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CAP. X.

valid, and effectual to all intents and purposes, and that all An Act for regulating the Payment of the Out-Pensioners of sums of money paid under the provisions of the said act shall Greenwich and Chelsea Hospitals. [2nd April, 1846.] be dealt with in all respects as if this act had not been passed.

2. That in all cases in which any sum of money is required CAP. XI.

by any standing order of either House of Parliament, either An Act for punishing Mutiny and Desertion, and for the bet. now in force or hereafter to be in force, to be deposited by the ter Payment of the Army and their Quarters.

subscribers to any work or undertaking which is to be executed [2nd April, 1846.] under the authority of an act of Parliament, if the director or

person or directors or persons having the management of the CAP. XII.

affairs of such work or undertaking, not exceeding five in numAn Act for the Regulation of her Majesty's Royal Marine ber, shall apply to one of the clerks in the office of the clerk of Forces while on Shore.

[2nd April, 1846.] the Parliaments with respect to any such money required by

any standing order of the Lords spiritual and temporal in ParCAP. XIII.

liament assembled, or to one of the clerks of the Private Bill An Act to indemnify such Persons in the United Kingdom as Office of the House of Commons with respect to any such

bave omitted to qualify themselves for Offices and Employ- money required by any standing order of the Commons in Parments, and to extend the Time limited for those Purposes liament assembled, to be deposited, it shall be lawful for the respectively until the 25th Day of March, 1847.

clerk so applied to, by warrant or order under his hand, to di[14th May, 1846.] rect that such sum of money shall be paid in manner hereinafter

mentioned, (that is to say), into the Bank of England, in the CAP. XIV.

name and with the privity of the Accountant-General of the An Act to continue until the 1st Day of March, 1847, and Court of Chancery in England, if the work or undertaking in from thence to the End of the then next Session of Parlia- respect of which the sum of money is required to be deposited ment, the several Acts relating to Insolvent Debtors in is intended to be executed in that part of the United Kingdom India.

[14th May, 1846.] called England, or into any of the banks in Scotland established

by act of Parliament or royal charter, in the name and with the CAP. XV.

privity of the Queen's Remembrancer of the Court of ExcheAn Act for raising the Sum of Eighteen Millions three hun quer in Scotland, at the option of the person or persons making

dred and eighty thousand two hundred Pounds by Exche such application as aforesaid, in case such work or undertaking quer Bills, for the Service of the Year 1846.

is intended to be executed in that part of the United Kingdom [14th May, 1846.] called Scotland, or into the Bank of Ireland, in the name and

with the privity of the Accountant-General of the Court of CAP. XVI.

Chancery in Ireland, in case such work or undertaking is intendAn Act to authorise the Inclosure of certain Lands, in pur ed to be made or executed in that part of the United Kingdom

suance of the Recommendation of the Inclosure Commis. called Ireland; and such warrant ororder shall be a sufficient ausioners for England and Wales. [14th May, 1846.] thority for the Accountant-General of the Court of Chancery in

England, the Queen's Remembrancer of the Court of ExcheCAP. XVII.

quer in Scotland, and the Accountant-General of the Court of An Act for the Abolition of the exclusive Privilege of trading

Chancery in Ireland, respectively, to permit the sum of money in Barghs in Scotland.

[14th May, 1846.]

directed to be paid by such warrant or order to be placed to an

account opened or to be opened in his name in the bank menCAP. XVIII.

tioned in such warrant or order. An Act to amend Two clerical Errors in an Act of the last 3. That it shall be lawful for the person or persons named

Session, for regulating the Labour of Children, young Per- in such warrant or order, or the survivors or survivor of them, sons, and Women in Print Works. [18th June, 1876.] to pay the sum mentioned in such warrant or order into the

bank mentioned in such warrant or order in the name and with CAP. XIX.

the privity of the officer or person in whose name such sum An Act to amend an Act of the Second and Third Years of his shall be directed to be paid by such warrant or order, to be late Majesty, by providing additional Booths or Polling

placed to his account there ex parte the work or undertaking Places at Elections in Ireland, where the Number of Electors mentioned in such warrant or order, pursuant to the method whose Names shall begin with the same Letter of the Al. | prescribed by any act or acts for the time being in force for rephabet shall exceed a certain Number.

gulating monies paid into the said courts, and pursuant to the (18th June, 1846.] general orders of the said courts respectively, and without fee

or reward; and every such sum so paid in, or the securities in CAP. XX.

or upon which the same may be invested as hereinafter menAn Act to amend an Act of the Second Year of her present tioned, or the stocks, funds, or securities authorised to be Majesty, for providing for the Custody of certain Monies transferred or deposited in lieu thereof as hereinafter mention. paid, in pursuance of the Standing Orders of either House of ed, shall there remain until the same, with all interest and di. Parliament, by Subscribers to Works or Undertakings to be

vidends, if any, accrued thereon, shall be paid out of such bank, effected under the Authority of Parliament.

in pursuance of the provisions of this act: Provided always, [18th June, 1846.]

that in case any such director or person, directors or persons,

having the management of any such proposed work or underSect. 1. Recited Act repealed. Acts done and Monies paid

taking as aforesaid, shall have previously invested in the 31. under former Act.

per Cent. Consolidated or the 31. per Cent. Reduced Bank An2. Authority to deposit.

nuities, Exchequer bills, or other government securities, the 3. Payment of Deposit.

sum or sums of money required by any such standing order of 4. Investment of Deposit.

either House of Parliament as aforesaid to be deposited by the 5. Repayment of Deposit. Granting Certificate, &c.

subscribers to any work or undertaking which is to be ex. not to make the Chairman or Speaker signing the

ecuted under the authority of an act of Parliament, it shall be same liable.

lawful for the person or persons named in such warrant or Whereas an act was passed in the 1 & 2 Vict. [c. 117], inti-order, or the survivors or survivor of them, to deposit such taled, “ An Act to provide for the Custody of certain Movies | Exchequer bills or other government securities in the bank paid, in pursuance of the Standing Orders of either House of mentioned in such warrant or order in the name and with the Parliament, by Subscribers to Works or Undertakings to be ef- privity of the officer or person in whose name such sum shall fected under the Authority of Parliament." And whereas it is by such warrant or order be directed to be paid, or to transfer expedient that the said act should be repealed, and should be re- such government stocks or funds into the name of the officer enacted with such modifications, extensions, and alterations as or person ; and such transfer or deposit shall be directed by after mentioned: Be it therefore enacted, &c., that the said such clerk of the office of the clerk of the Parliaments, or such act shall be and is hereby repealed : Provided always, that all clerk of the Private Bill Office of the House of Commons, as acts done under the provisions of the said act shall be good, the case may be, in lieu of payment of so much of the sum of

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money required to be deposited as aforesaid as the same Ex.

CAP. XXIII. chequer bills or other the government stocks or funds will ex- | An Act to alter certain Duties of Customs. tend to satisfy at the price at which the same were originally

[26th June, 1846.] purchased by the said person or persons, director or directors, as aforesaid, such price to be proved by production of the

CAP. XXIV. broker's certificate of such original purchase.

An Act for removing some Defects in the Administration of 4. That if the person or persons named in such warrant or

| Criminal Justice.

[26th June, 1846.) order, or the survivors or survivor of them, desire to have in. Sect. 1. Power of Criminal Courts as to Terms of Transvested any sum so paid into the Bank of England or the Bank

portation and Imprisonment. of Ireland, or any interest or dividend which may have ac 2. Repeal of 4 & 5 Will. 4, c. 36, s. 13. Indictments crued on any stocks or securities so transferred or deposited as

may now be preferred before the said Court. aforesaid, the court in the name of whose Accountant-General 3. Writs for removing Indictments to specify County, the same may have been paid may, on a petition presented to

&c. in which same shall be tried. such court in a summary way by him or them, order that such 4. Certificate of Recognizance filed to prosecute Writ of sum or such interest or dividends shall, until the same be paid

Error to be made out by the Clerk of the Crown, out to the parties entitled to the same in pursuance of this act,

Master or Assistant Master on the Crown Side of be laid out in the 31. per Centum Consolidated or 31. per

Queen's Bench, and to be a sufficient Warrant for Centum Reduced Bank Annuities, or any government secu.

Defendant's Discharge. rity or securities, at the option of the aforesaid person or per.

Whereas in certain cases of felony the court is not em. sons, or the survivor or survivors of them.

powered by law to award sentence of transportation for a less 5. That on the termination of the session of Parliament in period than the term of the offender's life, or some long term which the petition or bill for the purpose of making or sanc- of years, or sentence of imprisonment for any shorter term tioning any such work or undertaking shall have been intro- than two years; but it is desirable that some such offenders duced into Parliament, or if such petition or bill shall be re- should suffer transportation or imprisonment for a shorter pejected or finally withdrawn by some proceeding in either House riod respectively, at the discretion of the court before which of Parliament, or shall not be allowed to proceed, or if the per. they are convicted: Now, be it enacted, &c., that, in all cases son or persons by whom the said money was paid or security where the court is now by law empowered or required to award deposited shall have failed to present a petition, or if an act a sentence of transportation exceeding seven years, it shall be passed authorising the making of such work or undertaking, be lawful for such court, at its discretion, to award a sentence and if in any of the foregoing cases the person or persons of transportation for a term of years not less than seven years, named in such warrant or order, or the survivors or survivor or to award such sentence of imprisonment for any period not of them, or the majority of such persons, apply by petition to exceeding two years, with or without hard labour, as shall to

rt in the name of whose Accountant-General the sum the court, in its discretion, appear just, und der all the circum. of money mentioned in such warrant or order shall have stances. paid, or such Exchequer bills, stocks, or funds shall have been 2. And whereas it is now required by law that no indictdeposited or transferred as aforesaid, or to the Court of Ex. ment shall be presented before the grand jory of the Central chequer in Scotland, in case such sum of money shall have Criminal Court for certain offences, unless the party prose. been paid in the name of the said Queen's Remembrancer, the

cuting shall have first entered into recognizances to prosecute; court in the name of whose Accountant-General or Queen's be it enacted, that the said provision be, and the same is here. Remembrancer such sum of money shall have been paid, or by repealed; and that bills of indictment may be preferred by such Exchequer bills, stocks, or funds shall have been depo- any person before the grand jury of the said court for any of posited or transferred, shall, by order, direct the sum of money fence alleged to be committed within the jurisdiction of the paid in pursuance of such warrant or order, or the stocks, said court, in the same manner as may be done before any funds, or securities in or upon which the same may have been

m or upon which the same may have been | other grand jury. invested, and the interest or dividends thereof, or the Exche. 3. And whereas doubts have been raised as to the proper quer bills, stocks, or funds so deposited or transferred as afore. I place of trial, where indictments have been removed by writ of said, and the interest and dividends thereof, to be paid or trans. certiorari from the Central Criminal Court into the Court of ferred to the party or parties so applying, or to any other person Queen's Bench; be it enacted, that every writ of certiorari or persons whom they may appoint in that behalf; but no such

for removing an indictment from the said Central Criminal order shall be made in the case of any such petition or bill

Court shall specify the county or jurisdiction in which the being rejected or not being allowed to proceed, or being with.

same shall be tried; and a jury shall be summoned and the drawn or not being presented, or of an act being passed au. trial proceed in the same manner in all respects as if the inthorising the making of such work or undertaking, unless upon dictment had been originaliy preferred in that county or juristhe production of the certificate of the chairman of committees diction. of the House of Lords with reference to any proceeding in the 4. And whereas, by an act passed in the last session of Par. House of Lords, or of the speaker of the House of Commons liament, intituled “ An Act to stay Execution of Judgment for with reference to any proceeding in the House of Commons, | Misdemeanours upon giving Bail in Error," it is (amongst that the said petition or bill was rejected or not allowed to pro- other things) enacted, that the Clerk of the Crown in the Court ceed, or was withdrawn during its passage through one of the of Queen's Bench shall, for the purposes in the said act menHouses of Parliament, or was not presented, or that such acttioned, make out and deliver certificates, in writing, under his was passed, which certificate the said chairman or speaker band, of the due filing of record in the said court of any reshall grant on the application in writing of the person or per- cognizance given to prosecute any writ of error. in the manner sons, or the majority of the persons named in such warrant, or in the said act mentioned, and that any such certificate, when the survivor or survivors of them : Provided always, that the duly verified by affidavit, shall be a sufficient warrant to every granting of any such certificate, or any mistake or error there- / gaoler or other person having the custody of such defendant or in or in relation thereto, shall not make the chairman or speaker defendants in execution of such judgment to discharge bim or signing the same liable in respect of any monies, stocks,

nies, stocks, them out of custody, and also to every person having in his funds, and securities which may be paid, deposited, invested, or

possession the whole or any part of any fine levied in execution transferred in pursuance of the provisions of this act, or the in

of any such judgment, to authorise and require the repayment terest or dividends thereof.

thereof to the defendant or defendants : And whereas the make

ing of such affidavit creates unnecessary expense and delay, CAP. XXI.

and it is expedient to dispense with the same, and to make An Act to enable the Right Honourable Henry Viscount Har- further provision for the making and delivery of such certif

dinge to receive the full Benefit of an Annuity of Five thou-cates; be it therefore enacted, that any such certificate as sand Pounds granted to him by the East India Company. aforesaid, under the hand either of the said Clerk of the Crown

[18th June, 1846.] or of the Master or Assistant Master on the Crown side of the

said court, and sealed with the seal of the Crown Office in the CAP. XXII.

said court, shall be a sufficient warrant for the discharge of An Act to amend the Laws relating to the Importation of any such defendant or defendants, and for the repayment of Corn.

[26th June, 1846.] any such fine.

by law.

CAP. XXV.

4. Meeting to be held duly called, although certain An Act for preventing malicious Injuries to Persons and Pro

Votes disallowed. perty by Fire, or by explosive or destructive Substances.

5. Notice of Meeting to be by Advertisement. [26th June, 1846.] 6. Notices to specify the Day, Hour, &c. of Meeting.

7. Chairman to be elected by a Majority of Committee, CAP. XXVI.

if present. Chairman to have a casting Vote. An Act for abolishing the Office of Superintendent of Con. 8. Chairman bound to put Questions proposed, and no victs under Sentence of Transportation.

other Business to be transacted. [3rd July, 1846.] 9. Three Scrutineers to be elected.

10. Case of the Chairman not being entitled to vote. CAP. XXVII.

11. In the Event of a Quorum not being present at such An Act to amend the Laws relating to Friendly Societies.

Meetings, the same to be adjourned, and Votes of [3rd July, 1846.]

Persons present at original and adjourned MeetSect. 1. Purposes for which societies may be formed under

ings to be received as if given at one and the same 10 Geo. 4, c. 56, and 4 & 5 Will. 4, c. 40.

Meeting. 2. Member may withdraw from society, the rules of which 12. As to the Right of Parties entitled to vote at Meetdo not prescribe the time &c., on giving notice and paying all

ings of the Shareholders. arrear.

13. Scale of voting. 3. Payments to society shall be kept distinct for each pur. 14. Proxies shall be signed before a Master in Chancery pose subscribed for, or extra payments made for contin.

in England, or Sherift, &c. in Scotland. gencies.

15. Number of Persons, yc. necessary to constitute a 4. Separate accounts to be kept for each particular benefit

Meeting. Majority must consist of at least Threesubscribed for.

fifths of the Votes of Persons present. 5. Returns of the rates of sickness and mortality, assets, 16. Minutes of Proceedings to be advertised. London and liabilities, shall be sent by every society to the registrar of

Gazette to be Evidence. Penalty on signing false friendly societies every five years.

Minutes, &c. 6. Penalties for not making returns to the registrar required 17. Places of Meeting shall be held as specified in Notice.

18. No Votes allowed except for Scrip, fc. actually 7. For establishing the legality of certain societies.

issued or given before 31st March, 1846. Mode of 8. Repeal of part of 10 Geo. 4, c. 56, and 4 & 5 Will. 4,

ascertaining the Issues. 7 8. 8 Vict. c. 110. c. 40. Societies legally established not excluded from benefit 19. Registrars of Joint-stock Companies to require Re. of said acts.

turn of Issues, but Omission of Registrar to send 9. Provisions of 39 Geo. 3, c. 79, and 57 Geo. 3, c. 19, not

Notice not to exempt Committee from Penalties. to extend to friendly societies.

20. Committees of projected Railways in Scotland to 10. Barrister appointed to certify rules to be styled “ Re

lodge a Return with the Sherif Clerk of Edin. gistrar of Friendly Societies in England, &c.," and shall be

buryh within twelve Days from passing of this paid by a salary instead of fees.

Act. Penalty for not lodging Return. 11. Registrar to retain out of the fees received by him suffi 21. The Sheriff Clerk to give Notice by Advertisement cient money to defray salaries and expenses of office. If fees

for Returns of issued Scrip, &c. to be made. not sufficient, balance to be paid out of consolidated fund.

22. In default of Return Meeting may be called, which 12. So much of 10 Geo. 4, c. 56, as requires rules to be filed

must represent One-third of Capital of the Comwith clerks of the peace, &c. repealed. Rules now filed, &c.

pany. to be taken off and returned to the registrar. One transcript 23. Meeting to decide if Dissolution taken to be an Act of certified rules, and all rules returned, shall be kept by re

of Bankruptcy. Scotland exempted. gistrar. Rules certified by registrar to be of full force.

24. If Meeting decide that Affairs shall not be so wound 13. Registrar shall not certify rules unless society adopt

up, &c., then they shall be wound up like ordinary tables certified by the Actuary of National Debt Office, &c.

Partnerships. 14. For appointing new trustees in certain cases.

25. Dissolution not to affect Rights of Creditors. 15. Settlement of disputes between managers and members, 26. If Proposal of Dissolution rejected, no new Meeting &c. may be referred to registrar, unless law officers refer the

to be called for six Months, fc. Same to a superior court.

27. Any three of the Committee, or any Creditor or 16. On such reference, registrar may inspect books and ad

Creditors, may petition for a Fiat in Bankminister oaths. False evidence, perjury.

ruptcy. 17. When trustees shall be absent &c., registrar may order 28. On issuing of Fiats, Companies to be subject to the stock to be transferred and dividends paid.

i Provisions of the Acts for winding up the Affairs 18. Secretary of state to fix amount of fees payable on re

of Joint-stock Companies. ference, and registrar to determine who shall pay them.

29. Sequestration of Estates of dissolved Scotch Railway 19. Justices empowered to enforce payment of fees under

Companies may be awarded. awards. If persons do not pay money pursuant to order, the 30. As to new Railways by incorporated Companies. same, together with costs, may be levied by distress. Proviso 31. Member against whom Judyment shall have been reis to Scotland.

covered to be repaid by Contribution from other 20. Rules certified by registrar, and awards executed under

Members, together with Costs. his hands, shall be received in evidence.

32. After Dissolution of Company, no Action, &c. to be 21. Forms set forth in the Schedule to this act may be

brought by any Attorney, &c. until one Month used.

after Bill of Fees shall have been delivered. Courts 22. Act to be construed with 10 Geo. 4, c. 56, and 4 & 5

may refer Bills for Taxation to Taxing Officers, Will. 4, c. 40.

33. Interpretation of Act. 23. Act may be amended, &c.

34. Act may be amended, &c.

Whereas it is expedient to facilitate the dissolution of cerCAP. XXVIII.

tain railway companies as hereafter mentioned, and to afford

| facilities for the winding up the concerns of such companies : An Act to facilitate the Dissolution of certain Railway Com.

May it therefore please your Majesty, that it may be enacted, panies.

[3rd July, 1846.]

and be it enacted, &c., That when any persons or companies, Sect. 1. Persons who shall have entered into a Contract for before the passing of this act, shall have entered into any con

the Formation of a Company for making a Rail tract usually called a subscription contract, or any other agreeway, &c. may dissolve the same pursuant to this ment or agreements, in writing or otherwise, for the forma

tion of a company or partnership for making any railway 2. Committee, &c. may call Meetings of Shareholders which cannot be carried into execution without obtaining the to consider Dissolution.

authority of Parliament, and in respect of which an act shall 3. Shareholders may require Committee to call Meet- not before the passing of this act have been obtained, it shall

ing, and, in default, may call it themselves. I be lawful for such persons or companies to dissolve the said

Act.

company or partnership, contract, or agreement, in manner one hour of the time appointed for holding such meeting, and hereinafter mentioned, and that whether or not such contract that the person to be in the chair at every such meeting shall or agreement shall contain any powers or provisions for dis- be some member of the committee, to be elected by a majority solution of the company or partnership intended to be thereby of the members of the committee present at the meeting, and in formed : Provided nevertheless, that nothing herein contained case the votes of the members of the committee present shall be shall prevent any such persons or companies from exercising equally divided, or if from any cause there shall be no member any such power or provision for dissolution in their contract or of the committee so elected, then some shareholder entitled to agreement contained, if they shall see fit, at any time before vote shall be elected by the meeting; and every person pre. availing themselves of the powers in this act contained : Pro. sent, either in respect of shares or of a proxy, shall have one vided also, that the provisions of this act shall be taken to ap- | vote only for the election of the chairman and scrutineers; and ply to any contract or partnership for the making any railway, every chairman shall have a casting vote, in addition to any notwithstanding that the agreement or partnership may relate other vote which he may be entitled to; and if any such chair to any other objects in connexion therewith ; and (unless a se man shall refuse to give his casting vote on the question of dis. parate capital and separate subscription shall exist as regards solution or bankruptcy as after mentioned, the question shall be the different objects) then, on a dissolution under the provi. considered as carried in the affirmative for dissolution or banksions of this act, the dissolution shall extend to the whole ob- ruptcy. jects of the contract or partnership.

8. That the chairman at every such meeting shall be bound 2. That it shall be lawful for the committee, provisional di- to put to the meeting any question proposed for the dissolution rectors, or other persons by such contract or agreement as of the company, or as to the bankruptcy thereof, and also as to aforesaid intrusted with the management and carrying into the election of scrutineers, and that no business shall be transeffect of the undertaking, and who are hereinafter called "the acted at any such meeting other than the consideration of any committee," to call a meeting of the shareholders for the pur- question so proposed, and the election of a chairman and scru. pose of determining whether the partnership or company so as tineers. aforesaid intended to be formed (and wbich is hereinafter 9. That immediately after the election of a chairman the called “ the company'') shall be dissolved ; and that if such meeting shall proceed to elect as scrutineers three shareholders meeting shall determine, as after mentioned, that the company in the company, whose business it shall be to verify as after shall be dissolved, then, as from the date of the resolution mentioned, and take the votes of the shareholders entitled to come to at such meeting, the company shall be taken to be vote, and cast up and declare the same; and the decision in dissolved, and the committee shall not have power to proceed writing of them, or of any two of them, shall be final in all any further with the undertaking.

respects. 3. That it shall be lawful for any five shareholders, as after 10. That in case it shall be discovered by or shewn to the defined, by writing under their hands, to require the commit. scrutineers that the chairman at any meeting is not entitled to tee to call a meeting for the purpose aforesaid; and that if the vote as a shareholder, it shall be lawful for the meeting either committee shall refuse or neglect, for six days after any such to elect a new chairman or to maintain such existing chairman, requisition shall have been left at the registered place of busi- / but such chairman so maintained in office shall not thereby acness of the company, as regards England and Ireland, and, as

quire the right of voting as a shareholder, or of giving a casting regards Scotland, at the usual place of business, or shall have vote; and in case the votes shall be equally divided the resolabeen served personally on any member of the committee, to tions shall be considered as carried in the affirmative for the call such meeting by notice as after mentioned, or if for any

dissolution and as to the bankruptcy of the company: Proreason whatever such meeting shall not be convened and held vided always, that all votes, acts, and deeds by any chairin pursuance of the directions herein contained, it shall be law. man not entitled to vote, or by the meeting presided over by ful for any five shareholders to call such meeting; and after any him, given or done before the discovery of his not being so ensuch requisition shall have been left or served as aforesaid, it titled, or given afterwards if he be so maintained, shall be valid shall not be lawful for the committee or any of them to make and effectual; and, as regards the election of chairman and any payments out of the monies of such company, except in scrutineers by the votes of the parties present, and producing discharge of bonâ fide debts or liabilities, or in performance of scrip or proxies, no objection after the election shall be made contracts or engagements, previously entered into, and in pay on its being shewn that they were not entitled to be present. ment of the expenses of calling and holding such meeting or 11. That at any such meeting as aforesaid, in the event of any adjourned meeting, nor to enter into any contracts or en the prescribed quorum after mentioned not being present and gagements on behalf of the company or affecting the property voting at such meeting, then the chairman shall cause the votes thereof, nor to issue any shares or scrip of or representing the of the persons constituting the said meeting to be taken and capital stock of such company, until the meeting called as recorded, and shall then adjourn the same to be held at the aforesaid shall have determined the question of dissolution. same place, and at a day to be declared by the chairman, such

4. That the meeting shall be held to have been duly called. | day not being less than three days and not more than one week although the votes of the parties calling the same, or any of

| from the original day of meeting, such day and time of meetsuch votes, shall be disallowed at the meeting by the scrutineers

ing in the meantime, as regards any meeting held in any part of to be appointed as hereinafter mentioned.

England, being advertised twice in each of three London daily 5. That the calling of any such meeting shall be by notice, l in two Edinburgh newspapers, and in the case of a meeting bela

newspapers, and in the case of a meeting held at Edinburgh twice signed either on behalf of the committee by any one member of in Dublin twice in two Dublin newspapers, and at such adthe same, or in case the meeting shall be called by the share.

journed meeting the votes of such persons constituting the holders. then by the shareholders calling the same, such notice same as had not voted at the original meeting shall be taken to be advertised in the London Gazette eight clear days and not

and recorded, and the total amount of votes given at the ori. more than fifteen days before the time to be therein fixed for

ginal and adjourned meeting shall be received as if given at one holding such meeting, and also, within the before-mentioned

and the same meeting. limits as to time, in three London daily newspapers; that in the case of railways to be made in Ireland, the said notice shall

12. That the only persons entitled to be present and vote at also be advertised, within the before-mentioned limits as to

any such meeting as shareholders, by themselves or proxies, time, in the Dublin Gazette and in two newspapers in com.

shall be those persons who shall, for the time being, be in pos. mon circulation in the city of Dublin; and as to railways to be

session of and produce certificates or receipts declaring parties made in Scotland, the said notice shall also be advertised,

entitled to shares in any company, or acknowledging the rewithin the before-mentioned limits as to time, in the Edin

ceipt of a deposit in such company, usually termed "scrip" burgh Gazette, and in two newspapers in common circulation

or * receipts” for deposits on shares ; and that, notwithstandin the city of Edinburgh.

ing the party in possession may not be the party to whom the

same was originally granted, or that the same may not have 6. That every notice of meeting shall specify the day, hour,

peeting shali specity the day, hour, | been legally assigned to the party in possession, or notwithplace, and purpose of meeting; and the parties entitled to be standing

standing the same may be possessed by the holder as a mere present at such meeting shall be the persons producing the

mortgagee, or in any other manner, or the same may be subshares, scrip, or receipts hereinafter defined, or the proxies liect to any charpe

ject to any charge or lien, and which parties are, by this act, after mentioned.

called “ shareholders :" provided that nothing herein contained 7. That every meeting so called shall elect a chairman within | shall authorise more than one vote, either for dissolution or bankruptcy, to be given in respect of the same share, notwith- 18. That no parties shall be entitled to vote, except in restanding any transfer or delivery of such share after a vote shall spect of scrip, receipts, or shares actually issued or given have been given in respect thereof.

before the 31st day of March, 1846, and that the shares, scrip, 13. That every shareholder shall, in voting on the questions or receipts actually issued or given, shall, for the purposes of of dissolution and bankruptcy, be entitled to one vote, by him this act, be taken to constitute the whole number of shares self or proxy, in respect of every share held by him, or in re

in the undertaking, although the contract may have provided spect of which scrip or receipts may have been issued, or de

that the undertaking shall consist of a greater number; and posits paid ; and that all shareholders producing such shares, that, for the purpose of ascertaining the number of shares, scrip, scrip, or receipts shall be entitled to attend meetings and to or receipts actually issued or given, the committee of every appoint proxies according to the form contained in the Sche- projected railway company to which the powers given by this dule hereunto annexed, or in some form to the like effect : act apply, (except in regard to railways to be made in ScotProvided always, and be it enacted, that the fact of any such land), shall, within twelve days after the passing of this act, party attending any such meeting shall not in anywise increase

be bound to send in unto the registrar of joint-stock compaor alter, either in law or equity, his rights or liabilities. nies a return in writing, under the hand of any member of 14. That the appointment of any such proxy shall be signed

such committee, specifying the number of shares, scrip, or by the party appointing the same before a Master or Master

receipts actually issued or given as aforesaid, the amount of Extraordinary of the Court of Chancery in England or Ire

each share, and of the deposit paid or to be paid thereon ; and land, or a justice of the peace in England or Ireland, or before

that, in case such return shall not be so sent in within the a sheriff or sheriff-substitute, or justice of the peace in Scot

aforesaid period, every member of the committee shall forfeit land, or, where such shares, scrip, or certificate shall be in pos

a sum not exceeding 201., to be recovered in like manner as session of any parties beyond seas, the said proxy shall be

any penalty under the act intituled “ An Act for the Regissigned as aforesaid before any of her Majesty's consuls or

tration, Incorporation, and Regulation of Joint-stock Comvice-consuls, or a notary public; and that, on signing the panies, is recoverable. same, the share, scrip, or receipt in respect of which the proxy 19. That the registrar of joint-stock companies shall, within is intended to be appointed shall be produced to the Master, six days from the passing of this act, send to the registered iustice. sheriff, sheriff-substitute, consul, vice-consul, or no- place of business of every such company a notice in writing, tary public; and the number of the shares, or the number of under his hand, requiring such return to be made; but the shares referred to in such scrip or receipt, and the name of the omission to send any such notice by the registrar shall not company, shall be ascertained and verified, with the number exempt the committee of any such company from the penal. and name of the company stated in the appointment of proxy, ties aforesaid ; and every person shall be at liberty to inspect before such Master, sheriff, sheriff-substitute, justice, consul, any returns made to the registrar, under this act, on payment vice-consul, or notary public.

of a fee of 2s. 6d.; and the certificate of the said registrar, 15. That, to constitute a meeting under the provisions of under his seal of office, as to the total amount of the shares, this act for the purpose of deciding on a dissolution or bank.

scrip, or receipts, shall be evidence as to the amount speruptcy, persons representing at least one third part of the cified in such return, and for such certificate a fee of 28. 6d. shares in the undertaking actually issued or given, either as

shall be paid; and no proceedings at any meeting shall be sbares, scrip, or receipts, must be present and vote; and that,

invalidated by reason of any defect or error in such return, but for the purpose of effecting a dissolution, and as to bankruptcy, any party making such return knowing it to be false shall be there must be either a majority of the votes of the whole scrip guilty of a misdemeanour. of the company issued as aforesaid, or at least three-fifths of 20. That, in regard to projected companies for railways to the votes of persons present and voting, either as shareholders be made in Scotland, the committee of every such company or proxies, in favour of the motion for dissolution and for the to which the powers given by this act apply, shall, within bankruptcy, if so resolved on.

twelve days after the passing of this act, be bound to lodge 16. That the chairman at every such meeting shall sign a with the sheriff clerk of the shire of Edinburgh a return in minute of the proceedings, and that every minute so signed writing, under the hand of a quorum of such committee, or shall be advertised within the shortest possible time in the of every member thereof, specifying the number of shares, same papers as those in which notice of the original meeting is scrip, or receipts actually issued or given as aforesaid, the herein before required to be given; and a copy of the London amount of each share, and the deposit paid or to be paid Gazette containing the advertisement of such minute shall be thereon; and that, in case such return shall not be lodged evidence of the meeting having been duly called and held, and within the aforesaid period, every member of such committee of the resolutions recorded having been duly passed by the ma- shall forfeit a sum not exceeding 201., to be recovered by jorities therein mentioned ; and such minutes shall be counter- summary petition to the court of session at the instance of the signed by at least two of the three scrutineers aforesaid; and said sheriff clerk. that any party signing minutes false or incomplete in any ma- ! 21. That the said sheriff clerk shall, within six days after terial particular, or any person who shall insert or cause to be the passing of this act, cause to be published in the Edinburgh inserted in the London Gazette any advertisement under the Gazette, and in two newspapers in common circulation in the present clause, knowing the same to be false in any material city of Edinburgh, a notice by him requiring such returns to particular, shall be guilty of a misdemeanour ; and the minute be made ; and every person shall be at liberty to inspect any directed to be advertised shall also be registered with the re returns made to the sheriff clerk ; and no proceeding at any gistrar of joint-stock companies, without any fee being charge- meeting shall be invalidated by reason of defect or error in able for such registration. .

any such return; but any party making such return knowing 17. That, as regards all projected railways as aforesaid, any it to be false shall be held to be guilty of falsehood and fraud, portion of the intended line of which is situate in England or and shall be liable to prosecution and punishment accordingly; Wales, the meeting aforesaid may be held, as shall be specified and the necessary expenses of the sheriff clerk, in regard to in the notice calling the same, either in London or West- such returns and notices, shall be paid by the several commitminster, or at the registered place of business of the company ; | tees making or bound to make returns, and shall be recovered or as regards any railways any portion of the intended line of in such amount from each of such committees as the sheriff of which is situate in the counties of Lancaster or Chester, such the shire of Edinburgh shall, by a writing under his hand, fix Ineeting may be held at Manchester or Liverpool, notwith- and determine. standing that the registered place of business may not be at 22. Provided always, that if, by any reason whatever, such reeither of such places; or as regards any railways any portion turn of the number of shares, scrip, or receipts actually issued, of the intended line of which is situate in the county of York, shall not be made within one calendar month from the passing such meeting may be held at York or Leeds, notwithstanding of this act, then a meeting may be called and held, under the that the registered place of business may not be at either of provisions of this act, and may resolve on dissolution or banksuch places; that, as regards railways situate in Ireland, the ruptcy, as by this act is provided, if persons representing meetings may be held either in London or Dublin, or at the shares, as before defined, equal to at least one-third part of the registered places of business, as shall be specified in the notice; whole capital of the undertaking are present and vote ; and and that, as regards railways situate in Scotland, the meetings any such meeting shall have the same powers as before conInay be held either in London or Edinburgh, or at the usual ferred on a meeting representing one-third of the shares acplaces of business, as shall be specified in the notice.

1 tually issued as aforesaid.

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