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Enactments in schedule applied to the railway and company, subject to variations.
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51. The enactments described in the schedule to this Act, and any enactments amending, perpetuating, or otherwise affectting any of them, so far as the same are in force at the passing of this Act, shall extend and apply, as the case may require, to the railway, and to the company or persons empowered by the certificate to make the railway, and shall in all respects operate in relation thereto respectively as if they were expressly repeated and re-enacted in this Act, subject, nevertheless, and according to the following variations and provisions; namely,—
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(1.) For the purposes and within the meaning of any of those enactments, the railway shall be deemed to be a railway made and constructed and carried on under the authority of Parliament, and under the powers and provisions of an Act of Parliament, and the certificate (taken in conjunction with this Act) shall be deemed to be a special Act of Parliament regulating or relating to the railway or the company, body, or persons empowered to make the same (as the case may require) :
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(2.) Such of those enactments as refer to the time of the passing of an Act of Parliament for the construction of a railway, or to the last day of the session in which such an Act is passed, shall respectively be read and have effect as referring to the time of the commencement of the operation of the certificate :
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(3.) The terms “company” and “railway company” used in any of those enactments shall respectively include any persons empowered by the certificate to make the railway :
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(4.) Such of those enactments as refer to the directors, or any director, or the secretary, chief or other clerk, accountant, treasurer, or other officer of a company, shall extend and apply to every or any one of the persons (not being a company) empowered by the certificate to make the railway :
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(5.) Such of those enactments as refer to a writing under the common seal of the company shall be read and have effect as referring to a writing under the hand and seal of any one of such persons as aforesaid :
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(6.) Such of those enactments as impose any penalty or forfeiture, or any pecuniary liability or any obligation, on a company, or give any right, remedy, or process against a company, shall be read and have effect (so far the nature and circumstances of the case admit) as imposing a like penalty, forfeiture, liability, or obligation on, or as giving a like right, remedy, or process against, every or any one of such persons as aforesaid, but not so as to authorize the recovery of any penalty or forfeiture from, or the enforcement of any pecuniary liability against, more than one of such persons in respect of the same offence, matter, or thing :
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(7.) The amount of any compensation to be made to the owners and occupiers of any lands for loss or injury or inconvenience sustained by them respectively by reason of any works done under the authority of any of those enactments shall, in case of dispute, be settled in manner directed by the Lands Clauses Acts and the Railways Clauses Acts, as respectively applicable to the case :
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(8.) Such of those enactments as provide for the case of the Board of Trade certifying that the public safety requires additional land to be taken by a company for the purpose of giving increased width to the embankments or inclination to the slopes of the railway, or for making approaches to bridges or archways, or for doing works for the repair or prevention of accidents or slips happening or apprehended to the cuttings, embankments, or other works of the railway, shall be read and have effect, as regards such portions of land as are mentioned in any certificate so given by the Board of Trade, as if compulsory powers of purchasing and taking lands had been contained in the certificate under this Act authorizing the making of the railway, and the provisions of the Lands Clauses Acts and the Railways Clauses Acts relative to the compulsory purchase or taking of land had been incorporated with that certificate :
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(9.) If the railway is in any respect constructed contrary to the provisions of the certificate, or of this Act, it shall be deemed to be constructed contrary to the provisions of any of those enactments applicable in the case :
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(10.) Nothing herein shall extend or make applicable, for the purposes of this Act, to or in any one of the parts of the United Kingdom, any of those enactments not in force there independently of this Act.
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Miscellaneous.
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