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No. XXVII. be applied for the general purposes of the said Company: ProRailway Act. vided always, that directors shall resort to reserved fund instead of making calls on proprietors.

Weight of tonnage ascer tained.

Sect. 37. Regulations as to the acquisition of shares, see ante, No. XXIV. s. 64.

Sect. 38. Powers of directors, see ante, No. XXIV. s. 56. Sect. 39. Directors may appoint committees under them, see ante, No. XXIV. s. 57.

Sect. 40. Accounting by officers, see ante, No. XXIV. s. 53. Sect. 41. Provisions as to Company taking and recovering &c. rates, see ante, No. XXIV. ss. 66-75.

Sect. 42. And for the better ascertaining and more easily collecting the said rates, the owner or person having care of any carriage passing upon the said railway shall give to the collector an exact and true account in writing, signed by him, of the quantity of goods contained in such carriage, whence brought, and where intended to be unloaded or left; and if the goods are liable to different rates, then the owner shall specify the quantities liable to each rate; and in case he neglect or refuse to give such an account, or to produce a bill of lading, or he give a false account, or deliver a part of his lading at any other place than is mentioned in such account, with intent to evade the payment of the toll, every person so offending shall forfeit any sum not exceeding 40s. for every ton of goods of which an account is refused to be given or otherwise.

Sect. 43. For better ascertaining the tonnage of goods to be charged with the payment of rates as aforesaid, one hundred and twelve pounds weight shall, for the purposes of this Act, be deemed to be one hundred weight, and twenty such hundredweight to be one ton; and for ascertaining the tonnage of stone and timber, fourteen (or "sixteen") cubic feet of stone, forty cubic feet of oak, mahogany, beech and ash, and fifty cubic feet of all other timber, shall, for the purposes of this Act, be deemed to be one ton weight.

Sect. 44. Provisions as to weighing carriages, see ante, No. XXIV. s. 77.

Sect. 45. Owners of waggons to put their names on the outside of waggons, see ante, No. XXIV. s. 86.

Sect. 46. Penalty on obstructing railway, destroying works, No. XXVII. Railway Act. &c. see ante, No. XXIV. s. 88.

Sect. 47. The said Company shall, at their own costs and charges, make, set up and maintain from time to time all gates, bridges, culverts, fences, ditches, drains and passages, over, under, or by the side of any lands adjoining to the said railway, of such dimensions and in such manner as any two justices of the peace for the said county of shall judge

necessary and appoint, (in case there is any dispute about the
same,) for the use of the owner and occupier of the lands or
grounds through which the said railway is made, and for pro-
tecting the said lands from trespasses or otherwise; and for the
purpose of making such gates or other things, it shall be lawful
for the said Company, their servants or agents, to enter upon
the said lands with carts and horses, and to do all necessary acts
thereupon; and in case the said Company neglect or refuse to
make such gates &c. for the space of twenty days after the time
fixed for doing the same by said justices, it shall be lawful
for the owners or occupiers of such lands, who find themselves
aggrieved by such refusal or neglect, to make such gates &c., and
all the reasonable costs and charges thereof, to be settled and
allowed by such two justices, shall be repaid to the said owner
or occupier, and in default of payment shall be levied by distress
and sale: Provided always, that if any of the owners or occu-
piers of the said lands apprehend that any such gates &c. so
appointed by said justices, are insufficient in number or situ-
ation, it shall be lawful for such owners &c. after twenty-one
days' notice given to the said Company, with the approbation
of said justices, to make others and to maintain the same at
their own costs and charges, as occasion requires, so that the
passage through or along the said railway be not obstructed
for any longer space of time,
other manner than the
same would necessarily have been if such gates &c. had been
made by the said Company: Provided also, that such owner &c.
shall be at liberty to pass along the said railway, as far as their
lands extend, without paying toll.

or

in

any

Sect. 48. Provision that railway shall be free on payment of tonnage, see ante, No. XXIV. s. 78: Provided always, that no person shall pass with any waggon or carriage, unless the same

No. XXVII. be constructed in such manner as shall be approved of by the Railway Act. engineer of the said Company.

Sect. 49. No waggon or other carriage shall carry at any one time along any part of the said railway, including the weight of such carriage, more than four tons weight, except in any one piece of timber, stone, or machinery, which nevertheless shall not exceed eight tons weight.

Sect. 50. The said Company shall and they are hereby required, at their own proper costs and charges, to divide and to keep constantly divided and separated all land, taken for the purposes of the said railway, from the adjoining lands or grounds, with good and sufficient rails, hedges, ditches, mounds and other fences, in case the owners or occupiers thereof respectively desire the same to be fenced off; and said Company shall also set up and maintain all necessary gates and stiles in such fences.

Sect. 51. All persons opening any gate set across said railroad shall shut the same after the carriage has passed through, on pain of forfeiting 40s. for every such offence.

Sect. 52. It shall be lawful for the owner and occupier of adjoining lands to lay down railways from their respective lands to communicate with the said railway, and the said Company shall be bound to make, at the expence of the said owners &c., openings in the ledges or flanches thereof convenient for effecting such communication: Provided always, that nothing in this Act shall extend to prevent the said owners &c. to make any railroad or tramroad across the said railroad, so as the same do no injury to or prevent the free passage along, over, or upon the same.

Sect. 53. The said Company shall and they are hereby required, at their own proper costs and charges, to make arches, tunnels, culverts, drains or other passages, over, under, or by the side of the said railroad, of sufficient dimensions to convey the water from lands adjoining thereto; and also to make proper watering places for cattle in all cases where, by means of the said railroad, the cattle of any person occupying such lands are deprived of their ancient watering place, and to supply the same at all times with water from such rivers, brooks, streams or springs of water, as would have supplied the cattle of such person if the said railway had not been made. And the said Company shall and are hereby authorized to make so many watercourses and

or the

drains by the side of or under the said railway, or in, through,
over and across any lands adjoining, of such dimensions and in
such manner as any two justices of the county of
town of shall judge from time to time to be necessary for
supplying watering places with water; and all such arches &c.
shall be cleansed, scoured, and maintained and kept in good
and sufficient repair by the said Company; and it shall be
lawful for any person to apply for an order from the two said.
justices, who are hereby authorized at their discretion to grant
an order, enabling such person to make, cleanse and repair
such arches, tunnels &c., and the reasonable expences thereof
(to be ascertained by said justices) shall be defrayed by the said
Company, and, in case of nonpayment by the said Company,
may be levied and recovered by distress and sale.

95

No. XXVII.

Railway Act.

tice &c on the

Sect. 54. In all cases where it is necessary to serve any notice, Service of nowrit or other proceeding, upon the said Company, service upon Company. any two [or "one"] of the directors, or upon the clerk or treasurer of the said Company, or left at the office or place of abode of the said clerk, shall be deemed good and sufficient service. And where it is necessary for the said Company to give any notice to any person or body politic, such notice may be signed by the said clerk, without being under the common seal of the said Company.

Sect. 55. If the said Company do not, within the space of five years from the passing of this Act, agree for and cause to be valued and paid for, as in this Act mentioned, any houses or buildings (or "any lands, tenements, and hereditaments,") for the purposes of making the said railway, in that case the powers given by this Act shall cease, determine, and be utterly null and void.

Sect. 56. Provision as to noncompletion of railway within seven years, see ante, No. XXIV. s. 104.

Notice by the
Company.

case of aban

way undertak

Sect. 57. If the said railway or tramroad, hereby authorized Provision in to be made, be abandoned by the said Company, and be not doning the railused for the of three space in such case the ground so years, ing. purchased or taken by the said Company for the purposes of this Act shall vest in the owners of the adjoining lands in manner following, that is to say, one moiety thereof shall vest in the owner of the lands on one side, and the other moiety in

No. XXVII. the owner of the lands on the other side; and the said tunnel Railway Act. shall in such case revert to the corporation of the said town of ; and the said Company are hereby required, upon the request of the mayor, bailiff, and commonalty of the said town of , to take down and remove the walls of any of the eyes or openings into the said tunnel, and to arch over or fill up all cavities occasioned thereby; and it shall be lawful for the said Company in such case to sell any houses, buildings, or lands purchased within the said town.

Sect. 58. Recovery of penalties, see ante, No. XXIV. s. 96, and power to apprehend offenders, ib. s. 97.

Sect. 59. Compelling attendance of witnesses &c. see ante, No. XXIV. ss. 99 —

Sect. 60. Distress not to be unlawful for irregularity, see ante, No. XXIV. s. 98.

Sect. 61. Limitation of actions, see ante, No. XXIV. s. 103.

No. XXVIII.

Of a new
Tenant.

ADMITTANCES.

No. XXVIII.

Admittance of a new Tenant to Copyholds.

Obs. 1. Admittance is the acceptance of a tenant, which gives an equitable but not a legal title; therefore the admittance of a devisee, where the testator had not surrendered to the will, conferred no right in a court of law, Doe dem. Vernon v. Vernon, 7 E. 8. Admittance of a tenant for life is the admittance of a remainderman where there is no custom, Barnes v. Cook, 3 Lev. 308; Dean of Ely v. Caldecott, 8 Bing. 439. So the admittance of joint tenants is as of one tenant, Kitch. 122; 1 Cov. Watk. Copyh. 338. So also, as it should seem, in the case of coparceners, 1 Cov. Watk. 339; Rex v. Lord of the Manor of Bonsall, 3 B. & C. 173.

2. By the 11 G. 4 & 1 W. 4, c. 65, s. 3, an infant by his guardian or attorney, a feme covert by attorney, and a lunatic by committee, may be admitted to copyholds. If in such cases the fines be not paid within three months after admittance, they may (by s. 6) be demanded by a note in writing, to be signed by the lord of the manor or his steward and left with the guardian of the infant, the

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