any greater
nuiiiber
of
miles shall be cleeiiied
a
mile.
49.
Every
passeiiger tra~~elling
upon
the
railn-ay
may
take with
~ussengeri
passeengers.
v.0.
0
biiii his ordinary luggage
not
exceeding oiie
hunclrecl
and twenty
l'l~~a~e*
poimcls
in veiglit
for
first-class passengers
oiie
hunclrecl
pcjuncls
in
weig-lit
€or
second-class
passengers aiid sixty pounds
iii
Tveight
for
third-class passengers without any charge being made
for
the
carriage thereof.
SQ.
Tlie restrictions
as
to tlie charges to be
made
for
passeiigers
yoregomg
s11a11
not
extencl
to
ail)-
special train run upon the railway in respect
c'lar~
'lot
to
apply
to
of
which
the Company
iiinp
make
such
charges
ae
they think
fit
special
but
shall apply only
to
tlie ordinary
aiid
express trains appointed
tlnim.
froin
time to time
by
the Coiiipany for the
conrey:tnce
of
passengers
upon
the
railvay.
5
1.
And whereas the length
of
the inteiiclecl tunnel under the
Btlctitional
Solent will
be
about
two
miles and five huntlred
yards
and
of
the
respect
of
rail\wy iucluding tlie tunnel about eight iiiiles and the estiinated
tnmiel
under
expense per iiiile
of
the railway is exceptionally large Be it enacted
tlle
tliat tlie Compaiiy and any company lawfully working
or
using the
rail~ay
may
deinand and take
for
the
conveyance
of
1msseiigers
aiii1iials
arid
things passing through the tunnel including the tolls
for
the user thereof
and
for carriages ;znd locomoti\-e
pjver
and
every other expense incidental to the conveyance tolls and charges
for
tdre niiles in addition
to
the tolls and charges tliey
iuay
demniid and
take
in respect of the railway
by
tliis: Act authorisecl.
worliing
or
using the railway
iiiap
run
over
and
use
with
their
PoTvCrc.
engiiie~
carriages
and
wnggoiis officers
and
servants vhether
in
charges
UP
engines
:tiid
trains or
for
any
otlicr
purposes
nrhatoever
toll in
5
2m-(1)
The Company
ancl
any
coiiipany
or
person lawfully
Rurniug
'j
0
134
-
I)
[Ch.
xcix.]
South Westem
and
Lyle
of
Wight
Junction
Railway
Act,
1901.
[l
Enw.
‘7.1
AI).
1901.
and
for
the purposes
of
traffic
of
everv
description the follon~iug
(i) The Lylnington Branch Railway
of
the
South
Western
Company
allcl
so
mucl)
of
the
railway
of that company from
Southampton
to
Eouriiemouth
as
lies between the point
of
juliction tlierewith
of
the Lymiiigton Branch Railway aiid
Brockenhurst Station including that station
;
(ii)
So
niucli
of
the Fresliwater Yarmouth
and
Kewport Railway
as
lies between the termination
of
Railway
No.
2
aiicl the
station
of
tlie
Freshwater Yarmoiitli and Newport
Rail
way
Company at Freshwater iiicliiding that stntion
:
Together with
all
stations aiid all
roads
platforms points siptls
water water engines eiigiiie sheds standing room for engines
liooliing
arid
other
ofices
warehouses
sidings junctions machinery
n-orlis
ancl conveniences
on
or
coiiiiected wit11 the said
railnrays
or
portions
of
railways respectiyely ancl
as
regards trafhc
of
erery description conveyed
liy
tlieiii the Coiiipaiiy
may
rleiiiand
and
take
upon
and
in respect
of the
said portioiis
of
railways
aid
stations the rates
and
charges vhich the respective companies
on-ning such portions
of
railmaxs ancl stations are entitled
to
deiizaiid
aid take.
(2)
The
terms conditions
and
replations to
be
observed
aiicl
faltilled
and
the
tolls
charges rent
or
.other considerations to
be
paid
b\-
the Company
for
and
in respect
of
tlie
use
of
the
said
portions
of
railways stations
works :tnd
conveniences
shall
be
sncli
as may
be
agreed upon between the Company
aiicl
the respective companies
nwiiing such portions
of
railwaj-a stations
works
and conveniences
or
failing agreement
as
may be determined
on
the application
of
either
of
the
companies
or
pwsons interested
by
the RailFay and
Caliai Cominissioners
or
any two
of
them.
(3)
111
running over
and
using the said portions
of
railways
and usiiig tlle stations sidings aiid conveniences iii accorclance with
the
provisions
herein-before contained the regulations aiid byelaws
for
tl~e
time being in force on the portions
of
railways
so
used
shall
be
at
all
tiines
observed
so
far
as
such
byelaws shall be applicable.
(4)
If
in consequence
of
the ruiining powers conferred
011
tlie
colilpally
by
this
section
it
shall
in
tlie opinion
of
the South Western
~&pa11y be 17ecessary they
iiiag
at the expense
of
the Company
isy
do7.7111
up011 land helonging
to
the South Western
Company
or
to
be
acquired
by
them
an
additioiial line
of
rails between
the
jullctioll
of
their
L
ymiiigtoii Graiich with their
railway
fro111
Southalllpton to Eournernouth
and
Erockeiihurst Station
aiicl
a1.m
II
railways and portioiis
of
railways (that
is
to
[l
EDW.
7.1
South
FKestern
and
Isle
of
Wi
[Ch.
xcix.]
Junction
Railway
Act,
1901.
if the necessities
of
tlie traffic
so
require between that junction
aiid
A.D.
1901-
the junction of the railway by this
,4ct
authorised with the railway
of
the South Western Compaiiy
and
make such alterations of the
points crossings and signals in and adjoining that station as maly
be
rendered necessary
by
the laying clown of such additional
lirie
of
rails
and the cost of such additional line
and
of
the
land
(if
any) acquired in connexion therewith and of
any
SUC~
alterations
as
are
herein-before referred
to
shall be paid
by
the Company
The aiiiount of tlie sum
or
stuns
to be paid by tlie
Coinpanyv
to
the South Western
Conipaiiy
in respect
of
such
works
shall unless
r,greed
.,
be cleteriniiied by
an
arbitrator
to
be appointed
on
the
application of either
of
the companies by the Board of Trade
aid
tlie
said
payment
or
payments shall be tdien into
account
in
fixing
the tolls cliarges
or
other considerations
to
be paid. or Siren
by
the
Conipany
to
the South Western Coinpany
under
subsectioii
(2)
of
this section The provisions of this subsection shall apply inutatis
mutandis
to
the Fresliwater Yariiiouth
and
Kewpcjrt Rdway
Cornpniiy
ancl
the C’oiiipany
in
respect
of
so
much
of
tlie railway
of the Freshwater Yarmouth and Newport Railway Coiiipany as
the Coiiipany
are
by
this section authorised to run
over
ancl
use
including the station at Freshwater.
5
3.
In
order
to
facilitate the interchange and transiiiission of
Eecil~rocd
traffic coming to or from the railway from
or
to any piace
or
p1:tces
on
or beyoid tlie railways
of
the South Western tlie Freshwater
%nil
inter-
Yarmouth
and
Newport the Isle of Wight Central aiid the Xewport
~~T~~t~~utl
Godshill
and
St.
Lawreiice Railw:Ly Coiiipaiiies (herein-after
in
this
from
tile
section called
(‘
the other companies
”)
respectively the Coiiipany
railway.
shall for the purposes of al!
trafiic
whatever whetlier passengers
cattle
goods
minerals or other things from time to tiiiie
and
at
all
times hereafter
have
the right
to
booli and invoice through or over
the railways
of
the other coinpanies respectively all
such
traffic
intended to
pass
to
or from the railn-ay froin or to any place or
places on the railways
of
my of the other companies or to any
places beyond and the other companies respectively shall
for
and
in respect
of
all such traffic at all tiiiies afford
to
ancl
for
the
Cornpaiiy
all needful accorninodations facilities and conveniences
at
013 and
over tlie lines
aiid
stations approaches
and
coiiveniences
of those coiiipaiiies respectively
as
aforesaid by the trains of
such respective companies
nucl
by tlirongh booking and invoicing
through rates and
also
(so
far
as
reasonably
inay
be) through
waggons and carriages aiicl s2iall
at
all
tiiiies
and
in all respects
-
facilities
for
25
--
Power
to
ellter
iuto
working
agreements
with
other
railway
companies.
[Ch.
xcix.]
South
PJ7estem
ami
Lde
of
Wight
Junction
Railwuy
Act,
1901.
[l
Enw.
7.1
AD.
1901.
conduct forward and carry
on
and accommoclate a11 such traffic
011
equal terms with
ancl
as
well
ns
if
it,
were their
own
proper traffic
The
through rate in respect
of
such traffic shall be apportioned
between the Company and the other companies
whose
lines f oriii
part
of
the through route according to the distance over which the
traffic
niay
be carried
on
each line after deducting the Govern-
ment duty in respect
of
passengers
and
such equal teriuiiials (except
that in the case
of
traffic arising
or
terininating in Londoii the
difference between the respective terniiiials shall be that which
is
usually
recognised at the Railway Clearing House)
at
both ends
for
goods
iiiiiierals liT-e stock coal lime
and
other articles
as
niay
be
agreed upon or in case
of
difference niay be fisecl
by
arbitration
in
iiianiier herein-after in this section mentioned Provided that
in sid apportionment the Company shall in respect of traffic
passing tlwougli the tuiiiiel be credited with
aii
aclclitioiial mileage
of twelve
miles
The
terminals
so
deduc~ted shall belong and be
picl
to
tlie Compaiiy entitled thereto Provided a1w.a~-s that the
Coiiipaiij sliall
afford
to
the other conipaiiies
all
such and the
like facilities in respect of traffic coining from
or
to
the railways of
any
of the other companies
to
or
froin
the railway of the Company
as
are
11s
this Act provided and secured to tlie Company
If
any
dispute
shall
:it
any time arise between the other companies
or
any
of
tlieiii and the Company
as
to
the aniouiits to be allowed
or
cliargecl
by
tlie one to
the
other for the services and accomiiiodations
to be respectively performed and supplied as aforesaid
or
as
to
any
inatter or thing in this enactment mentioned the saine shall froin
time
to
time he determiired by an arbitrator to be appointed by the
Board
o€
Trade on the application of
aiiy
of
the coinpaiiies and
any
cif
the coinpanies who shall refuse
or
neglect
to
perform
or
obserre
and
conforin
to
aiiy decision given
or
regulation made
by
any
such arbitrator shall forfeit
and
pay to such person
or
coiiilxmy
:IS
tlie arbi
tra
tor shall determine any
suiii
not
exceeding fifty pounds
for
any
SUC~
oEence aiid twenty pounds for e\-ery day clnring mhicli
such oEence
uliall
continue.
54.
The: Coiiipanv
on
the
oiie liancl
aiid the Freshwater
Yarmouth and Newport
Rail
way
Company and the
Isle
of
Wight
Central Railway Company
or
any one
of
them on the other hand
~iiay
subject to tlie prorisioiis
of
Part
111.
of
the Railways Clauses
Act
1S63
as ninencled
or
nriecl
hg’
the Railway
ancl
Canal
Traffic
Acts
1873
ancl
1858
enter
into
agreements with respect to
the
follojving purp~sees
or
aiiy of them (that
is
to
my}
:-
26
[l
EDn..
7.1
South
Western
and
Isle
of
Wight
Junctior,
Rniltuay
Act,
1901.
[Ch.
xcix.1
Tlie maintenance ancl iiianagement of tlie railways
of
the
A.D.
1901.
-
coiiipanies
or
any one
or
more
of
thein
or
any part thereof
respectidy and of the
works
connected thereFith respectively
or
any
of
them
;
Tlie
use
or
worliing
of
the railways
or
railway
or
of
any
part
thereof and the coiiveyance
of
traffic thereon
;
The
regulation collection transiiiissioii aiid delivery
of
trafic
coiiiing
from or
destined for the undertaliings
of
tlie contractiiig
conipaiiies
or
any
of
theiii
;
Tlie
fixing sul3ject
to
the authorised masiinuiii rates
and
the
collecting and
apportioniiient
of
tlie
tolls rates charges receipts
aiicl
revenues levied taken or arising
in
respect
of
traffic
;
The
supt)lv
and maintenance
by
the woi-l&g Co1i11)any under
and
cluring tlie continuance
of
any
such
agreement for tlie worliing
of the railways
o€
engines stock aiid plant necessary for the
piirposes
o€
such :igreement
:wl
the eiiiplo~-iiieiit of
officers
and
servants.
55.
I_)uriiig
the contiiiuance of
any
agreement to
be
entered
Short
into
iuider
the provisions of this Act
for
the n-orking
or
use
of the
railway
of’
the Com!~ny
by
ally
other railway conipaiiy
or
railway
co:qaiiies
or
during tlie exercise of any running porn-ers hv tliis Act
~vorkingr
a(veemen
t
coiiferred
the railways of the Coiiipany
and
of
a
iiy
otlier
coiiipaiiy
with wlioiii
such
agreements shall have been entered into
or
over
of
rnnniIlg
whose railways such ruiiiiiiig povers are exercised
(as
the case
inay
be)
shall for the purpose
oP
short distalice rates arid charges
be considered as one railmy aiid in estimating the aiiiouiit
of
rates
and
charges
in
respect
of
passengers
conveyed partly
on
the
railway
of the Coriipaiiy and partly
on
the railways of
sncli
otlier
coiiipany
or
coiiilmnies
rates
and
charges
may
subject
to
tlie provisioiis of
the section
of
this Act
of
vhich the niargiiial note
is
“
Additioiial
toll
in
respect
of
tunnel
under
tlie Solent
”
bc
charged
as
for tliree
iniles
and
for
every mile
or
fraction
of
a
mile beyond three
miles
as
for
one
iide only
ancl
in estimating the ainount of rates ancl
charges
in
respect of merchandise
traffic
conveyed partly
on
the
railway of the Company and partly
on
the railways
of
such otlier
company
or
coiiipaiiies tlie Coiiipaiiy shall subject
to
the provisions
of the section of this Act
of
which
the
iiiargiiial
note
is L‘,idclitioiial
toll
in
respect
of
tunnel under the Solent”
lie
deenied
to
be
a
coinpany coiiiiectecl with
the
South Western Coiiipany the Fresh-
water I’arinouth
and
>\‘en-port Railm
av
Company
or
the Isle
of
Wight
Central
Raiiway Coiupany
and
specified
in
the appiiclis
to
the
schedule
to the Loiicloii
and
Soutli
TT
estern Railway Coiiipiiij-
charge
iu
of
omcrs.
27
[Ch.
xcix.]
South
"iestern
and
Isle
of
Wight
Junction Railway
Act,
1901.
[I
EDW.
7.1
A.D.
1901.
(Rates and Charges) Order 1891 confirmed by the Londoii and
South Western Railway Coiiipany (Rates and Charges) Order
Confirmatioil Act 1891
or
a
company
to
which the Railway Rates
and Charges
No.
9
(Isle
of
Wight Railway
kc.)
Order 1892
confirmed by the Railway Rates and Charges
No.
9
(Isle
of
Wight
Railway &e,) Order Confirmatioil Act 1592
is
apulicable according
as
the agreement
is
with
or
the running pomers are exercised over
the FreshwzLter Yarinouth and Newport Railway or with or
over
the railways
of
any other
of
the said companies.
56.
Notmithstandiiig anything in this Act
or
in
aiiy
,4ct
01-
Acts incorporated herewith contained tlie Company riiay out
of
any
moneys by this Act authorised
to
be
raised pay interest
at
such
rate not exceeding thee po~mds
per
ceiituwi per annum
as
the
directors may deteriiiiiie
to
aiiy sh:~reholder on the aiiiount from
time
to
time paid up
oii
the shares held by'liiiii
from
tlie respectiye
times
of
such payments until the expiration
of
the time
by
this
Act
limited for the completion
of
the works
h-j7
this
A
ct authorised
or
such less period
as
the directors
may
determine mbject
to
the
following coilclitions (that is
to
say)
:-
(A)
No
such interest slid1 begin
to
accrue until the
Company
shall have obtained
a
certificate froin tlie Board
of
Track
that
tm-o
thirds
at
least
of
the share capital by this
Act
authorised
in respect
of
wliicli
such
interest may
be
paid
has
been actually
issued and accepted and is held
by
shxreliolders
who
or
diose
executors administrators successors
or
assigns are legally liable
for the saiiie
:
No
such interest shall accrue in
favour
of
aiiy s'hareholder
for
any
time during which any call on any
of
his shares is
in
arrear
:
(c)
The aggregate amount to be
so
paid
for
interest shall
not
exceed
fif
cy
thousand pounds and tlie amount
PO
paid shall
not
be
deemed share capital in respect
of
which the borrowins
powers
of
the Company
may
be
exercised but
such
borrowing
powers shall
be
reduced
to
the extent
of
one tliircl
of
the
amount paid for interest
as
aforesaid
:
(D)
Notice that tlie Coiopaiiy lias power
SO
to
pay
interest
out
of capital shall
be
given
in
every prospectus advertisement
or
other document
of
the Company inviting subscriptiuiis
for
sllares
arid
in
every certificate
of
shares
:
(E)
The
half-yeariy accounts
of
tlie Company shall show the
amount
of
capitd
on
which
aiid
the
rate
:it
which
interest
lins
been
picl in pursuance
of
this section
:
I
As
to
pay-
iuterest
out
of
capital
'lllr~
cou-
5
trucsi
OII.
''
25
11
E1)w.
7.1
South Western and
Isle
of
Wiglit
,Junction Nailway Act,
1901.
[Ch.
xcix.]
Save
as
herein-before set forth no interest or dividend shall be paid
A.D.
1901.
out of
any
share
or
loan capital which the Company are
by
this
or
any
other Act authorised
to
raise to
any
shareholder on the
amount of the calls made in respect
of
the shares held by him but
nothing iii this Act shall prevent the Company froiii paying
to
any
shareholder
such
interest, on inoney advanced by him beyond the
aiiiouiit of the calls actually made
as
is in coiiformity with the
Coiiipanies Clauses Coiisolidation
A
ct
1845.
57.
The Company sliall not under tlie powers of this Act
Works
construct on through under
over
or
across the shores of the sea
OF
wnler
of any creek
bay
arm
of
the sea
(;r
iiavipble river comiiiuiiicating
not
to
bc
therewith where
arid
so
far
LI~
tlie
saiiie
as
the tick flows and
~~1~1~~"1
reflows
any
m-orli
without the previous coiiseiit of the
Board
of
coilsent
of
Trade
to
be signified
in
writing uiider tlie hand
of
one
of
the
~~~~~.')f
secretaries
or
assistmt secretaries
of
thc
Boarcl
of Trade
and
then
only according to such
plan
ancl
under such restrictioiis and regu-
lations
as
the Boartl
of
Trade
iiiay
approve sucli approval being
sigiiified
as
last aforesaid
aiid
where any such work
may
have been
coiistructed >lie Company shall
iiot
at
mi?.
tiine alter
or
extend the
mine
vi
tliout obtaining previously to making any such alteratioii
or
esteiisioii tlie like coiiaents
or
approvals
If
any
such
work be
coiiimenced or completed contrary
to
the provisions of this Act the
Boarcl
of Trade may abate ancl remove the same
and
restore the
site tllereof
to
its
former condition
at
the costs and charges
of
the Company aiid the amount of such costs and charges shall be
a
debt due from the Company
to
the Crown
aiicl
shall be recoverable
accordingly vith
costs.
Secretary
of
State for the
War
Department shall be observed
and
::$:lion
have effect unless otherwise agreed between the said Secretary of
Department.
State and the Company (that is
to
say)
:-
-
hclow
high-
58.
The following provisions
for
the protectioii
of
the Principal
For
furtlier
(1)
The Company shall before commeiiciiig the construction of
the railway submit to tlie
War
Department for approT-al plans
and sections
(a)
of
any bridge or Lridges to be constructed
by
the Company over tlie River
Yar
(b)
of Railway
No.
2
and
(c)
of
EO
much of Railway
No.
1
as
is situate between
its
termination and the southern entrance to the tunnel
to
be
constructed by the Coiqmiiy under the Soleiit
aiid
no part
of
the
said
works
shall be conimenced until such plans and
sections shall have received the approval of the
War
Depart-
ment and the said
works
shall be carried out in
all
respects
in
29
[Ch.
xcix.]
&‘outb~
Westem
find
Isle
of
Wight
Junction
Railmy
Act:
1901.
[I
Enw.
7.J
AD.
19d)1.
acco+mce with tlie plans
and
sections
so
approved Provided
that nothing
in
this sLtbsection
jhnll
tmpo7;ver
the
War
Depart-
naent to require the Company
to
deviate the centre line
of
Railway
No.
1
or
Railway
No.
2
heyond
the limits of deviation
niarlred on the deposited plans
:
(2)
The Company slid before openiii(r the railway
for
public
traffic
provide
to
the batisfaction
of
the
War
Ilepartment
at
both ends
of
the said tiuznel guard
rooiiis
with roller bridges
or such other device
or
apparatus
as
the
War
Departmeut
iiiay
require
for
blocking when necessary
(of
which necessity
the
War
Departnient shall
on
each
occasion be the absolute
judge)
the railway traffic through the tuniiel.
rhviug
59.
Notliing
in
this Act coiit:iinecl sliall uutliorise the Company
rig11ts
Of
His
to enter upon
use
or
interfere witli
any
land soil
01-
inter
or
any right
Majesty’s
plincipal
in respect tliereof yested
in
or
exercised by tlie Principal Secretary
Secretary
of
of
State for tlie
Wx
T)epartnient
or
to take
away
lessen prejudice
htate
for
\\rar
or
alter any
of
the rights privileges
or
powers vested
iu
or exercised
IllPIlt.
by the
said
Princilml Secretary
of
State
for
the
War
Del)artmeiit
without his previous consent signified in writing under his hand
ancl
which consent the said Principal Secretary
of
State for the
War
Department is hereby authorised
to
@\-e subject
to
such
special
or
other conditions
as
he
shall
see
fit
to
impose
on
the said Company.
60.
Nothing herein contained siiall authorise the Coinpany to
take use or in any manner interfere with
any
portion of tlie shore
or
bed of the
sea
or
of
any river channel creek bay or estuary
or
any lands hereditaments subjects or rights
of
whatsoever descrip-
tion belonging to the King’s most Excellent Majesty
in
right
of
His
Crown
and under the management
of
the Comniissioiiers of
Woods
or
of
the Board
of
Trade respectively without the consent
in
writing
of
the Commissioners
of
Woocls
or the
Board
of
Trade
as
the case may be
011
behdf
of
His
Majesty first
had
and
obtained for that purpose (which consent such Cominissioiiers and
siwh Board are hereby respectively authorised to give) neither
shall anything herein contained extend to take away prejudice
diminish or alter any of
the
estates rights privileges
POTWFS
or
authorities vested in
or
enjoyed or exerciseable
by
the King’s
Majesty.
61.
R:dway
No.
1
from the centre of the tunnel under the
Solent to the boundary of tlie parish
of
Milford shall
for
all
purposes be deemed and taken to be within or as forming part of
the parish of Milford in the county
of
Southampton and from the
_.
Snviug
rig11ts
Of
Crown.
Portions
of
railway
to
be
deemed
wvi
thin
certain
parishes.
30
[I
EDIV.
7.1
South
Western
and
7sle
of
Wight
Jm,ction
Railway
Act,
1901.
[Ch.
xcix.]
said centre to the boundary of the parish
of
Freshwater
as
witliiii
A.D.
1'301.
or
forming part of the parish of Freshwater
iii
the administratire
county
of the Isle of Wight.
62.
Tlie
Compaiiy shall not
out
of
any money by this
Act
Depositsfor
future
Bilk
autliorised
to
be raised pay
or
deposit
any
suin which
by
any
llot
to
be
stancling order of either House of Parliament now
or
liereafter in
ptiicI
out
of
force may
be
required
to
be deposited
in
respect of any application
to
Parliauieiit
for
the
purpose
of obtaining
an
Act authorising the
Company
to
cunstruct
any
other railway
or
to
execute any other
work
or
unclertaking.
or
any
other Company iiained
in
this Act
or
the railways
of
aiiy
sirch
Company froni the provisions
of
any geiieral Act relating
to
Acts.
railways
or
the better ancl iiiore iiiiixirtial audit of the accounts
of'
milway
coiqaiiies passed before
or
after the commeiiceiiwiit
of
this
Act
or
Prom any future re\-isioii
or
alteration
under
the
authority
of
Parliament
of
the masimum rates
of
iares and
charges
or
of
tlie rates
for
siiiall parcels authorised to
be
~:tkeii
by
the
said
coiiipaiiies respectively.
preparing
for
obtaining
aiicl
passing
of
this -4ct or otherwise in
Act*
relation thereto slrialjl be paid
hy
the Company.
_-
-
63.
Nothilig
in
this -4ct contained shall exempt the Coii;pany
Provision
3q
genela'
ailivny
64.
A11
tlie
costs charges and espeiises
of aiicl
iiicicleiit to tlie
COSts
of
[Ch.
xcix.]
Soutlh
Westem
and
Isle
of
Wiglit
[I
EDW.
7.1
Junction
Railway
Act,
1901.
A.D.
-
1901.
The
SCHEDULE
referred
to
in
the
foregoing
Act.
LANDS
FOR
GENERATING.
STATIOX
Certain lands containing twenty acres or thereabouts bounded
011
the north
by
Keyhaven
Marshes
on
the south by the high-mater mark
of
ordinary
spring tides
on
the east
by
Keyhaven
Marshes
on
the west
by
the
cstuary
of
the
Avon
and situate
in
the parish
of AIilford
the
rural
district
of
Lymington
and
county
of
Hants
or
Southampton.
Pintea
by
EYRE
and
SPOTTISWOODE,
T.
DIQBY
PIQOTT,
Esq.,
C.B.,
the
King's
Printer
of
Acts
of
Pnrhment.
And
to
be
purchased,
either
directly
or
through
any
Bookseller,
from
EYRE
AID
SPOTTISWOODE,
EAST
HARDIXG
STREET, FLEET STREET,
E.G.
;
or
OLIVER
AND
BOYD,
EDIXBUZGU:
or
E. POXSONBY,
116,
GRAFTON
STREET,
DUBLIN.
FOR
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