except where the application thereof is otherwise specially provided for, shall be paid to the receiver of the metropolitan police district, and shall be applied in the same manner as penalties or forfeitures, other than fines upon drunken persons, or upon constables for misconduct, or for assaults upon police constables, are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the third year of the reign of Her present Majesty, intituled " An Act for regulating the Police Courts in the Metropolis;" and every order or conviction of any of the police magistrates in respect of any such forfeiture or penalty shall be subject to the like appeal and upon the same terms as is provided in respect of any order or conviction of any of the said police magistrates by the said last-mentioned Act; and every magistrate by whom any order or conviction shall have been made, shall have the same power of binding over the witnesses who shall have been examined, and such witnesses shall be entitled to the same allowance of expenses, as he or they would have had or been entitled to in case the order, conviction, and appeal had been made in pursuance of the provisions of the said last-mentioned Act. CXLIX. And be it enacted, That any person who, upon Persons any examination upon oath under the provisions of this or giving false the special Act, or any Act incorporated therewith, shall wil- evidence fully and corruptly give false evidence, shall be liable to the penalties of penalties of wilful and corrupt perjury. perjury. liable to And with respect to the provision to be made for affording Access to access to the special Act by all parties interested, be it enacted special Act. as follows: CL. The company shall, at all times after the expiration of Copies of six months after the passing of the special Act, keep in their special Act to be kept principal office of business a copy of the special Act, printed and depoby the printers to Her Majesty, or some of them; and where sited, and the undertaking shall be a railway, canal, or other like under- allowed to be taking, the works of which shall not be confined to one town or inspected. place, shall also within the space of such six months deposit in the office of each of the clerks of the peace of the several counties into which the works shall extend a copy of such special Act so printed as aforesaid; and the said clerks of the peace shall receive, and they and the company respectively shall retain, the said copies of the special Act, and shall permit all persons interested to inspect the same, and make extracts or copies therefrom, in the like manuer, and upon the like terms, and under the like penalty for default, as is provided in the case of certain plans and sections by an Act passed in the first year of the reign of Her present Majesty, intituled 7 W.4 & "An Act to compel Clerks of the Peace for Counties and other 1 Vict. c. 83. Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament." Penalty on company failing to keep or deposit. Act not to extend to Scotland. Act may be amended this session. CLI. If the company shall fail to keep or deposit, as herein before mentioned, any of the said copies of the special Act, they shall forfeit 201. for every such offence, and also 51. for every day afterwards during which such copy shall be not so kept or deposited. CLII. And be it enacted, that this Act shall not extend to Scotland. CLIII. And be it enacted, that this Act may be amended or repealed by any Act to be passed in the present session of parliament. I SCHEDULES referred to in the foregoing Act. - of SCHEDULE (A.) Form of Conveyance. in consideration of the sum of and C. D. of paid to me [or, as the case may be, into the Bank of England [or Bank of Ireland], in the name and with the privity of the accountant-general of the court of Chancery, ex parte "The Promoters of the Undertaking" [naming them] or to A. B. of two trustees appointed to receive the same], pursuant to the [here name the special Act], by the [here name the company or other promoters of the undertaking], incorporated [or constituted] by the said Act, do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereto belonging, and all such estate, right, title, and interest in and to the same as I am or shall become seised or possessed of, or am by the said Act empowered to convey, to hold the premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act. In witness whereof I have hereunto set my hand and seal, the day of in the year of our Lord of SCHEDULE (B.) Form of Conveyance on Chief Rent. in consideration of the rentcharge to be paid to me, my heirs and assigus, as herein after mentioned, by "The Promoters of the Undertaking" [naming them] incorporated [or constituted] by virtue of the [here name the special Act], do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all my estate, right, title, and interest in and to the same and every part thereof, to hold the said premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act, they the said company [or other description], their successors and assigns, yielding and paying unto me, my heirs and assigns, one clear yearly rent of by equal quarterly [or half-yearly, as agreed upon,] portions henceforth on the [stating the days], clear of all taxes and deductions. In witness whereof I hereunto set my hand and seal, the in the year of our Lord day of SCHEDULE (C.) Form of Conviction. to wit. day of Be it remembered, that on the of our Lord in the year A. B. is convicted before us, C., D., two of Her Majesty's justices of the peace for the county of [here describe the offence generally, and the time and place when and where committed], contrary to the [here name the special Act]. Given under our hands and seals, the day and year first above written. C., D. 8 & 9 Vict. c. 18. Part of sect. 10 of recited Act repealed. Sects. 10 and 23 & 24 VICT. CAP. 106. AN ACT TO AMEND THE LANDS CLAUSES CONSOLIDATION 20TH AUGUST, 1860. WHEREAS it is expedient to extend the provisions of the "Lands Clauses' Consolidation Acts, 1845," in regard to sales of land, or compensation for damages, in consideration of an annual rentcharge, annual feu duty or ground annual, and to enable Her Majesty's principal secretary of state for the war department to avail himself of the powers and provisions contained in the same Act for the purchase of lands wanted for the service of the war department or for the defence of the realm: 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. So much of the tenth section of the "Lands Clauses' Consolidation Act, 1845," as provides that, save in the case of lands of which any person is seised in fee or entitled to dispose absolutely for their own benefit, the consideration to be paid for any lands, or for any damage done thereto, shall be in a gross sum, is hereby repealed. II. The power to sell and convey lands in consideration of 11 of recited an annual rentcharge provided by the tenth section of the said power to sell Act, and the power to recover such rentcharge provided by the &c., lands for eleventh section of the said Act, are hereby extended to all Act, as to an annual rentcharge, cases of sale and purchase or compensation under the said Act where the parties interested in such sale or entitled to such compensation are under any disability or incapacity, and have and to no power to sell or convey such lands, or to receive such recover, compensation, except under the provisions of the said Act. extended to all sales, &c. where parties III. The power to sell and convey lands in consideration of are under an annual feu duty or ground annual, under the tenth section disability. of the "Lands' Clauses Consolidation (Scotland) Act, 1845," and Similar prothe power to recover such annual feu duty or ground annual, viso with are hereby extended to all cases of sale or purchase or com- regard to pensation under the said Act, where the parties interested in such sale are under any disability or incapacity, and have no 10 of 8 & 9 power to sell or convey such lands, or to receive such com- Vict. c. 19. pensation, except under the provisions of the said Act. lands sold under sect. tion of re IV. In every case of such sale or compensation by and Amount of rentcharge parties other than parties seised in fee or entitled to dispose to be settled absolutely of the lands so sold or damaged, the amount of in manner such rentcharge, annual feu duty or ground annual, herein- directed in before mentioned, shall be settled in the manner directed in the 9th secthe ninth section of each of the said Acts respectively: Pro- cited Acts. vided that the amount of such annual rentcharge, annual feu duty or ground annual, shall in no case be less than one-fourth part greater than the net annual rent received by the parties beneficially interested in such lands, upon an average of the last seven years; and that a charge of five per cent. on the gross sum estimated or fixed as aforesaid, by way of compensation for any damage that may be done to the said lands, shall in all such cases be added to and shall form a part of the said rentcharge, annual feu duty or ground annual; and that no fine, foregift, grassum, premium, or other consideration in the nature thereof shall be paid or taken in respect of the lands so sold or damaged, other than the annual rentcharge, annual fen duty or ground annual, made payable for such lands: Provided also, that such rentcharge shall be and remain upon and for the same uses, trusts, and purposes as those upon which the rents and profits of the land so conveyed stood settled or assured at or immediately before the conveyance thereof, and shall be a first charge on the tolls and rates, if any, payable under the special Act. V. In case the promoters of the undertaking shall be If lands empowered, by any Act or Acts relating thereto, to be passed purchased by way of rentafter the passing of this Act, to borrow money to an amount charge, not exceeding a prescribed sum, then in the event of the pro- borrowing moters of the undertaking agreeing at any time after the powers to be reduced propassing of this Act with any person under the powers of this Act and of either of the Acts herein before mentioned, or of either of the said Acts only, for the purchase of any lands in consideration of the payment of a rentcharge, annual fen duty or ground annual, the powers of the promoters of the undertaking for borrowing money shall be reduced by an amount portionally. |