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Mid-Kent Railway (Liromley to St ANNO V ICR ST MO QUINTO & VICESIMO SEXTO VICTORLE Cap. ccxxiv. An Act for a Lease of the Undertaking of the Mid- Kent Railway (Bromlcy to Saint Mary s Cray) Company to the London, Chatham, and Dover Railway Company ; and for other Purposes. [7tli August 18G2-] HEREAS by “ The East Kent Railway Act, 1853,” a Com- l6&17Vict. pany was incorporated by the Name of the East Kent Railway c- cxxxn- Company, but now by virtue of “ The London, Chatliam, and Dover Railway Act, 1859,” styled “ The London, Chatham, and Dover Railway Company,” and lierein-after referred to as “ the Company And whereas by “ The Mid-Kent Railway (liromley to St. Marys Cray) 19 & 20Vict. Act, 1856,” the Mid-Kent Railway (Liromley to St. Mary Cray) Com- c- cxxv. pany, lierein-after referred to as “ the Crays Company,” were incor­ porated : And whereas by “ The London, Chatham, and Dover Railway 24 & 2.1 Vict (Works) Act, 1861,” (Section Sixty-three), the Company were authorized c. cxl. to make (amongst other Works) a Railway called “ the Bickley June- tion” but it was by that Act enacted that the Company should not open or use the Bickley Junction Railway, unless they should in the next Session of Parliament introduce and effectually prosecute a Bill for leasing for Nine hundred and ninety-niue Years the Undertaking of the Crays Company, as from the Date of the passing of such Bill into a Law, rL o c a l . 44 vL at 3958 25° & 26° V IC T O R L E , Cap. ccxxiv. Mid-Kent Raüway (Bromley to St. Marys Cray) Leasing and Transfer Art, at a Rent that should amount to tho Interest payable by tbe Crays Com­ pany on their Loau Debt of Twenty-three tliousand Pounds, and to Four per Centum per Annum on Sixty-one tliousand live hundred and fifty Pounds, in respect of their Share Capital (with all Powers, Rights, and Privileges of the last-mentioned Company in relation to such Under- taking, and subJect only to the Obligations and Liabilities whicli on the First Day of that Year were legally allecting the said Uudertaking, under the Authority of the Act incorporating the Crays Company), but without being liable for any pecuniary Obligation allecting or capable of allecting the said Undertaking : And whereas it is expedient that the Undertaking of the Crays Company be leased to the Company from the Period herein-after mentioned : And whereas it is expedient that the Crays Company be authorized to make, and that the Company be autliorized to take, a Transfer of the Undertaking of the Crays Company: And whereas the Objects aforesaid cannot be eti’ected without the Authority of Parliament: May it therefore please Your MaJesty that it may be enacted; and be it enacted by the Queens most Fxcellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: Short Title. 1. This Act may be cited for all Purposes as “ Mid-Kent Railway (.Bromley to St. Marys Cray) Leasing and Transfer Act, 1862.” Certain 2. The Clauses and Provisions of “ The Companies Clauses Consoli- Provisions of dation Act, 1845,” with respect to the Distribution of the Capital of the 8 & 9 Vict. c. IC. in­ Company into Shares; with respect to the Transfer or Transmission of corporated. Shares; with respect to the Payment of Subscriptions and the Means of enforeing the Payment of Calls; with respect to the Forfeiture of Shares for Nonpayment of Calls; with respect to the Remedies of Creditors of the Company against the Shareholders; with respect to the borrowing of Money by the Company on Mortgage or Bond; with respect to the Conversion of the borrowed Money into Capital; with respect to the Consolidation of the Shares into Stock ; with respect to the making of Dividends, and with respect to Access to the Special Act, shall be incor­ porated with this Act, and shall in all Particulars not otherwise provided for by or under the Powers of this Act, respectively appiy to all Shares and Stock created under the Powrers of this Act by the Company; and in those Clauses and Provisions the Expression “ the Undertaking ” shall mean the general Undertaking of the Company as defined in this Act. Interpreta­ 3 . In construing this Act, and in coniiexion with this Act the incor­ tion of porated Clauses of other Acts, the following YVords and Expressions Terms. shall, unless the SubJect or Context be repugnant to or inconsistent with such Construction, have the rcspective Meaniugs herein-after assigned to thern; (that is to say,) The 25" & 20° VICTORI2E, Cap. ccxxiv. Mid-Kent Railway (Bromley to St. Mary s Cray) Leasing and Transfer Act, 1802. The Expression “ the Special A ct” shall niean this A ct: The Expression “ the Company ” and the Expression “ the Promoters of the Undertaking ” respectively shall mean the London, Chatliam, and Lover Railway Company : The Word “ Share” shall include Stock : The Expression “ the general Undertaking ” shall mean the Under­ taking of the Company as authorized by the Last Kent Railway Act, 1853, the Last Kent Railway (Extension to Lover) Act, 1855, and the Last Kent ailway (Western Extension) Act, 1858, and shall include the Railways, Works, and Lands by the London, Chatliam, and Lover Railway (W orks) Act, 18(> 1, declared P art of their general Undertaking: The Expression “ the general Profits of the Company ” shall mean all the Profits applicable to Dividend of the general Undertaking (except the Common Fund, as defined by the London, Chatliam, and Lover Railway (Additional Powers) Act, 1862), and so much (and so much only) of all other Profits of the Company applicable to Dividend as is not from Time to Time applicable to Payment of Interest or Dividends on Capital authorized for any separate Undertaking of the Company, or to the Common Fund : The Expression “ Superior Courts” shall include any County or other Court having by Law Cognizance of the Action: And all other Words and Expressions to which, by “ The Companies Clauses Consolidation Act, 1845,” Meauings are assigned, have in this Act and in the incorporated Clauses of that Act the respective Meauings so assigned to them, unless the SubJect or Context be repugnant to or inconsistent with such Construction. 4 . The Crays Company shall demise and lease to the Company the Power Io Undertaking, Works, and Conveniences, Lands, and other Property of lease tlie Railway. the Crays Company (with all Powers, Rights, and Privileges of that Company in relation to such Undertaking), and the Company shall take and accept such Lease. 5 . The Lease shall commence and take effect from the First Day of Contents of September in the Year One thousand eight hundred and sixty-three, and Lease. be for such Pcriod, at such Reut, and on such Terms as are prescribed bv “ The London, Chatliam, and Lover Railway (Works) Act, 1861:” Provided always, that in all Cases where the Provisions to be contained in the Lease are not prescribed or not fully prescribed by that Act or this Act, and the Company and the Crays Company dififer as to the Provisions to be inserted in the Lease, and also in all Cases where any Question arises between the Two Companies as to the Construction of “ The London, Chatliam, and Lover Railway (Works) Act, 1861,” with respect to the Lease, the Provisions to be inserted therein shall be settled by 39(i0 25° & 26° VICTORIiE, Cap.ccxxiv. Mid-Kent Railway (Bromlcy to St. M arys Cray) Leasing and Transfer Act, 1862. by a Barrister-at-Law to be named by the Recorder for the Time being of the City of London on the Application of either Company, and the Costs of the Reference and of such Settlement shall be in the Discretion of the Referee. Undertaking 6 . Upon and from the First Day of September in the Year One vested in thousand eight hundred and sixty-three, the Undertaking, Works, and Lessees ac- cordingly. Conveniences, Lands, and otlier Property of the Crays Company, with all Powers, Rights, and Privileges of that Company in relation to such Undertaking, shall be and arc hereby vested in the Company, and the Company may and shall possess and enjoy the said Undertaking, Works, and Conveniences, Lands, Property, Powers, Rights, and Privileges, and receive the Income and Profits therefrom accordingly. Lessees may 7. Düring the Lease the Company may maintain, use, work, regulate, work and and manage the Railway, and other the demised Property, and the manage Rail­ way and Traffic thereon, and may demand and take Tolls, Rates, and Charges take Tolls. for the Use of the said Railway, and for the Passage and Conveyance of Traffic thereon, and for Services performed with respect to such Traffic and otberwise, and may (in accordance with the Provisions of the Act incorporating the Crays Company and tliis Act) exercise and enjoy the demised Rights, Powers, and Privileges under and with the samo Regulations, Rcstrictions, Penalties, and Immunities, and in like Männer in all respects as the Crays Company niight do if in possession thereof. Lease not to 8 . Such Lease shall not in any Männer alter, affect, increase, or affect Third diminish any of the Tolls, Fares, Rates, Dues, or Charges which the Parties. Company and the Crays Company are respectively from Time to Time authorized to demand and take from any Person or any other Company; but all other Persons and Companies shall, notwithstanding such Lease, be entitled to the Use and Benefit of the Railway and Works so to be demised, on the same Terms and Conditions, and on Payment of the same Tolls, Fares, Rates, Dues, and Charges as if the Lease were not made and the Company bad not entered into possession as aforesaid.
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