-.-~
'51 & 52. VICTORU-SESSION.. 188-8.
GE:EAT W:ESTERN RAILWAY ACT 1888.
.' . Arrangement of Sec.t~on8.
SECTIOK" Preamble, Short· Title l' Incorporation of General Acts .... 2: Interpretation 3 Po\ver to 'make Railways 4- Railways to be part of Company's undertaking 5' Height and span of'bridges .,~' 6 Widths of certain roadways· 7 Power to divert roads as shown on deposited Plans a- For the protection'of the Corporation of 'Bristol 9· , For the protection of the Bristol United Gas Light Company 10; For the protection 'of the Bristol Waterworks Company ... 11 For the protection of the Bristol Tramways and Carriage Company Limited 12' :for the protection b£the Avonbank Brick:and Tile' Company 13·- For the protection of the Dawlish Local Board 14.' Lands fot' extraordinary purposes .... 15 Period for completionof new' railways 16' Imposing' penalty unless newrailways opened ... 17· Application ofpenalty ... 18.- Sanctioning constructed railway at Barnstaple 19 Power to make new 'roads alterationsofroadsfootpaths (~c. 20· For the·prot~ctionof the Corporation of·Cardiff 21 For the protection'of the Reading Urban-SanitaryAuthority 22 Power to deviate iJ;! construction of new roads &c. 23: .A.S to vesting of site' and soil of portions of roads &c~ stopped up . 24 Extinguishment of'rights of way ...... 25 Roads notto be stopped up till new 'roads opened 26. Provision' as to repair of new-roads 27 Po,ver to-Company to make agreements as to the construction or contribution
towards the cost of now roads .., . 28 Power tnCompanyto acquireadditional Iands for general purposes 29 Period for compulsory purchase of lauds 30 Power to 'owners to 'grant easements 31 Ownersmay be required to sell to Company parts only of certain properties •.• 32 .Restriction ,011 displacing persons of the labouring class '...... 33 Provisicnwith respectto superfluous lands of the Company 34' Previsionwith respect to superfluous lands of the Company and North Weste'rn Oompany.... " ... ' 35 Ct>nlpany and North Western·Company may hold lands acquired by agreement 36 Revival"o£ powersand extension of. t~~e for purchase of lands fo1" Railwa~ ..No,:2 authorised by.No. 2 Act of 18~2. . 3'1· Extensionoftime for construction of Railway No.2' authorised by No. 2 Act of
,. 1882 i •• 38- ~bandon1nentof Railways 1 and 3 authorised by No.2 Act of,1882 •.•. 39' A:~andonment.not to affect right to compensation for damage to 1'andby entry
" &c.·£or purposes of 'work abandoned t •• - 4(}
~
'.'C:
;; .1, ::':I/~:;;: ·.~.~~:r7 ARRANGEMENT OF SECTIONS. SECTION Compensation to be made in respect of portions of railways abandoned 41 Agreements sot forth in fourth and :fifth schedules confirmed 42 As to recovery of dock dries .. ,_ 43 As to Custo.ms and other bonds given by Company 44 .Delivery warrants ... 45 Provisions as to Great Western Railway Medica] Fund Socioty . 46
Repeal of section 89 of Duffryn Llynvi and Porthcawl Railway Act 1825 ... ; 47 As to bond of Kington and Eardisley Railway Company 48 Vesting in Company the undertaking of the Leomi~ster and Bromyard Railway 'Company , 49 Leominster Company to he wound up 50 Power to Company to apply surplus funds for purposes of vesting ,the Leo minster Company's undertaking 51 Leominster shareholders not to be shareholders of Company, 52 Vesting in Company the undertaking of the Worcester Bromyard and Leominster \ Railway Company ... '. . 53 Power to Company to apply surplus funds for purposes of vesting the Worcester Company's undertaking 54 Shareholders not to be shareholders of Company 55 As to capital of Company 56 Certificates of debenture stock &c. of Worcester Company ,to 'be exchanged 57 Certificates of preference stock of 'Vorc~,s~er Company to be exchanged 58 Certificates of ordinary shares of Worcester Company to be delivered to Great Western Company ... ' 59 Notice to be p;iven by Company ofintention to payoff Shareholders of Worcester Company .... 60 .Provisions as to lost certificat~s of Worcester eompany ...- 61 Dissolution of Kingsbridge and Salcombe Railway Company and transfer of powers'to Company ... 62 Kingsbridge and Salcombe Railway to become after transfer part of the under taking of the Company 63 Company may raise capital of Kingsbridge Company 64 Penalty imposed unless the Kingsbridge Railway is opened within the time limited 65 .Application of penalty in respect of Kingsbridge Railway 66 Ilelease of Kingsbridge Company's deposit . 67 Directors of Kingsbridge Company to wind up affairs 68 .Subscription to undertakings ofWest Draytonand WhitlandRailway Companies 69 Power to Companyto raise additional capital,.. 70 As to disposal by Company of new shares or stock 71 Power to .Company to cancelunissued shares- or stock 72 :Shares not to be issued by Company until one-fifth part thereof shall have been paid up ... ' 73 , .Escept as otherwise provided new shares or stock of Company to be subject to sameincidents as other shares or stock... . 74 Dividends on new shares or stock of Company ..-. 75 .Restriction as to votes in respect of preferential shares or stock ~f Company ... 76 New shares or stock, of Company raised under this Act and any other Act - , of present Session may b~ of sanle class Power to Company to borrow . 'Company may issue debenture stock 79 ,Asto fractional parts of a pound of stock of the Company 80 r
.A.RRANGE1IEXT OF SECTIONS. SEC'fION Application of moneys raised by Company ••• 81 Mortgages already granted by Company to have priority... E:2 Power to Company to apply surplus moneys to purposes of this Act... 8:3 .Power to Oldbury Railway Company to borrow 84 Provisions as to appointment of receiver of Oldbury Railway Company 85 Pr~ority of existing mortgages by Oldbury Railway Company Sf> -Oldbury Raihvay Company may create debenture stock ... 87 Application of moneys by Oldbury Railway Company R8 Power to Company and North Western Company to apply corporate funds to purposes of Act 8H Interest not to be paid on calls paid up in the Company and Oldbury Railway Company .... 90 Deposits for future Bills not to be paid out of capital 91 For the protection of the Postmaster-General H2 Saving rights of the Crown in the foreshore 9:3 Saving rights of the Crown 9-1: Saving rights of the Duchy of Cornwall D5 Provision as to General Railway Actu ... Hti -Costs of Act U7 SCHEDULE~. ...
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, III • .',~ • •I L.- ~ ".,i.'""
."' AO·T·
For conferringfurther powers upon the Great Western Railway Uompany in connection with their own and other undertakings and upon them. and other Companies in connection with undertakings _in -which they are jointly interested for vesting in tpe Great Western Railway Company.the undertakings of_the Leominster andBrom yard and the Worcester Bromyard and Leominster. Railway Companies' and. the powers of .tho Kingsbridge and Saleombe Railway Companyand for-authorising and confirming agreements with other-Railway Companies and for other purposes.
[ROYAL ASSENT 13TH AUGUST 1888.] - ')
WHER:E~S it ~s ex~~di~nt that the Great West;rn ~aiiway Preamble. Company (In -this ...t\.ct called "the Company") should be empowered to execute make .and maintain theRailways and Widen- ingsof: railways and other works and to exercise the powers bytliis (Railwavs and -0 Act respectively authorised and conferred upon them. and to acquire other Works.) , for the p,urposes of this Act and for the. gejleral purp~ses of their undertaking and· works eonnected. therewith .and for providing I. increased accommodation certain Iands houses and buildings in this -Act described or referred to : o •
2 Great -Western Railway Ac: 1888.
And whereas it is expedient that the construction and mainten ance of the. railway at.Bamstaple as hereinafter d~scribed ~hould be sanctioned as by this Act provided :
{Depoait, of plans And, whereas plans'and sectionsshowing the lines and levels or &c.) the railways and other works by this Act authorized to be con- !} structed or sanctioned and the lands by this Act authorized to be acquired and also books of reference containing the names of the owners and. lessees or reputed owners and lessees and of the occupiers of those lands were duly 'deposited with the clerks of th.e peace for the' several counties within which those railways and other works 10' will be. constructed and those lands are situated and are hereinafter respectively referred to as the deposited plans sections and books of reference :
(Superfluous And whereas it is expedient that the time limited for the sale of Lands.) certain lands acquired respectively'by the Company for' the purposes 15 of ·their undertaking and by the Company and the London and North West~rn' Railway Company. (in this Act called the North Western Company) for ,the purposes of their joint undertakings should. .be extended and that further pow.ers should be conferred upon those Companies in respect of the sale lease or other disposal 2(} of those lands ; . .
(Lands acquired , And whereas the Company and' the North' Western Company for extraordinary purposes.) . ,ha"Jre acquired l)y agreement for the purpose of .providing additional stations sidings offices and other accommodation for or in connection with the traffic on their joint undertakings the lands 'described ill 2n. the third schedule to this A.9t .aud it is expedient that they should · be authorised'to hold the same:
(Revival of.powers And whereas it is' expedient that the powers granted by the and extension of . •. . A'. 188~as bime BailwayNo.B Great Western I Railway (No 2)ct amended by the Great ofl882.) Western Railway Act 1885, for the purchase of lands for the 30 purposes, of' the railway NOl 2 1'auth'orised by the 'first .. mentioned Act,· should be. revived and extended as in this Act provided .and that the period limited by the said Act of 1882 as 'amended. by the' said Act of 1885 for the construction and completion of the said railway: No. 2, should be extended :. 35 (Abandonlnent,of '. And whereas .it .is 'expedient that ·tIie Company should be Railways Nos: 1 ~. 'I • • snd 30f1882.) .authorisedto abandon ·t.he~ construction of the railways-Nos; 1-and 3 .. described: iiL·· and authorised by the-'·Great: Western Railway (No.2) Act 1882 : '. ., - ., '.'
...... ' t" :G,'cta .West~l'n~ Railway· Aiet 1888•
.'And whereas the undertaking-or'the OldburyRailway Company (Add~tio~a.i: And whereas it is expedient thatprovision should bo .made as (Recovery of dues • ". .: . • . . -Plymouth Great 15 III this Act contained for the recovery of dues payable to tll.e 'Vestern Dooks.) Company under the Great 'v.estern ,Railway Act 1880 qr ally of the .Acts 'relating. to the Plymouth Great, Western Docks' or any Act or Acts relating 1.0 any other docks wharves or shipping places of·the Company: " , And' whereas it is expedient that the Company should. be (Bonds !or.Cus- 20 \ "tomsduties.) authorised to grant bonds 101; ~ustoms duties and to _exercise the other powers by this Act conferred upon 'them in respect of goods articles or things landed, or shipped at their docks"wharves or shipping places : And whereas it is expedient that the Agreements between the (Confirmation of 25 , '. agreements.) Oldbury' Railway Company and the'Company and between the ~ Rhondda and Swansea Bay-Railway Company and -the Company which are respectively .' set forth' in' .the Fourth and Fifth Schedules to'this Act·should be eonfirmed: .. . . 30 I. " Ari'd whereas .the railways'of. the Leominster and Bromyard (Vestings') . Railway' Company and the ·,Worcester ~r~Il?-yardand Leominster .Railway Companyrespectively are underthe authority of Parliament worked and maintained bythe'Company and it is expedient that the undertakings or those Companies respectively should 'be transferred 35 to and vested in the Company and that tho agreemen~s with reference th~reto which are set forth in the Sixth 'and,Sevent~ Schedules to this Act should be confirmed: o 4 ~~:::b~1f:t.nd,r' ,And whereas the Kingsbridge and .Salcombe Railway Company \\ray.). ( ..(in this Act referred to as the Kingsbridge COmpany)' was incor . porated >bythe.Ki,ngsbridge and Baleombe Railway Act ~1,882· and . authorised to construct the railways between the Company's Brent · 'station and Kingsbridge and :Salcombe '. described. in' that Act fj. with power to raise ono hundred and sixty thousand POUtJ1(1s b~T shares or stock and fifty-t~ree thousand pounds by borrowing. : And whereas by the Kingsbridge and Salcombe Railway TEx tension of Time) 'Act 1887 the powers granted to the Kingsbridge .Company for the compulsory purchase of lands f~r the purposes of 10 tl~eir said Act of 1882 were revived and extended iand the time · limited' by that Act lor the completion of the said railway's was ex- · tei~ded : ' . ' , . And whereas the Kingsbridge Oompany have not constructed any of the railways orworks authorised by the said Acts and it is ex- 15·· pedient that the powers rights and .privileges now vested 'in that · Company under theirsaid Acts with all their lands.'and other property should be transferred to and vested in the, Oompany in, manner by this Act provided: ',' I •" (As to bond of the . And whereas it is expedient to make tho provision in this Act 20 Kington and '- d bITT- ' Eardisley Railway contained .orf cauceII-mg the bon executed y t 10 Kington and , Company.)" , .Eardisley Railway Companyand Richard Green Price (afterwards · Sir Richard Green'Price, ~ince deceasedJhereinafter referred to .. " (Amendment of And whereas it is expedientthat Some of .the provisions of "the Aots.) , existing Acts of the Company should be amended or repealed as 25 hereinafter provided and that section 89 of the Duffryn Llynvi and Porthcawl Railway Act 1825 should be repealed : .. . '.- . (Additional ,. -,lIla whereas it is expedient that' the Oompany should, be capital.) . authorised to raise afurther sumof money forthe purposes "of this Act and for the general purp~ses of their. undertaking:" '", 30- (Application of And 'whereas it is expedient ,that the ,Company and the North funds~~ny by Com- W.,~stN'.lJ ."Great Weste1."n llail'w~y Act '1:888. \~ " . . . ,'.' "MAY",~T THEREFORE PL,E4SE YOUR MAJESTY ,That' it''may be' ~nacted A.N~' BE rf ENA.CTED by, the Que~~'~ Most Excellent Majesty by and with the advice and.consent of t,lte Lords Spiritual and, Temporal and Commons in this 'p~esent Parliament ~ the,sa~eas £oIIows;~ .. assembled and by the authorityoi , ":>. , I.-This Act may be cited for" all purposes as the ·Great Short title~ .Western RailwayAct 1888. 2 ..-The following Acts and parts of Acts are except, where Incorporation of .expressly:1 vanee d,y b t hiIS A'Ct'Incorporatedwit · han d f orm part ' 0 f the1,8 general. Acts. 10 Act (that is to say): : The Lands Clauses -Oonsolidation Acts '~1845 1860 and I-S69 as amended by the Lands Clause's (IJmpire) A.ct1883 ': " .The Railways Clauses 'Consolidation Act 18'45: " . Part i, (relating to the construction of a railway) Part II.. (relating to extension Qitime) and Part 'V. (relating to amalgamation)of ~he,RaI1ways Clauses Act 1863: ' , rrh~ .provisions of the, Companies Clauses Consolidation Act 18~? with respect to the following matters (namely) :', The distribution of the capital of- the Company into shares ; The transfer or transmission of shares; ,The payment of subscriptions .and the means of enforcing , .thepayment of calls; .The Jo~feiture of shares for non-payment of calls; , The re.medies. of creditors.of the Company against the shareholders ; 'l'he borrowingof money; The conversion of the borrowed 'money into capital ; ."I'he consolidation of sharesinto .stocn ; .and The provision to be "made for'affording access to the special :30 Act by 'allp~rties interested: Part I. (relating to cancellation and surrender of shares) Part II. (relating to additional capital) .and Part III. (relating to debenture stock) of the Companies Clauses 4.ct 1863'. B 6 Interpretation. g.-In this ~ct the several. words. and expressions to which • meanings are assigned by the Acts wholly or partiallyincorporated herewith have, the.same respective meanings unless there be some thing in the subject or context repugnant ·to 'such construetion : The expression " the Railways " means the New Railways and {, the Widenings ~f Railways by this! Act authorised: The expression "superior courts" or" court of' competent , "jurisdicti~n" or aiIy other like expression in this Act or .any Act' wholly or partially incorporated herewith shall for the purposes of this Act be 'read and have effect as if the If) . debt or demand with .respect' to which the expression is used were asimple contract debt andnot a debt or demand created by statute. Powerto make 4.~ubj~ct to the provisions of this Ac~ the'Company may Railways, make and maintain in the lines and, according to the levels .shown 15 on ,the deposited plans and' sections relating thereto the. railways and. widenings of railways' and 'other works hereinafter described' . with all proper stations sidings approaches .. r.oads works and con veniences connected therewith. and may enter upon'take and use . , such of the lands delineated' on the deposited' plans thereof and 20 ,described in ,the deposited books of reference relating thereto as m"iy be required for those purposes (that is to say) : ,I. A Railway (No. I) one furlong five' chains and eighty- ' ,five links or thereabouts in length commencing in the. parish of 'S,aint George in the county of Gloucester by a25 junction with the ,siding~ or relief lines now in co.~se of construction by the Company and terminating in the parish of . Saint Philip and Saint Jacob Without in. the city and 'county of the 'city of Bristol lly ~. junction with the rail- way No. 3 hereinafter described : 30 2. A'Railway (No.. 2) seven furlongs two chains and fif~y links or thereabouts .in length commencing in the parish of Saint Philip and Saint Jacob Without in the city and countyof the city of Bristol by a junction with the Railwa}, No.311ereinafter described and terminating in the :l)Rll'i~h ,35 of Bedminster in the city and county of the city of Bristol by tt junction with The Company's 'Bristol and Exeter Railway: " ' , . Gr,eat Western Railway Act l8BS. 7 ltailw~y "I.· 3. A.' ,No. 3) two furlongs five chains and seventy·' ," ~ . two links or thereabouts in length being: 3, deviation, of the Company's Bristol and. North Somerset Railway 'commencing in the parish of Saint George in the county o~ Gloucester at a point on tlie said railway about 6 chains. measured in a. south-easterly direction from the-junction . thereofwith the Company's main Iine from London to Bristol .and terminating in ,the parish of Saint PhiJ~p and Saint J aeob Without in the city and count.y.of the cityof Bristol 10 by a junction with the said_Bristoland North Somerset " Railway at" a point.thereon one and a half, chains north- , westward of the north-western end of the bridge carrying . the said railway over the River "Avon : .4. 'A Widening (a) one mile three furlongs and two 15 ., chains' or thereabouts'·in length' of the Company's. South .Devon Railway in the parish of Dawlish in the, county of Devon commencing :at or near the signalling cabin at the western end. of the Parson Tunnel and terminating at 01' near the Colonnade on the western 20 side of Dawlish' Railway' Station.' Provided always.' -. that. in" 'making- the said widening the Company shall not deviate from the lines shewn on- the deposited plans even within' "the limits of deviation so as to' encroach on or diminish the beach on the seaward' side, 25 ,of their existing South Uevon Railway without the consent in writing of the Board of 'I'rade : 5., A ,Widening. (0) eleven miles three furlongs . and, four chains. or thereabouts in length .of the Oompany's Soutl, Devon Railway commencing in the parish of Plympton. 30 Saint Mary at or near the signalling c~bin of the Hemerdon . junction and terminating in the parish of Ratte~y at or near the signalling cabin of the' Rattery junction. Except 'with the consent of the Owner or Owners for the' time being of the Marley Estate the Company shall not take 35 enter.upon or use any of the lands described or referred to in' the deposited Plans and" Books of. Reference forming part of the Marley Estate adjoining the existing Tunnel required for the purposes of this Act except upo:q. the"terms, , and conditions and 'subject to .the restrictions described , .. . .(keat JJ ·e~~ ,l1ai~~y' ~ Aqt .1~8bl. and referred to in a certain -Indenture of Covenant and Release dated the fitll~da)· of August"~'854"and;'made and enteTed into between .the predecessors: in title of the -Company'ana Dame Elizabeth Carew and Sir Walter Palk Carew Baronet:' (· .~. The Widenings on the northern side thereof of' the ,following bridges In ·the ~city and'county .of ihe city of B~tol{thatis to say): , ' '(a) 'The bridges in thepariahof SaintPhilip and Saint Jacob Wit4out.which carrythe railway of the CompanyoverAvon 10 'Street Barton Road or Cook's Lane and 'Kilbon Stre~t 'Bristol and -the' 'height and span of such widenings .respectively shall not be less than the height and.. span of the existing bridges aver the said .roads, .Provided ~ways that the Company shall not without the' consent mwriting 1:5' of the Midland 'Railway Company first had .and. obtained enter upon take or use thelands numbered on the.deposited plans 1 in the said Parish of Saint.Philip and-Baint Jacob Without: ' o (b) :The bridge in the parishes''of Temple .and Saint Philip and 20 Saint Jacob Withou~'which carriesthe !ailway'of'the Com pany·overthe' Floating Harbour Bristol.ator nearthe north easternend.of the' Bristol joint station and the height and span ~'such wideningshall not belessthan the height and spa~.~ the existing bridge over the said harbenr. Provided 25 always that the Company shall not without the consent in writing '0£ the Midland Railway Company first had and' . -obtained en~r upon 'take or usethe lands 'numbered' on the . deposited plansI in :f;he said, Parish '0£ Saint phiiip and '. "Saint Jacob \\l.ithont. 3.0 '.t{ailways to be .5..-1'he railways shall for all purposes includingthedemand . part of COll1- . pany's under ing and recovering .of tolls and charges be deemed to be part of .taking. . the Company's railwBiysprovided .always that the .tolls rates and charges ·tq .be demanded .and recovered ill respect '0£ .~the~railways and the traffic thereon shall not exceed asiollows;':-With~Espectto :35 ~andcharg,es railways Nos 1 2 .and ·3 the I tolla rates pre scribed by the .Bristol and Exeter Railway Act 1863... 'With respect to' .the bridge widenings 'tlle tolls rates and charges pre- ,scribed by 'the Gl ~at WAsiern Railw ry A~endtr1,~nt,:'andExtension8 9 Act 1847. Wi~h: respect to the wideningsof the Company's South Devoll Railway the tolls\rates and charges ,prescribed by the Ac:t (local and personal).7 arid 8 Victoria ohapterIxviii intit.uled " An Act for .making a railway from "Exete! to. Plymouth to -be. called the _5 South Devon Railway." r 6.-r he Company may make the arches of the bridges £01' Height and span. carrymg the Railways over the roads next hereinafter mentioned of of bridges, an)" heights and spans not less than the heights and spans hereinafter mentioned in .connection therewith respectively (that 10 is to say): Number on deposited Parish. Description of Road.' Height, Span. Plans. Railway No.' 2~ 9 FT. INS. nr. INS. 18 :l' SaintPhilipanclSaint,1 Street ·15 0' 30 0 24 J acob Without. s: 25 36 I. Ditto . Street 15 0 30 · 0 (when completed) I Widening (a)- of'..the Company's .South . Devon Rail'Yay. 16' Plumpton Saint.Mary Public Road 14 4 15 0 15 Cornwood Ditto ~5 0 15 0 40 Ditto Ditto 14 3 15 0 42 Ugborough Ditto 10 O. 12 0 56,} Ditto Ditt0 15 0, 15 0 60a 67 Ditto Ditto 13 0 15 0 G8 Ditto Ditto 13 O. 15 "0 81 Ditto Ditto 21 0 85 } 149 Ditto Ditto 11 6 15 '0 ?;o 21 South Brent Ditto 13 6 r 15 0 ~- .",.... 37 Ditto Ditto 15 0 12 0 38 } 76" Ditto Ditto "12 6 12 0 101 Ditto Ditto '13 o ' 12 0 18 Rattery 0, Ditto 25 0 f1 10 Widtbs of certain 7,-fl'he Company may, make ,the roadways over the bridges by roadways. whichthe .folloWing roadswill be carried-over the 'Railway of such width between the fences thereof as the Company thinkfit not being less than the respective widths hereinafter mentioned in connection therewith respectively (that is ttl say); 5·· Number Description deposited on .Parish. of Width of Roadway. Plans. Roadway. Wid~ning (a) of the Company's South Devon Railway. FEET. INCHES :J4 . Comwood Public Road 14 0 ~-=l. 52 Ditto Ditto 15 0 62 63 Dittp Public. Ro~ds 15 0 14 .Harford Public Road 15 0 17 \ 29 • Ugborough Public Roads 15 0 117 ~ tn"" 1.0' I 51 South Brent Public Road 15 0 57 Ditto Ditto 20 0 . 91, ~3 Ditto Ditto 15 0 Power to divert 8.-1.'ho Company. may divert the public highways referred roads as shown on deposited to in the next .following table in the manner shown upon the Plans. deposited plans and sections and when and a~ in each case the new portion or allY road IS made to, the satisfaction of the Justices and is . 0 Great Western Rail'lvay .Act 1888. 11 ~·open for public use l11ay stop IIp and cause to' be discontinued. as a ~~road so much of the existing road as will be rendered unnecessary hy the new portion of road (that is t~ say) : . Number of Railway. ·Parish. Road on deposited Plans. -Widening (a) of the Company's South Brent 16. 18 South Devon Railway Ditto Rattery 8. 14 And when and so soon as each of the said, roads is so stopped ..f> up all rights: of way over the same .. shall cease and the COlnpany , filay subject to the provisions of .the Railways Olauses Consolidation Act 1845 with respect to mines lying under or near to the railway appropriate and use for the purposes of their.undertaking the site of the road, stopped up as far as the sarno is bounded on both sides by --]0 lands of the Company. 9.-For the protection of the Mayor Aldermen and' Burgesses Forthe protection. of the City' 0f B·ristoI ('In t hiIS S'cction caII e d't ' 11e .. Corporationion ") tionof theof Bristol.Corpora- the following provisions shall have effect that is to say:- ~ '1. The OOlllPUI1Y shall make the bridge to carry Bath Road oyer 'Railway (No, 2) 50 feet wide in the clear and the Corporation may at their own' cost widen the road over the same and. the Company shall lower the sewer in the road under the said Railway (No.2): ,""..... ~, Beforethe Company proceed with the construction of the -:.20 Bridge 'to carry 'R:ailway (No, 2) .over the River Avon 'Bristol they 'shall give at least Forty-two days' notice .in writing to the Corporation that they intend to do so and. -should the Corporation so desire and deliver to the Company written notice to that effect within the said period 12 Great Western Railzvay Act 188~. of Forty-two. days the Oompany shall construct ~t the cost and expense in all respects of the Corporation a footbridge' 6 feet, ill width on or springing f1"0111 the southern sid~ of the said bridge and the Corporation shall 'before the works for the construction of the footbridge are commenced 5· I undertake under their Common Seal within one month 'after the completion or the works to be constructed by the .Company for the Corpuration under this Sub-section to IJay to the Company the amount of the additional cost which tIle Company may incur in constructing the works for the lO~ footbridge and the footbridge and all costs and charges of and incidental thereto Should the Corporation fail to enter into such undertaking the Company shall not be l"eCluired to construct the said footbridge ~ hould the' Oorpo ration desire the construction of the footbridge and comply 15-· with the abovoprovisions the Company shall grant to the Corporation an easement or rig-ht of way for the footbridge passing over their land between the retaining walls"of the premises known as 'Avon Cliff House Avon Villa and ~ Bath Villa and the River Avon: - , . . . 3.' From. and after the construction of the said footbridge the 20·· Company will £1'0111 time to time as and when required by the Corporation and at their expense repair such footbridge ,: I so far as on the property or the Company and the parapets of the footbridge and the Corporation shall on demand l'epay to the Company the expenses incurred by them in 25. such repairs and in the event of their failing to do so the same sha,]l be recovered against them together with full costs in an)- Court of competent jurisdiction provided always that the Company shall from time to time 'at the expense of t]10 Corporation paint the wood and iron work 3'~ of that portion of the footbridge passing- over the river as and when they paint the other portion of the said bridge : ~. When the Company shall have formed the proposed Bridge , to carry Railway (No.2) overthe lands numbered on the deposited Plans 18 ]9 20 21 22 and 2.3 inthe parish of Saint 35 Philip and Saint Jaeob Without they shall grant to the Cor poration an, easement or right to construct at their own cost n road from tIle Albert Road 'to the road numbered 011 the 13 deposited, plans .18 in the said parish under the said bridge, of such width as' ',the structure of, the bridge will permit and the ,Corporati~Il shall indemnify the Oompany against allY injury resulting to, the said 5 Bridge or the structure thereof from the' use of the said f, road: - -- 5. The Company .shall m~ke the widenings of tho bridges which carry the Railway of the Company over Avon Street and Barton Road or Cook's Lane of a span of not I () less than Thirty feet : 6. ' The Company shall construct and maintain all bridges where they cross. any public footpath so as 'to prevent the dropping of water on the footway beneath : 7. Before the Company begin theconstruction of the bridges to 15 carry Railway {No, 2) over the River Avonand under Bath Road .or the widening of the bridges 'over Avon Street Barton Road Cook's Lane or Kilbon Street or of the ~d~ning of the bridge which car~ies the Railway of 'tIle Oompany overthe Floating Harbour they shall deliver 20 'to the Corporation plans and drawings of SL1Cll' bridges or widenings and also of the temporary WOI'}rs including staging and scaffolding required for the construction of such bridges or widenings and shallnot proceed with the con struction thereof until the said plans and drawings shall have 25 been approved in'writingby the Engineer for thetime being of the Corporation or in the event of his failure' for 'I'hirty days afterthe delivery of the plans and. drawingsto app.rovo- -the same until the same shall have been approved by an. Engineer to be appointedon the application of the Com 30 pany by the President for the time being of the Institution of Civil Engineers in London and all the intended works. shall be executed by the Company at their sole expense ill all things according to suchapproved plans and drawings .and to the reasonable satisfaction of the said Engineer for the time being of the Corporation or "in case of differertco to the' reasonable satisfaction of an Engineer to be appointed by the said President ~ 8. If uny difference arise between the Company and tho Cor poration touching any of the foregoing .raattcra such, n 14 Gre~t, ~ We~tel'n. '~ail'lo(ty: Act. 1888. , difference shall be determined UIiles~ 'othe;wise" agreed on by an Engineer to be appointed by the said President on 'J the application of either iof the parties ill difference and ~ the costs of the arbitration shall be borne as the Arbitrator. . . shall dir,ct. 5 Forthep!otection ~For the protection of the Bristol United Gas Light of the Bristol .•-10 United Gas Light -Company (in this Section called '~tIle Gas Company") the following Company? • '. .' , ,.'. , . prOVIsIons shall have effect tthat isto say)-' . ~ 1. Every work which,will ill any ,yay interfere with or affect any main or pipe of the. Gas: Company or any 'private 10 -, service pipe of any person supplied with' gas 1?y the Gas Company shall be executed u~der the superintendence and ' to the reasonable satisfaction (so far 3,S it may interfere with or affect any such main pipe or private service-pipe) 1,- : of the Engineer to the Ga~ Company: 15 2. The .Engineer .to th,~ . Gas. Company .shall if the Gas Company 'so think fit' have the exclusive direction and "management of and Inay at the reasonable cost ill all \" things of the Company execute all SUCll works as may be . .reasonably necessary for the removing raising sinking or 20 . otherwise altering'the position of and restoring, any mains or pipes of the Gas Company' or of any private service-pipe of any person supplied with .gas by tho.Gas Company .. - which' it l]lay be necessaryto .remove raise sink alter or .restore by reason of the execution by tIle Company 25 of 'any of. the powers of this Act' and for .preventing any interruption to, the supply of gas :by the Gas Company : 3. All costs charges and expenses reasonably incurred by the , Gas CompanY'or -their Engineer under the provisions of 30, . 'this .Act including the .costs charges and expenses of and in relation to the superintendence necessarily. required of allY works of the Company under 'the provisions of this' 'Act in that behalf shall 'be "paid by the' Company to the Gas Company on .demand a~d in case 'of default may be 35 .reeovered by the (~as Company in a'ly Uourt of competent jurisdiction.: .' '1 Great Western Railway Act 1888. 15 . 4. if any diff~rence arise between the Company and the Gas Oompany touching this section 01~ anything to be done or not to be done or any lnoneys to be paid thereunder such difference' shall be determined by an. Engineer 'to be 'appointed (unless otherwise agreed 'OIl between the parties) on the 'application cf either party by the Presid-ent for the time being. of the Institution 'of Civil Engineers and subject as aforesaid the provisions, of the Railways Clauses Consolidation Act 1845 with respect to the settlement of ).0 disputes b)? arbitration shall extend and. apply to the determination of S11Cll difference. ·1'1.- For the protection. of the Bristol Waterworks Oompany For the protection of the Bristol in this Section called "the 'Water Company ") the following Waterworks provisions shall have effect '(that is to say)-, Company , ' I • Tlf) 'I. Every work which will in allY way interfere with or affect any .main or pi!Je ,of the 'Vater· Company or any private service;:pipe of ,any perdon supplied with water by the Water Company.shall be executed in accordance with a .! 1\., . plan and sectiou j showing the nature of the wOl'k proposed) to be submitted to the Water Company for their approval not less than ten days previous to the commencement of ., such work and shall be executed under the superintendence and to .tIl,e.reasonable satisfaction (so far as it may interfere , with or affect such main pipe or private servicepipe) of the Engineer to the Water COlTIIJallY : . II , .~. ~2. Th~ Engineer to tha Water Company shall if the .'Vater Company so think fit 'have the exclusive direction and management of and 'may at the' reasonable cost in all things of the Company execute all such works as may be ~30 reasonably necessary for the diversion- removing raising re-fixing sinking or otherwise ,altering the position of and restoring ,any mainscr pipes valves, or other machinery of the Water Company or of any private service pipe of any person supplied with .water by the 'Vater Com pal~,Y which, it nlay be necessary to remove-raise sink alter orrestore by reason of the execution by the Company of' allY of the .powers of this Act 'and for preventing any interruption to'.the -supply of water, by the Water Company: 16 flJ·eat 1Yestern .R{til~v(ty -.Act 1888...... ",' .1' ..,., '.: .t'. . ·"·h.; 3. :AII costs charges and expenses reasonably incurred ~iY the 'Vater Company or their.Engineer under the provisions of this Act- including tho 'costs charges and expenses of and in relation ~o the superintendence necessarily required of any .: works of the Company under the provisions 'of this Act in \5· . that behalf shall be paid ))y the' Compan)'" to ,~he Wafer Company on demand and ill case of default may be recovered by' the -r.Vater Company in allY Oourt of com potent jurisdiction: , 4. If any difference arise between the Com pany and.the Water lO· , . Company touching this section or anything to be done or not to be dOll~' or any moneys to be paid thereunder such difference shall be determined by an Engineer. ·t~ be appointed (unless otherwise agreed on between the parties) on the application' of either party by the President for the 15 time being-of 'the Institution of Civil Engineers and subject. as aforesaid the provisions of the Railways Clauses Con- 'solidation Act 1845 with respect to the settlement of disputes by arbitration shall extend and \ arJply to the determination of .such difference.· 20" For the protection ., 12.-1"he following provisions for the protection of the Bristol of the Bristol Tramways and 1.'ramway'8 ande-arrlage Company L-IIDIte - d (-In .t hiIS' section -.ca II e d Oarriage Compnny . ·Linlit~d. '" tlne Tramways,. -Company. ") sah II be observea andcarrie - dInto - effect (that is to say) : · 1...All works under or affecting any of the Tramways of the 25~ Tramways Company shall be executed at the expense of the Company under the superintendenee and to the reason- . able satisfaction of the Engineer or other officer of the ,'l'19amways Company appointed for the pUr!lOse: 2. "I'he Company 8I13.]} from time to time be responsible for 30· " and make good to the Tramways Company all costs losses damages and expenses from time to rtime 'occasioned to. 'that Company 'or allY of their Tramways from the obstruc tion of the traffic thereon and from any damage to the works rolling stock and horses of the Tramways' COllillanY35, arising in ·the execution repair or maintenance or from the failure of filly of the works bythis Act authorised or from qrcat. lVcsfern Ra'll2oay Act 18S~~ R11Y act or omission of the Company and tho Company sIl~nlIcffec~ually indemnify -arrd hold ]18.r1'11108S the '!'ram ways Company from all claims and demands upon or against them py l'caS911 of any such execution repair main tenance failure act or omission : 3. If and as often 'as the Company take up or remove or' interfere with any part of any street or road whi6h the 'I'ramways Company are liable' to maintain 01:' repair the Company shall with all convenient speed at their own cost 10 restore and make good .such parts of streets or roads so: taken up removed or interfered with and any .Tramway or Tramways laid down' thereon to as good a condition as that in which they w~r~ before the worksof the, Company were commenced and shall from ti~~ to time remove and. 15 clear away all, paving or metalling and other material rendered superfluous by their works 01' operations and the .Company shall-fer the period of Tlll~ee months after tho restoration of any such part of any streets' or roads so interfered with ]{eep and maintain the same in good repair 20 and condition to the reasonable satisfaction in all respects of the Engineer of. the Tramways C0111pan}? but at their own costs provided that if the Company shall i.>,il from time to time within fourteen days from the receipt of notice in writing from the Tramways Company under tho band of their Secretary t~. comply with tho foregoing . obligations the Tramways Oompany nluy themselves but at the cost in all things of tho 'Colupany execute all works " necessary therefor : 4. if a]l~Y· difference or dispute shall arise between tile Engineer 30 of' the Company and tho Engineer of the Tramways . Company as to the execution of tho works to be done b)p the Company under the powers and provisions of this Act the same shall be from fime to time referred to and settled by an Bllgille~r to be agreed upon between the. Company 35 and tho Tramways Company or failing- such agreement to beappointed on the application' of either the Company 01' the Tramways Company by the .President for th.e time being of the Institution 'of 0ivi} Engineers and the costs of such arbitration shall be in the discretion of the Arbitrator. E 18 Great JVestern Rail'llJay Act 1888. For the protection 13.-}'or of of the Avonballk the protection Herbert 'I'homas and Charles 'I'homas Brick and Tile owners of land situate at Saint Philip's Marsh in the Parish or Saint . Company. Philip and Saint -Iacob Without in the City and County of Bristol and carrying 011 business thereon or on some part thereof- under the firm. and style of the.Avonbank Brick and ~rile Company or other 5 the .~~:p.ers aud occupiers for the time being of the said lands (all of whom are in this Section hereinafter referred to as or intended in the expression "'tIle Avonbank Company") the following provisions shall appl)T- 1. The Company shall on the land to be ~cquired by them for 10 the 11U11)(Ises of Railway No. 2 by this' Act authorised when required by the Avonbank Company lay ·down and. construct at their own expense between the points A and B on the Plan marked A (signed in duplicate by the Chairman of Committees of the House of Lords 15 to whom the Bill for this Act was referred} copies of which Plan have b.eon· deposited in the Parliament Office of the House of Lords and. in the Private Bill Office of the House of Commons and a point six feet from the outer rail' of their main . running Iine such 20 . points rails and crossings as ~ay be necessary to enable .- the Avonbank Company subject to the statutory provisions for tIle time beingin force relating to Junctions and to the usual conditions on which the Company allow Junctions to be formed with their Railway so far as they are not 25 inconsistent with this section to form and work a Junction between Railway N o~ 2 hy this Act authorised and a siding to be constructed by the Avonbank Company within ten )Y~a~s from the passing of this. Act: Provided that if the signals' and points controlling such Junctioll can within ·30 the rules for the time being in force b}T the Board of Trade be brought into a signal box worked by the Oompany no .charge shall .be made to the Avonbank Company for working the points and signals controlling SUCll Junction : 35 2. ThQ rates to be charged by the Company for traffic to or from tIle said Junction shall be the same as. those charged for similar traffic to and from Bristol and the same places .. and carried'under similar circumstances and conditions as for example between Bristol and Swindon or Bristol and 40 Taunton ~ Great Western Rai~way Act 1888~ 19 3. The Company shall purchase the whole of the property marked (0) delineated and coloured red 011 the before mentioned plan and which land is situate at Saint Philip's 1\larsll in the said Parish of Saint Philip and Saint JacolJ Without except a strip ·0£ land 30 feet in width along the whole eastern side of that property and from such strip of land shall form and completely finish a good and sufficiently steined road 15 feet in width alongside of the Railway for a distance of 100 yards eastward to meet. the land of the 10 said Avonbank Company: 4. The Company shall over the strip of land 30-£eet ill width referred to in sub-section 3 where the Railway crosses the the same construct the Railway with a bridge or arch of the clear width or span of 30 feet and with a clear head 15 way of not less than 16 feet throughout : 5. 'I'he Company shall purchase in addition to the land they .. lnay require for tho construction of the Railway so much t-4 of the property numbered on the deposited plans l ill the said Parish of Saint Philip and Saint Jacob Without as :20 would be situate south-eastward of the Iiailway No.3. 14. For the protection of the Local Board for the District ofDaw- For the protection lish (herein-afterreferred to as tbe Dawlish Local Board) the following L~~~ifo~';J~sh provisions shall apply with respect to the widening (A) of the COlTI- pany's South Devon Railway ill the rparish of Dawlish (that is to "25 say)- 1. Any new or additional line of rails which Inay hereafter be laid down by the Company between the Colonnade and. a point near rho steps under the Railway near the western end of the parade shall be on the seaward side of the ~'30 existing railway and SUCll new or additional line of rails shall be on the same level as the rails now in existence : 2. :No parapet walls buildi11gS or works of any kind other than Telegraph posts signals and works connected therewith not being in the nature of buildings shall be constructed by ,the Company between the existing Station and the f;l' Kennaway Tunnel -which shall obstruct or impede tho view to the south or east from the parade or from the adjacent carriage, drive or from the houses which now 20 Great Western R~il'lf)fJ,U Act· 18SS. possess and enjoy such view except that the Company ma)r erect a new parapet' wall not exceeding two feetsix inches . ill height above the level of the existing rails : 3. Except with the consent of the Dawlish Local Board or " other the Owners for the time being. of the lands -numbered ~ ·011 the deposited Plans 9' and 10 in the parish of Dawlish the Company shall not take 'enter upon or use' any of the said .lands otherwise than in accordance with the reser vations and exceptions and upon the terms and conditions contained in a certain Indenture dated the 22nd day of I o~ l\Iay 1849 and made and entered into between the . predecessors in title of the Company and George' Hennett : 4. The Company shall Dot .curtail or diminish the access to the Reach at Dawlish c~isting1 at. the time of the. passing of .this Act by the Subways .and Footbridge shewn on the 15~ deposited Plans and numbered thereon 2 4 and 7" in the Parish of Dawlish but the Company may extend the ., , Subways and Footbridge so far as IDay be necessary for the works by this Act authorised: 5. Except as otherwise provided by the said Indenture dated 20 the 22nd May 1849 the Company shall not without the consent of the' DawlishLocal Board permanently stop, up divert or alter any footpath which 110W belongs to or is under the, control or management of the Dawlish Local Board which 110W p~sses over under or by. the side of or 2~ across the Railway : - 6. 1£ in "the execution of the intended works the' Company shall desire temporarily to alter the position of any of the , steps or footpaths leading from the parade to the' pleasure- , , ground known us'Lea.Mount or leading from such' footpaths 30 along the face of the Cliff to the Men's bathing' beach or ' , any ~f the retaining walls and other works and conveniences provided by the Dawlish .Local Board for the use or .protection of the public (except as provided by the said Indenture dated 22nd l\Iay.1849) ,such alteration shall 35- , be made in accordance with .Plans to be previously approved in writing .by the. Dawlish LocaJ,~~af.d ,oJ:;· ill the event of their failure to signify their approval thereof within Fourteen days after the delivery of the Plans in ! .' . accordance with Plans approved' by an Engineer to be' appointed on the application of theCompanyby the Board '. of 'I'rade of which application ·the Company shall give not less than seven days' notice to the Dawlish Local ~oa~'d t6 .. aud when altered the said .steps footpaths retaining.walls works and conveniences shall at the cost in all tl-ings of the Company be properly reconstructed and replaced, by the 'Cotitp~~~y in such· positions and in such', form as may have .J been determined as aforesaid: ".. . ., . . l~O -7. The Company shallnot either permanentlye . or for temporary purpo~es(other than inthe event'of a slip or other accident). take or.use any portion of the Mari~e.far~p.e and iJ1. rS}lcl}. '. • .• • . • r eventthe Company shallwith all convenient 'speed reinstate the ~fa'rine Parade to the state in which it was previous .to. 16 such slip or accident .: '. , . . , l . 8. The'footpath mentioned in' the Agreeme~t between. the . . Dawlish Local Board .and the .So~thDevon'·,R:l1i1.waY Company.dated the 28th July 1876. shall be. constructed • v 1-.:. ~t the .same ,time as .or during the construction of the Worb or any part thereof. delineated o~. the deposit~d. Plans'and atea(~h end of such footpath steps .or a ramp shall be provided so that there may' be a' convenient access from the said path to the adjacent beach': ' 25 9. Before the Works are commenced tho Company and the Dawlish Local Board shallagree 'and place boundary stones or other marks to indicate the Line of the existing Works " of the Company from which the distances -referred to in section 21 of the South Devon Railway Act 1851 and 30 section 25 of the South Devon Railway Act ]872 shall be ..measured : . 10~ TheCompany shall within Twelve months from thepassing of this .Act remove the- existing fence between the Parade aud the ,Tunn~l ~nd substitute for it an ornamental east .iron 35 fencejiot Iess than four .feet high and of such a pattern as ~.' ',i .. ;. win not'~bstruct'theview of the beach and sea. I:: 16.lt~The £uFthe;r.quantity of, land. to .be ..taken -py the, 'Com- Lands for extra- ,'. •pany £.'01' .fhe extraordinary. purposes mentioned in the Railwa;pi ordinary purposes Glauses. Consolidation ~c~ 1!$·4.:~, shall not .exceed four acres. Period for com pletion of new l6.-If the new railwayserenot completed withinfive years railways. fro 11 the passing ot "this. Act then on: the expiration of that period the powers. by this Act granted to the' Company for making and completing the 'new railways or otherwise in .relation thereto shall cease to be exercised except-as to so -much thereof·as, is then 0' completed, ~ {. Imposing penaltf . unless new rail- 17.-If ,the Company fail ,within:the period .limited by this , ways opened, Act to' complete the new rai~ways~ the Company.shall be.liable to a ,penalty of:fifty pounds a day for every day after the expiration of the period'so limited until the uncompleted railwRy or railways-is O~ to are' completed and openedforpublic traffic or until the snm received in' respect ot such 'penalty shall amountto five per '~centum on the estimated cost oI' the uncompleted railway or railways 'whichever shall first' happen : The said penalty may be applied for by any landowner or .other 15 person claiming' to' be compensated in respect 'of ·:the 'rail~y or railways in' reference 'to which the penalty .has been incurred in accordance with the provisions of the next followingsection of this Act or by the Solicitor to Her Majesty's Treasury and in the same manner as the penaltyprovidedkin section'three' or 'the Railway and ZO Canal Traffic Act' 1854, : Every sum iof money', recovered by way of. suoh. penalty 8S aforesaid shall be paid under, the .warrant· or order of such court or judge as is .specified in .tha~ section to an account opened or' to be opened in'the' name of thePaymaster-General for and'on behalf of 25 the Supreme Court of' Judicature in England in the bank and to the credit specified in such warrant or order and: shall riot be paid there- ~ut except as hereinafter provided':. ' ". , v . But no penalty shall accrue in respect of .any,~ time during which it shall appear by a certificate to be obtained from the Board 30 of Trade- that the Company was prevented :£toni· completing or ~ opening the uncompleted" railway or railways by'unforeseen accident or circumstances beyond their control' ~ Provided tHat want of sufficient funds' shall Dot, be held to .be a' circumstance beyond their ' control. ' . .' -, . " 35 Application'of lS.,--:-Every sumof money soreeovered by way 'af petmIty as Penalty. . aforesaid shall be' applicable and ~£ter, due 'notice ill the: LOU'••. Gs~~ette shall 'be .appliedtowards-cempensating- ,any ~ Jando'wnerSJ .orf' {}reat West6m Rml1iJay" A.ct 1·888. other persons' whose', property may· have .been I interfered with or otherwise: rendered less valuable by the commencement consrruetion . or abandontneut of therailway or railways in respect of which the penalty"has been. incurred or any portion thereof or who may have !i ll~en subjected to injury or loss in 'consequence 'of. the compulsory powers of takitlg .property conferred upon the Company' 'by·"t~-lis Act and" for-which .injury or less no compensation or inadequate compensation shall have beell paid and shall be distributed in sat.i·g faction of such compensation as aforesaid in such manner and in SUCll to proportions as to the High Court of Justice in England may seem fit : If no such compensation shall be .payable or if ·a portion of the sum. or sums of money so-recovered by wav of penalty as aforesaid shall have been found sufficient, to satisfy' all just claims' in respect of SUCll compensation then.thesaidsum orsumsofmoney recovered, 15 by way of penalty or such portion thereof as may not be required as aforesaid shalleither be forfeited to. Her Majesty and accordingly 'be paid to or' for the account of Her l\;[ajest.y's Exchequer in such manner', as the Court thinks fit to order on the. application of the Solicitor to Her Ma.jesty's Treasury and shall be carried to and 20 form.part of the Consolid q,ted. Fund of the United Kingdom or in the· discretion of th~ Oourt if the Company is insolvent arid has been ordered to be wound up or a receiver has been 'appointed ~h3,11 wholly' .or .in· part 'bp paid to such receiver or to the liquidator or liquidators of the Company or beotherwise applied' as part of the -25 assets of the. Company. for the.benefit of the creditors thereof-. \.', '!'he construction and .maintellan~e of the. railway at Sanctioning.con- . 19.-- '. " '. ~ ; .. structed RaIl \\'ay Bamstaple as shown upon the deposited plans .and sections relating at Barnstaple. thereto which railway commences in the parish of Barnstaple in the coimtyof Devon by a junction with the Devon and Somerset -80 Ri~way and terminates in the parish of Bishop;s, 'I'awton by a junction with the, railway No. 1 authorised by the .Great Western .R~ilway Act ~.88.5 is hereby sanctioned and the said railway 'shalI be deemed to have been .lawfullv constructed .and shall for the purposesof .tolls rates and charges alwldfor 'all o~h~~·pnrposes whar- .85 soeverbedeemed to be part of the said railway No.: 1 and to have been constructed under the po·wers' of the said ...~ct·. ; .. -20.~,Subject·tothe thisActthe-Company Power to make . . ..'provisions of .., in tile now roads alte- -lines and.accordingto the levels shown,upon, the-deposited plans and rations of roads . footpaths &c. .Gr6a~ Wes~rn Rai~wa,!/ At;t 1888. sections relating.thereto may make the new Roadsand alterations ·ofroads and bridgesand other works and may make the new,footpaths and lllay stop u:p .and discontinue the portions of roads and footpaths and exercise the other powers hereinafter mentioned andmay enter ,upon,take and use such of the lands delineated .on the deposited ~ f)' plans jhereof and described .in the deposited books of ..reference relating thereto as may, be required: for ,those 'purpo~es (that.is. to 8ay):~ , . '. 'I'hey ~a,y lengthen OJ;! the southern side thereof fO:';R distance . of about fifteen yards the bridge which 'carries Wind~or .io Road in the parishes of Saint Mary the Virgin Cardiff and Roath in,the county of Glamorgan over the' railway ofthe ,Company and if' necessary may alter and extend the approaches thereto on the said south side'; ." They mii.Y lengthen on the east side thereof for adiFta~ce of 1& . . aboutfi.fteen yards the bridge which carries the footway leading from Tyndnll Street to Windsor Ro~d Cardiff in the pa~sh of Saint" Maryth~ Virgin ~ardiff .in the C~UI).ty of Glamorgan "oyer the railway of 'the Company and may alter and extend the approach to the" said .l~~dge ~n the"east side 20 thereof; .' ..' The)~ may stop up and, discontinue the portions of roads and footpaths hereinafter described (that is to say) : , . . ." . ,1.' So much of the public footpath in the parishof Clewer in the' county of Berks as lies between a point about four- 25 and-a-half chains measur~d: in ~ north-westerly direction from the western end of Bridgewater Terrace' and the point where the said footpath crosses the public road which . passes under the railway of' the Company near to the north western end-of their Windsor station and in 'lieu thereof 3() rna)'" make and maintain a new footpath wholly in the said parish (if Clewer between the said first-mentioned point and the said road opposite 10 Bridgewater Terrace :'. .2. 89 JIlJIch of the public :footpath in the parish of Sajnt Mary Readingin the.county. of Berks which leads from .Reading 35 to Southcot and passes over the Company's railway about two chains southward of the.post thereon indicating thirty" seven and three-quarter . miles from London as lies " e ~ between the commencement and termination 'of"the new .J ..' ••• •• i.\t· footpath.hereinafter describedand in lieu thereof they may ,'... .make and maintain-a new footpath to be carried .under the said railway and to be situate wholly in the said- parish of Saint Ma:ry ,~e~ding to .eommence bya junction with the , said first-mentioned, public footpath at or near the, eastern end ott the ffoo~q~jllge,car:nyi~g;tthe said.fQotpatb' .over the .railway .and to-terminate .bya.junction .with the", existing 'io 3. So much as lies between the boundarie~ of !th~ Company's prop~rty; of !t4.e :ro,~~ ~nithe, parish ,0£' Shrivenhamdn the ~,e.l~~s! wI¥c~. f .county of crosses .the COlU]>.any',sr.railwayon 15 ::. ,. ,. the level three-fourthsofa chain 1,Qr~ thereabouts 'westward .' '. '0£ thepost .on thesaid railwayindicating seventy-one and a-half miles from 'London and io.,·.litlq .thereof they ma.~y make and maintain a new road 'not Jess, than, .tw~~ty·:five feet in 'width wholly in the said parish to commence by a junctionwith 'the existing road aboutithreechains north ward of the said railway aml to ~erminate :by~. a: junction .. ".·with the said existing road about five' chains' southward ,',.of such-railway: ,~: ", i ",',' .. f . . . .: 4.' So much of ·the road in 'tbe 'parish of Fordington in the 25 . county of Dorset which runs parallel.with the eastern side , . of the station 'yard of tho Company -as extends Irom the 'Weymouth Road to a point' on the Maumb'~ry Road about seven and ~~half chains northward of the junction of the road so to be stopped up .with the Weymouth Road and i~ ~. .30 Iieu thereof they may make' and maintain a new road not '. less than thirty feet' in'.width wholly in the said parish .." commencing by .a junction 'with the'w,·ymouth Road 'I;' ': 'about: two' and' a-half chains ~orth-east~ardof the eastern .'. 'side of .the bridge carrying that road o'ver the .Company's . -.. '.l:ailViray .. and terminating by a, junetionwiththeMaumbury i: ,i~~ .: .Road aboutthreeichains northward, of the northern side' ~:.:. .,pf the southernentrance to the -saidatation yard:., '5.; So "mhch. as lies within the ,'hound4ries of ·ta~,. Company's . property' 'of the public footpath in' the parish of ,6 . , ,26 .(heat Western Railway Act 1888. Bathwick. in the city of Bath inthe ·COU:Q.ty, of Somerset 'which'crosses the Company's railway-on the level about four , chains westward of the post thereon indicating one hundred and: five and three-quarter miles from London ~ and in lieu ~. "there()f:they-~aymake and maintain, a new footpath over the () said railway at or near the site of the said levelcrossing such footpath to commence by a junction with the existing , footpath about one chain westward of the centre of the railway at the 'said level crossing and to terminate by a junction with such footpath about four "chains eastward. of lO the same point and to 'be situate wholly in the said parish of Bathwick : ,6.: So much of the road called S'cl1001 Lane in the parish of Cheltenham in the county' of Gloucesterasextends for a distance or about. one' chain measured in a northerly 1& direction fromthe barrier across the said road and which adjoins the approach to. the arrival platform of' the Com pany's Station at Cheltenham: . ,7..So much as lies between the boundaries of the Company's property of the footpaths in the parish of Taunton 'Saint ~(}r James itl the eountveI of' Somerset' one of which crosses the Company's railway on the Jevel at or near the post on the said railway indicating one hundred and sixty-three miles from London and the other extends from the said footpath and runs parallel with t,Le. said railway for a distance of 25 about, seven .chains measured along the. said. railway in, a south-easterly direction and in lieu thereof they .may make and maintain a, .!lew. footpath wholly in the said parish to commence by a junction with the existing .iootpath about one and a-half chains northward or the said railway 30 and about seven chains south-eastward of the said post and to 'terminate by a junction with the Kingston Road about .. three'and a-half chains north-eastward of such railway: 8. So much as lies between the boundaries of the Company's property' of the footpath .in ,the parish of Plympton 35 Saint Mary in thecounty of Devon which 'crosses the Com parry's railwayon the level about twenty-six chains north easnward of the bridge which carries tIle said railway over Great Western Railway Act .1888.' 27 the ;public carriage road from Sparkwell to lIT Bridge, about a quarter of a mile westward of Venton Fa~' and in Iieu thereof they may grant to or confer upon the public a.right -of Wl:t.)T". over the road which extends from the southern end of the said bridge to or near toVenton Farm. ·-·9. So much as lIes between 'the boundaries of the Company's property of the public footpathin the parish of Bassaleg in' the county of Monmouth which crosses the railway of the Company on the level aboutten and a-half chains eastward of l(f the. east end of- the platforms at Tydu Station on the' Com... pany's Monmouthshire (Western' Valleys) Railway q,nd in lieu, thereof. they ~ay divert the said path along the public highway to a point half a chain, or thereabouts north of the bridge carryingthe said highwayoverthe railway at 16 Tydu Station and thence by an existing public footpath in. a north-easterly .directioll: to join the public footpath so in te~ded, to be stopped up at or near a.house called " Werk ". situate about-fourteen .ehainsmeasuring in a north-easterly directio~ ~rom the booking-office at, the said Tydu Station : 2C. 10. S'o'liuell as Ires 'between the boundaries of 'the Company's property of the publicfootpath in the parish of Mynyddi~... .Jwyni in the county. of· Motl~outh which' crosses the "; railway of the Companyon the level at or near the north end of the platforms of the Company's High Level- Station 25 at Crumlin and in" lieu. thereof' they may deviate the same akng the public road underneath the bridge carrying the Company's Taff .Vale Extension Hailway over the 'said. road at a point about eight chains northwards'of the said' station and they may construct a new footpath to be wholly 3t" . situate in the said parish' commencing' ait the said'bridge . and terminating '. by a junction with the existi~g public footpath at a point four' chains or thereabouts southward of- • the booking office at the said Crumlin High Level Station: 11. So'.mueh as lies between theboundaries of the Company's 36 .': property .of the road ill.the parishes of Newcastle an.•I Saint Bride's Mit;lOl~ in the county of Glamorgan which crosses the. Oompany's Yailway on the level at. Felinfaeh about seven 'and a-half chains south of the south e~d ~£ the platform on the Portheawl Branch at. Tondu. 28 Great WeBtern !J,aiiwau Act l8~8f Station and in lieu thereof they may make and maintain a new road. to commence in the parishor Saint Bride's Minor by a junction with-the existingroad about one chain east- . .ward of the' said railway at· the said 'levtll crossing and to terminate in the parish of Newcastle by a junction with 6 the 'existing road about one chain southward of the Bridge carrying the Company's Porthoawl iBranch Railway over ,the public highwayleading from Tondu to Aberkenfig and Bridgend: ·12: So 'much as lies between the boundaries of the Company's 10 I property ~f the road in the 'parish' of ,L(ju~hor in t .. " the county ·of Glamorgan .which crosses the Oompany's railway on the level at ~r near .the north-eastern boundcr-: of the..Elba Steel Works Gowerton and in lieu .thereui they may ins~ead' of the widening. altering 15 and improving of the' road and 'brIdge ill the's'aid Parish \. ; of' Loughor delineated onthe deposited.plans aIid sections make the .new road delineated .. on the plan and section signed by Sir UghtredKay~Shuttieworth .the Chairman of the Committee in the House of Commons to whom the 20 ,~ : Billfor this A~t, was ~~~er~e~, and which ,pl~p. and section '. : - :has been-deposited in the Private Bill (~~ce of the House, Commons' in Office House' of and ~ the Parliament of the . . '. ., ...... - .. . . of Lords and which road will be wholly situate In the ;said Parish of Loughor and'County of Glamorgan. 25 I .. I ~ For the protection " 21.~For the protection' of th.e:M.ayor Aldermen and Burgesses of the Corporation 8f Cardiff. uf the Borough ~f Cardiff (hereinafter .ealled "th~ .Corporation ") the following provisions shall have effect that is 'to, say: . ... ~ . 'I. Before commencing under the powers .of" this Act allY 30 ,alteration 0,£ or interference \l ith a~y street sewer watal pipe or other work under tho jurisdiction or control of·the, Corporatio~.,~l.le~ompariy .shall give ,to the Corporation fourteen days' notice in writing of their intention to commence the same by leaving suchnoticewith the '!'own :l5 Clerk of the said Borough' of Cardiff and the 'Company in .carrying out the sameshall take all reasonable pre .j • eautions and ,do and,' maintain suchweeks :as. ,may be reasonably necessary for pr~yenting' BAy injtqf~" to ... ~~ <; .,6', -:':.- J •• 1 ' ".',. Great We8tern Ra'llwall ~ct 1888. .,"~~', 'property Qr works of .the Corporation and make good all ..: .', ,.d~mage which' may be occasioned thereto: '. ·2.:.'·TheCo~pany shall reconstruct the 'approach to .the Tyndall -.' S~eetFootbridg'e i ' . on the east side thereof to the full width or t~e existing footbridge and approach and so that the inolina- .' , , tion shall notbe steeper than that existing at the passing of- this' Aot and 'in Iengthening' the same the work shall be .carried' out in such a manner that no portion of- Windsor~ _.. ,.". Road.~hall,be taken qr utilised for the purpose 'tllereof : 3. Before the Company proceed to construct the lengthening,' of. the bridge which carries W~dsor Road Cardiff over the Railway of the Company they shall give at least 'three months' notice in writing to the Corporation of their inten tion to do so and the Corporation shall Within three 16 months after the delivery to them of the said notice if they require the Company to widen the existing bridge give notice in writi~g to the Company to that' effect and ,thereupon it shall be referred to the respective Engineers. of the Company and the Corporation and in case of their failing within one month to agree to an Engineer to be nominated, by the Board of Trade on the application of either party to ascertain the cost which would be incurred by the Company in carrying out such 'widening by means 'of cantilevers on each side of the existing bridge such 25 widening not to exceed a clear width between the parapets ~f forty feet and upon theCorporation giving within one month after the amount shall be so ascertained an under- taking to the Company 'under, their Common Seal to pay to, them the amount so ascertained on demand after the' 30 completion and opening for traffic of a widened bridge hut not earlier than three years' from the ·passing of this. Act the Company shall widen the said bridge to a clear " width 'between the parapets 'of forty feet butsubject to the widened bridge being of' sufficient strength' to c~rry a. 35 :fifteen-ton steam roller and to the levels of the surface of the t roadway not being made steeper than at present the Com ,pany· shall be at liberty, to .carry out the workin 4' such manner as they may· think fit: _4. If such notice and Undertaking' as aforesaid be given by the 40 Corporation the Company shall 'construct the lengthened ,.portion of the Windsor- Road Bridge authorised by this R f,<,,:-l~ ~ilt~~<:?: • " :" ~ ~.. { f • • .. I. • \~... \•" , '.... e.. "\. Great Western Railwa.1J· .Act 1~88. 'A~t~f ~~d~li;:~~tr~sP9~J~~t~the;~id~Ji~d,p~~~nbut not 1/ I;,,:,' ,I ,I \ ' • ;, ~' ,. I" • ,. .,:,'!, ., : ,"i __ ,~.J , ~t.tiJ:,. exceeding -forty feet in the 'clear between the .pa:f,~pet" and .:: " ...'." -: "'. ,f.- •••.. ,' • ',", '. ..,.', " i'~',,', .~.'. r.··..;~·:, ,,'.l.: slean(~oller: I of sufficient strength to carrya fifteen-ton ", r ::. ~'f~': <:':', :' ,'. ,':, : ": '_ " ~ ". :.'\ ,,0':: : , . ;:;,1.t~J 5. I~~~ch .notice and undertaking as aforesaid be g~~~ll by the .~'. ,C9rporatioD from .and af~er the.'completion ,q~ 'the works 5'~ ·the.,pPiY responsible ~t tp.etIni.e,·:at",hich·s";?~notice is . ip.,;v~:q. .,fo~ the ~ai#t"eIi1t~;c~.~~, )~e e~~s¥~g ..~ri~i~ and the ~o~~:~y~~ tp~; ~aD1~: ~h~~,:u~~~,ss. ~~h~rvi~,e ~~~.~~ between such party and the Corporation be under the s~~r~.~.~li~pility ~ )": ,with .. regard to themaintenance of the widen~d':B~tdge and 1()~ the Toad over such Brid~e: Provided aI\vayi that the . Corporation shall on demand repay to. such .',~'party the . amount of any additional expense incurred'~y him for \ .maintenance In' consequence of the widening ':': .,' Provided als~ that nothing in this Sub-section .contained, sii~ll in any t'f).· way~alter prejudice or affect the rights or intJf~sts of the .Most, Honorable John Patrick Crichton Stuart _arquess of Bute as owner.or reputed OWner of the soil ~t'the road or , impose any new or additionalliability on himr " 6. The.amount of any expense incurred by the'C.oijioratio:o. in connection wrth the widening of thesaid existingBridge may 20·' I be raised by the creation and issue of Cardi:ff' 'q,?rporation . 'Stock under the Cardiff Corporation Act 188~'r" Provi- . ded that the annual contributions to the Corporation Loans ..':" ~ '.~' ~ . . - .. \ '. - ," Fund, under the said Act £01' payn,ent of 9. All works to be executed by the Company under the- 25 provisions of this section shall (except as in this section . otherwise provided) be executed and maiutained by and ~t.. theexpense of the Company.in accordance with plans and.,,' sections to be reasonably approved of by the Corporation. and to their reasonable satisfacfion : . , 30 10. The provisions of Section 18 to 23 both inclusive .of the Railways Clauses Consolidation Act 1845 shall.extend and. . apply to and in relation to the water mains ..pipes and. .apparatus of the Oorporation .and in construing those Sections for the purposes or' this Act the' expressions. 35 "Water COlnpany" or "Society" when used in those Sections shall mean the Corporation.: 11. If. any''difference or dispute .except as hereinbefore speci fieally ..provided for arise between the Corporation and the Company . touching _this Section or anyth'~ng '-to·, be' done or I Great: WC8~crn Railwag Act, 188~~ ~ any 111011ey to be paid thereunder such difference or dispute " ~hall be determined by an Arbitrator to be agreed upon between the parties or .in default, of agreement to be appointed by the Board of Trade on the application of either party and the costs of and incident to theArbitration 5' shall be borne as he shall direct: 12. TIle 'provisions of this Section shall be in addition to and not in derogation of any other provisions 0.£ this Act or of an:y· public Acts relating to Water Supply or other works which may exist for the protection or benefit of the 10 Corporation Provided that the, Corporation shall not be \ entitled to proceed under more than one enactment with respect to one and the same matter : 13., Save as in this Act expressly provided nothing in this Act shall extend to prejudice diminish alter or take away 15 any of the rights powers and authorities vested in the Oorporation but all such rights powers and .authorities . shall be as valid and effectual as if this Act had not been passed. For the protection 22 .-~:F'or the protection of the Mayor Aldermen and Burgesses 20 of the Reading Urban Sanitary of f,lle Borough of Reading in the County of Berks acting by the Authority Council of the said Borough as the Urban SanitaryAuthoritywithin and. for the District of the said Borough (hereinafter called the Corporation) with respect to the public footpath in thoParish of Saint Mary Reading aforesaid which the Company fire by this Act 25 authorised to stop up and discontinue and with respect to the-new footpath in lieu -thereof which the Company are authorised ·to make and maintain the following provisions shall have effect tliat is to say- L The said new footpath for the whole lengththereof including 30 any part thereof which shall consist of steps or of an incline leading to the 'portion of the said new foot path whicb. will pass under' the bridge carrying the Railway over the Occupation Road numbered 5 on the deposited Plan and Book of Reference shall be .guarded 35 ·by sufficient fences on each sideof the said new footpath which fences so far as the same do not now exist shall be nrovided by the Oompany immediately on the construction i{)t tho said new footpath anti. shall' for ever thereafter be ~ ,,- .Great' Westem. Railw~y ./let 1888, '~3 maintained by 'the Company, The portion of the said . new footpath on the Northern side of -the said· Occupation Road shall be constructed as a raised footway and supported by a stone curb and gutter and shall be constructed four inches above the level of the said Occupation Road and shall at the narrowest part thereof be three feet wide to the outer edge of the curb and the said new footpath shall at every other part thereof be not less than six feet in width: 2. So soon as the said new footnath shall be made it shall 10 'II. • become a public highway or footway repairable by the inhabitants at large: 3. The Company shall make and for ever maintain proper and . sufficient provision for preventing the dropping of water 15 upon. the said Occupation Road and the said new footpath from the said bridge carrying the said Railway over the said Occupation Road: It 4. 'I'he said new footpath and all other works and things to be made executed or done by the Company in 'accordance with the provisions of this section shall be made executed and done by and at the expense of the Company and to the reasonable satisfaction of the Surveyor for the bime being of the Corporation and in the event of diffe~"ence· the same shall be determined by a single Arbitrator to be appointed under the provisions of the Railway Oompanies Arbitration 25 Act 1859 and for the pUJ.:poses of such Arbitration the Corporation shall be 'considered as if they were a Railway Company. 23.-The Company may in constructing the new roads foot- Power to deviate • .••.• In construction of .30 paths and other works by this Ac.t authorised deviate from the lines Ne\v Roads &c. thereof to the extent of the limits of deviation marked on the de- posited plans and ma~y· deviate from the levels of the new roads shown on the deposited sections to any extent not exceeding five feet but not so as to increase the rate of inclination of any new road . -35 as shown on the' said sections. . 24.-Subject to the provisions of the Railways Clauses Consoli- Asto yesti~g of dated Act 1845 WIt· h respect,resoect foto mmesminea.Ivilying under or near to the SIteportionsand 'soilof Roads of . railway the site and soil of the portion~ of roads footpaths and. high- &c. stopped up. .: ,:14 ways stopped up and discontinued under the authoriby of this Act and the fee simple and inheritance thereof shall (except where by this' Act otherwise provided) if the Company are or if and when' under the po~ers of t1118 Act they become the owners of _the lands on both sides thereof be wholly and absolutely vested in the 0001- .'.[) 'pal~Y ..and they may appropriate the same to the purpo~es of their undertaking. Extinguishment , 25.-All rights of ,yay over or along the several reads foot of Rights of "\Vay. paths or, ctber highways or portions thereof which shall under the provisions of.this Act be stopped up and all rights of way over any 10 of tho lands which shall under the compulsory powers or this Act be purchased or acquired shall be and the same are h.ereby extin guished, Roads not to be 26.-No road or footpath or portion of road or footpath which stopped up till New Roads 13 by this Ac~ .authorized to be stopped U}J shall bee so stopped up 15 opened. unless and until the new road footpath or other work (ifall)~) which is by this Act authorized to be substituted therefor is completed to .the satisfaction of two .Justicea and opened. to the public. Provided that the Company shall ·before applying to such Justices for their certificate that such road 'or footpath IS completed ~() to their satisfaction give seven days' notice ill writing of their 'intention to apply for the same to the road ,autllority of the district in which such ~oad or footpath is situate. Provision as to new and be made under Repair of New 27.-'The roads footpaths to the Roads. authority of this Act (except the stone iron or other structure of any 2;; bridge carrying the same over any railway which structure shall be repaired and maintained by and at the expense of the Company) shall unless otherwise agreed or otherwise specially provided by this ...~ct when made and completed respectively fr01TI time to time be repaired and maintained by and at the expens~ of .the parties on 30" whom the expense of maintaining the adjoining portions ofthe same roads and footpaths now devolves. Power to COD1- 28'.--The Company may enter into and Cilrl'Y int 0 effect agree , panyto make .A zreementa as to menta with the parties having the charge management or control of the construction or contribution such roads footpaths or other highways or any of them portions 35 to wards the, cost provi'si~n.g, ~his of NewRoads, whereof shall under the of Act be- stopped up: with reference to ~he' construction or contribution towards the C08t of any new road 'footpath or highway to be substituted therefor and with 0 Grea't Western Railway Act 188g. 35 reference to any other matters,relating ,thereto and if so agreed the Company may delegate to such parties as aforesaid the power of constructing all or any of~uch new roads footpaths or highways in which the:y' may b'e interested. 5 29.-Supject to the provisions of this Act and in addition to Power to Com pany to acquire " the other lands which they a~e, by this Act authorized to acquire the additional lands ~pon for general pur.. Company may from time to time enter take use and appro poses priate for the general purposes of their undertaking and works connected therewith and for providing .increasedaccommodation- ail 10 or any of the lands following delineated on the deposited plans and described in the deposited books of reference respectively relating thereto (that is t,o say) : Certain lands ill the parishes of -Olewer and .New "Windsor ill the County of Berks on thenorthern side of the Company's • 15 Railway and adjoining- thereto, and extending from the northern side of the approach road leading to the Company's 'passenger station at Windsor "fora distance of about thirty chains measured along the railway in a north westerly direction and part of which lauds lie: between 20 the said railwayand tha-road or street called Bridgewater 'Terrace also- 'certain' other .lands in the said- parish of Clewer on the southern side of the Company's railway and .adjoining thereto and extending' from a point about two and a-half chains north-westward -of the Company's goods shed for a distance of about two chains .measured along the said railway in a north-westerly direction: Cer..tain lands in the parish 'of Pangbourne in the county of Berks on the southern side of the Company's.railway and adjoining thereto and extending from a point about two 30 chains eastward of the poston 'the said railway indicating forty-one anda-quarter miles from Paddington for adistance of about six chains measured along the saicl railwayin an easterly direction: . Certain lands in the parish of Saint Philip and Saint Jacob Withollt in the. city and _county of, the city of Bristol 35 on the northem .side o~' the Company's main line of railway and adjacent thereto. and extending from the eastern side of·Avon streetfor a distance ofabout. six chains ~long r measured in an easterlydirection the said railway : .K I .OrMt We8ter1~, Railwall Aot 1888~ Berf-ain landsinthe. parish. oI,.,Wotton. Saint', l\fary In-the city andcounty of. the city. of Gloucester: on ,.. the north-eastern .. side of: the Company's railway and adjacent thereto and extendingfrom a point about threeebains.south-eastward of Northgate Street for a distance of aboutfour chains measured 5 in: a:south-easterly direction along the:' said 'railway : Certain lands in the parish of Cheltenham in the county'of Gloucester on the south-eastern sideo£ 'the Company's l'l~ilwaY'andadj~tce~tAther~toextendingfrom Saint George's Roadfor a-diseance of: about three chains measured in 10 a nortb-easterlydirectiorr along the said railway and cer tain 'other' ,lands in the said" parish of-Cheltenham in the said COUl1ty' of Gloucester on the north-eastern side of the Compamy's.l'lailway\' yard. at tile termination thereof and extending from. School Lane for adistance of'. about one 15 chainmeasured in: a north-weeterly directionalong the said .railway yard: (~cl~tain lands- inthe parish. ofTaunton.Seint.Jamesinthe county of 'Somerset on the 'sol1th-western side' of the ··Gompan:r's railway and adjacent theretocommencing.ata point about 2(' twenty chains from the centre of' Taunton ,Station measured , along that railwayin a south-easterlydirection andextending .for' a distance of about sixteen chainsfrom the last-men o tioned point measured in thesaere.direction: Certain lands in the' parishes of Saint Mary tho Virgil1 Cardiff 25 , and Roath in the county of Glamorgan lying on-the south eastern side of the Company's Bute Docks Branch Railway and adjacent thereto conlmencin:g at a point about five c11~111s measuring in a north-e-asterly direction from the bridge carrying the Windsor Road .over the Company's 30 South Wales Railway and the said .branch railway and extending for a distance of about 'twelve ·chains in a south ,vestol'ly. direction along the said branch railway from the said bridge: Certain lands in the parish of Saint Woollos ,in the 'county of 35 Monmoutll on the eastern side of the Oompany's MOIl" " mouthshire (Eastern Valleys) Railw·ayanq. adjacent to . their Mill Street Goods Station and consisting of three .. cottages and outbuildings situate about twenty-eight yards .to the northward of' the northern end of the platforms at J\fill Street G00ds Station aforesaid. . 4 (}1'eat fVC'stcfin·· R-ail1vay" Act, 1888. 37 ·3'0...- The powers of' this' Act for' the compulsory purchase of Period for COIn· ' :"9 .• . ... •.• pulsorv purchase lands shall not ,be exercised after the expiration of three years from of lands. the passing C'£ this Act. 31.-Persons empowered by the Lauds Clauses Consolidation Power to owners ,.. , .' to grant ease- 5 Act]840 to selland ·COIl.Vey or release Iandsmaysubject to the pro- merits. visions. of that, Act, and of the Lands Clauses Consolidation Acts .Amendment Act 186·0. 'and o£,.t~is. .Actgrant to the Company any easement right or privilege .(not b.eing .an easement of -water) required £~r the purposes ~r under the powers-of this A~t in over or.affecting 10 any such lands and the provisions of the said Acts with respect to lands and relit-charges as far as tlle same are applicable in this behalf shall extend and apply tesuchgranesand to such easements rights and privileges 'as' aforesaid respectively'. 3·2.--And whereas ill the construction by the Company of the Ownersmay be 15 .railwava and works hereinbefore authorised or otherwise len the required to sell .r '.. . ',,' .. ' U to 'Oompany parts . exercise by the Company of -,the,foregoing powers-of this Act it Dlay only of certain . properties. happen that portions only, of .the lands buildings or manufac- tories shown on the deposited plans-will be sufficient for the purposes of, the same and that .such portions may be severed from the -20 .remainder of the said properties without material detriment thereto: 'I'herefore notwithstanding Section 92 of the ; Lands Clauses Consolidation Act 1845 the. owners of and other' persons interested, in the lands buildings .or manufactories described in the' First Schedule to ·this Act and whereof portions only are required 25 for the aforesaid purposes of this Act may if such portions call in the opinion of the' j ur)7 arbitrators or other authority to whom the . question or disputed compensation shall' be submitted'be severed .from the remainder of such 'properties without material detriment theretobe required to selland convey to the Company. the portions 30 0111y of the l)remise~ so required without the Company being obliged or compellable to purchase the whole or any greater portion thereof the Company ,paying lor the portions required. by them and making compensation for any damage sustained by the owners thereof. and other .parties interested therein by. severance or S5' othcrwiue c Provided alwaysthat if' in.the opinion of the jury arbitrators , or other' authority as aforesaid any such portions cannot be .severed from the remainder of such properties without material detriment thereto the Company may withdraw their notice to treat ior the • Qr~a~ 'We~t~rn. Railway Act. 1~88• .portion of the property required by them and thereupon they shall pay to the owners of and other persons interested in the property. in respect of which they have given notice to treat. all costs charges and expense~ reasonably and properly incurred. .by 'tllem in conse- quenee of such notice:' ' 5 Provided also that as regards the iproperty numbered on the' deposited' plans relating to the Iands in the parishes of Clewer and New 'Vil1dsoi~ 7 in the said parish of Clewer the provisions of this section shall not apply in, the event of the Company requiringto take more thereof than is situate within fourteen feet' of:the southern limit 10 of "deviation' as shown 'on the said plans." , I I Restriction 00. 33. (1.) The Company shall not under ,the powers of this displacing persons of the Act or under the powers of anjT other Act extended by this labouring class. Act purchase or acquire in any city borough or other urban sanitary district or any parish or part of a parish not being within 15 ,~' an urban .aanitary district ten or more houses I which af.ter the passing : of. this 'Act have been or on. the Fifteenth day of December next befor~ the passing of this Act or of th~ respective former Act by which such purchase or acquisition was originally authorised as the casemay be were occupied either wholly or partially by persons 20 "belonging to the labouring class as tenants 'or lodgers unless and .:',' .until-c- (a.) They shall have obtained the approval ofthe Local Govern ment Board to a scheme for providing" new dwellings for ~uch l)~mber of, persons as were residing in such: houses. 25 on the respective Fifteenth day of December aforesaid,or .' I for such number of persons as 'the Local Government.Board shall after inquiry deem necessary having' regard to, the. number of persons on or after that date residing- in such houses and working within one mile therefrom and to 30 the amount of vacant suitable accommodation in the im~ediate neighbourhood of SUCll, houses _or to the place of employment of. ,such per~ons and to all the circum stances of the case; and , . (b.) "I'hey shall have given security to .the satisfaction of. the 35. Local GovernmentBoard lor the carrying out of -the'scheme, (2. ) The approval of the Local' Government .Board to any scheme under this section may he given either. absolutely or con .. ," ditionallyand after the ~Local,.Go:vernmentBoard:~ave.ap-p~ovedof :any such -soheme- they .. may..from. time to .. time .approve. .either 40 absolutely or conditionally of any modifications in the scheme. ,. ! (~. •I. )E:very scheme under this section shall contain provisions prescribing the time within which it shallba carried out and shaIt require the new dwelling-s proposed to be provided under the scheme • to be completed fit for occupation before the persons residing i~' the :.~ ... houses in respect of which the scheme is made are displaced :. j .. . " . . Provided that the 'Local Government Board may dispense ~ft~ the last-mentioned requirement subject to such conditions if any' as they m~y see fit, ' (-t.) -Anyconditions subject to which the Local Government ~Q~~d (~o mayhave approved of any scheme' under this section or of any modifi cationsof any scheme or subjectto whichtheymayhave dispensed'fitp. the above-mentioned requirement shall be enforceable bya ~it.pt mandamus to be obtained by the Local GovernmentBoard out ~f th~ Queen's Bench Division of. the High Court 6£ Just~ce. • , ;. •• • • - I • , C=~:'5 (5 ) If the Companyacquire orappropriate ~ny house or houses for the purposes of this Act in contravention of the foregoing pro'. visions or ! displace or' cause to be displaced the .persona fesiding in any house or houses ·in 'contravention of.' the requirements 'of .the scheme tliey shall'be liable to a penaltyof Fivehundredpounds m -20 respect of every such house which. penalty shall be recoverable -by { the Local Government, Board by action in the High Court of Justice and shall,be carried to- and .£le·. ~~~~~s~~ry.. ~~r.th~;'P¥rpOM~~?f any ,. ; •• - . I L r. ...'.; . 1\ '. . ~ ~ " -...... 40 ,o~'Gi8at ~'~Westem Ra~7iway' Act;~1888. I!'.r~; :·~ :!r~ !~- ~_.~A ,.~,: r~·J·" r·~.; ~ .•. .. ',: .. '>"'" .... f •• ' /0." .. t "," 1""V 1 • ; I r,"f . !' '~~enie under thiS, ~~ct~9n ·.and .m~y:.sell..demise .or' le(o!.9-tli~~~~~~ ~pose,,~{s~~lidw~lli~~.,~~~.~n.Y l~~~~:-PU!~~~seador'acq~i,i~d.a.~ ~tor~saia and-may ·appiY··~o~_th,e 'j)t#'p.o'~e~ ;o~" th~a section .to which ,',.;... • • •"' •• ' -. •• !.. ," '." 'i" e capitalisproperly applicable ,~:r; a~y .~f such, purposes ~,!1Y ~?~~y~ ;~ which they :.maY be -authorisedito raise mapply for tho g~neral v- (). ~ltrpOS~~ '.'~': 6f'their·1lndett8.ltlni: ';', v • • '.', • ••••• • • ••••• '. , '. -- P~ovided tlia{all"land~ o~ ~hich anybuildings havebeen '~rect~a or provided by ,the Company ~in pursuance of ..any scheme :under t~.iS seetioiJ.:shi:tll :to~':a 'p;eriod ofTw~nty-five years fr~m the 'p~ssing of this Act be appropriated.'fqr the purpose of dwellings -and 'e~ery ry() ~ori.veya:nce. cf~qiis~ ·of.lea:s'~'j9t:i~ch 'la~ds' and: buildings sll'~lF be rlot~ice ~". .~;... r.~,:~ 'endotsEia 'with' 'bf t'hisertactineht.': . I ".' . •••••• :" • " . • .~; r j'. I ''; • _ ....., • :. ~>.'. .:pi~Vi·d~i ~l~o ~a(-i~~"tq~l.~;qqy.er~~~nt.B~arf~;~)r;.~!'.-~,;y time dispense With 'aIr or ~ny' of the ~eqUi~ements9j tl~is: sub-section '~~$~,ct.. to~:~ti~~,,~q~~.itib~~, ~.~!:LY'~~ 'tIier'~~y !se€.~~. ...•, .• '" ..: r~ . •. ,., . ~.' .. ~ .' ....' .'" • .. .. " • • . ~. I'. . ("~~ ~ ·(8.) So,~much'~f' .Sectio'l1~15~7'· off thePublic Health Act; 1875'~aB proVides that·the.. provisionS' af .. \that .seetion 'and of-'Sections' 1-55 -and r156. ft'of th~ ~ same Act-shall :'Dl)t"apply.: to buildings' belongingto- any ~, railwaycompany and':used :~for' tlie. purposes of· 'such railway-under Ch~ ,atiY'~Act of"·RarIiament'· shRlLnot'apply to 'buildings erected':01 20> provided,c.. bY:.' "the C6inpany' for ~he- 'purpose ~of an'y"schenie ~ under this section. ' _...... ". . ... "1,_ ':" ... . _ (9. ) The Local Gov~rnmentBoard' 'may direct any Inquiries t·- be' lieia b:y-th~irPiiispectors:'winch-they may ,dee~ necessary ir :'.: "relation to any scheme uiider~:this 'section and for' giviilg~ 'effectct-o 25 any of the -,:provisicnls' 'of this :~eetion' and the 'ins:pect6i~''''Q:f'tlie Lo~r G~v~rririieiit' Boafd shall ~for .tli~ purposes of ail)" such Inquiry have' all such:p6wer~ a~ they 'ha~efOr-:the purposes ofiliqUirles dire~ted by=the Local 'Gove:mmellt·· Board underfhePublicHealth r}:. ":~, ~ ~. ~~ :~.' Act'i87a. . ,, ,'- 1'::( r, " .' ". 'r " :- " y"'.' 30- .. , •• ,... ~ ...... '. ,. • -,.... l' 7", ' ... '.', -'~' . •. . (I0:) ',The Co~pany:. shal:! ~:J1ay ,to t~e Local Government.. Board ~,sum to pe fixed bytJIa1t Board" in:respect of the prep~atio~,al?-d . ~~~ue"~f 'a~y~,p~(j)visi~n~l~':,o~~e~~~~ Fur~~~~, ~f ",~hi& ·se~tio~a~.~~a~y ~t ..~~ expenses incurred q}f~·~~t:)30~~din. ~el~tiC>,R ,to,,any inquitjeH.J~llder t¥",~eetiQIl.incJl1,<;li-~g !4~ .e~p'~~s~~,of.ap'-Y Jvi~~s.~~~ s~~o.pedbyS5 ~~e" i~sp~G~~r.if.n~a" ' s.u~: to ~e 'tixed bytha¥B~~~, ~?t~x~~e<#ng ~~1iree ~d~Y',£~f ~~~r:v;~c~s' ~f. ~~Qli i~~pe_~t~~ guilleas ,the . -...' . ..:'! " '. '. .' ;I fl· .... •t , ... '.". _ .. _ ~ .... _' '. • :. ,'. .. t.. _~. ~'. _••,.1.,,:.. -.a_'·... I;,. .. ~ .r ~ ,.l'.a.i ,•• ,: '• ,:~.,: ~, • '. ~.. I., '.'. 0••• ~ J':' .: _. .. I •• ..... ' •••..;.. , '·;··:'_(11'.)For:th~"piitposes'bf~ls:'seiCti'OIl'the·Ealp1eSSiMiJ;·(~4a;ba1iniig 41 eJ!:~~,~' j~I'W~~ ~~~p3:n.ic,s. artizans .labourers and others.working,for wages llawkers costermongers persons not working.. ,fo:r: wages but ,!o:rkiriKat.l~Ometrade or handicraft without employing others except , nlambers qf th~:IT ownfamily .~nd perso~s other,than domestic serv~1,1!s. ~ whose ~incom~·;dQ~s.. not,exceed, an' average ... of thirty shillings a: ~e~.k ~.' (-0. " • , " .". '''...... : , ;' 34~~Ana' whereas' the"Company' have 'from: time to 'timepur> Provision with' ". :' ' ~ '. .~ , .. ,. ~ respect to super- ~ chased or 'acquired .lands adjoining or .nearrto theirrailway ora fluous landaof 10 station belonging solely or jointly 'to the Company but which'Iands' the Company. are not' immediatelyrequired fbi-'the purposes of:theirvundertaking" and: 'it is expedient that theOompany should, :berelieved,from the: obligation' under certain circumstances to selt ;:the ~ same' as ·'Eniper~ .. ~' ~,~', ~ ." fluous iands':/ ,;,\ :' .' ,.' '. ".:, . ,:: " '; . 0 • •• ," .,. .-=.;" .~~.. .. \ e» 1 .• ":".... f· ., - .•. . ~'. ~ ..1 , ~ • ~. ... '. • •• -.' r ~ ••.... 15 .~.' . :~1'herefor~ nothing in ~\1e Lands CI~~se~ QOI\solidatioI}. Act 184Q~ or aIiy Act ~relating to 'the Company withwhibh that'.Act is'incor- rQr~t~~~~th;~~~p;~~t ~ ~~'s~le qf S?P~rlI~~~(I~Ii~~' ~~all,~P.tirtii~· expiration of 'Ten years £ro~ th~ pas.sl)i.g,o£ this Act be.held to ~pply, ", t~ .any la.nd~ andthe app~e.nailces.theretoltc!lUke:ii »y the Company fio in the:~pap~he~"oI::pl~ces'~n~erat~d i~tpe t4'st"p~it 6f thec.Sec~nd' ~cheduleto't$~ ~c~' any pari of which lands 'a:djQ~ 'the,Company',s rail~ay "pr~Jttiy ~tatioh:,belo.ilgin~ solely: or jo~utlY.,t6" the Oompany 6t is'~ituat~' within'OIle: mile m~asUr~d :along! the ~a!hvay 'o£':any station belonging solely"bt jointly to' 'th~ :C6~pany 'or'which may ~p. ~~,r~9.~?~ ,f~~, ,~~~ purposes Q~ any,un~~rtaking,be!~pgin.g solely .,', or joiiitly'to the Company. And the 90mpany mayduring 'the same :;:'. .. D~ :.,"~ p'eI-i~d (;f'" fen" ·'y~~rs #oril 'the .passing-of' this j\6( continue to hold ~{i'~h lal(ds "and. appurtenances ~1thouih not '~J!iniedi~telr required '. ", t~~Jhe.p'~ip6s~S;'O{;t:h~i~ ·lind~rtaki~g. ~ut th~y'~li~lf~ti' the ,;:":~ ~Q ~~p~~ti?n ofs~c~.pJ#~do(~~h, y~at~:~ei! ~nddi~p'~se' Qr" a~ .soch par~s ~ot ~lj.en ~a .'~been appJi~4 • I" of .sueh lands, 'respective}y :as.. shall ve iQ~J.: are nbt.,t~e~: requ,ked for' i~e"pUrpose.~·of. 'th~ir ~nQ.ertakiD!s ~ ~uperfl~b~~ lands:, ",' \ .:: '/ ' :',' ';.::'. ",:~ ,":.':",' , , (-' 35~.-'':A.~d where~s.t"~thel· Oom:patiYl··?atid~~ tfe ;.,,'N6rth 'Westel'li Provision with 35 Company have from time to time purchased or acqtiired'lands,With n~g:~~d~uE;r- .or without buildings thereon in 'connection with or for the purposeR ~:rt~We:~:I1t<;, i)f':tJl'eiohester Joi'nt'~ St~t1ori':~nd,therWreiham.'arid 'Miri~ra" }~.it~nRion Com~iio~~ >"..'".,,{ r~:,~: iR&1wa{But'wliichlandslib:~ Iiot'lmthidi~telfreqtllr~(rrdr:th~ pffi·pose~ Ii;, ,'",. ,':,i~ :~:'; ';:~ ,~r~9~':~iid/it;~~;'~~p:~di~titb~tt~~:s~~~:~~pii~~.s'~Jj6;ill~rtie,:~~e~~(l ,'.' .:::'!:;'~~,.:, L~~~:, :~~n ~,' .i ...: C : ·~:.,L ,.~<·.t--:::r: ".-!.D;'il::L;~n~ s'~t~ -~:.~~ ,~ .~; j.'1 ~/.!.:··;I,:1:.~:.j·.~ l'}~:!j ,j ::".~, ~:':,-. ':i ~ i __ ." i .) \4. -.. 1.1 •.:: 1:- \ ~ ..\. .. "'" r from the obligation under certain . clrcumstances to 'scin;·tli~ ~ .as superfluous .landa: ' .,. Therefore nothing in the' Lands Olau~e~ Consolidation Act 1845 ' or any Act relating to the C.),npany or 'to the Nqr,t4, \. Western Company or to the Birkenhead Railway and t~.~ :j Chester Joint Station with which that Act is incorporated ¢t~ respect to the sale of superfluous. lands shall until the expiration :; .:". ' ... ()f :~'en, years. from. the passing of this Act be held to ~pply to . ";i,~J/" :: ,' any ~ds' with or without ,any building ~her.eon and the appur- ': ::~<",~ '~~ . tanances 'thereto -aequired by the ,Cbttlpany-~ aad py ,.the' Nor~ Ill' Western CQJnp8J1y oreither.of them W. ,the parishes enumerated ~ ,the~·S~con.q.·P~rt~·;o~the Second Scheduleto thi~A.ct.:~y p~~ o~· which adjoins such ~ertakmg Q~ may be. required for t~ ~p(\8es"~f widening the said railway or making sidings or other ,!or~ in c,'m:". nection therewith or is situate within one mile p~ any .~t.~#on on 1~ ~~e said-railway, 4~d the pomp~~y and the ~~~~1) !We~~~!n C.~~· pany·o~ either r of t~e~ ~~y ,duri~g the s.~~e period Qf T\~~ ye~rs from the. passing' of ihis Act.~D#Ip~e~o hold such ~,~dlJ buildings and' appurtenances although not ~ediately required ~Q~ the purposes aforesaid, B~~ the said Companies shall at ~4e 2Q expiration-of such .period of Ten ,years selland dispose,ql alJ'?~ of suchlands which s~U not then have been applied to o~ ~e not . then ' required for the purp,os,es of the Birkenhead ~~l~ay, 9r the Chester Joint 'StatfD as su~e.~uou:s Iands, .. ': . ,~~:." ~ • '" • ' : • , ,_ ; .. •• ; ,_" , I • :' ,'. :, I • ,. ',: \,1 ;.: .. *~~tawe:'~l .' .,. ,3;~.-,'T~~ CO~p'~ny .~n~ t,he North 'Y~liltemCo~~ny.ore~~h~r 25 Companr may' of them, mStY hold and-use-and ~pply for .and t,o ~ny purposes ~q;t?-- :~c:J:datyagree.ne.~~e~,with', t4~irl.j~i~~, undertakings .certain lands a:t, 9:r. ~~~ ment Onibury iIl.r~Q~:~ari:;h of Onibury in the county of Salop and ,~e]'t~ oth~r Iands in 'the :parish of Leominster in the county of Herelor4 I ' purchased by them or, op.e .(}f them by agreement .described 'i~ ~4~ ~o Third Schedule to this Act and which sre shown Q~ t~e pJ!J'~ depositedjn the Parliament Office of the House ~£ Hor~ ~II;dt~~ Private Bill Office of the House of Commons 'and entitled;'" m.~ns of to.;-~ ,Th~d ~clt~d~l:e:to,~·.ct~.eap:W~~t~~ • ; ..• ·.. t·, Iands referred the Rail- '.t' ~' ..."~,~-,.' w~·y Act~ ~888~~? '... '. .' ~ ~ .. " '. ~ ; ... ,": .'..!.'~::, 'n~\J ~4 . . .. ." "., :' ;.. ~. '. 1 .:.' i .. '··· . . '. ;'.r . ',t ' .... <'1. ~f::le1I!i~~~:r .; ..,37 ~~ 1J1e, po}V;~~ ,~~ed .b.y ~~,q-r,~t" We,s~~. ;~~ :~i::d: fo~r~:~o (~p. 2); 4cl.i ,1~8~, ~~ ~m(;}l!dev.1?yt4e:qf~~~, W~~~rp.,~~~.air.~!4i w~ N?- ~ h 1885,fQrth~'C9mp;ultl,Q:r:~pyrc~a~ P!f~~~i~~rf~,~s~4~i~~'!~ )To ~rA:tofr1882. to oraffect thE:' Railway No.2 by the first mentioned Act authorised , :4& ar~ {,>' 4,by this Act revived.' .and extended andmay be exercised during --' the periodof rW,9 yeare from, the' Twenty-fourth day ~f July, 1887 c • I ,'" " I' '. .;. an;d at, the expiration of, that period. those powerashall cease and , ; 'determine. . 5 . 38.-·,The powers'granted by .the. Great' W,e~t~rn " ,~&'ilway Extension of ,. '. _. time for construe- (No. 2)~.A.ct 1882 .ns .amended.. by the Great.Wester:q,Ratlway Aet ti0':l0~railw~y. ·l'·8~5.e~ 'th t - f heRai N~ 2 1 ' h' fi No.2authorlse"d.A~~"of": ror e I cons ruction 0, ,t e· ailway 0., )y t e rst, men- by No.2 - tioned Ac(aU:thoris~are hereby extended and may be,exercised by 1882. ' '-: - the ,C9~P!1n:Ffor the period of Three years from the Twenty-fourth _-10 day of July 1888 and Section 10'oi the first-mentioned Act shall be read and 'construed as if the period limited by this Act for . the !Completion 'of the'said railway had been, the ,period limited by ",; that ~Act 'for! the 'completion thereof. -.. 39.-'The Company shall abandon 'the cionstruction of the A~andonmentof _15 raiilways N'. os.I' and . ,3' d,escr]ibed , In'. alldaut horise - d by t h e Great authorisedrailways 1 andby 3 ';- 'Western ·Railway (No.' 2) Act 1882. . No.2 :Act of 1882• . .. 4,0.-,The.abandonment by. the Companyunder the authority Abandon~lent not thi A t f th -I - t- d· .heIasi di ti to affect right to I, of . IS C 0 e rai ways.men aonen in t e ..astp~ece mg sec Ion compensation for shall n,ot prejudice or affect the right of the owner or occupier of . ~:~ag&:~f~Dd by 20 any J~nd toreceivecompensation for any damage occasione~bythe ·~h~d~~ed~w:ork ·'. entry of the Company on such landfor the purpose of surveYIng and. taking levels or. probing or boring tv ascertain the nature of the soil .,'.' ~r 'setting out ofthe line ofrailways and shall not prejudice' or affect .; the' right' of the owner or occupier of any land which has he'en 25-'te~porarily occupied by the Company to receive compensation for i si.ch temporary occupation or for any loss damage or injury which has' been sustained by such owner or occupier by reason thereofor of the exercise as regards· such land of any of the powers contained in the. Railways Clauses Consolidation Act 1845 or the Great 30 Western Railway.INo. 2) Act .1882. ", 41.-'Where before the passing o~ this Act any contract has Compensation to been: entered into or notice given by the Company for the purchasing b~ made in respe~t . b of portions of rail- of any land £01" the purposes of or in relation to any portions of the ways abandoned .. . railwaysor works authorised- to be hbandonedby this Act the OODt- .35 'Pany' shall be released from all Jiability to purchase or to complete the purchase of allY such lands but notwithstanding full compensa- :.tion shall be made by the ,Company to the owners and occupiers 01' t : other persons interested in such Iand fQr all injury or damage sus- tained .: by them re~p~ctively ~y reason .0£. thepUl:chase .not .being M 44 completed pursuant' to:the ~o.1!t.r~ct·or ri~ti~e'~ ~nd the amount (~~d application of the compensation shall 'be' determined in manner .P~~ vided by the Land's Clauses Consolidation Act 184!) 'as amended '~y any subsequent Act for determining the amourit and application of compensation paid for lands taken under the provisions thereof. e , D ' .' . , ~reements set' 42.-The several Agreements hereinafter mentioned are ·forth in,Fourth & Fifth Schedules hereby respectively confirmed and made binding upon the parties confirmed· .thereto and may and shall be carried into effect accordinglv in. the terms respectively Betforth in the Fourth andF~thSchediiies to this Act: '. .'." .. , '10 1. .An Ag~eement between the Oldbury Railway. Company and the Company dated the Tenth day of Augu.st 188,6.~pr the workingmaintenance and us~r of the Oldbury Railway .by theCompanyandfor.other purposes r ,~--,. ." ,:. .. .• :.' ,', •• ! .' I _ ",' : : 2. AD. Agreement between ,~he ,~hondda and .Swansea. Bay 15 Railway Company.a~dthe Compa~idated th~ Thirtee~th dayof A.~gu~t ,~188n for 'the 'interc~ange and c~nv~yance oftraffic and. for other purposes. '. '.' ' "~ , .: -. " ." .' 43.,~The ,~ection,~5 , As to recovery of provisions of of .the Harbours Docks and dock dues, ·PiersClauses. 4ct 18~7,with.!espect to the ~ecoY~~y[ ()f ra:tes on g~~ds~';20 shall extend and applY,-to aU)7'. rates .dues rents or.eharges payable to the Company in respectof the.. Plymouth .Great.W ~~~ern· .Docks under the Gre~t Western Railway Act. 1880 or any,·ather: .A,ct relating to thoseDocks or in respect of any other docks ~ wharves.or ., shipping places o~ the Company .under any A,ct or .Acts :J:.eiati~g: to '25 ,~n)· other dock or' docks wharves OF .shipping places' of tli,~; Company · .. in respect of any goods. articles or things I~den OJ;' unladen or taken on board or dischargedthereat or therein respectively_ . s: • · As to Customs 44.-The U~mpaIIY may withthe sanction ofthe Commissioners ~ 'and other hImds of Customs or theOommissiouers '0£ Inland Revenue give .and grant 3(' · g~v.en hy Comp::\n~'. to HerMajesty under their common seal bonds general orotherwise conditioned ful' the due removal or· exportation of goods iiable' to • ••. I ~ ,'\ J u' ies of Oustoms or Excise or for ...warehousing or-otherwise-dealiug with such goods in accordance with the law~ and.~egulatiQii~'Qf'th~. Oustoms and Excise for the time beingin force, ' '....' ~"35 Delivery ..45.-With respect to the giving of certificates and warrants' by Warrant,s. the Company for the .delivery (jt ''''lods the followingprovisions shall have effect (thatis to say) . ' " ,: :,1 1. The Companyfrom time to time a,t the request of any coihpan;uiaY~-:a · gi ve certificates person warehousing or depositing .any goods merchandise of deposited goods· ti I thi e . h " f h and warrants for ar IC es or' ngs In any ware ouse or upon any 0 t e delivery of goods. docks wharves or shipping.places or in'any 'free .or bonded ,,.; . ~ warehouses depots buildings transit and other sheds and .. conveniences belonging to or leased .or .occupied by..the Company specially appropriated for the purpose or" ,any person'entitled· to any goods so warehoused or deposited may if the Company think fit issue and deliver-to .him 1.0 a certificate in a form approved by.the Companyof the goods so warehoused or deposited, or a warrant in a form approved by the Company for the delivery of the ~goods so warehoused or deposited 'or any 'part thereof to be respec- -tively specified in the warrant : .-15 2. No such warrant for delivery shall begivenuniess and 'YalTat~lltnfot.tohtbe .' • ,. .• 0 gIven I relg until all.liens and" claims .~()r freight, and all other liens or rates &0 paid. claims whatsoever to which the'.goods.were liable while on , , =board any vessel andbefore the warehousing or depositing of .the same and of which the. CQlllp~ny, )h~:ve notice in • ~O . writing and all fates rentacharges and exp~nses payable to .the .Company .with .respect ,to the w~rehousing or depositing of the goods or for serviees performed by the COmpaJ1Y. in-respect thereof are paid or discharged : 3. sBefore a.warrant 'for the delivery of' all. or any of .the Warrant not to he given until :25 good s ~pecified In·'any certiificate IS..Issued b yth e Company certificate given thecertificate s4a11 be delivered to them to be cancelled' up, Provided that it the warrant be for the '~de]rv:ery- ofpart only of the goods the .Company shall issue to the person . 80 delivering up· the, certificate a new certificate with, -3'0 respect to the goods not specified in the warrant: ~ . 4. Every SUCD. 'certificate or warrant for delivery shall be Effect of . certificate or deemed t» be a document of title to tile goods specified warranto. therei~ and shall be transferable by endorsement and any holder of suer: certificate or warrant whether the person • .36 - .~ .."named therein. or the. endorsee ,thel·e.t!f:,[~}lall have"the same right to the possession and property of such goods as if they were deposited in his own warehouse: . 5~ Every 'such certificate or warrant shall state on the' face Notice of eflect of . thereofthe effect of the last preceding subsection 'and that ~:~;~:il~t~oO[e ' -40 th~ certificate or warrant is issued under thepowers ofthis endorsed thereon. Act:' , - 46 .6. "The Company may charge for 'each certificate·or warrant " 'any sum not exceeding' two shillings. Provisions as to 46.-Wllereas. the' "Gte~t Westel'n Railway .Medicel Fund Great Western' •.• -' '. f h' C"N Railway M~dic91 SOCIety ItJa SOCIety of. the Servants 0 , t e' onlpany at ew Fund Society. Swindon in the County 'of Wilts and is aregistered'Friendly Society 5 " under the Friend.ly Societies.Act 1875 but doubts' have arisen as to , whether the objects of the Society are'ill some respects covered by the said Act and it is desirable that such doubts should be removed it is therefore' hereby enacted asfollows-« .(a) 'I'he said Society shall be, deemed to be 'a Friendly Society 10 withinthe meaning ofthe 'said Act: (0) The Society may from time to time make amendments in ·the rules of the Society so as to extend the objects of the Society to ,'the promotion of the health of .its members and their: families' 'by the provision' of: baths and 15 'such othel~' means as may from time to "time appear llecessary or desirable.and to permit the use of the' Laths '.by persolls who are not members of, the ·~ociety on their ' • paying such admission fees as ~ay from time to time be determined by the Committee and the Registrar of Friendly 20 . Societies may register such amendments under the provisions oftheFriendly Societies Act. ,'•. Repeal-of section, . 89.e h D-"~ LI .. d' PhIR il 89 of l?:uffryn .~" 47- .-secnon · or t e u.uryn YIIVI an ort caw a wa:r LIYl1:V1 ~nd Porth.. .Act 1825 is hereby l~pealed.. cawl Railway Act, , lR25. , ~i:ot~~n:Udf. . 48.-.'J he SUIll of Eleven thouSA~d two hundred poun?s the 25 Ear~isley. Railway amount of the bond dated the fifthday of August. 186~entHed into Company .by the Kington and Eardisley Railway Company and ~ic~a~d Green 4. Price (afterwards Sir Richard Green Price sincedeceased) under the provisions of Section 17 of the Kington and Eardisley Railway Act 1864 ishereby released and the Solicitor to the Treasury shall deliver 30 up to the .Company the said bond in order to the cancelling thereof. \ ,'- Vesting in 49.-The agreement between the Leominster and. Bromyard Company the llndertak~ngof Rap-way Company (hereinafter'.ealled the Leominater Company) of the Leominster th' fl.. 't rt 0' I 1R- h·' d'" t R":1:': .. h and. Bromyard- . e rs pa 0 one lC ar PD·rescott .. eCMt. J ames a~n-'l' omas Ra~l\vaY'Co~pan~ Bristow StallardMajor EdwardNicholas H~ygateMajor j~hn:,Howarth 3~ .. ,.. Asht~n and Thomas DaviesBurltonfhereinafter..calledthe Directors) " \ of the second part' and the Company of the third part tor amongst Q. ,. - .'- rf, t 47, other things the vesting in the Uompany of the undertaking of' the Leominster Company set forth in .the :-;ixth Sch-edule to this , ~ct (hereinafter referred to as the Leominster:\.greem~~t)is hereby confirmed and made binding upon, the parties thereto and. upon all; \~ persons p~rporti~g,to be affected thereby and may'andshall be carried into effect accordinglyi . As from the. First'day of July l888 (which day .is hereinafter. referred to . as . the date of vesting)" the .undertaking of the. LeominsterOompsnyas defined in the Leominster agreement shall be '(~ transferred to and vested in the ComI?any:' , ," The Leominster Companyshall,as from. the date of vesting be dissolved except 'for the purpose of winding up their affairs ,8;8' provided by this,Act and of' otherwise. :'carrYIng into effect the:~ provisions of- this Act:'. ' .. .- l6 ,', ;ProVided always tltat '1;I.t the date of vesting ~lithe'unexe~cised powers of theLeominster Company of 'raising capitalbythecreation tI.~ben and· issue of' shares,and of I raising'money by mortgages' alta ture' stock sh~ll b'e· and the same are hereby extinguished :0 .,," . ; bea~ ama1~am~tion' oith~ The vesting shall be ° deemed 'to ° 20 undertaking of o , the Leominster Company with the undertaking .... ,. ~he .;1 4 ;, - \ 0': o} 'th(;)Compailr 'withfu , :meaning of Part V. O-(relitting " , .:..-, to' .Amalgamation] of the 'Railways Clauses .l'1ct 1863· and ..."'1-.#,'- ..; ...... the provisions of the said Part V. shall extend and apply thereto ac cording-ly so far .as the same are not .inconsistent with or varied by 25 the provisions herein and in the Leominster agreement contained: '": The transfer and vesting' shall be evidenced by a deed ..o( eonveyancejn which the consideration shall be fully set forth an~ such deedshall bE' duly stamped with the proper ad valorem. duty: and the Company shall produce s~ch deed duly stamped as aforesaid' _·~O to' 'the' 'Oommissioners of Inland Revenue within three .months from a~ I .' the passing of this Act and in default of such production 'the valorem stamp duty with interest thereon at the rate 0['. five pounds per .eentum per annum 'from the passing of this Act to "the day,of payment shall he recovera-ble from the Company with full costs of .35 suit... and all costs and charges attending the same, • • t. ..: 50·-Notwitllstanding·'anything contained in -this Act or the Leominster Acts"l1lcorporated herewith or .inany other Act or Acts£roma,,~ ~~:gd:~t()be , after the' payment issue' and receipt -"of the consideration- the eOnipany shall ;hold~ the' undertaking of the Leominster Company ,N 48' Great Western ·Railwau Act 1888~ 'freed' and discharged from all d6bts liabilities obligations and' engagements or that: Company (except as otherwise.provided. -in the Leominst~r Agreement) and thereupon the Leominster Company shall be wound up III the same manner and with the: same' incidents as if th.e' Leominster Company were a Company, 5 registered 'under the Companies Acts 1862 to 1'880 and' shall from and after the passing or t~e Act be deemed to be so registered accordingly and for the purposes of calling and holding meetings and passing .resolutions and other matters' incident to :such winding up the provisions contained i~ the -said 'Leominster: 10" Company's Acts of .Parliament and the Acts incorporated therewith may' and. shall take eifoct. as resolutions of a Company .duly registered: Notwithstandinganything contained in this Act or in.the. Leominster Agreement the sum of Nineteen thousand and fifty4> nine, pounds mentioned in. the said, Agreement shall be held by the Com- 15 I)any in trust for _or shall be paid to the liquidator appointed in the winding-up and payment to or under the direction of such liquidator shall be deemed to be payment to the directors of the said sum ~ -r~ within the meaning of the said Agreement. PowertoCompany 51.-The -Company may from time to time apply any 20 to apply surplus ' funds for moneys raised by them and which are not by. any Act relating E;~~:fug the to them made applicable to any special purpose or which Leominster being so made applicable are not required for that special purpose to Company's undertaking. the 'carrying, tIle said vesting into effect to defraying such of. the liabilities of the Leominster Oompany ,as are not to be defrayed by 25 that Company to completing any portion of the undertaking of that Company which' Dlay not at the date of vesting be completed including the "completion of the said authorised Railway between Steens Bridge and Bromyard and to putting the undertaking of the Leominster Company into efficient repair and condition. ' 3(~ Leominster 52.-Notwithstanding the vesting and notwithstanding any 'shareholders not to be shareholders thing. contained in section !>f) of the Railways Clauses Act 1863 of Company. the stockholders and shareholders of the Leominster Company shall not be stockholders or shareholders of the Company or have any right or claim whatsoever upon or' against the Company. or the under- 35 takingof the I ...eominster Company but the ,p~yment of the sum of. Nineteen thousand and fifty-nine pounds specined .in the ~eominster agreement.. shall be.received and ~ applied by '_ the Leominster Company i~: paying and satisfying and di~chargingan the debts Great:Western R'ailwau Act'1888. and liabilities to be paid satisfied and discharged by them according to their priorities and the' balance or'remainder of the said .sum together with the SUIll of ten shillings per share payable in respect of every fully paid-up share in the Leominster Company .5 as specified by the said Agreement shall be applied for the beneft of the holders of stocks an <1 shares in the Leominster Company entitled to participate therein. 53.-The ...Agreement between the Worcester Bromyard and Vesting in Leominster· Raa -Iway Company (hereierema. fter caII'· ed th"e Worcester undertakingCompany theof 10 Company) andt he C?rnpany f'or the1- vesting'. In• th e Company . of Bromyardthe Worcesterand the undertaking of the' Worcester Company set forth in the Heventh ~:ii:.~~:J~mpany Schedule to this Act (hereinafter referred to as the Worcester Agreement) is hereby. confirmed and made binding upon the parties thereto and may and shall 'be carried into effect and shall be ~15 read and construed as part of this Act: , , ( As on and from. the Ist day of July 1888 (which day is herein- after referred to as the date of vesting) the undertaking of- the '.f Worcester Company as .described in the Worcester agreement shall be transferred to and vested in the Company: ~20 The Worcester Company shall as from the date of vesting be dissolved except for the purpose of winding up their affairs as provided by this Act and of otherwise carrying into effect the provisions of this Act: . Provided always that at the date of vesting all the unexercised ~25 powers of the Worcester Company of raising capital,by the creation and issue of shares and of raising money' by mortgages and debenture stock shall be and the same are hereby extinguished: The vesting shall be deemed to be an amalgamation of' the undertaking of the Worcester Company' with the undertaking of' .·30 the Company within the meaning of Part V. (relating to· amalgamation) of the Railways Clauses Act 1863 and the provisions of the said, Part V. shall extend and apply thereto accordingly so far as the same are 110t incousistent ~~~th or varied, by the provisions lu -rein and in the Worcester agreement contained: -35 The transfer and' vesting shall be evidenced by a deed of conveyance in whichthe consideration shall b~ fully set forth and · such.deed shall be duly stamped with the proper ad valorem duty aud uhe ,.CoD;lpany.shall. produce such deed duly stamped -us, aforesaid- to .tlieQo~mis,~ioAers .of .InlandRevenue within three ~ ~ ~ ~ _~:,,~ ~ .. 1 ,! •. : .; e, I .. I .. ': ..' ••. ' "'.. ;..'. ." 50, Great ,~es'tem Railway Act 1888~ monthsfrom the date of vesting and in 'default of such: production the ad valorem stamp duty with .interest thereon at the rate of five pounds peT centum per annum, from the date of vesting to the day of payment shall be' recoverable from the Companywith full costs of suit and all costs andcharges attending the same. ",;). CompanyPower to to apply 54.-The Company may fromrom timetotime, to timerti appIy any',moneys surplus funds for purposes of raised by them and which 'are not by any Act relating to them made vesting the " applicable to any special purposes or which being so made applicable Worcester, . Company's ' are not required, for, that 'special: purpose to the carrying the said undertaking vesting••Into effecta: tod e£raymg' .' sueh 0 f t1Ie Iiabilitiities 0'f the 'U~y orcester 10.. , Company as are not to be defrayed bythat Company to completiug any portion of the undertaking of that Company which may not at the time of the vesting be completed and to putting the, undertaking, of .: tI:e WoroesterCompanyinto efficient repair and condition.. . ' , ~:b~e~h~~:h~ld~;S 55.-'Upon,the vesting taking effect, then notwithstanding 15.. of Company. anything contained in section Mj of the Railways Clausea Act, 'i~6a ~he stockholders and shareholders of the Worcester Company shall not be stockholders or shareholders. of the Company or have q,n)~ right or claim whatsoever upon or against the Company ~r. th : transferred undertaking. ' 2()" As to capital of Company.. 56.-0n 'and after the date of vesting the capital of the Company shall be increased by addition thereto in the manner and to the extent, necessary to give effect to the provisions of ti:e Worcester agreement Provided' always that any, additions to the Great Western Railway Company's Debenture Stock under the 25· authority or for tll~ purposes of this Act 'shall be deemed to be part of "~~d shall rank. pari passn with the other like stock of the Company. Certificates of debenture stock 57"-Every holder of the debenture debt of the Worcester COUl &c. of Worcester pany mentioned in the third article of' .the' 'Worcester agreement 30" Company to be exchanged. shall upon the delivery''of the certificates for the same to' 'the Company ibe ientitled to 1g eceive and shall receive in ·the' stead', thereof certificates of Great West'ern Railwav~ Debenture Stock , bearing interest as on and from the date, of vesting at the rate of.Five pounds per centum .per' annum' to which 'such holder 35. may be entitled in exchange' in the 'proportion of One hundred .poun~s of,~uchstock.iorevery One hundred pounds.~paid upin respect "of DebeJltUre' .Stook ofth.e .Worcester' Compariy;aiid;the ',51 ·~er~ific.a:tE'S with respect to 'the saidWorc~ster Company's Debetiture 'Stock' shall thereupon be cancelled. ' ~ ~: , '. , " ( ,'. 68.-;Ever)" liolderofthe preference stock of -th~e: Worce~:t~r Certificates of preference stock \\ Company mentionedinthe third" articleof the Woroester agree~en;t of Worcester Company to be .D 'shall upon the delivery of the certificates for the same 'to the exchanged, -'Company be entitled t~"'recei:Ve'" aild" shali receive in the "stead :thereof 'a c~sh paymenf 'of a sum calculated: at'the rate of Ninety~ five' pounds fOl •' '.: I' 1, t ',- -,", .\ '1', " :' " .. - • ." .~ :··59~'~Every:·holder 'of fully paidrup ordinary ··shares· of the Cer~ificat~of o~ceser 'C' . -t· of'; d i th h· rd .. I f h t:XT Ordmary Shares I I ..;W t :ompany men lone· In e t 11' artie e 0 t e ", oreester of Worcester 15 -agreement· shallupon the delivery of the certificates' for the-same to ~~Ii~:l::&:eat "theCompauybe' entitled to receive and- shallIreceive in .the. stead WesternCompany 'thereoftne:~":sUrliof Tenwshillings' for 'each fully paid up· snare and in-the'same proportion for' any sucliordinary -shares 'as ~ have 'been ,t ,", only partially paid up together with interest Ion such sum at' "the ~20 -rate ofFive' pounds' per centum" per annum,' as, on' and 'from the ·dafe of vesting until payment of the 'same. ' ,.' , '., . . . , ., ~ - aO.-The Company shall by an Advertisement in some news-' Notice to be given . , ~papl1r. published in: the City or pountyo(Worcester.and by a :te~~~~at?p~~ .Qir9ular sent to each holder .of Preference Stock"and Ordinary ~r::::~~~ders 25 Shares .of.the Worcester Company give not ,less than six, weeks' Company. notice of the day on which and the place at· which they 'will be ~prep.ared tomakethe payments mentioned in the two last 'preceding .Sections of this Act and requiring such holders t~ deli~er. up the ~\ Certificatee for ,tb~ Stock or., Shares held by. them. respectively and -CoJl!P~ny ~ ,.30 .no intereat.ehall ,pe ..payable by the under the. provisions .: ',' \ .of.the said.two sections after .the date so fixed. .on any sum or sums j·of..money payable in respect _of any Stock or Shares ,tp.e Certificates for which shall.not be-delivered to the- Companr on' or before that date. ·35 '. '61.~if the 'certificate foranyofthe saidWorceeterOompany's P~9visions as to '. "debenture 'stoc~ 'preference stOck ~i' ordinary' 'sJi.itres be -lost or ;~r~:ar::cC~:-;~~ :'d~stroy~d:,then,~pori' p'r?of,·thex.:e~f·a~d:upon. a~ indem~ty'being pany. . J 'giv~n' againSt 'any 'cla,im~ in respect of such Iosfor destroyed certificate ':;-.~', '~ ~,' ~' o~·.. ,~:. ~ ~... . !) . ,.. I • , , ..'; :.' : • r. '.-,..';, ._. .' : • - " -' '.: ','ti i': 'f~", ~. ..~.~\ _~ -=I~.~· --'! ~:. .: ~ :' - ,.,... r I -:, • . .',_.. , .... . ~.. ~," . ; .,' ... .' : 't :~ .... ------ 52, to ~~e,:~atis£act~.o~,Qf,the .directors ofthe Company they shall del~v;m to the person entitled. to such certificate a certificate.£or the subati- . tuted Debenture Stock or shall pay to such person the sum as the case 'may be:to which he' would 'be "respectively 'entitled' 'In such mst-mentioned 'certificate 'hadnot 'been.Iost 'or.desteoyed, 5.. 'l l ". ,. DissolutionKingsbrid eofand . an~.:-0nt he pas~lng - 0 f ~hiS A0"t the Kingsbri idge Cpmpa~Y,:8Uj:;1,.t, ..... ll SalcombeLilway he and the .same is hereby dissolved and all the rights 'pOWeJ1I Company and ,I," _. q transfer of powers pJ;ivil~ges and authorities which .by the Aotsl'elating to the Ki~~. to Company. .briid~ ge ,.Q.n d' sa1com be, R,ailway, are.. coDJ.erreupon.c d .t'he K-,,' IngS.ll b -d' g~ .(~o:p1paIJ.Y .are by this .Acttr~nsferx.edto 'and vestedlin .the .,CompQ,llf:1.0 who ':nl~y.in t}l.eil' .own .name and. undertheir own seal-er under )tla~ hands of their Directors Secretary offlceraandeervants ..exercise ~a1l those rights powers privileges and authorities (except only the powers 'offttisin'g'money which:powers are.by this .A'ot -repealed) as tfully· "and effectually in all respects ;aslthe 'Kingsbridge /Oompany ~or 15 the Directors Secretary -offieers and .servants \o~ !that ::Company :as the ease m~y be-might 'have exercised-the 'same ·ifjhis :S.ection ~f -this Act 'had -notbeen-'passed .and the'iCo'mpany shall -disoharge ~ari:d. fulfil 'all ·liabilitres and obligations (so far as 'snchliabilities:and , obligations' are.not.otherwise-dischaegedfulfflled released:or;arranged 20 rOl·)·of·the' Kingsbridge Company "under 'all conteaots and .agrse- - ments entered into by them -in reference -to the' IDngabridge' ~ail- 1.vay or connected therewith and which are now binding on the L., RIngsbridge fOompany ,:' . Provided ~hat any contract or agreement with reference ·to t1,le25 discharge or 'the'liabilities of the Kinzsbridge Company shall en~ ?e». ~l4~~"c,.. rem~in and be valid andbinding in ;favou.r of the Company. Kingsbridge .and 63.-All fhe provisions of tho Acts relating-to the Kingsbridge Saleembe Railway " _ .. -•__ .. to become after .Company except those relating to theconstitution and. to the share transfer pttrt of '''It .l;,.~ the undertaking and '1oan capl a1 0·f thoat '0ompany sa"'h II' .(so far"1-as app icame)'have 30 of the Company. effect as if the --Company 'had 'been' named throughout tbe same - instead of the 'Kingsbridge 'Compeny and ... the. ,unaeltaking authorised by'thoseActs shall subject to '(he 'pr9Visiol1s f)f .the, ·saiB. Acts' becom~ part of the undertaking dftlle Company. . Company may ::6,4.~rr·~e £o~.$.e p~rp.QSes~Qf ~ King~,\lridge ~:.lj _raise"capital 'hf . . Company may LtI?e 'Iti~ggbridge and .Saleembe ,lt~ilw~)r .. raise .,~~p~tal~~qr:a·~~r .amount not .::eXta~ Company , tbe sumof One hundred andsix~y;,t4~saIldpOUD;~(being the~t of. ~he"_i~h~e.eapital ~utI;J.o.rised_,:,~y the ~~g~bridg~and ,Salcom~ J\ailway Act '1882 hereinafter' referredto"i1D:s ,the Kil,·gsb~·ldge .Act 1882) bv the creation and issue of new stook in their own under- ~ . taking and the Company may c;~ and il:l8Ue such stock either 53 or_.~wholly wholly or partially .as >I consolidated ordinary :stock .. or partially.as consolidated.preference stock-as they may think fit .and .the Company may create .and issue.debenture stock for ~ny amount Ii not exceeding Fifty-three.thousand'pounds (being. the amount which ~5 1?y the Kingsbridge. Ac~ :/188~ the Kingsbridge Company 'were , authorised to borrow) and the provisions hereinafter .eontained with respect to the issue of stocks.shall apply to -the stockscreatedand issued 'by, the .C . 65.-H the Company fail within the period limited by the Penalty i~~sed J 5 Kingshridge Act 1882 .as extended by the Kingsbridge and Salcomhe ~J:~~lw~:i; Railway (Extensiqn of Time), .Act 1887 to complete the railways- au- ~G:~r~e~~tred. thorised hy the Kingshridge Act HS82 the Oomp811Y' shall he Iiable.to apenalty. of fifty pounds.aday fa).' every dayafterthe expiration of ..the period so Iimited until the .said Railways are..completed and :20 opened for the public conveyance of passengers. or .until the sum reeeivedin.respect of such.penalty amounts to five per'centum .on the estimated cost 'Q£. the, works and the said, penalty.may be applied for by any landowner or other person iclaiming to .be compensated "nl . accordance. with the provisions of the .next following section of th1s .25 Act or by the Solicitor-to Her Majesty'.s 'Treasury and in the- same manner, as the penalty provided'in s.ection three of the Hailway 'and Canal·Tr~ffic.Act 185,4 and every sumof money recovered by ~ay of such penalty as aforesaid shall be paidunder the warrant or order of such court or judge as is specified ill that section to an account ~ .30 opened. or to be opened' ill the name of the Paymaster General for '':; '0 ,"; arid· 'on behalf of the Supreme' Court' of J udieature in England r.' 1 '. ~" in the' bank and to the credit .apeeifled in .such warrant or order :and , shall :not . be paid 'thereout .e~cept:":-as hereinafter provided' but no penalty shall accrue 'in' respect of any" time ..sa during which' it-shallappear'bye certificate -to he 'obtainedftom thre' Board of Trade that the Company was prevented from completing' or openingthesaid railways by.unforeseen accident or circumstances beyond 'their control pro-vided that the want of sufficient funds shall not,be-held-to bea ·circumstance beyondtheir e-mtrol. • .,.i., .. ' .." \ )',.' .. Applica~ion of 66.-'Every-sum of·moneY soracovered by way of penalty as ~fJG~sbrid;:ect :aforesaid ~hall be applicablevaud after~'due noti~e in the 'London Railway. Gazette shallbeapplied towards co~p'ensating' any landowners or .. other persons whose' property''has'been , . t :: .~~" • sufficient to .satisfy' all· just . claims. in respect of such com- :, ~ . ."peneation... then the said sum or sums· 'o~ .money ..recovered by '~way of penalty or .suolr portion th'ereol as may not be required . as'af~Je~aid,lshall either.be forfeited to Her Majesty 'and accordingly be' paid or'transferred appointed ~hall i wholly 'or in pa~ be'paid or transferred to s11ch' receiver or to' -the Iiquidator-or-Hquidators of the Company or;b~ otherwise applied, as part' ?f :th~ as~ets. bf·the' Company for· th» 'benefit of.the-creditors-thereof .' ~.'. . . . , Release of Kings- ~·67 .~In consideration '.of the liability' of. ,the Company ·to·-t~le 3.0~ bridge Conlpany's deposit. '. penalties by this A.c~proVidedSections ·3~ and:/40 of the Kingsbridge ~Act· 1882 .(relative to the,deposit) .shall be by .virtue of this Act ,repealed. And:~ the High, Oourt of. .Iustice in England shall at any time after thepaseing of .. this .Act-but .without requiring) the 'production' of ~ certificate of .. the passing of the Kiugsbridge-' Act ,'35 ,~882. .order (according' to the proviaions of the.. Act ··of.. 'the 'Ninth .and. Tenth' Years of... Her Majesty'~ reign Chapter 'I'wenty) '. the :payment or.transfer .to. the person or persons to whom the'.same has been assigned or.to such. person or persons' as;they may .appoint of the tiumof' seven thousand eight hundred and seventy-six o Great Western [lailway .Act 1888. 55 pounds three pounds' per centum Consolidated Bank Annuities now in Court in respect of the. railways, authorised by the Kingsbridge .Act 1882 and an)7 interest or dividend payable thereon. ' ':' 10 69'.-The Company with the .authority of three-fourths of Subscription to ,. undertakings of ,the votes of their shareholders present in person or by proxy ata West Drayton and generaI ~eetilng o.f the C,ompany specia· IIY. convenerd for the. pur- WhitlandCompanies,"R,ailway }Jose. ~nay in their.0'Yn name from time to, time subscribe for and take.. shares in or by lending money on .mortgage or subscrib- 15 ingfor or taking debenture stock. contribute fli~ds towards the undertakings of the 'Vest Drayton Company and the Whitland Com IJRny or either of, them to anyamount not exceeding in the case l of the West Drayton Company the SU~l of ten thousand pounds and. in the case of the Whitland Companythe sum .of ten thousand 20 ·pounds beyond that (if any) which the 90mpany axe already authorised to contribute: . Provided always that the Company shall not sell transfer or dispose of any shares or stock so held by them: . The Co~panyshall in'respect of any shares in the WeatDrayton 25 and the Whitland Companies respectively held by them in virtue of any such subscription have all the powers rights andprivileges (except in regard to voting at general meetings which shall be as hereinafter' provided) and be subjectto all the obligntions and liabilities of pr<-· prietors of shares in those Companies re~pec1iyely : 30 ·The Company when they have become shareholders in the West Drayton and the WhitJand, Companies respectively may by writing". under their common seal from time to time appoint some person to , attend any meeting of' those Oompanies respectively and such parSOIl. ethall'have all the privileges and powers· attaching to other share 85 holders at such meetings:and shall be entitled to one vote in respect 'Of, every fifty pounds of. the capital held ~by. the Company in those Companies respectively : I• /; .. , ',' 'P ".', ,.0 • 0./ ". ~ 56 fh.eat Western Railw(Jy A~t 188~,. Every such appcintment lly the Company '0£' any persoll to vote on their behalf shall be delivered to the respective' Company and kept with their records and shall be at all reasonable times open to the inspection and itrenscription of all parties interested and every. such instrument shall as between the Company and the 5 respective Company as aforesaid be sufficient evidence o(the fa~t therein stated: . The Company. and the West Drayton and the Whitland Companies respectively may make and carry into effect agreements with respect to the .matters aforesaid so as the same are 110t ineon- . sistent with the provisions of this Act. 1() i • Power 'to Com 70.-The 'Company from time to time by the order .of ~ny. pany to raise ~f n~w additional capital general meeting the Company may create •and .issue shares or stock for such.additional capital as they shall think necessary not exceeding seven hundred thousand pounds exclusive of the other capital and other, moneys which they ar~ or may be authorised to 15 create.and issue or raise bythis or any other Act or Acts of Parlia .~ ment and. the Company may create and issue such new shares .or . stock either' wholly or partially as ordinary or wholly or partially as preferential shares or stock as they-may thinkfit, ' As to dis ..,u8al 71.---Notwithstanding anything contained in Part II. of the 20 by Oompany of new Shares or Companies Olauses,Act 1863 the Company may from time to time Stock. in issuing any portion of the additional capital by this Act authorized dispose of all or any of the shares or stock representing the same at such times to such p.ersons on such terms andconditionsand in such manner asthe directors think advantageous to the Company. 25 PO\\7er to Corn 72.-1£ the. Company after having created any new shares or pany to cancel unissued Shares stock under the provisions of this Act or aUJ' other Act or Acts of or Htock Parliament relating to the Company or to any Conipany amalgamated therewith determinenot to issue the whole of -the shares or stock so . created they may cancel the, unissued shares or stock and m'ay from 30 time to time thereafter create and .issue instead thereof other new shares or stock of .an aggregate amount not exceeding the aggregate amount of the shares or stock so cancelled and in like manner the Company may create and issue' new shares 'or stoek In Jjf1l"" of any new shares or stock which ma)T have been issued and redeemed orin :35 lieu of any certificate entitling the holder to be registered in respect c)f shares or stock. • Great Western Railway Act .. 188~~ 57 e } 73.-The Company shall not issue any share nor' shall any' ~bares not to he . . '. Issued by Com- share vest' in the person accepting the same unless and until a sum pany until one- ..' ...... ' . fifth part thereof not being less than one-fifth or the amount of such share shall have shall nave be...n .been paid in respect thereof. paid up. ~ ,74.-'Except as by or under 'the powers of this Act otherwise. Except a~ other- . provided the capital in new shares or stock created bY the Company :h:tsr~;~t~k~f under this Act and the new shares or stock therein and the holders Company to be aubject to S~IIlH thereof respectively shall be entitled and subject to the same incidents as other shares or stock, powe~s provisions liabilities rights privileges and incidents whatsoever 10 in all respects as if that capital .were part of, the now existing. capital of the Company and the new shares or stock were shares f r stock in that capital. The capital in new shares or stock so created shall form part ?f the capital of the Company. " • 75.-Every person who becomes entitled to new shares or stock Dividends on I1A'V ~J 5 of the Company under this Act shall in respect of. the same be a shared or stock of H. . '" Company. holder ofshares or stock in the Oompany and shall be entitled to a t dividend with the other holders of shares or stock ofthe .same class or description proportioned to the whole amount from time to time called and paid on such new shares "20 76.-Except as otherwise expressly provided by the resolution Restriction as to creating the same no pel'son shall be entitled to vote in respe3t:oI votes in respect of preferential any new shares or stock of the Company to which a preferential shares or stock -of Company- . dividend shall be assigned. 77.-Subject to the provisions of any Act already passed by New shares or -rock o~ C tH'pally '"'25 Whior- ht he C oIIlpany are .authorise · d to create new sh ares or stoc k r.used under not already' issued and to the provisions of this Act and any other T,bis Act an~ any . . · other .A.ct of pI e- Act"passed in the present Session of ·Parliament whether before sent Session fisty . . be of tame c'a-s. or after the passing of this Act by which the Company may be . authorised to create and issue capital bynew shares or stock the ·30 Company may if they think fit create and issue new shares or stock of ofJ.e and the same class for all or any part of the aggregate ~ct ~. capitalwhich they are by such other and this Act respectively authorised to create and issue. by'tho creation and issue of new shares or stock. 78~-TheOompallY may in respect of the additionalcapital of Power to Com- ..3__ . d·' '. pany to borrow. seven hundred thousand poun s which they are by this .1.ct· . authorised to create and issue from time to time borrow 011 •I! I • 1 1 1 68 Great Western Railway Act 1888. mortgage of their .undertaking any sum not exceeding in the whole two hundred and thirty-three thousand. pounds but no part thereof shall be borrowed until shares for so, much of the said capital as is to be created by means of shares. are issued and accepted and one-half" of ·such capital· is paid & - . ~ up and the Company has proved to the Justice who is tc certify under· the Fortieth· Section. of the Companies Clauses Consolidation .Act 1~45 before he so certifies, that shares for- the, whole of that capital have been issued and, 'accepted and that One half of that capital has been paid up and that not less than One-fifth 1{} part of the amount of each separate share in that. capital has been . paid on account thereofbefore or at the time of the isstie or accept ance thereof and until stock for One-half.of so .much of the said additional capital as is to be created by means of stock' is fully paid up and the Company have proved to sneh.Justice.as aforesaid before 15 he sq certifies that shares or stock as the case may be were issued and accepted and to the extent aforesaid paid up bona :fide and are held by the persons or corporations to whom the same are issued or their . executors administrators: successors or assigns and also so far as the said.capital is raised by shares that such persons or corporations or 2(} their executors administrators. successors or assigns are legally liable for the same and upon production. to such -Iustice of the books of the Company and of such other evidence as he shall think sufficient he shall grant a certificate that the proof aforesaid has been given which shall be·sufficient evidence thereof. 25- Company ·may 79.-The Company may subject to the provisions of Part III. iSSUA debenture stock. . of the Companies Olauses Act 1863 create and issue debenture stock but notwithstanding anything therein contained the . interest of all debenture stock at any time after the passing of this Act created and issued ~y the Company shall rank pari passu 3(} with the interest of all mortgages at an)T time after the passing of this Act granted by the Oompany .and shall have priority over all principal n10neys secured by such mortgages. As to fractional 80.- Notwithstanding anything in this Act contained no person parts of a pound :,f stock-of the or corporation shall ,become entitled under this Act to' any fractional 35r Oompany. part of a pound o~ stock of any denomination (including debenture stock) in the capital of the Company but in every case in which any such person or corp.orationwould but for this enactment have become entitled to a fractional part of a pound of .any.suoh stock .the Com- pany may at their. option receive from such person or 'corporation such a fm-ther sum in-cash as will make up an even: pound or pay to .such .person or corporation in cash the amount of such fractional part, 81.·-All moneys raised by the Company under this Actwhether Applicatio.n 0df ... '.' moneys raIse b1 5 by shares stock debenture stock or borrowing shall unless otherwise Company. provided by this Act be applied only to the purposes of this Act to be carried into effect by the Company and' to the general purposes ofthe undertaking of the Company being in every case purposes to which capital is properly applicable. 10 82.-All mortgages or bonds granted before the passing of this MortgaBesalready · h J! C h granted by Act by the Company, or by or ill t e name 0.1 any ompany W ose Company to have undertaking is under the powers of any Act of Parliament purchased priority. by the Company or amalgamated with or vested in the undertaking of the Company shall during the continuance of such mortgages 15 or bonds and subject to the provisions of the Acts under which such mortgages and bonds were respectively granted have priority ( over all mortgages g-ranted after the passing of this Act by the Company. Bu~ nothing in this Section contained shall affect any priority of the interest of any debenture stock at any time created 20 and issued by the Company, ! 83.-The Company may from time to time apply to all or any Power to Com- of the purposes of this Act to which capital is properly applicable ~::l~~ ~g~~yS any moneys from time to time raised by them and which are notby ~Ju~osesofthis any of theActs relating to the Companymade applicable to any special 25 purpose or which being so made applicable are not required for the special purpose And the Companymay from time to time for the general purposes of their Undertaking and for the more efficient working of their traffic issue .any shares or stocks 'which under the authority of any Act passed prior to the present .30 Session of Parliament the Company may have created or may hereafter create but which are not or may not be required for the special. purposes for which such shares or stocks respectively were authorised to be created Provided that all money raised by the issue of such shares or stocks shall be applied only to purposes to ~5 which capital isproperly applicable. . '. 84.-'-The-Dldbury Railway Company may for. the purpose Power to Oldbury o£discharging their debts' and' 'lia1>~tie~"and .for the general ~8~:';~~(jmpany Q purposes oft'hett'tTndeHaking an~/or ·purp~ses. c~Imeckd:':t:aereWiih from ... t~e to 'tiine' -b'oITOW on ~ortkage of their ulId'ertaklng:' in .addition. 'to"the sums which they are :already:authorised' to' borrow any ~um or sums not exceeding in the whole seven thousand five hundred pounds, 5~ ",\ Provisions as appointment of 85.~Every.provision in any Act passed before the' present Receiver of Old Ses~iQDJ bury Railway of Parliament. whereby the Oldbu·ry Railway' Company is Company. authorised to-raise by borrowing money for the purposesof their undertaking with respect to the appointment ofa receiver' for enfore- ing payment by that Company of arrears of principal money or 10" Interest or principal money and Interest- shall be· and 'the' -same are hereby' repealed but. without prejudice to ~ any appointment' whieh 'may have been,made or to the continuance ofany proceedings which mayhave been commenced prior to the passing :0'( this ·Act· under ' any~ such provision. The mortgagees of the Oldbury "Railway 15·· .Company may enforce paymentof arrears of interest or' principal or <~ r, principal and interest due on their .mortgages by the' appointment .of J~. receiver: and ;in· order to authorise the appointment of .a receiver in respect of arrears of' principal or interest .or prinei- .. palandinterest the' amount owing to the mortgagees by whom the 20,' application for areceiver is made shall not beless than three thousand J':~ pounds in the whole. . . ., ' .. ~~~ority of exist-., '86.-'All mortgages and bonds (if any) granted by the Oldbury Ing mort8...ages by 'tOld bury Rail~a~ Railway Oompanyin pursu~nce of the powers of any Act' of Parlia- Company. moot before the passing of this Act and subsisting au the passing 25. hereof .shall 'during the continuance of such mortgages and bonds have priority -, over any-. mortgages of:the Oldbury Railway Company g-ranted'-by virtue' of this Act but nothing in this section contained shall affect.any priority of the interest of any debenture stock' at any. time created and issued by the Oldbury R~ilway Oompany. ! 3(} -.J Oldbury Railway 87.-The Oldbury Railway Company' may create and is~ Company may create Debenture debenture stock subject to .the provisions of Part' III~ of the''Cam Stock panies ClausesAct 1863 butnotwithstanding. .anything therein eon- .tained. the :·.int~rest ·.of~t}ll :debepture,·stock··and of all-mortgages .. it any time after the passing of this·.'.A~t..qr~a,t~d: ..andissued.cr...grB;iited ~6 by that Company under this o_~ any subsequent ~c.tshallsubject to :..~ \ r , 1..; .: _I ' I :' .the:prirv~ioris,I,:_o~j::~ny:.c~~~~~~u~~.t;_;'~~~..,~Ii~':.p~ri,~'~_~~~~.·:(~~h~~t -',., .:) ~ ~ .., ' " respect to 'tbe:dittes:df r·;tliaj~t:!cul.'itie·Ero:t4bf the 1tots o~ Pa~liatI1ent ~o~ I; .61 resolutions by which the· stock and. mortgages were authorised} and shall.h'ave, priority'.oyer all,' principal . moneys secured. by such mortgages, Notice of the effect of' this.enactment shall be endo:....sed -on all mortgages and' certificates of debenture stock.. 88.-.All moneys raised by .the. Oldbury 'Railway 'Company Applicat~on of .• • moneys by Old· .under ,tIllS. Act whether "by :..debenture 'stock or borrowing bury Railway shall be applied only iorthe gener~lpurposes ~f the Oldbury Rail- Company. way Company's undertaking being in.:every·. ~ase'purposes -towhich capital is properly applicable. . 10· 89.-The:· Company ' and the North Western Company Power to Corn- • . . '. ,_ • pauy and North respectively may'. apply to the purposes' of this. Act. which they Western Company · 1 d'" d hi h to apply corporate are respective y empowere to carry Into execution. an to w C fund's to purposes capital is properly applicable any of .the moneys. which they now o~ Act. ", . ~ have in their hands or which they have 'power't'o' raise byshares i5 stock: debenture stock or 'ni~rtgage by virtue of any Acts relating to .such Companies respectively and which may not be required for the "purposes to 'wllicll .they . are by any. such Acts -madespecially . ap~licable... . .'.. ··-90.~No interest, or' di.viue.ti.d snaIl bepaid out ·of.any 'share .or In~derest no11t to ?de . ..• "'. . . pal on ca s pal I' 20;'loan capital which the Company or the Oldbury Railway Company upin the Com- -, respective· Iy a.re by t'hi's or any'otherAer Actt authori.orlseod't raise· t 0 any panyRaitwayandCom- Oldbury . shareholder on.the amount of 'the calls' made ~n respect 'PI the shares. pany. .. ~.' held by him but nothing in this Act shall prevent those Companies from paying to any shareholder such interest on money advanced by -25 .11i~ beyond.the ainount of the calls.actually madeas isinconformity .. ~vitll. the-Companies Clauses ConsolidationAct ~845~" 9.1,·~The. Company and the" Oldbury Railway Company re- Deposits. for ...... future BIlls not to ~ .spectively-shallnob.out of .any money by thIS Act authorised to. be be paid out of . raised hy them respectively payor deposit .~ny sum which byany capital, -30' Standing 'Order-of either House .of Parliament now 01:" hereafterin : force may:. be -required to.. be deposited in"respect of ~~y application . to Parliament for 'the.. purpose- of obtainingan.Act authorisingeither '.'of .them -35 9~.-Nothing in this Act or in any of the Agreements scheduled ~~O~~~lp~~~~~3t~; atf~t.:,·-the·.:rights .".hereto sliall .. of the Postmaster-General < under the General. . R •;G1'efit 'Western: Rail'liiay···Aet 1888~ ~relegraph Act 1878 to place and maintain telegraphic lines' ill tInd~t:upcinalong over or across any Railways or works authorised by any Act passed after the Ist d'ay of January 1S78and comprised ill any Undertaking by this .Aat transferred to or vested in 01 authorised to be leased to or worked by the Company and from f). time' to time ·,to: 'alter such telegraphic Jines and to enter upon the'· -.. ". ( Iand and works comprised in any such Undertaking for the' purposes ,in the Telegraph Act. 1878 specified arid the Postmaster-General 811a11 after the passing', of this Act.be at liberty to exercise 'all ti.le rights aforesaid in respect of any such 'Rai1w:ay and worksnotwith- 10 standing tEat any such Undertaking as aforesaid is owned leased or . workedbytheOompanyor amalgamatedwith theUndertaking thereof, . "alld as freely and. frilly in. all respects' as l1e was'entitled to do before .the passing of this Act. ! .;. ..'. ., , Shavicng rights of., '. - ~3.-.Nothing'..contained in this Act shall authorise the Oomp.,my 1 r::. . t e rown In the" . - . '." ..,. tJ' foreshore. .totake use orin any,nl:an:I:l~l" interfere with.: a~y portionofthe shore . OJ; bedof the sea or of any-river channel- creek bay or estuary or any l~ight .in respect ~h~req£ belonging to.'the 'Queen~s,1tfost Excellent Majesty in right of Her Crown and u:rid~r the management of.the Board of Trade wit.hout the previous consent in writing of the 2(} '.Board of Trade'on;behalf o£IIer Mare'sty (which consent the" .Board -of Trade ~ may give) neither shall anything in~ 'tIlts Act' contained "extend to take away, .prejudiee-diminish or'alter"any ofthe estates ". :'rights privileges powers or: authorities' vested in.' or eil9oye\(1 or ~ exerciseable by the .Queen's l\fajesty herheir..s or" successors; 26 . e, .. ,I.· •••• Saving rights of . "", .. ··~'94.-Nothing contained in this: Act shall authorise the Company the Crown. to take use or in any manner interfere withanyland or hereditansetrts or any rights of whatsoever description belonging to the QUtJell's Most Excellent 'Majes~Y'ln right .of .Her Crown and .utrder the management of the,Commissioners of W'oods; without the consent in .3O' '·writing -. of the Commiesioners 'of 'Woods on behalf of Her Majesty . first had and obtainedfor 'that purpose (which consent such Commi-t ·sioners are hereby authorised to givejneither shall anything in this '. Act contained extend to take away prejudice diminish or alter any , of the estates rights privileges' powers ,Oli, authorities vested in or 35 enjoyed or exerciseable by the Queen's 'Majesty her heirs or successors. Saving rights. of the Duchy of ,95.---Nothingcontained in this Act 01' in.anyAct or Acts lllcor- Cornwall. .~ ~ n ~ ~ I' I: t f r: U t j., t I' I ar6Ot~ Jlf:~te!?A..!;(Ji!wf1'lI ,4d I 88~., ~\., ...... , 1. ... ~.,.Jo •. !' v . '.q: .•.•• ~~ ~,.~' ..:.: . .:.~;..:' li ~ ''':.', ~h' porated herewith shall extend to authorise the Company to take use enter upon or interfere with any land soil or water or any rights in respect thereof belonging ,to Her 'Maje~ty, her heirs or _successors in right of the Duchy of Cornwall without the consent in writing 5 of SOUle two or more of such of the regular officers of the said Duchy or of SUCll other p~rsq~s'ns may be duly authorised under the provisions of the 'Duchy 'of' Cornwall Management A'ct 1863 Section 39~' to exercise all or, any of the rights powers privileges and authorities by the 'said ~Act made exereiseable or otherwise I 0 .for .the time. being exerciseable in relation to the said Duchy or.. belonging to the Duke of,Cornwall for the time being without the consent or such Duke testified in writing under the seal of the Duchy of Cornwall first had and obtained for that purpose or to take away . diminish alter prejudice:or affect ~ny propertyrights profits privileges 15 -, powers or "authorities v~stecl iIi or enjoyed.by Her Majesty her heirs ,or successors in right ofthe Duchy of Cornwall or in o.r by the. Duke .of Cornwall for the .time being. ' 96.,-Notl1~ng in this Apt contained shall exempt the Company Provision as to or tHe North Western."Qomp31ny or 'the Oldbury Railway Company ~~~~ral Railw:J;T 20' or their.. "respective railways from the. provisions of any general Act relating to railways .0]1 the better or more impartial audit of tho .accounts ,0£ railway Companies now in force or which' may hereafter pass during this or any future Session of Parliament or from any future revision or alteration underthe authority of Parliament of 25 the maximum rates' ~t fares and charges\or of the rates for small parcels authorised to be taken by those Companies .respectlvely. _ ., . 97.-AII costs charges and expenses of and incident to the Costs of Acto ;' preparing for obtaining and passing of this A0t or otherwise in relation thereto' shall be paid: by the Company. -lSCHEDULES .' Schedules to which the foregoing Act refers. I).ES(fRIB~G. LANns BUILDINGS aD.d_:MAN.~Ao~oRms whereof Portions only are .required to be taken.by the, Company. No..on De Railway. Parish. posited Description of Property. Plan. No.1 St. Philip and St. 1 Rough ground tips and jacobWithout . ; garden ground. ''\, No.2 Do. - '1' Rough ground tipstramways '. .and garden ground.. Do. 2 Field. Do. 3 "Field and clay pit•.. Do. 26, House garden outbuilding 'and fowl houses: . ,I~o..3 Do. 1. Rough ground tips and garden ~ound. I. Do~ 2 Field. Widening of South Devon Oornwood 65 Garden ground. '.Railway.-Hemerdon Junction to RatteryJunc- .Bouth Brent 12.3, Plantation.. tion Do. 125 Plantation. Do.. 126 Garden grou~d and footpath, Do. . Rattery 2 Stable and yard• Do. 3 Park land and tl'ees. Do. 4 Field. Do. 5 ~ield footpath and trees. Do. 6 Plantation. Do. 6A Plantation. Do. 9 Plantation. No. on De- ' Railway. Parish. posited Description of Prope·rty. Plan. Widening of -South Devon Rattery: 10 . Lodge and gardens. Railway - Hemerdon Junction to Rattery Junc- Do. 11 Private road. tion Do. 13 Field. • Do. 14A Orchard. Do. 14B Garden. . Do. 15' Garden and mill aqueduct. Do. 17 Garden ground under rail- way bridge, . Widening of South Devon Dawlish 13 Cliff plantation and footpath.. Railway-Pal"sons 'I'un-. nel to Dawlish Do. 17 Plantation. Do. \ 18 Plantation and footpath. Do. 19 Field. Do. 24 Cliff rough land footpath and- trees. Do. 25 Ornamental ground 'footpath and trees. . Do. 43 'Field and shrubs. Do.. 44 Plantation. Do. 45 . House stables outhouses and ornamental grounds. Do. 46 Ornamental ground trees and footpath to beach. Widening of Bridge pvcr St. Philip and 1 Railway yard and weighing- ,Avon Street Bristol St. Jacob machine. Without· Do. 4 Yard and workshops .. 66, No. on De- Railway. Parish. .posited Description of Property. Plan. ------'-1---__---1------~~--~---- Widening of. Bridge over St.PhilipandSt. ,,'0 -1 , Houses yards pottery sheds .Barton Road Bristol .. JacobWithout and'buildings, ~ Yard and outbuildings. " ",Vidonillg of Bridge over ..... Do. · 1 Railway yard and works FloatingHarbourBristol " connected therewith. Lands in the Parishes of Clewer 7, Yard stables workshops Clewer and NewWinds6r sheds sawpit andmachinery. Do. ; C24 Garden and carriage house. Do. ~ ,~5, . Part of ,y~rcl and gasworks. N ew.,Wjndsor 1 Gardeh anclshed. . , Do~ . 2 Yard sheds steps and garden. i - Db. Yard and shed. .. " 1 .. i Phil~p Lands in 0 the Parish of St·. St. and St. 4 Yard and workshop. philip' and St. 'Jacob Jacob Without 'Vithout· I Do. D Housed yards pottery sheds and buildings. .. D~. 5A Approach to yard. D9. 6 Yard and outbuildings. LUllds in the Pansh o~ St. . Roath s Fi€\ld. :Mary.the 'V"irgiJi~ Cardiff and Roath ,.' ,.... ... , 0' I ~ C' "." I• • I· l .(heat;'. Westem··'.Rail'l!Jay ;.Act ,1888.• 6.7 . .~,....", .. :-" - .. ;'.~- . ." .&... .~, ...... ,.~' SEOO ND SOH ED ULE. FIRST PART. SUP ER FLU 0 U S LAN D S 0 F· THE C 0 lVlPAN r. CORNWALL. SOMERSETSHIRE. ··St. lves. Axbridge. Castle Cary. DENBIGHSHIRE. Cheddar.- . Churchill. Oongresbury.. GLAl\fORGANSHIRE. Marston Biggott, Bedwas. . Queen Camel. 1tferthyr Tydfil. Rodney Stoke. St. Cuthbert Wells. GLOUCESTERSHffiE (City and County of the City of) Westbury. Winscombe. 'St. John Baptist Gloucester. Wookey. GLOUCESTERSHIRE. ·STAFFORDSHIRE. Barnwood. Bushbury, MO~MOUTHSHiRE. . .' W ARWICKS~E.· .Abergavenny, Asto~ Juxta Birmingham.' Llanfihangel Pontymoile. Bishops Itchington. OXFORDSHIRE. WILTSHIRE. ·:St. Thomas Oxford. Rodborne Oheney. 'Varminster. SHROPSHIRE. Donnington. W ORCESTERsrrmE. ·St. Alkmund Shrewsbury. Dudley.. ··Wembridge. St. Jolin Bedwardine. SECOND PART. SUPERFLUOUS LANDS OF THE COMPANY AND THE' NORTH WESTERN COMPANY. DENBIGHSHBE. CHESHIRE. Wrexham. 'St. John the Baptist Chester. .-St, Oswald Chester. Hope. 68 \~---' 'THlRD SCliEDULE.· ·LANDS AOQUIRED BY THE COMPANY AND THE NORTH WES'FERN COMPANY. 11~ the Oounty of Salop. . Certain lands in the Parish of Onibury in the County of Salop containing 3 roods 11 perchesandlying on the north-easterlyand south-westerly sides of and aajoining,~the'Shrewsbury and Hereford Joint Railway. 11~ the Oounty oj Hereford.' Certain lands in the Parish of Leominster in the County o~ Hereford, containing 17 perches on the east side of and adjoining the Shrewsbury and Hereford Joint Railway, ~ : '. ilttitltS.Of.agft.t~t~t. datedtiie Tenth d&,Y(jfAt1g~sfp . One thousand. eig~t. hundred and eighty-six 'between THE OLDB~RY RAILWAY'· ,qQ~PANY': (hereinafter called "'th~ Oldbury '. .' COIppany") of the one .. p~rt .. and ~HE GREAT WESTERN RAILW~Y COMJ;>AN'Y (hereinafter .Called "the Great Western 'Company") of the ot~er :part. ...". · WHEREAS the Oldbury Company by its then name of the Dudley ancl Oldbury !J~nction. Railway .Company was incorporated by the Dud;lley'ana Oldbury Junction. Railway ~~~ 1873 and was authorised by that Act as amended by the. Dudley and Oldbury Junction Railway Act 1876 to con- 3i~' < , struct Railway ;31 miles or thereabouts in length commencing by a, junction with the Birmingham Stourbridge and Worcester Branch of the Great -Western .Railway .and terminating by a junction with the South ._.... Staffo~dshire Branch of the London and North-Western Railway And whereas by an Agreement made the" 29th of, June 1877 between the Dudley and Oldbury Junction Company of the' one" part and the Great West~n:t .Company of the other pa~t the Dudley and Oldbury Company '.' undertook to construct the Railway above described and upon the com , . pletion thereof the Great W estern Company undertook to work the·same· "(lpon . the terms therein mentioned and in particular the following articles :- . " ARTICLE 15. The gross receipts due to the Dudley Company shall " consist of the whole amount (including terminals at Stations on the " Bailway) of all tolls fares rates.and charges for local traffic over the 'Rail '.' way andof an equalmileage proportion of all tollsfares rates and charges __ ... ", for through traffic such mileage proportion for distances over twenty miles ,I .• ".not being less 'than the maximum rates which the. Dudley Company are '" .ce. authorised to charge as for three miles (including all terminals proper as ,i settled by the Railway Clearing House) (the"terminals 'on 'coal and coke; " being taken ut threepence per ton at each ~nd; ~nd on iron ore at fourpence I' "·per·tonf" but' not ineluding paid 'on's.and 'moneys actually charged and .•.paid for 'the collection cartage "bbatnge and delivery'of. goods and other .... . 6; tr~ffic to or from any Terminus' or' Station of the Railway or of the I ".' IC areat Western Railway or any 'other Railway lying'.beyond which last ;>:( . u' mentioned anibililts shall be iIi alleases 'deducted and retained before the .. ~ apportionment b,ccbrdirig td'mileage.. Provided· .always -that as respects .~ ~'Through Traffic under 'twen.ty miles .the 'Dudley -Company shall ip U no case receive) orbe credited 'with .: 0. -less -proportion .of the -tolls.fares ~, rates.and charges in respect-of .that.traffic-then three .miles." ," ARTICLE 16. In ,ali cases where ithereare sidings from the Railway ~, into .collieries a~d·"otner·.~~rks:such.sitii~8":Rbal~ '. respects terminals 4' for goods or minerals received or delivered thereat be taken and considered '" asif they were Stations." "- . ·»: ~, ~:aTICLE'.1 7.~ ,The total amounts... of ~11 suchgrosal~c~,lI?t~f,:r~~f4~~ly , ·~.'·in' respect :0£ the ,Railw~y and.the tr~ffic 'thereon recei~~ble'py:tite;:(}t,~at _ '~' Western Company in'each half-year such ·half-ye.ar,s' erldirigr~spectively , "I, onthe 30thQf June and theB'lst ofDecemberin each ye-ar"s~~ll after the - ,,!,.deduction.therefrom of" the Government Duty.:on passengers if and so ""'long as the Railway is worked as apassenger Bailway'be 'divided between . 4' and belong to the two Companies-m. the following proportions (th at " .ii'Is to say) ~~ ., '" Frasr, The Great "Western 'Comp~hy 'shall' retain 50 -per eeht, ,', thereof which shell ibelong to :-them and sb~ll' covcrall their ," e~penses .ofand.incident to' the management maintenance repair " working and" user by them of the Railway andtheirother -expen- '" diture. and liabilities under this .Agreement." .. ... '~'~E90NDLY. 'Tbe.Dudley Company shall be entitledto and have '~.he. ,~ remaining ,50 per cent. .thereof hereinafter 'called ':The'-Dudley "pe~ centage.' " . .. .' , 'AND WHEREA~by Heads of Agreement-dated the 17th.N~vemb~r . ~1880~ and made between the Dudley and· OldburyCompany of the first ,Rart ~ G:r..~at I • 'the Directors of the Oldhury Company.. ofthe second' part and the 'Ya~ .. "Western .Company of tne third part it. agreed I that the QIQ9:ury 'Company should apply to Parliament in, the ·tben ensuing Bession .,fq~ a .- Billto revive thepowers f~r the purchaseof land .and for an extension of :. 'time for the.construction of 80 'much only of the authorised Dudley .flnd . Oldbury Railway as,lay between the junction thereof with the 'Railway of , -the GreatWestern.Company and: the site of an intended Station and ~~8in 'i~ the.Parish of Halesowen. No, 26 on the deposited Plans' 'and .to te4uce ·:th~~, Capital fro~,£!OO,OOO~~'Q a.sumof £70,000,'of.wbich,the Great' We~tern _'Oomp.any undertook.-to flPd·£5().,O()q.~- After .. making . provision . fo~:: the .J~j~.QQf1rge of.,~~e debts and Ifab~l~,ti~~ of the ~u.aley: and Oldbnry Go~:aany t,ne Agr~~lp~nt provided (Article.!!) a.s follows r-e- , .. - '-"; '" ~. ~ -; , c 'The··existinw·agr~e~ent:between-the. GJ;~at: W~~t~+~- Cq~p~ny ~ ~nd ·1 c. the'Oldbury. CompaHY1.to ;.~be :1 applicable: ·80 ;fa;r.as it. can, ;b~~ made ~ ':~~i1w~y~ i.l·et~rred t~ o~ ~~~es,&ary • ;. - ; •'. J ',' :'80 . to .the hereinbefore I if', a .... '-~ '.:' ";.. n~wrAgre~~nt on f}3ilmil.ar .....~~r~,s,.·~~\rn~~. as ~~y,;- p~.~n~6ierY ~ {"j~~pect P~t:y,v~~l:l~Jt:P~:.Q~RP!YI.9qp:lpMly;~and I, .: " •• .' to-be-entered into ~:~."'.~: . ,'tJ3e':(ireat-!Vv'es,t,er¥i CQ~PJl;ny~ wijh;~~~f~Fx:Q.~~ ~b~mw..;'ri fie"'l,'"' ~ 4 , , '-" J• ,lrJrea.t Jfest~1'1, Ba~~1vay4~t ~~8,~. 71 ,~:.,?:~<~ 'l~ ::'.::!;, \i. ~ ":" \\. ';·;-;t ' :~ ll,~,~~~:.~'\l . ~~.'~ ~:ND -,WHEREAS 'by:the Oldbury Railway l\.Ct 1881 the powers " ·:\Vi~h~~P~C.~.~9;:t1t~':~O~Ul$Q~)p~t'~lia~aria J;t~~ngJ of. the:.~~s;x~fd;p.i~~§l "~OT ,;t~e~,~h:or,teIied ~ ~rne: arid~,~fQi'-!.lthe ~OOt1st~ction~' of:.:wqrks.. were extended it:4~ ,inani~,of:.theCottipany 'Was ehailgedto:thatof:the Oldbury.Beilway Compw ·...and /the Great -Western ~~Cornpa)1y .wers authorised .to .subscribe £50;0,0'9 · -iiowards the undertakiIlg and to appoint .Directors ,~hereof.. .' , '.' A:N:p WHEREAS the said shortened line was .duly .constructed -snd wasopened for public traffic on the qt~ day of November 188~, .. '.'. " AN:P W~EREAS -in consequence of the altered circumstances -of the "'Oldbury Railwayit has -become necessarytbat 'a'new Agreement shouldbe -entered into between the Oldbury Company and the Great .Weste~n 'Company in lieuofthe said Agreemen-t of'the 29th.ofJune 187'7. '. .. NOW· THEREFORE.thesepresents witness that it is.hereby.mutually "~agreed ,by ana between' .the Oldbury Company .for themselves' and their .assigna of'the one part and the Great Western Company for themselves ...andtheirassigna oi the other part "as follows (that is to say):--:- '' ARTICLE 1. The' expression "the .Railway'~·wherever ,hereinafter employed means and includes the Railway of the Oldbury Company as the ,~·.:Same ~ , .has been authorised and I constructed .and the sidings . stations '-1l.pproaches junctions works .and conveniences connected .with .the, said • 'Railway including all works and .conveniences for landowners .,,~.!.~id".ot~·grs .vwhich under Act of Parliament or cOlftract the Oldbury C~J1lpal1Y are ,~~re -or may be bound to make. . - ~ ...... '. ' . " . r , ARTICLE 2.· The. word",tra,f&c ",wherever hereinafter employed means :'~~d i~ci~d~sallpasseng~rssm~ll,parce~~.mails .animals goods rilin~rals and .merchandize or' other, traffic whatsoever (unless the context show~ that any " o~'~ :.~~ ~ore of l's~~h l{i~ci~ .of tr'~ffic' i's' n~t' int~~ded. to be' included) whether· · :local.or ~p;o~g~':conveyedor tobec~nvey~i(by ~heGreat Western Co~pa:ny ·:~~.~he;aa~lwayorany~partthereof " L. . ARTICLE.. 3. If and whenever ~ny further or addition'al'slding~ or 6ther ~ .. ~orl~~ or conveniences are foundrequisite for the due 'development or the ~safe accommodatlo~ deli,:erY~Qf ,J and convenient reception conveyance or trM1:c v . onthe Railway or for compliance .with the.zequirementa of, 'any;,,-Acts: o, ~ ...Parliame.l1t '.01' the obligatlon~ of .any ' cont~a~t: binding on 'the nldhury .. :~~~pa.hy.-t!l~ slLIIle shall at the request of the Great· Western. Company ...subject to t1?:~ .proviso hereinafter contained be p~ovided:' by: ~fi~ ~t .·~he "',expense of the , r. Company J and.ithe.. S.Po~e.'Yhep.j completed ~~h~ll~~rJ,th~,.:p~~~,o.~.xs•of ; this ~ J?~rt,~f ~~~ ~~i! ,v~y ~ a,l~~~~si,,~}t~.}~~J..'·Y"- .. I UA..greement be deemedto 12U Provided . '" . . ','. 'f," r : .1 J\ ... 1;' Great Weste11l, Railway Act 1888. ". , ~:;[·.Lt.' .".,:' .': /. ',:,",/ ;:~;~ ;~C ~~:'J;.;~:'t;"J(:~ ~,~rr 7<·' ;:'~'J...~~":::~::;' ,:~ /l (~>:'~; :differeIice.~l1all"arise,betweenitbe Qld~l1tY ;.C,~PlP~U;Y i~tqd:-,~Ae ,G-r~,~t 1Y~~:t~J;ll',:· {Gompany"'8,s. tothe expenditare on such)fij.r·ther'p~·, ~ Agreement. ".. i, ARTICLE 7. The Great WesteruDompany may and will with engines . and rolling stock use the Railway and convey traffic 'thereon in a,propersafe , and convenient manner and so asfairly or' properly to develop the traffic "of '.-'the Railway and to afford reasoriably'sufficienf accotnmodationto thedistrict ..... 'to- be "served by the Railway Provided always that the Great 'Western . 'Company shall not be required to run'pasaenger trains over the: Railway.or '. , to ~se the same for passenger; traffic but theyjJ1aY' do TS~ if they so' elect.' '. ~ .. '- .ARTICLE.8.~ The Great: Western Company will provide andemploy..all... clerks porters engine drivers, guards watchmen workmen .and .servanta ,~~d *" .. ~~Jt 9~p.~r officers for the Oldbury Company "(exc~pt their Secretary a~d his.. L:!,,~t~g jf' any) and all. n~~e~~~ry. 'statio'Ii :masters", and .t4e', ~':J;~at Western. .' .. ' 'Co~papy ;~ ill also provide all .such locomotive powerengines wagons '~nd s: • rolling.stock.of. every description (e~c~pt ~ag~n,s for~ ~iJ.?'e!al 't~~ffi6) pl~nt ,;t~rf\!3-or materials ana labour as, shall 'be proper 'ana '~u:fticient for ,the ,': ':~OJJp)}g;~pd use of ,the Raj1wa:r. ;~~d ev~ry~o'~tio1?- ~~er~~£..9y 'the: G~~at . ..;' We~te1;,n,; OQ1DPfj,P-Y and .for .~4~ ..reception :accommodation .conveyance 'and .. .'. . .".. , '.., . . '. l.... I ~ ro' :,~ I:;, . :i :' del~\~ery.by them 9~ .the. t~~~c ~~~F~pn.aA~~J;1e Oldbury..qo~pa~y shall hot. ~~~ ·~epotiij.d,tQ.employ or i?r~~,~~"8t~~s~~p:p~f~n~:,Q~'~p.liigs:~~~;,. '~.' '. • .. •••• .... • .'"of '. • • ;". '... .""" ~ .... ,"..... ';~;;~J :·~'A1iTIOLE~9;· The' Gre'wt fWestern- j Goltlll1any, sball,;have~ exercis.e and. 'l';:&.Jjdi" '\1/'th~ii:" bWIi,"ei:p~Dse;i knd :tisk-~'Jb~ their:.b:wn ,benefit, {oJ;, ,'the" "pniP·9s,es. of the management mg,intenance and repair working and use~~ , - _ ,.' -":.'J• . Great 'We8tern Railway" Act -1888. . ; , . ' ;'. " :' t, ' .bythem of, the Railway all tile rights -powers and privileges whatsoeverIn •'that· behalf 1:>£ the Oldbury Company' and.as fully and. effec,tlia;llY' as if the Railway were .a, part of the Great We,stern Railway.. ': '. . j -ARTIC~E "10.' The (!reat t Western Company will in the. exercisaof their rights-powers and. privileges under ,-th~s; Agreement in .all respects '.. except as herein:otherwise provided' duly perf6~m 'and observe the.several provisions-and obligations with respect to the Railway and the maintenance .repair management working and user thereof and to tlie traffic thereon .which.under the Acts of Parliament from time to time inforce with respect -to the same or' otherwise are, binding 'on the:Oldbury Company or '~n the .' .Great Western' Company -and' will at· all times fully -indemnify and save 'harmless .the Oldbury Company frotn:~, ana. ~ -agamst all obligations and ;liabilities' in that behalf and all penalties -for failure losses -damages costs . chargesand expenses claims and demands whatsoever in any way occasioned. '. -or iricurred by or' by reason of any act or- default of the Great. Western Company orany oftheir directors officers or-servants in relation thereto. i ARTICLE 11. The Great' Western Company "will bear and-payalltithes titlie rent'charges 'rates.. taxes' assessments, and all salaries wages and other outgoings ·.in respect. of the Railway or the' use and working of the same and ofthe ~t!affi.c thereon except property or .ineome·tax and except also the y remuneration of the Directors and Auditors 'ofthe Oldbury Companyand -. fhe salary of their Secretary and his staff if any and. their office expenses. '. ARTICLE '12.- The tolls: fares "rates' 'and charges in respect of the Railway and of the traffic thereon shall subject to the'provisions of Article 6 , -ofthe Agreement scheduled to the' Dudley. and OldburyJunctionBailway -~Act 1873~ be fixed-by the' General Manage» f .1 fares as hemay think properand necessary and 'shaiol in other respects have ; .and may.exeroise the same p~'Ye~s, and authority ,in and .over the RaiI:w~y ..and the traffic thereof as he .shall for the time being have the power ~a . ,-exerciseover the Great Western Railway., , ARTICLE. 13'. The' gross .receipts of the Oldbury Railway shall be .arrived at.by crediting thaOldbury Company with the following amounta inclusive of mileage and terminals without deduction 'of any kind: . ," 1. ", In respect of.every. ton of coal coke and. other minerals . : as set forth. in.the .Railway.ClearingHouse Classifica- .tion passing over the: Railway .., .. Os..,,11~d. 2; In respectof'everyton ofcartedand-not carted goods. . .'. 4- .. " .of all descriptions as:" set forbh-inthe Railway Clearing . . House Classification ..~' ,__ ~".'~':' :;: ..... '; ...... 28.,~O~a. 3>· Iri .respect of-every through passenger ticket irrespective .;. ~ ,,. ;', . ,; of- (~lass.Season·ticl{ets.to. ~~uil~' as 'twelve ticketsper :'Yffl~k-:.~ .: -,. .i: ,-,;:,;A: :~:,:Otn;(·f~~ v \ ,.74 .. Great Wester}~ ~lti!lUCtlJ .A ci 1888. · 4. In respect of local passengers . TIle whole receipts, ·5. In respect of parcels It each Os. 4d. 6. Inrespect of any traffic not provided for in the foregoing such amounts (failing .agreement) as the Secretary for the time .being of the Railway Clearing House shall . (havingregard to the foregoing rates) consider should Q' -: "'r, fairly be credited to the Oldbury Company . ·ARTICLE 14. The total amount of all such gross receipts respectively . in respect of the Railway and the traffic thereon received or receivable by the Great Western Company for the period intervening between the 7th November '1884 '~ria the31st December 1884 'and in each half-year subsequent to such last mentioned date such half-years ending respectively 011 the 3eth of June and the 31st of December in each .year shall after' the dedllction therefrom .of the Government duty' on passengers if and so long as the . ; Railway is worked as a Passenger Railway be divided between and belong to. t~e two Companies in the following proportions (that is to say):- . FIRsTi~The Great Western Company shall .retain 50 per cent-.thereof which shall belong to them and shall cover all theirexpenses of and incident to the management maintenance repair working and user by them of the Railway and their other expenditure and liabilities under this agreement. 8ECONDLy.~Tbe Oldbury Company shall be entitled to and have the remaining 50 per cent-.thereof hereinafter called "the_Oldbury Percentage. ~' . ARTICLE 15. The payment of. the Oldbury.Pereentage to be made to '..the Oldbury Company shall ·be made .within forty days' I after the 30th day of June and the 31st day of December in each year. ARTICLE 16. ]j-ach of the two Companies'will keep 8,11 suchaccounts and . vouchers as' shall be proper and sufficient for the purposes ·of this Agreement :. which accounts and vouchers shall be open at all reasonable times for the inspection and transcription of the Directors and Agents of "the two Companies respectively and the two Companies .respectively will afford to '. each other all proper; and sufficient facilities .for ·the inspection of such aecounta and vouchers. 'ARTICLE 17~ Each of the two' Companies'will within thirty. days after ,the 30th day of June and 31st'day of December in ··everY. year transmit to' .the other Company an accurate, abstract of such accounts as are from time to time necessary to be shown for any of thepurposes of this' Agreement. ~. . ARTICLE 18. If and' whenever either- of the two Companieswithin .' two calendar months after the transmission to them of any abstract of accounts requires the other Company to verify the same they will doso and the abstract of accounts shall if necessary be made correct and shall . thenceforth be deemed ~ settled account or if they permit two calendar ...months to pass without requiring the verificationof the abstract ·?f accounts ·the same shall thereupon be, deemed a settled account and no account once 'settled shall-be reopenedunless a, manifest error exceeding £250 shall be discovered. . ARTICLE 19.. Every notice request account or other' writing to be given by either of the two Companies to the other of .them for any of the purposes 'of this Agreerq.e:p.t shall be sufficient if it. be' signed by the Secretary of the other Company or be left for them as regards the' Oldbury Company at their 'principal office in ,Birmillgham or such otherplace as they shall from time to time give notice in writing of to the Great VVestern ,Company or as regards -the Great W estern Company at their principal office at Puddington. ." . ARTICLE 20~ In the event of a notice being given by or on behalf of ,any party or parties interested in the minerals or some of .them under or near the Railway of the Oldbury ,C~mpallY, or under ,or, near ,a.,ny part . or parts thereof of their intention ·to. work _the same; or ,anypar;t thereof and if in the opinion of the Engineers fOf the time being .of 'th.e Great Western,Company .and of theOldbury Company or,either of them or .in the event of difference between them such difference to be det'ermined by , arbitration' as hereinafter provided it shall b-e necessary or. desirable for the safe economical or convenient workingof the Railway or any 'part thereof that the said minerals or-some of them 0,1· some part thereof should remain unworked the Oldbury Company 'shall compensate the party or parties entitled to work the said: minerals and -shall arrange for the same or such of them as may be necessary' for the purposes aforesaid remaining unworked and if the Oldbury Company, fail to: do.so after receiving. notice in writing - . . , from the Great Western_, Company requiring them to ': make such compensation and arrangements as aforesaid the Great Western Company may do so a~ the expense of the Oldbury 'Company and the Oldbury Company shalf free and relieve the Great Western Company of all obligations or liabilities (if any) with respect to the minerals under or near to the Railway or any part or parts thereof, ARTICLE 21.. The Great Western Company may if they desire to' do so .. at any time or times after the date of this Agreernent admit the London and North-Western Railway Company to a joint and equal participation with them in the working management maintenance and use of the Railway under the terms of this Agreement or upon such other 'terms and conditions us may be. agreed upon between thesaid last mentioned Companies and the Oldbury Company shall so far as may.. be necessary consent thereto but the Great Western Company shall unless otherwise agreed remain liable to the Oldbury Company for the performance of this Agreement after the London and North-WesternRailway Company have been admitted to a participation with .them as aforesaid as fully as ifthe London and North-Western Railway Company had not been admitted to sucb participation. ARTICLE 22. This Agreement shall be ill perpetuity. .j,. \ .• ARTICLE 23. -. If and' whenever .an:y difference ·arisesb.etween. -the OldburyCompany ortheirassigris and the Great Western Company"or their ~ssign's touching-the true intent 01; construction of this A~eeIIi.ellt or 'any- thing to be done suffered .or omitted in pursuance of this .Agreenient or any 'for the"iiIci.dents 'or consequences ofthis ~gr;eeniehtor~ touching-the carrying . .into-effeetofany of the Articles'.. of. thisAgreement or any.breach .or vnon fulfilment or alleged' breach or' non-fulfilment of this Agreelnent· or:touching 'aBYliability .damages losses costs or -expensesby 'reason of anyeuch-breach -or non-fulfilment or alleged breach or alleged non-fulfilment or any· claim or -demand relating- to-any .such 'liability damages losses- costs 'or-eapenses or ~t~erIDse' zelatlng tothe premises'every such difference shall''be referred to ana determined by arbitration in accordance with the provisions ·of the r. Railway Companies&bitration Act ·1859 and .every- questiono» matter. so .referred shaU~'be' deemed 'to 'be ill difference between the ';(jreat Western -Company"and the 'Oldbury Company and this Article shall"'accordingly be '::ah~ have effect as' an agreement for arbitration 'between the two Companies -nnder that Act. ' . .'. ...., ~""" '. '. ~··ti; witness' -whereof the Oldbury Company 'and the Great .Western' q -CotriJj,ahY havecaused' their' respecti-ve Common Seals to be hereunto a,ffixed ;'~be'd:1y'>aIla yearflrst abOve~tte,n.. :. ':.' .... . :. ~The . c•• ' •••••••:. The Common Sea,l ottheO~abitrY;Ba~iway .Company. -( .'~;:e: . was hereunto affixed, i~t~~ p~eSenCtl·<>f.. ;. ~~y.,. "".'" ..,A..E. WENHAM:" . ; !.~. _'," _. '. ;. '" • _ ..'. ~. '.r ". -':·,Secretary•.. '~".~ ~~ .. Tb~· .CC,D1I)J.0P Senl 'of" th~.Great· Western Railway .: . •.. .'j'.;:, c. -: : 'Oompanywae hereunto affixed i:b.· therpreaenoe-of .. ~ .... \ :. ... ,... ·~~q·D.·.HIG·GINS;~ . '. ; l: ~.: • i: 8ecretar'!{~.:.. ... • ".1 ;!} .. :.... ". . ( .• .; ~ .. I \.:' .. ~ ...... ~. !. \ ; '. ,. . ~.. - .. •• 0' I .~. .0...... '., "0 ,~~ •• • 1J ~.:...... : ... :.:;':~J .. . .. I" ..... ". I 1_ ._ : ' ...... ,....., .y.~ ..; : .. .. _ i I .~:~ .: ., .: ; .. !.: • • _:. ~ ". ~ i. .... ~._ '.. :.; '".' - : . ~ :. ~; •.. . ~.. ~.~ . -. : ., u r,..;" I ; .~~-;: . (heat", Western Ba~l'Way .Ac'.l888., 7'r '~ ~, ~ "', ' . ' , .' '., -. . . .. -. , SC H ED U L.E. ~tticre$ of ~gr~emeltt .made the Thirteenth day o~ August One thousand eight hundred. and eighty-five between THE RHONDDA AND SWANSEA. BAY, RAILWAY COMPANY (hereinafter called ·The Rhondda Company) of the one part and T~ GREAT WESTERN RAILWAY COMPANY (hereinafter called The Great. W'.estern Company) .~f the other part. ., .''. WHEREAS by' the Rhondda. and Swansea Bay Railway Act i882 the Rhondda Company was incorporated and anthoriaed to.make and maintain according to ,the deposited plans and sectionswith all proper stations works. and conveniences the following Railways (namely)- • .' I~ (1) ". A Railway (No. 1)' ~4 miles 2 furlongs and 8.65 chains or ~here~.· " abouts in length commencing by a junction or junctions with th~:.· " Rhondda Fawr Branch of the Taff Vale Railway and terminating " in the Parish of Baglan at the sea wall and embankment forming" u· the northern boundary of the piece of land numbered 635 iri:the.. 'c' tithe commutation map of the.said Parish of Baglan.' (2) ~'A Railway (No.2) 2 furlongs and 5.10 chains or thereabouts in·. . .. ' '" .length' wholly in the Parish of Baglan commencing by a june- , '~ti~n 'or junctions 'with the Railway No. laut~orised, by this' ." Act and terminating by a junction or junctions with the South " Wales'Line of the G-reat Western Railway Company:" . (3)' '~, A Railway on the deposited 'plans and sections called Bailway "'tNo~. 5) 6 furlongs and5.S0. chains 'or thereabouts in length . ,," commencing by a junction or junctions with Railway ~~ J. 1 by " this Act authorised and terminating by a, junction or: junetions " with the Cwmavon Railway." ' .. ','(4) "A Railway on the deposited plans and sections called 'Railway ." "(No.6) 1 furlong 4 chains or thereabouts in length commencing ~ I ,J '" by a junction or junctions with the Railway No. 5 bythis Act "authorised and terminating on the Tramway leading I from the C,' Oakwood Tramway to Tewgoed." :'AND ·WHEREAS by the Rhondda and 'Swansea Bay' 'Railway (Swansea Extension) Act 1883 the Bhondda Company were authorised' to make' and maintain according 'to the' deposited plans and sections the follt?wing Railways (namely)- , '(1) u· A Railway (No.1) 4 miles' 2 furlongs 3 chains and 70 links Ot; ".thereabouts in length commencing in 'the Pari~h of. Baglan ~y a '_' junction orjunctions .wit.hthe Railway No, 1. authorised by the w " Act of 1882 and terminating in the H runlet of St. Thomas in II the Parish of Swansea, by a junction or junctions with the ,,'R,ailway No"'! authons~d bythe Swansea H~bour Act 1874.''- (2) U A Railway (No.2) 7 furlongs and 6 chains or $he~~1~bQl1:ts in '~-' :. .~ u length commencing dn the Parish of Baglan by a.junction ee .~' .' , ... ,.i, junctions with the Railway No. 1 .authorised "by ~ this .~ct "(Jow.:; .-'. .- 'Ie being recited)and terminating in the Parish' of 'Briton Ferry by .': -,,~,.,.:.~" 'a junction or junctions with the'i;3ritoIl FeI?fy Dock ~ailways or ...... ~,'."" '~,$iaings of 'the G~eatWest~m-Railwtl,y C'om:pany~'" .: ~ .. ~,': '(8) ;/A Railway (No. 3)' 2fm.1o~gs' 4: c~~·,~(i5pli~f~.9;ihereaboutB "in length. wholly in', th.e 'Pads~ ?f Bagliin: ,~oJi¥.encln~ .b·l ~ r . "". .... 'U' junction or junctions 'with' the Bouth Wales line of :the (lreat,:'_ .... ~:..: ~n WeBt~mRailw~ya~~~~iiy",rid t'erini1:uitirfg'by"~''junc#d.f(16~i. l.~c' ~ailway ~ auth~rised ~y ~f 188~.·;,j:~~":t'::. '''4" •.i v . junctions with No. "th¢ :A.ct . ANP WHEREAS .the Rhon (3) U A Railway (No.3) 1 furlong "~ chains ~JlQ... ~O, I~~~ or thereabouts ,: r in, length -eommencing by 'a junction with the said Cwmavon :~.~'.'~' J:l~ilway.:·~a Pari~li .: ,'1 terminating in the 'of Aberavon'by 'p,jmi ,(4) It A RailwayCNo. 4) 4 furlongs' 8-chains-.and:80.lfukEror.:theteabouts ~., i~ 1~ngth~J~o~~~9Jng~,in ;.t,4~.~~psh,~.'9f~'~~g~p..~~\~ jJ:'-~9tion " ','j • :,:•••. , ..~ :.,~ ,;' c,~ :with thE), Bt!1ilwa,y NQ:.,2:; ~Jlt~c;>r~~~d: by,itp~~~1\H~:~~x~.~~~ ~clI~~~) ;:.; ~.:, ..~~ xninatjng at a~pQmt~Qn pl:t~ w~~t eiii~ ~~~~p~'~PJ1dc~q~~:,~sr~e~~ ,'r. . ,. Road 31 chains ,or.thereaboutsmeasnr~:~~R;n~jtP.~~:~~9:';~~~~~qm\)'t . .,.' :;:Ll~' ~~e i.u~ctio4 of ~~~ .s~a.:~a~ !i~RPe~c~ ~~r~~,~..~~. Jr~~/' " "-(5Y~'I'~ A;Railway (No. 5)'7: furigtigs:4{ tChaUia,'atid!'80 1inks fl1!:'theteabouts ·i',~·.i ~I~ ,in~']eDgth commencirig,:by~&:·'ti.ctionr,with .. ',. 1.he;· BDilws,; No.4 by ~,j" i~:t ~t/lrie:tC31~ml'11a;tiQh::tiie'reof .~ih6v~' ,: .: ,':' \.tMis 'Aet:·Qj'tithofl'k:6<.T as' descrIbed'.,} -:.. ,:~ :. :',:,·aIid·tekrihating 'a,t"~or ·nea.r· the ·.:poout· 'where' the' Railway·;·b;·: ,:.:',J: ··T·mmWay·}fo'~:8 authorised }jy~the'Neath'HarboUr'Act ~f '1874'iff'/ :l:··'. i . ·r"!·.np:dIiI. tlle:·plang'·: depdsit'ed for ~a,ria~ referred :.to, iri the'~~id~Act'of~) ,. -~( ':"~"'~1874 .shewnlt·(fterrtrlhate.:"·:·~' :~. ··.'·.·.'·::.·f .'. :.L;- " .-: r:-;' . .,' ····'.~,·1; ~fuiie: furlo~" ~chainfl ~na ·ji~ks ~t~tli~ie~;': .' • f ':':'(0)\ ,(.A.RailWay !'(N&" 6) 1·· 7( 6 0" . J ~(: ' ',~ ~illlbotits;~' -le~gt'h:eo~~~cing;by a.jtttt~t1o~'With ,tii~ s,aJ4 .Raih\r}tY;i: : .: ... U Nn;.·, 4'·by this' :Act autli6riSed'at·. the ·terininatiorr thereof 8;~ 'a/bd-ve": J I ., ;"i' described and termins,ting by'··a j-Wi'cti.oii With ·the 'Railway No: "1::1 .:: ."; "~'."autholised"by;tbeAct:of "1883."'·"'.~· ~,:' :':., 'r.;., ,. ,'''' , r. ,.;. ., .. "r~ but·sinee 'th'e'dep6ait of. sueh :Bil1t1i~ ']~tlr~ria~~ O~pahY 'have' W1tlidra.~h:· suC;l1 ~au.w~ys fFQm ~hei~~~l1.':.',:':" •• : ":;:, ,i.·/~;:, " £:1" ;~" ':, <::'~," ":'XND ·WHElm·A·S 'tlie'Gre'a'tWestern Railws,'Com an' the.·~wners· :J "1 ' '. • ..,' .'. ... • ... ,', 'are ~ '< -. .... ". t ."" ,.:Y ,..... ,I'.P ... r y..r .'. . .r ,.: .'" .' - ~t>t8,ys~em' of:Ha.ilw~Y~'?etW:~eii8.Dlong' oth~~; p~ac'~s ,roit;' T~l~ot ~~f:) 8~a~sJa'::}a~~_. hav.e.·.: Pb~airied" .~~e :. sanction. of. .~~i~~~~~nt .i~.···, the~:.. pr~s:~»:t .;.~ S~SSidil'tolcoilstruct '8,' Railway "de'scribed as \IiallwavNo ~4:in·,theG~e~t'.-' W~8tern~ictd 1~5,to,;:~f~s~ th~Riy'er *ea~~ 'by.~hi~~,ihe~()~~~~~i.f~it: by their .Raiiways:'b'etween Port·"Talp9~·.·.-ana· '-.$\Yahs.~a. 'wUl be niat'eir~Iiy~'; ~ "~'..' ~ shortened and' improved'. . ..f_... '..i. ••.•. , ... '.' '.' .... I, •••• , • :' .: AN:ri', W~;E'REA.S ~r~a~ £~D.,-; slii~;;t~~f'th~£, ~~:~~~~g~~e~ts~,ollJJl " b~ ent~r~dt iiito/~~~~~ef1·~h·e·\Oq#ipanje,s·'Wll.er~bY·'· the ·cQn~tru~t·ion'·9i.~.t1i~ ,. a~ia ·liiii~,: ~i.t~J~1;i@Ma':~~)lnp~'Y ~e;stW'8id of "the' i~ncti~ll 'of, liaUw.~y'; No::,lt a~t~oiis~~;:py the _R~qn~~a, C9mpany';~ ,4-c~ '9f )882 I wit~~,' :tli~;'; sriJa: Agre~ine~t iand to tli~J'inteIit ··t~at. the .... sa~e' may· ~e' carried ,~nto "e~e~~ '.: .arid in_ Railway ana the Great Weste~n Company's South Wales"Railway at Port. Talbot all such proper sufficient .and convenient "Bid~ng~~,signala .and other work~a.nd ,convEl~~e~a~s. as .,nay b~",neces~~y)or, the jJqe: ~flicient and economical interchangeof the t:t;'!L~C a~ those junctions ,r~~Rec.tiv~ly'between the Companies under this Agreement or the Bhondda (JQ:rPPtllJ}t :w~y.,eitber in lien of or in addition to the junction .to . be constructed.. ,ti;~d~r; .this .Article construct a junction ,~ndpro~de,~~ch sidings and'"otl1er: conveniences on land provlded.by~th~mror t~~~ purpcseriearthejunetion .'Qetw.eEni -the said Sw~~se~an~, N~atpR~ilw~y,and ,the', ;a~il:w~y"of J!he,Sw~~sea Harbour Trustees near to the Jersey siding. .Provided always',~h,p,t, until.such siding and other accommodation ssaforeaaid has been ,p~~yi4~(l, by thaBbondda, : Company' '~t'one' or' other of such last mentioned points ..so ,. t4~t, traffic , conveyed by the Great Westem Company from Port 'I'albot may 'be at once deposited' th'e~eiIi'~itbout' causing any' inconvenience 'to: ~hetraffic of the Great Western' Company either on 'their' own. line or 'on 'the lin~s of the Swansea Harbour TrUstees to which't~~y have ~cc~ss :the' G:r~~t Westem . doIrip:any 'shalr'come under no.~oblig~~ion~,under .this '~greeInent, ~s' in' the conveyance orinterchange of traffic, destined .for '8hipIJ?~~t ..a~· t.Ile Prince of Wales Dock or for the SwanseaBection. .': . , . r "2_., The junctions to be constructed ,a~ mentioned in Article 1 including a~y, new or altered" junctions ,at': p()tt .T~lbo,t shall be .deemed junctions authorised by the Rhondda'CQm'l>any's Special Act tobemade 'between the Rli;ilw~y of the Ith -of its power in obtaining such confirmation. 0··. In Witness .whereof the. Companies partiea.hereto have caused ~thbir . "re~p~yti:v~ Common Beals ~.ei be hereunto ~tn~ea the day and year first ~ before written. '. . ,. : . I• ; , .. ' .... .' •, ~ '. I' ( , - The Common 'Seal of the Great western} . .~. '., Railwey Company was hereunto ~~ed.·· 3534 in the presence 0'£ . . J. D. mGGlNS~ ~be Common.. Sef;L1 of ,~~e :&~ondda' a~d}. The Common Bwaneea Bay ~ailway Company wes : Seal of the . hereunto affixed in the presenc~of . Rhondda and Swansea Bay ..H.· S~ LUDLOW:, ... Railway / Company. ,-. .' Seoretary. ~ ., ",., r .- I··~,_· . (. ':, ( "ll' ~.. ~.. ,~ f: f . ,. ~ •" " •• I" p'., I f: r ... ..' \;',;i ....., .. :.) :...... ~ _. ",...... r'" ..... -" ...... , .' _.: .... :.~ .,'.~ . ... "." - ',~.... r" ". ~ .1.~ .. .'... " ~ ...' _l l .. :" .... \ : ' .. I .. •• •.•. -., I: t' -, • . 1. i J ... • , . " ..~;':t~._.~ ..::..~::; ;.;'~;' ...: ~;~, l...... ;.:.,....~ ....~ ..; ,-:. .-.::.- .. ., I·"" J I ~ .. ~ .. , .. ""t _ _.. .•.• \.. .-...... '0_",,0- •• -,-" J- . !iC; ..;j~.[:',~·.·:~· :,.:.) '(,~·,,:·.. ·~~:.::,S'.l~~ 'It,D:> .···.S CE>E]J.~.tr.L·.iE.L,·> ...". .. .~::.~~r: .. ':,,:.::,'-;"\) j'':'~: n:~':, ::.:~~ cs ~~-::~:_;; ;'.~~'~ i.,j ..::~:~:.,~·::D~:.l·... ~ :'.::.~: . '.~ .:-.,~ ...; ,. ·... ~_·::r "-' ~ ..... :':.~. '::: .. .:.; .af)~.gt..e.~me,nt :mac1e.o\tb.e. :Fifstc,day ·.of> Dseenilier: 1887 . J~'~\,-.: ~:;::~1>etweelr·thS ~LjolDs'l'EB·· ~ BB~MYABri~ RmWAY(J6mA1ffI (hereinafter called C4 the Leominster Company t,) of: tbe:fifsti'··pa.r~ ,...... --,,,,··COLONEL RICHARD PRESCOTT DEem of Bookleton Court ~ the' / '. '. - .' .••.•• ..,. .• ",:,.".-. ; 1' ••;.', ' :.1:', Oo~ty q{.Worce$ter·J~~s:~~~,~~9f.~~.$Igwyp.··.iit.thedou~ty .( •. .. :;'~f:., :Efere~ohl EBq~re 1\t;P.; ·THOMAiBIUS~OW;.l;~T!L~~~ of Leo- \ ":. twn$ter In the said County of Hereford EsquIre-MAJOR 'EDWARD \, ..: -: ~ ':NKiHOLAS HEYGATFf~f·Btlckla,na·§n the said County of Hereford <, /" ------rMAJOR JOHN HOWARTH ASHTON of Hatfield Court in the said _-"·'·-'---~ntyof Hereford. #Jfid,~t1'irOM~8 D!AV!ES ~tJ:8,L'ON~of.)N ortht:;aton 1/ ',.. ) ~.i~" t\1e said COll1l~,··'of. ·.JIererdra: 'JBsqnkEf the ',Direct6rs of the ( ~.".- Leominster Com~y (ii~filJ,fte:f ealIteti '·the·:~DirecMrs;") of the \ .~ .... , .. ", .. I , ',':,y" second part and T~-::~G:Q'Da~T~.-W~STJmN RAILWAY COMPANY' .",:(hereinafter called .~'~'~~'~G~at Western--":Company") of the third . part. WHEREAS theLeominster Company was incorporated by the Leominster and Bromyard Railway i\.ct 1874 and was by that Act as amended by the Leominster and Bromyard Railway Act 1878 authorised to construct the Railways therein respectively mentioned which may be sufficiently described for the purposes of these presents as a Railway commencing' by a junction . with the Shrewsbury and Hereford Railway at Leominster and terminating by g, junction with the Worcester and Bromyard Railway at Bromyard. And whereas the Leominster Company having completed a portion of their Railway' from the junction thereof with the Shrewsbury and Hereford Railway near Leominster to Steens Bridge vapplied to the' Great" Western Company to temporarily work so much thereof as had been so completed which the Great Western Company agreed to do and are now doing upon the terms set forth in the Agreement between the Companies parties hereto of the 15th August 1883. And whereas the Leominster Company. have incurred to their contractors to landowners and others considerable liabilities but are unable to raise the necessary capital either to discharge those liabilities or to complete their line between Steens Bridge and Bromyard and the Directors have applied to the Great.. Western Company to assist them to discharge those liabilities and to complete the Railway of the Leominster Company as between Steens Bridge and Bromyard. . £\ND WHEREAS the capital of the Leominster Company consists of '2~,820 represented -by 2;882 shares of £10 each all of which have been jul1y paid- up' but the Leominster Company. has not issued any preference: ·{Jreat ' IJfestern:' Rftilway':Act '·18~8. sbares or -stoclc .orrin any \\~ay exercised' their borrowing powers. "And whereas the', Great Western Company (subject to the.sanction of Parliament) Inade it acondition of -their rendering '~111Y assistance in the cO:Qlpl~tio~~·of ,the line that all liabilities hi therto incurred in connectiontherewith should 'be discharged that' the directors should give their persona] undertaking as 'hel'einafter contai~led to indemnify the 'Great Western Company.. against 'all liabilities except as hereinafter mentioned and that 'arrangements .should be made with all the lal1~owners upon the line to the satisfaction of, the _Great Wester1l Company both as to the price to. be paid for the land and' as to the, accommodation works to be provided with regard to such lands. AND WHE'REAS by the Leominster and Bromyard Railway.Act 1884, the time for'the compulsory purchase of land for and for the com pletion of the Railway and works of the .Leominster Company was extended until tlle-7tll day of August 1887 and the 7th day of August lR8~\ .respectively, ,. ' . , II ,i\.ND' WHEREAS it would be greatly to the interest, of the public and especially rto the district intended to' be served thereby. that the Leominster Railway as between Steens Bridge and Bromyard should .be completed and opened for public traffic' but unless by the assistance .0,£ tl~;e Great Western Company there is 110 prospect that this object will be, ,att~in~d:. ,. ~ :' NOW ',rHEREFORE it is hereby covenanted declared and agreed by and between the parties hereto as follows (that is to say) : ,~. This Agreemel1t and everything herein c?ntained is' subject to the 'followiJig conditions: . lst".'l'hat arrangements arc .made to the satisfaction of the Gre'at Western Company with the Land0'Yners. upon~ ,the Leominster Company's Line between Steens Bridge and Bromyard both as to the price 'to be paid for such land. and 'as to the' accommodatio~l works to .be provided in respect ~f s:ucl~ .land. '· 2nd., To, the sanction ofParliament being obtained to the acquisition by the Great Western Company not .only of the Undertaking of tJ~e Leominster Company but also of the Undertaking of the Worcester and Bromyard Railway Company. g. 'I'he Leominster Company shall not'incur to landowners lessees or .occupiers liability for any .costs charges or expenses including surve~or's ,f~es in or about anysuch arrangements with landowners as aforesaid 'or the neo-otiation for, the same without the consent in writing of' the Great '·,0 ' . W~sterl1 Company first obtained. , . 3. 'The Leominster Company will sell .and the Great Western Com- pany will purchase the Undertaking lands powers rights and privileges of 'the Leominster Company and such sale and purchase shall upon such "~aTllamentarypowers as aforesaid being obtained take effect as and from 'the Lst day of July 1888. y 8'6 . 4. ··:·The,consideration-for the sai~_ sale and purchase shall be ~.th.e payment.as and from the Is·tday of July 1888 or so soou thereafter.as It~e sanction of Parliament .shall be .obtained as' aforesaid of 'the sum of Ten shillings per share in respect of every fully paid up share in the Leominster Company and the payment by the Great Western Company to the directors of the.sum of Nineteen thousand rmd fifty-nine pounds ill cash .within .two calendar months fromthe date of such sanction beingobtained.. 5. A receipt under the hands' of any three of the directors of i·the Leominster Company for any paymentmade to them by the Great Western Company shall be a good and sufficient .discharge to tllat Company for ,the same and the Great Western Company shall not be'bound to see-to the application or be accountable for the .nou-application of allY moneys .so -paid. ' 6. Upon the completion of the purchase the Undertaking of the Leominster Company including therein all railways land buildings rights arid· privileges, (except moneys securities for money or debts due or belongingto the Leominster .:' Company 011 Revenue Account) with .'thej,~ appurtenances possessed held or acquired by ~he Leominster,Company shall be vested in the Great Western Company free and discharged from' all debts liabilities obligations and. engagements of eve~"y. description ofthe Leominster Company other than and except the debts liabilities; obligations and engagements "in ~espect of the lands .required for the completion cf the said railway from Steens Bridge to Bromyard and the purchase and purchase moneys thereof and including the costs charges and expense~ hereinbefore mentioned in the 2nd Article which last-mentioned debts liabilities obliga ItiOlis and engagements the Great WesternOompany will discharge and pay, 7." Until such sale and purchase shall be completed under the pro visions 'herein contained the existing agreements between the Companies parties hereto shall remain in force. S.· "I'he Directors shall apply the said SUlll of Nineteen Thousand and fifty-nine pounds so to be ;p,aid to .them bythe Great Western Companyin payment and satisfaction;of all debtsand liabilities of the Leominster Com pa:uy except as'aforesaid and the directors c10 hereby jointly and severally, undertakeandagree with the Great Western Company to indemnify and h91d·th.eInharqlless after the completion of the said purchase 'against any claim or liability against or of the Leominster Company accrued prior-to the first day of July 1888 except as aforesaid and also except any liability under the said working agreement of the 15tll day of August 1883 and the directors or any of them shall not incur any other or further personal liabilityunder this .agreement or al~Y clause or agreement herein contained. ~' , 9. Notwithstanding SUCll sale and purchase as' aforesaid the Great 'Western Company shall 'not .nor .shall their' Undertaking be in anyway subject or liable to any claims or demands whatsoever on the part of the 87 creditors cf the Leominster Company or ,of any other person or person...; in respectof any' debt or liability of the Leominster 'Company except as· hereinbefore mentioned or to the holders of shares "in the Leo~i~s:t~r' _!J"., Company...... ,I 10. 'I'he LeominsterCompany shall not after the. date -of this .. Agree- ' ment createor issueany newstock O:!:shares .or incur 'any new liability what ever without the consent in writing of'the Great,Western Companynor shall they do or consent to .anything which lnu,y .or shall injuriously affect the, ,value of the Undertaking .to the ~re~t W~stern Company. . '. 11~Tlle Leominster .Company' sllall .,as .and ,froin the' completiou . of the' purchase be .dissolved except for the purpose of discharging their liabilities and winding up their affairs and a provision 'shallbe insertec, in 'the"Bill herem mentioned .totbis "effect and authorising the vesting of the Undertaking of .the Leominster Company ill the Great Western Com pallY 'and (if.necessary) for the -winding up -of the Leominster Company as if it were 'a'CompaD;Y registered under the Companies Acts 1862 .to 187~; inclusiv-e. ' 12: Notwitlistan.ding .the vesting of the Undertaking of theLeominster Company in ,the' :'Great Western Company the Secretary or other-officers. if any of the 'Leominster Company shall net be .or become officers of the Great Western Company but .the LeominsterDompaoy shall discharge all 'oli>lig9Jtion:s~which"Dllay be due tosuchofficers .or any of them. . , 13. The Leominster Company shall UpOI1 completion of the purchase hand over :t~·the :'Great Western, Company all cO~l~eyan~es' deeds. agreements lallaana.,prop~rty 'plans Parliamentary plans and '~ections books of reference plans -and documents of title relating to land purchased by or held "in trust for or otherwise ill 'any way affecting the "Undertakingtof .'the 'Leominster Company together withtheh.' common rseal and 'all 'books of account minute books registerafransfer books and all.vother.bookaor documents relating to the internal affairs of the Leominster 'Company .and in the meantime and until tl~~ completion-of such purchase the Great WesterllCompany shall have access free of charge at all reasonable ·times to all such books plans registers and otherdocu ments and 'tho !Grea;tWester~Company will free ·of cost to the Leominster' Company produce atnll times all such of the said conveyances deeds agreement~ plans books and documents as shall be required by .tIle Leo minster Company for settling the claims of all persons having or making', any claim against them or be otherwise required f01' the winding up of t!'-:.e' same Company. ""', 14. Application shall be made in the next Bession of Parliament and u Bill shall be promoted by the Great Western Company at their own ~,;xpense in all respects f,or obtaining from Parliament the necessary powers to!:' 'vesting the Undertaking o~ the Leominster Company in the Great- 88 Western Company and £or:c~rryingoutthis Agre~rrie~t ~~l~ich:' C~~pany p~ty hereto undertakes touse "its best efforts to o"btainthe":p~sdnior~uch nin ~nd t~ supply such ~vidence and assistance as may beL ne'ccss~~y fo~" th~'t end but the east of such evidence as the Great Western Comp,~~ly:n~~y l'equii~e' shall be' borne andpaid 'by that Company "Irith"e event of-such 'powers not beingso obtained this Agreement shall ipso fac~ I ,; 17.. If and whenever any difference arises between the Leominster ,{;,ori1p~ny and the Great Western Company as' to th~ true intent or COl~ .struction of this Agreement or .as to anything to be done suffered or omitted , i:l pursuance thereofor the carryingthe same into effect or as to any breach lor non-fulfilment of this Agreement or any liability damages losses costs 91' ~~pense~ by reason of any such breach or non-fulfilment or alleged breach .-or alleged non-fulfilment or otherwise relating to the premises e,vel'y such .. (i~:fferenceshall be referred to and determined by arbitration in accordance : with, the .pr<;>yisions of the Railway Companies Arbitration Act 18Li9 and ..every question or' matter so referred shall be deemed.to be in difference , bAtween the two Companies and this Article shall accordingly be and have .effe~t as anAgreement for arbitration under' th~t Act .. ! ";' ' .•.J.-..', Great We8tern Railwau ·Act 1888. 89 ...... '1 •• T IN VV:tTNESS whereof the Companies parties hereto have caused their respective Commo~ Seals to be hereunto affixed and the parties of the second part have hereunto respectively set .their.hands and seals the day and year first above written, The Common Seal of the I...eominster· and .Bromyard Railway Companywas here unto affixed in the presence of · J~DWIN LLOYD Secretary. Signed sealed and delivered br the within \ named Richard Prescott Decie in the I:l P .• -"ICHARD BESCOTT r:">.. .presence of J. N. WIlles Bund D (t8~ ) . 'ViCkj .. ECIE ',,---_../ Episcopi Worcester Justice of t~e Peace . for. Woreestershire. Signed sealed .. and delivered bythe within named James Rankin in the presence' JAM.ES RANI{IN of Arthur Knight Bryngwyn Hereford Butler. Signed sealed and delivered by the within /:~\ named Thomas .Bristow Stallard and! THOS. B. STALLA.RP V Thomas Davies Bnrlton in the presence T.DAVIESB... U~LTON (.~L~S.. of Edwin Lloyd Solicitor Leominster.' V Signed sealed and.delivered by the within EDWARD NICHOLAS (;\ named Edward .Nicholas Heygate and 'HEYGA'rE 'V John Howarth Ashton in the presence f::\ of Jamea Castle clerk to Mr. E, Lloyd, J. HOWARTH ASHTON V ---", The Common Seal of the . Great Western Railway Company. z 90 . ' ~~emotanbum of.agteemenf made the Twenty ; first day ofDecember One thousand eight hundred and eighty-seven ~ between THE WORCESTER If:aOMYARD AND. LEOMINSTER RAILWAY COMPANY (hereinafter called "the Worcester/Company") of the one part and THE GREAT WESTERN RAILWAY COMPANY (herein 'after called "the Great Western Company") of the other part'. . WHERE.A.S by the Worcester Bromyard and Leominster Railway Act . 1861 the Worcester Company were incorporated and authorised to make a .Railway .commencing by a junction with the West Midland Railway' at Bransford in the County of Worcester and terminating at Leominster but such Railway has only been constructed as far as the town of Bromyard And whereas the paid up capital of the Worcester Company consists of a .debenture debt of Ninety-three thousand pounds now secured by debenture stock of that Company of Forty-four thousand.nine hundred and fiftypounds in ,preference stock and Eighty-seven thousand nine hundred pounds in .....;~"_./ ordinary shares 0:( Ten pounds each the whole of which have been fully paid .:» up' And whereas by the Leominster and Bromyard Railway Act 1874 the Leominster and Bromyard· Railway Company (hereinafter called "t4e .Leomins'ier Company '~) was incorporated and' authorised to construct a .Railway from the Shrewsbury and Hereford Railway at Leominster to form a junction with the Railwayof theWorcester Company at Bromyard but the line so authorised has at the date hereof been constructed and.opened as jar as Steens Bridge onlyand thefurther construction thereof has not been proceeded with And whereas it has been agreed by and between the Companies parties hereto, that the Worcester Company should sell and the Great Western Company should ·purchase·the Undertaking of the W orcester Company as herein defined upon the, terms and conditions and in manner .hereinafter appearing, _,' Now' THEREFORE these presents witness and it is herebyagreed and declared by ana between the Companies parties hereto as follows (that is to say): . 1. rrilis agreement and everything herein contained is subject to the . .sanction of Parliament being obtained to the acquisition by the Great 'VV'estern Company not only of the Undertaking of the Worcester Company but also of the Undertaking of the Leominster and Bromyard Railway Company. . ~. Upon such sanction as aforesaid being obtained the Worcester Company will sell and' the Great Western Company will purchase the -G-reat JJteste1"n Rail~vay Act 1888. 9.1 Undertaking of' the Worcester Company upon the terms and conditions '~ereinafter appearing and such sale and purchase shall take effeet as ana from the 1st day of July 1888. 3. The consideration for the said sale and purchase shall be • • t .\ (a.) The adoption by the Great. Western Company of the debenture debt of the 'Worcester Company by the issue to every holder'of debenture stock in the Worcester Company, of the like amount of . Great Western Five per cent. debenture stock. (b) The payment by the Great 'Western Company to every holder or preference stock of 'the Worcester Company' of a' sum in' cash calculated at therate of Ninety-live pounds for 'everyone hundred pounds of stock and so in proportion for any less -sum of stock (cJ The payment by the Great Western Company to' every holder of ordinary sharesIn the Worcester Company of the sum of T'en shillings per share in respect of the ordinary capital 'Of that Company. 4. Upon-such sanction being obtained as aforesaid the Great Western 'Company shall issue' to every holder of debenture stock in the W orcester -'Company in lieu of the debenture stock so held by him Great Western Five 'per cent. debenture stock bearing interest as on and from the 1st .July 1888 and the payments to be made by the Great Western Compa,ny in cash to every holder ofpreference or ordinary shares in the Worcester -Company shall be made onth'at date or as soon afterwards as circumstances will permit together with interest at Five per cent. from the 1st .July 1888 until payment. 5. Until such sale and purchase as aforesaid shall be completed under the provisions herein contained the 'existing agreements between the Companies parties hereto shall remain 111 force, 6. Tlpon the completion of the said purchase the Undertaking of ,the 'Worcester Company including therein all railways lands buildings real and ·personal estate of every kind property rights and privileges (except moneys securities for moneys or debts due or belonging to the W o~cester Company -on' revenue account) 'with tbeir appurtenances possessed .held or acquired by '-theWorcester Company shall be vested in the Great Western Company 'freed and discharged as between the two Companies from all debts Iiabilities -obligations and engagements of every descriptionof 'the Worcester Company, . 7. Subject to the adoption by the Great Western Company on the terms herein provided of the debenture 'stock of the Worcester Company .as 'aforesaid. the Great Western Company notwitbstanding ,snell, sale .and purchase as aforesaid shall ~not nor shall their Undertaking be ill any way subject or liable to any claims or demands wnatsoever 011 the ~l)artof a~y of ~he holders of debenture stock of the Worcester Compa~\y or -the creditors' of the Worcester Company or of any of the holders of the stccks 92 Great Western' Railtuay Act 188B. o~.. shares in the Worcester Company or of'.any other person ?r.persons in respect of any debts or liabilities .of the VVorcester Company except ~ q,~ 'provided by these presents, ,. 8. As .between the Great Western Company and the Worcester: Oompany 'except as herein expressly otherwise provicledthe Worcester Company shall pay- f111d satisfy .0.11 charges liens and incumbrances upon. or affecting their undertaking or any part ,·tll~reof and the claims and . interests of all persons' having claims upon the Worcester Company whether as holders of mortgages debenturespreference or .other shares or' stock 'of or in the Worcester Company or otherwise 'up to the 1st July 1888 and the Worcester Company shall indemnify the ·Great Western Company CJgainst all.damages costs charges' and expenses and all \claims or liabilities. whatever inrespectofauy ofthe matters.aforesaid orinany way 'arising thereout. dr consequent thereon and the Great Western Company shall in like manner on the passing,of the said Act indemnify,the Worcester Company against all claims as fromthe 1st July lSSS.in respect of the. debenture stock ad~pted. by the Great' Western' Company as aforesaid and ill respect of the payments. in casn to be made by the Great W estern Company to the holders of pre ference or ordinary sh~res in the Worcester Company, 9. The Worcester' Company .shall not after the date of this·Agreemenp. create orissue any new' stock or· shares .or incur any new Iiability whatever without the consent of the Great Western Com:rany_except as appears bY, these presents.' ' 10. The W orcester Company shall as from the date of' the said Act and confirmation be dissolved except fo~~ the purposes of winding up their' affairs and provision shall if required by the Great W estern Company b~ made in the Act authorising the same as hereinafter mentioned for the winding up of the affairs of the vVorcester Company under·the.domp·anie~ ActF.: 1862 to 1867 as if it we~e a Company registered un~er -those Acts. Ll. .Notwithstanding the vesting of the Undertaking of the Worcester . Company in. the Great Western Company 'th~ secretary and otherofficers if any of the Worcester Company shall not be or become officers of the Great. Western Company but the Worcester Company. shall discharge all obliga tions which may be due to such officers or any of them. 12. The Worcester Company shall upon completion.of such sale and purchase hand over to the Great \Vestern Company all conveyances deeds agreements land and property plans Parliamentary plans,. and sections. books of reference agreements plans and documents of title.relati.ng to land purchased' by or ·beld in trust for or otherwise in any way affecting the Undertaking of the Worcester Company together with their common seal and ail books of account" minute books registers transfer books and all other books or documents relating to the internal .affairs of the Worcester Company and in the meantime and 'until the completion of such purchase the GreatWestern Company shall have access free of charge at all reasonable times. o Great Western Raz'lwalJ Act 18~~. to all such deeds plans and sections registers qooks and; other documents. provided that for ·the purpose ;of carrying out this agreement. the: Worcester" Company shall furnish at the request 9£ the .Great W estern Company an accurate list certified' in writing under the hands of their chairman and --', secretary of the names and addresses of the debenture stock holders and preference and ordinary shareholders of the Worcester, Company with full. particulars of.the amounts of their respective holdings.' . I , 13. Application shall be made in a Bill to be promoted by the Great Western Company in the Session of 1888 for obtaining from Parliament the.. ~ecessary powers for vesting the Undertaking of the Worcester Company in the GI'eat Western Company and each Company undertakes without. 'cost to the other except' as appears by these presents to use its best efforts. to obtain the passing of such Bill and to supply such evidence and assistance as may be necessary for that end .In the event of such powers not being so obtained this agreement shall ipso facto determine. . 14. The Worcester Company shall not pending the completion of the. purchase do .anything which may injuriously affect the value of their' Undertaking to' or otherwise the interests of the Great Western Company. \ i·~5.· The ·Great Western Company being on the passing of the said Act· enti~Ied' to' the.proceeds of sale of any superfluous lands.belonging to the Worcester .Company undertake in case there shall not be sufficient funds belonging to the Worcester Company to discharge their liabilities on revenue account including the costs charges and expenses properly incurred in carrying out the terms of this agreement to provide a sum not exceeding ,0118 hundred pounds to enable the Worcester Company to discharge such liabilities Provided always that the directors of the Worcester Company shall not divide any revenue now in their hands or that may accrue due under existing agreements amongst the preference shareholders u.ntil such liabilities have been discharged. 16. Ifand whenever any difference arises between theWorcester Company and the Great Western Company as to the true intent or construction of' this agreement or as to anything to be done suffered. or omitted in pur suance thereof or the carrying the same into effect or as to any breach or non-fulfilment of this agreement or any liability damages losses costs or expenses by reason of any such breach or non-fulfilment or alleged breach or alleged non..fulfilment or otherwise relating to the premises every such difference shall be referred to and determined by arbitration in accordance with the provisions of the Railway Companies Arbitration Act 1859 and every question or matter so referred shall be deemed to be in difference between the two Companies and this article shall accordingly be and have effect as an agreement for arbitration under that Act. .) '"94· Great Western ·Railwa.'J. Act 18~t). IN WITNESS whereot the Worcester Oompany and 'the Grea~ Western' -Oompany have caus-ed their respective common seals to be hereunto affixed .the day and year. p,rst before written. ' "The Comttlon Seal of the Worcester Bromyard and Leominster .: Railway Company was hereunto affixed in the presence of 'T. RowLEY HILL, Chairman of the meeting which ordered the Seal to be affixed JOHN, JoNES Secretary. .~-. .~. '.1 ....~, ...:-- ''. 'wU~'~'~ 4 ••:.J t&,I .,.:;' " ...... :. ····-:··1·....·. oil f:~ ..~ ~ ..... '. : to,· ~ ~';~' .. ..~~~:. .. __~ • ...... _ _ , __ • __ .6 .... _ ...... -._ - .. ---~------.-~~:-~-;-.~':-,.----'...~ ~. . . - . _: - , - \. o -~ Great Western RailwayAot 18'8,8:• . -: ~ . AN AOT Eor conferringfurther powers upon the Great Western- , Railway' Oompany in connection with their own and other undertakings and upon them and other" Companies in connection with undertakings in -which they are jointly interested for vesting in the- ,. Great W~stern Railway Company the undertakings. of the Leominster and Bromyard and the Wor cester Bromyard and Leominster RailwayCompanies. and t~e'powe~s of the Kingsbridge and Salcombe Railway Oompany and for authorising and con firming Agreements with other Railway Companies- and tor other purposes. .~ '-.-f LRoYAL ASSENT 13TH AUGUST 188_$~.J 51 & 52 VIOTO'RIlE-SESSION 1888. B.~.NELSON, ~ Paddington Station, and r: 20, Abingdon Street, Westminster, SOLIOITOB.-- SHERWOOD & 00., 7, Great George Street, Westminster, PARLIAMENTARY AGENTS... JUDD AD Co.,. LTD., ~