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Railways Clauses Consolidation Act 1845

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This is the original version (as it was originally enacted).

Leasing of Railway

And with respect to leasing the Railway, be it enacted as follows :

CXIIExercise of Power to lease the Railway.

Where the Company shall be authorized by the Special Act to lease the Railway or any Part thereof to any Company or Person, the Lease to be executed in pursuance of such Authority shall contain all usual and proper Covenants on the Part of the Lessee for maintaining the Railway, or the Portion thereof comprised in such Lease, in good and efficient Repair and working Condition during the Continuance thereof, and for so leaving the same at the Expiration of the Term thereby granted, and such other Provisions, Conditions, Covenants, and Agreements as are usually inserted in Leases of a like Nature.

CXIIIPowers vested in the Company may be exercised by the Lessees.

Such Lease shall entitle the Company or Person to whom the same shall be granted to the free Use of the Railway or Portion of Railway comprised therein, and during the Continuance of any such Lease all the Powers and Privileges granted to and which might otherwise be exercised and enjoyed by the Company, or the Directors thereof, or their Officers, Agents, or Servants, by virtue of this or the Special Act, with regard to the Possession, Enjoyment, and Management of the Railway, or of the Part thereof comprised in such Lease, and the Tolls to be taken thereon, shall be exercised and enjoyed by the Lessee, and the Officers and Servants of such Lessee, under the same Regulations and Restrictions by this or the Special Act imposed on the Company, and their Directors, Officers, and Servants; and such Lessee shall, with respect to the Railway comprised in such Lease, be subject to all the Obligations by this or the Special Act imposed on the Company.

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