AGREEMENT between the Treasury and the West Highland Railway Company.

AN AGREEMENT under Seal made this tenth day of March one thousand eight hundred and ninety-six, between William Hayes Fisher, Esquire, and Edward George Villiers Stanley (commonly called Lord Stanley) two of the Lords Commissioners of Her Majesty's Treasury (herein-after called "the Treasury "), of the first part, and the West Highland Railway Company (herein-after called "the Company ") of the second part :

Whereas by the West Highland Railway Act, 1894 (herein-after called the said Act", the Company were empowered to construct an extension of their railway from Banavie to Mallaig, with a pier and other works connected therewith, and to raise two hundred and sixty thousand pounds additional share capital and to borrow one hundred and twenty-eight thousand pounds as in the said Act mentioned.

And whereas sections 51 and 52 of the said Act are as follows:

(51.) "In the event of the Treasury being authorised to guarantee the payment of interest or dividend on the whole or any portion of the share and loan capital to be raised under this Act, and to grant any sum or sums of money towards the cost of constructing the pier, breakwater, and other works by this Act authorised, the Company may enter into and fulfil agreements with the Treasury with respect to such guarantee and grant, and may accept and comply with such conditions and obligations as the Treasury may attach thereto, provided that such conditions and obligations do not diminish the security of any mortgages or debenture stock granted or issued by the Company before the date of such Agreement."

(52.) In the event of the Treasury being authorised to guarantee and guaranteeing, for a period of thirty years from the date of the opening for passenger traffic of the railway by this Act authorised, the payment of interest or dividend, at the rate of three pounds per centum per annum, on two hundred and sixty thousand pounds of the share and loan capital to be raised under this Act, and granting a sum of thirty thousand pounds towards the cost of constructing the pier, breakwater, and other works by this Act authorised, sections 41 and 43 of the North British Railway Act, 1893, and the Agreement set forth in the

Third Schedule to that Act, except Article Seventh thereof, shall be held to extend to and works by this Act authorised, and if the net include the railway, pier, breakwater, and revenue accruing to the Company from the said railway, pier, breakwater, and works after payment of the items included in Article Sixth of the said Agreement is not, along with the interest or dividend to be received by the Company from the Treasury, sufficient in any half-year, at the rate of three pounds per half-year, to pay interest or dividend for such centum per annum on the whole paid-up share and loan capital of the Company to be raised under this Act, the North British Railway Company shall contribute such sum as may be necessary to make up interest or dividend at that rate upon the paid-up share and loan capital of the Company, and may undertake to contribute such additional sum as may be necessary to make up such interest or dividend to the rate of three pounds ten shillings per centum per annum, and the whole surplus if any of the net revenues of the Company, after payment of such interest or dividend at either of the rates aforesaid, shall belong and be paid to the North British Railway Company."

And whereas Her Majesty's Government propose to introduce a Bill into Parliament authorising the Treasury to guarantee on such terms as they think fit for a period of thirty years from the date of the opening for passenger traffic of the railway authorised by the said Act (herein-after referred to as "the railway") the payment of interest or dividend at the rate of three pounds per centum per annum on the two hundred and sixty thousand pounds of share capital to be raised under the said Act and to grant the said sum of thirty thousand pounds:

It is agreed in the event of the said Bill becoming an Act as follows:

(1.) From the date of the opening for traffic of any portion of the railway, the Company will in the first instance apply fifty per cent. of the gross revenues arising therefrom after payment thereout of (1) Government duty and (2) poor school county and other rates and taxes towards payment of a dividend of three per centum on the above-mentioned capital of two hundred and sixty thousand pounds.

(2.) The Company shall render to the Board of Trade, half-yearly or otherwise as the Treasury may direct, returns of all traffic arising or terminating on or passing over

(4.) The Company will keep or procure to be kept by the Company working the railway proper and sufficient accounts and vouchers, which shall be open at all reasonable times to examination and transcription by the Board of Trade. (5.) On the fulfilment by the Company from time to time and at all times during the continuance of this Agreement of the above conditions, the Treasury will guarantee for a period of thirty years from the date of the opening for passenger traffic of the railway, the payment of interest or dividend at the rate of three pounds per centum per annum on the two hundred and sixty thousand pounds of share capital to be raised under the said Act, and will pay half yearly to the Company such sum as along with the balance of fifty per centum of the gross revenues of the Company arising from the railway after payment thereout of Government duty and rates and taxes as aforesaid may be necessary to enable the Company to pay a dividend for the half year immediately preceding the date of payment of three pounds per centum per annum on the said capital of two hundred and sixty thousand pounds.

(6.) Her Majesty's Government will pay to the Company the said sum of thirty thousand pounds towards the cost of the construction of the said pier and breakwater on the completion thereof being certified by the Board of Trade. (7.) No liability shall attach to the Treasury under this Agreement other than the

liability to pay in accordance with clause 6 A of this Agreement the said sum of thirty thousand pounds, and from time to time during the continuance of this Agreement such sums as may be required to give effect to clause 5 of this Agreement out of moneys provided by Parliament, or if such moneys are not sufficient, out of moneys charged on and paid out of the Consoli dated Fund or the growing produce there. of; provided that such last-mentioned moneys shall not be payable as part of the annual charge for the National Debt. (8.) If at any time during the continuance of this Agreement the portion of the undertaking of the Company authorised by the said Act is, with the sanction of Parliament, acquired by and transferred to or amalgamated with the undertaking of any other company or companies, then, on the completion of such acquisition, transfer, or amalgamation such other company or companies shall be and be deemed to be substituted for the Company in these presents.

(9.) This Agreement is in substitution of the Agreement between the Company and two of the Lords Commissioners of Her Majesty's Treasury dated the seventh day of May one thousand eight hundred and ninety-five.

IN WITNESS whereof the parties hereto of the first part have to one part of these presents set their hands and seals and the Company have to another part of these presents caused their common seal to be affixed the day and year first above written.

The Common Seal of the West Highland Railway Company was hereunto affixed in the presence of

L. S.

G. B. STRICLAND, Secretary, West Highland Railway Company.

1. Short title.

A.D. 1896. An Act to amend the Baths and Washhouses Acts. [14th August 1896.]

Short title.

Amendment
of 41 & 42
Vict. c. 14.
S. 5.,

56 & 57 Vict.

c. 73. ss. 7 and 33 (1)

(6).

WHEREAS it is expedient to amend the provisions of the Baths and Washhouses Act, 1878, with respect to the use which may be made of baths provided under the Baths and Washhouses Acts, 1846 to 1832:

Be it therefore 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:

1. This Act may be cited for all purposes as the Baths and Washhouses Act, 1896, and this Act and the Baths and Washhouses Acts, 1846 to 1882, may be cited together for all purposes as the Baths and Washhouses Acts, 1846 to 1896.

2. From and after the passing of this Act the following proviso to section five of the Baths and Washhouses Act, 1878, viz. : "Provided always that no covered or open

66

swimming bath when closed may be used "for music or dancing," shall be repealed, so far as the administrative county of London is concerned.

or other representative body to whom A.D. 1896.
the powers of the said Commissioners
shall have been transferred by any order
of the Local Government Board made
under the provisions of the Local Govern-
ment Act, 1894, which Commissioners,
sanitary authority, or representative body,
are herein-after referred to as
"such
Commissioners," shall before any such
bath is used for music or dancing obtain
a licence from the London County
Council in the manner herein-after pre-
scribed;

(b.) That no portion of the premises in
respect of which the licence is granted
be let otherwise than occasionally to
any person or persons corporate or other-
wise, and that no money for admission be
taken at the doors;

(c.) That such Commissioners be responsible for any breach of the conditions on which the licence is granted which may occur during any entertainment given on such premises by their permission.

3. At any annual licensing meeting, or at Licence any other meeting duly convened with four- by London County teen days' previous notice, the London County Council. Council may grant a licence for music or dancing, or for both purposes, to such Commissioners, subject to the provisions of the 25 Geo. 2. Disorderly Houses Act, 1751, as amended by 51 & 52 Vict. the Local Government Act, 1888.

c. 36.

c. 41.