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cumulative, and to be without Prejudice to any other Remedy or Process against the Company on the Part of Her Majesty or of any Person or Body.

SCHEDULE.

Enactments in Special Acts of existing Companies which are not to be affected by this Act.

87

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Short Title of Act.

Penalty for
selling
poisoned
Grain,

Seed, or
Meal.

Penalty for

sowing, etc.
poisoned
Grain,

Seed, or
Meal.

Solutions or Infu

sions, etc.

CAP. CXIII.

An Act to prohibit the Sale and Use of poisoned Grain or
Seed.-[28th July 1863.]

'WHEREAS it is expedient to prohibit the Sale and Use of
poisoned Grain or Seed: Be it enacted by the Queen's
most Excellent Majesty, by and with the Advice and Con-
sent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority
of the same, as follows:

I. This Act may be cited for all Purposes as 'The Poisoned Grain Prohibition Act, 1863.'

II. Every Person who shall offer or expose for Sale or sell any Grain, Seed, or Meal which has been so steeped or dipped in Poison, or with which any Poison or any Ingredient or Preparation has been so mixed, as thereby to render the same poisonous, and calculated to destroy Life, shall in either Case for every such Offence, upon summary Conviction, as hereinafter provided, forfeit any Sum not exceeding Ten Pounds.

III. Every Person who shall knowingly and wilfully sow, cast, set, lay, put, or place, or cause to be sown, cast, set, laid, put, or placed, into, in, or upon any Ground or other exposed Place or Situation, any such Grain, Seed, or Meal which has been so steeped or dipped in Poison, or with which Poison or any Ingredient or Preparation has been so mixed as thereby to render such Grain, Seed, or Meal poisonous, and calculated to destroy Life, shall, upon a summary Conviction thereof as hereinafter provided, forfeit any Sum not exceeding Ten Pounds.

IV. Nothing in this Act shall prohibit the offering or exposing for Sale or selling or the Use of any Solution or allowed for Infusion, or any Material or Ingredient for dressing, protecting, or preparing any Grain or Seed for bona fide Use in Agriculture only, or the sowing of such last-mentioned Grain or Seed so prepared.

Use in

Agricul

ture.

Recovery

of Penalties.

Applicaof 11 & 12 Vict. c. 43,

and 14 & 15 Vict. c. 93,

to this Act.

V. All Penalties imposed by this Act may be recovered in England and Ireland before Two Justices of the Peace, and in Scotland before Two Justices of the Peace or the Sheriff; and for that Purpose in England and Scotland the Provisions of the Act of the Eleventh and Twelfth Years of Her present Majesty, Chapter Forty-three, and in Ireland" the Petty Sessions (Ireland) Act, 1851,' shall extend and apply to this Act, and to all Proceedings in relation thereto; and it shall not in any such Proceedings be necessary to allege or prove the Ground or other Place where an Offence

(not a Constable) en

to Wit

nesses, etc.

is committed to be the Property of or occupied by any Person: Provided always, that the convicting Justices or Informer Sheriff may, if they or he shall think fit, award to the Informer or Prosecutor (not being a Police Constable or titled to Peace Officer) in any such Proceedings any Portion not Moiety of exceeding One Moiety of any Penalty recovered under the Penalty. aforesaid Enactments: Provided also, that every Informer Indemnity or Prosecutor, and every Person who shall give Evidence against any other Person proceeded against under this Act, shall be freed and discharged from any such Penalty which he may have incurred for or by reason of his having participated or aided in the Commission of the Offence with respect to which he shall so inform or prosecute or give Evidence, provided the Information against such other Person has been laid, or such Evidence has been given, before the laying of any Information (if any) against such Informer, Prosecutor, or Witness for the Recovery of any Penalty he may have so incurred.

CAP. CXV.

An Act to explain the Act for the Amendment of the Law relative to gratuitous Trustees in Scotland.-[28th July 1863.

'WHEREAS an Act was passed in the Twenty-fourth and Twenty-fifth Years of the Reign of Her present Majesty, intituled An Act to amend the Law in Scotland relative to 24 & 25 the Resignation, Powers, and Liabilities of gratuitous Trus- Vict. c. 84. tees: And whereas Doubts have arisen as to the Trusts to which the recited Act applies:' Be it 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:

I. The recited Act is and shall be applicable to all Trusts constituted by virtue of any Deed or Local Act of Parliament under which gratuitous Trustees are nominated, at whatever Time such Trusts may have been or may be constituted.

II. The Expression gratuitous Trustees' in the recited Act and this Act shall extend to and include gratuitous Trustees who are appointed or who hold ex officio.

m

Recited Act

to apply to whatever

Trusts at

Time constituted.

Acts to extend to gratuitous Trustees,

ex officio.

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CAP. CXVIII.

An Act for consolidating in One Act certain Provisions frequently inserted in Acts relating to the Constitution and Management of Companies incorporated for carrying on Undertakings of a public Nature.-[28th July 1863.]

WHEREAS The Companies Clauses Consolidation Act, 1845, and the Companies Clauses Consolidation (Scotland) Act, 1845, respectively, were passed in order to comprise in One General Act such Provisions relating to the Constitution and Management of Joint Stock Companies incorporated for the Purpose of carrying on Undertakings of a public Nature in England or Ireland, or in Scotland, respectively, as were at the Times of the passing of those Acts usually introduced into Acts of Parliament relating to such Companies :

'And whereas sundry Provisions of the like Nature, but not comprised in the said General Acts respectively, are now frequently introduced into Acts of Parliament relating to such Companies, and it is expedient to comprise such last-mentioned Provisions also in One General Act, such Act to be applicable to England or Ireland, or to Scotland, as the Case may require, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in the Acts relating to such Undertakings, as for ensuring greater Uniformity in the Provisions themselves :'

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:

I. This Act may be cited as The Companies Clauses Act, 1863.

II. This Act shall be deemed to be divided into Four
Parts, as follows:

Part I. relating to Cancellation and Surrender of
Shares;

Part II. relating to Additional Capital;

Part III. relating to Debenture Stock;

Part IV. relating to Change of Name.

PART I.

CANCELLATION AND SURRENDER OF SHARES.

III. This Part of this Act shall apply to every Company incorporated either before or after the passing of this Act

which obtains a Special Act incorporating this Part of this Act.

to cancel

IV. Where any Share of the Capital of the Company is Power to after the passing of this Act declared forfeited under and in Company pursuance of the Provisions with respect to the Forfeiture forfeited of Shares for Nonpayment of Calls contained in The Com- Shares. panies Clauses Consolidation Act, 1845, and the Companies Clauses Consolidation (Scotland) Act, 1845, respectively, and the Forfeiture is confirmed by a Meeting in accordance with the same Provisions respectively, and Notice of the Forfeiture has been given,-then and in every such Case, if the Directors of the Company are unable to sell the Share for a Sum equal to the Arrears of Calls and Interest and Expenses due in respect thereof, the Company at any General Meeting held not less than Two Months after such Notice is given may, in case Payment of the Arrears of Calls, Interest, and Expenses due in respect thereof is not made by the registered Holder of the Share before the Meeting is held, resolve that the Share instead of being sold shall be cancelled, and the Share shall thereupon be cancelled accordingly.

lation of

V. A Declaration in Writing made by some credible Evidence Person, in England or Ireland before a Justice, and in for CancelScotland before any Sheriff or Justice, stating that a Sum forfeited of Money sufficient to pay the Arrears of Calls, Interest, Shares. and Expenses due in respect of the Share could not at the Time of the Cancellation of the Share be obtained for the same upon the Stock Exchange prescribed in the Special Act, and if no Stock Exchange is prescribed then upon the Stock Exchange, as to England, of the City of London, and as to Scotland of the City of Edinburgh, and as to Ireland of the City of Dublin, shall be sufficient Evidence of the Fact so declared.

arrear not

lation.

VI. Where it is so resolved that any Share shall be can- Payment celled, the Holder thereof shall from and after the passing of Calls in of the Resolution be precluded from all Right and Interest withstandtherein and in respect thereof; but the Cancellation shall ing Cancelnot affect the Liability of the last registered Holder of the Share to pay to the Company all Arrears of Calls, Interest, and Expenses due in respect of the Share at the Time of the Cancellation, or the Power of the Company to enforce Payment thereof by Action or otherwise.

forfeited

from

VII. Provided always, That if the Company enforces Value of the Payment of the Arrears of Calls, Interest, and Expenses Shares to under the last preceding Provision, the Value of the Share be deducted at the Time of the Cancellation thereof shall be deducted Amount from the Amount so then due; provided also, that if Pay- due in ment of all Arrears of Calls, Interest, and Expenses is thereof.

respect

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