Abbildungen der Seite
PDF
EPUB

52. If any alteration be intended in the Water Level of any Canal, or in the Standing Orders, level or rate of inclination of any public carriage-road, or Railway which with which is to be will be crossed by the line of Railway, then the same shall be stated on the proved before Section, and each alteration shall be numbered ; and Cross Sections, in

Examiners. reference to the numbers, on a horizontal scale of not less than one inch to Cross Sectious of every 330 feet, and on a vertical scale of not less than one inch to every Roads, &c. 40 feet, shall be added, which shall show the present surface of such Road, Canal or Railway, and the intended surface thereof when altered ; and the greatest of the present and intended rates of inclination of the portion of such Road or Railway intended to be altered shall also be marked in figures thereon ; and where any public carriage-road is crossed on the level, a Cross Section of such road shall also be added, and all such Cross Sections shall extend for 200 yards on each side of the centre line of the Railway.

53. WHEREVER the extreme height of any Embankment, or the extreme Embankmonts and depth of any Cutting shall exceed Five Feet, the extreme height over or Cuttings. depth under the surface of the ground shall be marked in figures upon the Section; and if any Bridge or Viaduct of more than three arches shall intervene in any Embankment, or if any Tunnel shall intervene in any Cutting, the extreme height or depth shall be marked in figures on each of the parts into which such Embankment or Cutting shall be divided by such Bridge, Viaduct or Tunnel.

Viaducts.

54. WHERE tunnelling, as a substitute for open cutting, or a viaduct as Tunnelling and a substitute for solid embankment, is intended, the same shall be marked on the Section, and no work shall be shown as tunnelling, in the making of which it will be necessary to cut through or remove the surface soil.

55. WHEN a Railway is intended to form a junction with an existing or Gradient in case of authorized line of Railway, the gradient of such existing or authorized line Junctions. of Railway shall be shown on the deposited section, and in connection therewith, and on the same scale as the general section, for a distance of 800 yards on either side of the point of junction.

Class.

5. Estimates and Deposit of Money, and Declarations in certain cases. 56. An Estimate of the Expense of the Undertaking under each Bill of Estimate in Bills the Second Class shall be made and signed by the person making the same.

of the Second 57. In the case of a Railway Bill or Tramway Bill, authorizing the Percentage to be construction of Works by other than an existing Railway Company or deposited. Tramway Company, incorporated hy Act of Parliament, possessed of a railway or tramway already opened for public traffic, and which has during the year last past paid Dividends on its ordinary Share Capital, and which does not propose to raise under the Bill a capital greater than its existing authorized capital, a sum not less than Five per cent. on the amount of the Estimate of Expense, or in the case of substituted works, on the amount by which the expense thereof will exceed the expense of the works to be abandoned, and in the case of all Bills other than Railway Bills and Tramway Bills, a sum not less than Four per cent. on the amount of such Estimate, or of such excess as aforesaid, shall, previously to the 15th day of January, be deposited with the Paymaster General for and on behalf of the Supreme Court of Judicature in England, if the Work is intended to be done in England, or with the Paymaster General for and on behalf of the Supreme Court of Judicature in England, or with the King's and Lord Treasurer's Remembrancer on behalf of the Court of Exchequer in Scotland, if the Work is intended to be done in Scotland, or with the Accountant General of the Supreme Court of Judicature in Ireland, if the Work is intended to be done in Ireland.

58. WHERE the Work is to be made, wholly or in part, by means of Cases in which Funds, or out of Money to be raised upon the credit of present Surplus be deposited in lieu Revenue, belonging to any Society or Company, or under the control of of Money.

Directors

E 2

Standing Orders, Directors, Trustees or Commissioners, as the case may be, of any existing with which is to be Public Work, such parties being the Promoters of the Bill, a Declaration proved before stating those facts, and setting forth the nature of such control, and the Examiners.

nature and amount of such Funds or Surplus Revenue, and showing the actual Surplus of such Funds or Revenue, after deducting the Funds required for purposes authorized by any Act or Acts of Parliament, and also the Funds which may be required for any other Work to be executed under any Bill in the same Session, and given under the common seal of the Society or Company, or under the hand of some authorized Officer of such Directors, Trustees or Commissioners, may be deposited, and in such case no deposit of money shall be required in respect of so much of the Estimate of Expense as shall be provided for by such Surplus Funds.

'Cases in which 59. In cases of any Bill under which no private or personal pecuniary Declaration and Estimate of

profit or advantage is to be derived, and where the Work is to be made out Amount of Rates of Money to be raised upon the Security of the Rates, Duties, or Revenue may be deposited. already belonging to or under the control of the Promoters, or to be created

by or to arise under the Bill, a Declaration stating those facts, and setting forth the means by which Funds are to be obtained for executing the Work, and signed by the Party or Agent soliciting the Bill, together with an Estimate of the probable amount of such Rates, Duties or Revenue, signed by the Person making the same, may be deposited, and in such case no VIoney Deposit shall be required.

Deposit of Bills brought from the House of Lords.

6. Bills brought from the House of Lords. 60. A copy of every Local Bill brought from the House of Lords shall, not later than Two Days after the Bill is read a First time, be deposited at

office at which it was deposited under Orders 33 and 34, or would be required to be deposited under those Orders if it had been originally introduced as brought from the House of Lords.

every

Notices and
Deposits where
Work altered
while Bill is in
Parliament.

61. WHENEVER during the progress through the House of Lords of any Bill of the Second Class originating in that House, any alteration has been made in any Work authorized by such Bill, proof shall be given before the Examiners that a Plan and Section of such alteration, on the same Scale and containing the same particulars as the original Plan and Section, together with a Book of Reference thereto, has been deposited in the Private Bill Office, and with the Clerk of the Peace of every County, Riding, or Division in England or Ireland, and in the Office of the Sheriff Clerk of every County in Scotland, in which such alteration is proposed to be made, and where any County in Scotland is divided into Districts or Divisions then also in the Office of the Principal Sheriff Clerk in and for each District or Division in which such alteration is proposed to be made ; and that a Copy of such Plan and Section, so far as relates to any of the areas mentioned in Standing Order 29, together with a Book of Reference thereto, has been deposited with the Officers respectively mentioned in that Order, as the case may be, Two Weeks previously to the introduction of the Bill into this House ; and that the intention to make such alteration has been published previously to the introduction of the Bill into this House once in the London, Edinburgh, or Dublin Guzette, as the case may be, and for two successive weeks in some one and the same newspaper of the County in which such alteration is situate ; and that application in writing, as nearly as may be in the form set forth in the Appendix, marked (A), was made to the Owners or reputed Owners, Lessees or reputed Lessees, or in their absence from the United Kingdom, to their Agents respectively, and to the Occupiers of Lands through which any such alteration is intended to be made ; and the consent of such Owners or reputed Owners, Lessees or reputed Lessees, and Occupiers, to the making of such alteration, shall be proved before the Examiner. Compliance with this Order shall not be necessary in the case of alterations made on Petition for Additional Provision in the House of Lords.

7. Consents

compliance with which is to be

Examiners.

7. Consents of Proprietors or Members of Companies, and of Persons Standing Orders,

named as Directors. 62. EVERY Bill originating in this House, promoted by a Company

proved before already constituted by Act of Parliament, shall within five weeks of the date on which the Petition for the same was indorsed by the Examiner be Meeting of referred to the Examiners, who shall report as to compliance or non-compliance case of certain with the following Order :

Bills originating in The Bill, as introduced, or proposed to be introduced, in this House, this House. shall be submitted to the Proprietors of such Company at a meeting held specially for that purpose,

Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in some one and the same newspaper published in London, Edinburgh, or Dublin, as the case may be, and in some one and the same newspaper of the county or counties in which the principal office or offices of the Company is or are situate ; and also by a circular addressed to each proprietor at his last known or usual address, and sent by post, or delivered at such address, not less than Ten days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions for the use of the same ; and the same form of proxy and the same instructions, and none other, shall be sent to every such proprietor ; but no such form of proxy shall be stamped before it is sent out, nor shall the funds of the Company be used for the stamping any proxies, nor shall intimation be sent as to any person in whose favour the proxy may be granted, and no other circular or form of proxy relating to such meeting shall be sent to any proprietor from the office of the Company, or by any director or officer of the Company so describing himself.

Such meeting shall be held not earlier than the seventh day after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the Company.

At such meeting the said Bill shall be submitted to the proprietors aforesaid then present, and approved of by proprietors, present in person or by proxy, holding at least three-fourths of the paid-up capital of the Company represented by the votes at such meeting, such proprietors being qualified to vote at all ordinary meetings of the Company in right of such capital. The votes of proprietors of any paid-up shares or stock other than debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the Bill, if tendered at the meeting shall be recorded separately. The names of the proprietors present in person at the meeting shall be recorded by the Company. For this purpose the meeting and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be demanded by any proprietor present in person at the meeting.

There shall be deposited at the Private Bill Office a statement of the number of votes if a poll was taken, and of the number of votes recorded separately.

So far as any such Bill relates to a separate undertaking in any Company as distinct from the general undertaking, separate meetings shall be held of the proprietors of the Company and of the separate undertaking, and the provisions of this Order applicable to meetings of proprietors of the Company shall, mutatis mutandis, apply to meetings

of proprietors of the separate undertaking. 63. Every Bill originating in this House, promoted by any Company, Meeting of Mem. Society, Association, or Co-partnership formed or registered under the bers of Companies, Companies Act, 1862, or otherwise constituted (and not being a Company to certain Bills which the preceding Order applies) shall, within five weeks of the date originating in this on which the Petition for the same was indorsed by the Examiner be referred again to the Examiners, who shall report as to compliance or pon-compliance with the following Order :

In the case of a Company formed or registered under the Companies Act, 1862,

The

House.

329.

E 3

Standing Orders,

compliance with which is to be

proved before Examiners,

The Bill as introduced or proposed to be introduced in this House shall be approved by a special resolution of the Company.

In the case of any other such Company, Society, Association, or Co-partnership as aforesaid,

The Bill as introduced or proposed to be introduced in this House shall be consented to by a majority of three-fourths in number and (where applicable) in value of the proprietors or inembers of such Company, Society, Association, or Co-partnership present, in person or by proxy, at a meeting convened with notice of the business to be transacted and voting at such meeting ; such consent to be certified in writing by the chairman of the meeting.

A Copy of such special resolution or certificate of consent shall be deposited in the Private Bill Office.

The names of the proprietors or members present in person at the meeting shall be recorded by the Company, Society, Association, or Co-partnership. For this purpose the meeting, and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting.

A poll may be demanded by any one proprietor or member present in person at the meeting, notwithstanding any provision to the contrary contained in any instrument constituting or regulating the Company, Society, Association, or Co-partnership.

If a poll is taken there shall be deposited in the Private Bill Office a statement of the number of votes.

So far as any such Bill relates to a separate class of proprietors or members of any Company, Society, Association, or Co-partnership; as distinct from the proprietors or members generally, such Bill shall be approved or assented to by the proprietors or members generally, and also by the separate class of proprietors or members, and the provisions of this Order applicable to the proprietors or members generally shall, mutatis mutandis, apply to the separate class of

proprietors or members. 64. In the case of every Bill brought from the House of Lords in which provisions have been inserted in that House, empowering the Promoters thereof being a Company already. constituted by Act of Parliament to execute, undertake, or contribute towards any work other than that for which it was originally established, or to sell or lease their undertaking, or any part thereof, or to enter into any agreements with any other Company for the working, maintenance, management, or use of the Railway or works of either Company, or any part thereof, or to amalgamate their undertaking, or any part thereof, with any other undertaking, or to purchase any other undertaking, or part thereof, or any additional lands, or to abandon their undertaking, or any part thereof, or to dissolve the said Company, or in which any such provisions originally contained in the Bill have been materially altered in that House, or in which any such powers are conferred on any Company not being the Promoters of the Bill, the Examiner shall report as to compliance or non-compliance with the following Order :

The Bill, as introduced or proposed to be introduced into this House, shall be submitted to the proprietors of any such Company, at a meeting held specially for that purpose.

Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in some one and the same newspaper published in London, Edinburgh, or Dublin, as the case may be, and in some one and the same newspaper of the county or counties in which the principal office or offices of the Company is or are situate ; and also by a circular addressed to each proprietor at his last known or usual address, and sent by post, or delivered at such address, not less than Ten days before the holding of such meeting, enclosing a blank form of proxy,

with proper instructions for the use of the same ; and the same form of proxy and the same instructions, and none other, shall be sent to every such proprietor; but no such form of proxy shall be stamped

before

Meeting of Proprietors in case of certain Bills originating in House of Lords.

before it is sent out, nor shall the funds of the Company be used for Standing Orders the stamping any proxies, nor shall intimation be sent as to any person with which is to be in whose favour the proxy may be granted, and no other circular or proved before form of proxy relating to such meeting shall be sent to any proprietor

Examiners. from the office of the Company, or by any director or officer of the Company so describing himself.

Such meeting shall be held not earlier than the seventh day after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the Company.

At such meeting the said Bill shall be submitted to the proprietors aforesaid then present, and approved by proprietors present in person or by proxy, holding at least three-fourths of the paid-up capital of the Company represented by the votes at such meeting, such proprietors being qualified to vote at all ordinary meetings of the Company in right of such capital. The votes of proprietors of any paid-up shares or stock other than debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the Bill, if tendered at the meeting shall be recorded separately. The names of the proprietors present in person at the meeting shall be recorded by the Company. For this purpose the meeting, and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be demanded by any proprietor present in person at the meeting.

There shall be deposited at the Private Bill Office a statement of the number of votes if a poll was taken, and of the number of votes recorded separately.

So far as any such Bill relates to a separate undertaking in any Company as distinct from the general undertaking, separate meetings shall be held of the proprietors of the Company and of the separate undertaking, and the provisions of this Order applicable to meetings of proprietors of the Company shall, mutatis mutandis, apply to meetings of proprietors of the separate undertaking.

65. In the case of every Bill brought from the House of Lords, in which Meeting of Meniprovisions have been inserted in that House empowering or requiring bersine companies, any Company, Society, Association, or Co-partnership formed oi registered certain Bills under the Companies Act, 1862, or otherwise constituted, and not being a originating in Company to which the preceding Order applies, to do any act not authorized House of Lords. by the Memorandum and Articles of Association of such Company, or other Instrument constituting or regulating such Company, Society, Association, or Co-partnership, or authorizing or enacting the abandonment of the undertaking, or any part of the undertaking, of any such Company, Society, Association, or Co-partnership, or the dissolution thereof, or in which any such provisions originally contained in the Bill have been materially altered in that House, or by which any such powers are conferred on any Company, Society, Association, or Co-partnership not being the Promoters of the Bill, the Examiner shall report as to compliance or non-compliance with the following Order :

In the case of a Company formed or registered under the Companies Act 1862,

The Bill as introduced or proposed to be introduced into this House shall be approved by a special resolution of the Company.

In the case of any other such Company, Society, Association, or Co-partnership as aforesaid,

The Bill as introduced or proposed to be introduced in this House shall be consented to by a majority of Three-fourths in number and (where applicable) in value of the proprietors or members of such Company, Society, Association, or Co-partnership present, in person or by proxy, at a meeting convened with notice of the business to be transacted, and voting at such meeting, such consent to be certified in writing by the Chairman of the meeting:

A copy of such special resolution or certificate of consent shall be deposited in the Private Bill Office.

Provided

[ocr errors]
« ZurückWeiter »