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ABANDONMENT OF RAILWAYS ACT 1850

ABANDONMENT OF RAILWAYS ACT 1850 - LONG TITLE

An Act to facilitate the Abandonment of Railways, and the
Dissolution of Railway Companies, in certain cases.{1}
[14th August 1850]
Preamble rep. by SLR 1891[

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 1
Application by railway company to Commissioners to be allowed to
abandon their undertaking.

1.] If any company authorized by Act of Parliament heretofore passed
to make a railway desire that the making and the carrying on of
such railway or some part thereof, whether commenced or not, be
abandoned, such company may, by the authority and with the consent
of the holders of three-fifths of the shares or stock of such
company represented in manner herein-after mentioned at a general
meeting of shareholders to be convened in manner herein-after
mentioned, make application in writing to the Commissioners of
Railways, setting forth the particulars of the railway or portion of
the railway desired to be abandoned by them, and the grounds upon
which such application is made.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 2
Meeting to consider application.

2. It shall be lawful for the directors of any such railway
company at any time to call a meeting of the shareholders thereof
for the purpose of determining whether such application shall be
made to the Commissioners of Railways, and so from time to time as
they shall see fit.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 3
Shareholders may require directors to call a meeting.

3. It shall be lawful for any number of shareholders of any such
company, not being less than five, and holding in the aggregate not
less than one twentieth of the capital or stock of the company,
consisting of shares or stock whereon all calls for the time being
have been paid up, but exclusive of any shares or stock held by
or in the names of the directors of the company or any of them,
or by or in the name of any person in trust for the directors of
any of them, or for the company, and which shareholders shall have
paid all the calls then due on the shares held by them, by
writing under their hands to require the directors of such company
to call a meeting for the purpose aforesaid; and upon the receipt
of any such requisition such directors shall forthwith proceed to
call a meeting of the shareholders of such company on a day to be
named by them, not being less than fourteen nor more than
twenty-eight days after the receipt of such requisition: Provided
always, on the default of the directors to call and advertise such
meeting within fourteen days' after the receipt of the requisition,
it shall be lawful for the requisitionists to call such meeting
themselves, at a time and place to be appointed by them, of which
fourteen days notice shall be given by them by advertisement, as
herein-before provided: Provided also, that when any meeting of any
such company shall have been called pursuant to any such requisition
as aforesaid, the directors of such company shall not be required
to call any further meeting of such company upon any further
requisition for the like object until twelve months shall have
elapsed since the holding of such previous meeting.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 4
After calling of meeting, or receipt of requisition, directors not
to make any payments, &c. with respect to railway proposed to be
abandoned.

4. After any such meeting has been called by the directors, or
after the receipt of any such requisition as aforesaid, it shall
not be lawful for the directors to make any payments out of the
monies of the company for the purposes of the railway proposed to
be abandoned, except in discharge of bona8 fide debts or
liabilities, or in performance of contracts or engagements previously
entered into, and in payment of the expenses of calling and holding
such meeting, nor to enter into any contracts or engagements on
behalf of the company with respect to the railway so proposed to
be abandoned, nor to make any calls, nor to register the transfer
of any shares, until the meeting called as aforesaid shall have
determined whether such application shall be made.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 5
Mode of calling the meeting, and signifying the assent or dissent
of the shareholders to or from the application.

5. The calling of any such meeting shall be by public
advertisement, in the manner required or usually adopted for
advertising the extraordinary general meetings of such company; and
where such meeting is called by the directors of the company, a
circular letter shall be sent by the post addressed to each of the
registered shareholders of such company, according to his registered
address or other known address, seven clear days at least before
the holding of such meeting, and stating that a general meeting of
the shareholders of such company will be held at a time and place
mentioned in such circular, for the purpose of determining whether
application shall be made to the Commissioners of Railways that such
railway or the part thereof specified in such notice may be
abandoned, and requesting such shareholder to signify his assent to
or dissent therefrom, which may be according to a form to be
contained in such circular letter, which form shall be to the
effect set forth in the schedule hereto, and such circular letter
shall request such shareholder either to return such form, signed by
him, in a letter addressed to the secretary of such company, or to
attend such general meeting as aforesaid, and deliver the same, so
signed by him, to the chairman thereof; and in the case of every
such meeeting, whether called by the directors or by such
requisitionists as aforesaid, the shareholders may signify their
assent to or dissent from the proposed application, either by
attending such meeting in person, or by letter, addressed to the
secretary of the company, stating the assent or dissent of such
shareholders, in a form which shall be to the effect of the form
set forth in the schedule hereto, and signed by such shareholders
respectively.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 6
Scrutiny of number of shares held by the shareholders assenting and
dissenting.

6. At the meeting so to be called as aforesaid the scrutineers to
be appointed as herein-after mentioned shall cast up the amount of
shares held by shareholders assenting to the making of such
application, and the amount of shares held by shareholders dissenting
therefrom, whether such assent or dissent have been signified by the
shareholder sending to the secretary of the company such form as
aforesaid, signed by him, or by such shareholder attending such
meeting, and delivering in the same to the chairman thereof, and
such scrutineers shall report to the chairman the amount of shares
of the shareholders asssenting to such application, and the amount
of the shares of those dissenting therefrom, and the said chairman
shall thereupon publicly announce to the meeting the said amounts
respectively, and shall state whether or not the holders of three
fifths of the whole of such shares represented in manner aforesaid
at the meeting consent to such application: Provided always, that in
computing the amount of shares of the shareholders assenting or
dissenting as aforesaid no share shall be taken into account the
holder whereof shall not have been duly registered, or who shall
not have paid all the calls then due by him upon all the shares
held by him, unless such calls shall have been made within three
months prior to the holding of such meeting, or, if such meeting
be held pursuant to a requisition of shareholders as herein-before
provided, then three months prior to the day on which such
requisition was presented to the directors.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 7
Chairman of the meeting.

7. The Chairman of the directors of such company, if present, or
in his absence the deputy chairman, if any, of such directors,
shall be the chairman of such meeting as aforesaid, or, if neither
such chairman nor deputy chairman of the directors be present, any
shareholder chosen for that purpose by a majority of the
shareholders present at the meeting shall be the chairman thereof.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 8
Meeting to elect scrutineers.

8. At every such meeting the shareholders present thereat shall
elect three shareholders of the company to be scrutineers for the
purposes aforesaid, and in electing such scrutineers each shareholder
shall have one vote only, and shall vote for one scrutineer only;
and the decision of such scrutineers, or of any two of them, upon
any of the matters hereby intrusted to them, shall be final in all
respects.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 9
Adjournment of meeting on application of scrutineers.

9. For the purpose of receiving the report of the said scrutineers
the chairman of such meeting may, if he think fit, on the
application of any one of such scrutineers, and he shall, if
required by more than one of such scrutineers, adjourn such meeting
to some time to be appointed by him, not less than one clear day
nor more than seven clear days from the day of holding such
meeting.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 10
Certificate of holding of meeting.

10. A certificate under the hand of the chairman of the meeting,
stating that such meeting as aforesaid has been duly held, and such
consent given as aforesaid in cases where the same is given, shall
within one week after the day of holding such meeting be deposited
in the office of the said Commissioners of Railways.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 11
Application by shareholders favouring abandonment against validity of
meeting.

11. Provided always, that if it appear to any of the shareholders
of any such company who shall have signed any such requisition, or
been present at any such meeting as aforesaid at which the proposal
to apply to the said commissioners to authorize the abandonment of
the whole or part of a railway shall have been negatived or
alleged to be negatived, either that such meeting was not duly
called, or that the sense thereof was not duly taken according to
the true intent and meaning of this Act, and that if such meeting
had been duly called, and the sense thereof duly taken, the consent
of such meeting to the proposed application would have been given,
it shall be lawful for any such shareholders not being less in
number than five, and holding in the aggregate not less than one
twentieth of the capital or stock of the company, consisting of
shares or stock whereon all calls for the time being have been
paid up, and which shareholders shall have paid all the calls then
due on the shares held by them, to apply to the said
commissioners, setting forth in writing the grounds on which they
complain of the decision alleged to have been come to at such
meeting as aforesaid, and praying that a further meeting may be
called; and if it appear to the said commissioners, (after hearing
the parties complained of, if they desire to be heard,) that there
is good reason to believe that if such meeting had been duly
called, and the sense thereof duly taken, the consent of such
meeting to the proposed application to the said commissioners would
have been given, the said commissioners shall certifiy their judgment
to that effect, and shall direct a further meeting to be called by
the directors of such company at the time and place to be
appointed by the said commissioners; and the said directors shall
call such meeting accordingly, or in default thereof it shall be
lawful for the shareholders who complained to the said commissioners
of the proceedings of the former meeting to call such meeting, and
all the provisions of this Act shall apply to any further meeting
so directed to be called, in like manner as to any original
meeting herein-before authorized or required to be called.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 12
If meeting determine that application shall be made, or if
commissioners certify, the directors not to proceed with works
proposed to be abandoned until after, or otherwise than in
accordance with, the decision of the commissioners.

12. If at any such meeting any railway company shall determine, as
herein-before mentioned, that such application as aforesaid shall be
made, or if the said commissioners shall certify as aforesaid their
judgment that if such meeting had been duly called, and the sense
thereof duly taken the consent of such meeting to the proposed
application to the said commissioners would have been given, then,
as from the date of the resolution so come to at such meeting, or
the date of the said certificate, as the case may be, the
directors of such company shall not have power to proceed any
further with the making of the railway, or the part thereof so
proposed to be abandoned, until the decision of the Commissioners of
Railways with respect to such application be made, and then only in
accordance with such decision.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 13
Commissioners of Railways, if they think that there are grounds for
entertaining the application, shall direct the company to give notice
of application having been made.

13. If it appear to the said commissioners that there are
sufficient grounds for entertaining such application, the said
commissioners shall require and direct the company making the same
to give notice of such application having been made, by
advertisement, inserted, in a form to be approved of by the said
commissioners, once in the ...[Belfast Gazette], ... and once in
each of three successive weeks in some newspaper published or
circulating in each county in which any part proposed to be
abandoned of such railway is situated, and affixed for three
successive Sundays on the principal outer door of the church or
churches of every parish in which any part of such railway, where
the whole is proposed to be abandoned, or in which any part
proposed to be abandoned, is situate, and in Ireland such notice
shall also be affixed to the Roman Catholic chapel, and, where
there shall be no such church or chapel, on some public or
conspicuous place of such parish; and every such notice shall set
forth within what time and in what manner any person who thinks
himself aggrieved by any such proposed abandonment, and who desires
to object thereto, may bring such objection before the commissioners.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 14
Commissioners to have power to inspect the company's books and other
documents, and to send an officer for local inspection.

14. For the purpose of ascertaining the state and condition of the
company making any such application, and of inquiring into the
expediency of the proposed abandonment of railway, and of determining
the terms and conditions on which the same may be authorized by
them, it shall be lawful for the Commissioners of Railways, by
themselves or by any officer appointed and specially empowered by
them for that purpose, to inspect the books of accounts, minutes of
proceedings, or any other books, papers, or documents, in the
possession or control of such company, and also, if they see fit
so to do, to send, at the expense of such railway company, or at
the expense of any person who applies to them for that purpose, an
officer, to be appointed by them, to inspect the railway or
proposed railway or work so proposed to be abandoned, and to
collect evidence on the spot relative to such abandonment; and if
any such company, or any of their officers or servants, shall
refuse such inspection by the said commissioners, or any officer
appointed and specially empowered by them for that purpose, or
refuse or wilfully neglect to produce to the said commissioners or
any such officer, on demand, any books, papers, or documents in the
possession or control of such company, every such company shall for
every such refusal or neglect forfeit to Her Majesty the sum of
twenty pounds, and a further sum of five pounds for every day
during which such refusal or wilful neglect shall be continued.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 15
Commissioners of Railways may authorize the abandonment of the
railway or part.

15. Upon proof to the satisfaction of the said commissioners that
such notice has been duly given, and after the expiration of the
time therein appointed for bringing objections before the said
commissioners, and after considering all the objections, if any,
brought before them, the said commissioners may, if they think fit,
and upon such terms and conditions as they think fit, by warrant
under their seal, and signed by two or more of the said
commissioners, authorize the abandonment of the railway or portion of
railway described in such warrant.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 16
In considering objections of shareholders to partial abandonment,
commissioners to have regard to local circumstances.

16. Provided always, that in considering the objections which may be
made by any of the shareholders of any railway company to the
proposed abandonment of a part only of the railway of such company,
and in determining the terms and conditions on which the said
commissioners may think fit to authorize any such partial
abandonment, the said commissioners shall have regard to the local
situation of the lands and residences of the shareholders so
objecting, with reference to the portion of railway proposed to be
abandoned; and in the case of any such shareholders being original
subscribers to the undertaking, and not being solicitors, agents, or
engineers employed in promoting the same, and whose places of
residence or lands are adjoining or near the line of the portion
of railway so proposed to be abandoned, it shall be lawful for the
said commissioners, if they think fit so to do, in any direction
which (under the provision herein-after contained) they may give for
reducing the capital of the company authorized to construct such
railway, to provide at the request of any such last-mentioned
shareholders, that the nominal amount of the shares held by them in
such company may be reduced to the amount then already paid up by
them respectively, or to such other extent as the said commissioners
may think fit to order in that behalf, or the said commissioners
may, at the like request, direct any such shares to be cancelled,
and a part of the monies that may have been paid up in respect
of such shares, bearing such proportion to the whole as the said
commissioners, having regard to all the circumstances of the case,
shall think fit to determine, to be repaid to such shareholders.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 17
Notice of warrant of abandonment to be given, and persons having
claims for compensation, &c. to be required to send them in.

17. Within one month after the day on which any such warrant as
aforesaid is granted by the said commissioners, the railway company
to which the same applies shall cause notice thereof to be inserted
in the ... [Belfast Gazette], ... and once in each of three
successive weeks in some newspaper published or circulating in each
county in which any part of such abandoned railway is situate, and
to be affixed for three successive Sundays on the principal outer
door of the church or churches of every parish in which any part
of such railway is situate, and in Ireland such notice shall also
be affixed to the Roman Catholic chapel, and, where there shall be
no such church or chapel, on some public or conspicuous place of
such parish; and every such notice shall require all persons having
any claims or demands upon the said company for compensation or
otherwise, by reason of the abandonment of railway authorized by
such warrant to transmit the statement of such claims or demands to
the secretary of such company, at the office or usual place of
business of the same company, within four months from the date of
such warrant.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 18
Certificate of due publication of the notice of the warrant.

18. Upon proof to the satisfaction of the said commissioners that
notice of such warrant has been duly published in manner herein
before required, the said commissioners shall certify the same
accordingly; and such certificate shall be received in all courts of
justice or elsewhere as evidence that such notice was duly published
as aforesaid.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 19
After the granting of warrant, the company to be released from
liability to make the railway or part thereof authorized to be
abandoned, &c.

19. After the granting of any such warrant, and the publication of
such notice thereof as aforesaid, the company shall (subject to the
provisions herein-after contained) be released from all liability to
make, maintain, or work the railway mentioned in such warrant, or
the part thereof thereby authorized to be abandoned, or to purchase
any of the lands required for the making thereof, or to complete
the purchase of any such lands for the purchase of which notice
may have been given, or any contract entered into, by or on behalf
of the company, or to complete any contract for or concerning the
making, maintaining, or working of the railway so to be abandoned,
or any other contract relating to the railway or part of railway
so authorized to be abandoned, which by reason of such abandonment
cannot be performed: Provided always, that nothing in this Act
contained shall extend to release the company from any liability to
complete the purchase of any land for the purchase of which any
contract may have been entered into by or on behalf of the
company, and which contract may have been in part performed, or by
virtue or in pursuance of which a specified sum or price as the
consideration for the purchase of lands thereby agreed to be sold
to or taken by the company shall have been fixed or ascertained
previously to the passing of this Act notwithstanding the time for
the completion of the purchase named in such contract shall have
been subsequently extended by agreement or arrangement with the
company.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 20
Where contracts have been entered into or notices given, compensation
to be made for non-completion.

20. Provided always, that in every case in which before the
granting of any such warrant any notice hath been given or contract
entered into by or on behalf of the company named therein for
purchasing any lands which such company were by the Acts relating
thereto empowered to purchase for the purpose of constructing the
railway or portion of railway so authorized to be abandoned, and
from which contract such company would be relieved under the
provisions herein-before contained, or where any contract hath been
entered into for or concerning the constructing, maintaining, or
working of the railway or part of railway so authorized to be
abandoned, or any other contract relating thereto, which by reason
of such abandonment cannot be performed, the company shall make to
the owners or occupiers of and other parties interested in such
lands, or being parties to such contracts as aforesaid, compensation,
to be determined by arbitration as herein-after mentioned, for all
injury or damage, if any, sustained by such owners, occupiers, and
other parties, by reason of such purchase not being completed
pursuant to such notice, or by reason of such contract not being
performed.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 21
Compensation to adjoining landowners in lieu of accommodation works,
where railway has been commenced.

21. Where any railway or part of a railway so authorized to be
abandoned shall have been then made or commenced, such company shall
make to the owners and occupiers of the lands adjoining the railway
or part of a railway so commenced or made, and authorized to be
abandoned, compensation, to be determined by arbitration as
herein-after mentioned, for all such injury or damage, if any, as
shall be sustained by such owners or occupiers by reason of the
omission to make gates, passages, drains, watercourses, bridges, and
such other works for the accommodation of lands adjoining the
railway as such company would have been required to make if such
railway had not been allowed to be abandoned.

Ss.22, 23 rep. by SLR (NI) 1954

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 25
Amount of compensation to be settled by arbitration.

25. The amount of compensation so to be made in the several cases
aforesaid shall be determined, in case of difference, by arbitration,
in the manner provided by the Railways Clauses Consolidation Act,
1845, ... as the case may require, and for that purpose all the
clauses of the said Railways Clauses Consolidation Acts with respect
to the settlement of disputes by arbitration shall be deemed to be
incorporated with this Act: Provided always, that no such railway
company shall be liable to make any compensation in respect of
damage alleged to have been sustained by reason of the abandonment
of the railway or part of the railway, or the non-completion of
any contract of such company in any of the cases aforesaid, unless
the claim for such compensation shall have been made within six
months after the publication in the Gazette of the notice of the
warrant for such abandonment, as herein-before provided.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 26
Company to be still liable for damage occasioned by their entry on
lands, &c.

26. Provided also, that the authority so as aforesaid given for
abandoning the making of any such railway or part of a railway
shall not prejudice or affect the right of the owner or occupier
of any lands to receive from such company compensation for any
damage that may have been occasioned by the entry of such company
upon such lands, for the purpose of surveying and taking levels,
and of probing or boring to ascertain the nature of the soil, or
of setting out the line of the railway, pursuant to the provisions
for that purpose in the Lands Clauses Consolidation Act, 1845, ...
contained.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 27
Lands purchased by the railway company to be sold as superfluous
lands.

27. All the lands acquired by such company for the purposes of the
railway or part of railway so authorized to be abandoned shall be
sold by such company within the time limited or prescribed for that
purpose in the warrant authorizing the abandonment of such railway,
and if no time be therein prescribed for that purpose, then within
two years from the date of such warrant, in the manner prescribed
by the said Lands Clauses Consolidation Acts with respect to the
sale of superfluous lands; and for that purpose all the clauses of
the said last-mentioned Acts with respect to the lands acquired by
the promoters of the undertaking under the provisions of their
special Act, but which are not required for the purposes thereof,
shall be deemed to be incorporated with this Act: Provided always
that the offer to be made by the railway company, pursuant to the
said Acts, to sell such lands to the person entitled to the lands
from which the same were severed, shall be made at a price or sum
not greater than the price or sum at which such lands were
purchased by such company.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 28
Reduction of capital on abandonment.

28. When the said Commissioners of Railways, by any such warrant as
aforesaid, authorize the abandonment of a part only of the railway
of any railway company, they may, if they think fit, require that
the capital authorized to be raised by such company in respect of
such railway shall be reduced to such extent and in such manner as
the said commissioners think fit, and so that such reduction do not
bear a greater proportion to the whole capital so authorized to be
raised than the cost of the part of the railway so authorized to
be abandoned would have borne to the cost of the whole railway;
and they may also, if they think fit, in like manner reduce the
amount which such company are authorized to borrow on mortgage or
bond, and every such reduction shall be expressed in the said
warrant; and in every such case the capital of such company, and
their power of borrowing money, shall be reduced and limited in
conformity with the directions for that purpose contained in such
warrant; and such company shall have all the same powers for
enforcing the payment of calls in respect of the shares in the
capital when reduced in the manner required by the said
commissioners, and for enforcing the forfeiture of any such shares
in default of payment of such calls, as such company would have
had in respect of the original capital of such company if this Act
had not been passed: Provided always, that nothing herein contained
shall authorize the said company to reduce or interfere with any
amount of capital paid up or called for before the eleventh day of
February one thousand eight hundred and fifty, and entitled to any
preferential or guaranteed dividend or interest.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 29
On abandonment of the whole railway, powers of company to cease.

29. After the granting of any such warrant as aforesaid for the
abandonment of the whole railway of any railway company, the powers
of such company for the construction, maintenance, and management of
such railway shall cease, and such company shall continue to exist
only for the purpose of winding up their affairs, .......

Ss.30, 31 rep. by 1869 c.114 s.10

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 34
In case of petition for winding up, landowners, &c. entitled to
compensation to be deemed creditors.

34. In the event of the affairs of any such company being wound
up under any such petition, the compensation herein-before directed
to be given to the owners and occupiers of lands and others in
respect of the damage sustained by them by reason of such
abandonment in the cases herein-before mentioned, or by reason of
the non-completion of any such contract as aforesaid, or otherwise,
shall be deemed a demand claimed from, and when ascertained in the
manner provided by this Act a debt due from, such company, and the
party by whom such compensation is claimed shall be deemed a
"creditor," in ... Ireland, within the provisions of the said Joint
Stock Companies Winding-up Act ... and in case any lands purchased
by such railway company shall be sold by the official manager under
the said Act, they shall be sold in the manner and subject to the
provisions contained in this Act.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 35
Saving as to pending actions, &c.

35. Provided always, that this Act, or any proceeding thereunder,
shall not prejudice or affect ... any action, suit, or other
proceeding against a company which shall not have obtained a warrant
authorizing the abandonment of the railway or part of a railway in
respect of which such action, suit, or other proceeding shall be
instituted, unless such company shall, within three days after notice
for that purpose from the party suing them, give such party notice
of their intention to apply for such warrant, and shall obtain the
same and serve notice thereof on such party within three calendar
months thereafter, but all such actions and suits and other
proceedings shall be proceeded with, and judgments recovered, and
rules, orders, and decrees made therein shall be enforced, as if
this Act had not been passed, save only that the same, after
notice given by the company of their intention to abandon as
aforesaid shall be suspended for three calendar months, if the
warrant be refused or be not obtained within that time.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 36
Saving as to agreements to construct railways.

36. Provided always, that nothing in this Act contained shall extend
or be construed to extend to authorize the abandonment by any
company of any railway or portion of a railway, or other works,
which such company has agreed under its corporate seal to make and
construct according to any agreement entered into either with any
individual or with any other company, unless such individual or
company shall consent in writing to such abandonment.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 37
Commissioners to report to Parliament where abandonment is authorized
by them.

37. In each case in which the said commissioners authorize the
abandonment of the whole or a portion of a railway, they shall,
within ten days after issuing their warrant for that purpose, if
Parliament be then sitting, or if not, then as soon thereafter as
Parliament meets, lay before both Houses of Parliament a copy of
every such warrant, accompanied by such report and observations as
shall in the judgment of such commissioners set forth and explain
the reasons for their award and warrant in every such case as
aforesaid.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 38
Interpretation of terms.

38. The following words and expressions in this Act shall have the
meanings hereby assigned to them, unless there be something in the
subject or context repugnant to such construction; (that is to say,)

Words importing the singular number only shall include the plural
number, and words importing the plural number only shall include
also the singular number:

Words importing the masculine gender shall extend to females:

The word "person" shall include body corporate:

The word "lands" shall include messuages, tenements, and
hereditaments:

The word "railway" shall include all works, buildings, and
undertakings authorized to be constructed and carried on in connexion
with the railway, or belonging thereto:

The word "shares" shall include stock:

The word "month" shall mean calendar month.

ABANDONMENT OF RAILWAYS ACT 1850 - SECT 39
Section 5.

39. In citing this Act in other Acts of Parliament, and in legal
and other instruments and proceedings, it shall be sufficient to use
the expression "The Abandonment of Railways Act, 1850."

S.40 rep. by SLR 1875

(1.) The secretary will insert these particulars.

(2.) In this column the shareholder will write the word "assenting"
or "dissenting," as the case may be, and sign his name thereunder.






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