ANNO VICESIMO OCTAVO

VICTORIAE REGINAE

Cap LXII

An Act to authorise the Great Eastern Railway Company to make a Railway from their Saint Ives and March Railway at Somersham, to the Ramsey Railway at Ramsey in the County of Huntingdon. [2nd June 1865]

Whereas by the Great Eastern Railway Act 1862, the Great Eastern Railway Company (herein after called the Company) were formed by the Amalgamation of several previously existing Companies, and the Acts relating to those companies were consolidated and amended: And whereas other Acts have since been passed relating to the Company: And whereas a railway from the St Ives and March Railway of the Company in the Parish of Somersham in the County of Huntingdon to the Ramsey Railway in the Parish of Ramsey in the same County would be of public Advantage, and the Company are willing (if authorised by Parliament) to make such Railway: And whereas the Object aforesaid cannot be effected without 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 of the Commons, in this present Parliament assembled, and by the Authority of the same as follows:

1.
The Lands Clauses Consolidation Act 1845, The Lands Clauses Consolidation Amendment Act 1860, The Railways Clauses Consolidation Act 1845, Part I of The Railways Clauses Act 1863, relating to Construction of a Railway, the Provisions of The Lands Clauses Consolidation Act 1845, The Companies Clauses Consolidation Act 1845,with respect to the several matters following, (that is to say) the Distribution of the Capital of the Company into Shares, the Transfer or Transmission of Shares, the Payment of Subscriptions and the Means of enforcing the paymentof Calls, the Forfeiture of Shares for Non Payment of Calls, the Remedies of Creditors of the Company against the Shareholders, the borrowing of money by the Company on Mortgage or Bond, the Conversion of the borrowed Monay into Capital, the Consolidation of the Shares into Stock and the Provision to be made for affording Access to the Special Act and Parts I, II, and III of The Companies Clauses Act 1863, relating respectively to Cancellation and Surrender of Shares, to additional Capital, and to Debenture Stock are hereby incorporated with this Act.

2.
In construing the Incorporated Acts for the Purposes of this Act, and in construing this Act, the Words and Expressions herein mentioned or referred to shall have the meanings hereby assigned to them respectively, unless there be something in the Subject or Context repugnant to such Construction; (that is to say)
The expression The Special Act shall mean this Act:
The expression The Company shall mean the Great Eastern Railway Company or Promoters of the Undertaking shall mean the Great Eastern Railway Company:
The expressions Superior Court or Court of competent Jurisdiction, or any other like expression, shall be read and have the effect as if the Debt or Demand with respect to which the expression is used were a common Simple Contract Debt and not a Debt or Demand created by Statute:
Other expressions or words to which the incorporated Acts Meanings are assigned shall respectively have the same Meanings in this Act.

3.
The Company, with the Consent of three fifths of the Votes of the Shareholders present in person or by proxy at any General Meeting or General Meetings convened with special Notice of the purpose, may raise by the Creation of new Shares or Stock, ordinary or preference, or partly ordinary and partly preference, such additional Capital beyond the Amount which they may be authorised to raise by other Acts of Parliament as they think fit, not exceeding Fifty Two thousand Pounds.

4.
All Shares or Stock to be created by the Company under the Authority of this Act shall, subject to the Provisions of this Act, form part of the general Capital of the Company.

5.
It shall not be lawful for the Company to issue any Share or Stock to be create dunder the Powers of this Act, not shall any such Share or Stock vest in the Person accepting the same unless and until a sum not being less than one fifth part of the Amount of such Share or Stock shall have been paid up in respect thereof.

6.
If by any other Act or Acts passed in the present Session of Parliament, and whether before or after the passing of this Act, the Company be authorised to raise any capital by new Shares or Stock then, subject to the Provisions of the other Act or Acts and this Act respectively, the Company if they think fit, may raise by the Creation and Issue of Shares or Stock of One and the same Class, all or any Part of the aggregate capital which they are by the other Act or Acts and this Act respectively authorised to raise the creation and Issue of Shares or Stock.

7.
When the Company are entitled under the Powers of this Act to borrow money on Mortgage they may create and issue Debenture Stock.

8.
The Company, in addition to any sums which they are authorised to borrow under other Acts of Parliament may from Time to Time borrow on Mortgage such Sums as they think fit, not exceeding in the whole Seventeen thousand three hundred pounds, but no part of the Money shall be borrowed until the whole of the said additional Capital of Fifty-two thousand pounds shall have been bona fide subscribed and issued and One Half of that Amount shall have been actually paid up, nor until the Company shall have proved to the Justice who is to Certify, under the 40th section of The Companies Clauses Consolidation Act 1845, that all the said additional Capital of Fifty-two thousand pounds has been subscribed bona fide and issued, and that One Half thereof has been paid up, and that not less than one fifth of the Amount of each Share or Sum of Stock was paid on Issue of the same, and that such subscribers or their Assigns are legally liable for the same . (of which Proof having been given the Certificate of such Justice under that Section shall be sufficient evidence).

9.
All Mortgages granted by the Company before the passing of this Act and which shall be in force at the Time of the passing of this Act shall as regards the Undertaking comprised in and assigned by such Mortgages, have priority over all Mortgages granted by virtue of this Act.

10.
All Money raised under the Powers of this Act by the Creation of new Shares or Stock or on Mortgage shall be applied only to the Purposes by this Act authorized.

11.
It shall be lawful for the Company to make and maintain a Railway, with all proper Stations, Approaches, Works and Conveniences connected therewith, commencing at a Junction with the St Ives and March Railway of the Company in the Parish of Somersham in the County of Huntingdon and terminating with the Ramsey Railway in the Parish of Ramsey in the same County.

12.
The Railway and Works by this Act authorized shall form part of the Undertaking of the Company

13
. And whereas a Plan and Section of the proposed Railway showing the line and Levels thereof and the Lands required for the Purposes of the Undertaking, and also a Book of Reference to such plan have been deposited with the clerk of the peace for the County of Huntingdon: Therefore, subject to the provisions and Powers of Deviation in this Act and the Acts incorporated herewith contained, the Railway shall be made in the Line and upon the Lands delineated on the said Plan and described in the said Book of Reference, and according to the levels defined on the said section, and it shall be lawful for the Company to enter upon, take, and use all or any of the said Lands necessary for the said Purposes.

14.
The Powers of the Company for the compulsory Purchase of Lands for the Purposes of the Act shall not be exercised after the Expiration of Three Years from the passing of this Act.

15.
The Company may from time to time purchase, by Agreement, such lands as they may require for any of the extraordinary Purposes specified in “The Railway Clauses Consolidation Act 1845”, in connexion with the Railway and Works by this Act authorized, not exceeding in the whole One Acre.

16.
Subject to the Provisions in the “The Railway Clauses Consolidation Act 1845” and “The Railway Clauses Act 1863” contained in reference to the crossing of Roads on the Level, the Company in constructing the Railway by this Act authorized, may carry the same with not more than One Line of Railway so long as the Railway is a Single Line, and with not more than Two Lines of Railway when the Railway is a double line, across the Roads numbered respectively on the deposited Plan as follows on the level thereof (that is to say)

Public Road Number 19 on Plan Parish of Pidley cum Fenton
Drove Number 31 on Plan Parish of Pidley cum Fenton
Drove Number 7 on Plan Parish of Warboys
Drove Number 8 on Plan Parish of Wistow
Drove Number 14 on Plan Parish of Wistow
Drove Number 5 on Plan Parish of Bury
Drove Number 17 on Plan Parish of Bury

Provided that, in addition to the level Crossings of the said Roads numbered respectively 19 in the Parish of Pidley cum Fenton and 8 and 14 in the Parish of Wistow, the Company shall at each of such Level Crossings construct a Road under the Railway which shall have a clear Headway of not less than Ten feet.

17.
The Railway hereby authorized shall be completed within Five years from the passing of this Act, and on the Expiration of such Period the Powers by this Act granted to the Company for making the Railway, or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as shall then be completed.

18.
If the Railway by this Act authorized to be constructed shall not be completed and opened for public Traffic within the Period of Five Years from the passing of this Act, then and from thenceforth the Company shall be liable to a Penalty of Fifty Pounds per Day to be recoverable as a Debt due to the Crown, for every day thereafter until the railway shall be completed and opened for public Traffic; but no Penalty shall accrue in respect of any Time during which it shall appear by a Certificate to be obtained from the Board of Trade that the Company were prevented from completing or opening the Railway by unforeseen Accident of Circumstances beyond their Control, but the Want of sufficient Funds shall not be held to be a Circumstance beyond the Control of the Company.

19.
Inasmuch as the Railway is intended to pass over certain Parts of the Great Level of the Fens called the Bedford Level, therefore in constructing and maintaining the Railway or any of the Bridges or Works connected therewith, it shall not be lawful, without the Consent in Writing of the Middle Level Commissioners as to any Works maintained by of belonging to them, or as to any Works belonging to any other Drainage Commissioners or Bodies in the Middle Level (without the Consent in Writing of such Commissioners or Bodies respectively), to contract or diminish the Breadth, Depth or Capacity of the Channel or waterway of any Cut, Drain, Watercourse, or Work of Drainage within the said Middle Level, or to do any Act whereby the free Passage of Water or Ice through and along any such Cut, Drain, Watercourse shall during Floods or at any other Time be in any manner impeded or obstructed; and it shall not be lawful for the Company, without Consent in Writing as aforesaid, to lower or vary the Line or Dimensions or to injure or weaken the Security of any bank maintained for protecting any of the Lands within the said Middle Levels from Inundation.

20.
In the Formation of such Part of the Railway as is intended to pass over, across, or along any Bank of any Cut, Drain or Watercourse within the said Middle Level it shall not be lawful (as to Banks maintained by the Middle Level commissioners without the Consent of those Commissioners, and as to Banks maintained by any Commissioners of Drainage or Owners of adjoining Property without their respective Consents in Writing,) for the Company or their officers or Contractors at any time or times to cut or interfere with, or to place or drive down any Piles, or to erect any Pier or Building into, upon, or within the Water side of any such Bank, or to cut or carry away any Earth or Soil or open any Hole or Trench within Twenty Yards from the Land Side of any Bank.

21.
Previously to any work being commenced upon or over any Bank, the Company shall, at their own Costs and Charges, well and sufficiently, and in a proper and workmanlike manner, widen and strengthen such Bank or Extent of not less than Two Yards in Thickness on the outer or Land Side, and for a distance of not less than Twenty Yards in Length on either side of the proposed Line of Railway over such Bank, if the same shall be required by the said Middle Level Commissioners, or by the Parties respectively liable to the Maintenance of such Bank.

22.
It shall not be lawful for the Company to execute any Works within the said Middle Level in such Manner as will unite the Drainage of any District or Fens in the said Middle Level with the Drainage of any other District or Fen, or as will extend any public or private Drainage in the said Middle Level to any Land not previously drained thereby.

23.
Any Lands within the said Middle Level which may be required to be taken or used by the Company, and which at the Time of the passing of this Act shall under or by virtue of any Act of Parliament be subject to any Drainage Taxes, shall remain and be subject to all such Drainage Taxes as now are or hereafter shall be imposed on the said lands under or by virtue of such Act, or any Act which may hereafter be passed for amending such Act, in the same Manner, but not to any greater Extent, than if this Act had not been passed, or if such Lands had not been taken or used by the Company; and such Taxes and Charges, and any Penalties that may be incurred for Nonpayment thereof, shall be recoverable not only by the Distress and sale of any Goods and Chattels belonging to the Company, but also by and under the Powers and Provisions of any Act of Parliament under which the same Lands have been or shall be assessed, or with Costs of Suit by Action against the Company in any Court having Jurisdiction for Actions of debt for the Amount claimed in the Parish or Locality in which the Lands are situated.

24.
Nothing herein contained shall tend to lesson or control any Rights Powers or Authorities now vested in or enjoyed by any Commissioners of Drainage, or other Body or Person, for varying, altering, or diverting any existing Bridge, Cut, Drain or Watercourse used for the Drainage of any Lands within the Middle Level, or to prevent or restrain the making of any new Bridge, Cut, Drain or Watercourse for improving the Drainage thereof, or altering or enlarging any existing Bridge, Cut, Drain or Watercourse but all such Rights Powers and Authorities shall remain in as full Force as if this Act had not been passed; and the said Commissioners of Drainage, or other Body or Person, shall not be liable to make any Compensation for any Damage or Injury occasioned by varying, enlarging, or diverting any existing Bridge, Cut, Drain or Watercourse or making any new Bridge, Cut, Drain or Watercourse, to any Greater Extent or Amount than they would have been liable to if the Railway had not been made; provided that in so varying, altering, enlarging or diverting any existing Bridge, Cut, Drain or Watercourse, or making any new such Bridge, Cut, Drain or Watercourse, nothing shall be done to impede or interfere with the Use of the Railway or the Traffic thereupon for any greater Length of Time or in any other Manner than shall be necessary for the Execution of the Works; and provided also, that all such Works in the Line of or through or under the Railway shall be done at the joint Expense of the Company and of the respective Commissioners of Drainage, or other Body or Person requiring the same; and in case any Dispute shall arise touching the Mode of altering or erecting any such Bridge Culvert or Tunnel, or the Costs thereof, the Matter so in Dispute shall be referred to Arbitration in the Manner provided by “The Railway Clauses Consolidation Act 1845” with respect to the Settlement of Disputes by Arbitration.

25.
Every Cut Drain and Watercourse within the said Middle Level shall be crossed by a Bridge of a single Span of full and ample Dimensions.

26.
The Company shall from Time to Time and at all Times hereafter well, sufficiently, and substantially repair, uphold, maintain, and support all Bridges and other Works made or constructed by the Company, and which in any way affect the Drainage or Protection or Navigation or Efficiency of the Works of the said Middle Level Commissioners, or of any other Commissioners or Body or Person relating to the Drainage, Protection or Navigation in the said Middle Level.

27.
If at any time after the Railway shall have been completed any Injury or Damage shall be occasioned or arise to any Cut Drain or Watercourse within the said Middle Level, or to the Navigation thereof, or to any Bank or Towing path or Land, Building, Crops, Produce or Goods within the Middle Level, from the Formation of any Bridge Embankment Ditch Culvert or other Work by the Company, or by or in consequence of any Works of the Company which may not have been foreseen or provided for by this Act, the Company shall, at their own Costs, make good and repair and take all proper steps to prevent the Recurrence of any such Injury or Damage immediately after the Discovery thereof.

28.
The Company shall, at their own Expense, for ever hereafter maintain and keep in perfect Repair for the Space or Distance of not less than Fifty Yards on each side of every Drain Cut or Watercourse within the said Middle Level as shall be altered or interfered with by the Company.

29.
The Details and Mode of constructing the several Works herein directed to be executed for protecting the Interests of the Middle Level Commissioners, and of any other Commissioners of Drainage or Bodies or Persons within the Middle Level, with all necessary and contingent Works, whether temporary or permanent, and as well those which are as those which are not specifically mentioned but which are necessarily consequent or fairly implied by the several Stipulations and Conditions herein provided for, shall, so far as concerns Works affecting the Middle Level Commissioners, be executed in a proper and efficient manner to the reasonable Satisfaction of an Engineer to be appointed by those Commissioners, if they shall think fit, and so far as concerns Works affecting the Interest of any such other Commissioners of Drainage, or Body or Person shall in like Manner be executed to the reasonable Satisfaction of an Engineer to be appointed by or on behalf of such Several Commissioners, Body or Person respectively, in case they respectively shall think fit so to do, and the Costs of or incident to every such Appointment shall be borne by the Company.

30.
If the Company shall by any Act or Default offend against any Provision of this Act touching or concerning the Drainage or Protection of the Lands within the said Middle Level, or any Cut, Drain or Watercourse as aforesaid, and shall for the space of Ten Days after due Notice thereof from the said Middle Level Commissioners, or other Commissioners or Body aggrieved, fail to repair any Injury which shall be occasioned thereby, or to prevent further or continuing Injury, or on the reasonable Apprehension of Injury to adopt due precautionary Remedies against Occurrence of actual Injury, the Company shall for every such offence forfeit to the Commissioners or other body injured the Sum of One hundred pounds for every Day during which such Offence shall continue, which said Sum may be recovered, with full Costs of Suit, in any of Her majesties Courts of Record at Westminster; provided that nothing in this Act contained shall prevent any Bodies or Persons from recovering from the Company special damages for any Injury that may be done or occasioned to the Drainage of any of the Lands within the Middle Level, or the Works for protecting or preserving the same, or to the navigation of the said Cuts, Drains or Watercourses as aforesaid, by or through the Act or Neglect or Default of the Company, or by reason of the Effect or Operation of any Works to be executed by the Company.

31.
Nothing herein contained shall in any manner diminish, alter, or effect, or take away any of the Rights, Privileges, Powers and Authorities now exercised by or vested in the Middle level Commissioners, or any other Commissioners of Drainage or Body acting in execution of any Act of Parliament affecting any Fen Lands or low Grounds within the said Middle Levels or any part there of, save and except so far as the same Rights, Privileges or Authorities are expressly altered or interfered with by this Act.

32.
The Company may demand and take in respect of the railway by this Act aithorized such Tolls and Charges as they think fir, not exceeding the rates of Tolls and Charges authorized to be taken on the Great Eastern Railway, as if the Railway by this Act authorized had been authorized by The Great Eastern Railway Act 1862; and in estimating the Amount of Toll or Charge in respect of any traffic conveyed partly on the Railway by this Act authorized, and partly on any other Railway of the Company, the Railway by this Act authorized and any other Railway shall be deemed One Railway.

33.
It shall not be lawful for the Company, out of any Money by this Act or any other Acts relating to the Company authorized to be raised by calls in respect of Shares, or by the Exercise of any Power of borrowing, to pay to any Shareholder any Interest or Dividend on the Amount of the Calls made in respect of the shares held by him in the Capital by this Act authorized to be raised; provided that nothing herein contained shall be deemed to prevent the Company from paying to any Shareholder such Interest on Money advanced by him beyond the Amount of the Calls actually made as shall be in conformity with the Provisions in “The Companies Clauses Consolidation Act 1845” in that Behalf contained.

34.
It shall not be lawful for the Company, out of any Money by this Act or any other Acts relating to the Company authorized to be raised for the Purposes of such Act or Acts, to pay or deposit any Sum of Money which by any Standing Order of either House of Parliament in force for the Time being, may be required to be deposited in respect of any Application to Parliament for the Purposes of obtaining an Act authorizing the Company to construct any Railway, or execute any other Work or Undertaking.

35.
Nothing herein contained shall be deemed or construed to exempt the Railways by this or the recited Acts authorized to be made from the provisions of any General Act relating to Railways now in force or which may hereafter pass during this or 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 and of the rates for small Parcels authorized by the recited Acts or this Act.

36.
The Costs and Charges of applying for and obtaining this Act and incidental thereto shall be paid by the Company.