Colnbrook Railway Act 1866
| Jurisdiction | UK Non-devolved |
| Citation | 1866 c. cccxliii |
AX"O
VTCESIMO
NONQ
c9:
TRICESllLlO
HEREAS
the
dii1jg
and
inaintaining
of
Railways
from
the
Groat
CVesfei*/~
Railwaj- and the
~T,n!idge
13racch
of
that
hiln-ay,
at
or
11eilr
the
m~st
DHyfQl2
Station,
to
C'ol1~6rooX,
and
to the
U'imlsor
Branch
ofthe
Lon(lon
co2d
XoutJmmtern
Railway at
or
near
Staincs
in the County
of
Middkwt.,
would be
of
public and local Advantage
:
And
whereas
the several Persons in that
Behalf
ii;
this
,4ct
named,
dh
others, are ~villing at their
own
Expense
to execute the Undertaking
:
And whereas Plans and Sections showing
the
Lines
and Levels
of
the ILailvays
by
this Act authorized to be
made, and the Lands
to
be taken
for
the Purposes thereof, and
a
Book
of
Refereiice
to those
Plans
containing the
Names
of
the Owners
or reputed (hners,
Lessces
or
reputed Lessees, and Occupiers
of
those
Lands,
haw been deposited with
the
respective
Clerks
of
the
Peace
the Countics
of
Huckl?2g~11an~
and
Il/iiid:lleses,
and
those
Plans, Sections,
aid
Book
of
Merenee
are in this Act referred to
as
the deposited Plans, Sections,
and
Book
of
Reference
:
And
whereas
it
is
expedient that
the
Agreement between the
Great
Wcste7.12
and
London
and
South-icestern
Railway Companies contained
in
the
[Local.]
58
Q
Schedule
5306
8
ci5
9
Vict.
I‘C.
16.,
18.,
&
20.,
23
&
2-1
I’irt.
c.
IO&,
ant1
26
&
27
Vict.
e
92.
r%
11
8.
i
ncorpor>itetl.
Interpieet
R
-
tion
of
1
erms.
I7
~~__~
~~___
-
--
-
-~
~-~__
__
The
Colnhrook
Rnilwuy
Act,
1866.
Schedtxle hereto should
be
confirmed
:
And whereas the Objects
of
this Act cannot
be
attained without the Authority
of‘
Parliament
:
May it theref’ore please
Your
Majesty that it may be enacted
;
and be
it enacted
by
the Queen’s most Excellcnt Majesty, by and with the
Advice and Consent of the
LorJs
Spiritual and Temporal, and Com-
mons,
in
this present Parliament assembled, ant1
1)y
the ,4uthority
of
the same,
as
follows:
1.
This Act may be cited
for
all Purpose:,
as
“The
Cofnbrook
Railway Act,
1
S66.”
2.
“
The Companies Clauses Consolidation ilct,
1S4.5,”
“
The
1845,”
“
Thc
1860,”
“
The Railway Clauses
Consolidation Act,
1845,”
Parts
I.
aiid
111.
of
“
1863,”
(relating to
the
(.hstruction
of‘
a
Railway
:md
to coil-
tracting Agreements
>,
and
l’urt
I.
of‘
“
1863,”
ielating to the Cancellation arid Surrender
of
Shares, save
so
far
as
any
of
the Clauses and Provisions
of‘
those Acts respectively
are expressly varied,
or
excepted
by,
or are inconsistent with this Act,
are incorporated with this Act.
3.
In
this Act the several
Words
and Expressions to which
Meanings
are
assigned
by
the Acts
wholly
or
partially incorporated
herewith shall have the same respective Meanings, unless there be
something in the Subject
or
Context repugnant to such Construction
;
the Expression “the Company” shall mean the Company incorporated
by
this Act
;
:he
Expression
“
the Railmy
”
or
the
“
Undcrkaking
”
shall
mean the Railways
or
Undertaking
k1.y
this
Act authorized, or
any
Part
thereof; and the Expression
“
Superior Courts
”
or
“
Court
of
competent Jurisdictioii,” or any other like Expression in this Act
or any Act wholly
or
partially incorporated herewith, shall be read
and have effect
as
if the Debt
or
Demand with
respect
to which
the Expression
is
used were
a
coiiiiiion Simple Contract Debt, and
not a Debt
or
Demand created
by
Statute; the Expression
“
the
Great
Western
Railway
”
and the Expressiou
“
the
Gretrt
Western
Company
”
shall mean the
Great
Wfjstcm
Itailway or Railway Com-
pany, as the Case inay be
;
the Expreseion
“
the
Uxbridge
Railway”
shall mean the
Uxbridge
Branch
of’
the
Great
H’(:stern
Railway
;
and
the Expression
‘‘
the
South-western
Railway” and the Expression
“
the
South-western
Company
”
shall mean thr
Windsor
Branch
of
the
London
and
South-westertL
Railway or the
London
and
South-
wesfern
Railway Company, as the Case
may
be.
4.
Percy
Grove
ibotson
junior,
Ediuard
Vauasou,.
Hemi?agway,
CJmrles Edicard
BurIoir,
Mutthew
Hule,
Joltn
Frederick
Robinson,
and all other Permis and Corporations
who
hare already subscribed
or
shall hereafter 5ubscrit:e to the Gndertaliino and their Executors,
A4dministrators, Successors,
and
,4ssigns respectively, shall
Le
united
in
a
Company
for
the Purpose
of
making and maintaining the ILailways
a’.
bY
Cup.
cccxliii.
5307
~-
--
he
Colnhrooi
Rnilwap
Act,
1866.
by this Act authorized, anti f’or other the I’urpoces of this Act,
and f‘or those Purposes
~1i:ill
be incorporated by the Naiiie
of
‘:
the
Col?zDrook
Railway Company,” and by thtlt
,1;anie
shall
be
a
Body
Corporate, with perpetual Succession
antl
a Coiiimon Sed,
and
with
Power
to
purcliase, take, hold, antl dispose
of
Idatids
and other
Property for the Purposes of this Act.
5.
Suhject to the Provisions
of
thls Act and of the Acts and Parts
Power
to
of
Acts incorporated herewith, the Company may make and rnaintain
WdYo
:Lccord-
in the Lines antl according to the Levels shown on the deposited
ing
to
dekjo-
Plans and Sections the Itailways lierein-after described, with all proper
hit(’(‘
l’l:’nc
Stations, Approaches, Works, and Conveniences connected therewith,
and
may
enter upon, take, :Ind use such
of
the Lands delineated on
the said Plans and described in the deposited
Rooks
of
Reference
as
may be required
for
that Purpose. The Railways herein-before
referred to and authorized by this Act are,-
,4
Railway
(So.
l.),
2
Miles
4
Furlongs
44
Chains in Length,
commencing
in
the Parish
of
Hillingdon
in thc County
of
iMiddlesrx
by
a
Junction with the
Great
Westew
Railway, near
the
Wvst
Drayto?L
Station, and terminating at
Colnbrook
in the
Parish of
Stanwell
in the said County
of‘
Middlesex
in
a
Field
belonging to
ilfmy
Ruynm,
numbered
2
on the deposited Plans:
A Railway
(No.
a.),
2
Miles
6
Furlongs 44 Chains
in
Length,
commencing
by
a Jimction with Railway
No.
1.
at its Termina-
tion, and terminating by a Junction with the
Windsor
Branch
of
the
London
trnd South-wstern
Railway on
Staines
,Moor
:
A
Railway
(No.
3.),
4
Furlongs
72
Chains
in
Length, commencing
in the said Parish of
Hillingdon
by a Junction with the
[Jxbridge
Branch
of’
the
Grenf
Wesfem
Railway, and terminating in the
Parish
of
lver
in t,he Count)-
of
Buckingham
by
a
Junction with
the Railway firstly authorized in
a
Field belonging to
Christopher
Tower,
numbered 4c on the deposited Plans.
malie
Rid.
6.
The Capital of the Company shall be Sixty thousand Pounds,
Capit:iI.
7.
The Company shall not issue any Shares created under the
Sharesnotto
in Six thousand Shares of Ten Pounds each.
Authority of this Act, nor shall any Share vest in the Person accepting
~~~~~~~
the
same,
unless and until
a
Sum
not being less than One Fifth
of
the
pic1
Amount
of
such
Shwe
shall have been paid in respect thereof.
8.
(?ne Fifth
of
the Amount of
a
Share shall be the greatest
Calls.
Amount
of
a
Call, and Three Months at least shall be the Interval
between successive Calls, and Four Fifths of the Ariiount
of
U
Share
shall be the utmost aggregate Amount of the Calls made in any Year
upon any Share.
9.
The Company may from Time to Time borrow
on
Mortgage
Power
to
any Sum not exceeding in the whole Twenty thousand Pounds,
but
~~~~~~~
11c
Part thereof shall be borrowed until the whole Capital
of
Sixty
thousand
5308
Arrears may
be
enforced
by
Appoint-
ment
of'a
Receiver.
Monies
borrowed
on
Mortgngc>
to
have
Priority.
Application
of
Monies.
First
Ordinary
Meeting.
Number of
Directors.
Qualification
of
Directors,
Quorum.
-
-__
_____
~-
-_.
-
-
__
2-G
Col12
brook-
Rcrilway
Act,
1866.
thousand l'ounds
is
subscribed
for,
and
One
Half thereof is paid up,
and the Company have proved to the Jestice
who
is
to
certify under
the 40th Section of
''
The Companies Clauses Consolidation Act,
1845,''
before
he
so
certifies, that the whole of the Capital has been
issued and accepted, and that One Half thereof has been paid up, and
that not less than One Fifth Part of the Aiiiount
of
each separate
Share
hxs
been
paid
on
account thcreof before
or
at the Time
of
the
Issue
or
Acceptancc thereof', and that such Capital
iras
issued
0072d
fide
and
is
hcld by the Subscribers
or
their
Assigns,
and that
such
Suhscribery
or
their
,is\igns
are
lco.~lly
liable
t'or
thc
same
(of
which
?
Proof
having been given, the Certificate of such Justice that satis-
factory Proof
to
that Effect has been
given
to
him shall be sufficient
Evidence).
10.
The
Mortgagees
of
the Compnny Inay enforce Payment
of
Arrears
of
Principal and Interest
due
on their Mortgages by the
Appointment
of
a
Receiver, and in order
to
authorizc the Appoint-
ment
of
a
Receiver the Amount
o~ii~g to
the Mortgagees by whom
the Application for
a
Receiver shall
be made
shall
not be
less
than
Two
thousand Pounds in the whole.
11.
All Monies
to
be borrowed
on
Mortgage under this Act,
from
the Time when the said
Monies
shall
bc
xdvanccd and thc Interest for
the
Time
being
due
thereon, shall have Priority against the Company
and the Property from Time to
']Tiiiie
of'
the Company over all other
Claims
on
account
of
any Debts to be incurred or Engagenicnts
to
be
entered into by them
:
Provided that such Priority shall not
pre-
judice
or
affect any Claim, Right, or Remedy against the Company
or their Property in respect
of'
a::y Itcntcharge
to
be
granted
by
them
in pursuancc
of' the
Provisions
of'
the
"
Lands Clauses Consolidatioll
Act,
154.7,"
or
the
"
Lands Clauscs Consolidation Acts Arnendriient
Act,
1860,"
nor
shall anything
herein-beforore
contained prejudice or
affect thc Lien
of'
any
Vendor
for
the
unpaid Purchase Money
of
any
Land taken by the Company for the
Purposes
of
the Railu-ay.
--.p
--
12.
All Monies raised
under
this Act, whether by Shares
or
bor-
rowing,
shall
be
applied for the
Forposes
of
this Act
only.
within Six Months
after
the
pms"ing
of
this
:let.
13.
Thc
Erst
Ordinnry
JIcctitig
of'
tlie Company shall
be
held
114.
Thc
ATum'ner
of
Directors
shall
l~c
Six,
but it shall
be
lawful
for
the Company
from
?'he
to -I'inic
to reduce
tlic
Xuinb~r,
pro-
vidcd
that
the Xumber
be
not
less
~hau
Thrcc.
15.
The
Qualification ofa Director shall be the
Posscssion
in
his
on~i
Eight
of
not
less
thaii Twenty S1:ares.
16.
The Quorum
of
a
Meeting
of
Directors shall be
Three,
and if
the
Number
of
lhxtors hc rcduced
to
'Yiirce
the
Quorum
shall be
TWO,
17.
Cltudes
29”
&
30”
VICTORIlE,
Ccpcccxliii.
5309
-
~~
-~
__
~
--
The
Coin
brook
Railuay
Act,
1866.
Henzingzray,
Percy
Grove
Ibotson
junior,
Frederick
Robinson,
and
John
Scott
Sinitlr
shall be the First Directors of the Company,
and
shall
continue in Office until the First Ordinary Meeting held
after thc passing of this ,4ct
;
at
that Meeting the Shareholders
Elec*tioli
of
present
in
person or by proxy
may
cither continue in Office the
Directors.
Directors appointed by this Act, or any of them, or
may
elect
a
new
Bodv
of
Directors
to
supply the Place
of
those not continued in
O&e,
the Directors appointed
bj~
this Act
being,
if qiralified, eligible
for Re-election
;
and
at the Yirst Ordinary Meeting
to
be held in
ercry Year after the
First
Ordinary Meeting the Shareholders present
in person or by proxy shall (subject
to
the Pomer herein-before con-
tained for reducing the Number
of
Directors) elect Persons
to
supply
the Placcs
of
the llirectors then retiring from Ofice agreeably to thc
Provisions in
“
The
Coinpanics Clauses Consolidation Act,
1845,”
contained
;
and the several Persons elccted at
any
such Meeting,
being neither removed nor disqualificd nor having resigned, shall con-
tinue to be Directors until others are elected
in
their Stead, in manner
provided by the same Act,
__
~
~-
la.
Charles
Edward
Barlou-,
ilfattlt
e~
Hale,
Edmrd
Yamsour
First
Directors
18.
The Newspaper for Advertiseinelits
shall
be
any A’ewspaper
Ke~%~~ers
for
Ad-
vertisements.
published and circulating in thc County of
Middlesex.
19.
The Quantity
of
Land to be taken by the Conipany for t.he
Lands
for
extrn-
Purposes.
extraordinary Purposes mentioned
in
“
The Railways Clauses Con-
solidation Act,
184.5,”
shall not exceed
Two
Acres.
20.
The Powers
of the
Compa~j-
for
the compulsory Purchase
of
Powers
for
Lands for the Purposes of this Act. shall not be exercised after the
~u~~~~~~~J’
Expiration
of
Three
\’ears
froin the passing of this Act.
limited.
21.
The Railivays shall be conipletcd within Five Years
fioni
the
Period
for
passing of this Act, and
on
the Espiration
of
that Period the Powers
~~~~~~~~11
by this Act granted to the Company
for
executing the Railways,
or
otherwise in relation thereto, shall cease
to
bc exercised, except
as
to
so
much thereof
as
shall then
be
completed.
22.
It
shall
not
hc
lawful
for the Cornpauy
to
enter upon, take,
Sot
to
enter
on
Lands
of
use, or otherwise interfere with any
of
the
Lands
belonging
to
George
George
Stoize
Esquire, in the Parish
of
Stnnu~ell
and
in the County
o€
Middlesex,
stone,
sq.
:vitliout the previous Consent in Writing of
the
said
George
Stone
jVithout
Esquire,
or
other the Owner thereof for thc Time being.
Consent.
C0”lpany
Of
Great
Westeru
Rai
1
mc,y.
23.
The Coinpally shall not, without the Consent in Writing
of
not to
alter
thc
Great
Westem
Company under their Common ‘Seal, alter the
Line or Level of the
Great
H7estern
Railway.
24.
The ,4rches or Bridge undcr which the intended
Railway
Regulating
No.
:3.
shall
be
carried under the
Great
Westem
Railway shall be
Width
of
constructed by
and
at
the Expense of the Company,
and
shall be of
Bridge
Arches
or
[Local.]
5s
R
such
29”
&
30”
VICTORILE,
Cap.cccxliii.
~~
~
The
Colnbroolc &‘ailway
Act,
186ci.
such Dimensions
as
will
allow the
Great
Western
Cotnpanj
to
lay
down
and construct
a
Third Line of
ltails
on
the
Great
Wrstern
Railivay orer the s:d
L4rchrv:iy
or
Bridge
;
and should the
C;rpuf
Westrm
Railway
Conip:tny
find
it
neccssnr). at
an,y
‘l‘imc hereafter
to widen the
Gr(’(/t
Waster),
Railway,
or
to
lay
additiou:J Sidiligs
thereon orer or adjoining the said Arches or Bridge, thc Company
shall,
on
being required
so
to
do
by
the
G‘rrnt
Westerit
Company,
but
:it
the Expense
~>f’
tlie said
Great
Wo,s*ern
Company, widen the
said
Arches or Bridge
so
as
to admit of Your Lines of Rails being
laid over the sanie.
25.
The Company shall not, for the Purpose
of’
rnaking the in-
tc>ndcd
liailwaj.s,
acquire
any
Ownership of or
in
any Land
or
Pro-
_.
perty
of
the
Grerrt
Wesfern
Cornpany, but the Coriipany tnay acquire,
l)eIo~il1g
to
and
the
Great
W~ster72
Company shall grant,
an
Easement or Right
oi’
the
Great
using the
same
for the Purposes
of
the said intended Railwnys, a!id the
Ruil\c.:by,
Railway
No.
3.
and the Works connected thetewith, where the sanie
will cross the
Great
Western
Main Line, shall be carried uiider such
Not
to
Main Line
;
and the Company shall not enter upon
or
interfere with
011
LsntIs
of
such Railway, or any
of
the Lands or
Works
of
the
Grmt
Wksteru
hut
only
mi
Easement.
Great
Western
Railway
Company
till
Plans
approved.
TILL?
C‘om-
pmy
to
pay
to
(hat
wc-s
t
ern
Company,
or
execute any Works whatever ander
or
agecting the
same, until the Company shall have delivered to the
Great
Ir’i.stern
Company Plans, Drawings, and Specifications of such intended
Works
of
the Railway
No.
3.
by
this Act authorized, and those Plans,
Drawings,
and
Specifications sllall have been approved in Writing
by
the principal Engineer
for
the
Time being of the
Greut
Westerii
Company,
or
in the event of his not signifying his Approval thereof
within One Calendar Month atker thc Deliverp
of
the Plans, Drawings,
and Specifications, until the same shall have been approved by an
Engineer
to
be
appointed
by
the
Board
of
Trade; and all the
said
intended Works shall be executed
by
the Company at their sole
Expense in all Things according
to
such approved Plans, Drawings,
and Specifications, and to the reasonable Satisfaction of the principal
Engineer for the Time being
of
the
Great
Western
Cornpany.
26.
The Company shall bear and
on
Demand
pay
to the
Great
Western
Coiiipany the Expense
of
the Employment
b,
them during
the making
of‘
thc said Railway
KO.
3.
under and adjacent to the
(‘o1np:iny
Great
Western
Main Line
of’
a
sufficient Number
of
Inspectors,
ICsnenses
of
kvi:;tcllmen
Signalmen, or Watchmen to
he
appointed by them for watching their
(luring
Con-
Railway Works,
and
the Transit
of
Trains, with reference to and
strnction
of*
during the Execution
of
the intended Works, am1 for preventing, as
wo
rk
s.
far as may be, all Interference, Obsttuction, Ihger, and Accident
frorii any
of
the
Operations or from the Acts
or
Defaults
of
any Person
or
Persons in the Employ of the Company with reference thereto, or
otherwise.
Maintenance
of
Works
affecting
the
27.
The Conipany shall at their sole Expense at all
Times
main-
tain the Arches or Bridge and other Works by which Railway
KO.
3.
bY
29"
&
30"
VICTORIA$
Cup.
cccxiiii.
5311
Thc
Cohbrook
9e"ciilzom~
Act,
186G.
by this 14ct authorized shall tie carried under the
Great Western
Great
Main
Liiie
in
sul)stantial Repair
and
good Order
and
Condition, to
;:;;;;.''.
the rcnsonnble Satisfaction
in
all respects of
tlie
principal Engineer
for the Time being
of'
the
Gwrt Westem Company
j
and if' and
whenever the Conipaiij fail
so
to
do, the
Great Western
Company
inay
make
and
do,
in
and upon
as
well
the Land
of
the Company
as
their own Lands, all such
\\'arks
and
Things as the
Great Western
Conipany shall think requisite
in
that Behalf;
and
the Sum from
'rime to Time certified
hy
their Engineer to be the ilmount
of
the
Expenditure in that Behaif shall he repaid to them by the Company,
and
in
default of full Repavnietit the Amount dne rnay
be
recovered
with full Costs by t!ie
Great Western
Coinp:my from the Company
in
any Court
of
competent Jurisdiction.
28.
In
constructing the Railway
No.
3.
by
this
Act authorized
Kot
to
in-
the Coinp;iny shall not
in
any
way ohstruct or interfere with the
Tr:,ffic.
ol,
'l'rafic passing along the
Great
Wosterii
Main Line; and
if
by
c+I,eilt
reason
of
any Works or Proccedings
of
the Company there
shizll
be
~'~~~~~~l
Rai
1
way.
any Obstruction or Interference
with
the said Railway,
so
as to
impede
or
prevent the convenient
Passage
of
Engines and Carriages
along
the
same,
the Company shall pay to
tl:c
Great Western
Com-
pany the Sum
of
Twenty
Pouii(Is
per
Hour
~)y
way of ascertained
Damages
for
every Hour during which that Obstruction or Interference
shall continue.
teifcrc
with
29.
Notwithstanding anything in this Act contained, the Company
D:images
s!iail
froin Time to 'hie be responsible
for
and make good
to
the
by
Great
W~str~n
Compmy a11
Losses,
Costs, Damages, and Expenses
lvestern
which niay
be
occasioned to them or
to
any
of
their
\Vorks
or
Pro-
C:)~T~~Y
to
hc
wpaiirl
perty,
or
to
the
Traffic on
their Railway, or to any Company or
Persons
using
the
same,
or otherwise, during the Execution or Re-
newal or by reason of the Failure of any of the intended Works or
of'
aiiy
Part thereof of Railway
No.
3.,
or
of'
:my Act or Omission of
the Coinpany, or
of'
an37 Persons in their Employ, or of their
Con-
tractors, or otherwihe. and the Company shall eft'ectually jndemnifj-
and hold harmless the
Great Western
Companv from all Claims
and Deniands
upon
or
against them by reason of such Execution,
Renewal, or Failure, and of any such Act or Omission.
30.
The ilrches or Bridge,
and
the iiicidental Works co~iiiected
Bridge
to
1):
l'roperty
of
therewith, which carry Railway
No.
3.
under
the
Great Western
Main
tllc
Line shall from and after the Completiou thereof, and subject
and
FJTcstern
ever thereafter at their own Expense to uphold and maintam the satne
in
good
and sufficient ltcpair, and otherwise in respect thereof,
be
the
Property
of'
the
Great Western
Kailway Company, and be deeiiied
Part
of
the Structure
of'
the
Great Western
Railway, subject to the
Easement or Right of the Company using the same for the Purposes
of
the said intended Railways.
31.
The
without Prejudice to the
Duty
:md
Obligation of the L'ouipany for
Ruilwny
Company.
53
12
AS
to
,JTunc-
tions
\vitIt
the
Great
Lye.
t
ern
mid
the
Soutll-
westnx
Railways.
Cup.
cccxliii.
~
?%e
C'olnbrook
Railway
Act,
186G.
.
31.
The
,Junctions
vith
the
G:wt
Western
blain
lT,inc,
and
the
Ua.br
idge
13
1.m
cii
,
SI:
(1
w
i
t
11
t
11
e
So
u
t/i
-zc*cstc172
11
;til
waiy
re
spec
t
i
vel y
shall be
made
at such Points,
;uid
in
such Manim-, and with such
connecti~ig
Lines
of
fipproach respectivcly
:is
llnve been or shall be
approved by
the
Ihgineci*s
for thc Time being
of'
the
Oi*mt
IVestt~rn,
nnd
SozCtli-/costcwL
Companies respectively
;
and
the several Provisions
in
the
"
ltailwsys Clauses Act,
1563,"
as
to Jcnctions, shall extend
and apply
as
well to those connecting Lines
as
to the
said
Junctions
with the
Gnxt
Western
Main Line and the
LCrBridge
Branch and the
South-western
Railways
respectively
;
and save only
so
far
as
inay
be
necessary for the Purpose
of
forming those Junctions respectively, and
the connectiiig Lines
of
Approach thereto respectivelg, the Company
or any Person in the Execution
of
this Act shall not,
ssve
as
herein-
before provided with reference
to
the Execution of the Railway and
Works
of
Railway
No.
3.
by this Act authorized, in any Nanncr, either
temporarily or permanently, enter upon, take, or
use
any
of
the
Lands or Property of the GT-ent
Westem
Company and the
Xr,u/h-
western
Companies respectively, except with their Consent in Writing.
~
-.
___
__
-
~~
-
._
Accomno-
32.
The Company shall construct the Railways and Works hereby
dationWorl's
authorized
upon
and near the Lands
of
CIwistopher
Thonzas
To~or
on
the
Land
OP
Cllristo-
Esquire, subject to the Provisions herein-after specified
;
that
is
to
say
,
pher
Thomas
Tower,
Esq.
1.
The Railwaj-, wliere it passes through the Lands
of
Cl~ristopA(~r
TJ?oiiius
Torrer
Esquire, shall be constructed with proper and
suficicnt Sidc Drains, on each Sidc
of
the Railway,
of
a
Depth
not
exceediiig that of'the River
Che,
and with sufficient
and
effective Outlets
at
the Southern Ends thereof, and with
all
proper lateral Drainage
:
2.
At the Points where the Railway
No.
1.
will cross the River
Colne
and
also
Bi
or the County Ditch, the Span
of
the
Arches or Viaducts shall be equal
at
the least to that of the
existing Arches
of'
the
Gwuct
Westei.ir
Railway over the same
River
and
Ditch respectively, and shall be coustructed with
flat
Girder Bridges,
so
as
to give the greatest practicable
Headway, and Openings at least
12
Feet
wide,
with flat
Girder Bridges, shall he left on each Side, and proper
\Yap
through such Openings shall be constructed
and
gravelled
:
Provided that nothing herein contained shall prevent the
Com-
pany, if thej. think fit, fi-om dlvertiiig the said County Ditch
into the liiver
Colne
at
any l'oiiit below the Weir,
so
as to
render the Bridge across the
sanie
unnecessary
:
3.
The present
Fooiway
from the
West
Drayto12
Station
of
the
Great
fi2stem
Railwa?
to
Thoyney
.b'iS/i~~~
shall
be
provided
for, such Footway
to
be made by the Side
of
thc Embankment
of the Railway
No.
1.
and
to
be carried under such
Itailway
through One
of
the Twelve-feet Openings, herein- before
mentioned
:
4.
A
private
29'
&
30'
V%Crl'OK12E,
Cup.
cccxliii.
The
Col~2lbrook
12niZway
Act,
1866.
~______
-
-
-
-
-
__~-
--
-
-
_____
--
-
-~
_.
~___
-
4.
A
private Footway
t'or
the said
C.
T.
Tozver
shall
be
con-
structed
by
the Coinpany
from
thc
TJ~ornty
Road,
on One
Side
of
the said
lbilway,
Northward to the nearest convenient
Point on thc Lands
of
the said
C.
T.
Tower
.-
5.
Three flat Girder Bridges across the
Col.12-q
on the said
C.
T.
Tozcer':;
Property, shall Ec effectively constructed by the Com-
pany, and
at
Three Points
to
be selected
by
the said
C.
T.
Tou~er, out of the Four Points marked A.,
B.,
C., and
D.
on the
1'1an
signed
by
John
W.
Grover and
E.
3'.
Murray
respectively,
such Bridges to be Twelve Feet in Width, and with sufficient
Headway, Waterway, and proper Approaches
:
6.
The Company shall construct
as
Part
of
the Works
to
be
made
by them under
the
''
Itailways Clauses Consolidation Act,
1845,"
for
the Accommodation of the said
C.
T!
Tower,
at
least One Bridge over the Railway, Twelve Feet in Width,
with proper Approaches
:
7.
The Road numbercd
13
in the Parish
of
Iver
shall not be made
of
a
stceper Ascent than One in Thirty.
5313
33.
Whereas, pursuant to the Standing Orders of both Houses
of
Deposit
Parliament, and to an Act of the Ninth l'ear of Hcr present Majesty,
Fl::4i!d
Chaptcr
20,
a
Sum
of
Four thousand eight hundred Pounds, being
untilLine
Eight
per
Centurn
on
Sixty thousand Pounds, the Amount
of
the
~enedor
Estimate of the Expense
of
the Railways
by
this
Act authorized,
Capital paid
has
been deposited
in
thc Satnes
of'
CAu~lcs
Edwnrd
Barlow
and
up
and
ex-
Pe~qy
Grove
Ibotsor~
junior (being Subscribers to thc Undertaking)
except
on
with the Court
of
Chancery in
Englaizd
in rcspcct of the Application
Execution
to
Parliament for this Act
:
Therefore, notwithstanding anything con-
of'
Bond,
tained
in
thc said recited Act, the said
Sum
SO
deposited
as
afore-
said, or the Interest or Dividends thereof, shall not, except upon the
Execution and Deposit
of
such Bond
as
herein-after mentioned, be
paid or transferred
to
or on the Application
of
the Person or Persons
or
the Mqjority
of
thc Pcrsons named
ii1
thc Warrant
or
Order
issued in pursuance
of
the said Act, or thc Survivors or Survivor
of
them, unless the Company
shall,
previously to the Expiration of the
Period limited
by
this Act for thc Completion
of
the Railways, either
open the Railways
for
the public Conveyance of Passengers, or prove
to
the Satisfaction
of
the Lords
of
the Committee of
Her
Majesty's
I'rivv Council for Tradc and Foreign Plantations that the Company
have"
paid up One
Half
of the Amount
of
the Capital by this Act
authorized to be raiscd by means of Shares, and have expended for
the Purposes of'this -2ct
a
Sum equal in Amount to such One Half
of the
saki
Capital; and
if
the
said
Period shall expire before the
Company shall cither haw opened the Railways for the public Con-
veyance of Passengers, or have given such Proof
as
aforesaid to the
Satisfaction of the Lords of the said Committee, the
Sum
so
depo-
sited
as
aforesaid, and the Interest and Dividends thereof, shall
[Local.]
58
immediately
Half
the
pended,
.
5314
__
__
~
__~_-_-~~__-___
_____
~
The
Coknbrook
Railway
Act,
1866.
immediately from
and
after the Expiration of the
said
Period be
forfeited
to
Her Majesty, and be paid and transferred by the Officer
or Person in whose Name they shall then be deposited or invested to
t,he Account
of
Her Majesty's Exchequer, and when
so
paid and
transferred shall be carried
to
and
form Part
of
the Consolidated
Fund
of
the United Kingdom of
Great Britain
and
Irelrrnd:
Pro-
vided that at any Time after the passing
of'
this Act if
a
Bond in
twice the Amount
of
the Sum
so
deposited shall have been executed
by
the Company, with One
or
more Surety or Sureties, (such Bond
to
be prepared
to
the Satisfaction
of,
and such Surety or Sureties to
be approved by, the Solicitor
to
the Lords Commissioners
of
Her
Majesty's Treasury,) conditioned for the Payment to Her Majesty,
Her Heirs or Successors, of
the
Sum
so
deposited if the Company
shall not, within the Time limited for the Completion
of
the Railways,
either open the Railways for the public Conveyance
of
Passengers, or
prove to the Satisfaction of the Lords of the said Committee that the
Company have paid
up
One Half
of
the Amount
of
the Capital
by
this Act authorized
to
be raised
by
means
of
Shares, and have ex-
pended for the Purposes of this Act
a
Sum equal in Amount to such
One Half
of
the said Capital, and if such Bond shall have been
deposited with the Solicitor
to
the said Lords Commissioners, then
such Sum
of
Money, and the Interest
or
Dividends thereof, shall be
paid to
or
on the Application of the Person or Persons
or
the Majority
of
the Persons named in such Warrant or Order
as
aforesaid or the
Survivors or Survivor of them, and it shall not lie necessary to produce
any Certificate
of
this Act having passed, anything in the
said
recited
-4ct to the contrary notwithstanding
;
and the Monies
to
be recovered
upon
such
Bond
shall be dealt with in like Manner
as
the said
Sum
of
Money,
and the Interest or Dividends thereof, would have been
dealt with under this Act
if
such Bond had not been executed and
deposited
as
aforesaid
;
and the Certificate
of
the said Solicitor to the
said Lords Comrnissioners that such Bond has been executed and
deposited
as
aforesaid, and the Certificate of the Lords of the
said
Committee that such Proof has been given
to
their Satisfaction
as
aforesaid, shall respectively be sufficient Evidence
of
the Facts
so
certified.
~
._
_-
~
~-
___-
-
Tolls.
For
Passen-
gem
and
Animals.
34.
The Company may demand and take in respect of the Use of
the Railways any Tolls not exceeding
tlie
following
;
(that is to say,)
In respect
of
Passengers and Animals conveyed
on
the Railways
:
For every Person conveyed in
or
upon any Carriage the Sum of
Twopence
per
Mile, and if conveyed in or upon any Carriage
belonging
to
the Company, an additional Sum of One Penny
per
Mile:
For every Horse, Mule, or other Beast
of
Draught or Burden,
Threepence
per
Mile
;
and if conveyed in or upon any Carriage
belonging to the Company,
an
additional Sum
of
One Penny
per
Mile:
For
29"
&
30"
VICTORIB3,
Cquxcxliii.
The
C'oInbyook
Railwa!j
Act,
1866.
__
-
-
For every Ox, Cow,
Bull,
or Head of Neat Cattle, the Sun]
of
Twopence
per
Head
per
Mile;
and
if conveyed in Carriages
belonging
to
the Company, an additionul Sutn
of
One Penny
per
Mile
:
For every Calf, Pig, Sheep, Lanib, and other mall Animal,
On=
Penny each
per
Mile
;
and if conveyed
in
Carriages belonging
to
the Company, an additional
Sum
of One Halfpenny
per
Mile.
In respect
of
Goods conveyed on the liailways
:
For all Coals, Coke, Culm, Charcoal, Cannel, Limestone, Chalk,
Lime, Salt, Sand, Fireclay, Cinders, Dung, Compost, and
all
Sorts of Manure, and
all
undressed Materials for the Rcpair
of
public Roads or Highways,
per
Ton
per
Mile not exceeding
One Penny
;
and if coiiveyed in Carriages belonging
to
the
Company, an additional Sum
per
Ton
per
Mile not exceeding
One Halfpenny
:
For all Ironstone, Iron Ore,
Pig
Iron, Bar Iron, Rod Iron,
Sheet Iron,
Hoop
Iron,
Plates
of Iron, Slabs, Billets, acd
Rolled Iron, Bricks, Slag, and Stone, Stones for building,
pitching, and paving,
Tiles,
Slates, and Clay (except Fire-
clay), and for Wrought Iron, not, otherwise specifically classed
herein, and for heavy Iron Castings, including Railway Chairs,
per
Ton
per
Mile not exceeding One Penny Halfpenny
;
and
if conveyed in Carriages belonging
to
the Company, an addi-
tional
Sum
per
Ton
per
Mile not exceeding One Halfpenny
:
For all Sugar, Grain, Corn, Flour, Hides, Dyewoods, Earthen-
ware, Timber, Staves, Deals, and Metals (except Iron), Nails,
Anvils, Vices, and Chains, and for light Iron Castings,
per
Ton
per
Mile not exceeding Twopence; and if conveyed in Car-
riages belonging to the Company, an additional Sum
per
Ton
per
Mile not exceeding One Penny
:
For
Cotton and other
Wools,
Drugs, and manufactured Goods,
and
all
other Wares, Merchandise,
Fish,
Articles, Matters, or
5315
For
Goods.
Things,
per
Ton
per
Mile not exceeding Threepence
;
and if
conveyed in Carriages belonging to the Company, an additional
Sum
per
Ton
per
Mile not exceeding One Penny
:
lor every Carriage,
of
whatever Description, not being
a
Carriage
adapted and used for travelling on
a
Railway, and not
weighing
inore than One Ton, carried or conveyed on
a
Truck or Plat-
form belonging
to
the Company, not exceeding Sixpence
per
Mile
;
and One Penny Halfpenny
per
Mile for every additional
Quarter
of
a
Ton
which any such Carriage may weigh.
35.
The Toll which the Company may demand for the Use
of
Tolls
for
Engines for propelling Carrriages on the Railways shall not exceed
pP:E:!ng
One Penny
per
Mile for each Passenger or Animal, or for each Ton
of
Goods, in addition to the several other Tolls
or
Surns
by
this Act
authorized to
be
taken.
36.
The
5S16
-
-
-~
___
--
-
-
__
_______
-.__
The
Colnbrook
Raihcry
Act,
1S66.
__
__
__
-
.
-
-
-
-
-
__
-
_-_
.
Regulations
a*
to
Toll#.
36.
The following Provisioiis and Kegulations shall apply
to
the
For
all
Passengers, Animals, or
Goods
conveyed on the Railways for
a
less
Distance than Four Miles, the Company niay deniand Tolls
and Charges
as
for Four Miles
:
For
a
Fraction
of
a
Mile beyond Your PuIiles, or beyond any greater
Number
of
Miles, the Company may deniand Tolls and Charges
on
Anirnals and Goods for
such
Fractions in proportion
to
the
Numbers of Quarters of
a
Mile contained therein, and if there
he
a
Fraction of
a
Quarter of
a
Mile such Fraction shall be deemed
a
Quarter
of'
a
Mile
;
and in respect
of
Passengers, every Fraction
of
a
hirile beyond an integral Number
of
Miles shall be deemed
a
Mile
:
For
a
Fraction of a
Ton
the Company may demand Tolls accordina
P.
to t,he Numbers
of
the Quarters of
a
Ton in such Fraction, and
if
there
be
a
Fraction of
a
Quarter of
a
Toil such Fraction shall be
deemed
a
Quarter
of
rz
Ton
:
With respect to all Articles, except Stone and Timber, the Weight
shall be deterrnincd according
to
the
usual
Avoirdupoise Weight
:
With respect to Stone
and
Timber, Fourteen Cubic Feet
of
Stone,
Forty Cubic Feet
of
Oak,
Mahogany, Teak, Beech, or Ash, and
Fifty Cubic Feet
of
any other Timber, shall be deemed One Ton
IVeight,
and
so
in proportion for any snialier Quantity.
fixing
of
all
Tolls and Charges under this Act; (that is to say,)
Tolls
for
small
Parcels
and
single
Articles of
great
Weight.
39.
With respect to
siii:dl
Parcels
not
exceeding Five hundred
Pounds
in
Wcight, and
single
Articles
of
great Weight, notwithstand-
ing the Weights prescribed by this Act, the Conipany
may
demand
and take any Tolls not esceeding the following
;
(that is
to
say,)
For the Carriage of small Parcels on the Railways,
as
follows
:
For any Parcel not exceeding Seven Pounds
in
Weight, Three-
pence
:
For any Parcel exceeding Seven Pounds and not exceeding
Fourteen Pounds
in
Weight, Fivepence
:
For any Parcel exceeding Fourteen Pounds but not exceeding
Twenty-eight Pounds
in
Weight, Sevenpence
:
For any Parcel exceeding Twenty-eiuht Pounds but not esceed-
ing Fifty-six Pounds in Weight, Ninepence
:
For any Parcel exceeding Fifty-six Pounds but not exceeding
Five hundred Pounds in Weight the Company may demand
any Suin which they think fit
:
Provided always, that Articles sent in large aggregate Quantities,
although made up in separate Parcels, such
as
Bags of Sugar, Coffec,
Meal, and the like, shall not bc deemed small Parcels, but that Term
shall apply only to single Parcels in separate Packages.
For
the Carriage
of
singlc Articles of great Weight
:
?
For the Carriage
of'
any Iron Boiler, Cylinder, or single Piece
of
Machinery, or single Piece
of
Timber
or Stone, or other single
14
r ti cle
5317
F7
29('
&
30"
v:crroRB,'Pl,
Cf~~~.C.UCZ~iii.
-
~__
._
___-
-
The
Colfibroot
Xnilrony
Act,
]I
866.
______~~
-
--
~ ~ ~~
-
~~
_____
Article the Weight
of
wlikh.
including thc
Cnrriagc,
shall
exceed
Four Tons
but,
:,hall
not cxceed
Light
l'ons,
the
Conipany
may
demand
n:iy
such
Sum
as
they think
fit,
not
escceding Sixpence
per
Ton
per
Mile
:
For the Carringc of any single Piece
of
I'imber,
Stone,
Machinery,
or
other single Article the Weight of
which,
with the Carriage,
shall esceed Eight Tons, the Company Inay demand
SGC~
Sum
as
they think
fit.
38.
The
maximum
Kate
of'
Charge
to
be
made
by
the Company
Maximum
for the Conveyance
of
Passengers
upon the Railway,
inciuding
the
l,;,ssengers,
Rates
for
Tolls for the
Use
of'
the Railways
aid
for
Ctlrriages
and
locomotive
Power,
and
every other Expense incidental
to
such
Convej-ance,
dial1
not exceed the following
;
(that
is
to
say,)
For
every Passenger conveyed
ill
a
First-class Carriage
the
Suiii
of'
For
every Passenger conveyed in
a
Second-class Carriage the
Suin
For every Passenger conveyed in
a
Third-class
Carriage the Sun1
39.
The maxinium Itate of Charge
to
be
made
by
the Conipany
>inximum
for
the
Conveyance
of
Aniiiials
and
Goods
03
the
Railways, including
E:z2rand
the
Tolls
for the Use of the
Railways
and
for
'Waggons
or
Trucl
~;occls.
or
locomotive
Poncr,
:m(l
every
other
Expense
incitielital
to
the
Conveyance (except
a
re:isonablc
C;iiarge
fbr
l~din:;
atld
~~1i1~:;(~i1~g
Goods
at
any
'~ernainal
Station
in
rspcct
of
scch
G~ot?;,
a1;!1
for
I>e]ivcrj-
and
Collection,
and
ailj-
other
Scrvic?
j:i:iJL:it:i1
to
tllc
Busiiiess or Duty
of
a
carrier,
~v~J-.R
any;
such
%rrice
is
perfbrl11cd
by
the Coiiipany), shall not exceed
the
r"ol1owing
Su:rs
;
(that
is
to
FC?).,;
For
every Horse, Mule,
or
other Beast of Draught
or
Burden,
For Cattle, Threepence
per
Head
per
Mile
:
For Calves,
Pigs,
Sheep, and small Animals,
One
Penny
Halfpelilly
per
Mile:
For
all
Coal,
Coke,
and other Articles herein-after classed t!;eremith,
One
Penny Halfpenny
per
Ton
per
Mile
:
For
all
Iron and other Articles herein-before claslsed therenith,
Tiyo-
pence
per
Ton
per
Mile
:
For
all
Sugar,
Grain, and other Articles herein-beforc classed there-
with, Threcpence
per
Ton
per
Mile
:
For
all
Cotton and other Articles herein-before classed theremith,
Fourpence
per
Ton
per
Milc
:
And
for
every Carriage,
of
whatever Dcscription, not being
9
Cayriage
adapted and
used
for travelling
on
a
Railway, and
not,
\vciglling
morc than One
Ton,
carried
or
conveyed
ON
a
Truck
01'
P]atforul,
per
Alile Sixpence,
and
Onc Penuy Nalfpenny for every additionsl
Quartcr of a
Tori
Weight which
such
Carriage
illay
n.eig*h.
[Local.]
5g
7'
40.
Every
Threepence
per
Mile
:
of
Twopence
per
Mile
:
of
One Penny Farthing
per
Nile.
Fourpence
per.
Mile
:
5318
29"
h
30"
VICTORIE,
Cap.cccxliii.
___--
-
._
~~
~
__
The
Cobzbroolc
Rniluiq
Act,
1866.
40.
Every Passenger travelling upon the Railways may take
11
ith
him his ordinary Luggage, not exceeding One hundred and twenty
Pounds in Weight for First-class Passengers, One hundred Pounds in
\Veight for Second-class Passenger>, and Sixty Pounds in Weight for
Third-class Passengers, without any Charge being made for the
Carriage thereof.
41.
No
Station shall be considered a Terminal Station in regard
to any Goods conveyed on the Railway except such Goods have been
received thereat direct from
the
Consignor, or are directed to be
delivered thereat to the Consignee.
__
__
-
_-
.
-
__
Passengers
*
Terminal
Station.
Restriction
42.
The Restrictions
as
to the Charges to be made for Passengers
a5toC11ar@s
shall not extend to any Special Train run upon the Railways, in
not to apply
to
Special
Trains.
Company
may take
increased
Charges by
Agreement.
Agreement
in
Schediile
confirmed.
Power
to
enter into
Traffic
Ar-
ran yements
with
Great
Western and
western
Companies.
South-
Tolls on
Traffic
con-
veyed partly
on the
Railways
and
partly
respect
of
which
the Coliipany
may
make such Charges
as
they think
fit, but shall
apply
only
to
the Ordinary and Express Trains appointed
from Time to Time by the Company for the Conveyance
of
Passengers
and
Goods
upon the Railways.
4:.
Nothing in this Act
shall
prevent the Company from taking
any increased Charges over and above the Charges
by
this Act limited
for the Conveyance of Animals
or
Goods of any Description by
Agreement with the Owners or Persons in charge thereof, either by
reason of any special Service performed by the Company in relation
thereto, or in respect to the Conveyance
of
Animals or Goods (other
than Parcels)
by
Passenger Train.
44.
The Articles
of
Agrcenient which
are
set forth
in
the Schedule
to this Act annexed 3re
by
this Act confirmed and made binding
on
the Company and the
Great
Wisteria
and
South-western
Companies,
and every
of
them, and fiill Effect may and shall be given thereto.
45.
The Company on the one hand, and the
Greai
Western
and
South-zcirstern
Companies respectively on the other hand,
m:iy
from
Time to Time enter into Contracts or Arrangements with respect to
the following Purposes or any
of
them
;
(that
is
to say,)
The Management, Use, Working, and Maintenance
of
the Railways
or any Part or Parts thereof:
The
Supply
of any Rolling Stock or Machinery, and
of'
Officers
and Servants,
for
the Conduct
of
the Traffic on the Railways:
The Payments to
be
made and the Conditions to be performed
with respect to the Matters aforesaid
:
The Interchange, Accommodation, Conveyance, and Delivery
of
Traffic coming from or destined for the Undertakings
of
thc
contracting Companies, and the fixing and Division between
the said Companies of the Receipts arising from such Traffic.
46.
During the Continuance of any Agreement to be entered
into under the Provisions
of'
this Act for the
Use
of
the ltailways by
the
Great Western
and
South-western
Companies respectively,
or
tither
of
them, the Railways
of
the Company and
of'
the
Greut
I
Vestern
Cap.
cccxziii.
531
9
Western
and
South-western
Companies,
Parties
to such Agreement, shall
on
the
for the Purpose
of
Tolls and Cliarges bc considered as
One
ltai!n-ay
;
F:iFgeat
and in estimating the 'Qmount
of
'rolls and Charges
in
respect
of
Traffic
Western
conveyed partly on the Railways and partly on the Railway
of
the
and
western South-
Great Western
and
South-western
Company,
as
the Case
may
be, for
a
Companies.
less Distance than Four Miles
Tolls
and
Charges may only
bc
charged
for
Four
Miles
;
and in respect
of
Passengers, for every Mile or Fraction
of
a
Mile beyond Four Miles Tolls and Charges for One Mile only
;
and in respect
of
Animals and Goods, for every Quarter of
a
Mile
or Fraction
of
a
Quarter
of
a Mile beyond E'our Miles
Tolls
and
Charges
as
for
a
Quarter
of
a
Mile
only
;
and no other Short-distance
Charge shall be made for the Conveyance of Passengers, Animals,
or
Goods
partly on the Railways and partly on
the
Railways of the
Great
Western
and
South-western
Companies respectively.
47.
Nothing in this Act contained shall extend to prejudice,
Saving
diminish, alter, or take
away
any
of
thc
Rights, Privileges, or Powers
Rights
Of
of
the
.;*
reat Western
Company
and
the
South-zcesteria
Company, or
~~,~~~~i~~.
either of them, otherwise than
is
by
this
Act expressly provided.
48.
The Company shall not, out
of
any
Mopey by this Act autho-
Interest not
rized
to
be raised by Calls or
by
borrowing, pay Interest or Dividend
2EaEid
to
any Shareholder on the Amount
of
the
Calls made in respect
of
paidup.
the Shares held
by
hili1
:
Provided
always,
that this Act shall not pre-
vent the Company
froni
paying
to
any Shareholder such Interest on
Money advanced by
him
beyond the Amount
of
the Calls actually
made as
is
in conformity with
"
The Companies Clauses Consolidation
Act,
1845."
49.
The Company shall not, out of any Money bg this Act autho-
Deposits
for
future
Bills
riRd to be raised, pay or deposit any Sum which, by any Standing
not
to
be
Order
of
either House
of
Parhmcnt
IIOW
or hereafter in force, may
paid
out
of
be
required
to
be deposited in respect
of
any Application to Parlia-
Capital.
merit
for the Purpose
of
obtaining an Act authorizing the Company
to construct any other Railway, or
to
execute any other Work or
Undertaking.
50.
Nothing herein contained shall be deemed or construed to
Railway
not
exempt the Railway
by
this Act authorized
to
be made from the
e;Xro::to';m
Provisions
of'
any General Act and relating to Railways, or the
ofpresent
better and more inipartial Audit of the Accounts of Railway Corn-
and
future
pnies,
IIOW
in force or which may hereafter pass during this or any
futL1re Session
of
Parliament, or from any future Revision or Altera-
tion, under the Authority
of
Parliament,
of
the maximum Rates
of
Fares and Charges,
or
of
the
Rates
for small Parcels, authorized by
this Act.
paring for, obtaining, and passing
of
this Act,
or
otherwise in relation
Act-
thereto,
shall
be
paid
by
the Company.
Railway
General
51.
All
Costs, Charges, and Expenses
of
and incident to the pre-
Expenses
of
The
Cap.
cccdiii.
ARTICLES
OF
AGR
EXT
made t,he Thirteenth Day
of
July, in the
Year
of
Our
Lord Onc thousand eight hundred and sixty-six,
between Charles Edward Barlow,
of
Streatham in the County
of
Surrey, Gentleman, and
5011x1
Frederick Robinson,
of
Hadleigh
Hall, Hadleigh in the County
of
Suffolk, Esquire (herein-after
called the Promoters),
of
the first Part
;
the Colnbrook Railway
Company (herein-after called the Colnbrook Company)
of
the
Second Part
;
thc
Great
Western Railway Company
(
herein-after
called the Great Western CompaiJy
j,
of the Third Part
;
the
Lon-
don and South-western
Eailmny
Coriipany (herein-after called the
South-western Company)
of
the
Fourth
Part;
and the Great
Western Company and the South-western Company (herein-after
in
some
Places called the Working Companies),
of
the Fifth Part.
WHEREAS
a
Bill for
the
Colnbrook Railr1-2;7 Act,
186G,
which
is
promoted
by
the Prornoters
and
others,
is
non
peniliiiy
in Parliament, and
it
is thereby
pro-
posed
that
the Colnhrook
Conil)aiiy
shall
be incorporated, with
a
Capital
of
Sixty
thousand
Potind~
in
Six
thoust?nd
Slinrca
of
Ten Pounds each, and with
Autho-
rity
to
borrow
on
Mortgngc
not
exczciling TKcnty thousand Pounds, and
shall
be authorized to
nialic
~nd
niair:t:iin the Co1nl)rooli X:iilway, consibting
of
Three
Lines
of
Zt:iil~ray,
Oilc
of
tliein to
have
a
Junction nith the Great Western
Iijdway,
another
of
thein
to
!i:ivc
a
Junction
with
the Windsor Branch of the
London
and
South-wczterii
lhi!~:,a~-y
and
the other of them to have
a
Junction
with tile
Uxbritl~c
lSranc!i
of'
tlie Great TVestcrii Iiailwny
:
And whereas, if
the
Colnbrool;
Railway
were
made,
it
n.ould
be
more
advantageous, not only to
the
Three
Coinpinieq:,
])ut
nlao
to
the Public, that
it
should
be nianaged'and
worked
by
the
Great
JjTe>tern
and
South-western Compnies than by the
Coln-
brook
Compiiy
:
Ancl whereas
it
hns
been
clctcrminecl
I)y
the Promoters and
the
Great
We-tern
and
South-western
Con?p:inics
that
tl:cae
Prejents shall be
rnncle
and
execriteti
by
the
Promoters
and
the
Three
Companies by may
of
Nanazing
niid
Working
Agrcemcnt,
as
herein-after
appe:iring,
tlie Execution
thereof
by
tht: Co~iibrool; Conipany to
take
placc
\i
ithin
One
Calendar Month
next after the
pnsaing
of
the
pending
Uill into
a
Law
:
And whereas
it
has
also
bce:n tictertiiined
tlint
if
Paihmcrnt
wiil
pernnit these Presents
shall
be set
forth in
a
Sclredule
to
arid
shall
be conhniecl by the intended
Act:
Now
there-
fore these Pitsents witness,
that
for
the Considerations herein appearing
it
id
hereby
niiitunl1~-
ngreetl
by
and
between the Promoters
for
themeelves
and
the
other
I'roinotcrs
of
the pencling
Bill,
nnd
also
on bchalf
of
the Colnbrook
Coin-
pany
on
the
one
:inncl,
an(1
the
Great
JYe,tcrn Company and tha South-western
Company, for
thenidres,
joiiitly and severally and for their respective Asaigii9,
on the other hand,
and
also
by
WQ~
of'
qxmte
ancl
distinct Agreement by and
between the
Cohbi
oolc
Conipm>-, for
them~clvcs
and their Asaigns on the one
hand,
and
the
Great \WeEtern Co1jipnny and tlic South-western Company for
tlmiselw, jointly
ancl
scver;illy,
and
for their respective Assigns, on the other
linntl,
and
also
by
way
of'
separate
and
&tinct Agreement by
and
between
the Great Western Company, for
thenisel\
es and
their
Assigns,
on
the one
-hand, and the South-western Conipany, for tlieinselves and their
Assigns,
on
the
other
Iiand,
as
follow^
:
Artic!c
1.
This Agreement shall be subject to the Sanction
of
Parliament.
Article
29'
&
30"
'VICTORIE,
Cqcccxliii.
The
Coldkook
Railway
Act,
1866.
-
-
-
~
___
__
~~
~ ~ ~
~~~_____~
~~-
__
-
__
~-
.
_-
Article
2.
If
tlis Agreement
be
eonfirmed
by tlic Colnbrook Xailway Act,
1866,
01-
not being
so
confirmed therc be granted by that Act
Posvers
autho-
rizing an Agreement between thc
Three
Conipanies to tlic Effect
of'
this Agree-
ment, then Articles
4
to
53,
Loth
inclusive, ~llall have Efrect.
Srticlc
3.
If this Agreement
be
not confirmed
by
tlic Colnhrook Railway
Act,
1866,
or
be thereby confirmed
in
wliolc
or
in part with any Modifications
thereof,
or
subject to
any
Terms
niltl
Conditions respectively repugnant
to
or
inconsistent with the Articlcs following,
or
any
of them,
or
not being
50
con-
firincrl
thcrc be granted by that Act
Powers
:xui!iorizing
an
Agrcemcnt between
tlic Three Conqxinies,
but
not :iuthoriLing
nu
Agrcenient
to
tlic
Effect
OF
this
Agreement,
then Rrticlc
54
sliall ii:ivc Lffcct
;
biit
unless
tlie
Three
C:)inlianics
bo
tiiinli fit
and
mutually
dct
criiiinc, none
of'
the otlier Articles !olloYying sh~ll
11nvc xffect.
Article
4.
Within
One
C~tlcndar Month after tlic paxiiig
of
tlic Colnbrooli
Xailway
ihct,
1866,
thc
Co!nl)roo!i
Coiiipan:y shall executc thea 1'res:wta undcr
their Common
Seal,
as
the
Party
thercto
of
the
First
Pnrt,
and
therct1l)on all
Liability under thesc Presents
of
the Promoters ancl every of them bhall abso-
lutely cease.
Article
5.
The Colnbrooli Company will in due Tiiiie mn!ie
and
complete
the
Colnbruok Railway
as
in all respccts
a
single
Line of Railway,
oii
tlic
Narrow
Gauge
exclusively, including
yroper
and
bafkicnt Sidiny, and Turn-out and
l'assing Places, with Land
nnd
Under
Ihidge:,
and
Over Eridges sufficient
for
a
double Line
of
Railway
on
the Narrow Gauge, and with all
requisite
Stations,
Station Houses, Gate
Houses,
Waiting Sheds, Stations,
Yards,
Roacls,
Goildings,
and Station Acconimodation,
Goods
SIicds, Engine
Sheds,
Carriage Sheds, Turn-
tables, Water Cranes,
T:inl;*,
and Yk'atcr Supply, Loading
llanks,
Cranes,
Weighing Machines,
Signals,
Tclcgrapbic Communication, and other Works and
Conveniences, including everything (except Repairing
Shops
and
Rolling Stocli)
usually provided out
of
Capital by E:iilw:iy Companies intending to
work
their
own Lines,
and
which
arc
herein-after referred to
as
thc 12ailwny, and
so
as
to
bc in every respect
fit
aiid
safe
for
Tr
of
all Dcwriptions, and to the Satisfac-
tion
of
the Board
of
Trade Inspxtor, and
so
that the Colnbrooli Railway sliall
be allowed hy him
as
b2ing in all respects fit
to
be
opened and used
for
pubiic
Traffic.
Article 6. The Itailway s'iixll
be
so
made :i:id coniplcted with all modern
Improvements, thc liails bing
of
i;ot
less
7Yeight tlian
TO
lbs.
a
Yard
lineal,
fished and properly bolted lvith
Fang
Bolts throuqh a11 I-Ioles
to
tlis
Slecpcrs,
the
Sleepers being
of
the usual
Size,
and
of
L~ch Timber
or
of
foreign Timber
or
of
primitive Scotch Fir, thoroushly creosoted and placed not more than One
Yard
apart, and properly b:illaktcd
R
itii
god
13allast,
and
no
IVoodcn
Uridgc
being made, ancl if any Bridgc
be
nixclc
on
Piles the Piles being
of'
Iron
and
not
of
Wood.
Article
7.
As
regards
the
Mode
of
eEcciing Junctions
of
the
Itailmay with
thc Ihilmays
of
tlie Working C0inp:mic.i respectively,
:d
the Points
at
which
thc respective Junction., shall
lie
in:de,
and
all Matters connected thercwith,
tlic Colnbrooli
Compxly
will coinply with the Ikquirements
of
the Great
Western
Company
and
the Soutli-wcs~crn Compiny respectivcly.
Article
8.
The Colnbrook Coinpany
will
also lx~vidc, cxecute,
and innkc
all
TVorlis
or
:dclitional
Works
lor
Lanclowners,
Iload
Trustees,
or
otlicr.;
iioiii
Tiiiie
to Time required
unclcr
:my General or other Acts,
or
unclcr
any
Ag.rcc-
nieiits, by thc Col~ibrooli Comp:iny
;
:md also all ndditiuri:d 1.Vorks requiaitc
for
or
by
reason
of
any
Roads
Lciilg
inteifercd nitii by the
1t:iilwaj-.
Article 9. Thc Colnbrooli Compny will procure the reqiiisitc Approval
of
the 12ailway by the
lSo,ird
of
Trade
Inspector
at
such
:L
'rime
as
will
aford
f~ill Olqmrtunity
bcforc
tlic
Espir:itioii
of
thc
l'cvioil
liulitetl
b~
I':iriiaiiirnt
for
tlic opening
of'
tlie Linc for the 1'crf;)rnrance
of
Article
IO.
Article
10.
Forthwith after the bilwvny has
bccn
inspectcc1
by
tlJC
Goad
of
Trdc
Inspector, and his Requirements
liavc
bccn coniplicd with,
and
the opening
of
the
Line
for
public
Trafic
is sanctioncd, the Colnhroolc
Company
will give
[Local.]
5s
U
Notice
532
1
5322
29”
&
30“
VICTOR
IIE,
Cap.
cccxliii.
Notice thereof
to
the TVoi.lting Conijmies,
and
t,heir respective
Engine-rs
shall
thereupon
ifispcct
t,he Line,
llror1
Stativns, atid hccoininod:tti~,n gencr:dly of
tile J
:inti
111:iy
rcquirc
stIt.11
:iclclition:ll
IYoYks,
,\cco~u~iiticlntion,
arid
Conyeiiic:ic(’s,
if
:~ny,
ro
bc
made
nntl
providv:l
by
thc Coliibrook
Coinpany
as
tllos(:
Enginc,ers conFidcr
to
he
neccwi1.y
for
thr
\\‘orl
of
tile T,ine. Statio!is,
:Incl
rJtiIictioiis
of
the
Railway
with Safety, C’onvenience,
atid
proper
Economy,
:ind
tIlc
Coliibrooli P(iirii):iny
will
111:iIiC
ant1
iJ’.O\ide
the
canie iicciirdingIy,
or
snc.11
of
t,lieiii
:IS,
in caw of Diffc:cncc
of
Ol’inion
thcreoii
betwceri
those
‘l’wo
E!!gincc:+
(:r
i>etween
them
or
cither
of
theiii
:id
tlie Co1nhr;)ok
Coin1miy’s
Enginecl., sh:lli I)e referred
to
:incl
determined
by
:L
competent
:13d
iinpnrti:il
(.’iyii
I
wlio
(if
not, :igrccd
on
1)etween
111
‘l’ii~(~
C‘ornl);tnies)
shall
on
the
A1)plicatiou of
thc
Three Clornpinics,
01-
any
01’
thein,
I)e
n:i!iictl
:IJ
the
sole
Arbitrator
in
that
I:eh:rlf‘
liy
the
Board
of Tr:iclo.
Rncl
i\
hell
tile
olleniiig
of
the I<:iil>
for
p1)lic
‘l’raffic
hi15
been snncthvd
by
the
no:iril
of
Trade,
and
such
adclitional
Wodts,
Accommodntions, ancl Conveniences (if
any
)
in this
Article iiicntioned,
or
sncli
of‘
them (if
any)
as
in case
of
DiKerence t.he last-
iiientioned Arbitrator shall cert,ify
as
fit
:md
necess:wy to
11s
coiiipletecl before
tlie openiiig of the Railway have bcen completed, the Railway
sli:ill
be deemed
ready
for
opening for pnblic Traffic.
Article
11.
The Contract
for
the Execution of the l
the Maintenance and Repair thereof
by
thc Contractor,
to
the Satiahction of the
respective Engineers
of
thc Working Cornpanies during the Twelve Calendnr
Months next after the 12ailway shall
bc
ready
for
opening
for
I)ublic Traffic.
Article
12.
Before
the
opening of the Railway
for
public Traffic the
Colnbrook
Conipaiiy
will,
to thc reasonable Sati.qf:iction
of‘
thc respective
Engineers
of
the Working Coiupanies, assist
in
making Arrangemcnts proper
and sufficient fhr enalhg the Working
Companies
on
and
after thc opciling of
the Railway for public Traffic to manage, maintain, repair, work, and use the
RailIvay in accordance
with
this ;!greenient.
Article
13.
From
anti for cver after the Time when in accordance with Arti-
cle~
5,
and
9,
and
10,
the
Rnilway
shall he
rcacl~7
for
opening
fiir
public Traffic
for
Passengcrs
and
Goods, Articles
14
t,o
53,
both inclusive, shall have Effect.
Article
1.1..
If
and whenever any :iclditiona! Sidings
01’
other Works
:ind
Convcniciices are found requisitc for tltc duc Development.
or
tlie safe and con-
venient Reception, Accomnio[1ation, Conveyance,
or
Delivery of Traffic, ani1
which,
if
the
Colnlxook
Company mere working the Railway they would linvc
to provide, the same shall,
:is
a.nd when required by
thc
Working Conipnnie~, be
provided
by
the Colnbrook Company, to the reasonable Satisfaction of
the
respective Engineers ofthc a\‘orliing Companies;
hut
if
nncl
so
far
as those
Engineers,
or
either
of
t,hem, and the Colribrook Company’s Engineer fail
to
agree
as
to the Necessity fur,
or the
Kature
or
Extent, or the Propriety
or
Sufficiency of
ally
additional
W’orks
or
Conveniences
so
required, then the
Matter in difference between them shall
bc
refcrred
to
and determined by
a
competent
and
impartial Civil Engineer, who (if
not,
agreed on between the
Three Companies) shall, on the Application of the Three Companies
or
any
of
them, be named
:IS
the sole Arbitrator in that Behalf by the
Board
of Trade.
Brticle
15.
The
Working Companies may and will cluly manage and regulate
the Railway
ant1
the Traffic thereon, and make, alter, repeal, and enforce the
Byelmvs requisitc
for
the Purpose.
Article
16.
The Working Companies
may
and will maintain and repair the
Railway from
and
after the Expiration of the Twelve Months provided
for
by
Article
11.
Article
17.
The Maintenance and Repir
of
the Railway shall include
all
Renewals of
Rails
and
othcr
Mat-ters,
:ind
all Repairs proper and sufficient
for
keeping the
Worlrs
:incl Conveniences thereof
in
good working Order and
Condition, ancl shall
be
effected to the
rcasonable
Satisfaction
of‘
the respective
Engineers of the Colnbrook Company and
thc
lVorking Companies,
WIIO
respec-
tively shall
at
all Times have Access to and Inspection
of
the Iiailway, and :Ill
proper and sufficient Facilities
for
t,he Purpose. Article
29"
&
30"
VICTORILB,
Cup.
cccxliii
-
The
CoInhoo/i:
tlailzuay
Act,
1866.
~
Article
18.
If
ancl whenel er during
t1:e
Twelve Months provided for by
Article
11
the Contractor with the Colnlrook Company fails, tor Seven Days
after Notice
in
Writin6 from
tlie
Working Companies to tlie Colnbrook Com-
pany, in
duly
maintaining or repairing the Itailway, then the Workiiig Com-
panies under the Direction :ind Superiritentlence
of
their resllective Engineers
may
make and
do
all such Repairs
:md
Things, including Renewals,
as
they think
proper ancl suficient. And the Colnbroolc Conipany will repay to the
\Torking
Coiiip:tiiic~ the
Arnotint
c,f'
tlfc
Cobt
therclof, with Iiitercst :it the Rate
of
Five
Ponntls per Centum per Annuin thereon from
the
Tillic
of
the Expenditure
thereof.
Article
1'3.
The JYorliing Co*iipanics inay
ant1
will keep open and mork
and
use the Railwny tor the Purposes
of
:ill
Traffic thereon, ancl convey Traffic
of
all
IGicls
on
tlie Railw
in
a
proper Mmner,
and
with
al!
Accominodatioii and
F:icilities proper
and
sufficient
for
tile Safety and Convenieiice
(~f'
tile Tr:iffic,
and
so
as
f'dy to devclope the
Tiaffic
of
the
Railway, and
of
the District
to
be
served by the Railwny.
Article
60.
As
reg.irds
the Conveyance
of
'i'roops,
Mail*,
oy
Police, or any
other
rl'raffi~,
if any, which the L'oli~i~roolc Conip:iny are
froni
Time to Time
lawfully called
on
to
convey on the Railway, tlie Working Companies from
Tinie to Time,
so
f,ir
:is
they lawfully can, will,
as
the
Agents
of
the Colnbrook
Compmy, perform
tlitl
Services
so
required,
arid
so
as
to
save the Colnbrook
Compny
tiorii
all
l'enaltiea, Losses, and Expenses in that Behalf.
Article
2
1.
The
\Vorking Comp:inies iiiiiy and mill provide :tiid eml~loy all
Siil'eriiitc,ndents, Inbpectors, Station Masters,
lholiinz
Clerks,
Porters, Kngine
Dribers,
Giiarcls,
Watchmen, and \l'orkmen, and all cit':er Officera and Servants
proper :ind sufficient
for
the Purposes
of'
the R:dw~i~ ancl the Tr,iffic thereof;
except the Secretary, Accountant, and Engineer
of
the ('olnbrooli Company,
who
respectively
and
their Staff shall he appointed and paid by them.
Article
26.
The Working Companies may and will provide all locomotive
Power,
Engines, C'arri,iges, and other Rolling Stocli, Plant,
Stores,
Materials.
and
Laborir
pro1)er ant1 sufficient for the U'orliing and User of the Railwty by
T
Ire
TVorking
Com;)anier,
a:id
the Recel)tion, Accommodation, Convey:ince, and
Delibeery
by
tlieni
ut'
a11
'l'raffic
thereon.
Artic.!e
23.
The Colnbroolc Company will apportioq redeem,
or
pay the
Land
Tax
on
the Railway,
and
nil1
apportion
and
1)ay the Tithe Commutation
Rent charges
thereon,
and
will
pay
all
J
early Xentcharges, if' any, i.iiyable
by
them to Landownera instead
of
l'urcliase Money,
or
otherwise
;
and 811 quit
Rents
:id
other Incidents
of
'I'enurr, if
any,
and
all other Taxes, Rates, :mil
Charges, if
any,
in respect of the Kailmay ortliriarily
aid
usually
paynblr
by
Lantlowners, and also the Property
or
Income 'l'ax on the Monies plyable
to
them under
their
Agreement.
Article
64.
The
!Vat
kin: Companies may ancl
U
ill bear
and
pay a11
Out-
coinss and Expenses whatsoever, with respect
to
the Manageriient, Main-
tenance, Repir, Working, and User by them
of'
the Ridway,
and
the
Recep-
tion, Accoiiiiiiotlatioii. Convej aim, and Delivery
by
them of Traffic thereon,
:incl
all otlier
Outgoings
ant1 Expenses in iespect
of
the Railnay which are
pro-
perly charzeable :igaitist Revenue,
iilid
are
not
expressly provided
tor
by
:my
other
of
the
Articles
of
this
A,
weement.
Article
25,
The Colnbroolr Company will bear :rnd
pay
all the Expenses
of
:an(] incident to
the
ni:iking, maintaining, rek~airing, renewing, manning, watch-
ing, working, and
rising
uf
the Junctions
of
the Railway with the Railways
of
the
Great
\\'estern Company and tlie South-western Company respxtively,
in
the like Manner
as
they would be
hound
to
bear and
pay
the same if this
Agreement were not entered into,
and
those Expenses shall not be deemed
Working Expcnsea to be borne by the Myorking
Companies.
Article
26.
The Worlting Companies may and shall have, exercise, and enjoy
for tlie Purposes
of
this Agreement
all
the Rights, Powers, Authoi ities, :md
Privilege:, whatsoever
of
the Colnbrook Company with respect to the Manage-
ment, Maintenance, Repair, Working,
and
User
of
the Railway,
and
the Traffic
thereon
5323
5324
Cq.
cccxliii.
thereon,
allcl
as
fdly
and
effectually
aq
if the Railway werc Part
of
the respective
Railways of
the
TVorking Companies.
Article
27.
Subject to the
due
Pcrforniance
of
Article
20,
the Colnbrook
Company mill abstr,in
from
doing
or
concurring in
or
sanctioning every and
anything which inight directly
or
indirectly interrupt, hinder, interfere with,
or
in
any
way disturb the exclusive User
or
quiet Enjoyment by the Worliing
Companies
of
any of the Porvcrs
ancl
Privileges intended
to
be secured to thein
by tliis
A,
mrcement.
Article
28.
Thc WorLing Conipnnics in the Exercise
of
their Powers and
Privi1egc.s
under
tliis Agrecinent inny
and
will
in
:ill respects duly perform and
ohserve
the
Feveral
Provisions
with
respect
to tlic AI:in:rgernent, Jlaintenance,
Repair, Working, and User
of
the Hailway and the Traffic thereon contained in
the Act
or
Act?
froni
Time to
Time
ill forcc
witli
respect to
the
same,
:md
will
at
:ill
Tiiiics
frilly
::lid
iidy indeinnify :und
SJVC
11:ii
nilcss
the Colnhrook
Company
from
nnd
:ig
iiiist
all
Penalties, Forfcitiiree,
Losses,
I~aniages,
Costs,
Clm-ges,
IClaim.,
aid
Dcmxii;J~ wliatsoei
er
in any
W:iy
occnsioncd
or
incurred by or
by
reason
of
any
Act
or
L)cf:inlt
of'
the 'i\-orking Compnies
or
either of thcii-1,
or
any
of
their Directors, -4gents,
Officers,
or
Scrmnts, wit11
respect to the Afanngeiiicnt, Mnintenance, Itepair,
Vorliing,
and
User
bv
the
JVorkiZg Conilxmies of
tho
12ail\v:iy,
or
:~ny
Pait
t!iercof,
or
any
Trafic thcrcon.
Articlc
2ge
Thc Tolls, Rntcs, F:ires,
:liId
Glinrgcs
to
bc from Timc to Tiinc
tlemandd
and
talicii
on
or
with rcspcc.t to the Itadway
and
the
Traffic
tlicrron
inny
aiid
s1d
froiii
Tinic to Tiinc be fixed by
thc
Worl&iy Companies, subject
to Provisions
of
the
Act
or
Acta from Titiie
t:,
Timc relating thereto.
Articlc
30.
All
the
Rents,
F:ircs,
Tolls,
Rxtcs,
Terminal Charjics
made
in
rcspcct
of
Station.;
on
tlic
Coliihroo!<
i::iilmay,
and
other
R~VC~~LIC
and
Incoiiici
ivIintcvcr
from
Tiiiic
to
Timc
arising
and
rCwivnblc in rcspcct
of'
thc Under-
taking, K:rilwiy, aiid
Propeyty
of
the
Coln1)rook
Comp:rny, Iicrein-ahcr callctl
the gross Receipts
froni
the
Railmny,
sliall
froin
Time to 'l'iinc be demanded
:111d
talien by
or
be
id
to
cr
reccivctl
by
the Worlring Coinpanice, and after
dcclucting tlierefiwm the
Govcrnnient
Duty
on
Pnssenger
Trcffis
sliall
be applied
by tlicm
as
follom
;
ti
nt
is
to say,
the
JYorlring Companies
shall
retain
for
themselves, in rcs;iect of their Jlanagenient, AIaintenance, Repair, Working, and
User
of
the Enilwny ancl tlic Traffic thcreoli,
:iiitl
their Expenditure of :ind
incident
to
the Perforinance
114
tliein
of
their
Pilrt
of this Agreement:
Orie
IIalf thcreof,
and
shnll
pay
to the Colnbrook Coinpmy for thcir
own
Uec
allcl
Benefit tlie otlier
Half
tlicrcof'.
Article
31.
For
tlic Purposo
of
calciilating the
gross
Receipts for
Traffic
conveyed on the Xailway, the Iteccipts
for
'I'ratiic
eonveycd partly on tltc
IM-
may
:und
1):irtly
0:)
any
of the
lidways
of'
the JT'orl Companies,
or
any
12ai!w:xys
connected tiicrcwitli, sh:ill
::Iter
the Deduction therefrom
of
JVlInrfinge
and Cartage,
and
tile
other
uwal
Tcruiinal
Charges
other thm such
as
are
nintlc
in respect of Stations
on
the Collibrooli 12ailway, be divided
so
tliat
2
dt~c
Nileagc Proportion
thereof,
equal
to the Distancr:
for
which the Trnffic is con-
veyed
upon
the liailway,
as
compared with the whole Distnnce for wliicii it
is
conveyed, shall
be
attributed to
the
Kailway.
Article
32.
The I'ayments to be made to the Colnbroolc Company by the
Working ConipnnieP, in accordance with Article
30,
shall fall due on the
Thirtieth Day
of
June and the Thirty-first
Day
of December in every Year,
and phnll be made
in
the
Months
of February and August next following.
Article
33.
The
Working
Companies will at
:ill
Times keep
and
Tvill rcllder
to the Colnbrook Conipany true and perfect Accounts of
all
the Traffic to
which
this
Agrecmcnt relates, and
all
the Rents, Tolls, Fares, Iiates ancl
Charges, Revenucs and Income received
and
receivable
by
the Worlring
Com-
panies in accordance
with
this Agreement, and
of
a11
other Matters requisite
fir the Purposes
of
this Agreenient, to be included therein.
Article
34.
The Accounts to be
so
kept shall
be
kept with such Details xncl
Vouchers
as
are proper and sufficient
for
the full Explanation and for proving
the
Correctness thereof,
as
regards all Xeceipts
in
respect
of
Through Fares
and
29'
tk
30"
VICTO
RI&,,
Cap.
cccxliii.
5325
~ ~
-
_
~_.
_-
~
The
Colnbrook
Railwmi
Act,
18GG.
~
and
ltates and Chargcs for Traffic conveyed pwtly on the Railway and partly
on any other Itailway or Railways, for s11o\ving the due Mileage or other
Proportion of the Through Fares
arid
Rates
and Terminal
C!iarges
attributable
to the Railway.
Article
35.
A!l
Accounts and Vouchers to lie kept in accordance with this
Agreement shall respectively be open at
all
reasonable Times to the Inspection
and Transcription of the Colribrook Company's Accountant, and the Working
Companies mill afford to him
all
Facilities prop and sufficient for the Inspection
nnct
Transcription thereof, inoluding free Pasqes, and tile ~crvice3 of Clerks,
and
thc User of Room, Stationery, Fire, and Lights.'
Article
36.
The Working Companies forthwith after the End
of
every
Half
Year
will deliver to the
Colnbrook
Cxnpany a true and correct Statement of
all the Tixffic and Xeceipts
duriiig
that
Half'
Tear which are
to
be cornpriscd
in tlie Accounts.
Article
37.
Ercry
such
half-yenrly Statement shall contain
all
such Particu-
1:~s
as
:ire requisite for
the
fir Explanation and
U
ntlerstanding thereof, and for
showing the due Apportionment of gross ltcceipts comprised therein.
Article
38.
Every such half-yearly Stntenicnt shdl be in Writing, under the
Hand
of the Secretaries or Accountants of the JVorking Companies, or One
of them,
and
shall be dclivcred within Forty-two
Days
after the End
of'
the
respcctivc
Half
Year.
Article
39.
"lie
\i't~rliil~g Coinpmie.j, whenever thereunto rcquirecl by the
Coln1)rooli Comliany or their Accountant, will duly exp1:iin and verify the
Accounts
so
kept
or :my
OT
theun,
or
any
of
thc Iteins tllercof,
and
the half-
yenrly
Statenicnts
so
delivered,
or
:my of the Itelm thereof, and prodlice
to
the
Colnbrook Coml):iiiy
or
their Accountant, for tlic Explanation and Verification
tlicrcof, all propcr and sufficient
13ooIis,
Accounts, :~nd Vouchers.
Article
40.
The
Balnnce of
the
LZccounts
for
every I-Ialf Year ending with
the Ttiirtietli Day of June or the Thirty-first Day of December shnll, if
and when practicable, be settled within Fifty-six
Uays
after the End of the
respective Half Year.
Article
41.
Every Difference
as
to the Mode of keeping or making out,
or
the Yropriety
or
Sufficiency of the Accounts
or
Vouchers or half-yearly State
-
ments, or my oftliein,
or
as
to the
Mode
of rendering the half-yearly Statements,
or any of them, shall be deterrnincd by Arbitration as herein-after provided
for.
Article
42.
If and whenever tlic Working Companies fail in duly keeping or
producing any Account
or
Voucher by this Agreement required
to
be bept or
produced by
them,
or
in
duly delivering any hxlf-yearly Statement by this
Agreement rcquirccl
to
be
delivered
by
thcni,
or
in duly verifying any such
Account
or
half-yearly Statement, every rcasonablc l'resumption which the
Case mill admit shall
be
made against the Tvorliing Companies
so
in default
and in favour
of
the Colnbrook Company,
arid
every Difference as to the Fact
of'
any such Failnrs or
as
to the Extent
of
any such Presumption shall be
deterinined by Arbitration.
Article
43.
All
such
Lands, if any,
as
the respective Engineers of the Work-
ing Companies from Time to Time certify by Writing under their Hands to be
superfl~~ous
Lands inay
be
sold by the Colnbroolr Company when and as they
think fit, and the net Proceeds. thereof
inay
and
shall
be
applied by them for
their own Benefit when
ancl
as
they think fit.
Article
44.
The
Three Companies respectively, and their respective Directors,
Officers,
Agents,
and
Scrvants, will at
all
Times afford to each other and their
respcctivc llirectois,
Ofieers,
Agents, and Servants all lawful, reasonable, and
sufficient
Facilities for enabling
tlie
Working Companies
rind
each of thcni
respectively
to
obtain the full Benefit intended to be secured to them respectively
by this Agreement.
Article 45. Every Notice, Requisition, Sccount, Statement, or other Writing
to be given or transmitted for
any
of the Purposes of this Agreement by or
on the Part of the Colnbrook Company to the Working Companies, or the
Working Companies, or either
of
them, to
the
Colnbrook
Company,
shall
be
I-T
,I
.n
T7
5326
29"
&
30"
VICTORIIE,
Cup.
cccxliii.
~-~
_-
-
~
__
5!%e
C'obzbrook
12ailwtiy
Act,
1866.
~~
__
__
.-
-
deemed to be duly given
or
transmitted
if'
it
1)e signed by the Chairninn or the
Secretary of the Conip:inies, or either of them,
or
the Coiripany giving
it,
and
be delivered for the other Company or Conip:inies to their or either
of
their
Chairnien or Secretary,
or
be
left fur that Coiiilmy
or
those Companies with
One
of
their Principal Officcrs
at,
as
regards the Colnbroo', Coinpiny, their
principal Office
at
,
or,
a.:
regards the Greet Western
Compmy, their principal Office at their Paddington Station, or, as regards the
South-western Company, their principal Office
at
tlie
TI\\'aterloo Station.
Article
46.
Provided that any such Kotice
so
signed may be sent by Po-t
as
a
registered Letter addressed to tlie Chairman
or
Secretary to whom it niiglit
be
so
delivered; and every such Letter
so
scnt
by
Poat
shall for tlie Purposes of
this Agreement be deemed to bc dcliven
d
to
the Person to whom it
is
addressed
on the Day on which
it
ought in the ordinarc
Conrae
ot
tlie Post
to
be delivered
:It
the Place to which
it
is addressed
Article
47.
All Matters which in accordance with any
of'
the Articics of
this Agreement are to bc determined 1)y Arbitration, and
all
Questions antl
Differences I)etween the Colnbrook Company
or
their Assigns on thc one hnd,
and the Working Companies
or
either of them,
or
their resl)ective Assigns, on
the other hand, or the Great Western Compaiiy
or
their Aszigns
on
the one
hand, and the South-western Company or their Assigns
on
the other hand,
from Time
to
Time arising on
or
with reference to the Construction, Effect,
Incidents,
or
Consequences of this Agreement, or with reference to any of the
Subject Matters thereof, or on or with reference to any Breach
or
alleged Breach
of any of the Articles of this Agreement,
or
any Claim or Dernand by reason
of any such Breach or alleged Breach, shall be. and are respectively by this
Agreement submitted and reterred
by
the Companies Parties liereto, respectively
to the Arbitration of the Person
who
from Tirile to Time is tile siiigle Arbitrator
for
the Purposes
of
the respective Reference.
Article
48.
So
far
as
is
requisite for full Effect being given
to
this Agreement,
it
1859,
for a Keference
by
tlie Conq'anies antl every
of'
them
respectively
to
the Arbitration of
a
single Arbitrator.
Article
49.
Except
as
is otherwise prdvitletl
fbr
Iiy
-Articles
10
and
14
a
Person
whom the Three Cornpmies by IVriting
undcr
the Hands of their respective
Chairmen from 'rime to Tinie name
in
that Behalf,
or,
in case
of
their failing
so
to name
an
Arbitrator nithin
Teii
Days after any
of
the Tllree Companies
are thereunto requested in Writing
Ly
the other or others of'them, then a coni-
petent and impartial Person, to be
on
their or
:iny
of their Application named by
the Board of Trade, shall from Tinie to Time be the single Arbitrator
for
tlie
Purposes of this Agreement.
Article
50.
None of the Three Coiupaniej will at
any
Time coniinence or
continue any Proceeding whatsoever, at Law
or
in Equity, against the others
or
any other
of
thein with respect to .my Matter whatsoc,ver which
~ould
be
decided by Arbitration under thjs Agreement, except
only
any Proceedings for
compelling the Reference of any Mutter to Arbitration
in
accordance with this
Agreement,
or
for giving effect to the Reference
or
to
any Award thereon.
Article
5
1.
The Three Conipaniea respectively mutually bind tlieinselves to
each other to fulfil this Agreement and
:ill
the Articles thereof in good Faith,
and
in
every Case of Difference
to
the Satisfaction of the Arbitrator, and they
respectively will abide
by
and fulfil every Award
from
Time to Time made
under these Presents and aff'ecting their respective Interests.
Article
52.
The Great Kestern Companj and the South-western Company,
if and when they think fit, niay for
any
ol
the l'urposes
of
this Agreement
appoint a Joint Coiuniittee frcm their respective Directors, and may prescribe
their Number, Q~ioruiii, Duties,
ailcl
Procedure,
:ind
may
delegate to them such
Powers
arid
Discretions, for the Purposes of this Agreement,
as
they think
fit
;
and except
so
far
as
the Great Western Company antl the Soutli-western
Company from Time
to
Time otherwise agree, the Joint Committee shall from
Time
to
Time determine the Proportions in which the Keceipts
and
Expendi-
ture
29')
&
300
VICTORIE,
Cup.
cccxliii.
The
Colnbrook Railwciy
Act,
1866.
tule under this 9.rreemeiit
of
the
TYwking
Compmies shall be divided
betweeii thein. lkforc
the
opening
of
the Kailway
for
public Traffic
a
proper
Agreenicnt, to be executa1
b\
the
Workitig
Coinpanies
in
fair Extenion
of
thew Pie-elits, for defining, inter
>ti,
the rc>pecti\ e Duties :incl Liabilities to
bc unclci.taken by the Working Companies respectively, including, unless the
Workin(). Coinpartics
other\\
ise agree, Provisioni
for
Access
by
the
Working
Companies
to
their existing \Yest Drayton and Shines Stations,
and
for
binding the
\Vorking
Coiiip:mies
respectively thereto, and
in
respect
of
the
Terms
an(l
Conditions incident
to
the
Premises;
and
if
the Terms of the
Apemerit Iiabe
not
been settlrd between the lJrorking Companies within
OIIC,
Yenr
after the pasaiiig
of
tliis
,4ct the same shall,
at
the Inrtance
of
either of
the JVorliing Coliipanies, be settlcd by Arbitration
;
and
a
competent
aiid
impartial l'erwn, to be in that
Behalf
nnmied
by
the Board of Trade, shall be
the single Arhitmtor for the I'wpote, and shall act in conformity with the
Provibions in that
lZehalf
of
"
The
1859."
Article
53.
The Colnbrook Company mill not at any Time seek to obtain
any limning l'owers over any Portion
of
any
Railway
of
the Great Western
Compmy
or
the Soutli-western
COIII~:L~IJ,
and will not
a6
my
Time
:ipply
for,
or
directly
or
indirectly
support
or
sanction any Application for, any Extension
of
tlic
ii:dwa!
Article
54.
So
soon
:is
the Practice of P:irliament will permit, the Three
Conilmicb mill apply to Pnrlianient and use their respective utmost reasonable
Endexiour>
to obtain
an
Act authorizing the Colnbrook Company to grant,
and
the
l\rorl~ing
Companies to accept,
a
Lease
in
perpetuity of the Railway, or
authorizinz
a
'I'ransier
of
the R:iilnay to the Working Companies at
a
Rental
or
yearly Paynient equivalcnt to the yearly Payment agreed to
be
made to the
Colnbrook
Company
under thete Presents.
In witness whereof the Parties hereto
of
the First Part have hereunto set
their Rands and Sc:ils, and the Parties hereto
of
the Third, Fourth, and Fifth
Parts
tlieir
Common Seals, the Day
and
Year first above written;
and
the
Partieb hereto of the Second Part have hereunto
set
their Common Seal, the
CIIARLES
EDWARD
BARLOW.
(L
s.)
?
Day
of'
One thousand eight hundred and sixty-six.
J.
F.
ROBINSON.
(L.S.
I
Signed, sealed,
ant1
delivered
by
tlre above-named
Charles Edward Barlow in the Prcdence
of
Spenser Lawrence, Clerk,
52,
Parliament
Street,
S.JY.
Signed. sealed, and delivered by
the
ahove-
named
JO~IJI
Frederick Kobinson in the Pre-
sence
of
Charles
J.
Griniu
ade,
Solicitor,
Fladlcigh, Suffolk.
TheOommoll
\,
Sealofthe
1
j
Great Western
,
Railway
\
\.-_
'
Seal
of
the
London
and
South-western
Railway
Company.
___-
____
~-
_-_.--
_--,_
.
---.-__N.-
nm--_lp____
-I=-__(
~-
~~ ~
~ ~
LONDON
:
Printed
by
GEORGE
EDWARD
EYRE
and
WILLIAM
SPOTTISWOODE,
Printers
to
the
Queen's
most
Excellent
Majesty.
1866,
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