Act of Parliament FR 1832

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The Festiniog Railway was built under the Act of Parliament passed on 23rd May 1832. There had been two previous attempts to obtain this Act but both had failed on technicalities. The plans were submitted on 13/11/1831 and the original, signed by James Spooner, can be viewed at Dolgellau Record Office (Ref Z DAF 2293). Another copy can be seen at the House of Lords Library.

A second Act followed in 1838 to allow the raising of more money.

These two Acts were repealed in 1869 when a new one was passed to allow double tracking and other things.

The full text of the 1832 Act follows below. All spellings have been checked and are as in the Act. Note the date of printing - 24 years after the Act became law.

ANNO SECUNDO GULIELMI IV REGIS

Cap. xlviii

An Act for making and maintaining a Railway or Tramroad from a certain Quay at Portmadock, in the Parish of Ynys-cynhaiarn in the County of Carnarvon, to certain Slate Quarries called Rhiwbryfder and Duffws, in the Parish of Festiniog in the County of Merioneth. [23d May 1832.][edit]

WHEREAS the making and maintaining a Railway or Tramroad or Railways or Tramroads, for the Passage of Waggons, Engines, and other Carriages, commencing at or near a certain Quay at or near to Portmadock, situate in the Parish of Ynys-cynhaiarn in the County of Carnarvon, in and through the several Parishes or Places herein-after mentioned, and terminating at or near a certain Slate Quarry or Slate Quarries called Rhiw-bryfder and Duffws Slate Quarries, in the Parish of Festiniog in the County of Merioneth, will be the Means of opening a more direct, easy, cheap, and commodious Communication between the Interior of the principal District of Slate and other Quarries of the County of Merioneth and the various Shipping Places at and within the said several Counties of Carnarvon and Merioneth, and will greatly facilitate the Conveyance of Coals and other heavy Articles to the several Slate and other Quarries and Mines in the said District, and the Conveyance of the Slates, Copper and other Ores, and other Productions of the said Slate and other Quarries and Mines, and of the surrounding Country to the Seaside, and will otherwise be of great public Utility: And whereas the several Persons herein-after named are willing and desirous, at their own Costs and Charges, to make and maintain such Railway or Tramroad or Railways or Tramroads; but the same cannot be effected without the Aid and Authority of Parliament: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Richard Smyth Alderman, Stephen Woulfe Barrister-at-law, George Studdart Police Magistrate, George Archer Town Clerk, Arthur Perrin Alderman, Daniel Smyth Esquire, John Cummins Barrister-at-law, James Smith Merchant, and Henry Archer Esquire, and all and every other Person and Persons, Body and Bodies Politic and Corporate, who shall hereafter become a Subscriber or Subscribers to the said Undertaking, and their several and respective Successors, Executors, Administrators, and Assigns, shall be and hereby are united into a Company for making, completing, and maintaining the said Railway or Tramroad, Railways or Tramroads, and other Works to be connected therewith, according to the Rules, Orders, and Directions herein-after mentioned, and for that Purpose shall be One Body Corporate, and be known as such by the Name and Style of "The Festiniog Railway Company," and by that Name shall have perpetual Succession, and shall have a Common Seal, and by that Name shall and may sue and be sued; and the said Company of Proprietors shall have Power and Authority, from and after the passing of this Act, and at all Times thereafter, to purchase and hold Lands and Hereditaments, to them and their Successors and Assigns, for the Use of the said Undertaking and Works, and also to sell and dispose of the said Lands and Hereditaments again in manner by this Act directed, without incurring any of the Penalties or Forfeitures of the Statute of Mortmain.

II. And be it further enacted, That the said Company of Proprietors shall be and are hereby authorized and empowered, by themselves, their Deputies, Agents, Officers, Workmen, and Servants, to make, complete, and maintain a Railway or Tramroad, Railways or Tramroads, to be called "The Festiniog Railway," passable for Waggons and other Carriages, from on or near a certain Shipping Quay at Portmadock, commencing at the North-western End of the Sluice Bridge there, and situate in the Parish of Ynys-cynhaiarn in the said County of Carnarvon and passing thence to the South-west End of a certain Embankment called Traeth Mawr Embankment, and over and along the said Embankment, and also extending to or passing through or into the several Parishes of Llanfihangel-y-Traethau, Llanfrothen, Llandecwyn, Festiniog, Maen-twrog or some of them, to and terminating at or near to a certain Slate Quarry or Slate Quarries called Rhiw-bryfder and Duffws Slate Quarries, situate and being in the said Parish of Festiniog in the said County of Merioneth, and also complete and maintain inclined Planes on such Parts of the said Land as may appear to the said Company to be necessary, and to make Wharfs, and to erect on such Wharfs all such Works as may be necessary for the making and maintaining the said Wharfs, and also thereon such Houses, Buildings, Erections, Cranes, and Machinery and other Works as may be necessary, requisite, and proper for loading and landing the Slates, Ores, Coals, Goods, Wares, Merchandises, Commodities, and other Things which may be landed, loaded, received, and forwarded to and from the said Wharfs, subject nevertheless to the several Restrictions and Conditions herein-after contained: Provided always, that nothing herein contained shall authorize or empower the said Company to make the said Railway or Tram road, Railways or Tramroads, or any Part thereof, or any Wharfs, Works, Houses, Buildings, Erections, Cranes, Machinery, or any or either of them, within the Distance of Eighty-two Yards from the nearest Point of Plas-Tan-y-Bwlch, or occupied therewith, such Distance of Eighty-two Yards being measured in the nearest possible straight Line; and if any Part of the said Railway or Tram-road, Railways or Tramroads, Wharfs, Works, Houses, Buildings, Erections, Cranes, or Machinery shall be made within the Distance aforesaid, the several Persons who shall make or aid or assist in making the same, and also the said Company, shall be liable to all such Actions, Suits, or Remedies for so doing as they and each of them could have been if this Act had not passed.

III. And be it further enacted, That for the Purposes of this Act the said Company of Proprietors, their Deputies, Servants, Agents, Surveyors, and Workmen, shall be and they are hereby authorized and empowered to enter into and upon the Lands and Grounds of any Person or Persons, Bodies Politic, Corporate, or Collegiate whatsoever, near or adjoining to the intended Line of Railway, and to survey and take Levels of the same or any Part thereof, and to set out, ascertain, and appropriate, for the Purposes herein mentioned, such Parts thereof as they are by this Act empowered to take or make use of for making the said Railway or Tramroad, Railways or Tram-roads, and all such other Works, Matters, and Conveniences as are hereby authorized to be made, and there to bore, dig, cut, trench, embank, and sough, and also to remove, take, carry away, lay, and use any Earth, Clay, Stone, Soil, Rubbish, Trees, Roots of Trees, Beds of Gravel or Sand, or any other Materials or Things which may be dug, raised, or gotten in making the said Railway or Tramroad or other Works, out of the Lands or Grounds of any Person or Persons, Bodies Politic, Corporate, or Collegiate, adjoining to such Railway or Tramroad, which may be proper, requisite, or necessary for making, carrying, or continuing, maintaining, altering, or repairing the said Railway or Tramroad and other Works, or which may hinder, prevent, or obstruct the making, using, or completing, extending or maintaining the same respectively, according to the true Intent and Meaning of this Act; and also make, build, erect, bank, excavate, and set up, in, under, or upon the Lands adjoining the same, such and so many Embankments, Bridges, Piers, Arches, and Tunnels, for passing any Valleys, Rivers, Brooks, and Streams or other Waters, and to alter the Course of such Water for such Time as may be necessary for completing Bridges or Passages over the same, and such and so many Houses, Warehouses, Toll Houses, Landing Places, Weighing Beams, Cranes, Fire Engines, or other Machines, and other Works, and Ways, Roads, and Conveniences, as the said Company of Proprietors shall think necessary and convenient for the Purposes of the said Undertaking, and also from Time to Time to alter, repair, and amend or discontinue the same; and also to place, lay, work, and manufacture the Materials necessary for the making, erecting, or maintaining and repairing the said Railway or Tramroad and other Works on the Lands or Grounds adjoining to the Place or Places where the said Works or any of them shall be or are intended to be made, erected, repaired, or done; and also to make, maintain, repair, and alter any Fences or Passages over, under, or through the said Railway or Tramroad; and also to make, set out, and appoint such Roads and Ways, convenient for hauling or drawing .of Waggons and other Carriages passing upon the said Railway or Tramroad, with Men or Horses, or otherwise, and proper Places for Waggons and other Carriages to turn, remain, or pass each other, as the said Company of Proprietors shall think convenient; and construct, erect, and keep in repair any Embankments, Bridges, Piers, Arches, and other Works in, upon, and across any Valleys, Rivers, or Brooks, for the making, preserving, improving, using, maintaining, and repairing of the said Railway or Tram road and other Works; and to construct, make, and do all other Matters and Things fit or necessary for the making, altering, preserving, improving, completing, and using the said Railway or Tramroad, Wharfs and other Works to be made or constructed in pursuance of and according to the true Intent and Meaning of this Act; they the said Company, their Deputies, Agents, Servants, and Workmen, doing as little Damage as may be in the Execution of the several Powers to them hereby granted, and making full Satisfaction, in manner herein-after mentioned, to the Owners or Proprietors of and ail Persons interested in any Lands or other Hereditaments which shall be taken, used, removed, diverted, or injured, for all Damages to be by them sustained in or by the Execution of all or any of the Powers hereby vested or granted; and this Act shall be sufficient to indemnify the said Company, and their Deputies, Servants, Agents, and Workmen, and all other Persons whomsoever, for what they or any of them shall do by virtue of the Powers hereby granted, subject nevertheless to such Provisoes and Restrictions as are herein-after mentioned and contained: Provided always, that nothing herein contained shall authorize or empower the said Company, or any other Person or Persons whomsoever, without the Consent in Writing of William Gryffydd Oakeley Esquire, his Heirs and Assigns, to raise or get any Stones or Materials whatever for any Purpose whatsoever within the Distance of One Half of a Mile from the nearest Point of Plas-Tan-y-Bwlch, or the Buildings belonging thereto or occupied therewith, or to raise, build, or place any Erection, Structure, or Building whatever, or any Steam or other Engine or Machine whatever, within the Distance of One Mile from the nearest Point before mentioned, such Distances of One Half of a Mile and One Mile respectively being measured in the nearest possible straight Line.

IV. Provided always, and be it further enacted, That no Wharf Building, or other Erection, nor any other Work of whatever Description, (save and except the Line of the said Railway, as hereinafter especially provided for,) shall be erected or made under the Authority of this Act, upon the said Embankment or any Part thereof, or within or adjoining the Limits of the said Port called Portmadock aforesaid, or in or upon any Part of Ynys-y-Towyn Rock or Ynys-y-Towyn, or the Towyn, or any Lands situate within the said Parish of Ynys-cynhaiarn in the said County of Carnarvon.

V. And be it further enacted, That the said Company of Proprietors and all Persons employed by them, in erecting or setting up any Engine or Engines, commonly called Steam Engines, shall use the most approved Method to consume and burn the Smoke arising therefrom, so as to prevent the same occasioning any Nuisance whatsoever; and if the said Company of Proprietors, or any Person or Persons employed by them, shall set up or use any Steam Engine without burning or consuming the Smoke upon the Principle aforesaid, they shall forfeit and pay for every such Neglect or Default the Sum of Fifty Pounds, to be recovered, with full Costs of Suit, by Action of Debt or on the Case, in any of His Majesty's Courts of Record at Westminster, and such Steam Engine may be abated as a Nuisance.

VI. Provided always, and be it further enacted, That where the said Railway or Tramroad shall cross any Turnpike Road or public Highway, the Ledge or Side of such Railway or Tramroad, for the Purpose of guiding the Wheels of the Carriages, shall not be above nor shall the same be more than Three Quarters of an Inch below the Level of such Road.

VII. And be it further enacted, That where any Bridge shall be erected by the said Company, for the Purpose of carrying the said Railway or Tramroad, Railways or Tramroads, over or across any Turnpike Road or Public Carriage Road, the Span of the Arch of such Bridge shall be formed and shall at all Times be and be continued of such Width as to leave a clear and open Space under every such Arch of not less than Twelve Feet, and of a Height, from the Surface of such Turnpike Road or public Carriage Road to the Centre of such Arch, of not less than Sixteen Feet, and the Descent under any such Bridge shall not exceed One Foot in Thirty Feet.

VIII. And be it further enacted. That where any Bridge shall be erected for carrying any Turnpike Road or public Carriage Road over the said Railway or Tramroad, Railways or Tramroads, the Road over such Bridge shall be formed, and shall at all Times be and be continued of such Width as to leave a clear and open Space between the Fences of such Road of not less than Twenty-one Feet; and the Ascent of such Bridge for the Purpose of such Turnpike Road or public Carriage Road shall not exceed One Foot in Thirty Feet, and the Ascent of any Bridge which shall be erected for carrying any private Carriage Road over the said Railway or Tram- road, Railways or Tramroads, shall not exceed One Foot in Twenty Feet; and a good and sufficient Fence shall be made on each Side of such respective Bridges, which Fence shall not be less than Four Feet above the Surface of such Bridges.

IX. And be it further enacted, That where the said Railway or Tramroad, Railways or Tramroads, shall cross any Turnpike Road, such Turnpike Road shall be raised or sunk by and at the Expense of the said Company, so that the same shall pass over the said Railway or Tramroad, Railways or Tramroads, or that the said Railway or Tramroad, Railways or Tramroads, shall pass over the said Turnpike Road, by means of a Bridge of such Height and Width and with such an Ascent as is herein-before mentioned.

X. And be it further enacted, That in all Cases in which the said Railway or Tramroad, Railways or Tramroads, shall cross any public Highway (not being Turnpike) on a Level, the said Company shall erect and at all Times maintain a good and sufficient Gate on each Side of such Highway where the said Railway or Tramroad, Railways or Tramroads, shall communicate therewith, ail which Gates shall be kept constantly shut, except during the Times when Carriages passing along the said Railway or Branches shall have to cross such public Highway, and then the same shall be opened for the Purpose only of letting such Carriages pass through; and the Driver or Person entrusted with the Care of any Carriage, or with any Train of Carriages, upon the said Railway or Tramroad, Railways or Tram-roads, shall cause every such Gate to be shut as soon as such Carriages shall have passed through the same, under the Penalty of Five Pounds for every Default therein.

XI. And whereas a Map or Plan describing the Line of the said - Railway, and the Lands through, in, or over which the same were intended to be carried, together with a Book of Reference containing a List of the Names of the Owners and Occupiers of such Lands, have been deposited in the Offices of the respective Clerks of the Peace for the Counties of Carnarvon and Merioneth: And whereas since the depositing of the said Map or Plan and Book of Reference an Abandonment of a certain Portion of the Line of the said Railway, as laid down upon such Map or Plan, hath been agreed upon and determined, at the Request and with the Concurrence of the Owner of the Land in which such Abandonment is proposed to be made: Be it therefore further enacted, That a Map or Plan describing the said Railway as the same has been agreed to be made, authenticated by the Signature of the Right Honourable the Speaker of the House of Commons, shall, together with a Copy of an amended Book of Reference of such Railway, within Two Calendar Months after the passing of this Act, be deposited with the respective Clerks of the Peace for the Counties of Carnarvon and Merioneth; and a Copy of such Map or Plan, similarly authenticated, and of such amended Book of Reference, shall within the like Period be deposited with the Clerk of the said Company hereby established, to the End that all Persons may at all seasonable Times have Liberty to inspect the said Map or Plan and Book of Reference so deposited, and to take Copies thereof or Extracts therefrom, at their Will and Pleasure, paying the Sum of One Shilling for every such Inspection, and for Copies of and Extracts from the said Book of Reference after the Rate of Sixpence for every One hundred Words; and the said Map or Plan and Book of Reference, or any Copy thereof, or of so much or such part or Parts thereof respectively as shall relate to any Matter or Thing in question, certified by the said Clerks respectively or their respective Deputies, or by the said Clerk of the said Company, to be a true Copy, shall be and is hereby declared to be good Evidence in ail Courts of Law and elsewhere.

XII. And be further enacted, That the said Company of Proprietors, in making the said intended Railway or Tramroad, shall not deviate more than One hundred Yards from the Course or Direction delineated in the said Map or Plan: Provided always, that it shall not be lawful for the said Company of Proprietors to make any Deviation whatever from the Line so laid down on the said Map or Plan, in passing through the Parish of Ynys-cynhaiarn, without the Consent in Writing of the Owner or Owners for the Time being of the respective Lands within the said Parish through which such Deviation shall be proposed to be made; nor shall it be lawful for the said Company of Proprietors to make any Deviation whatever from the Line so laid down on the said Map or Plan for the Length of Three hundred Yards at the Back of Plas-Tan-y-bwlch, to be selected and pointed out by the said William Gryffydd Oakeley, his Heirs or Assigns, as herein-after mentioned, without the Consent in Writing of the said William Gryffydd Oakeley, his Heirs or Assigns.

XIII. Provided always, and be it further enacted, That no Advantage shall be taken of or against the said Company of Proprietors, or any Interruption be given to the making of the said Railway or Tramroad, Railways or Tramroads, and other Works hereby authorized to be made, on account of any Error or Omission in the said Book of Reference, in case it shall appear to any Two or more Justices of the Peace acting for the County in which the Lands in question shall be situate, and be certified in Writing under their Hands, that such Error or Omission proceeded from Mistake only.

XIV. Provided also, and be it further enacted, That nothing herein contained shall extend to authorize or empower the said Company of Proprietors, or any Person or Persons acting by or under their Authority, to take, use, injure, or damage, for the Purposes of the said Railway or Tramroad, Railways or Tramroads, or other th Works, or for any other of the Purposes aforesaid, any House or other Building which was erected or built on or before the Thirtieth Day of November One thousand eight hundred and thirty-one, or any Land or Ground which was then set apart and used as and for a Garden, Orchard, Yard, Park, Paddock, Plantation, planted Walk or Avenue to a House, or any inclosed Ground planted as an Ornament or Shelter to a House, or planted and set apart as a Nursery for Trees, without the Consent in Writing of the Owners or Proprietors thereof and Persons interested therein respectively, other than and except such as are specified in the Schedule to this Act annexed.

XV. And be it further enacted, That if the said Company shall not within the Space of Three Years, to be computed from the passing of this Act, agree for or cause to be valued and paid for, as herein-after mentioned, the several Houses, Buildings, Lands, Tenements, and Hereditaments which they are hereby empowered to purchase as aforesaid, or so much thereof as they shall deem necessary for the Purposes of this Act, then and from thenceforth the Powers and Authorities hereby granted to them for such Purpose only shall cease, determine, and be utterly void (save and except with the Consent in Writing of the Owners and Occupiers thereof respectively).

XVI. And be it further enacted, That the Lands and Grounds to be taken or used for the Purposes of this Act shall not exceed Four Yards in Breadth, except in such Places where it shall be judged necessary for Waggons or other Carriages to turn, remain, or pass each other, or for raising Embankments for crossing the Valleys, or in deep Cuttings, or where any Warehouses, Cranes, or Weighbeams may be erected, or where any Places may be set out or appropriated for the forming of Wharfs, or for the Reception or Delivery of any Goods, Wares, and Merchandise which shall be conveyed on the said Railway or Tramroad, and not above Sixty Yards in Breadth in any Place, except on Commons, Downs, or Waste Lands, without the Consent of the Owners of the Lands or Hereditaments adjoining to the said Railway or Tramroad.

XVII. Provided always, and be it further enacted, That it shall not be lawful for the said Company, in carrying the said Railway over Traeth Mawr Embankment, to use or occupy, for the Purposes of such Railway, any more of the said Embankment than shall be absolutely necessary in laying the said Railway upon the Surface of the said Embankment, and not exceeding Three Feet in Breadth between the Rails upon any Part of the said Embankment; and such Railway shall be laid down and constructed upon and along the said Embankment on the West Side of the present Road over the said Embankment, and so as not to impede or in any Manner interrupt the present Passage upon or along the said Embankment; and it shall not be lawful for the said Company, in constructing the said Railway over or upon the said Embankment, or for any of the Purposes of this Act, to take or use or to remove or displace any of the Stones, Gravel, Timber, Piles, or other Materials from the Foundation, or from either Side of the said Embankment, or from any other Part or Parts of such Embankment, except only such Part of the Surface thereof as shall be necessary to be used, displaced, or removed in order to the said Railway being laid upon such Surface; and no greater Portion of such Surface shall be displaced, or used in laying down such Railway than One Foot in Depth, nor shall the Height of the said Embankment from its present Base be diminished, without the previous Consent in Writing of the Proprietor or Proprietors of the said Embankment first had and obtained.

XVIII. And be it further enacted, That after any Lands, Grounds, or Hereditaments shall have been set out and ascertained for making the said Railway or Tramroad, or any Part or Parts thereof respectively, and for providing and constructing the Works and Conveniences hereby authorized to be made, or any of them, it shall be lawful for all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Tenants in Tail or for Life, or for any other partial or qualified Estate or Interest, Husbands, Guardians, Trustees, and Feoffees in Trust for charitable and other Purposes, Committees, Executors, and Administrators, and all Trustees and Persons whomsoever, not only for and on behalf of themselves, their Heirs and Successors, but also for and on behalf of the Person or Persons entitled in reversion, remainder, or expectancy after them, if incapacitated, and for and on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or other Person or Persons, and for all Femes Covert who are or shall be seised, possessed of, or interested in their own Right, or entitled to Dower or other Interest therein, and for all and every other Person and Persons whomsoever who is, are, or shall be seised, possessed of, or interested in any Lands, Grounds, or Hereditaments which shall be set out and ascertained for the Purposes aforesaid, to contract for, sell, and convey the same and every Part thereof unto the said Company; and all such Contracts, Agreements, Sales, Conveyances, and Assurances shall be made at the Expense of the said Company of Proprietors, and shall be made according to the following Form, or as near thereto as the Circumstances of the Case will admit; (that is to say,)

I of in consideration of the Sum of to me paid by the Festiniog Railway Company, do hereby, in pursuance and by virtue of the Power in that Behalf contained in an Act passed in the Second Year of the Reign of His Majesty King William the Fourth, intituled [here set forth the Title of this Act], grant and release to the said Company of Proprietors all [describing the Premises to be conveyed], and all my Estate, Right, Title, and Interest in and to the same and every Part thereof, to hold to the said Company of Proprietors and their Successors for ever, according to the true Intent and Meaning of the said Act. In witness whereof I have hereunto set my Hand and Seal, the Day of in the Year of our Lord

And all such Conveyances and Assurances as aforesaid shall be good, valid, and effectual in the Law to all Intents and Purposes, and shall operate and be a Surrender and effect a Merger of all outstanding Terms of Years, and be a complete and effectual Bar of all Estates, Rights, Titles, Remainders, Reversions, Trusts, and Interests whatsoever.

XIX. And be it further enacted, That if in making the said Railway or Tramroad any Pieces or Parcels of Ground shall be cut through and divided so that what shall be left on each or either Side of the said Railway or Tramroad shall be less than Three Quarters of an Acre in Quantity, or less than Twenty Yards in average Breadth throughout the whole Length thereof, and if the Owner or Owners to of any such Pieces or Parcels of Ground shall not have any other Land or Ground adjoining to that which shall be so left on each or either Side of the said Railway or Tramroad, then and in every such Case, if the Owner or Owners, or Person or Persons entitled to the Possession or to the Rents and Profits of the same, shall so require, but not otherwise, the said Company of Proprietors shall also take and purchase the Piece or Parcel or Pieces or Parcels of Ground so left on each or either Side of the said Railway or Tramroad, Railways or Tramroads, being less than Three Quarters of an Acre in Quantity, or less than Twenty Yards in average Breadth throughout the whole Length thereof as aforesaid, the Value thereof to be ascertained in the same Manner as is herein-after directed concerning any Land or Ground to be taken and used for the Purposes of this Act.

XX. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to give to the said Company any Mines or Minerals, or of Coals, or any Stone or Slate, under any Land taken or purchased by the said Company under the Provisions of this Act, but all such Mines, Minerals, Coals, Stone, or Slate shall be deemed to be excepted out of such Purchase, and may be worked by the Owners or Lessees thereof under the said Lands, or any Railway or Wharfs of the said Company, in such and the same Manner as if this Act had not passed, but so nevertheless as not to prejudice or to injure such Railway, Wharfs, or other Works hereby authorized or directed to be made.

XXI. And be it further enacted, That from and after the passing of this Act no Shaft, Pit, or Quarry shall be dug, sunk, or made, and no Adit, Drift, or Cut shall be made, under the said Railway or Tram- road, Railways or Tramroads, or under any Banks, Bridges, or Works upon which any Part of the said Railway or Tramroad, Railways or Tramroads, shall be laid down, nor any Shore Ropes, Chains, Connexion Rods, or any other Ropes, Chains, Rods, or other Matters, be fixed over, under, across, near, or by any Part of the said Railway or Tramroad, Railways or Tramroads, so as to injure the Roads, or to interrupt in any Manner the free Passage of Carriages with their Lading along the same.

XXII. And be it further enacted, That all Bodies Politic, Corporate, or Collegiate, Trustees, and other Persons herein-before capacitated or enabled to sell and convey Lands, Tenements, and Hereditaments, and the Owner and Owners, Occupier and Occupiers of any Lands, Tenements, or Hereditaments through, in, or upon which the said Railway or Tramroad, Railways or Tramroads, and other Works hereby authorized are intended to be made, or any of them, may accept and receive Satisfaction for the Value of such Lands, Tenements, and Hereditaments, and also Compensation for the Damages to be sustained in making or completing the said Works herein-before directed to be made, in such gross Sums as shall be agreed upon between the said Owners and Occupiers respectively, or any of them, and the said Company of Proprietors; and from and immediately after the Time of making and executing every such Sale and Conveyance, or any Contract or Contracts for the same, the said Company of Proprietors may and shall be at liberty to enter upon and thenceforth for ever to have, take, and enjoy the said Lands, Tenements, and Hereditaments for the Purposes of this Act; and in case the said Company and the several Parties interested in any such Lands, Tenements, and Hereditaments cannot or do not agree as to the Amount or Value of such Satisfaction and Compensation, the same shall be ascertained and settled by the Verdict of a Jury in manner hereinafter directed.

XXIII. And for settling all Differences which may arise between the said Company of Proprietors and the several Owners of or Persons interested in any Lands and Grounds, Messuages, Buildings, Tenements, Hereditaments, Streams, Brooks, Waters, or Water courses, which shall or may be taken, used, damaged, stopped up, affected, or prejudiced by the Execution of any of the Powers hereby granted, be it further enacted, That if any Body Politic, Corporate, or Collegiate, Trustee or Trustees, or any other Person or Persons so interested, entitled, or empowered, or capacitated to sell as aforesaid, for and on behalf of himself, herself, or themselves, or for or on behalf of his, her, or their Cestuique Trusts, or of the Person or Persons entitled in remainder or reversion after them as aforesaid, or of any other incapacitated Person or Persons as aforesaid, shall refuse to accept such Purchase Money or Recompence as shall be offered them by the said Company, and shall give Notice thereof in Writing to the said Company within Twenty-one Days next after such Offer shall have been made, and the Party or Parties giving such Notice shall therein request that the Matter or Matters in dispute may be submitted to the Determination of a Jury, or if any Body or Bodies Politic, Corporate, or Collegiate, Trustee or Trustees, or any other Person or Persons interested, entitled, or empowered to sell as aforesaid, shall, for the Space of Twenty-one Days next after a Notice in Writing shall have been given to the principal Officer of-any such Body or Bodies Politic, Corporate, or Collegiate, or such Trustee or Trustees, Person or Persons respectively, or left at the last or usual Place of his, her, or their Abode, or with the Tenant or Tenants, Occupier or Occupiers of any Lands or other Hereditaments, (required for the Purposes of this Act,) neglect or refuse to treat, or shall not agree with the said Company for the Sale and Conveyance of their respective Estates and Interests therein, or shall by reason of Absence be prevented from treating, or shall by reason of Nonage, or any other Impediment or Disability not provided for by this Act, be incapable of treating or making such Agreement as shall be expedient for enabling the said Company to proceed in making the said Railway or Tramroad and other the Works aforesaid, or shall not produce or evince a clear Title to the Premises they may be in possession of, or to the Interest they shall claim therein, to the Satisfaction of the said Company, then and in every such Case the said Company of Proprietors shall and they are hereby empowered and required from Time to Time to issue a Warrant under their Common Seal to the Sheriff of the County in which the Lands or Hereditaments in question shall be situated, or the Matter in question or dispute shall arise, or in case such Sheriff of the County in which the Lands or Hereditaments in question shall be situated, or the Matter in question or dispute shall arise, or in case such Sheriff or his Under Sheriff shall be One of the said Company of Proprietors, or enjoy any Office of Trust or Profit under them, or shall be in any ways interested in the Matters in question, then to any One of the Coroners of such County not interested as aforesaid, or if all the Coroners shall be so interested, then to the last Person then in being who filled the Office of Sheriff of the said County not interested as aforesaid, commanding such Sheriff or Coroner or other Person to impannel, summon, and return, and the said Sheriff, Coroner, or other Person is hereby accordingly authorized, empowered, and required to impannel, summon, and return, a Jury of at least Eighteen sufficient and indifferent Men, qualified according to the Laws of this Realm to be returned for Trials of Issues in His Majesty's Courts of Record at Westminster; and the Persons so to be impannelled, summoned, and returned are hereby required to come and appear before the Justices of the Peace for the County in which such Lands, Tenements, or Hereditaments lie, or the Matter in question or dispute shall arise, at some Court or General Quarter Sessions of the Peace to be holden in or for the same County, or at some Adjournment thereof, as in such Warrant shall be directed or appointed, and to attend such General Quarter Sessions from Day to Day until discharged by the said Court; and out of such Persons to be impannelled, summoned, and returned a Jury of Twelve Men shall be drawn by the Clerk of the Peace for the County wherein such Jury shall be returned, or his Deputy, in such Manner as Juries for Trials of Issues joined in His Majesty's Courts of Record at Westminster are by Law directed to be drawn; and in case a sufficient Number of Jurymen shall not appear at the Time and Place so to be appointed as aforesaid, such Clerk of the Peace or his Deputy shall return other honest and indifferent Men of the Standers-by, or of others that can speedily be procured to attend that Service (being so qualified as aforesaid), to make up the said Jury to the Number of Twelve; and all Parties concerned shall and may have their lawful Challenges against any of the said Jurymen, but shall not challenge the Array; and the said Clerk of the Peace or his Deputy is hereby empowered and required to summon and call before the said Justices all and every Person and Persons who shall be thought necessary to be examined as a Witness or Witnesses touching the Matters in question or dispute, and may order and authorize the said Jury, or any Six or more of them, to view the Place or Places or Matter or Matters in controversy; and such Jury shall upon their Oaths, or, being of the Society called Quakers, upon their solemn Affirmations, (which Oaths and solemn Affirmations, as well as the Oaths and solemn Affirmations to such Person or Persons as shall be called upon to give Evidence, the Justices are hereby empowered and required to administer), inquire of, assess, and ascertain and give a Verdict for the Sum or Sums of Money to be paid fur the Purchase of such Lands, Grounds, Messuages, Buildings, Tenements, and Hereditaments, and also the separate and distinct Sum or Sums of Money to be paid by way of Recompence or Compensation, either for the Damages which shall or may before that Time have been sustained as aforesaid, or for the future temporary or perpetual Continuance of any recurring Damages which shall have been so occasioned as aforesaid, and the Cause or Occasion of which shall have been in part only removed by the said Company, and which can or will be no further obviated, remedied, or repaired by them; and the said Justices shall accordingly give Judgment for such Purchase Money, Recompence, or Compensation as shall be assessed by such Jury; which said Verdict, and the Judgment thereupon to be pronounced as aforesaid, shall be binding and conclusive to all Intents and Purposes upon all Bodies Politic, Corporate, or Collegiate, and all other Persons whatsoever; provided always, that Seven Days Notice in Writing of the Time and Place at which such Juries are so required to be returned shall be given by the said Company to the Party or Parties with whom any such Controversy shall arise, by leaving such Notice at the Dwelling House of such Person or Persons, or of the Clerk or Agent or Head Officer of any such Body Politic, Corporate, or Collegiate, or with some Tenant or Occupier of the Premises intended to be valued, or respecting which any such Question shall arise.

XXIV. Provided also, and be it further enacted, That in ascertaining the Sum or Sums of Money to be paid for the Purchase of any Lands, Tenements, or Hereditaments to be taken or made use of for the Purposes of this Act, the Jury shall also ascertain and assess the Compensation and Satisfaction to be made by the said Company for any Damages which shall or may at any Time or Times hereafter be sustained by any Body or Bodies Politic, Corporate, or Collegiate, or by any Person or Persons, respectively being Owner or Owners of or interested in such Lands, Tenements, or other Hereditaments, for or by reason of the renewing or dividing the same from other Lands, Tenements, or Hereditaments belonging to such Body or Bodies Politic, Corporate, or Collegiate, or to any such Person or Persons as aforesaid, and for or on account of the Detriment, Injury, Loss, and Damage or Prejudice which shall or may accrue to or be sustained by such Body or Bodies Politic, Corporate, or Collegiate, Owner or Owners, or other Person or Persons interested in such Lands, Tenements, or other Hereditaments, or any of them, by reason of the making, using, repairing, or maintaining the said Railway or Tramroad, and other Works and Conveniences belonging thereto, or by reason or means of the Execution of any of the Powers given to the said Company of Proprietors, such Damages and Compensation to be settled and ascertained separately and distinctly from the Value of the Lands, Tenements, and Hereditaments so to be taken and used as aforesaid.

XXV. And be it further enacted, That the said Juries shall and they are hereby respectively empowered to settle what Shares and Proportions of the Purchase Money or Compensation for Damages which shall be assessed as aforesaid shall be allowed to any Tenant or other Person or Persons having a particular Estate, Term, or Interest in the Premises, for such his, her, or their Interest or respective Interests therein.

XXVI. And be it further enacted, That all the said Verdicts and Judgments, being first signed by the Clerk of the Peace or his Deputy present at the taking of such Verdict and pronouncing such Judgment respectively, shall be kept by the Clerk of the Peace for the County in which the Matter of Dispute shall have arisen among the Records of the Quarter Session for such County, and shall be deemed Records to all Intents and Purposes, and the same, or true Copies thereof, shall be allowed to be good Evidence in all Courts whatsoever, and all Persons shall have Liberty to inspect the same, paying for such Inspection the Sum of One Shilling and no more, and also to take and make Copies thereof, paying for every Copy after the Rate of Sixpence for every One hundred Words.

XXVII. And be it further enacted. That if such Sheriff or his Deputy, or any Coroner or other Person herein-before authorized and directed to act in the Stead of such Sheriff, shall make default in the Premises, he shall for every such Offence forfeit the Sum of Fifty Pounds; and if any Person so to be summoned and returned upon any such Jury as aforesaid shall not appear, without sufficient Excuse, or appearing shall refuse to be sworn, or, being of the Society of Persons called Quakers, to make his solemn Affirmation or to give his Verdict, or shall in any other Manner wilfully neglect his Duty, contrary to the true Intent and Meaning of this Act, or if any Person so to be summoned to give Evidence as aforesaid shall not appear, on being paid or tendered a reasonable Sum for his, her, or their Costs and Expenses, or appearing shall refuse to be sworn, examined, or to give Evidence, then and in every such Case every such Person so offending, having no reasonable Excuse (to be allowed by the said Justices), shall forfeit and pay for every such Offence, for the Benefit of the Party for whom or on whose Account such Jury or Witness shall be summoned, any Sum not exceeding Ten Pounds, to be levied, by virtue of any Warrant under the Hand and Seal of any One of the said Justices, by Distress and Sale of the Goods and Chattels of the Person so offending, rendering to him the Overplus of the Money they produced, after such Penalty, and the Charges and Expenses of such Distress and Sale, shall have been deducted.

XXVIII. And be it further enacted, That every such Jury and Juryman as aforesaid shall also be liable and subject to the same Regulations, Pains, and Penalties as if such Jury and Juryman had been returned for the Trial of any Issue joined in any of His Majesty's Courts of Record at Westminster; and all and every Person and Persons who in any Examination to be taken by virtue of this Act, upon their Oath, or, being of the Society of Persons called Quakers, upon their solemn Affirmation, shall wilfully and corruptly give false Evidence before any Justice of the Peace, acting as such in the Execution of this Act, shall and may be prosecuted for the same, and upon Conviction thereof shall be subject and liable to the same Pains and Penalties to which Persons guilty of wilful and corrupt Perjury are by the Laws in being subject and liable to.

XXIX. And be it further enacted, That in every Case where a Verdict shall be given by any such Jury for the same or more Money than shall have been previously offered, for or on behalf of the said Company of Proprietors, as a Recompence or Satisfaction for any such Lands, Tenements, or Hereditaments as aforesaid, or for any such Estate, Right, or Interest therein, or for any Damages that may have been sustained by any Person or Persons as aforesaid, all the Costs and Charges incurred in summoning, impannelling, and returning such Jury, taking such Inquisition, and the Attendance of Witnesses, and recording the Verdict or Judgment therein, shall be borne by the said Company of Proprietors out of the Monies to be raised by virtue of this Act; and in case such Costs and Expenses shall not be paid to the Party or Person entitled to receive the same within Ten Days after Demand made thereof from the said Company, then the same shall and may be levied and recovered by Distress and Sale of any Goods or Chattels vested in the said Company, or of any Goods or Chattels of the Treasurer or Treasurers of the said Company (unless such Treasurer or Treasurers shall pay such Costs and Charges out of the Monies received by him by virtue of this Act, which he is hereby authorized to do), under a Warrant to be issued for that Purpose by any Justice of the Peace for the County in which the Matter in dispute shall arise, which Warrant any such Justice is hereby authorized and required to issue, under his Hand and Seal, on Application made to him for the Purpose by the Party or Person entitled to receive such Costs and Expenses; and in every Case where a Verdict shall be given by any such Jury for no more or for less Money than shall have been previously offered by or on behalf of the said Company as such Recompence or Satisfaction as aforesaid, all the Costs and Charges incurred as aforesaid shall be borne in equal Proportions by the Party or Parties refusing or neglecting to treat or agree as before mentioned, and by the said Company; but in Cases where any Person or Persons, Party or Parties, shall have been prevented by Absence from entering into any Treaty with the said Company, the Costs and Charges so incurred shall be borne by the said Company in manner aforesaid; and in Cases where any Difference shall arise touching the Amount of the said Costs and Charges, the same shall be settled and ascertained by any Justice of the Peace for the said County not interested in the Matter in question, who is hereby authorized and required to examine into and settle the same, and to appoint a Time and Place for Payment thereof; and where the Costs shall be payable by the Party or Parties having had any such Disagreement or Dispute with the said Company as aforesaid, the Amount thereof, having been first paid by the said Company, may be deducted by them out of the Monies awarded to be paid to such Party or Parties as so much Money advanced for his, her, or their Use, and the Payment or Tender of the Balance of such Money shall be deemed and taken to all Intents and Purposes whatsoever to be a Payment or Tender of the whole Money awarded and adjudged to such Party or Parties; or otherwise, if such Costs and Charges be not paid upon Demand, after being so ascertained as aforesaid, the same may be recovered by the said Company from the Party or Parties liable to the Payment thereof, by Action of Debt or on the Case in any of His Majesty's Courts of Record at Westminster, together with full Costs of Suit.

XXX. And be it further enacted, That all and every Person or Persons who shall refuse to accept such Purchase or Compensation Money as shall have been offered them by the said Company, and shall request that the Matter in dispute shall be referred to the Determination of a Jury, shall, before the said Company shall be obliged to issue out their Warrant or Warrants for the summoning of such Jury, first enter into a Bond, with Two sufficient Sureties, to the Treasurer of the said Company, in a Penalty of One hundred Pounds, to prosecute such his, her, or their Complaint, and to bear and pay his, her, or their Proportion of the Costs and Expenses of the summoning and returning such Jury and taking such Verdict, and of the summoning and of the Attendance of Witnesses, in case any Part of such Costs and Expenses shall fall upon him, her, or them, to be paid according to the true Intent and Meaning of this Act.

XXXI. And be it further enacted, That if at any Time or Times hereafter any Person or Persons shall sustain any Damage in his, her, or their Lands, Tenements, or Hereditaments by reason of the Execution of any of the Powers given by this Act, and for which a Compensation is not herein-before provided, then and in every such Case such Damages shall from Time to Time be settled and ascertained or assessed by a Jury, and the Sum or Sums of Money to be paid for the same shall be recovered, levied, and applied in such and the same Manner as is herein directed with respect to such Damages as are herein-before provided for, and the Money to be paid as a Recompence for the same.

XXXII. And be it further enacted, That the said Company shall not be obliged, nor shall any Jury to be summoned by virtue of this Act be allowed, to receive or take notice of any Complaint or Complaints to be made by any Person or Persons whomsoever for any Injury or Damage by him or them sustained or supposed to be sustained by virtue or in consequence of the Execution of any of the Powers of this Act, unless Notice in Writing, stating the Particulars of such Injury or Damage, and the Amount of the Compensation claimed in respect thereof, shall have been given by or on behalf of such Person or Persons to the said Company within the Space of Six Calendar Months after the Time of such supposed Injury or Damage shall have been sustained, or the doing or committing thereof shall have ceased.

XXXIII. And be it further enacted, That upon Payment or legal Tender of such Sum or Sums of Money as shall have been contracted or agreed for between the Parties, or assessed by any jury or Juries in manner aforesaid, for the Purchase of any Lands, Tenements, or other Hereditaments, or as a Recompence for the yearly Produce or Profits thereof, or as a Compensation for Damages, as herein-before mentioned, to the Proprietor or Proprietors of such Lands, Tenements, or other Hereditaments, or to such other Person or Persons as shall be interested therein or entitled to receive such Money or Compensation respectively, within One Calendar Month after the same shall be so agreed for, determined, or assessed, or if the Person or Persons so entitled or interested as aforesaid, or any of them, cannot be found, or shall refuse to receive the same, or shall not be able to make a good Title to or shall refuse to execute Conveyance or Conveyances of the Premises which shall be required for the Purposes of this Act, then, upon Payment of the said Sum or Sum or Sums of Money into the Bank of England, as herein-after directed and required, for the Use of the Person or Persons entitled thereto, it shall be lawful for the said Company, and their Agents, Workmen, and Servants, immediately to enter upon such Lands, Tenements, and other Hereditaments respectively, and then and thereupon such Lands and Grounds, Tenements and other Hereditaments, and the Fee Simple and Inheritance thereof, together with the yearly Profits thereof, and all the Estate, Use, Trust, and Interest of any Person or Persons therein, shall thenceforth be vested in and become the sole Property of the said Company of Proprietors, to and for the Purposes of this Act, for ever; and such Payment, Tender, or Investiture shall not only bar all Right, Title, Interest, Claim, and Demand of the Person or Persons to whom the same shall or ought to have been made, but also shall extend to and be deemed and construed to bar the Dower of the Wife of every such Person, and all Estates Tail and other Estates in Reversion and Remainder of his, her, or their Issue, and of every other Person whomsoever therein; provided nevertheless, that before such Payment, Tender, or Deposit in the Bank of England as aforesaid it shall not be lawful for the said Company, or any Person acting under their Authority, to dig or cut into such Lands or Grounds, Tenements or Hereditaments, for the Purpose of making the said Railway or Tramroad or collateral Branches, or other Works, hereby authorized to be made, without the Leave of the respective Owners or Occupiers thereof in Writing made under their respective Hands; and in case any Person or Persons shall enter upon any such Premises for any of the Purposes of this Act before such Payment or Deposit into the Bank of England as aforesaid shall have been made, every Person or Persons so offending shall forfeit and pay the Sum of Ten Pounds for every Day he or they shall remain on the said Premises.

XXXIV. And be it further enacted, That every Tenant at Will, Lessee for a Year, and other Person or Persons in possession of any Lands, Tenements, and Hereditaments which shall be taken or used for the Purposes of this Act, and who shall have no greater Interest in the Premises than as Tenant at Will or Lessee for a Year or from Year to Year, shall deliver up the Possession of such Premises to the said Company, or to such Person or Persons as they shall appoint to take possession of the same, at the Expiration of Six Calendar Months next after Notice to that Effect shall have been given by the said Company or left upon the said Premises, whether such Notice be given with reference to the Time or Times of such Tenants holding or not; and in case any such Tenant or Lessee, or Person so in possession as aforesaid, shall refuse to give such Possession as aforesaid, it shall be lawful for the said Company to issue their Precept or Precepts to the Sheriff of the County in which the Premises shall be situate, to deliver Possession of the said Premises to such Person or Persons as shall in such Precept or Precepts be nominated to receive the same; and the said Sheriff is hereby required to deliver Possession of the said Premises accordingly, and to levy such Costs as shall accrue from the issuing and Execution of such Precept or Precepts on the Person or Persons so refusing to give Possession as aforesaid, by Distress and Sale of his, her, or their Goods.

XXXV. Provided also, and be it further enacted, That where any Tenant or Lessee shall be required to deliver up the Possession of any Premises so occupied by him to the said Company, or to the Person or Persons authorized by them to take possession thereof as aforesaid, before the Expiration of the Term or Interest of such Tenant or Lessee as aforesaid in the said Premises, the said Company shall and they are hereby directed to make or tender unto such Tenant or Lessee Satisfaction or Compensation for the Value of his unexpired Term or Interest in the said Premises, which Satisfaction or Compensation, in case of Difference, shall be settled and ascertained in manner herein-before directed with regard to any other Satisfaction or Compensation is in and by this Act provided for, and directed to be made and assessed.

XXXVI. And be it further enacted, That all and every Person and Persons who shall have any Mortgage or Mortgages on any Lands, Tenements, or Hereditaments to be taken or used for the Purposes of this Act, shall, within Six Calendar Months from and after the passing of this Act, give Notice in Writing to the said Company of such Mortgage or Mortgages, and of his, her, or their Right and Claim in respect thereof, and shall, on Tender of the Principal Money and Interest due thereon, together with the Amount of Six Calendar Months Interest on the said Principal by the said Company, immediately convey, assign, and transfer such Mortgage or Mortgages to the said Company; or in case such Mortgagee or Mortgagees shall have Notice in Writing from the said Company that they will pay off and discharge the Principal Money and Interest which shall be due on the said Mortgage or Mortgages at the End or Expiration of Six Calendar Months (to be computed from the Day of giving such Notice), then, and at the End of such Six Calendar Months, on Payment of the Principal and Interest so due, or such Mortgagee or Mortgagees shall refuse to convey and assign as aforesaid on such Tender or Payment, then all Interest on every such Mortgage shall from thenceforth cease and determine: Provided always, that in case the Sum due for Principal and Interest upon any such Mortgage or Mortgages shall amount to more than the real Value of the Premises to be taken and made use of for the Purposes of this Act, and which shall be ascertained in manner herein before-directed, then the said Company shall not be liable to pay to the said Mortgagee or Mortgagees more than the real Value of such Premises so to be ascertained as aforesaid, or the Residue thereof after such Allowance and Payment thereof to any Lessee or Tenant as herein-before directed; provided also, that in case any such Mortgagee or Mortgagees shall neglect or refuse to convey or assign as aforesaid, then, upon Payment of the Principal Money and Interest due on any such Mortgage or Mortgages as aforesaid, or such Proportion thereof, into the Bank of England, at the End of Six Calendar Months from the Day of giving such Notice as aforesaid, for the Use of such Mortgagee or Mortgagees, the Cashier or Cashiers of the said Bank of England shall give a Receipt or Receipts for the said Money, in like Manner as is by this Act directed in Cases of other Payments into the said Bank, and thereupon all the Estate, Right, Title, Interest, Use, Trust, Property, Claim, and Demand of the said Mortgagee or Mortgagees, and of all and every Person and Persons in trust for him, her, or them, shall vest in the said Company, and they shall be deemed to be in the actual Possession of the Premises comprised in such Mortgage or Mortgages to all Intents and Purposes whatsoever: Provided also, that if such Mortgage or Mortgages shall comprise any other Lands, Tenements, or Hereditaments than those which shall be so taken by the said Company, such Mortgagee or Mortgagees, shall, upon Payment or Tender of the Sum so ascertained as the Value of the said Lands, Tenements, or Hereditaments as aforesaid, forthwith convey, assign, and transfer his, her, or their Interest in such Lands, Tenements, or Hereditaments to the said Company; and in default of such Conveyance, Assignment, or Transfer, and on Payment of such Money into the Bank of England, for the Use of such Mortgagee or Mortgagees, the Cashier or Cashiers of the Bank shall give such Receipt or Receipts as above mentioned, and thereupon all the Estate, Right, Title, Interest, Trust, Property, Claim, and Demand of the said Mortgagee or Mortgagees, and of all and every Person and Persons in trust for him, her, or them, in the said Lands, Tenements, or Hereditaments the Value whereof shall have been so ascertained and paid into the Bank as aforesaid, shall vest in the said Company, and they shall be deemed to be in the actual Possession of the said Premises to all Intents and Purposes whatsoever, and such Sums of Money shall be deducted from the Amount of the Principal and Interest due to such Mortgagee or Mortgagees by virtue of such Mortgage or Mortgages.

XXXVII. And be it further enacted, That if any Money shall be paid, or agreed or awarded to be paid, for the Purchase of any Lands, Tenements, or Hereditaments, to be purchased or used by virtue of the Powers of this Act, which shall belong to any Body Politic, Corporate, or Collegiate, Ecclesiastical or Civil, Corporation Aggregate or Sole, Tenant for Life or in Tail, or to any Feoffee in Trust, Executor, Administrator, Husband, Guardian, Committee, or other Trustee for or on behalf of any Infant, Idiot, Lunatic, Feme Covert, or other Cestuique Trust, or to any Person or Persons whose Lands, Tenements, or Hereditaments are limited in strict or other Settlement, or to any Person under any other Disability or Incapacity, such Money shall, in case the same shall amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of Exchequer, to be placed to his Account there ex parte the Company of Proprietors of the Festiniog Railway, pursuant to the Method prescribed by an Act passed in the First Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the better securing Monies and Effects paid into the Court of Exchequer at Westminster on account of the Suitors of the said Court, and for the Appointment of an Accountant General and Two Masters of the said Court, and for other Purposes, and the General Orders of the said Court, and without Fee or Reward; and shall, when so paid in, there remain until the same shall, by Order of the said Court, upon a Petition to be preferred to the said Court in a summary Way by the Person or Persons who would have been entitled to the Rents and Profits of the said Lands, Tenements, or Hereditaments, be applied, either in the Purchase or Redemption of the Land Tax, or in or towards the Discharge of any Debt or Debts or other Incumbrances affecting the same Lands, Tenements, or Hereditaments, or affecting other Lands, Tenements, or Hereditaments standing settled therewith to the same or the like Uses, Trusts, Intents, or Purposes as the said Court of Exchequer shall authorize to be purchased or paid, or such Part thereof as shall be necessary; or until the same shall, upon the like Application, be laid out in a summary Way, by Order of the said Court, in the Purchase of other Lands, Tenements, or Hereditaments, which shall be conveyed, limited, and settled to for, and upon such and the like Uses, Trusts, Intents, and Purposes, and in the same Manner, as the Lands, Tenements, or Hereditaments which shall be so purchased, taken, or used as aforesaid stood settled or limited, or such of them as at the Time of making such Conveyance and Settlement shall be existing undetermined or capable of taking effect; and in the meantime and until such Order can be made the said Money may, by Order of the said Court upon Application thereto, be invested by the said Accountant General in his Name in the Purchase of Three Pounds per Centum Consolidated or Three Pounds per Centum Reduced Bank Annuities, or in Government or Real Securities; and in the meantime and until the said Bank Annuities or Government or Real Securities shall be ordered by the said Court to be sold for the Purposes aforesaid, the Dividends or Interest and annual Produce of the said Consolidated or Reduced Bank Annuities or Government or Real Securities shall from Time to Time be paid, by Order of the said Court, to the Person or Persons who would for the Time being have been entitled to the Rents and Profits of such Lands, Tenements, or Hereditaments so to be purchased, conveyed, and settled.

XXXVIII. Provided always, and be it further enacted, That if any Money so agreed or awarded to be paid for any Lands, Tenements, or Hereditaments to be purchased, taken, or used for the Purposes of this Act, and belonging to any Corporation, or to any Person or Persons under any Disability or Incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds, and shall exceed or amount to the Sum of Twenty Pounds, then and in all such Cases the same shall, at the Option of the Person or Persons for the Time being entitled to the Rents and Profits of the Lands, Tenements, or Hereditaments so purchased, taken, or used, or of his, her, or their Guardian or Guardians, Committee or Committees, in case of Infancy, Idiotcy, Lunacy, or other Incapacity, with the Approbation of the said Company, signified in Writing under their Common Seal, be paid into the said Bank of England in the Name and with the Privity of the said Accountant General of the Court of Exchequer, and be placed to his Account as aforesaid, in order to be applied in manner herein-before directed; or otherwise the same may be paid, at the like Option and with the like Approbation, to Two Trustees, to be nominated by the Person or Persons who for the Time being would be entitled to the Rents and Profits of the Lands, Tenements, or Hereditaments so to be purchased and settled, such Nomination to be approved of by the said Company, and such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties; and the Money so paid to such Trustees, and the Dividends and Produce arising thereon and therefrom, shall be by them applied in like Manner as is herein-before directed with respect to the Money so to be paid into the Bank of England in the Name of the Accountant General of the Court of Exchequer, but without obtaining or being required to obtain any Order of the said Court touching the Application thereof.

XXXIX. Provided also, and be it further enacted, That where such Money so agreed or awarded to be paid as last herein-before mentioned shall be less than Twenty Pounds, then and in all such Cases the same shall be paid to the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the Lands, Tenements, or Hereditaments so purchased, taken, or used for the Purposes of this Act, for his, her, or their own Use and Benefit; or, in case of Infancy, Idiotcy, Lunacy, or other Incapacity, then such Money shall be paid to his, her, or their Guardian or Guardians, Committee or Committees, Trustee or Trustees, to and for the Use and Benefit of such Person or Persons respectively entitled thereto.

XL. And be it further enacted, That in case the Person or Persons to whom any Sum or Sums of Money shall be awarded for the Purchase of any Lands, Tenements, or Hereditaments to be purchased, taken, or used under or by virtue of the Powers of this Act shall refuse to accept the same, or shall not be able to make a good Title to the Premises to the Satisfaction of the said Company, or in case the Person or Persons to whom such Sum or Sums of Money shall be awarded as aforesaid cannot be found, or if the Person or Persons entitled to such Lands, Tenements, or Hereditaments be not' known or discovered, then and in every such Case it shall be lawful for the said Company to order the said Sum or Sums of Money so awarded as aforesaid to be paid into the Bank of England in the Name and with the Privity of the Accountant General of the said Court of Exchequer, to be placed to his Account to the Credit of the said Parties interested in the said Lands, Tenements, or Hereditaments [describing them], subject to the Order, Control, and Disposition of the said Court; which said Court, on the Application of any Person making claim to such Sum or Sums of Money or any Part thereof, by Motion or Petition, shall be and is hereby empowered, in a summary Way of Proceeding or otherwise, as to the said Court shall seem meet, to order the same to be laid out and invested in the Public Funds, and to order Distribution thereof, or Payment of the Dividends thereof, according to the respective Estate or Estates, Title or Interest of the Person or Persons making claim thereunto, and to make such other Order in the Premises as to the said Court shall seem just and reasonable; and the Cashier or Cashiers of the Bank of England who shall receive such Sum or Sums of Money is and are hereby required to give a Receipt or Receipts for such Sum or Sums of Money, mentioning and specifying therein for what and for whose Use the same is or are received, to such Person or Persons as shall pay any Sum or Sums of Money into the Bank of England as aforesaid.

XLI. Provided always, and be it further enacted, That where any Question shall arise touching the Title of any Person to any Money to be paid into the Bank of England in the Name and with the Privity of the Accountant General of the said Court of Exchequer, in pursuance of this Act, for the Purchase of any Lands, Tenements, or Hereditaments, or of any Estate, Right, Title, or Interest in any Lands, Tenements, or Hereditaments to be purchased in pursuance of this Act for the Purposes aforesaid, or to any Bank Annuities or Government or Real Securities to be purchased with any such Money, or to the Dividends or Interest of any such Bank Annuities or Government or Real Securities, the Person or Persons who shall have been in possession of such Lands, Tenements, or Hereditaments at the Time of such Purchase, and all Persons claiming under such Person or Persons, or under the Possession of such Person or Persons, shall be deemed and taken to have been lawfully entitled to such Lands, Tenements, or Hereditaments, according to such Possession, until the contrary shall be shown to the Satisfaction of the said Court, and the Dividends or Interest of the Bank Annuities or Government or Real Securities to be purchased with such Money, and also the Capital of such Bank Annuities or Government or Real Securities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said Court that such Possession was a wrongful Possession, and that some other Person or Persons was or were lawfully entitled to such Lands, Tenements, or Hereditaments, or to some Estate or Interest therein.

XLII. Provided also, and be it further enacted, That where by reason of any Disability or Incapacity of the Person or Persons, or Corporation, entitled to any Lands, Tenements, or Hereditaments to be purchased, taken, or used under the Authority of this Act, the Purchase Money for the same shall be required to be paid into the Bank of England, or to be applied in the Purchase of other Lands, Tenements, or Hereditaments, to be settled to the like Uses, in pursuance of this Act, it shall be lawful for the said Court to order the Expenses of all Purchases from Time to Time to be made in pursuance of this Act, or so much of such Expenses as the Court shall deem reasonable, together with the necessary Costs and Charges of obtaining such Order, to be paid by the said Company out of the Monies to be raised by virtue of this Act, who shall from Time to Time pay such Sums of Money for such Purposes as the said Court shall direct.

XLIII. And whereas by means of the Purchases which the said Company of Proprietors are empowered and required to make by this Act they may happen to be seised or possessed of more Land or Ground than will be necessary for effecting the Purposes of this Act: Be it therefore further enacted, That it shall be lawful for the said Company to sell and dispose of any Piece or Pieces of such Land or Ground, either together or in Parcels, by Public Auction or Private Contract, as they shall find most convenient and advantageous, to such Person or Persons as shall be willing to contract for and purchase the same; and such Conveyances from the said Company shall be valid and effectual, anything in this Act contained, or any other Law, Statute, or Custom to the contrary thereof notwithstanding: Provided always, that the said Company, before they shall sell and dispose of any such Piece or Pieces of Land or Ground, shall first offer to sell the same to the Owner or Owners of the adjoining Lands; and in case such Owner or Owners shall be desirous of purchasing the same, he, she, or they shall signify such his, her, or their Desire and Intention in that Behalf to the said Company within Fifteen Days after such Offer of Re-sale shall have been made; and in case such Person or Persons shall refuse or decline to avail himself, herself, or themselves of such Offer, or shall neglect or omit to signify his, her, or their Desire and Intention to repurchase such Messuages, Lands, Tenements, and Hereditaments for the Space of Fifteen Days, then and in every such Case, an Affidavit, made and sworn before a Master or Master Extraordinary in the High Court of Chancery, or before One of His Majesty's Justices of the Peace for the County in which such Land shall be situate, by some Person or Persons not interested in the said Messuages, Lands, Tenements, or Hereditaments, stating that such Offer was made by or on behalf of the said Company, and that such Offer was refused or declined or was not accepted or agreed to by the Person or Persons to whom the same was made within the said Space of Fifteen Days from the Day or Time of making the same, shall in all Courts whatsoever be sufficient Evidence and Proof that such Offer was made and was refused or declined or was not accepted and agreed to within the Time aforesaid by the Person or Persons to whom such Offer was made, as the Case may be; and in case such Person or Persons shall be desirous of purchasing or repurchasing the same, and he, she, or they and the said Company shall differ and not agree with respect to the Price thereof, then and in such Case the Price or Prices thereof shall be ascertained by a Jury in the Manner by this Act directed with respect to the disputed Value of Premises to be purchased by the said Company in pursuance thereof; and the Expense of hearing and determining such Difference shall be borne and paid in like Manner as in and by this Act is directed with respect to Purchases made by the said Company, mutatis mutandis; and the Money produced by the Sale or Sales which may be made by the said Company of such Messuages, Lands, Tenements, and Hereditaments as aforesaid shall be applied to the Purposes of this Act.

XLIV. Provided always, and be it further enacted, That upon Payment of the Money which shall arise by the Sale or Sales of such Lands, Tenements, or Hereditaments, or any Parts or Parcels thereof, it shall be lawful for the Treasurer or Treasurers for the Time being to the said Company to sign and give Receipts for the Money for which the same shall be sold, which Receipts shall ,be sufficient Discharges to any Person or Persons for the Purchase Money for such Lands, Tenements, or Hereditaments, or any Parts or Parcels thereof, as shall be sold, or so much thereof as in such Receipts respectively shall be expressed to be received, and such Person or Persons shall not afterwards be answerable or accountable for any Loss, Misapplication, or Nonapplication of such Purchase Money or any Part thereof.

XLV. And whereas it may tend to the public Advantage and Accommodation if the said Company be empowered to purchase any Quantity of Land not exceeding Twenty Statute Acres, and also to purchase any Messuages or other Buildings, for the Purpose of making, erecting, forming, and providing any Coalyards, Staiths, Messuages, Warehouses, and other Buildings and Conveniences for the Purposes of this Act: Be it therefore further enacted, That it shall be lawful for the said Company and they are hereby authorized and empowered to contract with any Person or Persons, Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, for the Purchase of any Parcel or Parcels of Land, Messuages, Buildings, or Hereditaments, so consenting to the Sale of the same, (not exceeding in the whole Twenty Statute Acres,) in such Place or Places as shall be deemed eligible or convenient, for the Purpose of making, erecting, forming, and providing any Coalyard, Staiths, Messuages, Warehouses, and other Buildings and Conveniences for the Purpose of receiving, lodging, depositing, or keeping any Goods, Merchandise, or other Things carried or conveyed or intended to be carried or conveyed upon the said Railway or Tramroad, or any of them, or for making any convenient Roads, Avenues, or Ways leading thereto, or for any other Purposes whatsoever connected with the said Railway or Tramroad, or any of them, which the said Company shall judge requisite and necessary; and it shall be lawful for all Bodies Politic, Corporate, and Collegiate, Corporations Aggregate and Sole, and all other Persons whomsoever, so consenting, to sell and grant or convey to the said Company and their Successors any Parcel or Parcels of Land, Messuages, Buildings, and Hereditaments whatsoever, for the Purposes last aforesaid or any of them, in the same Manner as is herein-before directed concerning Lands, Messuages, Buildings, and Hereditaments to be taken or used for the Purpose of forming, making, and maintaining the said Railway or Tramroad.

XLVI. And be it further enacted, That it shall be lawful for the said Company, and they are hereby authorized and empowered, from Time to Time and at any Time or Times hereafter, to sell and dispose of such additional Lands, Tenements, and Hereditaments as they are hereby authorized and empowered to purchase and shall have actually purchased for the Purposes of this Act, or so much and such Part or Parts of the same Messuages, Lands, Tenements, and Hereditaments as the said Company shall think proper, and either together or in Parcels, by Public Auction or Private Contract, as shall be thought advisable or expedient, to any Person or Persons who shall be willing to become the Purchaser or Purchasers thereof, and again from Time to Time to contract for the Purchase of any other Messuages, Lands, Tenements, and Hereditaments more eligible or convenient for the Purposes aforesaid or any of them, and afterwards to sell and dispose of the same as aforesaid, so that the total Number her or Quantity of Acres to be purchased by the said Company of Proprietors for any of the Purposes herein-before mentioned shall not exceed at any Time the Quantity or Number of Acres by this Act specified or allowed for the same respective Purposes.

XLVII And whereas the said Company are enabled to purchase Twenty Statute Acres of Land by virtue of this Act for the Purposes thereof, in addition to the Land hereby authorized to be purchased, used, or taken for the making and completing the said Railway or Tramroad, Railways or Tramroads, and all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, and all other Persons whomsoever, are empowered to sell such Quantity or Number of Acres to the said Company: And whereas it is expedient to restrain the said Company from selling any such Lands so purchased from any Body or Bodies Politic or Corporate or Collegiate, Corporations Aggregate or Sole, Trustees or Feoffees in Trust for Charitable or other Purposes, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees for or on behalf of Infants, Lunatics, Idiots, Femes Covert, Cestuique Trusts, Tenants for Life or in Tail, and Persons to whom or for whose Benefit Lands are limited in strict Settlement, and other Persons, being under legal Disability or Incapacity, and again purchasing other Lands from the same or any other Body or Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Trustees or Feoffees in Trust for charitable or other Purposes, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees for or in behalf of Infants, Lunatics, Idiots, Femes Covert, Cestuique Trusts, Tenants for Life or in Tail, and Persons to whom or for whose Benefit Lands are limited in strict Settlement, and other Persons, being under legal Disability or Incapacity, in lieu or stead of the Lands so sold: Be it therefore enacted, That it shall not be lawful for the said Company to purchase from any Body or Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Trustees or Feoffees in Trust for Charitable or other Purposes, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees for or on behalf of Infants, Lunatics, Idiots, Femes Covert, Cestuique Trusts, Tenants for Life or in Tail, and Persons to whom or for whose Benefit Lands are limited in strict Settlement, and other Persons, being under legal Disability or Incapacity, more than such Twenty Statute Acres; and in case the said Company shall afterwards sell the whole or any Part of such Twenty Statute Acres so purchased, it shall not be lawful for the said Company to purchase of or from the same, or any other Body or Bodies Politic, Corporate, or Collegiate, Corporation Aggregate or Sole, Trustees or Feoffees in Trust for Charitable or other Purposes, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees for or on behalf of Infants, Lunatics, Idiots, Femes Covert, Cestuique Trusts, Tenants for Life or in Tail, Persons to whom or for whose Benefit Lands are limited in strict Settlement, and other Per sons, being under legal Disability or Incapacity, nor for the same or any other Body or Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Trustees or Feoffees in Trust for Charitable or other Purposes, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees for or on behalf of Infants, Lunatics, Idiots, Femes Covert, Cestuique Trusts, Tenants for Life or in Tail, Persons to whom or for whose Benefit Lands are limited in strict Settlement, and other Persons, being under Disability or Incapacity, to sell to the said Company, any other Lands in lieu or instead of those Twenty Statute Acres or any Part thereof so sold or disposed of by the said Company.

XLVIII. And be it further enacted, That in all Conveyances to be made by the said Company tinder and by virtue or in pursuance of the several Powers and Authorities to them hereby given, the Word "grant" shall amount to and be construed and adjudged in all Courts of Judicature to be express Covenants to the Grantees or other Purchasers, his, her, or their Executors, Administrators, or Assigns, for the said Company, from themselves and their Successors, that they the said Company, notwithstanding any Act done by them, were, at the Time of the Execution of such Conveyance, seised of the Hereditaments and Premises thereby granted of an indefeasible Estate of Inheritance in Fee Simple, free from all Incumbrances, for quiet Enjoyment thereof, against the said Company, their Successors and Assigns, and all claiming under them, indemnified and saved harmless by the said Company and their Successors from all Incumbrances committed by the said Company, and also for further Assurance of such Hereditaments and Premises by the said Company, their Successors and Assigns, and all claiming under them, unless the same shall be restrained and limited by express particular Words contained in such Conveyances or any of them; and such Purchasers or Grantees, and his, her, and their several Heirs, Executors, Administrators, and Assigns respectively, shall and may, in any Action or Actions to be brought, assign a Breach or Breaches thereupon as they might do in case such Covenants were expressly inserted in such Conveyances.

XLIX. And whereas by reason of taking down Houses and Buildings and making Alterations in pursuance of this Act there may be Deficiencies in the Assessments for Land Tax in the several and respective Parishes, Townships, or Places herein described: Be it therefore further enacted, That for preventing the same the said Company shall, from and after the said Company shall become seised or possessed of the Premises charged with the Land Tax, and until the Works hereby authorized to be made shall be completed and assessed to such Land Tax, (unless the said Company shall think fit to redeem the same under the Powers of the Acts for the Redemption of the Land Tax,) be subject and liable from Time to Time to pay and make good to or in aid of the said Parish or Parishes, Township or Townships, out of the Monies to arise by virtue of this Act, all such Sum and Sums of Money as shall be deficient in the said several Assessments for Land Tax within the said Parish or Parishes, Township or Townships, by reason or means of taking down or using for the Purposes of this Act any Houses, Buildings, and Premises liable to such Assessment, according to the Rental at which the same are valued or rated at the Time of passing this Act; and the Treasurer, Collector, or Receiver to be appointed under this Act shall be and is hereby authorized and required to pay all such Assessments, on Demand thereof, to the Collector or Collectors of the Land Tax Assessments for such Parishes or Townships.

L. And whereas the probable Expense of making the said Railway or Tramroad, Railways or Tramroads, and other Works hereby authorized to be made, will amount to the Sum of Twenty-four thousand one hundred and eighty-five Pounds Ten Shillings, and the whole of which said Sum of Twenty-four thousand one hundred and eighty-five Pounds Ten Shillings has been already subscribed by several Persons, under a Contract, binding themselves, their Heirs, Executors, Administrators, and Assigns, for the Payment of the several Sums by them subscribed respectively: Be it therefore further enacted, That the Powers given by this Act may be put in force immediately on the passing hereof.

LI. And be it further enacted, That such Sum of Twenty-four thousand one hundred and eighty-five Pounds Ten Shillings shall be divided into Shares of Twenty-five Pounds each, and such Shares shall be numbered, beginning with Number One, in regular or arithmetical Progression ascending, whereof the common Excess or Difference shall always be One, and every such Share shall always be distinguished by the Number to be applied to the same; and the said Shares shall be and are hereby vested in the several Persons so raising and contributing to the same, and their several and respective Executors, Administrators, and Assigns, to their and every of their proper Use and Benefit, proportionably to the Sum they shall severally raise and contribute; and all Bodies Politic, Corporate, and Collegiate, and all Persons, their several and respective Successors, Executors, Administrators, and Assigns, who shall severally subscribe for One or more Share or Shares, or such Sum or Sums as shall be demanded in lieu thereof, towards carrying on and completing the said Undertaking, and other the Purposes of the said Subscription, shall be entitled to and receive, at such Time and Times as the said Company or their Director or Directors shall, at a General or Special Meeting, to be convened for that Purpose as Meetings on other Occasions are directed to be convened, direct and appoint, the entire and net Distribution of an equal proportionable Part, according to the Money so by them respectively paid, of the net Profits and Advantages that shall and may arise and accrue by the Rates and other Sums of Money to be raised, recovered, or received by the said Company by the Authority of this Act; and every Body Politic, Corporate, or Collegiate, Person or Persons, having such Property in the said Undertaking as aforesaid, shall bear and pay a proportionable Sum towards carrying on the same, in manner herein directed and appointed.

LII. Provided always, and be it further enacted, That the Estate and Effects of the said Company shall at all Times be liable and answerable for the just Debts and Demands of the Creditors of the said Company, and that the several Persons and Bodies Corporate and Politic composing the said Company shall severally and respectively stand responsible and answerable for all just Debts and Demands of the Creditors of the said Company, to the full Amount of their several and respective Shares in the Capital of the said Joint Stock: Provided always, that whenever Two or more Persons shall have jointly subscribed for or shall be jointly possessed of any One or more Share or Shares in the said Undertaking, such Persons shall severally and respectively be answerable for the proportional Amount of such Share or Shares, but not further or otherwise, aforesaid.

LIII. And be it further enacted, That all and every the Shares and Proportions of all Bodies Politic, Corporate, or Collegiate, and all other Person or Persons, of and in the said Undertaking, or the Joint Stock or Fund of the said Company, shall be deemed Personal Estate, and be transmissible as such, and not of the Nature of Real Property.

LIV. And be it further enacted, That the several Persons who have subscribed or who shall hereafter subscribe or advance any Money for or towards making and maintaining the said Railway or Tramroad and other Works hereby authorized to be made, and for other the Purposes of this Act, shall and they are hereby required to pay the Sum or Sums of Money by them respectively subscribed, or such Parts or Proportions thereof as shall from Time to Time be called for by the said Company, under and by virtue of the Powers and Directions of this Act, at such Times and Places as shall be directed by the said Company, or their Director or Directors, in manner herein-after mentioned; and in case any Person or Persons shall refuse or neglect to pay the same at the Time and in the Manner required for that Purpose, it shall be lawful for the said Company to sue for and recover the same in any Court of Law or Equity.

LV. And be it further enacted, That all and every Body and Bodies Politic, Corporate, or Collegiate, or other Person or Persons, who by virtue of this Act shall have subscribed for or shall become entitled to be in actual Possession of One or more Share or Shares in the said Undertaking, his, her, or their respective Successors, Executors, Administrators, and Assigns, shall be deemed a Proprietor of every such Share, and shall have a Vote for and in respect of every such Share in the Stated and Special General Meetings to be held as herein-after appointed for carrying on the said Undertaking, or relative thereto; which Vote or Votes shall and may be given by him, her, or them, or by his, her, or their Proxy or Proxies duly constituted under his, her, or their Hand or Hands, or Common Seal if a Corporation, or, in case of the Infancy, Idiotcy, or Lunacy of any such or other Person or Persons, then under the Hand or Hands of his, her, or their Guardian or Guardians, Committee or Committees, as the Case may be, every such Proxy being a Proprietor of the said Undertaking; and every such Vote by Proxy shall be as good and valid to all Intents and Purposes as if such Principal or Principals had voted in Person; the Appointment of which Proxies may be made according to the Form or to the Effect following; (that is to say,)

"I of One of the Proprietors of the Festiniog Railway, do hereby nominate, constitute, and appoint of to be my Proxy, in my Absence to vote or give my Assent or Dissent to any Business, Matter, or Thing relating to the said Undertaking which shall be mentioned or proposed at any Meeting of the Company of Proprietors of the said Railway, in such Manner as the said shall think proper, according to his Opinion and Judgment, for the Benefit of the said Undertaking or anything appertaining thereto. In witness whereof I have hereunto set my Hand, the Day of in the Year of our Lord . "

And every Election of Committees and Officers, and every Question, Matter, and Thing whatsoever which shall be proposed, discussed, or considered in any General or Special Meeting of the said Company to be held by virtue of this Act, shall be finally determined by the Of Majority of Votes and Proxies then present; and at every such Meeting One of the Proprietors then present shall be appointed Chairman, who shall not only be entitled to vote as a Proprietor or Proxy, but in case of an Equality of Votes shall also have the decisive or casting Vote,

LVI. And for the better securing to the several Proprietors of the said Undertaking their respective Shares therein, be it further enacted, That the said Company, or their Director or Directors, shall and they are hereby required immediately on the passing of this Act, or at their First or some subsequent General Meeting, to cause the Names and proper Additions of the several Persons who shall then be entitled to Shares in the said Undertaking, with the Number of the Shares or the Amount of all the Subscriptions which they are then respectively entitled to hold, and also the proper Number by which every Share shall be distinguished, to be fairly and distinctly entered in a Book to be kept by the Clerk of the said Company, and after such Entry made to cause their Common Seal to be affixed thereto, and also shall cause a Certificate or Ticket, with the Common Seal of the said Company to be affixed thereto, to be delivered to every such Subscriber, on Demand, specifying the Share or Shares to which he, she, or they is or are entitled in the said Undertaking, every such Proprietor paying to the Clerk to the said Company Two Shillings and Sixpence, and no more, for every such Certificate or Ticket; and such Certificate or Ticket shall be admitted in all Courts whatsoever as Evidence of the Title of such Subscriber, his or her Executors, Administrators, or Assigns, to the Share or Shares therein specified, but the Want of such Certificate or Ticket shall not hinder or prevent the Owner of any of the said Shares from selling or disposing thereof; and which said Certificate or Ticket may be in the Words or to the Effect following; (that is to say,)

"The Festiniog Railway Company. Number"

"THESE are to certify, That is a Proprietor of the Share Number of the Festiniog Railway, subject to the Rules, Regulations, and Orders of the said Company; and that the said his [or her] Executors, Administrators [or Successors], and Assigns, is and are entitled to the Profits and Advantages of such Share. Given under the Common Seal of the said Company, the Day of in the Year of our Lord ."

LVII. And be it further enacted, That if any such Certificates or Tickets as aforesaid shall be worn out or damaged, then, upon the same being brought and shown at some General Meeting of the said Company, such Certificates or Tickets may be cancelled and destroyed, and other similar Certificates or Tickets given, under the Seal of the said Company, to the Person or Persons in whom the Property of such Certificates or Tickets, and the Shares therein mentioned, shall be at that Time vested; or in case such Certificates or Tickets shall be burnt or destroyed, then, upon due Proof thereof, like Certificates or Tickets shall be given to the Person or Persons who was or were the Owner or Owners of or entitled to such Certificates or Tickets so burnt or destroyed; and a due Entry of the Transfer of such Certificates or Tickets so burnt or destroyed shall be entered by the Clerk of the said Company in manner herein directed, the said Clerk receiving for every Certificate or Ticket which shall be so given or exchanged the Sum of Two Shillings and Sixpence and no more.

LVIII. And be it further enacted, That it shall be lawful for the said Company of Proprietors, if they shall think it expedient, and they are hereby authorized and empowered to raise any Sum or Sums of Money not exceeding Ten thousand Pounds, to be applied for the Purpose of completing the said Undertaking, or making Branch Roads, as empowered under this Act.

LIX. And be it further enacted, That it shall be lawful for the said Company to borrow and take up at Interest all or any Part of the said Sum of Ten thousand Pounds on the Credit of the said Undertaking, as to them shall seem meet and convenient; and the said Company, or the Director or Directors of the said Company, after an Order of any General Meeting, are hereby fully authorized and empowered to assign the Property of the said Undertaking, and the Rates arising or to arise and payable to and for the Use of the said Company by virtue of this Act, or any Part thereof, (the Costs and Charges of assigning the same to be paid out of such Rates,) as a Security for such Sum or Sums of Money to be borrowed as aforesaid, with lawful Interest, to such Person or Persons who shall advance the same, or to his, her, or their Trustee or Trustees; all which said Mortgages or Assignments shall be made under the Common Seal of the said Company, and shall and may be in the Words or to the Effect following; (that is to say,)

"BY virtue of an Act passed in the Second Year of the Reign of King William the Fourth, intituled [here insert the Title of this Act], we, the Company of Proprietors of the said Railway or Tramroad, incorporated by and under the said Act, in consideration of the Sum of to us in hand paid [or as the Case may be] by of do assign unto the said his, her, or their Executors, Administrators, and Assigns, the said Railway, and all and singular the Rates arising and payable to and for the Use of the said Company by virtue of the said Act, and all the Estate, Right, Title, and Interest of us the said Company of Proprietors of, in, and to the same, to hold unto the said his, her, or their Executors, Administrators, and Assigns, until the said Sum of together with Interest for the same after the Rate of for every One hundred Pounds for a Year, shall be fully paid and satisfied. Given under our Common Seal, this Day of in the Year of our Lord One thousand eight hundred and ."

And all and every Person and Persons to whom such Mortgage or Assignment shall be made shall be equally entitled, one with the other, to his, her, or their Proportion or Proportions of the said Rates and Premises, according to the respective Sums in such Assignments mentioned to be advanced, without any Preference by reason of Priority of any such Assignments or on any other Account whatsoever; and a Memorial of every such Assignment, containing the Date, Name or Names of the Person or Persons to whom made, the Sum of Money borrowed, and Rate of Interest, shall be entered in a Book or Books to be kept by the Clerk to the said Company of Proprietors; which said Book or Books shall and may be perused at all seasonable Times by any of the Proprietors or Creditors of the said Railway or Tramroad, or other Persons interested therein, without Fee or Reward.

LX. And be it further enacted, That all and every Person and Persons to whom any such Mortgage or Mortgages, Assignment or Assignments, shall be made as aforesaid, or who shall be entitled to the Money due thereon, shall and may from Time to Time transfer his, her, or their Right or Interest therein to any other Person or Persons whomsoever; which Transfer shall and may be made in the Words or to the Effect following; (that is to say,)

"I [or We], of in consideration of the Sum of paid by of do hereby transfer a certain Mortgage made by the Company of Proprietors of the Festiniog Railway to bearing Date the Day of for securing the Sum of and Interest, and all my [or our] Right and Property therein, to the said his [or her or their] Executors, Administrators, and Assigns. Dated this Day of in the Year of our Lord One thousand eight hundred and ".

And every such Transfer shall, within Thirty Days after the Date E thereof, be produced to the Clerk to the said Company, who shall cause an Entry or Memorial to be made thereof in like Manner as of the original Mortgages or Assignments, for which the said Clerk shall be paid such Sum as the said Company shall appoint, not exceeding the Sum of Two Shillings and Sixpence; and after such Entry made every such Transfer shall entitle such Assignee or Assignees, his, her, or their Executors, Administrators, and Assigns, to the full Benefit thereof; and it shall not be in the Power of any Person or Persons who shall have made such Transfer to make void, release, or discharge the same, or any Sum or Sums of Money thereon due or thereby secured, or any Part thereof.

LXI. And be it further enacted, That the Interest of the Money which shall be borrowed by Mortgage as aforesaid shall be paid half-yearly to the several Persons entitled thereto, in preference to any Interest or Dividends due and payable by virtue of this Act to the said Proprietors or any of them, and shall from Time to Time be fully paid and discharged or provided for before the yearly or other Interest or Dividends due to the said Proprietors or any of them shall be made, paid, or divided and in case the same or any Part thereof shall be behind and unpaid for the Space of Five Days next after the same shall become due and payable as aforesaid, and after Demand thereof made, then it shall be lawful for any Two or more Justices of the Peace acting in and for the said respective Counties of Carnarvon or Merioneth, and they are hereby authorized and required, on Request to them made by any Mortgagee whose Interest shall be so in arrear, by any Order under their Hands, to appoint One or more Person or Persons to receive the whole or such Part or Parts of the said Rates or Duties as are or may be liable to pay such Interest so due and unpaid as aforesaid, and the Money so to be received by such Person or Persons is hereby declared to be so much Money received by or to the Use of such Person or Persons to whom such Interest shall be then due, until the same, together with the Costs and Charges of recovering and receiving the said Rates and Duties, shall be fully paid and satisfied; and after such Interest and Costs shall be paid and satisfied the Power and Authority of such Receiver or Receivers for the Purposes aforesaid shall cease and determine, or otherwise the Interest so due and unpaid as aforesaid shall be sued for and recovered, with Costs, by Action of Debt in any of His Majesty's Courts of Record at Westminster or elsewhere.

LXII. Provided always, and be it further enacted, That no Person to whom any such Mortgage or Assignment shall be made or transferred as aforesaid shall be deemed a Proprietor of any Share or Shares in the said Undertaking, or shall be capable of acting or voting as such, either as Principal or by Proxy, at any Meeting of the said Company, for or on account of his, her, or their having lent or advanced any Sum or Sums of Money on the Credit of such Assignment.

LXIII. And be it further enacted, That all the Money to be raised by the said Company by virtue of this Act shall be laid out and applied, in the first place, for and towards the Payment, Discharge, and Satisfaction of all Costs, Charges, and Expenses in applying for, obtaining, and passing this Act, and all other Expenses preparatory and relating thereto, and all the Residue and Remainder of such Money for and towards purchasing Lands and Grounds, making, completing, and maintaining the said Railway or Tramroad, Ways, Loading or Landing Places, Wharfs, Tunnels, Bridges, and other Works, and other the Purposes of this Act.

LXIV. And be it further enacted, That the said Company of Proprietors shall meet together at Tan-y-Bwlch Inn, or at some other convenient Place, within Two Calendar Months next after the passing of this Act, between the Hours of Ten and Three of the Clock, and shall then and there proceed in the Execution of this Act, and shall and may adjourn such Meeting from Time to Time and from Place to Place as they shall think fit; and from and after the said First General Meeting of the said Company of Proprietors there shall be a General Meeting of the said Company on the Second Tuesday in the Month of May in each and every Year, or within the Space of Ten Days next thereof, and also such and so many Special General Meetings of the said Proprietors as shall be called as herein-after provided; of which said General Meetings and Special General Meetings One public Notice at the least shall be given by Advertisement in some One or more Newspaper or Newspapers usually circulated in the Counties of Carnarvon or Merioneth, and which said Notice shall specify the Purpose for which any such Special General Meeting is called; and all such General Meetings and Special General Meetings may be adjourned from Time to Time and from Place to Place as shall be found expedient.

LXV. And be it further enacted, That at every General or Special General Meeting One of the Proprietors present shall be tie appointed Chairman, by whom all Acts, Resolutions, and Orders of at the said Meeting shall be signed; and such Chairman shall not only have a Vote or Votes as a Proprietor, but shall also, in case of an equal Division, have the decisive or casting Vote.

LXVI. And be it further enacted, That the said Company shall have full Power and Authority from Time to Time, at any such General or Special Meetings as aforesaid, to make such Rules, Orders, and Byelaws as to them shall seem right and proper for the good Government of the said Undertaking, and for regulating the Proceedings of their Director or Directors, and for the Regulation of all Officers, Workmen, and Servants to be employed in or about the Affairs of the said Company, and for the Superintendence and Management of the said Undertaking in all respects whatever, and from Time to Time to alter or repeal such Byelaws, Orders, and Regulations, or any of them, and to make others, and to impose and inflict such reasonable Fines and Forfeitures upon all Persons offending against the same, as to the major Part of such Meetings shall seem meet, not exceeding the Sum of Five Pounds for any One Offence, such Fines and Forfeitures to be levied and recovered by such Ways and Means as herein-after mentioned; which said Rules, Byelaws, and Orders, being reduced into Writing under the Common Seal of the said Company, and printed and published, and painted on Boards, shall be hung up and affixed on the Front of the several Toll Houses to be erected on the said Railway and Wharfs, and shall from Time to Time be renewed as often as the same or any Part thereof shall be obliterated, defaced, or destroyed; and such Rules, Byelaws, and Orders shall be binding upon and observed by all Parties, and shall be sufficient in any Court of Law or Equity to justify all Persons who shall act under the same, provided they be not repugnant to the Laws of that Part of the United Kingdom of Great Britain and Ireland called England, or to any Directions in this Act contained; and all such Rules, Byelaws, and Orders shall be subject to Appeal in manner herein-after mentioned.

LXVII And be it further enacted, That any General or Special General Meeting shall have full Power to call for, audit, and settle the Accounts of the said Company, and of the Director or Directors, and of the Treasurers, Receivers, or Collectors of the Rates, and other Officers of the said Company, and, pursuant to the Directions hereinafter contained, to fix the Tolls to be taken from Time to Time for the Conveyance of any Matters or Things in, over, or upon the said Railway or Tramroad, and to reduce and again to raise the said Tolls, and to fix the Rate of Carriage of small Parcels carried along the said Railway or Tramroad.

LXVIII. And be it further enacted, That Henry Archer shall be and he is hereby constituted and appointed the Director for managing the Affairs of the said Company.

LXIX. And be it further enacted, That the Director herein-before nominated, constituted, and appointed shall continue in Office and be a Member of the said Company until the next General Meeting of the said Company which shall be held in the Month of August in the Year of our Lord One thousand eight hundred and thirty-three, and until One or others shall be appointed in his or their Stead as herein-after mentioned; and at the General Meeting of the said Company which shall be held in the Month of August in the Year of our Lord One thousand eight hundred and thirty-three, and also at every succeeding General Meeting to be held in the Month of August in each Year, or at some Adjournment thereof respectively, a new Director or Directors shall be elected and appointed out of the Proprietors of Shares in the said Undertaking, for managing the Affairs of the said Company, who shall continue in his or their Office for the Space of One Year, to be computed from the Day of Election, or until others or another shall be duly elected into his or their or any of their Places; provided that nothing herein contained shall render the Director or any One of the Directors whose Office shall have expired ineligible to be elected a Director for the ensuing Year; provided also, that no Person holding any Office, Place, or Employment, or being concerned or interested in any Contract or Contracts under the said Company, shall be capable of being chosen to serve as any such Director; nor shall any Person, whilst he is a Director, be capable of taking or holding any Place of Profit, or entering into any Contract, under the said Company, their Director or Directors.

LXX. And be it further enacted, That when and so often as the Director or any of the Directors to be elected by virtue of this Act shall die, or shall cease to be a Proprietor of a Share in the said Undertaking, it shall be lawful for the said Directors, or for the remaining Directors (or for the said Company in the Case of One Director), to elect some other Proprietor to be a Director; and every such Proprietor so elected to fill any such Vacancy shall continue in Office as a Director so long as the Person in whose Place or Stead he was elected would have been entitled to have continued had he lived or been a Proprietor of a Share in the said Undertaking.

LXXI. And be it further enacted, That Five or more Proprietors of the said Company, holding in the aggregate Twenty-five Shares or upwards in the said Undertaking, may at any Time, by Writing under their Hands, left at the Office of the said Company, or given to the Director or any One of the said Directors, or left at his last or usual Place of Abode, require the Director or Directors to call a Special General Meeting, so as such Requisition fully express the Objects for which such Special General Meeting is required to be called; and in case of Neglect or Refusal of the said Company to call such Meeting for the Space of Ten Days after such Notice given as aforesaid, the same may be called by such Proprietors by giving Fourteen Days Notice thereof in One or more Newspaper or Newspapers usually circulated in the Counties of Carnarvon or Merioneth; and the said Company are hereby authorized to meet in pursuance of such Notice, and such of them as shall be present shall proceed to the Execution of the Powers by this Act given to the said Company with respect to the Matters so specified only; and all such Acts of the Proprietors, or the major Part of them met together at every such General Meeting, shall be as valid with respect to the Matters specified in such Notice as if the same had been done at a General Meeting at the Time herein-before appointed for holding the same.

LXXII. Provided always, and be it further enacted, That if at any General Meeting there shall not be Persons present who shall be possessed of or entitled to at least Fifty Shares, or Subscriptions of One thousand two hundred and fifty Pounds, or upwards, in the said Undertaking, either as Principals or Proxies, no Choice of Director or Directors, nor any Removal of any Director or Directors, nor any Election of any Person or Persons in the Room of such Director or Directors as shall die or decline to act, shall be made, nor shall any Byelaw, Rule, or Regulation be made or altered at that Time, but in that Case there shall be another Meeting of the said Company of Proprietors at the same Place at the Expiration of Fourteen Days; and if a sufficient Number of Proprietors as Principals or by Proxies shall not then attend the said General Meeting shall stand adjourned to that Day Two Weeks next following, and so from Time to Time as often as the same shall happen, until at any such General Meeting there shall be a sufficient Number of Proprietors as Principals or Proxies present, and such Choice, Removal, or new Appointment of any Director so before appointed shall then take place, and not before; and such Director or Directors so before appointed shall continue to act and have the same Powers as they had and were possessed of until a new Director or Directors shall be appointed as aforesaid.

LXXIII. And he it further enacted, That the said Company of Proprietors, or their Director or Directors, shall, immediately after the passing of this Act, or at their said First General Meeting, or at some Adjournment thereof, elect and choose a Treasurer and Clerk for transacting the Business of the said Company; and it shall be lawful for the said Company, at any subsequent General or Special Meeting to be holden as herein-before directed, from Time to Time to remove and displace such Treasurer and Clerk, or either of them, or any other Person or Persons who shall be hereafter elected and appointed to their respective Offices, and shall also from Time to Time elect, choose and appoint in manner aforesaid any other Person or Persons to act as Treasurer and Clerk of the said Company in the Room of such of the said Officers as shall happen to die or resign or be removed from their respective Offices; and it shall be lawful for the said Company to allow such Salaries or other Emoluments to the said Officers, or any of them, as at any such General or Special Meeting shall from Time to Time be fixed upon and determined: Provided always, that the said Company of Proprietors shall and they are hereby required to take sufficient Security from every Person who shall hereafter be appointed Treasurer of the said Company, for the faithful Execution of his Office, before he shall enter thereupon.

LXXIV. Provided always, and be it further enacted, That it shall not be lawful for the said Company of Proprietors to appoint the Person who may be appointed to act as their Clerk in the Execution of this Act, or the Partner of any such Clerk, or the Clerk of or other Person in the Service or Employ of any such Clerk or of his Partner, the Treasurer for the Purposes of this Act, or to appoint the Person who may be appointed Treasurer, or the Partner of any such Treasurer, or the Clerk or other Person in the Service or Employ of any such Treasurer or of his Partner, the Clerk to the said Company; and if any Person shall act in both the Capacities of Clerk and Treasurer for the Purposes of this Act, or if any Person, being the Partner of any such Clerk, or the Clerk of or other Person in the Service or Employ of such Clerk or of his Partner, shall act as Treasurer, or shall act as Deputy of the Treasurer, or in any Manner officiate for the Treasurer, or being the Partner of any such Treasurer, or the Clerk or other Person in the Service or Employ of any such Treasurer or of his Partner, shall act as Clerk in the Execution of this Act, or shall act as Deputy of such Clerk, or in any Manner officiate for such Clerk, or if any Treasurer shall hold any Place of Profit or Trust under the said Company other than that of Treasurer, every Person so offending shall for every such Offence forfeit and pay the Sum of One hundred Pounds to any Person who shall sue for the same, to be recovered, together with full Costs of Suit, in any of His Majesty's Courts of Record at Westminster, by Action of Debt or on the Case, or by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager of Law, nor more than One Imparlance, shall be allowed.

LXXV. And be it further enacted, That every Officer and Person who shall be appointed or employed by virtue of this Act shall from Time to Time, when thereunto required by the said Company by Writing under their Hands, make out and deliver to the said Company, or to such Person or Persons as they shall for that Purpose appoint, a true and perfect Account, in Writing under his or her Hand, of all Monies which shall have been by him or her had, collected, or received, and how and to whom and for what Purpose the same and every Part thereof hath or have been disposed of, together with Vouchers and Receipts for such Payments; and every such Officer or Person shall and is hereby required to pay all such Monies as upon the Balance of every such Account shall appear to be owing from him or her, to such Person or Persons as the said Company shall appoint to receive the same; and if any such Officer or Person shall refuse or neglect to render and deliver such Account, or to produce and deliver up the Vouchers and Receipts relating to the same, or to pay the Balance thereof when thereunto required in manner aforesaid, or shall refuse or neglect to deliver up to the said Company, or to such Person or Persons as they shall appoint, within Seven Days after being thereunto required by the said Company, or by such other Person or Persons, all Books, Papers, and Writings in his or her Custody or Power relating to the Execution of this Act, then and in every such Case, Complaint being made thereof by any of the said Company, or by any Person on their Behalf, to any Justice of the Peace for the County in which the Cause of Complaint shall arise, such Justice may and he is hereby authorized and required by Warrant under his Hand and Seal to cause such Officer or Person to be brought before him, and upon his or her not appearing, or not being to be found, to hear and determine the Matter of such Complaint in a summary Way, and to settle the said Account, if produced, in such Manner as the said Company might have done; and if upon the Confession of the Officer or Person against whom such Complaint shall be made, or by the Oath of any credible Witness, it shall appear to such Justice that any of the Monies which shall have been collected or received shall be in the Hands of or be owing from such Officer or Person, such Justice may and he is hereby empowered, upon Nonpayment thereof, by Warrant under his Hand and Seal to cause such Money to be levied by Distress and Sale of the Goods and Chattels of such Officer or Person; and if no Goods or Chattels shall be found sufficient to answer such Distress and of selling the same, or if such Officer or Person shall not appear before such Justice at the Time and Place appointed for that Purpose, or, if appearing, shall refuse or neglect to make out and deliver to such Justice such Account in Writing as aforesaid, or to produce and deliver to the said Justice the several Vouchers and Receipts relating to such Accounts, or to deliver up such Books, Papers, and Writings as aforesaid, then and in any of the Cases aforesaid the said Justice may and he is hereby authorized and required by Warrant under his Hand to commit such Officer or Person to the Common Gaol or House of Correction of the County in which such Offence shall be committed, there to remain without Bail or Mainprise until he or she shall have delivered up the Vouchers and Receipts relating thereto, and shall have paid all the Money which shall appear to be in the Hands of or owing from him or her, and the reasonable Charges of such Distress and Sale (if any) as shall in that respect have been made, or until he or she shall have compounded with the said Company for such Money and Charges, and paid the Composition Money to the said Company (and which Composition the said .Company are hereby empowered to make), and shall have delivered up all such Books, Papers, and Writings as aforesaid, or have given Satisfaction in respect thereof to the said Company: Provided always, that no Person who shall be committed for Want of sufficient Distress shall be detained in Prison for any longer Space of Time than Six Calendar Months.

LXXVI. And be it further enacted, That the Director or Directors for the Time. being .shall have the Custody of the Common Seal. of the said Company, and to direct the same to be affixed to any Contract or Contracts, Instrument or Instruments, and shall have full Power and Authority to meet and adjourn from Time to Time and from Place to Place, and also at any Time to call Special General Meetings of .the said Company for any Purpose he or they may think proper, and to appoint the Times and Places of holding such Special General Meetings; and at all Meetings of the said Directors One of the Members present shall be appointed Chairman; and all Questions, Matters, and Things which shall be proposed, discussed, or considered at such Meetings shall be finally determined by the Majority of Votes then present (the whole Number present not being in any Case less than Three); and such Director or Directors shall have full Power and Authority to direct and manage all and every the Affairs of the said Company, as well in contracting for and purchasing Messuages, Tenements, or other Hereditaments, and Materials for the Use of the said Undertaking, as in employing, ordering, and directing the Works and Workmen, and in nominating, appointing, electing, placing, or displacing any Officer, Engineer, Agent, Servant, and Workmen of the said Company, (except the Treasurer or Treasurers and Clerks herein-before directed to be appointed by a General Meeting of the said Company,) with such Salary, Gratuity, or Recompence as to the said Director or Directors shall seem proper, and in making all Contracts and Bargains touching the said Undertaking; and the said Director or Directors may require such Security to be given to the said Company of Proprietors, from any Officer or Officers (not being a Treasurer or Clerk of the said Company) or other Person, for the faithful Execution of their respective Duties, as he or they may think proper or reasonable; and no Director (although he may be a Proprietor of many Shares in the said Undertaking) shall have more than One Vote in any Meeting of the said Directors, except the Chairman, who in case of any equal Division shall always have a Second or casting Vote, although he shall have given One Vote before; and the said Director or Directors shall keep or cause to be kept a regular Minute and Entry of his or their Proceedings to the said Stated General Meetings, and if required to the Special General Meetings of the Proprietors, and shall obey their Orders and Directions; and the said Director or Directors shall keep or cause to be kept a full and true Account of all Monies disbursed and Payments made by the said Director or Directors, and by all and every Person and Persons employed by or under him or them, and of all and every such Sum and Sums of Money which he or they shall receive, in behalf of or in respect of such Undertaking, from any Collector or Collectors of the said Rates, or other Officer or Officers, or from any other Person or Persons whomsoever employed in or having any Concerns, Dealings, or Transactions with the said Undertaking, or in or with any Part or Parts thereof, and shall regularly write, insert, and enter, or cause to be written, inserted, and entered, in a Book or Books to be from Time to Time provided at the Expense of the said Company for that Purpose, Notes, Minutes, or Copies (as the Case may require) of every such Contract, Bargain, Receipt, and Disbursement, and of other their Orders and Proceedings; which Book or Books shall be deposited with and kept locked up under the Care and Direction of the said Director or Directors: Provided always, that every Proprietor shall have free Access thereto for his or their Inspection, without paying anything for the same.

LXXVII. And be it further enacted, That the Orders and Proceedings of every Meeting, as well of the General and Special General Meeting of the Company as of the Director or Directors, shall be entered in a Book or Books to be provided and kept for that Purpose, and shall be signed by the Chairman of such respective Meetings; and such Orders and Proceedings, when so entered and signed, shall be deemed and taken to be original Orders and Proceedings, and shall be allowed to be read in Evidence in all Courts, and before all Judges, Justices, and others.

LXXVIII. Provided always, and be it further enacted, That all Notices herein directed to be given of any General or Special Meetings of Proprietors, or of any Adjournment thereof respectively, or to any of the said Proprietors, and not herein otherwise provided for, shall be given by Advertisement to be inserted in some One Newspaper usually printed or circulated in the Counties of Carnarvon or Merioneth, or by Letters from the Clerk of the said Company, sent by the Post to or left with-some Inmate at the usual Place of Abode of the Proprietors respectively; and such Notice, when so published or given, shall be deemed and considered the same as personal Notices.

LXXIX. And be it further enacted, That the Clerk of the said Company shall, in a proper Book or Books to be provided by the said Company for that Purpose, enter and keep a perfect and true Account of the Names and Places of Abode of the several Proprietors of the said Undertaking, and of the several Persons who shall from Time to Time become Owners and Proprietors of or entitled to any Share or Shares therein, and of all Acts, Proceedings, and Transactions of the said Company and Director or Directors respectively; and every Proprietor of the said Undertaking shall and may at all convenient Times have recourse to and peruse and inspect the same gratis, and may demand and have Copies thereof or any Part thereof, paying after the Rate of Sixpence for every One hundred Words so to be copied; and if any such Clerk to the said Company shall refuse to permit any Proprietor to inspect or peruse any such Book or Books of Proceedings at all convenient Times and Seasons, or refuse to make any such Copy or Copies in a reasonable Time, at the Rate or Price aforesaid, he shall for every such Offence forfeit and pay the Sum of Five Pounds for the Benefit of the said Undertaking,

LXXX. And be it further enacted, That the said Company or their Director or Directors shall and he or they is and are hereby required, from Time to Time and at all Times, to order and direct a Book or Books to be provided and kept by their Treasurer for the Time being, in which Book or Books such Treasurer shall enter or cause to be entered a true and regular Account of all Sums of Money received, paid, laid out, and expended for or on account of this Act, and of the several Articles, Matters, and Things for which such Sums of Money shall have been disbursed, laid out, and paid; and such Book or Books shall at all reasonable Times be open to the Inspection of the Proprietors of the said Company, or any Creditor or Creditors on the Tolls to be collected and taken by virtue of this Act, without Fee or Reward; and the said Proprietors, or any Creditor or Creditors on the Tolls collected and taken by virtue of this Act, shall or may take Copies of or Extracts from the said Book or Books, or any Part or Parts thereof, without paying anything for the same; and in case the said Treasurer shall refuse to permit or shall not permit any of the said Proprietors or any such Creditor to inspect any such Book or Books, or to take such Copies or Extracts as aforesaid, such Treasurer shall forfeit and pay any Sum not exceeding Five Pounds, to be levied and applied in the same Manner as other Penalties are hereby directed to be levied and applied.

LXXXI. And be it further enacted, That in case any such Treasurer or Clerk shall die, be removed from or quit the Service of the said Company, it shall be lawful for the said Company, at their said Stated or Special General Meetings, or for the Director or Directors of the said Proprietors, to appoint any other fit Person or Persons to execute such Office or Offices in the Place of the Person or Persons who shall so die, be removed from or quit the Service of the said Proprietors; but in case any such new Appointment be made by the said Director or Directors, the same shall only continue until the next Stated or Special General Meeting of the said Proprietors, when the Appointment of such Person or Persons to such respective Office or Offices shall either be confirmed, or such other fit Person or Persons appointed to succeed to such Office or Offices as the said Proprietors at such Stated or Special General Meeting shall think proper; all which Acts of the said Director or Directors shall be conclusive, unless revoked by the General Meeting holden next after such Acts as aforesaid.

LXXXII. And be it further enacted, That the said Director or Directors shall have Power from Time to Time to make such Call or Calls of Money from the Subscribers to and Proprietors of the said Undertaking, to defray the Expenses of or to carry on the same, as they from Time to Time shall find wanting and necessary for those Purposes, so that no such Call shall exceed the Sum of Ten Pounds upon each Share which any Person or Persons shall or may be possessed of or entitled unto in the said Undertaking; and such Calls shall not be made but at the Distance of Two Calendar Months at the least from each other, and Fourteen Days Notice at the least shall be given of all such Calls as aforesaid by Advertisement in some One or more Newspaper or Newspapers usually circulated in the said Counties of Carnarvon or Merioneth- which Monies so called for shall be paid to such Person and Persons and in such Manner as the Director or Directors shall from Time to Time appoint and direct for the Use of the said Undertaking; and every Owner or Owners of any Share or Shares in the said Undertaking shall pay his, her, or their rateable Proportions of the Monies to be called for as aforesaid to such Person or Persons and at such Time and Place as the said Director or Directors shall from Time to Time direct and appoint; and if any Person or Persons shall refuse or neglect to pay his, her, or their rateable or proportionable Part or Share of the said Money so called for as aforesaid, at the Time and Place to be appointed as aforesaid, it shall be lawful for the said Company to sue for and recover the same in any of His Majesty's Court of Record, by Action of Debt or on the Case, or by Bill, Suit, or Information, wherein no Essoign, Wager, or Protection of Law, or more than One Imparlance, shall be allowed; and the said Company may and they are hereby authorized, at a General Meeting, to declare the Shares belonging to any Person refusing or neglecting to pay any such Calls in manner aforesaid to be forfeited to and for the Use of the said Undertaking; and all such Forfeitures shall be sold at a public Sale by the said Company for the most Money that can be gotten for the same: Provided, nevertheless, that no Advantage shall be taken of any Forfeiture of any Share or Shares in the said Undertaking until Notice in Writing under the Hand of the Clerk or Treasurer of the said Company shall have been given or sent by the Post to or left at the last known or usual Place or Places of Abode of the Owner or Owners of such Share or Shares respectively, nor until the said Share or Shares shall have been declared to be forfeited at some Stated or General Special Meeting of the said Company which shall be held after the End of Three Calendar Months from the Day on which such Notice of Forfeiture shall have been given.

LXXXIII. Provided always, and be it further enacted, That in case the Money produced by the Sale of any Share or Shares shall be more than sufficient to pay all such Arrears of Call as aforesaid, and lawful Interest thereon, with the Expenses attending such Sale or Sales, the Surplus of such Money shall be paid on Demand, to the Person or Persons to whom such Share or Shares shall have belonged, but the said Company shall not sell or transfer, or direct to be sold or transferred, any more of such Share or Shares of such Defaulter or Defaulters than shall be sufficient as near as may be at the Time of such Call to pay the Arrears due from such Defaulter or Defaulters for or on account of such Call or Calls, and the Interest and Expenses attending the same; and from and after the Payment of all such Calls, and the Interest and Expenses as aforesaid, any Share or Shares so vested in such Company as aforesaid which shall remain in their Hands unsold shall revert to and again become the Property of the Person or Persons to whom such Share or Shares shall have belonged immediately before such Forfeiture as aforesaid, in such Manner as if such Calls had been duly and regularly paid.

LXXXIV. And be it further enacted, That in any Action to be brought by the said Company against any Owner or Owners of any Share or Shares in the said Undertaking, to recover any Sum or Sums of Money due and payable to the said Company for or by reason of any Call or Calls made by virtue of this Act, it shall be sufficient for the said Company to declare and allege that the Defendant or Defendants, being a Proprietor or Proprietors of such or so many Share or Shares in the said Undertaking, is or are indebted to the said Company in such Sum or Sums of Money as the Call or Calls in arrear shall amount to, for such or so many Call or Calls of such or so many Sum or Sums of Money upon such or so many Share or Shares belonging to the said Defendant or Defendants (as the Case may happen to be), whereby an Action hath accrued to the said Company by virtue of this Act, without setting forth the special Matter; and on the Trial of such Action it shall only be necessary to prove that the Defendant or Defendants, at the Time of making such Call or Calls, was or were a Proprietor or Proprietors of some Share or Shares in the said Undertaking, and that such Call or Calls was or were in fact made, and that such Notice thereof was given as is directed by this Act, without proving the Appointment of the Director or Directors who made such Call or Calls, or any other Matter whatsoever; and the said Company shall thereupon be entitled to recover what shall appear to be due, unless it shall appear that any such Call exceeded Twenty Pounds for every Sum of One hundred Pounds, or was made within the Distance of One Calendar Month from the last preceding Call, or without Notice given in any Newspaper as aforesaid.

LXXXV. And whereas in Cases where the original Holder or Proprietor or Holders or Proprietors of One or more Share or Shares in the said Undertaking shall become insolvent or bankrupt, or go out of the Kingdom, or shall transfer his, her, or their Right and Interest to some other Person or Persons, and no Register shall have been made of the Transfer thereof with the Clerk of the said Company, it may not be in the Power of any Officer acting for the said Company to ascertain who is or are the Owner or Proprietor or Owners or Proprietors of such Share or Shares, in order to give him, her, or them, or his, her, or their Executors, Administrators, Successors, or Assigns, Notice or Notices of Calls to be made on such Share or Shares, or to maintain any Action or Actions, Suit or other Proceedings against him, her, or them, or his, her, or their Executors, Administrators, Successors, or Assigns, for the Recovery of the same: Be it therefore further enacted, That in all the Cases aforesaid where the Right of Property in any Share or Shares in the said Undertaking shall pass from the original Subscriber or Subscribers, or any Proprietor or Proprietors thereof, to any other Person or Persons, by any other legal Means than by a Transfer and Conveyance thereof in the Form and Manner herein specified, or herein otherwise provided, an Affidavit shall be made and sworn to by Two credible Persons before One of His Majesty's Justices of the Peace, stating the Manner in which such Share or Shares hath or have passed to such other Person or Persons, his, her, or their Executors, Administrators, Successors, or Assigns; and such Affidavit shall be delivered to and left with the Clerk to the said Company, to the Intent that he may preserve the same, and enter and register the Name or Names of every such other Proprietor or Proprietors in the Register Book or List of Subscribers and Proprietors of the said Undertaking to be kept in the Office of the said Company; and in all or any of the said Cases, after Thirty Days Notice in Writing shall have been given by the said Director or Directors, under the Hand of the Clerk or Treasurer of the said Company, to the Person or Persons stating or claiming such Affidavit to be the Owner or Owners of such Share or shares, or left at his, her, or their last or usual Place of Abode, to pay his, her, or their Proportion of Money so to be called for, and such Person or Persons, his, her, or their Executors, Administrators, Successors, or Assigns, shall not have paid such his, her, or their Proportions as aforesaid, it shall be lawful for the said Subscribers and Proprietors, at any General Meeting or Special General Meeting after the Expiration of such Notice, to declare the same Share or Shares to be forfeited; and in such Case the same shall become forfeited, and shall and may be sold and disposed of in such Manner as any other forfeited Share or Shares is or are by this Act directed to be sold and disposed of.

LXXXVI. Provided also, and be it further enacted, That no Proprietor in arrear for any Call shall at any Meeting be allowed to vote or give his Voice in the Agitation of any Question respecting the Concerns of the said Company, either personally or by Proxy, until such Time as he shall have paid all such Arrears as may be due from him in respect of such Calls.

LXXXVII. And be it further enacted, That such Director or Directors shall keep or cause to be kept a regular Minute or Entry of their Proceedings, and from Time to Time make Reports to and be subject to the Examination and Control of the said General and Special Meetings of the said Proprietors as aforesaid, and shall pay due Obedience to all such Orders and Directions in and about the Premises as shall from Time to Time be made by the said Proprietors at any such General or Special Meeting, such Orders and Directions not being contrary to any express Directions or Provisions in this Act contained.

LXXXVIII. And be it further enacted, That it shall be lawful for the said Directors to nominate and appoint out of their own Body One or more Sub-Director or Sub-Directors, who shall have full Power and Authority to enter into and make any such Contracts or Agreements on behalf of the said Company as aforesaid, and to hire and employ any Agents, Workmen, or Servants in and about the said Undertaking, and to do, execute, and perform all other Matters and Things whatsoever in and about the said Undertaking which the said Directors are themselves herein-before authorized to do, or such of them as the said Directors shall think proper to entrust to the Care and Management of any such Sub-Director or Sub-Directors (save and except, nevertheless, the making of Calls for Money upon the Proprietors of the said Undertaking); and it shall be lawful for the said Directors for the Time being to order and direct such Compensation or Satisfaction to be made to the Sub-Director or Sub-Directors from Time to Time as they shall think reasonable; and it shall be lawful for the said Directors, by an Order or Resolution for that Purpose, to break up and dissolve any such Sub-Director or Sub-Directors, or to remove and displace any Member or Members thereof, and to appoint some other or others in his or their Place and Stead, when and as often as such Directors shall think proper and expedient; and such Sub-Directors shall have full Power and Authority to meet from Time to Time, and adjourn from Place to Place, as they shall think proper, and as Occasion shall require, for effectuating the Purposes aforesaid; and all Powers and Authorities hereby vested or which shall by the said Directors be vested in any such Sub-Director or Sub-Directors, within the Intent and Meaning of this Act, shall and may be exercised by the major Part of the Members present at their respective Meetings; and at all Meetings of such Sub-Directors respectively One of the Members present shall be appointed President or Chairman, and all Questions shall be decided by the Majority of Votes, and the President or Chairman shall have the casting Vote in case of an equal Division, although he may have given One Vote before: Provided always, that no Person whilst he is a Director shall be capable of taking or holding any Place of Profit or of entering into any Contract under the said Company or their Directors.

LXXXIX. And be it further enacted, That it shall be lawful for the several Proprietors of any Share or Shares in the said Undertaking, and his, her, or their respective Executors or Administrators to sell and dispose of any Share or Shares to which he, she, or they shall be entitled therein, subject to the Rules and Conditions herein mentioned and provided; and the Form of Conveyance of Shares may be in the following Words or to the like Effect, varying the Names and Descriptions of the contracting Parties as the Case may require; (that is to say,)

"I of in consideration of Pounds paid to me by do hereby bargain, sell, assign, and transfer to the said Share [or Shares, as the Case may be,] numbered of and in the Undertaking called the Festiniog Railway Company, to hold unto the said his Executors, Administrators, and Assigns, subject to the same Rules, Orders, and Regulations, and on the same Conditions, as I held the same immediately before the Execution hereof; and I the said do hereby agree to accept and take the said Share [or Shares], subject to the same Rules, Orders, Restrictions, and Conditions. As witness our Hands and Seals, the Day of "

And on every such Sale the said Deed or Conveyance, being executed by the Seller or Sellers, and the Purchaser or Purchasers, for his, her, or their Security, after the Clerk to the said Company shall have entered in a proper Book to be kept for that Purpose a Memorial of such Transfer and Sale for the Use of the said Company, and have testified and endorsed the Entry of such Memorial on the said Deed of Sale or Transfer, for which no more than Two Shillings and Sixpence shall be paid; and the said Clerk is hereby required to make such Entry or Memorial accordingly; and until such Memorial shall have been made and entered as above directed such Purchaser or Purchasers shall have no Part or Share of the Profits of the said Undertaking, nor any Interest for such Share or Shares paid to him, her, or them, nor any Vote or Votes in respect thereof as a Proprietor or Proprietors of or in the said Undertaking.

XC. And be it further enacted, That no Person or Persons shall sell or transfer any Share or Shares which he, she, or they shall possess in the said Undertaking after any Call shall have been made by the said Director or Directors for any Sum or Sums of Money in respect of such Share or Shares, unless he, she, or they, at the Time of such Sale or Transfer, shall have paid or discharged to the Treasurer of the said Company, or to such Person or Persons as the said Director or Directors shall appoint to receive the same, the whole and entire Sum of Money which shall have been called for in respect of each Share so sold or transferred.

XCI. And be it further enacted, That wherever Two or more Persons shall be jointly possessed of or entitled to any Share or Shares in the said Undertaking, the Person whose Name shall stand first in the Books of the said Company as Proprietor of such Share or Shares shall, for the Purposes of this Act, be deemed and taken to be the Owner or Proprietor of such Share or Shares, and all Notices hereby required to be given to the Owner or Proprietor of any Share or Shares in the said Company shall and may be given or sent to such Person whose Name shall so stand first in the Books of the said Company, and such Notice to such Person shall be deemed and taken to he a sufficient Notice to all the Owners or Proprietors of such Share or Shares for all the Purposes for which such Notice is intended to be given, and such Owners or Proprietors shall be entitled to give their Vote or Votes in respect thereof by the Person whose Name shall stand first in the Books of the said Company as Proprietor of such Share or Shares, and whose Vote shall, either in Person or by Proxy, on all Occasions be deemed and allowed to be the Vote for or in respect of the whole Property in such Share or Shares, without Proof of the Concurrence of the other Proprietor or Proprietors of such Share or Shares.

XCII. And be it further enacted, That in case any Proprietor or Proprietors entitled to vote at any such Meetings as aforesaid shall be a Lunatic or Lunatics, Idiot or Idiots, or a Minor or Minors, such Lunatic or Lunatics or Idiot or Idiots shall or may vote at such Meeting or Meetings by his, her, or their Committee or any One of such Committee, and such Minor or Minors shall and may vote by his, her, or their Guardians or any One of such Guardians, provided that such Committee or Guardian may also vote in right of his own Shares as well as in the Character of the Committee of any Lunatic or Lunatics, Idiot or Idiots, or of the Guardian of any Minor or Minors, on the same Occasion.

XCIII. And be it further enacted, That the said Company of Proprietors, or their Director or Directors, shall and are hereby required, from and after the Time at which the several Sums of Money raised and contributed for the Purposes of this Act shall have been wholly paid off in manner herein mentioned, to cause a true, exact, and particular Account to be kept, and annually made up and balanced on the First Day of August in each Year, of the Money collected or received by the said Company, or their Director or Directors or otherwise, for the Use of the said Company, by virtue of this Act, and of the Charges and Expenses attending the creating, making, supporting, maintaining, and carrying on the said Works, and of all other the Receipts and Expenditure of the said Company or their Director or Directors; and at the General Yearly Meeting of the Proprietors of the said Undertaking to be from Time to Time holden as aforesaid, or at some Adjournment thereof, a Dividend shall be made out of the clear Profits of the said Undertaking, unless such Yearly Meeting shall declare otherwise; and such Dividend or Dividends shall be at and after the Rate of so much per Centum upon the several Sums invested by the Members thereof in the Joint Stock of the said Company as such Meeting or Meetings shall think fit to appoint or determine: Provided always, that no Dividend shall be declared and paid until the General Yearly Meeting which shall be holden next after the Expiration of Six Calendar Months from the passing of this Act; provided also, that no Dividend shall be made whereby the Capital of the said Company shall be in any Degree reduced or impaired, nor shall any Dividend be paid in respect of any Share or Shares, after a Day appointed for Payment of any Call for Money in respect thereof, until such Call shall have been paid.

XCIV. Provided always, and be it further enacted, That, notwithstanding anything herein-before contained, it shall be lawful for the Director or Directors, and he and they is and are hereby authorized and empowered, to declare One or more Dividend or Dividends at such intermediate Time or Times between the said Annual Meetings as the said Director or Directors shall think fit.

XCV. And whereas by the Marriage or Death of Proprietors of Shares in the said Undertaking it may be difficult to ascertain to whom the Dividends arising or becoming due upon such Share ought to be paid or may belong: Be it therefore further enacted, That before any Person or Persons who shall claim any Part of the Profits of the said Undertaking in right of Marriage shall be entitled to receive the same, or be entitled to vote in respect of any Share, an Affidavit, or solemn Affirmation by any Person of the Society of Quakers, in Writing, containing a Copy of the Register of such Marriage or other Particulars of the Celebration thereof, shall be made and sworn to or solemnly affirmed by some credible Person before a Master or Master Extraordinary in Chancery or One of His Majesty's Justices of the Peace, and shall be transmitted to the Clerk of the said Company, who shall file the same, and make an Entry thereof in the Book or Books which shall be kept by the said Clerk for the Entry of Transfers or Sales of Shares in the said Railway; and before any by Person or Persons who shall claim any Part of the Profits of the said Undertaking by virtue of any Bequest or Will, or in the Course of Administration, shall be entitled to receive the same, or be entitled to vote in respect of any Shares, the said Will or the Probate thereof shall be produced and shown to the said Clerk, or a Copy of so much of such Will or Probate thereof as shall relate to the Share or Shares of the Testator or Intestate shall be made and sworn to or solemnly affirmed to by the Executor or Executors of the said Will, or the Administrator or Administrators of the Intestate, before a Master or Master Extraordinary in Chancery or any One of His Majesty's Justices of the Peace as aforesaid, and also be transmitted to the said Clerk, who shall file and enter the same as herein-before mentioned; and in all Cases other than herein-before mentioned, when the Right and Property of any Share or Shares in the said Railway shall pass from one original Proprietor or Proprietors thereof to any other Person or Persons by any other legal Means than by a Transfer and Conveyance thereof, as herein directed, an Affidavit or solemn Affirmation in Writing shall be made and sworn to or solemnly affirmed to by One or more credible Person or Persons before a Master or Master Extraordinary in Chancery, or any One of His Majesty's Justices of the Peace as aforesaid, stating the Manner in which such Share or Shares hath or have passed to such other Person or Persons; and such Affidavit or solemn Affirmation shall be transmitted to the Clerk of the said Company, who shall thereupon enter and register the Name or Names of every such new Proprietor or Proprietors in the Register Book or List of Proprietors of the said Company; and the Clerk of the said Company shall be entitled to receive for each and every such Entries as herein-before directed the Sum of Two Shillings and Sixpence and no more.

XCVI. And be it further enacted, That the Receipt or Receipts Re of the Person or any One of the Persons in whose Name or Names any Share or Shares in the said Undertaking shall stand in the Books of the said Company shall from Time to Time be a sufficient Discharge to the Treasurer or Treasurers for the Time being of the said Company, for any Dividend or Dividends, Sum or Sums of Money, which shall become due and payable and be paid for or in respect of such Share or Shares, notwithstanding any Uses, Trusts, Interests, or Purposes upon or to which such Share or Shares shall be then settled, conveyed, or assigned.

XCVII. And be it further enacted, That in all Cases where Money shall be payable, under the Provisions of this Act, to any Proprietor in the said Undertaking who shall be a Minor under the Age of Twenty-one Years, the Receipt of the Parent or Guardian for the Time being of such Minor shall be a sufficient Discharge to the said Company and their Treasurer for the same.

XCVIII. And in consideration of the great Charges and Expenses which the said Company must necessarily incur and sustain in making and maintaining the said Railway or Tramroad, Railways or Tram-roads, and other the Works hereby authorized to be made and maintained, be it further enacted, That it shall be lawful for the said Company, from Time to Time and at all Times hereafter, to ask, demand, take, recover, and receive, or cause to be asked, demanded, taken, recovered, and received, to and for the Use and Benefit of the said Company, for the Tonnage and Carriage of all Slates or Slate Stones which shall be carried or conveyed upon or along the said Railway or Tramroad, Railways or Tramroads, or upon or along any Part thereof respectively, (which Carriage the said Company are hereby directed and required to find and provide at their own Expense, Costs, and Charges,) the Rate, Toll, and Duty herein-after mentioned; (that is to say,) for all Slates, Slate Stones, and Blocks of Slates, such Sum as the said Company at any General Meeting of the said Company as herein-before is directed shall from Time to Time direct or appoint, not exceeding the Sum of Sixpence Halfpenny per Ton per Mile; and for the Tonnage of all Tiles, Tile Stones, Copper, Tin, Lead, Iron, and other Ores, and for all Coals, Coke, Culm, Cinders, Chalk, Marie, Earth, Clay, Stone, Bricks, Lime, Sand, Timber, Corn, Grain, Flour, and all other Commodities, Goods, Wares, Merchandise, Articles, Matters, and Things, except as herein-after mentioned, such Sum as the said Company at any General Meeting of the said Company to be held as herein-before is directed shall from Time to Time direct or appoint, not exceeding the Sum of Sevenpence per Ton per Mile; and for every Ton that may be conveyed or carried upon the said Railway or Tramroad, Railways or Tramroads, within Two Years and Six Months from the passing of this Act, a further and additional Sum not exceeding Twopence per Ton per Mile.

XCIX. And be it further enacted, That in all Cases where there shall be a Fraction of a Ton a Proportion of the same Rates shall be demanded and taken for such Fraction according to the Number of Quarters of a Ton contained in such Fraction, and when there shall be a Fraction of a Quarter of a Ton such Fraction shall be deemed and considered as a whole Quarter of a Ton; and in all Cases where there shall be a Fraction of a Mile in the Distance which any Waggon, Cart, or other Carriage shall pass upon the said Railway or Tramroad, Railways or Tramroads, the Tonnage which shall be demanded and taken shall be after the Rate of the Number of Quarters of a Mile which the said Waggon, Cart, or other Carriage shall have passed, and when there shall be a Fraction of a Quarter of a Mile such Fraction shall be deemed and considered as a Quarter of a Mile; and in order to ascertain and calculate with greater Precision and Facility the Distance for which Tonnage shall be demanded and taken upon the said Railway or Tramroad, Railways or Tramroads, the said Company shall cause the said Railway or Tramroad, Railways or Tramroads, to be measured, and Stones or other conspicuous Marks to be set up and for ever maintained at the Distance of One Quarter of a Mile from each other, with proper Inscriptions; and whenever any Waggon shall have passed One or more of such Stones or Marks, or the Place where the same shall have been set up, such Waggon shall be deemed to have passed One or more Quarters of a Mile along the said Railway or Tramroad, Railways or Tramroads, and Tonnage and Carriage for such Distance shall be due and payable, although the Distance actually travelled be more or less than is thus computed: Provided always, that where any Waggon shall come into the said Railway or Tramroad, Railways or Tramroads, between any Two such Stones or Marks, Tonnage and Carriage shall not be due and payable for the Distance which shall be travelled up to the first Stone or Mark which shall be passed by any such Waggon unless the Point where such Waggon shall enter upon the said Railway or Tramroad, Railways or Tramroads, shall be more than One hundred and fifty Yards from such Stone or Mark: Provided also, that it shall not be lawful for the said Company to demand or take, or cause to be demanded or taken, for such Carriage, any Rates for or in respect of Goods, Wares, or Merchandise or other Things, but for and during such Time as such Stones so set up as aforesaid shall remain and continue as aforesaid,

C. Provided always, and be it further enacted, That One Moiety or Half Part only of the Rate, Toll, or Duty hereinbefore mentioned shall from Time to Time be payable, taken, or collected for all such Lime, Lime Stones, Dung, Compost, or Manure as shall be carried or conveyed upon or along the said Railway or Tramroad by and for the Use of the said William John Bankes, his Heirs or Assigns, or the Tenants or Occupiers of his Estate, Lands, and Grounds, situate in the Parishes of Festiniog and Maentwrog in the County of Merioneth.

CI. And be it further enacted, That it shall be lawful for the said Company, at any General Meeting of the said Company to be held as is hereinbefore directed, from Time to Time and as often as they shall think fit, to lessen or reduce all or any of the Rates, Tolls, and Duties hereinbefore by this Act authorized to be taken for or in respect of the Tonnage and Carriage of all or any other of the Articles or Things hereinbefore specified or mentioned which shall be conveyed upon the said Railway or Tramroad, Railways or Tramroads, such Reduction of Tonnage and Carriage to apply to the whole Length of the said Railway or Tramroad, Railways or Tramroad: and afterwards from Time to Time again to raise, advance, and vary the same Tolls and Duties so as not at any Time to exceed the Amount hereinbefore set forth and authorized to be collected.

CII. And be it further enacted, That after any Toll Gate shall be erected by virtue of this Act the said Company or their said Director or Directors shall and they are hereby required to put up or cause to be put up, and afterwards to be continued, at every such Toll Gate, a Table, printed in distinct and legible Black Letters on a Board with a White Ground, containing at the Top thereof the Name of the Gate at which the same shall be put up, and also the Rate of Tonnage and Carriage payable at every such Gate, and to renew such Board when ever any of the Letters or Figures thereof shall be worn out, defaced, or obliterated: Provided always, that it shall not be lawful for the said Company to demand or take or cause to be demanded or taken any Rates for or in respect of the Carnage and Conveyance of any Goods, Wares, or Merchandise, or other Things, but for and during such Time as the Board so painted as aforesaid shall remain affixed at such Toll Gate.

CIII. And be it further enacted, That every Toll Collector shall and he is hereby required to place his Christian and Surname, painted on a Board in legible Characters, in the Front or some other conspicuous Part of the Toll House or Toll Gate immediately on his coming on Duty, each of the Letters of such Name or Names to be at least Two Inches in Length and of a Breadth in proportion, and painted either in White Letters on a Black Ground or Black Letters on a White Ground, and shall continue the same so placed during the whole Time he shall be upon Duty; and if any Collector of the same Tolls shall not place such Board as aforesaid, and keep the same there during the Time he shall be such Collector as aforesaid, or shall demand or take a greater or less Toll or Rate from any Person than he shall be authorized to do by virtue of the Powers of this Act, or of the Orders and Resolutions of the said Company made in pursuance thereof, or shall demand and take a Toll from any Person or Persons who shall be exempt from the Payment thereof and claim such Exemption, or shall refuse to permit or suffer or shall in anywise hinder any Person or Persons from reading the Inscriptions on the Boards to be affixed and placed as aforesaid, or either of them, or shall refuse to tell his Christian and Surname to any Person or Persons who shall demand the same on having paid the said Rates or Tolls or any of them, or shall in answer to such Demand give a false Name or Names, or, upon the legal Rate or Toll being paid or tendered, shall unnecessarily detain or wilfully obstruct, hinder, or prevent any Person or Persons from passing through any Turnpike or Toll Gate, or shall make use of any scurrilous or abusive Language to any Treasurer, Clerk, Surveyor, or other Officer, then and in every such Case every such Toll Collector shall forfeit and pay any Sum not exceeding Five Pounds.

CIV. And be it further enacted, That if any Person or Persons shall wilfully, negligently, or maliciously pull down, deface, or destroy any Board or Stone whereon any Rules, Orders, Byelaws, Tolls, or Rates, or Distances shall be painted or marked, he, she, or they shall on Conviction forfeit and pay to the said Company any Sum not exceeding Five Pounds, to be levied and applied as other Penalties are by this Act directed to be levied and applied.

CV. And be it further enacted, That the Rate of Tonnage and Carriage herein authorized and demanded to be taken shall be paid to such Person or Persons, at such Place or Places, at, upon, or near the said Railway or Tramroad, Railways or Tramroads, in such Manner and under such Regulations as the said Company at some General or Special Meeting or Meetings, or as the Committee shall, by Notice to be annexed to the Account or List of Tonnage and Carriage, direct or appoint; and in case of Refusal or Neglect of Payment of such Rates, Tolls, or Duties, or any Part thereof, on Demand, to the Person or Persons appointed to receive the same as aforesaid, the said Company may sue for and recover the same by Action of Debt or upon the Case in any of His Majesty's Courts of Record at Westminster, or the Person or Persons to whom such Rates, Tolls, or Duties ought to have been paid may and he and they is and are hereby empowered to seize the Goods or other Things for or in respect whereof any such Rates, Tolls, or Duties ought to have been paid, or any Part thereof, and detain the same until such Payment shall be made, together with reasonable Charges for such Seizure and Detention; and if such Goods shall not be redeemed within Five Days next after the taking thereof, the same shall be appraised and sold as the Law directs in Cases of Distress for Rent.

CVI. And be it further enacted, That if any Dispute shall arise concerning the Amount of the Rates, Tolls, or Duties due, or the Charges occasioned by any Distress to be taken by virtue of this Act, it shall be lawful for the Collector or Person distraining to detain such Distress until the Amount of the Rates, Tolls, or Duties due, and the Charges of seizing, distraining, keeping, or selling such Distress (as the Case shall happen), shall be ascertained by some Justice of the Peace for the County where the Cause of Dispute shall arise, who, upon Application made to him for that Purpose, shall examine the said Matter upon Oath of the Parties or other Witness or Witnesses, and determine the Amount of the Rates, Tolls, or Duties due; and it shall be lawful for such Justice to assess and award such Costs to be paid by either of the Parties to the other of them as he shall think just and reasonable; and in case of Nonpayment thereof, on Demand, such Costs shall be levied by Distress and Sale of the Goods and Chattels of the Party directed to pay the same, by Warrant under the Hand and Seal of such Justice.

CVII. And be it further enacted, That it shall be lawful for the said Company at any of their General Meetings, by Writing under their Common Seal, at any Time or Times to let to farm the Rates, Tolls, and Duties hereby made payable, or any Part or Parts thereof, upon the whole or any Part or Parts of the said Railway or Tramroad, and unto any Person or Persons, for any Term or Time which they shall think proper, not exceeding Three Years from the Commencement of any Lease; and every such Lease shall be valid and effectual, and the Lessee or Lessees thereof, and also such Person or Persons as such Lessee or Lessees shall appoint to collect and receive the Rates, Tolls, and Dues so let, shall during the Continuance of any such Lease be deemed Collectors of the Rates so let, but for the proper Use of such Lessee or Lessees, and shall have the same Power and Authority for collecting and recovering the same as if they had been appointed for that Purpose by the said Company, but subject to the Payment to the said William John Bankes of the Sums hereinafter made payable to him from and out of the said Tolls; provided public Notice of the Intention to let the said Rates, Tolls, and In Duties, or any Part thereof, be given in Writing by the said Director or Directors, or any Three or more of them, or by the Clerk of the said Company of Proprietors, by Advertisement published in some Newspaper usually circulated within the said Counties of Carnarvon or Merioneth or by Notice to such Proprietors as aforesaid, at least Twenty Days prior to any such General Meeting at which the said Rates, Tolls, and Duties, or any Part thereof, are proposed to be let as aforesaid.

CVIII. And be it further enacted, That in case all or any of the Tolls or Duties arising by virtue of this Act shall be demised or let to farm to any Person or Persons in any Manner whatsoever, and the Lessee or Lessees, Farmer or Farmers thereof, shall neglect or refuse to perform the Terms and Conditions on which the same shall be so demised or let, or in case the Rent or Rents agreed to be paid by such Lessee or Lessees, Farmer or Farmers, or any Part or Instalment thereof, shall be in arrear or unpaid for the Space of Fourteen Days next after any of the Days on which the same ought to be paid, pursuant to the Lease, Agreement, or Contract for demising or letting the same Tolls or Duties, or in case any temporary or other Collector of the said Tolls and Duties shall be discharged from his Office by virtue of this Act, or shall die, abscond, or absent himself, and any such Collector who shall be so discharged, or the Wife, Widow, or any of the Children or Family or other Representatives of any Collector who shall die, abscond, absent himself, or be discharged, or any other Person or Persons who shall refuse to deliver up the Possession of any Toll House or Toll Houses, Weighing Machine or Weighing Machines, or other Building or Buildings, with the Gardens and other Appurtenances thereto respectively belonging, to be erected, built, constructed, or set up by virtue of this Act, for the Space of Four Days after Demand thereof made in Writing given or left at such Toll House, Weighing Machine, or Building, or at any One of such Toll Houses, Weighing Machines, or Buildings which shall be or have been in the Possession or Occupation of such Collector or other Person or Persons, such Demand in Writing to be signed by any Three or more of the Directors, (although not assembled at a Meeting,) or by the Clerk or Treasurer for the Time being of the said Company; or in case any such Lease, Agreement, or Contract shall in any other Manner become void, then and in any of the said Cases it shall be lawful for any Two or more Justices of the Peace for the said County of Carnarvon or Merioneth, upon Application made by the said Committee or any Three or more of them, or by the Treasurer for the Time being of the said Company, by Warrant under their respective Hands or Seals, to order any Constable or other Peace Officer, with such Assistance as shall be necessary, to enter upon and take possession of every or any such Toil House, Weighing Machine, or other Building, with the Garden and all other the Appurtenances thereto belonging, and to remove and put such Lessee or Lessees, Farmer or Farmers, or other the Person or Persons who shall be found therein, together with his, her, or their Goods, from and out of the same and the Possession thereof, and from the Collection of such Tolls and Duties, and to put the said Company or any One of them, or their new Lessee, Farmers, or Collectors, into the Possession thereof, and thereupon it shall be lawful for the said Director or Directors, or any Three or more of them, if they shall think fit, to vacate and terminate the Lease, Contract, or Agreement (if any) which was previously subsisting, and the same shall accordingly be utterly void to all Intents and Purposes (save as to the Covenants and Agreements for Payment of the Rent or Rents thereby reserved, or other unperformed or broken Obligations, Covenants, or Agreements on the Lessee's Part,) as if such Lease, Contract, or Agreement had never been made; and it shall be lawful for the said Director or Directors, or any Three or more of them, in every such Case again to demise or let to farm the said Tolls and Duties to any other Person or Persons, or cause them to be collected in such and the same Manner as if no former Demise, Contract, or Agreement had been made relative thereto.

CIX. And for the better ascertaining and more easily collecting of the said Tolls and Duties, be it further enacted, That the Person. or Persons having the Care of or driving any Waggon or other Carriage passing upon the said Railway or Tramroad, Railways or Tramroads, or upon any Part thereof respectively, shall give an exact and true Account in Writing, signed by him or them, to the Collectors of the said Rates and Tolls, at the Place or Places where they shall attend for that Purpose, of what Quantity of Goods and other Things as aforesaid shall be in such Waggon or other Carriage, and with respect to such Waggon or other Carriage from whence brought, and where the same are intended to be unloaded or left; and if the Goods or other Things contained in any such Waggon or other Carriage shall be liable to the Payment of different Rates, then such Owner or other Person or Persons shall specify the Quantities liable to each or any of the said Rates; and in case he or they shall neglect or refuse to give and deliver such an Account or to produce his or their Bill of Lading to any Collector demanding the same, or shall give a false Account, or shall deliver any Part of his Lading or Goods at any other Place than is or are mentioned in such Account, with an Intent to avoid the Payment of the said Rates, Tolls, and Duties, or any Part of them, and shall be thereof convicted before any Justice of the Peace for the Counties of Carnarvon or Merioneth, every such Person so offending shall for every such Offence forfeit and pay to the said Company any Sum not exceeding Ten Shillings for every Ton of Goods and other Things, and so in proportion of any less Quantity than a Ton, which shall be in such Waggon or other Carriage of which such Account shall be so refused to be given, or which shall be fraudulently delivered out as aforesaid, as the Case shall happen to be, over and above the Rate, Toll, or Duty to which such Articles or Things may be liable.

CX. And for better ascertaining the Tonnage of Goods and other Things to be charged with the Payment of such Rate as aforesaid, be it further enacted, That One hundred and twelve Pounds shall for the Purposes of this Act be declared, rated, or estimated as for One Hundredweight, and Twenty such Hundredweights shall be deemed, rated, or estimated as for One Ton of Slates, Slate Stone, Blocks of Slate and Slate Stones, Tiles and Tile Stones, Copper and other Ores, and all other Articles; and Fourteen Cubic Feet of Stone, Forty Cubic Feet of Oak, Mahogany, Beech, and Ash, and Fifty Cubic Feet of all other Wood, shall for the Purposes of this Act be deemed, rated, or estimated as for One Ton Weight, any Usage to the contrary notwithstanding.

CXI. And be it further enacted, That if any Person shall suffer the Loading of any Waggon or other Carriage using the said Railway or Tramroad to extend more than One Foot and a Half over or beyond the Sides of such Waggon, or shall throw any Gravel, Stones, or Rubbish, or any other Matter or Thing, upon any Part of the said Railway or Tramroad to be made by virtue of this Act, or shall wilfully obstruct, hinder, or prevent any Person in the Execution of this Act, or shall do any other Act, Matter, or Thing to obstruct the free Passage of the said Railway or Tramroad or any Part thereof respectively, every Person so offending in any of the Cases aforesaid shall forfeit and pay for every such Offence any Sum nor exceeding Ten Pounds.

CXII. And be it further enacted, That if any Person shall wilfully or maliciously, and to the Prejudice of the said Undertaking, break, throw down, destroy, steal, carry, or take away any Part of the said Railway or Tramroad, or any Works to be erected and made by virtue of this Act, every Person so offending, and being thereof lawfully convicted, shall be subject and liable to the like Pains and Penalties as in Cases of Simple Larceny.

CXIII. And be it further enacted, That if any Waggon or other Carriage shall be placed or suffered to remain in any Part of the said Railway or Tramroad or other Works, so as to obstruct the Passage thereof, and the Person having the Care of such Waggon or other Carriage shall not immediately upon Request made remove such Waggon or other Carriage, he shall forfeit for every such Offence any Sum not exceeding Twenty Shillings for every Hour such Obstruction shall continue after the making of such Request; and it shall be lawful for any Agent or Officer to the said Company to cause any such Waggon or other Carriage to be unloaded, if necessary, and to be removed, in such Manner as shall be proper for preventing such Obstruction, and to detain such Waggon or other Carriage and the Loading thereof, or any Part of such Loading, until the Charges occasioned by such Removal shall be paid: Provided nevertheless, that nothing herein contained shall extend to subject the Proprietor or Proprietors for the Time being of the said Traethmawr Embankment, or the beneficial Occupier or Occupiers or Receiver or Receivers for the Time being of the Tolls arising or payable in respect of such Embankment, or the Proprietor or Proprietors or beneficial Occupier or Occupiers for the Time being of the Tremadoc Estate, to any Penalty for or in respect of any Waggon or other Carriage being or remaining upon that Part of the said Railway which shall be constructed upon the said Embankment, for such Time only as shall be absolutely necessary for repairing the said Embankment and the Works connected therewith.

CXIV. And be it further enacted, That the said Company of Proprietors shall, at their own Expense, Costs and Charges, after any Part of the said Railway or Tramroad shall be laid out and formed, make, erect, and set up, and from Time to Time maintain and support, such and so many convenient Gates in and upon the said Railway or Tramroad, and also all Bridges, Arches, Culverts, Fences, Ditches, Drains, and Passages over and under or by the said Side of the said Railway or Tramroad, of such Dimensions and in such Manner as any Two or more Justices of the Peace for the said Counties of Carnarvon or Merioneth shall from Time to Time judge necessary and appoint, in case there shall be any Dispute about the same, for the Use of the Owners or Occupiers of the Lands and Grounds through which such Railway or Tramroad, Railways or Tram roads, shall be made, or for protecting the said Lands and Grounds from Trespass, or the Cattle or other Property of the Owners or Occupiers thereof from estraying or escaping thereout by reason of such Railway or Tramroad, or any other Matter or Thing to be done in pursuance of this Act; and all such Gates, Bridges, Arches, Culverts, Fences, Ditches, Drains, and Passages so to be made as aforesaid shall from Time to Time and at all Times thereafter be supported, maintained, and kept in sufficient Repair and Condition by the said Company; and in case the said Company shall refuse or neglect to make, erect, or set up such Gates, Bridges, Arches, Culverts, Fences, Ditches, Drains, and Passages as herein-before directed, or to maintain and support the same or any of them when erected, set up, and made, in manner aforesaid, for the Space of Twenty Days next after the Time to be appointed for those Purposes respectively by such Justices, then and in every such Case it shall be lawful for every or any of the Owners or Occupiers of the said Lands or Hereditaments who shall find himself, herself, or themselves aggrieved by such Neglect or Refusal to make, erect, and set up all such Gates, Bridges, Arches, Culverts, Fences, Ditches, Drains, and Passages as the said Justices shall have before directed or appointed to be made, erected, and set up as aforesaid, and to maintain, repair, and support the same from Time to Time as Occasion shall require, so that in making and maintaining such Gates, Bridges, Arches, Culverts, Fences, Ditches, Drains, and Passages as aforesaid the said Railway or Tramroad or any of them, or any Buildings and other Things hereby authorized to be made or erected by the said Company, shall not be obstructed or injured for any longer Space of Time or in any other Manner than shall be necessary for the doing thereof; and all the reasonable Costs and Charges thereof, to be settled and allowed by the said Justices, shall be repaid to the respective Occupiers of the said Lands and Hereditaments who shall have so erected and made, repaired or maintained such Gates, Bridges, Arches, Culverts, Fences, Ditches, Drains, and Passages as aforesaid, by the said Company, within the Space of Five Days next after the same shall have been so settled and allowed, and an Account and Demand in Writing shall have been delivered and made thereof to and from the said Company; and in default of Payment of the said Costs and Charges within the Time aforesaid the said Justices shall and they are hereby required, by Warrant under their Hands and Seals, to levy the said Costs and Charges by Distress and Sale of any of the Goods and Chattels of the said Company, for the Use of such Person or Persons to whom such Costs and Charges shall have been allowed, rendering to the said Company the Overplus (if any), after deducting the reasonable Charges of making such Distress and Sale, to be settled by the said Justices; and every or any of the said Owners or Occupiers, upon Refusal or Neglect by the said Company to pay the said Costs and Charges as aforesaid, shall and may also have such and the like Remedy against them or any of them for the Recovery thereof by Action at Law to be commenced and prosecuted in such Manner as in other Cases is by this Act directed.

CXV. Provided always, and be it further enacted, That if the Owners or Occupiers of any Lands or other Hereditaments through which the said Railway or Tramroad shall be made do or shall at any Time or Times hereafter apprehend that any of the Gates, Bridges, Arches, Culverts, Ditches, Fences, Drains, and Passages respectively which the said Justices shall have so directed or appointed to be made by the said Company are insufficient, either in their Number or Situation, for the commodious Use and Occupation of the respective Lands or Hereditaments through which the Railway or Tramroad shall pass, then and so often and in any such Case it shall be lawful for any such Owners or Occupiers, with the Consent and Approbation of the said Company, upon Request made to them, or in case of their Refusal for the Space of Ten Days next after such Request, then with the Consent and Approbation of the said Justices, to make, fix, and erect, at their own Costs and Charges, any other Gates, Bridges, Arches, Culverts, Ditches, Fences, Drains, and Passages of the same or like Construction or Form with those made and erected by the said Company, in, upon, along, or near to the said Railway or Tram-road, in such Places as shall be found and adjudged most necessary and convenient for the better Use, Cultivation, Improvement, or Occupation of such Lands or Hereditaments, and to repair and support the same at their own Costs and Charges, as Occasion shall require, so that the Passage through or along the said Railway or Tramroad be not prevented or obstructed thereby for any longer Space of Time or in any other Manner than the same would necessarily have been if such Gates, Bridges, Arches, Culverts, Ditches, Fences, Drains, and Passages had been made or erected by the said Company.

CXVI. And be it further enacted, That it shall be lawful for the Owners and Occupiers of the respective Lands or Grounds through which the said Railway or Tramroad shall be made, and his and their Servants and Workmen, Cattle and Carriages, at all Times to pass and repass over and across such Part of the said Railway or Tramroad as shall be made in and upon the said Lands and Grounds respectively, and also along the said Railway or Tramroad, as far only as the Lands in his, her, or their own Occupation shall extend, for the Purpose of occupying the same Lands, such Person or Persons not samaging or obstructing the said Railway or Tramroad or the Passages thereof, without Payment of any Toll or Tonnage for the same.

CXVII. And be it further enacted, That it shall be lawful for the Proprietor or Proprietors of the said Traethmawr Embankment, and of the Harbour of Port Madoc, and the Shipping, Quay, Docks, and Works connected therewith, and for the beneficial Occupier or Occupiers, Receiver or Receivers for the Time being of the Rates, Tolls, or Dues arising or payable in respect of the said Embankment, Harbour, Quay, Docks, and other Works, and of Ynys-y-Towyn Rock, Ynys-y-Towyn, and the Towyn, from Time to Time and at all Times, without being subject or liable to any of the Rates, Tolls, or Duties by this Act granted, to pass and repass over and along such Part of the said Railway or Tramroad as shall be made and constructed by the said Company along the said Embankment, with Men, Horses, and Cattle, and Waggons and other Carriages, for the Purpose only of carrying or conveying Materials to repair, and of repairing the said Embankment and Harbour, Quay, Docks, and other Works aforesaid; and it shall be lawful for the Quarry Proprietors (paying such Toll as herein-before mentioned for conveying their Slates to Port along the said Railway) personally to pass and repass to and from the several Slate Quarries over and along the said Railway without being subject to the Payment of Toll; and any Person or Persons who may be entitled under this Act to receive any Toll or Tonnage in consideration of allowing the said Railway to be made through his, her, or their Property, he or they shall not be entitled to receive the said Toll or Tonnage unless the Slates, Goods, or other heavy Articles shall pass over and along that Part of the said Railway so made through the said Property of the Person or Persons so entitled to receive the said Toll or Tonnage.

CXVIII. And whereas it is intended to carry the said Railway over a certain Embankment called Traethmawr Embankment, and over a certain Railroad laid down upon the said Embankment, which Embankment and Railroad were, under the Powers of an Act passed in the Forty-seventh Year of the Reign of King George the Third, intituled An Act to enable His Majesty to vest the Sands of Traeth-mawr, dividing the Counties of Carnarvon and Merioneth, in William Alexander Madocks Esquire, vested in William Alexander Madocks of Tanyr-allt in the County of Carnarvon, Esquire, his Heirs and Assigns, in Fee Simple, and by the said Act the Sum of Three-pence per Ton was payable to the said William Alexander Madocks, his Heirs or Assigns, for all Slates brought along the said Railway over the said Embankment: And whereas the Railroad at present upon the said Embankment will be destroyed by the Passage of the Railway by this Act authorized: And whereas it hath been agreed between the Proprietor or Proprietors of the said Embankment and the said Company that the said Sum of Threepence per Ton so made payable to the said William Alexander Madocks shall cease immediately on the passing of this Act: Be it therefore further enacted, That in lieu of the said Sum of Threepence per Ton there shall be paid by the said Company to the Proprietor or Proprietors for the Time being of the said Embankment, or to the beneficial Occupier or Occupiers, Receiver or Receivers for the Time being of the Tolls arising or payable in respect of such Embankment, the Sum of One Penny Halfpenny per Ton for all Slates, of whatever Description, carried upon the Railway by this Act authorized to be made over or upon the said Embankment; and in case of Nonpayment thereof on Demand the same shall and may be recovered by Distress and Sale of the Goods and Chattels of the said Company or of their Treasurer, under a Warrant to be issued by any One or more Justice or Justices of the Peace of the said County of Merioneth (or Carnarvon, as the Case may be), and which Warrants such Justice is hereby empowered and required to grant, under his Hand and Seal, on Application made to him for that Purpose; and in case any Overplus shall remain after Payment of such Money, and the Costs and Expenses of hearing and determining the Matter in dispute, and also the Costs and Expenses of such Distress and Sale, then and in such Case such Overplus shall be returned, on Demand, to the Treasurer of the said Company, for the Use of the said Company or of their Treasurer for the Time being, as the Case may require: Provided always, that it shall be lawful for such Treasurer to retain, out of any Monies which he shall have received or shall receive in pursuance of this Act, all such Damages, Costs, Charges, and Expenses as he shall have sustained or have been put unto by virtue of any such Warrant as aforesaid.

CXIX. And be it further enacted, That all Persons shall have free Liberty to pass upon and use the said Railway or Tramroad with Carts, Waggons, or other Carriages properly constructed, upon Payment only of such Rates and Tolls as shall be demanded by the said Company, not exceeding the respective Sums herein mentioned, and subject to the Rules and Regulations which shall be from Time to Time made by the said Company by virtue of the Powers herein granted.

CXX. And be it further enacted, That if any Person or Persons as (save and except the said Proprietors, and the Owners and Occupiers of Lands for the necessary Occupation thereof, and the Agents or Servants employed by them,) shall ride, lead, or drive, or cause to be ridden, led, or driven, upon such Railway or Tramroad or any Part thereof respectively, except in passing over or upon the said Traeth-mawr Embankment, any Horse, Mule, or Ass, or shall lead or drive thereon, or cause to be led or driven thereon, any Cow or other Neat Cattle, Sheep, Swine, or any other Beast or Animal, (except only in directly crossing the same, or for the necessary Occupations of the respective Lands as aforesaid,) he or they shall forfeit and pay to the said Company any Sum not exceeding Five Pounds.

CXXI. And be it further enacted, That the said Company shall and they are hereby empowered and required, at their own proper Charges, after any Land shall be taken for the Use of the said Railway or Tramroad and other Works, to divide and separate and keep constantly divided and separated the same from the Lands or Grounds adjoining to such Railway or Tramroad and other Works, with good and sufficient Posts, Rails, Hedges, Ditches, Mounds, or other Fences, in case the Owner or Owners of such Lands or Grounds adjoining to such Railway or Tramroad and Lands or Grounds adjoining to such Railway or Tramroad and other Works, or any of them respectively, shall at any Time desire the same to be fenced off, or in case the said Company shall think proper to fence off the same, instead of Gates being erected as aforesaid; and the said Company shall also make and maintain all necessary Gates and Stiles in all such Fences to be made as aforesaid, all such Gates to be made to open towards such Lands and Grounds; and in every such Case the Powers, Provisions, Directions, and Regulations herein-before contained with respect to the Gates and other Works as aforesaid shall extend and apply to the making and maintaining of such Fences, as fully and effectually to all Intents and Purposes as if the said Powers, Provisions, Directions, and Regulations were here repeated and enacted with respect to such Fences: Provided nevertheless, that it shall not be lawful for the said Company to make or set up any Hedges, Mounds, or Gates, or any other Fences or Erections of whatever Description, upon any Part of the said Traethmawr Embankment.

CXXII. And be it further enacted, That a Wall built with Stone and Mortar, and of the Height of Four and a Half Feet at the least, and having a Coping set in Mortar, shall be raised, erected, and built , by the said Company, on both Sides of the said Railway or Tram-road, throughout the whole Line of the Property of the said William Gryffydd Oakeley, except for the Space of Five hundred Yards, such Space to be selected and pointed out by the said William Gryffydd Oakeley, or other the Owner or Owners of Plas Tanybwlch Estate for the Time being, by Writing under his or their Hand or Hands; and that on the South or lower Side of the Railway or Tramroad, for the Space of Five hundred Yards so to be pointed out as aforesaid, a Stone Wall built as aforesaid, of the Height of Ten Feet at the least, shall be raised, erected, and built, and at the Summit thereof there shall further be erected and built a Coping in Mortar; and it is hereby further declared, that the said Heights of Four and a Half Feet and Ten Feet respectively shall be measured and calculated from the Iron Plates upon the said Railway or Tramroad, and that the same Walls, and each and every Part thereof, shall be completed within Four Years after the passing of this Act; and the said Company shall at all Times thereafter keep the said Walls, and each and every Part thereof, in good, perfect, and substantial Repair.

CXXIII. And be it further enacted, That if the said Company shall not make such Wails in manner aforesaid, or shall raise, build, or place any Erection, Structure, or Building whatever, or any Steam or other Engine or Machine, within the Distance in that Behalf aforesaid, the said Company shall forfeit for every such Offence the Sum of Five hundred Pounds, to be recovered by the said William Gryffydd Oakeley, his Heirs or Assigns, by any Action of Debt, in which no Essoign or Wager of Law shall be allowed; and it shall be sufficient for the said William Gryffydd Oakeley, his Heirs or Assigns, to declare in any such Action for Money lent by the said William Gryffydd Oakeley, his Heirs or Assigns, to the said Company; and in every such Action a Verdict shall be entered for the Plaintiff, unless it shall be proved on behalf of the said Company, at the Trial of the said Action, that no Offence has been committed contrary to this Act; and it Judgment is entered for the Plaintiff in any such Action it shall and may be lawful for the said Plaintiff to issue Execution upon such Judgment against any of the Effects of the said Company, or of any Person or Persons being a Proprietor of the said Railway, Tramroad, or Tunnel, or interested in the said Company, or in the Tolls received and taken under and by virtue of this Act.

CXXIV. And be it further enacted, That all and every Person or Persons opening any Gate set up across the said Railway or Tramroad shall, and he, she, and they is and are hereby directed and required, as soon as he, she, or they, and the Waggon or other Carriage, shall have passed through the same, to shut and fasten the said Gate; and every Person neglecting so to do shall forfeit and pay for every such Offence any Sum not exceeding Forty Shillings, to be levied and recovered as herein-after mentioned; and the Money arising by such Forfeiture or Forfeitures shall be applied in the Manner following; (that is to say,) One Moiety or Half Part thereof shall be paid to the Poor of the Parish or Place where such Offence shall be committed, and the Residue thereof to the Informer.

CXXV. And be it further enacted, That it shall be lawful for the King's most Excellent Majesty, His Heirs and Successors, and to and for the Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues, on behalf of His Majesty, and to and ate for the Owners and Occupiers of the respective Lands or Grounds lying adjoining or near to the said Railway or Tramroad, or any other Person or Persons whomsoever, to lay down, either upon their own Lands or upon the Lands of other Persons, with the Consent of such other Persons, any collateral Branch or Branches from their respective Lands or Grounds to communicate with the said Railway or Tram-road, or for making at their own Expense such Openings in the Ledges or Sides of the said Railway or Tramroad as may be necessary and convenient for effecting such Communication.

CXXVI. And be it further enacted, That all such Openings in the Ledges or Sides of the said Railway or Tramroad as may be necessary or convenient for effecting such Communication or Junction as aforesaid shall not be made at any other Time or Times than between the Hours of Ten of the Clock in the Evening and Three of the Clock in the Morning.

CXXVII. Provided always, and be it further enacted, That nothing herein contained shall extend to prevent the King's Majesty, His Heirs and Successors, or the Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues, on behalf of His Majesty, or other the Owner and Owners, Occupier or Occupiers of any Land or Ground lying adjoining or near to the said Railway or Tramroad, from making any Tramroads, Railroads, common Roads, Watercourses, Drains, or Pipes to, from, across, or under the said Railway or Tramroad hereby authorized to be made, or any Part thereof, and to use such Tramroad, Railroad, common Road, Watercourse, Drain, or Pipes for the Benefit of themselves and all and every other Person and Persons to whom they may from Time to Time give Leave, and in such Way and for such Purpose as they may require, so that such Tramroad, Railroad, common Road, Watercourse, Drains, or Pipes do no Injury unnecessarily to and do not unnecessarily prevent the free Passage over and along the said Railway or Tramroad hereby authorized to be made by the said Company.

CXXVIII. And be it further enacted, That it shall be lawful for the Lord or Lords, Lady or Ladies of any Manor or Manors, and the King's Majesty, His Heirs and Successors, and the Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues on behalf of His Majesty, and other the Owner or Owners of any Lands or Grounds near to, through, or by which the said Railway or Tramroad or any Part thereof shall be made, to erect and use any Wharfs, Depots, Landing Places, Cranes, Weighbeams, or Warehouses in or upon his, her, or their respective Works or Lands or Grounds adjoining or near to the said Railway or Tram-road, and to land any Goods or other Things upon such Wharfs or Landing Places, or upon the Banks lying between the same and the said Railway or Tramroad or any Part thereof, and also to make and use proper and convenient Places for Waggons, Carts, and other Carriages to remain and turn in and pass each other, so that the making or using thereof do not obstruct or prejudice the Passage of the said Railway or Tramroad; and all Rates or Tolls which shall be paid for the Use of such Wharfs, Landing Places, Cranes, Weighbeams, and Warehouses respectively shall be and the same are accordingly hereby vested in the Lord or Lords, Lady or Ladies of such Manors, or His Majesty, His Heirs and Successors, or other the Owner or Owners of such Lands or Grounds who shall make and erect the same as aforesaid, and his, her, or their Representatives, so that the Rates and Powers herein granted to the said Company be not thereby reduced, altered, or infringed.

CXXIX. And be it further enacted, That it shall be lawful for the Lord or Lords, Lady or Ladies of the Soil of any Waste Lands, and the King's Majesty, His Heirs and Successors, and the Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues on behalf of His Majesty, and to and for the Owner or Owners of any Lands or Grounds near to, through, or by which the said Railway or Tramroad or any Part thereof shall be made, at their own Costs and Charges, to construct and make any Railway or Tramroad or other Road that may be necessary to connect such Wharfs, Loading or Landing Places, with the Main Line of the said Railway or Tramroad, so as to enable Waggons and other Carriages, to come up and discharge and take in Loadings at such Wharfs, Loading or Landing Places.

CXXX. Provided always, and be it further enacted, That no Part of the said Wharfs, Loading or Landing Places, shall be within Three Yards of the Main Line of the said Railway or Tramroad hereby authorized to be made and constructed as aforesaid.

CXXXI. Provided nevertheless, and be it further enacted, That if the Lord or Lords, Lady or Ladies of any Manor or Manors, and the Owner or Owners of such Lands or Grounds, in the prosecuting, repairing, keeping up, and maintaining any Part of such Works, or in doing any other Matter or Thing, or in neglecting to do any the Repairs, Matter, or Thing necessary for such Purposes aforesaid, shall in any way hurt, damage, or impede, or cause to be hurt, damaged, or impeded, the Main Line of the said Railway or Tram-road, such Lord or Lords, Lady or Ladies, and Owners or Owners as aforesaid, shall be liable to such Penalties, not exceeding Five Pounds, as any Two or more Justices for the County in which the same shall be situate shall think proper and determine, for each Offence, besides paying the Expenses of the Repair and Removal of such Damage, Impediment, or Obstruction, and besides also paying the Expenses of all Delays and Damages that such Impediment or Obstruction may occasion by such Operations.

CXXXII. And be it further enacted, That if such Lord or Lords, Lady or Ladies of any Manor or Manors, or the Owner or Owners of such Lands or Grounds, after due Notice of any such Damage, Injury, Impediment, or Obstruction as aforesaid thereof given to him, her, or them, or either of them, so offending, or left at his, her, or their usual Place of Residence, by the Officers, Agents, or Servants of the said Company, shall not, within the Space of Twenty-four Hours next after the Delivery of such Notice, repair or remove, or cause to be repaired or removed, any such Damage, Injury, Impediment, or Obstruction, then and in every such Case and as often as it shall so happen it shall be lawful for the said Company, and their Officers, Agents, or Servants, to repair or remove any such Damage, Injury, Impediment, or Obstruction, and to charge the Lord or Lords, Lady or Ladies of any such Manor or Manors, or the Owner or Owners of such Lands or Grounds, with the Expenses which the said Company, their Officers, Agents, or Servants, shall or may incur in the doing thereof; all which Expenses shall and may be recovered in the Manner as in this Act is herein-before provided, in addition to such Penalty or Penalties.

CXXXIII. And be it further enacted, That nothing herein contained shall authorize or empower the said Company or any other Person or Persons to make use of any Wharfs, Loading or Landing Places, Cranes, Weighbeams, or Warehouses, which shall be set out, erected, or made by the Lord or Lords, Lady or Ladies of any Manor, or the Owner or Owners of any Lands or Grounds adjoining or near to the said Railway or Tramroad, for his, her, or their private Use only, or to set up, erect, or use any Cranes or Weighing Machines in or upon any such Wharfs, Loading or Landing Places, without the Consent of such Lord or Lords, Lady or Ladies, Owner or Owners.

CXXXIV. And be it further enacted, That the said Director or Directors, or such Person or Persons as they shall for that Purpose appoint, is and are hereby authorized to contract and agree with any Person or Persons for making the said Railway or Tramroad or any Parts or Parts thereof and any other of the Works hereby authorized to be made or done by the said Company, in such Manner, and for such Sum and Sums of Money, and under such Regulations, as the said Director or Directors shall think proper; and all Contracts in Writing for any of the Purposes aforesaid shall be binding upon the said Company and all other the Parties thereto, and their respective Successors, Heirs, Executors, or Administrators, and Actions and Suits may be maintained thereon, and Damages and Costs recovered against the said Company, or either of the Parties failing in the Execution thereof.

CXXXV. And be it further enacted, That in all Cases wherein it may be necessary and requisite for any Person or Persons or Party or Parties to serve any Notice or Notices, or any Writ or Writs, or other legal Proceeding, or Proceedings in Equity, upon the said Company, Service thereof respectively upon the Director or any One of the said Directors, or delivered to some Inmate at his last or usual Place of Abode, or upon the Clerk of the said Company, or left at the Office of such Clerk, or delivered to some Inmate at his last or usual Place of Abode, or at the Office of the said Company, or in case the same respectively shall not be found or known, then Service upon any other Agent of or Officer employed by the said Company, or delivered to some Inmate at his last or usual Place of Abode, shall be deemed good and sufficient Service of the same respectively on the said Company.

CXXXVI. And be it further enacted, That the said Railway or Tramroad shall be commenced and made at each End thereof at one and the same Time; and in case the said Railway or Tramroad shall not have been completed and made (unless prevented by inevitable Accidents) within the Space of Four Years, to be computed from the passing of this Act, then from and after the Expiration of the said Term of Four Years all the Powers, Authorities, and Privileges given by this Act shall cease and determine, save only and except as to so core much (if any) of the said intended Railway or Tramroad and Works as shall have been declared and certified to have been completed within the said Term by the Justices of the Peace of the County in which the same shall be situate, assembled at any Quarter Sessions of the Peace to be holden in and for the said County at any Time before the Expiration of the said Term of Four Years, or within Three Calendar Months next after the Expiration thereof, upon the Evidence of One or more Witness or Witnesses upon Oath to be produced before them for that Purpose.

CXXXVII. Provided always, and be it further enacted, That if the said Railway or Tramroad hereby authorized to be made, or any Part thereof respectively, shall at any Time hereafter be abandoned or given up by the said Company, and shall not for the Space of Four Years be used or employed as a Railway or Tramroad, then and in such Case the Land or Ground so purchased or taken by the said Company for the Purposes of this Act, or so much and such Part thereof over which the said Railway or Tramroad, or any Part or Portion of such Railway or Tramroad, which shall be so abandoned or given up by the said Company, shall pass, shall vest in the Owner or Owners of the Land adjoining that which shall be so abandoned or given up, in manner following; (that is to say,) one Moiety thereof in the Owner or Owners of the Lands on the one Side, and the other Moiety thereof in the Owner or Owners of the Land on the other Side thereof.

CXXXVIII. And be it further enacted, That where any Damages or Charges are directed or authorized to be paid or Recovered, in addition to any Penalty or Penalties for any Offence or Offences in this Act mentioned, the Amount of such Damages or Charges, in case of Dispute respecting the same, shall be settled and determined by the Justice or Justices of the Peace by or before whom any Offender shall be convicted of any such Offence or Offences, who is hereby authorized and required, on Nonpayment thereof, to levy such Damages or Charges by Distress and Sale of the Offender's Goods and Chattels, in manner by this Act directed for the levying of any Penalties or Forfeitures.

CXXXIX. And be it further enacted, That when and as often as any Sum or Sums of Money shall be directed or ordered to be paid by any Justice or Justices of the Peace in pursuance of this Act, as or by way of Compensation or Satisfaction for any Materials or Costs, or for any Damage, Spoil, or Injury, of any Nature or Kind whatsoever, done or committed by the said Company or any Person or Persons acting by or under their Authority, and such Sum or Sums of Money shall not be paid by the said Company to the Party or Parties entitled to receive the same within Ten Days after Demand in Writing shall have been made from the said Company, in pursuance of the Direction or Order made by such Justice or Justices, and in which Demand the Order of such Justice or Justices shall be stated, then and in such Case the Amount of such Compensation or Satisfaction shall and may be levied and recovered by Distress and Sale of the Goods and Chattels vested in the said Company by virtue of this Act, or of the Goods and Chattels of their Treasurer for the Time being, under a Warrant to be issued for that Purpose by such Justice or Justices, which Warrant any such Justice or Justices is and are hereby authorized and required to grant, under his Hand and Seal or their Hands and Seals, on Application made to him or them for that Purpose by the Party or Parties entitled to receive such Sum or Sums of Money as or by way of Compensation or Satisfaction for any such Materials, Costs, Damages, Spoil, or Injury as aforesaid; and in case any Overplus shall remain after Payment of such Sum or Sums of Money, and the Costs and Expenses of hearing and determining the Matter in dispute, and also the Costs and Expenses of such Distress and Sale, then and in such Case such Overplus shall be returned, on Demand, to the said Company, or to their Treasurer for the Time being, as the Case may be: .Provided always, that it shall be lawful for such Treasurer to retain, out of any Monies which he shall have received or shall receive in pursuance of this Act, all such Damages, Costs, Charges, and Expenses as he shall have sustained or be put unto by virtue of any such Warrant as aforesaid.

CXL. And be it further enacted, That all Penalties and Forfeitures inflicted or imposed by this Act, or by any Rule, Order, or Byelaw made in pursuance hereof, (the Manner of levying and recovering whereof is not otherwise particularly directed,) may, in case of Nonpayment thereof, be recovered in a summary Way by the Order and Adjudication of any One Justice of the Peace for the County in which the Cause of Complaint shall arise, on Complaint to him for that Purpose exhibited by the Oath of any Witness or Witnesses, or on the Confession of the Party offending (which Oath such Justice is hereby authorized to administer); and in default of Payment of such Penalties or Forfeitures the same shall be levied by Distress and Sale of the Offender's Goods and Chattels by Warrant under the Hand and Seal of such Justice, rendering the Overplus (if any), on Demand, to the Party or Parties whose Goods and Chattels shall be so distrained (the reasonable Charges of such Distress and Sale being also first deducted); and one Moiety of the Penalties and Forfeitures, when recovered, shall be paid to the Informer, and the other Moiety thereof shall be paid to the Overseers of the Poor of the Parish or Place where the Offence shall be committed, for the Use and Benefit of the Poor of such Parish or Place; and in case such Penalties and Forfeitures shall not be forthwith paid, it shall be lawful for such Justice, and he is hereby authorized and required, to order the Offender or Offenders so convicted to be detained and kept in safe Custody until Return can conveniently be made of such Warrant of Distress, unless the Offender or Offenders shall give sufficient Security, to the Satisfaction of such Justice, for his, her, or their Appearance before such Justice, or before some other Justice of the Peace for the bounty where the Cause of Complaint shall arise, on such Day or Days as shall be appointed for the Return of such Warrant of Distress (such Day or Days not being more than Eight Days from the taking of any such Security), and which Security the said Justice is hereby empowered to take byway of Recognizance or otherwise; but if upon the Return of such Warrant it shall appear that no sufficient Distress can be had whereupon to levy the said Penalty or Penalties and such Costs as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the Satisfaction of any such Justice, upon the Confession of the Offender or Offenders or otherwise, that he, she, or they hath or have not sufficient Goods and Chattels whereupon such Penalties, Forfeitures, Costs, and Expenses can be levied if a Warrant of Distress were issued, such Justice shall not be required. to issue such Warrant of Distress, and thereupon it shall be lawful for such Justice, and he is hereby authorized and required, by Warrant under his Hand and Seal, to commit such Offender or Offenders to the Common Gaol or House of Correction for the County or Place where such Offence shall be committed, there to remain for any Time not exceeding Three Calendar Months, unless such Penalty or Forfeiture shall be sooner paid and satisfied, and all Costs and Charges attending such Proceedings as aforesaid, to be ascertained by such Justice, or shall otherwise be discharged by due Course of Law.

CXLI. And be it further enacted, That where any Distress shall be made for any Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers ab initio on account of any Irregularity which shall be afterwards committed by the Party or Parties distraining, but the Person or Persons aggrieved by such Irregularity shall and may recover full Satisfaction for the special Damage in an Action upon the Case.

CXLII. And be it further enacted, That it shall be lawful for any Collector, Surveyor, or other Officer of the said Company, and such Person or Persons as he shall call to his Assistance, to seize and detain any Person or Persons, being unknown to such Collector, Surveyor, or other Officer, who shall commit any Offence or Offences against this Act, and to convey him, her, or them before any One or more of the Justice or Justices of the Peace for the County in which the Offence shall have been committed, without any other Warrant or Authority than this Act for so doing; and such Justice or Justices of the Peace is and are hereby respectively empowered and directed to proceed immediately to the Conviction or Acquittal of such Offender or Offenders.

CXLIII. And for the more easy and speedy Conviction of Offenders against this Act, be it further enacted, That all and every Justice or Justices of the Peace before whom any Person or Persons shall be convicted of any Offence against this Act shall and may cause the Conviction to be drawn up according to the following Form, or any other Form to the same Effect, as the Case shall happen; (that is to say,) to wit

"BE it remembered, That on the Day of in the Year of our Lord A.B. is convicted before me C.D., one of His Majesty's Justices of the Peace for the County of [specifying the Offence, and the Time and Place when and where the same was committed, as the Case may be], contrary to an Act passed in the Second Year of the Reign of King William the Fourth, intituled [here set forth the Title of this Act]. Given under my Hand and Seal, the Day and Year first above written."

CXLIV. And be it further enacted, That any Body or Bodies, Person or Persons, who may think himself, herself, or themselves aggrieved by any Order or Judgment made or given in pursuance of any Rule, Byelaw, or Order of the said Company, or Director or Directors, or by any Order, Judgment, or Determination of any Justice or Justices of the Peace, relating to any Matter or Thing in this Act mentioned or contained, may, within Four Calendar Months next after such Order, Judgment, or Determination shall have been made or given, appeal to the Justices of the Peace at any General or Quarter Sessions to be held for the County where the Cause of Appeal shall happen to arise, first giving Ten Days Notice in Writing of such Intention to appeal and of the Nature thereof to the Body or Bodies, Person or Persons, against whom such Complaint is intended to be made, or to the said Company, as the Case may be, and forthwith after such Notice entering into Recognizance before some Justice of the Peace, with Two sufficient Securities, conditioned to try such Appeal, and abide the Order and Award of the said Court thereon and the said Justices shall in a summary Way either hear and determine the said Complaint at such General or Quarter Sessions, or, if they think proper, adjourn the hearing thereof to the following General or Quarter Sessions of the Peace to be held for such County; and the said Justices may, if they see Cause, miti-gate any Penalty or Forfeiture, and may order any Money to be returned which shall have been levied in pursuance of such Rule, Byelaw, Order, or Determination, and may also order any such further Satisfaction to be made to the Party injured as they shall judge reasonable, and may also order such Costs to be paid to the Party aggrieved by the Party aggressing as they in their Judgment shall think just and reasonable.

CXLV. And be it further enacted, That no Proceedings to be had and taken in pursuance of this Act shall be quashed or vacated for Want of Form, or be removed by Certiorari, or by any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminster or elsewhere, any Law or Statute to the contrary notwithstanding.

CXLVI. And be it further enacted, That in all Cases in which by this Act any Penalty or Forfeiture is made recoverable by Information. before any Justice of the Peace, it shall be lawful for the Justice of the Peace before whom Complaint shall be made for any Offence committed against this Act to summon the Party complained against before him, and on such Summons to hear and determine the Matter of such Complaint, and on Proof of the Offence to convict the Offender, and to adjudge him to pay the Penalty or Forfeiture incurred, and to proceed in the Recovery of the same, although no Information in Writing shall have been exhibited or taken before such Justice; and all such Proceedings by Summons without Information in. Writing shall be as good, valid, and effectual to all Intents and Purposes as if an Information in Writing had been exhibited.

CXLVII. Provided always, and be it further enacted, That in all Cases of Prosecution for Offences against the said Rules, Orders, and Byelaws the Production of a written or printed Paper purporting to be the Rules, Orders, and Byelaws of the said Company, and authenticated by having the Common Seat of the said Company affixed thereto, shall be Evidence of the Existence of such Rules, Orders, and Byelaws; and it shall be sufficient to prove that a Board, painted according to the Directions of this Act, purporting to be a Copy of such Byelaws, Rules, Orders, and Regulations, hath been affixed and published in manner by this Act directed, and in case of its being afterwards displaced or damaged hath been replaced by another such Board as soon as conveniently might be, in some conspicuous Place upon or near adjoining the Place where the Offence was committed, unless Proof shall be adduced by the Defendant that such Board is not a Copy of such Byelaws, Rules, Orders, and Regulations, or hath not been duly kept up and generally continued at or near the said Railway or Tramroad and Wharfs, in manner by this Act directed.

CXLVIII. And be it further enacted, That no Action, Suit, or Information shall be brought, commenced, or prosecuted against any Person or Persons for anything done or to be clone in pursuance of this Act, or in the Execution of the Powers or Authorities, or any of the Orders made, given, or directed in, by, or under this Act, unless Ten Days previous Notice in Writing shall be given by the Person or Persons intending to commence and prosecute such Action, Suit, or Information, to the said Company, or their Clerk or Treasurer for the Time being, nor unless such Action, Suit, or Information shall be brought or commenced within Six Calendar Months next after the Fact committed, or in case there shall be a Continuation of Damages then within Six Calendar Months next after the doing or committing such Damage shall have ceased, and not afterwards, and shall be laid and brought in the County where the Matter in dispute or Cause of Action shall arise, and not elsewhere; and the Defendant or Defendants in such Action, Suit, or Information shall and may plead the General Issue, and give this Act and the special Matter in Evidence, at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear to have been so done, or if any such Action, Suit, or Information shall have been brought or commenced before or after the respective Times so limited for bringing or commencing the same, or in any County or Place than as aforesaid, then and in every such Case the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall become nonsuited, or suffer a Discontinuance of his or their Action, Suit, or Information after the Defendant or Defendants shall have appeared, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or if upon Demurrer or otherwise Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have his, her, or their Costs, and shall have such Remedy for recovering the same as any Defendant hath for recovering Costs of Suit in any other Case by Law.

CXLIX. And whereas William John Bankes Esquire claims to be entitled to certain Dues or Payments for or in respect of the Carriage or Passage of Slates and Goods in and by a Cart or Carriage Road through his Estates, and considerable Emoluments and Profits are derived by and accrue to the said Tenants and Occupiers of the same Estates, which may be greatly lessened or wholly taken away by the Establishment of the said Railway, and it is fit that he should be compensated for the same: Be it therefore further enacted, That the Sum of One Penny per Ton shall be payable and paid by the said Company unto the said William John Bankes, his Heirs, Executors, Administrators, or Assigns, in respect of every Ton Weight carried or conveyed upon or along the said Railway or Tramroad in respect of which the said Company or their Lessee or Lessees shall receive or be entitled to receive the Rates, Tolls, or Duties herein-before mentioned.

CL. And be it further enacted, That the said Company and their Lessee or Lessees shall provide and keep proper Books, wherein true, correct, and plain Entries shall be made of all Sum and Sums of Money which the said Company shall take, collect, and receive, or be entitled to take, collect, and receive, for or in respect of the Rates, Tolls, or Duties herein-before mentioned, and the Times when and the Matters in respect of which all such Rates, Tolls, or Duties shall be so taken, collected, or received; all which Books shall from Time to Time and at all Times be open to the Inspection and Examination of the said William John Bankes, his Heirs, Executors, Administrators, or Assigns, who shall be at liberty to take Copies thereof or Extracts therefrom.

CLI. Provided always, and be it further enacted, That nothing herein contained shall in any Manner whatsoever extend or be construed to extend to prejudice or interfere with the Rights, Powers, Authorities, Profits, Privileges, and Advantages vested in William Alexander Madocks Esquire, his Heirs and Assigns, under and by virtue of an Act passed in the Forty-seventh Year of the Reign of His Majesty King George the Third, intituled An Act to enable His Majesty to vest the Sands of Traethmawr, dividing the Counties of Carnarvon and Merioneth, in William Alexander Madocks Esquire; and also of another Act passed in the First and Second Years of the Reign of His late Majesty King George the Fourth, intituled An Act to alter and amend an Act of His late Majesty's Reign, intituled 'An Act to enable His Majesty to vest the Sands of' Traethmawr, dividing the Counties of Carnarvon and Merioneth, in William Alexander Madocks Esquire;' and for building Quays and other Works, for the Purpose of facilitating the landing, loading, and unloading of Ships and Vessels frequenting the Harbour of Port Madoc in the said County of Carnarvon; but saving and reserving all such Rights, Powers, Authorities, Profits, Privileges, and Advantages in as full and ample a Manner, to all Intents and Purposes, as if this Act had not been passed, save and except as herein-before mentioned.

CLII. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others.

The SCHEDULE to which the aforegoing Act refers[edit]

No. on plan Description of Premises Parish County Owners or reputed Owners Occupiers
1 Ynys Towyn Green Pasture Ynys-cynhaiarn Carnarvon John Maddocks John Williams.
2)
3)
Embankment of Traethmawr Llanfihangel-y-Traethan Carnarvon,
Merioneth
Mrs. Eliz. A. Madocks William Jones.
4 Bush Wood, Arable and Lands Merioneth Steed Girdlestone )
Charles Metcalfe )
John Roberts.
5 Wood Land Sir Josh. Huddart Samuel Holland.
6 Pasture and Arable Hugh Jones Jno. & Ellen Jones.
7 Ditto Lord Mostyn Margaret Davies.
8 Arable and Pasture Land Sir Josh. Huddart Thomas Evans.
9 Ditto William Casson Thomas Griffith.
10)
10)
Pasture Land
Arable and Pasture
Lord Mostyn
Ditto
John Williams.
Owen Williams.
11 Ditto Llanfrothen Hugh Jones and John Morgan John Owens.
12)
12)
Garden
Ditto

Llanfihangel-y-Traethan
John Prichard
Ditto
W. Jones.
John Prichard.
13 Rock and Arable Wm. Jones Wm. Jones.
14 Pasture Rd Hodges William Thomas.
15 Pasture and Rock Robt Lewis Robert Edwards.
16 Garden Evan Griffith Mart Humphreys.
17 Pasture Wm. Jones and Lowry Roberts William Jones and Lowry Roberts.
18 Potatoe Ground Wm. Ellis Samuel Holland.
19 Pasture Ground Merioneth Robt Davies
20 Arable John Roberts John Roberts.
21 Garden and Pasture Marg. Edmonds John Jones.
22 Pasture Morris Jones William Jones.
23 Arable David Williams Richard Williams.
24 Pasture and Arable Llandecwyn Wm. Evans Ellis Jones.
25 Pasture, Arable and Ffrydd Festiniog Thomas Casson Wm. Ellis.
26 Pasture Rd Humphrey Richards Pierce Morris.
27 ( Woodland, Arable
( and Pasture
( Rock and Ffrydd
( Ffrydd and Rock
(
( Pasture
( Pasture and Arable
( Pasture and Meadow
( Ffrydd
W. G. Oakeley, Esq.

Thomas Davies.
John Owen.

Ellin Jones.
John Roberts.
Hugh Jones.
 
28 Ffrydd, Pasture and Arable Trustees under the Will of the late Wm. Lloyd, Esq. David Lloyd
29 Pasture and Arable Will. Jno. Bankes Evan Evans.
30 Pasture and Meadow Rev. Jno. Jones Cadwr Roberts.
31 Ffrydd and Pasture Land Merioneth Wm. O. Gore Margt Andrew.
31 Rock and Pasture Ditto Cadwr Williams.
32 ( Meadow and Pasture Rock
( Ffrydd
( Ditto
( Ditto
( Ditto
( Ditto
( Ditto
( Ditto and Meadow
Rd Humphreys David Pierce.
Joseph Jones.
John Jones.
John Pierce.
Wm. Owen.
W. Morris.
Edw. Parry.
Wm. Rowlands.
33 Ffrydd and Bog Rd W. Parry Margt Williams.
Robert Morris.
34 Meadow Land and Pasture Wm. G. Oakeley Mark Baugh
35 Turbary and Pasture Ld Newborough Jane Evans.
Parish Road in Llanfihangel Overseer (there being no Trustees) Samuel Holland.
Turnpike Road
Ditto
Ditto
Ditto
Ditto
Ditto
 
 
 
Thos. Casson
Wm. Casson
David Lloyd
Wm. Oakeley
W. G. Oakeley
Rob. Jones
Rev. John Jones
Howill Lloyd
Rev. W. Williams
Commissioners of
Turnpike Road
from Pont Aberglaslyn
to Maentwrog

LONDON: Printed by GEORGE EDWARD EYRE and WILLIAM SPOTTISWOODE, Printers to the Queen's most Excellent Majesty. 1856.

[Another copy LONDON: Printed by GEORGE EYRE and ANDREW SPOTTISWOODE, Printers to the King's most Excellent Majesty. 1832.]

The London Gazette duly recorded the event thus:-

An Act for making and maintaining a railway or tramroad from a certain quay at Portmadock, in the parish of Ynys-cynhaiarn, in the county of Carnarvon, to certain state quarries, called Rhiw-Cryfder, and Dyffws, in the parish of Festiniog, in the county of Merioneth.

(note = the text does say "state quarries" - it is meant to say "slate quarries")

See also[edit]