Railway Companies Act, 1867

• Permanent Page URL

Provision for cases where a company whose office is in England have a railway or part of a railway in Scotland.

21. Where a company whose principal office is situate in England have a railway or part of a railway in Scotland, the following provisions shall have effect :

(1.) Any scheme under this Act shall be filed in the Court of Chancery in England :

(2.) Where, after the filing of the scheme, any person who is not amenable to the jurisdiction of the Court of Chancery in England brings any action against the company in Scotland, the Court of Session may, on the application of the company by petition in a summary way, sist, stay, or interdict the same on such terms as the Court thinks fit :

(3.) Notice of the filing of the scheme shall be published in the Edinburgh Gazette; and after such publication no diligence against the property of the company in Scotland shall be available for any person who is not amenable to the jurisdiction of the Court of Chancery in England without the leave of the Court of Session, to be obtained on petition in a summary way :

In this section the term “Court of Session” means either division of the Court of Session, or in time of vacation the Lord Ordinary officiating on the Bills.