a competent Part of the Tolls or Sums liable to the Payment of the Interest, until all the Arrears of Interest then due on the Debenture Stock, with all Costs, including the Charges of receiving the Tolls or Sums, are fully paid; and upon such Appointment being made all such Tolls or Sums shall be paid to and received by the Person so appointed; and all Money so received shall be deemed so much Money received by or to the Use of the several Persons interested in the same, according to their several Priorities. The Receiver or Judicial Factor shall distribute rateably and without Priority, among all the Proprietors of Debenture Stock to whom Interest is in arrear, the Money which so comes to his Hands, after applying a sufficient Part thereof in or towards Satisfaction of the Interest on the Mortgages and Bonds of the Company. As soon as the full Amount of Interest and Costs has been so received, the Power of the Receiver or Judicial Factor shall cease, and he shall be bound to account to the Company for his Acts or Intromissions or the Sums received by him, and to pay over to the Company any Balance that may be in his Hands. covered by Action or Suit. XXVII. If the Interest on Debenture Stock is in arrear Arrears for Thirty Days next after any of the respective Days may be rewhereon the same is payable, the Holder for the Time being thereof may (without Prejudice to his Power to apply for the Appointment of a Receiver or Judicial Factor) recover the Arrears with Costs by Action or Suit against the Company in any Court of competent Jurisdiction. a Stock to be registered. XXVIII. The Company shall cause Entries of the De- Debenture benture Stock from Time to Time created to be made in Register to be kept for that Purpose, wherein they shall enter the Names and Addresses of the several Persons and Corporations from Time to Time entitled to the Debenture. Stock, with the respective Amounts of the Stock to which they are respectively entitled; and the Register shall be accessible for Inspection and Perusal at all reasonable Times to every Mortgagee, Bondholder, Debenture Stock Holder, Shareholder, and Stockholder of the Company, without the Payment of any Fee or Charge. Certificate XXIX. The Company shall deliver to every Holder of Company Debenture Stock a Certificate stating the Amount of De- to deliver benture Stock held by him; and all Regulations or Pro- to Holders visions for the Time being applicable to Certificates of of DebenShares in the Capital of the Company shall apply, mutatis mutandis, to Certificates of Debenture Stock. ture Stock. n not affected Mortgages XXX. Nothing herein or in the Special Act authorizby this Act. ing the Issue of Debenture Stock contained shall in any way affect any Mortgage or Bond at any Time legally granted by the Company before the Creation of such Stock, or any Power of the Company to raise Money on Mortgage or Bond, but the Holders of all such Mortgages and Bonds shall, during the Continuance thereof respectively, be entitled to the same Priorities, Rights, and Privileges in all respects as they would have been entitled to if the Special Act authorizing the Issue of Debenture Stock had not been passed. Holders of Stock not to vote. XXXI. Debenture Stock shall not entitle the Holders Debenture thereof to be present or vote at any Meeting of the Company, or confer any Qualification, but shall, in all respects not otherwise by or under this Act or the Special Act provided for, be considered as entitling the Holders to the Rights and Powers of Mortgagees of the Undertaking other than the Right to require Repayment of the Principal Money paid up in respect of the Debenture Stock. Application of Money raised. Separate Accounts of Deben XXXII. Money raised by Debenture Stock shall be applied exclusively either in paying off Money due by the Company on Mortgage or Bond, or else for the Purposes to which the same Money would be applicable if it were raised on Mortgage or Bond instead of on Debenture Stock. XXXIII. Separate and distinct Accounts shall be kept by the Company, showing how much Money has been reture Stock. ceived for or on account of Debenture Stock, and how much Money borrowed or owing on Mortgage or Bond, or which they have Power so to borrow, has been paid off by Debenture Stock, or raised thereby, instead of being borrowed on Mortgage or Bond. Borrowing XXXIV. The Powers of borrowing and re-borrowing tinguished by the Company shall, to the Extent of the Money raised to extent of by the Issue of Debenture Stock, be extinguished. Debenture Stock. Applica III. to XXXV. The Provisions of this Part of this Act shall be deemed to apply to Mortgage Preference Stock, and to tion of Part Funded Debt, as the Case may require, in all respects as Mortgage if Mortgage Preference Stock or Funded Debt were menPreference tioned throughout this Part of this Act wherever Debenture Stock is mentioned therein. Stock, and PART IV. Continu ance of Powers. CHANGE OF NAME. XXXVI. Where by any Special Act hereafter passed and incorporating this Part of this Act the Name of any Company incorporated either before or after the passing of this Act for the Purpose of carrying on any Undertaking is changed, then and in every such Case from the passing of the Special Act the Company by their new Name shall have and may exercise the Powers then vested in the Company by their original Name; and all Acts relating to the Company by their original Name shall be read and interpreted as if throughout those Acts, wherever the original Name of the Company or any Reference to the Company by their original Name occurs, the new Name of the Company or a Reference to the Company by their new Name were substituted. abate. XXXVII. No Action, Suit, Bill, Process, Writ, Indict- Actions, ment, Information, or other Proceeding, whether civil or etc. not to criminal, which at or immediately before the passing of the Special Act is commenced and is then pending,-either at the Suit or Instance of the Company, by their original Name, against any other Corporation or any Person, or at the Suit or Instance of any other Corporation or any Person against the Company, by their original Name,-shall abate, determine, or be otherwise impeached or affected for or by reason of the Change of the Name of the Company; nor shall any Notice, Tender, Requisition, Warrant, Summons, Pleading, civil or criminal Writ or other Process, Record, Deed, Contract, Agreement, Writing, or Instrument then or thereafter to be made, issued, written, or commenced, be deemed to be vacated, discharged, invalidated, prejudiced, or affected by reason of the Company or their Undertaking being therein respectively called by the original Name of the Company or Undertaking; and it shall not be necessary in any Bill, Suit, Indictment, Information, Proceeding, Notice, Tender, Requisition, Warrant, Summons, Pleading, civil or criminal Writ, or other Process, or in any Record, Deed, Contract, Agreement, Writing, or other Instrument or Matter, to aver that the Company had been called or known for any Period by the original Name of the Company, or that their Undertaking had been called or known within that Period by the original Name of the Undertaking, and that by the Special Act effecting the Change, the Names of the Company and their Undertaking were changed, and that after the passing of that Special Act the Company had been called or known by their new Name and their Undertaking by its new Name; but it shall be deemed true, lawful, and sufficient therein to aver the Style and describe the Company by their new Name, and their Undertaking by its new Name, in the same Manner as if the Company had been originally incorporated, called, or known by their new Name, and as if their Undertaking had been originally called or known by its new Name. General Saving of Contracts, etc. preserved. XXXVIII. Notwithstanding the Change of the Name of the Company, everything before the passing of the Special Act effecting the Change done, suffered, or confirmed under or by virtue of any other Act shall be as valid as if the Special Act effecting the Change were not passed; and the Change of Name and last-mentioned Special Act respectively shall accordingly be subject and without Prejudice to everything so done, suffered, or confirmed before the passing of the last-mentioned Special Act, and to all Rights, Liabilities, Claims, and Demands, then present or future, which, if the Change of Name had not happened and such last-mentioned Special Act had not been passed, would be incident to or consequent on anything so done, suffered, or confirmed. XXXIX. Notwithstanding the Change of the Name of the Company, all Deeds, Instruments, Purchases, Sales, Securities, and Contracts before the passing of the Special Act effecting the Change made under any other Act, or with reference to the Purposes thereof, shall be as effectual to all Intents in favour of, against, and with respect to the Company as if the Name of the Company had remained unchanged. Short Title. mencement tion of Terms. CAP. CXXIV. An Act for the more effectual Condensation of Muriatic 'WHEREAS it is expedient to provide for the better Condensation of the Muriatic Acid Gas evolved in Alkali Works' 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 Parliament assembled, and by the Authority of the same, as follows: Preliminary. I. This Act may be cited as the Alkali Act, 1863.' II. This Act shall come into operation on the First Day of January One thousand eight hundred and sixty-four. III. The Term 'Alkali Work,' as herein-after used, shall mean every Work for the Manufacture of Alkali, Sulphate of Soda, or Sulphate of Potash in which Muriatic Acid Gas is evolved: The Term Owner,' as herein-after used, shall mean the Lessee or Occupier or any other Person carrying on any The Term 'the Inspector' shall mean the Inspector to be appointed under this Act. Alkali Works. Conduct of IV. Every Alkali Work shall be carried on in such As to the Manner as to secure the Condensation to the Satisfaction Alkali of the Inspector, derived from his own Examination or from Works. that of a Sub-Inspector, of not less than Ninety-five per Centum of the Muriatic Acid Gas evolved therein: Provided always, that nothing herein contained shall entitle the Inspector to direct any Alteration to be made in the Process of Manufacture or the Apparatus used therein. If any Alkali Work is carried on in contravention of this Section, the Owner of that Work shall, on its being made to appear to the Court before which any Proceedings for Recovery of a Penalty may be instituted that Ninetyfive per Centum at least of the Muriatic Acid Gas evolved in such Work has not been condensed, be deemed to be guilty of an Offence against this Act, and be subject in respect of the First Conviction to a Penalty not exceeding Fifty Pounds, and in respect of every Offence after a previous Conviction to a Penalty not exceeding One hundred Pounds: Provided always, that no such Owner shall be convicted of more than One such Offence in respect of any One Day: Provided also, that no such Penalty shall be inflicted unless the Inspector shall produce before the Court having Cognizance of the Matter a Statement in Writing of the Facts on which he founds his Opinion that Ninetyfive per Centum of the Muriatic Acid Gas evolved in the Alkali Work is not condensed therein, and serve a Copy thereof with the Process commencing the Proceedings. V. The Owner of any Alkali Work in which any Offence against this Act has been proved to have been committed, and for which a pecuniary Penalty may be imposed, shall in every Case be deemed to have committed the Offence, and shall be liable to pay the Penalty, unless he shall prove to the Satisfaction of the Court before which any Action shall be brought for the Recovery of such Penalty that he has used due Diligence to comply with and to enforce the Execution of this Act, and that the Offence in question was committed by some Agent, Servant, or Workman, whom he shall charge by Name as the actual Offender, without his Knowledge, Consent, or Connivance, in which Case such Agent, Servant, or Workman shall be liable to and may be sued for the Payment of the Penalty, and of Owner to offences in the first unless he prove that be liable for instance the Offence was com mitted by some me Agent, etc. without his ledge, in which Case such Agent, liable. Know etc. to be |