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Power to issue baronial guaranteed shares. 11. The railway company in addition to any share capital they are authorised to raise under the provisions of this Act, may, for the purposes of the undertaking, create and issue new shares to the extent to which the capital of the promoters (if any) upon which payment of dividends may have been guaranteed pursuant to the provisions of the Act of 1883, shall not have been issued, and such shares are in this Act referred to as the baronial guaranteed shares and shall be designated in the books of the railway company and the certificates issued therefor by the same or some other similar appropriate description. The railway company in lieu of issuing all or any of the baronial guaranteed shares which they are by this Act authorised to create and issue, may raise by the creation and issue of debenture stock of the railway company the like amount of capital which they are by this Act authorised to raise by the creation and issue of the baronial guaranteed shares which shall not be created and issued, and to the extent to which the power shall be exercised, the railway company shall be deemed to be the owners of the baronial guaranteed shares which by reason of the exercise of such powers shall not be issued and shall be entitled to receive and retain the dividends thereon. And the creation and issue of such debenture stock shall be subject to the provisions of Part III of the Companies Clauses Act, 1863, but notwithstanding anything therein contained, the interest of all debenture stock at any time after the agreement for transfer shall have been approved by the Railway and Canal Commission, shall rank pari passu with the interest of all mortgages at any time thereafter granted by the railway company, and shall have priority over all principal moneys secured by such mortgages.
© 1890 Crown Copyright
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