THE LONDON, CHATHAM, AND
DOVER RAILWAY (ARRANGE-
V
MENT) ACT, 1867.
AN ACT
To authorise the London, Chatham, and Dover
Railway Company to raise a Sum of Money
for the satisfaction of certain Claims; and
for other Purposes relating to the Under¬
taking of the Company.
[ROYAL ASSENT, 20th AUGUST, 1867.J
30 & 31 Vict.—Session 1867.
BAXTER, ROSE, NORTON, and CO., )
6, Victoria Street, Westminster,
WALKER AND MARTINEAU,
King's Road, Gray's Inn.
) Solicitors.
DYSON and CO.,
24, Parliament Street,
SHERWOOD, GrRUBBE, PRITT, and
CAMERON,
7, Great George Street, Westminster,
Parliamentary
Agents
LONDON ; PRINTED BY W. CLOWKS AND SONS, STAMFORD STREET,
AND CHARING CROSS.
30 8f 31 VICT.—SESSION 1867.
THE LONDON, CHATHAM, AND DOVER RAILWAY
(ARRANGEMENT) ACT, 1867.
AEEANGEMENT OF SECTIONS.
mm 2
Preamble recites :
East Kent Railway Act, 1853 (16 & 17 Vict., c. 132),
18 & 19 Vict., c. 187.
21 & 22 Vict., c. 107.
22 & 23 Vict., Sess. 2, c. 54.
Defining Undertaking.
Short Title .........
Incorporation of Act
Interpretation . . . .
Stay of proceedings .......
Application of Money in Court and in hands of Receivers
Suspense period defined .......
Suspension of powers of management .
Constitution of the Board . . . .
As to first Board ........
Providing for filling up Board .
As to vacancies in Board ......
As to meetings of Shareholders and Mortgagees
As to rotation of Directors. ......
[40] A
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i
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v**>
Section
1
2
3
4
5
6
7
8
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10
11
12
13
ii The London, Chatham, and Dover Railway ( Arrangement)
Act, 1867.
Section
Providing for half-yearly Reports, &c . 14
As to convening of Meetings . . . . . . . . .15
Chairman at Meetings . . . . . . . . . .16
Votes at Meetings . 17
For appointment of permanent Referee . . . . . 18
Powers of the Board . . . . . . . . . .19
As to powers and proceedings of Board ....... 20
As to Auditors ........... 21
As to superfluous Lands . . . . . . . . . .22
Application of proceeds of superfluous Land . . . . . .23
Power to issue Debenture Stocks ... .... 21
As to 44 A " Debenture Stock ......... 25
Application of proceeds of " A " Stock . . . . » . .26
Conditions of44 B " Stock . . . , . . . . 27
Providing for Arrears of Interest. ........ 28
Conditions of44 C " Stock . . . . . . . . 29
Powers to Trustees and others ........ 30
Application of income . 31
Adjustment of accounts . 32
Powers to the Court of Chancery 33
Power of the Court ....... . . 34
Remuneration of Directors 35
Saving rights of certain Landowners ....... 36
Saving rights of General Credit, &c., Company ...... 37
Saving rights of Mr. Bigge . . . . . . . . . 38
Providing for Interest due to Ecclesiastical Commissioners . . .39
As to rent-charge in favour of Great Northern Railway Company . . 40
Saving rights of Messrs. Martin . . . . . . . .41
Saving rights of various Railway Companies . . . . . .42
As to Metropolitan Extension Shares . 43
Saving Agreements in Schedule . . . . . . . .44
Saving rights of Sittingbourne and Sheerness Railway Company . . .45
Saving lands vested in Board of Trade . 46
Providing for conversion of Western Extension Shares . . . .47
Saving existing rights . 48
The Londony Chatham, and Dover Railway (Arrangement) Act, 1867. iii
Repealing provisions as to Sinking Fund—24 & 25 Vict., c. 239, s. 21—Section
28 & 29 Vict, c. 249, s. 54 49
Deposits for future Bills not to be paid out of Capital raised under this Act 50
Provision for General Railway Acts 51
Costs of Act ............ 52
Schedules. Page
I. Names of Acts ......... 26
II. Statement of Capital . . . . . . . .31
III. Application for Consent of Mortgagees . . . . .35
IV. Agreement as to City Lines Land . . . . . 37
AN ACT
To authorise the London, Chatham, and Dover Railway
Company to raise a sum of Money for the satisfaction
of certain Claims; and for other Purposes relating to
the Undertaking of the Company.
r
[ROYAL ASSENT, 20TH AUGUST, 1867.]
WHEREAS the London, Chatham, and Dover Railway Company Preamble recites :
were originally incorporated in the year one thousand eight
hundred and fifty-three, under the name of "The East Kent Rail- wayAct 1853, (i6&
"way Company," for making a Railway from the North Kent 17Vict.,c. 132).
5 Railway at Strood to Canterbury, with Branches to Faversham
Docks and Chilham ; and by " The East Kent Railway Act, 1855," is & 19 Vict., c.
they were authorised to extend their Railway from Canterbury to
Dover ; and again in the year one thousand eight hundred and fifty- 21 & 22 Vict> °-
' 1071
eight they were authorised to extend their Railway from Strood to
2o the Mid-Keut Railway at Saint Mary's Cray (this latter extension
being called "The Western Extension") ; and in the following year
(one thousand eight hundred and fifty-nine) the name of the Com- 22 & 23 Vict.,
pany was changed from the East Kent Railway Company to " The Sess- 2' c'54'
" London, Chatham, and Dover Railway Company
ig And whereas the First Schedule to this Act contains a list of the Defining Under-
various Acts immediately relating to the Company ; which Acts are taking-
[40] B
2 The London, Chatham, and Dover Railway (Arrangement) Act, 186",
hereinafter referred to as the " Company's Acts/ and are designated
by the year in which they passed ; and by virtue of the said Acts the
Undertaking of the Company is divided into various Sections, which
have for certain purposes their Capitals and Revenues distinct from
one another, and from that of the General Undertaking of the Com- 5
pany, but which are all under the same management :
And whereas the Second Schedule to this Act contains a state¬
ment of the amounts which the Company have been authorised to
raise, by Shares and by Loan :
And whereas the Undertaking of the Company, which now is 10
and for the most part has long been open to the public, consists of
Railways exceeding one hundred miles in length, commencing in
London, where they are directly or indirectly connected with all the
Railways having termini in London ; and there were conveyed upon
the said Undertaking in the year one thousand eight hundred and 15
sixty-six nearly eleven millions of passengers, and more than four
hundred thousand tons of goods :
♦
And whereas questions have arisen as to the mutual rights and
liabilities of the several Undertakings and Sections, and as to the
priorities of the several Capitals, and as to the validity of certain 20
Leases and W orking Agreements, and numerous proceedings have been
taken in the Court of Chancerv with reference to the matters in
V
dispute :
And whereas, by reason of the complication of interests, and the
large number of persons interested, it is expedient that special powers 25
be conferred upon the said Court.
And whereas, by reason of the incomplete state of the Com¬
pany's Undertaking, and the undeveloped condition of its traffic, the
Company have been unable to pay interest on their Debentures or to
discharge certain other claims, and the debts of the Company are 30
large and are constantly increasing :
And whereas certain creditors of the Company have obtained
judgments and issued executions against the surplus lands and rolling
The London, Chatham, and Dover Railway ( ) Act 1867 3
stock of the Company, and proceedings have also been taken by
unpaid vendors of land against the Company ; and the whole Under¬
taking of the Company is now in the hands of Receivers appointed
by the Court of Chancery at the instance of Debenture holders
5 of' the Company :
And whereas, in order to avoid the stoppage of the traffic, moneys
in the hands of the Receivers have, by the direction of the Court
of Chancery, been provisionally applied in making necessary pay¬
ments on Capital Account :
10 And whereas the Company have executed a deed dated the
nineteenth day of January, one thousand eight hundred and sixty-
seven, purporting to assign all their Rolling Stock and other chattels
to Trustees, upon trust for the Debenture holders and all other
creditors of the Company, and the same are now being used for the
15 purposes of the line, at a rent payable to such Trustees :
And whereas, in order to enable the Company to keep the line
open for traffic and ultimately to meet its engagements, it is essential
that the provisions hereinafter contained should be made, and that
during the period hereinafter defined, all suits, actions, executions,
20 attachments, and other proceedings against the Company and its
property, with respect to existing debts, shall be stayed, subject
to the provisions hereinafter contained, unless with such leave of the
Court of Chancery as hereinafter enacted :
V
And whereas it is expedient that during such limited period
25 the management of the Company should be vested, with all necessary
powers, in a Board, on which both the Mortgagees of the Company
and the Shareholders should be represented :
And whereas it is expedient that powers should be given with
reference to the sale and leasing of the superfluous lands of the
30 Company, and for the application of the proceeds thereof:
*
And whereas it is expedient to facilitate the consolidation into
Debenture Stock of various classes of mortgages, and to facilitate
f40]
4 The London, Chatham, and Dover Railway (.Arrangement) Act, 1867.
the conversion into Debenture Stock of the sums due to general
creditors of the Company, and to give facilities to the Mortgagees
and to the Shareholders of the Company, for effecting a general com¬
promise and readjustment of their respective rights and liabilities :
And whereas Mortgagees of the Company representing more 5
than 2,000,000?. of Loan Capital, have appointed a Committee for the
protection of their interests, and the provisions hereinafter contained
are assented to by the said Committee who have concurred with
the Directors in the promotion of this Act :
And whereas the objects of this Act cannot be effected without 10
the authority of Parliament :
MAY IT THEREFORE PLEASE YOUR MAJESTY,
That it may be Enacted, and be it Enacted, by the Queen's
Most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present 15
Parliament assembled, and by the authority of the same, as
follows (that is to say) :—
Short Title. 1. This Act maybe cited for all purposes as " The London,
" Chatham, and Dover Railway (Arrangement) Act, 1867."
^incorporation of g. Sections 28, 29, and 31 of "The Companies Clauses Act, 20
" 1863," as to Debenture Stock are incorporated with this Act, except
so far as the same are inconsistent with the provisions of this Act.
interpretation. 3. In this Act, except when repugnant to the context, the
following words have the following meanings:—.
The words "The Company" mean The London, Chatham, 25
and Dover Railway Company :
The words " The Entire Undertaking " mean the aggregate
of all the Undertakings and property of the Company :
The London, Chatham, and Dover Railway {Arrangement) Act, 1867. 5
The word " Mortgage " shall mean and include the Debentures « Mortgagee8""6
of the Company, and any Debenture Stock created under
the powers of this Act, and also any Share or Stock in
any Dent-charge, and any other Share or Stock of or in
5 the Company, or any of the Undertakings, Sections, and
Capitals thereof, which Shares or Stock in such Rent-
charge or other Shares or Stock are as to dividends or
interest entitled to rank in priority to or pari passu with
any Debentures of the Company : and the word " Mort-
] o gagee " shall mean and include the holder of any
" Mortgage " so defined as aforesaid.
The word "Shareholders" shall include all persons holding 'Shareholders.'
Shares or Stock in any Rent-charge or any other Shares
or Stock of or in the Company, or any of the Under¬
takings, Sections, and Capitals thereof, excepting such
Shares or Stock as are included in the word " Mortgage
Provided always, That until it shall be determined by the
Court that the holders of any Shares or Stock in any
Rent-charge or of any other Shares or Stock are included
in the word "Mortgagee," such holders respectively shall
vote as Shareholders and not as Mortgagees.
15
20
The words "General Creditor" mean any creditor of the
Company other than a mortgagee :
The words " General Debts" mean the sums lawfully due to
25 any general creditors:
The words "The Court" mean the High Court of Chancery :
The words " The Rolling Stock Deed " mean the assignment
hereinbefore mentioned, of rolling stock and other pro¬
perty of the Company to trustees.
3Q 4. Save as is hereinafter provided, from and after the passing Stay of Proceed-
of this Act, no actions, suits, executions, attachments, or other pro- mDS"
ceedings against the Company, or affecting the property thereof,
except proceedings against the Company as carriers of goods or
passengers, or in respect of liabilities contracted after the
[40] C
6 The London, Chatham, and Dover Railway ( Arrangement) Act, 1867.
passing of this Act, shall be continued or commenced during the
period hereinafter defined, and referred to as " the suspense period,"
unless with the leave of the Court, and upon such terms as the Court
may impose : Provided, That the costs of any actions, suits, execu¬
tions, attachments, or other proceedings against the Company or 5
affecting the property thereof, which shall he discontinued pursuant
to this Clause, shall he in the discretion of the Court, and, if allowed,
shall be added to the debt.
Application of 5. From and after the passing of this Act, the functions of any
money in Court and # ° d
in hands of He- Receivers heretofore appointed on behalf of any Debenture holders, 10
ceivers
in any causes over any part of the property of the Company shall,
as regards all tolls or sums of money thereafter accruing absolutely
cease, and upon the application of the Board, or of the respective
plaintiffs in any causes in which Receivers of any part of the property
of the Company have been appointed on behalf of Debenture 15
holders, the Court may in its discretion, in the first place provide
out of any sums standing to the credit of such causes, or in the
hands of the Receivers, for all the costs of such causes, and
may in its discretion direct the balance of all such sums as afore¬
said to be transferred to the Company, and may in its discretion 20
discharge the Receivers upon passing their accounts.
Suspense period 6. The suspense period shall he a period of ten years from the
defined. . n . -, . A
passing 01 this Act.
Suspension of 7. From and after the passing of this Act, and thenceforth
powers ot manage- _ . _
ment. during the suspense period, and until the powers of the Board 25
and of the Mortgage Directors under this Act shall have ceased,
the powers conferred on the former Board of Directors and on
the Shareholders of the Company in General Meeting by the Com¬
pany's Acts and the Acts incorporated therewith shall be in abeyance,
and the management of the Company shall be vested in the Board as 30
hereby constituted, subject only to such powers as are by this Act
given to Shareholders and Mortgagees respectively in General '
Meeting.
Constitution of the 8. The Board shall consist of eight Directors, four being
Board. 0 7 °
Mortgage Directors to represent the Mortgagees, and four being Share 35
Directors to represent the Shareholders ; the Chairman of the Board
The London, Chatham,, and Dover Railway (Arrangement) Act, 1867. 7
shall be a Share Director, and the Vice-Chairman a Mortgage
Director, and the Chairman shall have a casting vote in addition to
his own vote, excepting in cases where the two classes of Directors
differ upon a question affecting, or deemed by either class of
5 Directors to affect, the interests represented by them respectively.
9. William Edward Hilliard, Grosvenor Hodgkinson, and As to first Board.
Henry De Grey Warter, Esquires, shall be three of the first Share
Directors^ and Joshua Dixon, Richard Hodgson, and Henry Jelf
Sharp, Esquires, shall be three of the first Mortgage Directors ; and
10 until the numbers of the Board shall have been completed as herein¬
after directed, the Directors above named shall have all the powers by
this Act conferred upon the Board.
10. The fourth Share Director shall be elected by the Share- Providing for
holders present personally or by proxy at a General Meeting of fillmg up Boa •
15 Shareholders, to be called by the Share Directors within two months
after the passing of the Act ; and the fourth Mortgage Director shall
be elected by the Mortgagees present personally or by proxy at a
General Meeting of Mortgagees, to be called by the Mortgage
Directors within two months after the passing of the Act.
20 11. Upon any vacancy or vacancies occurring in the Share As to vacancies in
Directors, the remaining Share Directors shall, as soon as practicable
after the occurrence thereof, cause a General Meeting of the Share¬
holders to be called at some convenient time and place ; and at such
Meeting the Shareholders present, personally or by proxy, shall
25 elect a new Share Director or new Share Directors to supply such
vacancy or vacancies ; and upon any vacancy or vacancies occurring
in the Mortgage Directors, the remaining Mortgage Directors shall,
as soon as practicable after the occurrence thereof, cause a General
Meeting of the Mortgagees to be called at some convenient time and
SO place ; and at such Meeting the Mortgagees present, personally or
by proxy, shall elect a new Mortgage Director or new Mortgage
Directors to supply such vacancy or vacancies.
gs of
12. Separate General Meetings of Shareholders and Mort- AstoMeetm
. _ nil -I on ~r~\ * -it Shareholders and
gagees, respectively, shall be called by the fehare Directors and the Mortgagees.
35 Mortgage Directors respectively, and held half-yearly in the last
[40]
8 The London, Chatham, and Dover Railway ( ) Act, 1867»
weeks of February and August in every year, which Meetings shall
be called the Ordinary Meetings of Shareholders and Mortgagees
respectively; all other Meetings shall be called Extraordinary
Meetings.
As to rotation of 13. At the February Ordinary Meeting of the Shareholders 5
J-/liGCIOIu»
in every year one Share Director shall retire in rotation, with liberty
to offer himself for re-election ; and at the February Ordinary
Meeting of Mortgagees in every year one Mortgage Director shall
retire in rotation, with liberty to offer himself for re-election ; and
the vacancies so occasioned shall be filled up at the said Meetings by ] q
the Shareholders and Mortgagees respectively present personally or by
proxy. The Original Share Directors, including the fourth Share
Director, to be elected as hereinbefore provided, shall retire in such
order as they shall themselves determine, and in default of agreement
by lot; and after they have all retired, the subsequently elected or 15
re-elected Share Directors shall retire in the order of the dates of
their elections or last re-elections, as the case may be; and the
Original Mortgage Directors, including the fourth Mortgage Director,
to be elected as hereinbefore provided, shall retire in such order as
they shall themselves determine, and in default of agreement by lot ; 20
and after they have all retired, the subsequently elected or re-elected
Mortgage Directors shall retire in the order of the dates of their
elections or last re-elections, as the case may be.
Providing for half- 14-. At all the Ordinary Meetings of Shareholders and Mort-
Repoits, &c. gagees respcctively, half-yearly Reports and Statements of Account, 25
to be prepared by the Board, shall be submitted to the Shareholders
and Mortgagees respectively.
As to Convening
of Meetings.
15. All Meetings of Shareholders and Mortgagees respectively
shall be convened by the like notice as by " The Companies Clauses
" Consolidation Act, 1845," is required to be given of a General 30
Meeting.
Chairman at Meet- 4(3. At every Meeting of Shareholders the Chairman shall be
one of the Share Directors, to be chosen by the Share Directors, or in
the absence of all the Share Directors any Shareholder to be chosen
by the Meeting ; and at every Meeting of Mortgagees the Chairman 35
mgs.
The London, Chatham, and Dover Railway ) Act, 1867. 9
shall be one of the Mortgage Directors, to he chosen by the Mortgage
Directors, or in the absence of all the Mortgage Directors any
Mortgagee to be chosen by the Meeting.
17. At every Meeting of Shareholders every Shareholder shall Votes at Meetings.
5 have the like powers of voting, whether personally ^ or by proxy,
•v*
and the Meeting shall be conducted as nearly as may be in the like
manner as a Meeting of the Company before the passing of this
Act ; and at every Meeting of Mortgagees every Mortgagee shall
have one vote for every one hundred pounds of Mortgage held by
10 him, and shall have the like powers of giving his vote either
personally or by proxy, and the Meeting shall be conducted as
nearly as may be in the like manner as if it were a Meeting of
Shareholders in a Company under " The Companies Clauses Con-
" solidation Act, 1845."
15 18. The Board shall at their first Meeting in every year For appointment
appoint some person as Arbitrator for the ensuing year, and if any ofPermanent refeiee-
difference shall at any time arise in the Board between the Mort-
gage Directors on the one hand, and the Share Directors on the
other, touching any matter wherein the interests represented by
20 them respectively are deemed either by the Share Directors or by
the Mortgage Directors to be affected, such difference shall be
from time to time referred to the said Arbitrator, or in default
of the appointment of such Arbitrator by the Board, then to an
Arbitrator to be nominated by the Board of Trade, on the appli-
25 cation of the Board; and the Arbitrator may, on application made
to him by the Board, attend at any Meeting of the Board, and
summarily decide any such matter of difference ; and every award
or decision of such Arbitrator shall be final with respect to the
matters submitted to him ; and the said Board, or the Board of
80 Trade as the case may be, may fix the remuneration to be paid
to such Arbitrator : Provided always, that if any matter which may
have been referred to the Arbitrator shall be left undecided by him
at the expiration of his year of office, the same matter shall be
decided by the said Arbitrator, and his decision shall be binding
35 although he may no longer fill the said office.
[40]
D
10 The London, Chatham, and Dover Railway (Arrangement) Act, 1867.
Powers of the 19. The Board shall have the seal of the Company, with
X3oard
power in the name of the Company at their own discretion to sue
and do all acts, and enter into all contracts and agreements, and
exercise all powers which the former Board of Directors or the ,
Company in General Meeting could heretofore have done, entered 5
into, or exercised, and shall also have power in the name of the
Mortgage Directors to enforce against all Shareholders in the Com¬
pany and other persons, all claims which might have been enforced
by the Debenture holders or other Creditors of the Company, or any
of them, whether the same could or could not have been enforced iq
by the Company ; and for this last purpose all the rights of all
Debenture holders, or other creditors of the Company, shall be and
be deemed to be vested in the Mortgage Directors, but not so as to
deprive any Debenture holder or other Creditor of any remedy to
which he would otherwise be entitled against such Shareholders and 15
other persons, and the Directors appointed by or in pursuance of this
Act shall not be personally liable for acts done by them in their
capacity as Directors, and shall be indemnified out of any of the
assets of the Company against all loss and damage which may accrue
to them in their said capacity. 90
As to powers and 20. The following provisions oï " The Companies Clauses
proceedings of Board. « Consolidation Act, 1845," with respect to the proceedings of
Directors, shall, subject to the provisions of this Act, apply to the
Board of Directors appointed under the powers of this Act;
namely : 25
Section 92 with respect to Meetings, Quorum, and Votes :
Section 94 with respect to Occasional Chairman of Directors :
Section 95 as to Committees of Directors :
Section 9 6 as to Meetings of Committees ;
Section 97 as to Power to make Contracts : 30
Section 98 as to Entry of Proceedings :
Section 99 providing that acts of Directors shall be valid,
notwithstanding defects in their appointment.
The London,Chatham, and Dover Railway (.) Act, 1867. 11
21. The following provisions shall relate to the Auditors oi As t0 -Auditors,
the Company :
(a) The Shareholders, at their first ordinary Meeting after
the passing of this Act, shall elect one Auditor ; and the
g Mortgagees, at their first ordinary Meeting under the
provisions of this Act, shall elect one Auditor ; and it
shall not be necessary for the Auditor so chosen by the
Mortgagees to be either a Shareholder or Mortgagee.
(b) The said Auditors shall go out of office at the ordinary
10 Meetings of Shareholders and Mortgagees, to be held in
the month of February, in the year one thousand eight
hundred and sixty-nine, and thenceforward during the
suspense period shall go out of office at the ordinary
Meeting in February of Mortgagees and of Shareholders
15 respectively in each year, but shall be immediately
re-eligible.
(c) If an Auditor elected by Shareholders or Mortgagees
vacates his office either by death, resignation, or other¬
wise during the current year, his place shall be supplied
20 at the next half-yearly Meetings of Shareholders or of
Mortgagees respectively, as the case may be.
(d) The Directors shall deliver to the Auditors the half-
yearly accounts fourteen days at least before the ensuing
ordinary Meeting of Shareholders and Mortgagees re-
25 spectively, and it shall be the duty of the Auditors to
examine and audit such accounts, and it shall be lawful
for the Auditors to employ such Accountants and other
persons as they may think proper at the expense of the
Company ; and the Auditors shall either make a special
30 Report on the said accounts or simply confirm the same,
and such Report or confirmation shall be read, together
with the Report of the Board, at the ordinary Meetings
of Shareholders and Mortgagees respectively.
22. The following provisions shall apply to lands acquired As to superfluous
Iftnds
g g by the Company, and not required by them for the purposes of their
undertaking :—
[40]
12 The London, Chatham, and Dover Railway (Arrangement) Act, 1867.
Subject to the provisions of " The Lands Clauses Consolida¬
tion Act, 1845," with respect to the sale of superfluous
lands, the Board may grant building or repairing leases
of such lands within the limits of the Metropolis as
defined by " The Metropolis Local Management Act, 5
"1855," and may sell the said lands subject to such
leases :
The exercise of the powers granted to the Board by this
enactment shall not prejudicially affect, but shall in all
respects be subject to, the rights of any unpaid Vendor, 10
or Incumbrancer of or on the respective lands over
which the said powers are proposed to be exercised.
Application ci pro- 23. The net sale moneys and rents derived from the super-
land! °f superfluous fluous land, after payment of all incidental expenses, shall be applied
to the following purposes, in the order specified : 15
1. In satisfaction of the vendor's liens and of all other valid
liens, charges, or incumbrances on the lands from which
such sale moneys and rents shall respectively have been
dei'ived :
2. In payment of the moneys due to vendors or parties 20
having charges, liens, or incumbrances upon land be¬
longing to the same section as the lands from which
such sale moneys and rents shall respectively have been
derived, and after such payment at the discretion of the
Board to any other purpose of such Section : 25
3. In payment of the moneys due to other vendors of land.
Power to issue 24. It shall be lawful for the Board to create and issue
Debenture Stocks. t^i <n
in the name of the Company, Debenture Stocks of three classes,
to be called A, B, and C Debenture Stocks respectively, to be
' permanently, until redeemed, charged upon the entire Undertaking, 30
and to be redeemable or irredeemable, and to be subject to the con¬
ditions hereinafter specified ; but none of the said Debenture Stocks
shall operate as a charge upon superfluous lands conveyed by the
The London, Chatham, and Dover Railway (Arrangement) Act, 1867. 13
Company, or shall prejudicially affect any specific lien, or charge, or
incumbrance on any such lands.
25. " A " Debenture Stock shall not exceed in amount six , As t(',"A" De~
benture Stock.
hundred thousand pounds, and shall be issued at par, and bear
5 interest at a rate not exceeding six per centum per annum, and shall
have priority over all existing mortgages, and the Deferred Dividend
Warrants issued in respect thereof, the holders of which mortgages
shall consent, in writing, in the form set forth in the schedule
hereto, or in a form to the like effect, to be postponed to the said
10 Debenture Stock, but not over any such mortgages, the holders of
which shall not consent to such postponement : Provided That the
consent of a Mortgagee shall be binding on every subsequent holder
of the mortgage deriving title from such consenting Mortgagee ;
Provided also, That the Board shall send by post to all Mortgagees,
15 at their last known place of abode, a copy of the Circular contained
in Schedule III. to this Act.
26. The monies raised by the issue of "A" Debenture Stock Application of pro-
v ceeds of" A. " Stock
may be applied, in such order and proportion as the Board in their
discretion shall think fit, to any of the following purposes :
20 1. In or towards the purchase from the trustees of the Rolling
Stock Deed, of the interest of the General Creditors in the
property comprised in the said deed, or in the monies
received or receivable as rent for the same, after payment
out of such rent of the costs and expenses attending the
25 trusts of the said deed, and all other their interest under
the said deed, at such price, not less than seventy-five
thousand pounds, as shall be determined by arbitration,
or by the Court ; upon the completion of which pur¬
chase, all the rolling stock and other property mentioned
30 in the Rolling Stock Deed, or comprised therein, and
the monies received or receivable as rent or otherwise,
shall thereupon become and be part of the security of
the Mortgagees as if such Rolling Stock and other
property had been originally comprised in their mort-
35 gages, but without power of sale during the suspense
period, and, subject thereto, shall be at the disposal of
the Board, free from all claims of general creditors, or
[40] E
14 The London, Chatham, and Dover Railway {Arrangement) Act, 1867.
of the trustees of the said deed, or of any other persons,
and the price so paid as aforesaid shall be divided by
the trustees of the said Deed rateably among the General
Creditors in proportion to their several debts.
'2 In or towards such outlay on works and other expenses as 5
the Board, in their discretion shall deem to be of press¬
ing importance for the efficient working, maintenance,
and management and development of the Undertakings of
the Company.
3. In or towards repayment of the sums expended on account 10
of Capital out of the monies received by the Receivers.
4. In or towards defraying the costs incurred by the Com¬
mittee of Investigation appointed by the Shareholders to
enquire into the affairs of the Company, and the costs of
any accountants or other persons employed by the said 15
Committee, or with relation to the said enquiry ; such
costs not to exceed in the whole the sum of two thousand
pounds.
5. In or towards any of the purposes to which the proceeds
of superfluous lands are applicable under the provisions 20
hereinbefore contained.
Provided, That not less than one hundred thousand pounds out
of the monies so raised shall be applied in or towards satisfaction of
the claims of unpaid vendors of lands.
Conditions of "K" 27. "B" Debenture Stock shall hear interest at a rate not 25
ock.
exceeding five pounds per centum per annum, and shall rank after
all mortgages as hereinbefore interpreted existing at the time of the
passing of this Act, but, subject thereto, shall rank in priority over
the entire Undertaking next after "A" Debenture Stock. "B"
Debenture Stock shall be issued for the following purposes : 30
In substitution upon the demand of any Debenture-holder
for equal amounts of existing Debentures which shall
thereupon be cancelled :
The London, Chatham, and Dover Railway (Arrangement) Act, 1867. 15
In lieu of ail equal amount of deferred Dividend Warrants
issued under the powers hereinafter contained :
In exchange for equal amounts of Debentures, if any, not
exceeding the sum of one hundred and fifty thousand
5 pounds in the hands of bonâ fide holders, which may
have been issued in excess of the powers of the
Company : such "B" Debenture Stock to bear interest
at the rate of five per centum per annum, and the
said bona fide holders shall have a right to demand such
10 exchange; but the said "B" Debenture Stock shall not
be issued in exchange for certain other Debentures,
amounting to about one hundred and twenty-eight thousand
pounds, charged upon the City Lines Section, and forming
part of the first issue of Debentures on the City Lines,
15 such issue having been made to or through the Con¬
tractors, until the validity thereof shall be established ;
but it is hereby expressly declared, that nothing herein
contained shall be taken in any way to impugn the
validity of, or to give validity to, the said last-named
20 Debentures.
28- The Board shall issue Deferred Dividend Warrants bearing Providing for Ar-
rears of Interest.
five per centum interest per annum in respect of all interest now due,
or from time to time accruing due and remaining unpaid, on any
Mortgages, which Warrants shall confer on the holders thereof
25 the same rights as regards the payment thereof, and the interest
accruing thereon as the Mortgages in respect of which they are
issued : Provided, That instead of such Deferred Dividend War¬
rants the Board may, with the consent of the person entitled to
such interest, issue in respect thereof " B " Debenture Stock, bear-
30 ing interest at the rate of five per centum per annum.
29. " C " Debenture Stock shall bear yearly interest at the rate Conditions of " C "
of five pounds per centum, and shall rank in priority over the entire k'
Undertaking next after "B" Debenture Stock. "C" Debenture Stock
shall be issued at par in exchange for equal amounts of general
35 debts to any G-eneral Creditor who shall demand the same: Provided
that it shall be lawful for the Board to state accounts, compromise,
and ascertain general debts by arbitration or otherwise, with general
[40]
16 The London, Chatham,and Dover Railway 1867.
creditors, and to issue "G" Debenture Stock for the amounts so stated
compromised, or ascertained.
Powers to Trustees 30. It shall be lawful for all trustees, executors, and adminis-
and others. 4 # . .
trators, corporations, and married women, holding or being entitled
to or interested in any mortgage or general debt upon any trust 5
or otherwise, and for the guardians and committees respectively
of any infants and lunatics respectively, who may hold or be entitled
to, or interested in any mortgage or general debt, to accept any offer
of Debenture Stock made to them under the provisions aforesaid,
and to exercise all or any of the powers of voting or consenting, To
and other powers and discretions by this Act given to Mortgagees
and General Creditors respectively.
come.
Application of in- 31. The income received by the Board shall be applied to the
following purposes in the order specified :
1. In payment of all working and incidental expenses, and 15
of all rates and tithes, and of all annual rent charges
payable by the Company in pursuance of the tenth Section
of " The Lands Clauses Consolidation Act, 1845," or of
" The Lands Clauses Consolidation Acts Amendment
" Act, 1860 and also of rents or sums in the nature of 20
rent from time to time payable to the Sittingbourne and
Sheerness Railway Company, the Victoria Station and
Pimlico Railway Company, and the Mid-Kent Railway
(Bromley to St. Mary's Cray) Company, and to any other
Company who shall establish their rights to such rent or 25
sums in priority over Debentures :
2. In payment of any sums which may be required for the
immediate completion of'such purchase as is hereinbefore
authorised from the Trustees of the Rolling Stock Deed,
subject to the amount so paid being recouped to income out 30
of the first moneys raised by the issue of " A " Debenture
Stock, or available for that purpose out of the proceeds
of superfluous lands :
3. In payment according to their classes and priorities, and out
of such part of the income as is appropriated thereto 35
The London, Chatham, and Dover Railway (.Arrangement) Act, 1867. 17
respectively, of current interest or dividend on all
Mortgages and Deferred Dividend Warrants :
Provided, That any increase of the net revenues which would
otherwise be applicable to payment of interest or dividend to holders
5 of any such Mortgages, beyond the amount of such revenues shown
by the published accounts of the Company to have been earned in
the year ending the thirtieth day of June, one thousand eight
hundred and sixty-seven, shall to the extent of thirty thousand
pounds per annum, as well after as during the suspense period,
10 be applied first in payment of interest to the holders of "A"
Debenture Stock, until such interest shall be paid in full.
4. In or towards any of the purposes to which the proceeds
of "A" Debenture Stock are applicable under the pro¬
visions herein contained.
15 5. The surplus to be divided among the Shareholders, accord- •
ing to their rights and priorities.
Provided, That when by reason of having consented to be
postponed to uA " Debenture Stock as aforesaid, or from any other
cause, the holder of any Mortgage shall not have been paid, or not
20 paid in full, the amount of the interest or dividend payable to him,
Deferred Dividend Warrants as hereinbefore provided, or " B "
Debenture Stock, shall be given for the amount so payable.
32. The Board shall keep separate accounts of all the par- Adjustment of ac-
ticular Undertakings, sections, and capitals, and shall debit the same c0lints-
25 respectively, with all monies or Debenture Stock applied in redemp¬
tion of their respective mortgages or otherwise for their benefit, and
credit the same respectively, with all monies derived therefrom or
payable thereto as between them and the other particular Under¬
takings, sections, and capitals ; and in such accounts interest at the
30 rate of five pounds per centum per annum shall be debited and
credited respectively, except where payments shall be made in satis¬
faction or redemption of debt carrying any other rate of interest, in
which case such other rate of interest shall be substituted for the
said rate of five pounds per centum, to the intent that any rights and
35 liabilities of the particular Undertakings, sections, and capitals in
[40] F
18 The London.. Chatham, and Dover Railway (Arrangement) Act, 1867.
account between themselves, may remain undisturbed, but not so as
to prejudice any Debenture Stock created under the powers of this
Act.
Powers to the 33. And with respect to the powers of the Court of Chancery
Court of Chancery. c
and applications to the said Court : 0
The Board, or the Share Directors, or the Mortgage Directors
may at any time apply summarily, or by petition or motion to
the Court, touching any of the following matters, namely :
*
1. The validity, amount, or priority of any Mortgages, Shares,
claims or classes thereof, having regard to the provisions 10-
of this Act :
2. The application of any funds in or coming to the hands
of the Board :
3. Any Lease, working or traffic Agreement, or any Contract
or other engagement between the Company and any other 15
Company or persons, and the respective rights and
liabilities of the Company, its Mortgagees, General
Creditors,- or Shareholders, or any of them, and any
Companies and persons in respect thereof :
4. Any other matter in which the interposition of the Court 20
is hereby expressly authorised, or as to which such inter¬
position may be expedient for the more perfect execution
of this Act :
And any Mortgagee, General Creditor, or Shareholder, or
person claiming to be such respectively, or any Company claiming 25
in respect of any lease, working or traffic agreement, or any contract
or other engagement with the Company, or any person having
any charge, lien, or claim upon any property of the Company, may
at any time apply summarily or by petition or motion to the Court
touching any of the following matters : 30
1. The validity, amount, or priority of his or their mortgage,
debt, share, charge, lien, or claim, lease, agreement,
contract, or other engagement :
The London, Chatham, and Dover Railway (.) Act, 1867. 19
2. Any alleged breach or neglect of duty on the part of the
Board, in the execution of this Act :
And any such application as aforesaid may be made either to the
Master of the Rolls or any Vice-Chancellor in the first instance or
5 (at the option of the party or parties applying) to the Court of
Appeal in Chancery ; and the decision of the Court of Appeal in
Chancery, whether on appeal from the Master of the Rolls,
or a Vice-Chancellor, or on an original application, shall be final
without further appeal, or without appeal from the said Court of
10 Appeal, as the case may be, unless by special leave of the Court if
they should deem an appeal to the House of Lords desirable, but not
so as to prevent a rehearing before the said Court of Appeal if the
Court shall so direct, and on any original application to the Court
of Appeal the Court may, if it thinks fit, direct that the further
15 prosecution of the suit shall, subject to such declaration of right, or
other order as the Court may think fit to make, be conducted, or that
any inquiry or inquiries shall be made before the Master of the
Rolls, or a Vice-Chancellor.
34. Upon any application to the Court the Court may give Power of the Court
20 directions as to the person or persons to be served, and may
approve or select persons to represent such classes and interests as in
the judgment of the Court ought to be represented, and, for this or
any purpose connected with such application, may direct advertise¬
ments and settle lists of mortgagees, general creditors, and share-
25 holders, and the classes thereof, and determine the validity, amount,
and priority of all mortgages, general debts, and shares and classes
thereof, and may adjust all matters and questions brought before it
under the authority of this Act between the various Undertakings,
sections, and capitals of the Company, and between the Com-
30 pany, its mortgagees, general creditors, or shareholders, or any
of them, and any other Companies and persons, in respect of any
lease, working or traffic agreement, or any contract or other
engagement, and may determine all other matters brought before
it under the authority of this Act, and may modify its practice
35 whether in Court or in Chambers, for any of the purposes
aforesaid, in such manner as it may deem advisable, and may
direct such inquiries and proceedings in Chambers as it may
think fit, and may adjourn any matter from Court to Chambers or
[40]
20 The London, Chatham, and Lover Railway ( Arrangement') Act, 1867
from Chambers to Court as it may deem advisable, and may make
such declarations and orders as it shall deem just in any of the
matters aforesaid ; and all such declarations and orders shall he
binding upon all persons and classes interested, or such of them as
the Court shall declare or direct, whether such persons and classes 5
shall have been actually present at the proceedings, or have been
represented thereat only by persons approved or selected by the Court
for the purpose, or shall otherwise in the judgment of the Court have
been adequately represented by the persons present at such proceed¬
ings or some of them, and the Court on any such application may 10
adopt so much as it may think fit of any proceedings instituted before
the passing of this Act.
-Remuneration of 35< The remuneration of the Board shall be the sum of two
Directors.
thousand pounds per annum, subject to such increase if any as shall be
approved by a General Meeting of Mortgagees, and also by a General 15
Meeting of Shareholders, and the same shall be apportioned as the
Board shall determine.
Saving rights of 36. Nothing herein contained shall affect the rights and
certain Landowners. # >
remedies of The Ecclesiastical Commissioners for England, William
Edward Cooper and Richard Stocker, respectively, or the rights and 20
remedies of the Imperial Mercantile Credit Association, Limited, or
any Company or person claiming through or under them in respect of,
or in relation to, a certain alleged mortgage or charge on certain lands
of the Company, purporting to have been created on or about the 21st
day of February, 1866, or to the proceeds of the sale of the said 25
lands, so far as the Court of Chancery may hereafter hold the said
Imperial Mercantile Credit Association, Limited, or any Company
or person claiming through or under them entitled to such proceeds ; ■
and in order to enforce which said alleged mortgage or charge a
suit has been instituted in the High Court of Chancery by the said 30
Association, to which said suit and to the said lands, until freed
from the said alleged mortgage or charge, the provisions of this Act
shall not apply.
Saving rights of 37. In case the General Credit and Finance Company of London
Company?* ^ ' (Limited) and the General Credit and Discount Company (Limited) 35
shall, under the suit which has been instituted in the Court of
The London, Chatham, and Dover Railway (Arrangement) Act, 1867. 21
Chancery, and which is not to be stayed under this Act, in
relation to a certain alleged Mortgage or charge on certain lands
of the Company, purporting to have been created on or about the
twenty-first day of February, one thousand eight hundred and sixty*
5 six, establish their right to such charge, and to be paid any sum of
money in respect thereof, then without prejudice to the said Limited
Company's rights against other parties the Company shall within
twelve months from the Decree or Order establishing such right pay
to the said Limited Company the sum or sums by such Decree
10 recognised, with interest at five per centum per annum from the date
of such Decree, and their reasonable costs, charges, and expenses
which may have been incurred in the said suit ; and upon such pay¬
ment being made within the period aforesaid, the said Limited
Company shall, if and when required by the Board, release the said
15 lands to the Company : Provided, That within the Suspense Period
the said Limited Company shall not seize, sell, or do anything to
interfere with the user by the Company of any of the said lands.
38. The enactments contained in Section 4 of this Act with ,,SaT.ns right5 of
Mr. Bigge,
regard to staying of actions, suits, and other proceedings, shall not
20 be taken to extend to any cause of action which shall accrue after
the passing of this Act in respect of interest which shall accrue due
to Harry John Bigge, clerk.
39. All sums which at the time of the passing of this Act are due Providing for
.. Interest due to Ec-
by the Company to the Ecclesiastical Commissioners for England, for ciesiastical Commis-
25 interest on purchase moneys owing to the Commissioners, shall be S10ne s-
paid within three months from the passing of this Act, or if not so paid
shall be added to the said purchase moneys ; and interest on the aggre¬
gate sum formed by the addition thereof to the said purchase moneys
shall accrue from the time of the passing of this Act, and shall be
30 paid half-yearly.
gc
40. The Great Northern Railway Company shall, in respect As to «ait-char
of the rent-charge created in their favour by " The London, Chatham, Northern Railway
" and Dover Railway (City Undertaking) Act, 1864," have all the Company
same rights and priorities as mortgagees under this Act as are by
35 this Act conferred on the holders of Shares or Stock in any rent-
charge,
[40] G
22 The London, Chatham, and Dover Railway ( ) 1867.
Me®r'nMartfntS °f 41. The Company shall, within twelve months from the
passing of this Act, pay to John Martin, James Martin, and Robert
Martin the sum of eight thousand eight hundred and forty-three
pounds four shillings and three pence, with interest at five pounds
per centum from'the eighth day of June, one thousand eight hundred 5
and sixty-seven, and their reasonable costs, charges, and expenses
which may have been subsequently incurred in any suit in relation
to the leasehold hereditaments and premises comprised in their
memorandum of deposit of the second May, one thousand eight
hundred and fifty-nine, and upon such payment being made within 10
the period aforesaid, the said John Martin, James Martin, and Robert
Martin shall, if and when required by the Board, release the said
leasehold hereditaments and premises to the said Company :
Provided, That within the suspense period the said John Martin,
James Martin, and Robert Martin shall not seise, sell, or do anything 15
to interfere with the user of any lands on which the Railway is
constructed, or which may be used for any of the purposes thereof.
Savings rights of 42. Nothing herein contained shall prejudice or affect,
various Railway . -i . • i , i • n .1 /r* i tt a.
Companies. diminish, increase, or vary any rights or remedies 01 the Mid Kent
Railway (Bromley to Saint Mary's Cray) Company, The Seven- 20
oaks, Maidstone, and Tonbridge Railway Company ; The Victoria
Station and Pimlico Railway Company ; the Great Western Railway
Company ; The Crystal Palace and South London Junction Railway
Company ; and The Kent Coast Railway Company, respectively :
Provided, that nothing herein contained shall be deemed to 25
give to any of the said Companies any further or other rights or
remedies affecting the property heretofore comprised in the Rolling
Stock Deed, or any part thereof, than the said Companies respectively
would have had while such property remained vested in the Trustees
of the said deed upon the trusts thereof. 30
As to Metropolitan 43. And whereas the holders of Shares in the Metropolitan
Extension Shares. . .
Extensions of the Company insist that they are entitled in priority to
all claims whatsoever, except the claims of Debenture holders of the
Metropolitan Extensions, to the gross receipts of the Metropolitan
Extensions, after deducting for working expenses the amounts by " The 35
"London, Chatham, and Dover Railway (Metropolitan Extensions)
" Act, 1860," in that behalf authorised ; and further that the Company
The London, Chatham, and Dover Railway (Arrangement) Act 1867. 23
or its General Undertaking is indebted to the Metropolitan Extensions
Undertaking in a large sum, and that such debt ought to be satisfied
out of the assets of the Company in priority to the payment of any
principal or interest on any mortgages other than mortgages of the
5 Metropolitan Extensions : Now it is hereby enacted and declared
that saving the prioxity hereby given to the "A" Debenture Stock,
nothing herein contained shall affect such priorities (if any) as
aforesaid.
44. Nothing in this Act contained shall in any way prejudice Saving Agreements
10 or affect the validity of the Agreement of the first of August, one
thousand eight hundred and sixty-seven, which forms the Fourth
Schedule to this Act, nor of any of the Agreements or Deeds referred
to in such last-mentioned Agreement, nor prejudice or affect any of
the rights or remedies thereunder of the several persons and co"
15 partnership firms parties thereto respectively : Provided always,
That nothing in this Act, or in the said Agreement of the first of
August, one thousand eight hundred and sixty-seven, or in the Agree¬
ments or Deeds therein referred to, shall confer, or be construed to
confer, any right or power of sale of the lands on which the Railway
20 is constructed, or which are now absolutely used for the purposes of
the Railway.
45. Nothing in this Act shall take away, lessen, prejudice, Saving rights of
... . Sittingbourne and
alter, or affect any of the estates, rights, interests, powers, claims, and Sheerness Railway
demands of the Sittingbourne and Sheerness Railway Company, or Comi1any'
25 any of their Mortgagees or other Creditors or Shareholders ; but the
same shall continue and be in all respects the same as if this Act
were not passed.
46- Nothing in this Act shall be deemed to apply to or affect Saving lands vested
" 11 J in Board of Trade.
any of the lands and property vested in the Board of Trade by "The
30 " Harbours and Passing Tolls, &e., Act, 1861," or in any way to
affect any agreement between the Board of Trade and the Kent
Coast Railway Company, or between the Board of Trade and the
Company, nor shall anything in this Act takeaway, lessen,prejudice,
alter, or affect the estates, rights, powers, claims, and demands of the
35 Board of Trade as the owners of the Royal Harbour of Ramsgate.
47- If any one or more interested in the Western Extension Providing for con-
version, of "Wes t i n
rent-charge shall at any time accept in lieu of his, her, or their share Extension Shares.
[«]
24 The London, Chatham, and Dover Railway (Arrangement') Act, 1867.
in such rent-charge any Stock created under the powers of this Act,
such acceptance shall in nowise affect or invalidate the priority or
remedies of any other person so interested who shall not accept such
Stock, hut such priority and remedies shall continue as they existed
before any acceptance of such Stock. 5
Saving existing 48. Excepting as by this Act is expressly provided, nothing
& in this Act contained shall alter the rights or priorities of any
classes of Shareholders or of Mortgagees, or shall give validity
to or shall invalidate any alleged or actual Lease, Agreement,
Rent Charge, Debenture, Share, Security, or Claim of in or affecting 10
the Company or its Undertaking, or to which the Company is party.
Repealing provi- 49. And whereas by the Twenty-first Section of the Com-
sions as to Sinking ^ #
Bund—24&25Yict. pany's (Various Powers) Act, 1861, it is provided that the Company
o 230 sect 21 * 28
& 29 Vict., c. 249, shall in every half-year set apart a sum of two thousand five hundred
bect ' pounds out of profits defined by the Act for the redemption within 15
twelve years of a certain sum of sixty thousand pounds, authorised by
the said Act to be raised for the discharge of certain arrears of
Guaranteed Dividend, and the same Section prohibits the Company
from paying dividend on any of its Ordinary Share Capital after the
expiration of twelve years, unless the said sum of sixty thousand 20
pounds has been redeemed : And by the Fifty-fourth Section of the
Company's (Various Powers) Act, 1865, the provisions of the Act
of one thousand eight hundred and sixty-one were varied and ex¬
tended, it being by the said Fifty-fourth Section provided that the
period for redemption should be fifteen years, that the fund to be 25
provided for such redemption shall be five thousand six hundred and
sixty-six pounds thirteen shillings and four pence set aside half yearly,
and that the amount to be redeemed shall be one hundred and ten
thousand pounds, in addition to the said sum of sixty thousand pounds,
and inasmuch as the setting aside of the said sum annually for the 30
purposes of a sinking fund would be in the present circumstances
of the Company illusory, the said provisions are hereby repealed;
and the Company shall no longer be required to set aside the said
sums or any part thereof for the purposes mentioned in the said
Sections. 35
Deposits for future 50. The Company shall not, out of any money by this Act
Bills not to be paid n-nn
out of Capital raised authorised to be raised, pay or deposit any sum which by any
under this Act.
The London, Chatham,and Dover Railway (.Act, 1867. 25
Standing Order of either House of Parliament now or hereafter in
force, may be required to be deposited in respect of any application
to Parliament for the purpose of obtaining an Act authorising the
Company to construct any other Railway, or to execute any other
5 Work or Undertaking.
51. Nothing herein contained shall be deemed or construed Provision Go¬
to exempt the Company from the provisions of any General Act
relating to Railways or to the better or more impartial audit
of the accounts of Railway Companies now in force, or which
10 may hereafter pass during any future Session of Parliament,
or from any future revision and alteration under the authority of
Parliament of the maximum rates of fares and charges authorised to
be taken by the Company, or of the rates for small parcels.
52. All costs, charges, and expenses of and incidental to the Costs of Act.
15 obtaining and passing of this Act, shall be paid by the Company, in
priority to all other claims.
[40]
H
26 The London, Chatham, and Dover Railway (Arrangement) Act, 1867.
SCHEDULES.
SCHEDULE I.
CONTAINING THE NAMES OF THE ACTS IMMEDIATELY
RELATING TO THE COMPANY.
16 and 17 Vict. Cap. 132, 1853.—An Act for maxing a Railway from Strood
to Canterbury, with Branches to Faversham Quays and Chilham ; the Short Title
of which Act is " Ihe East Kent Railway Act, 1853."
18 and 19 Vict. Cap. 187, 1855.—An Act for enabling the East Kent
Railway Company to extend their authorised line of Railway by the construction of
a Railway from Canterbury to Dover, with two Branches at Dover, to increase their
Capital and for other purposes ; the Short Title of which Act is " The East Kent
" Railway (Extension to Dover) Act, 1855."
18 and 19 Vict. Cap. 94, 1855.—An Act to amend "The East Kent
Railway Act, 1853 ; " the Short Title of which Act is " The East Kent Railway
" Act, 1855."
20 and 21 Vict. Cap. 76,1857.—An Act to amend " The East Kent Railway
" (Extension to Dover) Act, 1855," ; the Short title of which Act is " The East
" Kent Railway (Extension to Dover) Amendment Act, 1857."
21 and 22 Vict. Cap. 51, 1858.—An Act to amend the iVcts relating to
"The East Kent Railway (Extension to Dover);" the Short Title of which Act
is " The East Kent Railway {Extension to Dover) Amendment Act, 1858."
21 and 22 Vict. Cap. 107, .1858.—An Act to enable the East Kent Railway
Company to extend their Railway from Strood to join the Mid-Kent Railway
(Bromley to St. Mary's Cray), and for other purposes connected with their Under¬
taking ; the Short Title of which Act is " The East Kent Railway {Western
" Extension) Act, 1858."
The London, Chatham, and Dover Railway (Arrangement) Act, 1867. 27
22 and 23 Yict. Cap. 54, 1859.—An Act to change the name of the East
Kent Railway Company, and for other purposes connected with their Undertaking ;
the Short Title of which Act is " The London, Chatham and Dover Railway Act,
"1859."
23 and 24 Vict. Cap. 174, 1860.—An Act for the transfer of the Farn-
borough Extension Railway to the London, Chatham and Dover Railway, and for
the dissolution of the West-End of London and Crystal Palace Railway Company
and for other purposes ; the Short Title of which Act is, " The West London and
" Crystal Palace Railway ( Transfer of Farnborough Extension and Dissolution of
" Company) Act, 1860."
23 and 24 Vict. Cap. 177,1860.—An Act for enabling the London, Chatham
and Dover Railway Company to extend their Railway Communications to the
Metropolis, and for other purposes connected with their Undertaking ; the Short
Title of which Act is " London, Chatham, and Dover Railway (Metropolitan
Extensions) Act, " I860."
23 and 24 Vict. Cap. 187, 1860.—An Act for the creation of Capital
Stocks and Debenture Stock of the London, Chatham and Dover Railway Company,
and for other purposes ; the Short Title of which Act is " London, Chatham, and
u Dover Railway {Capital) Act, 1860."
24 and 25 Vict. Cap. 239,1861.—An Act to authorise a lease of the Margate
Railway to the London, Chatham and Dover Railway Company, and for other
purposes ; the Short Title of which Act is " The London, Chatham, and Dover
" Railway (Various Powers) Act, 1861."
24 and 25 Vict. Cap. 240, 1861.—An Act to enable the London, Chatham,
and Dover Railway Company to make certain deviations and junction-lines of Rail¬
way, and for other purposes ; the Short Title of which Act is " The London,
" Chatham, and Dover Railway (Works) Act, 1861,"
25 and 26 Vict. Cap. 163, 1862.—An Act to authorise the extension of the
London, Chatham, and Dover Railway Company to Walmer and Deal, and for
other purposes ; the Short Title of which Act is " The London, Chatham, and Dover
" Railway (Deal Extension) Act, 1862."
25 and 26 Vict. Cap. 224, 1862.—An Act for a lease of the Undertaking of
the Mid-Kent Railway (Bromley to St. Mary's Cray) Company to the London,
Chatham, and Dover Railway Company, and for other purposes ; the Short Title of
which Act is " Mid Kent Railway (Bromley to St, Masry $ Cray ) Leasing and
i( Transfer Act, 1862."
[40] I
28 The London, Chatham, and Dover Railway (Arrangement) Act, 1867.
25 and 26 Vict. Cap, 192, 1862.—An Act to authorise the London, Chatham
and Dover Railway Company to construct additional Works and acquire additional
land in Kent and Surrey, and for other purposes connected with their Undertaking ;
the Short Title of which Act is " The London, Chatham, and Dover Railway
" (.Additional Powers) Act, 1862."
25 and 26 Vict. Cap. 144, 1862.—An Act for effecting Railway Communica¬
tion from the Metropolitan Extension of the London, Chatham, and Dover Railway
to the Crystal Palace at Sydenham ; the Short Title of which Act is " The Crystal
u Palace and South London Junction Railway Act, 1862."
19 and 20 Vict. Cap. 75, 1856.—An Act for making a Railway from Sitting-
bourne to Sheerness, all in the County of Kent, and for other purposes ; the
Short Title of which Act is " The Sittinghourne and Sheerness Railway Act,
" 1856."
20 and 21 Vict. Cap. 151, 1857.—An Act to enable the Sittingbourne and
Sheerness Railway Company to alter the line of levels of portions of their authorised
line and abandon portions, thoreof ; to construct new branches and other Works,
to authorise working arrangements with the East Kent Railway Company to amend
"The Sittingbourne and Sheerness Railway-Act, 1856/' and for other purposes ;
the Short Title of which Act is " The Sittinghourne and Sheerness Railway AcU
" 1857."
22 and 23 Vict. Cap. 90, 1859.—An Act to enable the Sittingbourne and
Sheerness Railway Company to raise additional Capital, to amend the Acts relating
to the Company, and for other purposes; the Short Title of which Act is
" The Sittinghourne and Sheerness Railway Increase of Capital) Act, 1859.
24 and 25 Vict. Cap. SI, 1861.-—An Act to grant further powers to the
Victoria Station and Pimlico Railway Company with reference to their Share and
Loan Capital, and to sanction certain Agreements with the Great Western and
London, Chatham, and Dover Railway Companies, and for other purposes ; the
Short Title of which Act is " The Victoria Station and Pimlico Railway Act,
" 1861."
26 and 27 Vict. Cap. 204, 1863.—An Act to enable the London, Chatham
and Dover Railway Company to extend their Railway to Greenwich, to im¬
prove the communication with the Victoria Station, and to execute certain other
Works in eonnexion with their Undertaking; the Short Title of which Act is
" The London, Chatham, and Dover Railway Act, 1863."
27 and 28 Vict. Cap. 93, 1864.—An Act to empower the Kent Coast
Railway Company to acquire additional lands, and to raise more money, and to
The London, Chatham, and Dover Railway {Arrangement) Act, 1867. 29
make further provisions for the lease of their Undertaking to the London, Chatham,
and Dover Railway Company, and for other purposes ; the Short Title of which Act
is " Kent Coast Railway Act, 1864."
27 and 28 Vict. Cap. 94, 1864.—An Act to empower the Crystal Palace
and South London Junction Railway Company to make a Railway to connect their
authorised Railway with the Greenwich line of the London, Chatham, and Dover
Railway Company, and to let or transfer their Undertaking to the London,
Chatham, and Dover Railway Company, and for other purposes ; the Short Title
of which Act is " The Crystal Palace and South London Junction Railway Act,
« 1864."
27 and 28 Vict. Cap. 96, 1.864.—An Act to authorise the London, Brighton,
and South Coast Railway Company to run Steam Vessels between Littlehampton,
places on the Coast of France and in the Channel Islands ; the Short Title of which
Act is " The London, Brighton and South Coast Railway Company (Steamboats)
Act, 1864."
27 and 28 Vict. Cap. 129, 1864.—An Act to authorise the consolidation of
the separate Capitals of the Sevenoaks, Maidstone, and Tunbridge Railway Com¬
pany ; to extend the existing arrangements between them and the London,
Chatham, and Dover Railway Company ; to authorise the sale or lease of their
Undertaking to that Company, and for other purposes ; the Short Title of which
Act is " Sevenoaks, Maidstone, and Tunbridge Railway Act, 1864."
27 and 28 Vict. Cap. 195, 1864.—An Act to authorise the London, Chat-
4
ham, and Dover Railway Company to construct additional works and acquire
additional lands ; to alter the works and powers (connected with or affecting their
Undertaking) of other Companies, bodies and persons, and to amend the Acts
relating to the above-named Company, to Dover and to Margate, and for other
purposes ; the Short Title of which Act is " London, Chatham, and Dover Railway
"{New Lines) Act, 1864."
27 and 28 Vict. Cap. 212, 1864.—An Act to form into a separate Under¬
taking part of the City Lines of the London, Chatham, and Dover Railway
Company, and to provide for a contribution thereto by the Great Northern Railway
Company, and to consolidate some of the Stocks and Shares of the first-named
Company, and for other purposes ; the Short Title of which Act is " London,
" Chatham, and Dover Railway (City Undertaking) Act, 1864."
28 and 29 Vict. Cap. 268, 1865.—An. Act to provide for a contribution by
the London and South-Western Railway Company to the Undertaking of the
London, Chatham, and Dover Railway Company, and for the use by them of part
of that Undertaking, and for other purposes; the Short Title of which Act is
"Dover and South-Western Companies Act, 1865."
m
30 The London, Chatham, and Dover Railway (Arrangement) Act, 186?;
28 and 29 Vict. Cap. 269, 1865.—An Act to authorise the London, Chat¬
ham, and Dover Railway Company to make connecting Railways and to widen'
parts of their existing Railways in Surrey, and to acquire additional lands; to
provide for the abandonment of a Railway authorised by the " Crystal Palace and
" South London Junction Railway Act, 1862/' and for other purposes ; the Short
Title of which Act is " London, Chatham, and Dover Railway ( Various Poicers)
" Act, 1865."
28 and 29 Vict. Cap, 347, 1865.—An Act to authorise the London, Chat¬
ham, and Dover Railway Company to make a short connecting Railway at
Beckenham, and to abandon certain authorised Lines ; to make provisions as to the
working of their traffic and that of the South Eastern Railway Company ; to confer
further powers with reference to the Kent Coast Railway and exemptions from dues
and privileges at Broadstairs, Ramsgate, and Margate, and for other purposes ; the
Short Title of which Act is " London, Chatham, and Dover Railway (Kent Lines)
" Act, ism:'
29 and 30 Vict. Cap. 282, 1866.—An Act to authorise the London, Chat¬
ham, and Dover Railway Company to make a Branch Railway to Chatham
Dockyard and to make arrangements with the Admiralty, and for other purposes ;
the Short Title of which Act is " London, Chatham, and Dover Railway (Dockyard
" Branch) Act, 1866."
29 and 30 Vict. Cap. 283, 1866.—An Act to authorise the London, Chat¬
ham and Dover Railway Company to execute works in Kent and Surrey, to
authorise the acquisition of additional lands in London, Middlesex, Surrey, and
*
Kent, and of the Undertakings of the Sittingbourne and Sheerness Railway
Company, to extend the time for completing and purchasing lands for Undertakings
in London, Surrey, and Kent, to amend the Acts relating to the Company, and for
other purposes ; the Short Title of which Act is " London, Chatham, and Dover
" Railway ( Various Powers) Act, 1866."
29 and 30 Vict. Cap. 318, 1866.—An Act for making Railways from the
South Eastern and London, Chatham and Dover Railways to various districts and
places in Kent, Surrey, and Sussex, and to the towns of Lewes and Brighton, and
for other purposes ; the Short Title of which Act is " South Eastern and London,
" Chatham, and Dover (London, Lewes, and Brighton) Railway Act, 1866."
29 and 30 Vict. Cap. 363, 1866.—An Act to authorise the London, Chat¬
ham, and Dover Railway Company to make new Streets and alterations of Streets
for improving the access to their Ludgate Station, to authorise the Kent Coast
Railway Company to make a new Road at Ramsgate, and to confer powers and
impose obligations on the Corporation of the City of London with respect to the new
and altered streets, and for other purposes ; the Short Title of which Act is
" London, Chatham, and Dover Railway {New Streets) Act, 1866." :
The Tandon, Chathgm^ Çn4 P'Jver Railway Act, 1867. 31
SCHEDULE II.
J> ■ f J. . A SS»
CONTAINING A STATEMENT OF THE CAPITAL OF THE COMPANY
AUTHORISED TO BE RAISED.
1.
GENERAL UNDERTAKING
Ï-, !■; A. t.# A*. •
Date.
... i t i
Act authorising issue.
Shares
authorised.
Debentures
authorised.
1853
16 & 17 Vict., c. 132. East Kent Railway Act.
£.
700,000
£.
233,333
1855
18 & 19 Vict., c. 187. East Kent Railway (Extension j
to Dover) Act, 1855. j
500,000
166,666
1858
21 & 22 Yict., c. 107. Western Extension Act, 1858. 1
Half exchanged for Consolidated Stock under 25 & 261
Yict., c. 192. London, Chatham, and Dover Railway (
(Additional Powers) Act, 1862. J
300,000
100,000
1853
22 & 23 Yict., c. 54. London, Chatham, and Dover 1
Railway Act, 1859. j
80,000
26,600
1860
23 & 24 Yict., c. 187. London, Chatham, and Dover")
Railway (Capital) Act, 1860. /
Exchanged for new Stock tinder 25 & 26 Yict., o. 192. >
London, Chatham, and Dover Railway (Additional I
Powers) Apt, 1862, J
90,000
30,000
1860
23 & 24 Yict., c. 187. London, Chatham, and Dover!
Railway (Capital) Act, 1860. j
300,000
100,000
1860
23 & 24 Yict., c. 177. London, Chatham, and Dover)
Railway (Metropolitan Extensipp^ 4*°% J86,Q. j
100,000
33,00.
1861
24 & 25 Yict., p ,239. London. Chatham, and Dover ;
. Ml i
160,000
1861
24 & 25 Yict., c. 239. London, Chatham, and Dover]
(Tanous Powcçs) Act, 1861, j
; 60,000
1861
24 & 25 Yict., c. 239. London, Chatham, and Pover]
J * ^ilway (Varions Powers) Act, 1861.
Paid exchanged for new Stock tinder 25 & 26 Yict., c.
19(2. London, Chatham, and Doyer Railway (Addi¬
tional rowers) Act, 1852. '
170,000
i
56,600
[40] K
32 The London, Chatham, and Dover Railway (.Arrangement) .4c#, 1867.
Date.
Act authorising issue.
Shares
authorised.
Debentures
authorised.
Created under 25 & 26 Vict., c. 192. London, Chatham,)
and Dover Bailway (Additional Powers) Act, 1862. |
£.
62,290
£.
• •
1861
24 & 25 Viet., c. 240. London, Chatham, and Dover)
Bail way Works) Act, 1861. j
129,000
43,000
1862
25 & 26 Vict., c. 192. London, Chatham, and Dover)
Bail way (Additional Powers) Act, 1862. ]
671,000
223,600
1864
27 & 28 Vict., c. 212. London, Chatham, and Dover)
(Bailway (City Undertaking) Act, 1864. J
1,500,000
500,000
1865
28 & 29 Vict., c. 269. London, Chatham, and Dover)
Bailway (Various Powers) Act, 1865. J
110,000
5,092,290
1,618,799
1866
29 & 30 Vict., c. 293. London, Chatham, and Dover)
Bailway (Various Powers) Act, 1866. J
155,556
25,000
-
5,272,846
2.
METROPOLITAN EXTENSIONS.
|
Shares.
Debentures.
AUTHOBISED CAPITAL.
£.
s.
£.
s.
1
1860
23 & 24 Vict., c. 177. London, Chatham, and Dover
Bailway (Metropolitan Extensions) Act, 1860
1,650,000
0
550,000
0
2
1862
25 & 26 Vict., c. 192. London, Chatham, and Dover
Bailway (Additional Powers) Act, 1862
1,050,000
0
350,000
0
3
1864
27 & 28 Vict., c. 212. London, Chatham, and Dover
Bailway (City Undertaking) Act, 1864
1,600,000
0
533,000
0
Total ....
4,300,000
0
1,433,000
0
The London, Chatham,, and Dover Railway (Arrangement) Act, 1867. 33
3.
CITY LINES.
Shares.
Debentures.
1864
AUTHORISED CAPITAL.
27 & 28 Vict., c. 212. London, Chatham, and Dover Rail¬
way (City Undertaking) Act, 1864 .
£.
1,000,000
333,000
4.
EASTERN SECTION.
1 ••
Shares.
Debentures.
1863
AUTHORISED CAPITAL
26 & 27 Vict., c. 204. London, Chatham, and Dover Rail¬
way Act, 1863 ♦
£.
850,000
£.
283,000
1864
27 & 28 Vict,, c. 195. London, Chatham, and Dover Rail¬
way (New Lines) Act, 1864 ,
220,000
73,300
1,070,000
356,300
5.
COMMON FUND.
Shares.
Debentures.
1862
AUTHORISED CAPITAL
25 & 26 Vict., c. 192. London, Chatham, and Dover
Railway (Additional Powers) Act, 1862
£.
750,000
£.
250,000
[40]
6.
VICTORIA STATION IMPROVEMENTS.
V"-.- ; , I
Shares.
Debentures.
i&çs
- i
AUTHORISED CAPITAL.
26 & ¥i$., c. 204. London, Chftfea^ D!
Railway Act, J863 . . . . .
£
370,000
£.
123,000
1864
27 & 28 Vict., c. 195. London, Chatham, and Dover
Railway (New Lines) Act, 1864 ....
150,000
50,000
520,000
173,000
The London,Chatham, and Dover Railway ( ) Act, 1867. 35
SCHEDULE III.
Form of Application for Consent of Mortgagees,
LONDON, CHATHAM, AND DOVER RAILWAY.
Sir,
Under an Act passed in the last Session of Parliament, power
is given to the London, Chatham, and Dover Railway Company to
raise six hundred thousand pounds by the creation of " A" Debenture
Stock, bearing interest not exceeding six per centum per annum,
and charged upon the entire Undertaking of the Company.
The Stock so to be created is to have priority only over those
Mortgages (as defined by the Act), the holders of which consent
to be postponed; and any increase in the net revenues of the
Company above the amount thereof earned in the year ending on
the 30th day of June, 1867, is to be applied to the extent of thirty
thousand pounds in payment of the interest accruing on the said
Debenture Stock.
All holders of Mortgages who may consent to the creation of
such Stock in priority to their securities will be entitled to payment
of interest accruing on their respective Mortgages, beyond what the
*
revenues of the Company will meet, by means of Deferred Interest
Warrants or of Debenture Stock bearing five per centum interest.
By the terms of the Act all Shares or Rent-charges which are
entitled to rank before or on a par with the Debentures of the
(40) L
36 The London, Chatham, and Dover Railway (.Arrangement) Act, 18 67.
Company are to be deemed Mortgages, and the holders thereof are to
have the same protection as the holders of Debentures.
For more detailed information we refer you to the subjoined
provisions of the Act. If you assent to the creation of the proposed
Debenture Stock in priority to the security held by you, we shall
be obliged by your signing the form of assent hereunto annexed.
We are your very obedient Servants,
A. B., Chairman,
C. D., Secretary.
[Here follow Clauses 24, 25, 26 and 28, and the Provisoes in
Clause 31.]
Form of Consent,
[Here specify the I hereby consent to the creation of A " Debenture Stock
dgning.]°f the partJ i*1 priority to the security held by me and specified in the margin ;
subject, however, to the provisions of " The London, Chatham and
"Dover Railway (Arrangement) Act, 1867."
The London, Chatham, and Dover Railway (Arrangement) Act, 1867. 37
SCHEDULE IV.
AN AGREEMENT made the first day of August, one thousand
eight hundred and sixty-seven. Between the London, Chatham, and
Dover Railway Company (hereinafter called the Company) of the first
part ; the several persons or firms whose names are written in the First
Schedule at the foot hereof (hereinafter called the Lenders) of the
second part, and George Gunnell Newman, of Hurst Place, near Bexley,
in the county of Kent, Esquire ; and William Blackmore, of Founders'
Court, Lothbury, in the city of London, Esquire, of the third part :
Whereas the Lenders have from time to time advanced monies for the
purchase of the lands required for the City Lines Undertaking of the
Company, and there is now due and owing to them a very large sum,
the balance of such advances : And whereas the repayment of such ad¬
vances was secured by various Agreements and Deeds, the dates and
short descriptions of which are set out in the Second Schedule hereunder
written : And whereas the Company became parties to those Agree¬
ments and Deeds at a time when the executive of the Company was
vested in, and the Company was governed by, another and differently
constituted Board of Directors : And whereas the present Directors,
having fully examined the matters aforesaid, have acknowledged and
ratified the said Agreements and Deeds, and the terms and conditions
thereof respectively, and have undertaken and agreed with the
Lenders in all respects and at all times to admit the validity thereof,
and that the same respectively are binding upon the Company, and
that the Company will not dispute the same in any Court of Law or
Equity, or otherwise howsoever: And whereas the present Direc¬
tors have applied to the Lenders to reduce the rate of interest
payable upon such advances under the terms of such Agreements
and Deeds respectively, and to enter into the present Agreement
which the said Lenders have agreed to do in manner hereinafter
mentioned, but without prejudice to the rights and remedies of the
Lenders under the said Agreements and Deeds respectively, except
so far as the terms thereof respectively may be modified by this
[40]
38 The London, Chatham,and Dover Railway (Arrangement) Act, 1867.
present instrument. Now therefore it is hereby mutually covenanted
and agreed between the parties hereto as follows :
1. That if the whole balance of the said principal monies so
advanced by the Lenders as aforesaid, together with
interest thereon, after the rate of five pounds per centum
per annum, from the thirtieth June, one thousand eight
hundred and sixty-six, shall be paid on or before the
thirty-first of December, one thousand eight hundred and
sixty-eight, the rate of interest on the said balance shall
he reduced to interest after the rate of five pounds per
centum per annum, as from the thirtieth day of June, one
thousand eight hundred and sixty-six (up to which time
all interest thereon has been paid), and that in default
of such payment as aforesaid, interest shall be paid on
the balance of the said principal monies then unpaid,
after the rate of seven pounds ten shillings per centum per
annum, from the said thirtieth June, one thousand eight
hundred and sixty-six, until payment :
2. This Agreement is to be taken and read as an agreement
supplemental to the said recited Agreements and Deeds,
and except as herein expressly modified, the same are to
remain in full force as though this Agreement had not
been executed.
IN WITNESS whereof the said parties to these presents have
heareunto set their hands and seals the day and year first above
written.
THE FIRST SCHEDULE ABOVE REFERRED TO.
T. D. Anderson.
Joseph Tritton.
Barclay, Bevan, Tritton, & Co.
Brown, Shipley, & Co.
Chalmers, Guthrie, & Co.
A. 0. Guthrie, p. J. A. Guthrie
F. C. Hills, p. S. R. Pattison.
John Everitt.
Gibson, Tcke and Gibson.
Sharples, Tuke, & Co.
(L.S.)
CL.S
(L.S.)
(L.S.)
(L.S.)
(L.S.)
(L.S.)
(LS.)
(L.S.)
(L.S.)
The London, Chatham, and Dover Railway (Arrangement) Act, 1867. 39
THE SECOND SCHEDULE ABOVE REFERRED TO.
21st October, 1863. Agreement between Sir Samuel Morton Peto,
Baronet, Edward Ladd Betts, and Thomas
Russell Crampton of the first part ; The
London Chatham and Dover Railway Com¬
pany of the second part ; George Gunnell
Newman and William Blackmore of the
third part, and the Persons or Firms named
in the Schedule thereto of the fourth part.
2nd January, 1864.: Declaration of Trust provided for by the
above Agreement.
30th June, 1864 Agreement for extension of time endorsed on
Agreement of 21st October, 1863.
>
25th January, 1865. - Agreement fqr further extension of time and
for further advances.
1st March, 1865. Agreerqpnt for farther advances.
25th January, 1865. Agreement for further advances.
29th March, 1866. Declaration of Trust provided for by the
' two last-mentioned Agreements.
Signed, sealed, and delivered by the above-named Barclay,
Bevan, Tritton, and Co., by Joseph Gurney Barclay, a
member of their firm—Brown, Shipley, and Co., by Mark
Wilks Collet, a member of their firm—Chalmers, Guthrie,
and Co., by James Alexander Guthrie, a member of their
firm—-Arbuthnot Charles Guthrie, by James Alexander
Guthrie—Frank Clark Hills, by Samuel Rowles Pattison,
his Attorney, in the presence of
H. Johnson,
Clerk to Messrs. Duncans, Squarey, and Co.,
Founders' Court, Lothbury, London,
Solicitors.
[40] M
40 The London, Chatham, and Dover (.) Act, 1867.
Signed, sealed, and delivered by the within-named John Everitt, in
the presence of
H Johnson.
Signed, sealed, and delivered by the within-named Gibson, Tuke,
and Gibson, by George Stacey Gibson, a member of their firm,
in the presence of
H. Johnson.
Signed, sealed, and delivered by the within-named Thomas Darnley
Anderson, in the presence of
Charles Barry,
Cotton Broker, Liverpool.
>
Signed, sealed, and delivered by the within-named Joseph Tritton
in the presence of
H. Johnson,
Clerk to Messrs. Duncans, Squarey, and Co.,
Founders' Court, Lothbury, London,
Solicitors.
Signed, sealed, and delivered by the within-named Sharpies and Co.,
by Fredric Seebohm, a member of their said firm, in the
presence of
David Lloyd,
Hitch in, Banker's Clerk.
[40]
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