Oldalképek
PDF
ePub

which have been or shall be hereafter created or given by the said Railway Company, except a certain Security given to Trus. tees named as the Trustees of the Royal Canal Company for a Part of the Amount of the Purchase Money for the said Canal, and in respect of which Security a Sum not exceeding One hundred and thirty-five thousand eight hundred and sixty Pounds Fifteen Shillings and Eight-pence, with the current Half Year's Interest

thereon, is now due and owing. Incorporated VII. And be it enacted, That the said Railway Company incorName of Rail. porated by the said first herein-before mentioned Act which way Company. relates to the said Company shall for the Purposes of this Act be

deemed and taken to have been incorporated by the Name of “ The Midland Great Western Railway of Ireland Company," and all Acts done by the said Company under the Name by which the said Company was first incorporated shall be binding and effectual, and all Acts done or to be done by the said Company in the Name of the “ Midland Great Western Railway of Ireland Company” shall be as binding as if they had been done in the Name by which the said Company was originally

incorporated. Baronies in

VIII. And be it enacted, That if any Monies shall be borGalway, and owed by the said Railway Company under the Provisions of this Two Baronies Act, then so long as any Part whatever of the Principal Monies in Roscommon, borrowed shall remain unpaid, and as from the Time of any such to pay a Sum

Loan or Loans respectively, a Sum equal to One Pound Fifteen equal to Interest on Ad- Shillings per Cent. on the Sum or Sums originally borrowed shall vances in cer- (subject as after mentioned) be paid half-yearly to the said Rail. tain Events. way Company by the Barony of Moycarn and the Barony of Ath

lone in the County of Roscommon, and by all the several Baronies and Half Baronies in the County of Galway, and by the County of the Town of Galway, all in that Part of the United Kingdom of Great Britain and Ireland called Ireland, rateably and in the Proportions to be ascertained as after mentioned: Provided nevertheless, that if after the said Railway from Athlone to Galway, or any Part thereof, shall have been opened, there shall be any Profit made by such Railway in any Half Year (such Profit to be ascertained as after mentioned), then the Amount thereof shall be deducted from the half-yearly Amount which would otherwise be payable by such Baronies and Half Baronies and County of the Town of Galway; and if such Profit shall equal or exceed the

Amount so to be paid, then no such Payment shall be made. Treasury to ap

IX. And be it enacted, That for the Purpose of ascertaining the point Arbitrator Proportions in which the said Baronies and Half Baronies and to determine

County of the Town of Galway shall pay the said Sum so to be Proportion to be paid by cach paid half-yearly as aforesaid, and during such Time as the same Barony, &c. shall be payable, it shall be lawful for the Commissioners of Her

Majesty's Treasury from Time to Time to appoint a Person or Persons who shall by his or their Award in Writing assess and determine the relative Proportions in which such Sum shall be paid and made up by each of the said several Baronies and Half Baronies and County of the Town of Galway, such Person or Persons taking into consideration the Benefit or supposed Benefit (immediate or prospective) which such Baronies and Half Baronies and County of the Town of Galway may in his or their Opinion

be

pany's Aca

be likely to derive from the Formation and opening of such Railway ; and the Award of such Person or Persons under his or their Hand or Hands shall, when allowed by the said Commissioners of Her Majesty's Treasury, in all respects be final and binding on the said Baronies and Half Baronies and County of the Town of Galway ; and from and immediately after the Allowance of such Award by the said Commissioners of Her Majesty's Treasury the said several Baronies and Half Baronies and County of the Town of Galway, and all Lands, Tenements, and Hereditaments therein respectively, shall be and are hereby charged and made chargeable with the Payment of such Sum in the several Proportions specified and set forth in such Award; and after such Award shall have been allowed in manner aforesaid the same, and such Duplicates thereof as may be necessary, shall be delivered to the said Railway Company upon their Request, and upon Payment by them to such Person or Persons making such Award as aforesaid of such Remuneration, if any, for his or their Trouble in making such Award as the said Commissioners of Her Majesty's Treasury shall determine.

X. And be it enacted, That the Commissioners of Her Ma- Treasury to jesty's Treasury, during such Period as any Principal or Interest appoint Audi

tors of Com. Monies shall remain unpaid in respect of the Securities to be given to the said Public Works Loan Commissioners as aforesaid, counts. shall and they are hereby authorized and required from Time to Time to appoint a fit and proper Person or fit and proper

Persons (not exceeding Three in Number) to audit the Accounts of the said Railway Company, and to make Certificates in pursuance of the Directions herein-after contained ; and that it shall and may be lawful to and for the said Commissioners of Her Majesty's Treasury during such Period as aforesaid from Time to Time to revoke the Appointment of such Auditor or Auditors, or any of them, and such Auditor or Auditors from Time to Time to remove, and his or their Powers and Authorities to revoke, and any other Person or Persons in the Place of such Person or Persons so displaced, or of any Person dying, to appoint, with the same Powers or Authorities, and the said Railway Company shall pay to cach of the Persons so appointed such a Sum for his Trouble in making such Audit as the said Commissioners of Her Majesty's Treasury shall from Time to Time fix and determine.

XI. And be it enacted, That for the Purpose of ascertaining for the Purthe Amount of net Profits (if any) of the whole or any Portion of pose of ascerthe said Railway from Athlone to Galway the said Railway Com- taining net

Profits, Railpany shall from Time to Time, and at all Times so long as any way Company Principal Monies shall remain unpaid in respect of any Securities to keep separate to be given to the said Public Works Loan Commissioners as afore- Accounts resaid, keep the Accounts of the Receipts and Expenditure relating lating to Line to the whole or any Portion of the Railway between Athlone and

between Ath

lone and Galway, and all Matters connected therewith, separate and dis- Galway. tinct from the Accounts of all other Receipts and Expenditure by the said Railway Company, such Accounts to be kept in such Manner and Form as such Auditor or Auditors shall from Time to Time direct; and that the said Company shall, after any such Accounts to bu Advances, and within One Calendar Month after the Thirtieth audited. Day of June and the Thirty-first Day of December in every Year,

make

make out or cause to be made out and rendered to the said Audi-
tor or Auditors a full, true, and distinct Account of all the Re-
ceipts and Expenditure for the then preceding Half Year of and
relating to the said Railway from Athlone to Galway, and every
Part thereof, which Account the said Auditor or Auditors shall
and he or they is or are hereby authorized and empowered to
examine with the Documents or Vouchers evidencing the same
(which Documents and Vouchers, and all Books, Papers, and
Accounts in the Custody or Control of the said Railway Company
relating to the Business of the said Company, shall, upon the Re-
quest of the said Auditor or Auditors to that Effect, be forthwith
produced by the said Company to him or them, who shall be at
liberty to examine the same); and for the Purpose of judging of
the Accuracy of such Account such Auditor or Auditors shall and
may and he and they is and are hereby empowered to examine all
other the Accounts of the said Company relating to the other
Parts of the said Railway or Branches now made or hereafter to
be made; and which said Accounts and the Vouchers relating to
the same the said Company are hereby directed to keep and pro-
duce during such Time as aforesaid as the said Auditor or Audi-
tors shall direct, and he or they shall adjust and balance such
Accounts relating to the said Railway from Athlone to Galway,
and complete such Audit for the Purpose of ascertaining whether
during such preceding Half Year any Profit shall have been made,
and of preparing such Certificate as is herein-after mentioned ; and
the Opinion of such Auditor or Auditors as to the Mode of keeping
and balancing such Accounts as aforesaid, and as to the Monies or
Proportion of Monies to be charged to the said Railway from
Athlone to Galway, either as Capital or Income, and as to all
other Matters relating to the said Accounts, or what in his or their
sole Opinion shall be considered as Profit, shall in all respects be

final and conclusive on all Parties. Auditor shall,

XII. And be it enacted, That such Auditor or Auditors shall on Completion on the Completion of every half-yearly Audit, and so long as any of each Audit, Monies advanced to the said Railway Company as aforesaid shall ascertain if

remain unpaid, ascertain and determine whether the said Railway Company have made Payments

Company have, by themselves or otherwise, for the preceding as by Security Half Year, made such half-yearly Payments as by virtue of the for Loans they Security or Securities for any such Loan or Loans they shall be are liable to, liable to pay, and also after the said Railway from Athlone to and also Amount Galway, or any Part thereof, shall have been completed and open of Profits,

to the Public, (from a Profit and Loss Account of the Income and Expenditure of the said Railway from Athlone to Galway,) ascer, tain and determine the Amount, if any, of Profit which shall appear on such Account to have been made during such Half

Year. Auditors to

XIII. And be it enacted, That when such Auditor or Auditors certify Sums shall find that the said Railway Company have made such Pay. payable by cer- ments as aforesaid for the preceding Half Year, and not before, win Baronies.

then he or they shall by a Certificate under his or their Hand or Hands certify the same, and also the Amount of Profit (if any), after the said Railway between Athlone and Galway, or any Part thereof, shall have been opened, appearing on such Account as aforesaid, and (after deducting such Profit (if any) from the

Amount

Amount of the said half-yearly Payments of One Pound Fifteen
Shillings per Centum secured to be paid by such Baronies and
Half Baronies and County of the Town of Galway as aforesaid)
the said Auditor or Auditors shall in such Certificate ascertain and
state the Balance remaining to be paid to make up such half-yearly
Payments of One Pound Fifteen Shillings per Centum as aforesaid,
and the proportionate Part of such Balance which is to be raised
and levied in each such Barony and Half Barony and County of
the Town of Galway, such proportionate Parts to be ascertained
and determined according to the several Proportions to be specified
and set forth in the herein-before mentioned Award: Provided Proviso,
nevertheless, that after the said Railway between Athlone and Gal.
tay, or any Part thereof, shall have been completed and opened
to the Publie, and when and so often as the Profit on such Account
as aforesaid shall equal or exceed the said half-yearly Payments of
One Pound Fifteen Shillings per Centum, secured to be paid by
such Baronies and Half Baronies and County of the Town of
Galway, then such Auditor or Auditors shall state the same in
such Certificate, and that consequently for such Half Year no
Payment is to be made in respect of such half-yearly Payments
secured to be made by the said Baronies and Half Baronies and
County of the Town of Galway, and every such Certificate shall
be final and binding on all Parties.

XIV. And be it enacted, That in taking and keeping the Provisions with aforesaid Account of Profit and Loss no Payment by the said respect to Profit

and Loss Railway Company to the said Public Works Loan Commissioners,

Account, nor any Receipts by the said Railway Company in respect of such half-yearly Payments of One Pound Fifteen Shillings per Centum shall be taken into account as Profit or Loss, but the same shall solely contain the Amount of Income and Expenditure relating to the aforesaid Railway from Athlone to Galway; and when in any One Half Year the Amount of Profit shall exceed the Sum which in case of no Profit would have been payable by such Baronies and Half Baronies and County of the Town of Galway, then, after deducting therefrom the Amount which would otherwise have been 80 payable, the Balance of any Profit remaining shall be carried to the next balf-yearly Account as Profit.

XV. And be it enacted, That the said Auditor or Auditors Auditors to shall, on the Request of the said Railway Company, and within deliver Certiß. One Calendar Month after the Date of every such Certificate, cate to Railway deliver the said Certificate, and a Duplicate or Duplicates thereof,

Company, to the said Company.

XVI. And be it enacted, That the said Railway Company shall Sums menfrom Time to Time deliver the said Certificate, or such Duplicate

tioned in

Auditor's Cer, thereof as aforesaid, to the Secretary of the Grand Jury of each tificate to be County or County of a Town in which any such Barony or Half presented by Barony or County of a Town as aforesaid shall be situate, and Grand Jury, each Secretary of the Grand Jury shall lay such Certificate or and paid by Duplicate thereof before the Grand Jury of such County or County Treasurer, of a Town at the next Assizes after he shall receive the same, and it shall be lawful for every such Grand Jury and they are hereby required, without Application to Presentment Sessions, to present the Sum specified to be payable in every such Certificate relating to such County or County of a Town to be raised and levied off 12 & 13 Vict, P

such

1

1

such respective Baronies or Half Baronies in each of the said
Counties, or off such County of a Town, and the same shall be
raised and levied accordingly together with and in like Manner
and subject to like Provisions as other Monies presented by such
Grand Jury at the same Assizes, and the Treasurer of such
County or County of a Town shall pay the Sum so presented by
the Grand Jury, when and as by him received, unto the said

Railway Company, or in such other Manner as the said Company In case the shall direct : Provided always, that if the Grand Jury of any Grand Jury such County or County of a Town shall fail to present the Sum fail to present, or any Part thereof specified to be payable in any such Certificate Treasurer shall

relating to such County or County of a Town, the Treasurer of insert such Sum in the

such County or County of a Town shall and he is hereby required Warrant, which to insert such Sum or such omitted Part thereof in his Warrant shall be levied for raising the Monies presented at the same Assizes, as if such as if it had

Sum had been duly presented by such Grand Jury to be raised in been presented.

manner herein-before mentioned off the respective Baronies or Half Baronies properly chargeable therewith as aforesaid, or County of a Town (as the Case may be), and the same shall be raised and levied off such Barony or Half Barony or County of a Town (as the Case may be) accordingly, as if the same had been so pre. sented, and the said Treasurer shall pay over the Amount, when by him received, as herein-before provided in the Case of such

Money being presented by the Grand Jury. Railway Com. XVII. And be it enacted, That, notwithstanding the said Railpany's Powers way Company may borrow any Monies in pursuance of this Act, of borrowing such borrowing shall not prevent their borrowing any Sum or Money not to

Sums of Money which by the aforesaid Acts relating to the said be affected by Railway they are or shall be authorized to borrow, and they shall this Act, except as herein men

be entitled to borrow the same in all respects as to Amount, sioned.

Security, or otherwise as if this Act had not passed, and as if no Monies had been borrowed under the Powers of this Act, except that the Securities to be given by the said Company shall be subject in all respects to the Securities at any Time to be made in pursuance of this Act, and except that if the said Company shall borrow any Monies in pursuance of the Powers of this Act the said Company shall not be entitled, in pursuance of the Powers contained in the said Act for making the said Railway from Athlone to Galway, to borrow any of the Monies by that Act autho.

rized to be borrowed. Company to XVIII. And whereas it is expedient, for the Purpose of make out Maps ' employing the Poor in that Part of Ireland, that the said Railand Schedules

way Company should be enabled to enter into possession of the of Lands, &c.

Land and other Hereditaments required for the Purposes of the required for Railway from ' said Railway from Mullingar to Galway, and by the said Acts Mullingar to respectively relating to such Railway authorized to be taken by Galway.

the said Company: And whereas the said Railway forms the • central Part of the Main Line from Dublin to Galway, and the

whole Line of Railway Communication cannot be completed ' unless Provision is made for constructing the said Line from ' Mullingar to Athlone simultaneously with that from Athlone to Galway, and the said Company have agreed to proceed there

with without Delay upon obtaining immediate Possession of the Land necessary for that Purpose: Be it therefore enacted, That

[ocr errors]

6

6

« ElőzőTovább »