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ABANDONMENT OF RAILWAYS ACT 1850 - SECT 35

Saving as to pending actions, &c.

35. Provided always, that this Act, or any proceeding thereunder, shall not
prejudice or affect ... any action, suit, or other proceeding against a
company which shall not have obtained a warrant authorizing the abandonment of
the railway or part of a railway in respect of which such action, suit, or
other proceeding shall be instituted, unless such company shall, within three
days after notice for that purpose from the party suing them, give such party
notice of their intention to apply for such warrant, and shall obtain the same
and serve notice thereof on such party within three calendar months
thereafter, but all such actions and suits and other proceedings shall be
proceeded with, and judgments recovered, and rules, orders, and decrees made
therein shall be enforced, as if this Act had not been passed, save only that
the same, after notice given by the company of their intention to abandon as
aforesaid shall be suspended for three calendar months, if the warrant be
refused or be not obtained within that time.

© 1850 Crown Copyright

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