Regulation of Railways Act, 1868

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REGULATION OF RAILWAYS ACT 1868

CHAPTER CXIX.

An Act to amend the Law relating to Railways. [31st July 1868.]

Preliminary.

Short title.

1. This Act may be cited as “The Regulation of Railways Act, 1868.”

Interpretation of terms.

2. In this Act—

The term “railway” means the whole or any portion of a railway or tramway, whether worked by steam or otherwise:

The term “company” means a company incorporated, either before or after the passing of this Act, for the purpose of constructing, maintaining, or working a railway in the United Kingdom (either alone or in conjunction with any other purpose), and includes, except when otherwise expressed, any individual or individuals not incorporated who are owners or lessees of a railway in the United Kingdom, or parties to an agreement for working a railway in the United Kingdom:

The term “person” includes a body corporate.

I.—Accounts, Audit, &c.

Uniform accounts, &c. to be kept.

3. Every incorporated company, seven days at least before each ordinary half-yearly meeting, shall prepare and print, according to the forms contained in the first schedule to this Act, a statement of accounts and balance sheet for the last preceding half-year, and the other statements and certificates required by the same schedule, and an estimate of the proposed expenditure out of capital for the next ensuing half year, and such statement of accounts and balance sheet shall be the statement of accounts and balance sheet which are submitted to the auditors of the company. Every company which makes default in complying with this section shall be liable to a penalty not exceeding five pounds for every day during which such default continues. The Board of Trade, with the consent of a company, may alter the said forms as regards such company, for the purpose of adapting them to the circumstances of such company, or of better carrying into effect the objects of this section.

Accounts, &c. to be signed, and printed copies distributed.

4. Every statement of accounts, balance sheet, and estimate of expenditure, prepared as required by this Act, shall be signed by the chairman or deputy chairman of the directors, and by the accountant or other officer in charge of the accounts of the company, and shall be preserved at the company’s principal office. A printed copy thereof shall be forwarded to the Board of Trade, and at all times after the date at which it is required to be printed be given, on application, to any person who holds any ordinary or preference share or stock in the company, or any mortgage, debenture, or debenture stock of the company; and every such person may at all reasonable times, without fee or charge, peruse the original in the possession of the company. Any company which acts in contravention of this section shall be liable for each offence to a penalty not exceeding fifty pounds.

Penalty for falsifying accounts, &c.

5. If any statement, balance sheet, estimate, or report which is required by this Act is false in any particular to the knowledge of any person who signs the same, such person shall be liable, on conviction thereof on indictment, to fine and imprisonment, or on summary conviction thereof to a penalty not exceding fifty pounds.

Examination of affairs by inspectors appointed by Board of Trade on application.

6. The Board of Trade may appoint one or more competent inspectors to examine into the affairs of an incorporated company and the condition of its undertaking, or any part thereof, and to report thereon, upon any one of the applications following; that is to say,

1. Upon application made in pursuance of a resolution passed at a meeting of directors:

2. Upon application by the holders of not less than two-fifths part of the aggregate amount of the ordinary shares or stock of the company for the time being issued:

3. Upon application by the holders of not less than one-half of the aggregate amount of the mortgages, debentures, and debenture stock (if any) of the company for the time being issued:

4. Upon application by the holders of not less than two-fifths of the aggregate amount of the guaranteed or preference shares or stock of the company for the time being issued, provided that the preference capital issued amounts to not less than one-third of the whole share capital of the company.

Application to be supported by evidence.

Board of Trade may require security for costs.

7. The application shall be made in writing, signed by the applicants, and shall be supported by such evidence as the Board of Trade may require, for the purpose of showing that the applicants have good reason for requiring such examination to be made; the Board of Trade may also, before appointing any inspector or inspectors, require the applicants to give security for payment of the costs of the inquiry.

Inspection of company’s books and property.

Power to administer oaths.

8. It shall be the duty of the directors, officers, and agents of the company to produce, for the examination of the inspectors, all books and documents relating to the affairs of the company in their custody or power, and to afford to the inspectors all reasonable facilities for the inspection of the property and undertaking of the company. Any inspector may examine upon oath the officers and agents of the company in relation to its business, and may administer such oath accordingly. Any person who, when so examined on oath, makes any false statement, knowing the same to be false, shall be guilty of perjury.

If any director, officer, or agent refuses to produce any book or document hereby directed to be produced, or to afford the facilities for inspection hereby required to be afforded, or if any officer or agent refuses to answer any question relating to the affairs of the company, he shall incur a penalty of five pounds for every day during which the refusal continues.

Result of examination, how dealt with.

Costs of examination.

9. Upon the conclusion of the examination the inspectors shall report their opinion to the Board of Trade and to the company, and the company shall print the same, and deliver a copy thereof to the Board of Trade, and, on application, to any person who holds any ordinary or preference share or stock, or any mortgage, debenture, or debenture stock of the company. All expenses of and incidental to any such examination as aforesaid shall be defrayed by the persons upon whose application the inspectors were appointed, unless the Board of Trade shall direct the same or any portion thereof to be paid by the company, which they are hereby authorized to do.

Appointment and powers of inspectors.

10. Any company may, by resolution at an extraordinary meeting, appoint inspectors for the purpose of examining into the affairs of the company and the condition of the company’s undertaking. The inspectors so appointed shall have the same powers and perform the same duties as inspectors appointed by the Board of Trade, and shall make their report in such manner and to such persons as the company in general meeting directs; and the directors, officers, and agents of the company shall incur the same penalties, in case of any refusal to produce any book or document by this Act required to be produced to such inspectors, or to afford the facilities for inspection by this Act required to be afforded, or to answer any question, as they would have incurred if such inspectors had been appointed by the Board of Trade.

Auditor not necessarily a shareholder.

8 & 9 Vict. c. 16.

11. Whenever, after the passing of this Act, section one hundred and two of the Companies Clauses Consolidation Act, 1845, is incorporated in a certificate or special Act relating to a railway company, it shall be construed as if the words, “where no qualification shall be prescribed by the special Act, every auditor shall have at least one share in the undertaking,” were omitted therefrom; and so much of every certificate and special Act relating to a railway company, and in force at the passing of this Act, as incorporates that portion of the said section, and so much of any special Act relating to a railway company, and so in force, as contains a like provision, is hereby repealed.

Appointment of additional auditor by Board of Trade.

Dividend may be declared on certificate of majority of auditors.

30 & 31. Vict. cc. 126, 127.

Auditor dissenting to issue a statement to the shareholders.

12. With respect to the auditors of the company, the following provisions shall have effect:

(1.) The Board of Trade may, upon application made in pursuance of a resolution passed at a meeting of the directors or at a general meeting of the company, appoint an auditor in addition to the auditors of such company, and it shall not be necessary for any such auditor to be a shareholder in the company:

(2.) The company shall pay to such auditor appointed by the Board of Trade such reasonable remuneration as the Board of Trade may prescribe:

(3.) The auditor so appointed shall have the same duties and powers as the auditors of the company, and shall report to the company:

(4.) Where, in consequence of such appointment of an auditor or otherwise, there are three or more auditors, the company may declare a dividend if the majority of such auditors certify in manner required by section thirty of the Railway Companies Act, 1867, and the Railway Companies (Scotland) Act, 1867, respectively:

(5.) Where there is a difference of opinion among such auditors, the auditor who so differs shall issue to the shareholders, at the cost of the company, such statement respecting the grounds on which he differs from his colleagues, and respecting the financial condition and prospects of the company, as he thinks material for the information of the shareholders.

Power to divide paid up ordinary stock into preferred and deferred ordinary stock.

13. Any company which in the year immediately preceding has paid a dividend on their ordinary stock of not less than three pounds per centum per annum may, pursuant to the resolution of an extraordinary general meeting, divide their paid-up ordinary stock into two classes, to be and to be called the one preferred ordinary stock, and the other deferred ordinary stock, and issue the same subject and according to the following provisions, and with the following consequences; (that is to say,)

(1.) Preferred and deferred ordinary stock shall be issued only in substitution for equal amounts of paid-up ordinary stock and by way of division of portions of ordinary stock into two equal parts:

(2.) Such division may be made at any time, on the request in writing of the holder of paid up ordinary stock, but not otherwise; and such request may apply to the whole of the ordinary stock of such holder, or to any portion thereof divisible into twentieth parts:

(3.) Preferred ordinary stock and deferred ordinary stock shall not be issued except in sums of ten pounds or multiples of ten pounds:

(4.) The certificates for any ordinary stock divided into preferred and deferred ordinary stock shall before such division be delivered up to the company, and shall be cancelled by them, and certificates for preferred ordinary stock and deferred ordinary stock shall be issued gratis in exchange by the company:

(5.) If in any case there is any part of the ordinary stock held by a stockholder comprised in one certificate which he doesnot desire to be divided, or which is incapable of division, under the provisions of this Act, the company shall issue to him gratis a certificate for that amount as ordinary stock:

(6.) As between preferred ordinary stock and deferred ordinary stock, preferred ordinary stock shall bear a fixed maximum dividend at the rate of six per centum per annum:

(7.) In respect of dividend to the extent of the maximum aforesaid, preferred ordinary stock shall at the time of its creation, and at all times afterwards, have priority over deferred ordinary stock created or to be created, and shall rank pari passu with the undivided ordinary stock and the ordinary shares of the company created or to be created; and in respect of dividend, preferred ordinary stock shall at all times and to all intents rank after all preference and guaranteed stock and shares of the company created or to be created:

(8.) In each year after all holders of preferred ordinary stock for the time being issued have received in full the maximum dividend aforesaid, all holders of deferred ordinary stock for the time being issued shall, in respect of all dividend exceeding that maximum paid by the company in that year on ordinary stock and shares, rank pari passu with the holders of undivided ordinary stock and of ordinary shares of the company for the time being issued:

(9.) If, nevertheless, in any year ending on the thirty-first day of December there are not profits available for payment to all the holders of preferred ordinary stock of the maximum dividend aforesaid, no part of the deficiency shall be made good out of the profits of any subsequent year, or out of any other funds of the company:

(10.) Preferred ordinary stock and deferred ordinary stock from time to time shall confer such right of voting at meetings of the company, and shall confer and have all such other rights, qualifications, privileges, liabilities, and incidents, as from time to time attach and are incident to undivided ordinary stock of the company:

(11.) The terms and conditions on which any preferred ordinary stock or deferred ordinary stock is issued shall be stated on the certificate thereof:

(12.) Preferred ordinary stock and deferred ordinary stock shall respectively be held on the same trusts, and subject to the same charges and liabilities, as those on and subject to which the ordinary stock in substitution for which the same are issued was held immediately before the substitution, and so as to give effect to any testamentary or other disposition of or affecting such ordinary stock.

II.—Obligations and Liability of Companies as Carriers.

Limitation of liability of company during sea transit, by condition conspicuously posted in booking office and printed on receipt or freight note.

14. Where a company by through booking contracts to carry any animals, luggage, or goods from place to place partly by land and partly by sea, or partly by canal and partly by sea, a condition exempting the company from liability for any loss or damage which may arise during the carriage of such animals, luggage, or goods by sea from the act of God, the King’s enemies’ fire, accidents from machinery, boilers, and steam, and all and every other dangers and accidents of the seas, rivers and navigation, of whatever nature and kind soever, shall, if published in a conspicuous manner in the office where such through booking is effected, and if printed in a legible manner on the receipt or freight note which the company gives for such animals, luggage, or goods, be valid as part of the contract between the consignor of such animals, luggage, or goods and the company, in the same manner as if the company had signed and delivered to the consignor a bill of lading containing such condition. For the purposes of this section the word “company” includes the owners, lessees, or managers of any canal or other inland navigation.

List of passenger fares to be posted in stations.

15. Every company shall cause to be exhibited in a conspicuous place in the booking office of each station on their line a list or lists, painted, printed, or written in legible characters, containing the fares of passengers by the trains included in the time tables of the company from that station to every place for which passenger tickets are there issued.

Provision for securing equality of treatment where railway company works steam vessels.

16. Where a company is authorized to build, or buy, or hire, and to use, maintain, and work, or to enter into arrangements for using, maintaining, or working, steam vessels for the purpose of carrying on a communication between any towns or ports, and to take tolls in respect of such steam vessels, then and in every such case tolls shall be at all times charged to all persons equally and after the same rate in respect of passengers conveyed in a like vessel passing between the same places under like circumstances; and no reduction or advance in the tolls shall be made in favour of or against any person using the steam vessels in consequence of his having travelled or being about to travel on the whole or any part of the company’s railway, or not having travelled or not being about to travel on any part thereof, or in favour of or against any person using the railway in consequence of his having used or being about to use, or his not having used or not being about to use, the steam vessel; and where an aggregate sum is charged by the company for conveyance of a passenger by a steam vessel and on the railway, the ticket shall have the amount of toll charged for conveyance by the steam vessel distinguished from the amount charged for conveyance on the railway. . . .

Company bound to furnish on application particulars of charges for goods.

17. Where any charge shall have been made by a company in respect of the conveyance of goods over their railway, on application in writing within one week after payment of the said charge made to the secretary of the company by the person by whom or on whose account the same has been paid, the company shall within fourteen days render an account to the person so applying for the same, distinguishing how much of the said charge is for the conveyance of the said goods on the railway, including therein tolls for the use of the railway, for the use of carriages, and for locomotive power, and how much of such charge is for loading and unloading, covering, collection, delivery, and for other expenses, but without particularizing the several items of which the last-mentioned portion of the charge may consist.

Charges for traffic conveyed on two railways worked by one company.

18. Where two railways are worked by one company, then in the calculation of tolls and charges for any distances in respect of traffic (whether passengers, animals, goods, carriages, or vehicles,) conveyed on both railways, the distances traversed shall be reckoned continuously on such railways as if they were one railway.

Proceedings in case of non-consumption of smoke.

8 & 9 Vict. c. 20.

19. Where proceedings are taken against a company using a locomotive steam engine on a railway on account of the same not consuming its own smoke, then if it appears to the justices before whom the complaint is heard that the engine is constructed on the principle of consuming its own smoke, but that it failed to consume its own smoke, as far as practicable, at the time charged in the complaint, through the default of the company, or of any servant in the employment of the company, such company shall be deemed guilty of an offence under the Railways Clauses Consolidation Act, 1845, section one hundred and fourteen.

Smoking compartments to be provided for all classes, except on the Metropolitan Railway.

20. All railway companies, except the Metropolitan Railway Company, shall, in every passenger train where there are more carriages than one of each class, provide smoking compartments for each class of passengers, unless exempted by the Board of Trade.

Railway companies to be liable to penalties in case they shall provide trains for prize fights.

21. Any railway company that shall knowingly let for hire or otherwise provide any special train for the purpose of conveying parties to or to be present at any prize fight, or who shall stop any ordinary train to convenience or accommodate any parties attending a prize fight at any place not an ordinary station on their line, shall be liable to a penalty, to be recovered in a summary way before two justices of the county in which such prize fight shall be held or shall be attempted to be held, of such sum not exceeding five hundred pounds, and not less than two hundred pounds, as such justices shall determine, one half of such penalty to be paid to the party at whose suit the summons shall be issued, and the other half to be paid to the treasurer of the county in which such prize fight shall be held or shall be attempted to be held, in aid of the county rate; and service of the summons under which the penalty is sought to be enforced on the secretary of the company at his office ten days before the day of hearing shall be sufficient to give the justices before whom the case shall come jurisdiction to hear and determine the case.

III.—Provisions for Safety of Passengers.

Means of communication between passengers and the company’s servants to be provided.

Penalty for default.

Penalty for inproper use of communication.

22. Every company shall provide, and maintain in good working order, in every train worked by it which carries passengers, and travels more than twenty miles without stopping, such efficient means of communication between the passengers and the servants of the company in charge of the train as the Board of Trade may approve. If any company makes default in complying with this section, it shall be liable to a penalty not exceeding ten pounds for each case of default. Any passenger who makes use of the said means of communication without reasonable and sufficient cause shall be liable for each offence to a penalty not exceeding five pounds.

Penalty for trespassing on railways.

23. If any person shall be or pass upon any railway, except for the purpose of crossing the same at any authorized crossing, after having [¹ once] received warning by the company which works such railway, or by any of their agents or servants, not to go or pass thereon, every person so offending shall forfeit and pay any sum not exceeding forty shillings for every such offence.

Removal of trees dangerous to railways.

8 & 9 Vict. c. 20.

24. If any tree standing near to a railway shall be in danger of falling on the railway so as to obstruct the traffic, it shall be lawful for any two justices, on the complaint of the company which works such railway, to cause such tree to be removed or otherwise dealt with as such justices may order, and the justices making such order may award compensation to be paid by the company making such complaint to the owner of the tree so ordered to be removed or otherwise dealt with as such justices shall think proper, and the amount of such compensation shall be recoverable in like manner as compensation recoverable before justices under the Railways Clauses Consolidation Act, 1845.

IV.—Compensation for Accidents.

Appointment by Board of Trade, of arbitrator to determine compensation for injury or death by accident.

25. Where a person has been injured or killed by an accident on a railway, the Board of Trade, upon application in writing made jointly by the company from whom compensation is claimed and the person if he is injured, or his representatives if he is killed, may, if they think fit, appoint an arbitrator, who shall determine the compensation (if any) to be paid by the company.

Examination by medical man, by order of judge or arbitrator.

26. Whenever any person injured by an accident on a railway claims compensation on account of the injury, any judge of the court in which proceedings to recover such compensation are taken, or any person who by the consent of the parties or otherwise has power to fix the amount of compensation, may order that the person injured be examined by some duly qualified medical practitioner named in the order, and not being a witness on either side, and may make such order with respect to the costs of such examination as he may think fit.

V.—Light Railways.

Board of Trade licence for construction and working of railway as a light railway.

27. The Board of Trade may by licence authorize a company applying for it to construct and work or to work as a light railway the whole or any part of a railway which the company has power to construct or work.

Before granting the licence the Board of Trade shall cause due notice of the application to be given, and shall consider all objections and representations received by them, and shall make such inquiry as they think necessary.

Conditions and regulations for light railways.

Penalties for non compliance or contravention.

28. A light railway shall be constructed and worked subject to such conditions and regulations as the Board of Trade may from time to time impose or make: Provided, that (1) the regulations respecting the weight of locomotive engines, carriages, and vehicles to be used on such railway shall not authorize a greater weight than eight tons to be brought upon the rails by any one pair of wheels; (2) the regulations respecting the speed of trains shall not authorize a rate of speed exceeding at any time twenty-five miles an hour.

If the company or any person fails to comply with or acts in contravention of such conditions and regulations, or directs any one so to fail or act, such company and person shall respectively, be liable to a penalty for each offence not exceeding twenty pounds, and to a like penalty for every day during which the offence continues; and every such person, on conviction on indictment for any offence relating to the weight of engines, carriages, or vehicles, or the speed of trains, shall be also liable to imprisonment, with or without hard labour, for any term not exceeding two years.

Publication of conditions and regulations.

8 & 9 Vict. c. 20.

29. The conditions and regulations of the Board of Trade relating to light railways shall be published and kept published by the company in manner directed with respect to byelaws by section one hundred and ten of the Railways Clauses Consolidation Act, 1845, and the company shall be liable to a penalty not exceeding five pounds for every day during which such conditions and regulations are not so published.

VI.—Arbitrations by Board of Trade.

Appointment by Board of Trade of arbitrator to act for them.

30. Whenever the Board of Trade are required to make any award or to decide any difference in any case in which a company is one of the parties, they may appoint an arbitrator to act for them, and his award or decision shall be deemed to be the award or decision of the Board of Trade.

If the arbitrator dies, or in the judgment of the Board of Trade becomes incapable or unfit, the Board of Trade may appoint another arbitrator.

Remuneration of arbitrators or umpires appointed by Board of Trade.

31. The Board of Trade may fix the remuneration of any arbitrator or umpire appointed by them in pursuance of this or any other Act in any case where a company is one of the parties, and may, if they think fit, frame a scale of remuneration for arbitrators or umpires so appointed by them; and no arbitrator or umpire so appointed by them shall be entitled to any larger remuneration than the amount fixed by the Board of Trade.

Costs, &c. of arbitrations, where one of the parties is not a railway company.

22 & 23 Vict. c. 59.

32. The provisions of sections eighteen to twenty-nine, both inclusive, of the Railway Companies Arbitration Act, 1859, shall so far as is consistent with the tenor thereof, apply to an arbitrator appointed by the Board of Trade, and to his arbitration and award, notwithstanding that one of the parties between whom he is appointed to arbitrate may not be a railway company; and in construing those sections for the purpose of this Act, the word “companies” shall be construed to mean the parties to the arbitration.

[S. 33 rep. 32 & 33 Vict. c. 18. s. 2.]

VII.—Miscellaneous.

Printed copies of shareholders address book.

Supply of copies to share and debenture holders.

Penalty for delault.

34. Every incorporated company shall print correct copies of the shareholders address book of the company, corrected up to the first day of December in every year, and affix an asterisk against the names of those qualified to act as directors.

After the expiration of one fortnight from the aforesaid date the company shall on application supply such printed copies, at a price not exceeding five shillings for each copy, to every person who holds any ordinary or preference shares or stock in the company, or any mortgage debenture or debenture stock of the company.

Any company which acts in contravention of this section shall be liable for each offence to a penalty not exceeding twenty pounds.

[S. 35 rep. 32 & 33 Vict c. 6. s. 1.]

Special trains exclusively for service of Post Office, 1 & 2 Vict. c. 98.

36. Whenever in pursuance of any notice under the Railway Conveyance of Mails Act, 1838, or otherwise, the mails or post letter bags are conveyed and forwarded by a company on their railway by a special train, the Postmaster General may by the same or any other notice in writing require that the whole of such special train shall be appropriated to the service of the Post Office exclusively of all other traffic except such as he may sanction, and the remuneration to be paid for such service shall be settled as prescribed by the sixth section of that Act.

Signing of requisitions, &c. given or made by Postmaster General.

37. All requisitions, notices, and documents which relate to a company, if purporting to be signed by the Postmaster General or some secretary or assistant secretary to the Post Office, or by some officer appointed for the purpose by the Postmaster General, shall, until the contrary is proved, be deemed to have been so signed, and to have been given or made by the Postmaster General, . . .

Extension of scope of 27 & 28 Vict. c. 120.

8 & 9 Vict. c. 16.

38. The Railway Companies Powers Act, 1864, shall take effect and apply in the following cases in the same manner as if they were specified in section three of that Act; (that is to say,)

Where a company desire to make new provisions, or to alter any of the provisions of their special Act, or of the Companies Clauses Consolidation Act, 1845, so far as it is incorporated therewith, with respect to all or any of the matters following; namely,

(a.) The general meetings of the Company, and the exercise of the right of voting by the shareholders:

(b.) The appointment, number, and rotation of directors;

(c.) The powers of directors:

(d.) The proceedings and liabilities of directors:

(e.) The appointment and duties of auditors.

Signing and service of requisitions, &c. by Board of Trade.

8 & 9 Vict. c. 16.

Transmission of returns, &c. to Board of Trade.

39. All requisitions, orders, regulations, appointments, certificates, licences, notices, and documents which relate to a company, if purporting to be signed by some secretary or assistant secretary of or by some officer appointed for the purpose by the Board of Trade, shall, until the contrary is proved, be deemed to have been so signed, and to have been given or made by the Board of Trade. They may be served by the Board of Trade on any company in the manner in which notices may be served under the Companies Clauses Consolidation Act, 1845; and all notices, returns, and other documents required to be made, delivered, or sent by a company to the Board of Trade shall be left at the office of, or transmitted through the post addressed to, the Board of Trade.

Recovery, &c. of penalties. 8 & 9 Vict. cc. 20, 33.

40. Every penalty imposed by this Act shall be recovered and applied in the same manner as penalties imposed by the Railways Clauses Consolidation Act, 1845, and the Railways, Clauses Consolidation (Scotland) Act, 1845, (as the case may require) are for the time being recoverable and applicable.

Trial of any questions of compensation.

8 & 9 Vict. c. 18.

41. Whenever, in the case of any lands purchased or taken otherwise than by agreement for the purposes of any public railway, any question of compensation in respect thereof, or any question of compensation in respect of lands injuriously affected by the execution of the works of any public railway, is under the provisions of the Lands Clauses Consolidation Act, 1845, to be settled by the verdict of a jury empannelled and summoned as in that Act mentioned, the company or the party entitled to the compensation may, at any time before the issuing by the company to the sheriff as by that Act directed, apply to a judge of any one of the Superior Courts of Common Law at Westminster, who shall, if he think fit, make an order for trial of the question in one of the Superior Courts, upon such terms and in such manner as to him shall seem fit; and the question between the parties shall be stated in an issue, to be settled in case of difference by the judge, or as he shall direct, and such issue may be entered for trial and tried accordingly, in the same manner as any issue joined in an ordinary action, at such place as the judge shall direct; and the proceedings in respect of such issue shall be under and subject to the control and jurisdiction of the court as in ordinary actions therein, but so nevertheless that the jury shall, where the issue relates to the value of lands to be purchased, and also to compensation claimed for injury done or to be done to lands held therewith, deliver their verdict separately in manner provided by the forty-ninth section of the Lands Clauses Consolidation Act, 1845.

Obtaining and notice of judge’s order to be satisfaction of duty of company as to issue of warrant to sheriff.

42. Whenever a company is called upon or liable under the provisions of the Lands Clauses Consolidation Act, 1845, to issue their warrant to the sheriff in the case of any disputed compensation, and the company shall obtain a judge’s order as in the last preceding section mentioned, the obtaining of such an order and notice thereof to the opposite party shall be a satisfaction of the company’s duty in respect of the issue of the warrant.

Operation and effect of verdict of jury and judgment of court.

43. The verdict of the jury and judgment of the court upon any issue authorized by this Act shall, as regards costs and every other matter incident to or consequent thereon, have the same operation and be entitled to the same effect as if that verdict and judgment had been the verdict of a jury and judgment of a sheriff upon an inquiry conducted upon a warrant to the sheriff issued by the company under the Lands Clauses Consolidation Act, 1845.

Interpretation of certain expressions.

44. In so far as any expression used in any of the three preceding sections of this Act has any special meaning assigned to it by the Lands Clauses Consolidation Act, 1845, each such expression shall in this Act have the meaning so assigned to it.

[S. 45 rep. 58 & 59 Vict. c. 11. s. 1. Ss. 46, 47 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

SCHEDULES.

First Schedule.

Forms of Account referred to in Sec. 3. of this Act.

Railway.        Half Year Ending        18    .

[No. 1.] Statement of Capital authorized, and created by the Company.

[No. 2.] Statement of Stock and Share Capital created, showing the Proportion received.

[No. 3 ] Capital raised by Loans and Debenture Stock.

[No. 4.] Dr. Receipts and Expenditure on Capital Account. Cr.

[No. 5.] Details of Capital Expenditure for Half Year ending, 186.

[No. 6.] Return of Working Stock.

[No. 7.] Estimate of Further Expenditure on Capital Account.

[No. 8] Capital Powers and other Assets available to meet further Expenditure, as per No. 7.

[No. 9.] Dr. Revenue Account. Cr.

[No. 10.] Dr. Net Revenue Account. Cr.

[No. 11.] Proposed Appropriation of Balance available for Dividend.

[No. 12.] Abstracts.

[No. 13.] General Balance Sheet.

[No. 14.] Mileage Statement.

[No. 15.] Statement of Train Mileage.

(Signed) ____________ Chairman or Deputy Chairman of company.

___________ Secretary or Accountant of Company.

CERTIFICATE RESPECTING THE PERMANENT WAY, &c.

I hereby certify that the whole of the Company’s permanent way, stations, buildings, canals, and other works have during the past half year been maintained in good working condition and repair.

Engineer.

Date ___________ 18.

CERTIFICATE RESPECTING THE ROLLING STOCK.

I hereby certify that the whole of the Company’s plant, engines, tenders, carriages, waggons, machinery, and tools, also the marine engines of the steam vessels, have during the past half year been maintained in good working order and repair.

Chief Engineer, or Locomotive Superintendent.

Date ______________ 18.

AUDITOR’S CERTIFICATE.

As prescribed by Act 30 and 31 Victoria, cap. 37, to follow.

[Second Sched. rep. 38 & 39 Vict. c. 66. (S.L.R.)]

[¹ Inserted by 34 & 35 Vict. c. 78. s. 14.]