Penalty for defacing Boards

used for such Publication.

Penalties to be summarily recovered before Two Justices.

Penalties may be levied by Distress.

Imprisonment

in default of Distress.

Penalty shall be recoverable unless it shall have been published and kept published in the Manner herein-before required.

CXLVI. If any Person pull down or injure any Board put up or affixed as required by this or the special Act, or any Act incorporated therewith, for the Purpose of publishing any Bye Law or Penalty, or shall obliterate any of the Letters or Figures thereon, he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expences attending the Restoration of such Board.

CXLVII. Every Penalty or Forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any Bye Law made in pursuance thereof, the Recovery of which is not otherwise provided for, may be recovered by summary Proceeding before Two Justices; and on Complaint being made to any Justice he shall issue a Summons, requiring the Party complained against to appear before Two Justices at a Time and Place to be named in such Summons; and every such Summons shall be served on the Party offending, either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence, after Proof of the due Service of such Summons, it shall be lawful for Two Justices to proceed to the hearing of the Complaint, and that although no Information in Writing or in Print shall have been exhibited before them; and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Costs attending the Conviction as such Justices shall think fit.

CXLVIII. If forthwith upon any such Adjudication as aforesaid, the Amount of the Penalty or Forfeiture, and of such Costs as aforesaid, be not paid, the Amount of such Penalty and Costs shall be levied by Distress; and such Justices, or either of them, shall issue their or his Warrant of Distress accordingly.

CXLIX. It shall be lawful for any such Justice to order any Offender so convicted as aforesaid to be detained and kept in safe Custody until Return can be conveniently made to the Warrant of Distress to be issued for levying such Penalty or Forfeiture, and Costs, unless the Offender give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction of the Justice, for his Appearance before him on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Distress it shall appear to the Justice, by the Admission of the Offender or otherwise, that no sufficient Distress can be had within the Jurisdiction of such Justice whereon to levy such Penalty or Forfeiture, and Costs, he may, if he thinks fit, refrain from issuing such Warrant of Distress; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall, by Warrant, cause such Offender to be committed to Gaol, there to remain without Bail for any Term

Term not exceeding Three Months, unless such Penalty or Forfeiture, and Costs, be sooner paid and satisfied.

CL. Where in this or the special Act, or any Act incorporated Distress how to therewith, any Sum of Money, whether in the Nature of Penalty be levied. or otherwise, is directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money, and the Expences of the Distress and Sale, shall be returned, on demand, to the Party whose Goods shall have been distrained.

lawful for Want

of Form.

CLI. No Distress levied by virtue of this or the special Act, or Distress not unany Act incorporated therewith, shall be deemed unlawful, nor shall any Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case. CLII. The Justices by whom any such Penalty or Forfeiture Application of shall be imposed may, where the Application thereof is not other- Penalties. wise provided for, award not more than One Half thereof to the Informer, and shall award the Remainder to the Overseers of the Poor of the Parish in which the Offence shall have been committed, for the Benefit of the Poor of such Parish; or if the Place wherein the Offence shall have been committed shall be extra-parochial, then such Justices shall direct such Remainder to be applied for the Benefit of the Poor of such extra-parochial Place, or of any adjoining Parish or District, and shall order the same to be paid over to the proper Officer for that Purpose.

Six Months.

CLIII. No Person shall be liable to the Payment of any Penalty Penalties to be or Forfeiture imposed by virtue of this or the special Act, or any sued for within Act incorporated therewith, for any Offence made cognizable before a Justice, unless the Complaint respecting such Offence shall have been made before such Justice within Six Months next after the Commission of such Offence.

CLIV. If through any Act, Neglect, or Default, on account whereof any Person shall have incurred any Penalty imposed by this or the special Act, or any Act incorporated therewith, any Damage to the Property of the Company shall have been committed by such Person, he shall be liable to make good such Damage, as well as to pay such Penalty; and the Amount of such Damages shall, in case of Dispute, be determined by the Justices by whom the Party incurring such Penalty shall have been convicted; and on Nonpayment of such Damages, on Demand, the same shall be levied by Distress, and such Justices, or One of them, shall issue their or his Warrant accordingly.

Damage to be made good in

addition to Penalty.

CLV. It shall be lawful for any Justice to summon any Per- Penalty on son to appear before him as a Witness in any Matter in which Witnesses maksuch Justice shall have Jurisdiction under the Provisions of this ing default. or the special Act, or any Act incorporated therewith, at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify, the Truth in such Matter; and if any Person

Recovery of Damages and Penalties.

Transient Offenders.

Form of Conviction.

Proceedings

not to be quashed for

Want of Form.

Appeal.

Parties allowed to appeal to Quarter Sessions on giving Security.

Court to make such Order as they think reasonable.

so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expences, or if any Person appearing shall refuse to be examined upon Oath or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence.

CLVI. It shall be lawful for any Officer or Agent of the Company, and all Persons called by him to his Assistance, to seize and detain any Person who shall have committed any Offence against the Provisions of this or the special Act, or any Act incorporated therewith, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him, with all convenient Despatch, before some Justice, without any Warrant or other Authority than this or the special Act; and such Justice shall proceed with all convenient Despatch to the hearing and determining of the Complaint against such Offender.

CLVII. The Justices before whom any Person shall be convicted of any Offence against this or the special Act, or any Act incorporated therewith, may cause the Conviction to be drawn up according to the Form in the Schedule (G.) to this Act

annexed.

CLVIII. No Proceeding in pursuance of this or the special Act, or any Act incorporated therewith, shall be quashed or vacated for Want of Form, nor shall the same be removed by Certiorari or otherwise into any of the Superior Courts.

CLIX. If any Party shall feel aggrieved by any Determination or Adjudication of any Justice with respect to any Penalty or Forfeiture under the Provisions of this or the special Act, or any Act incorporated therewith, such Party may appeal to the General Quarter Sessions for the County or Place in which the Cause of Appeal shall have arisen; but no such Appeal shall be entertained unless it be made within Four Months next after the making of such Determination or Adjudication, nor unless Ten Days Notice in Writing of such Appeal, stating the Nature and Grounds thereof, be given to the Party against whom the Appeal shall be brought, nor unless the Appellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties, before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon.

CLX. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a summary Way, or they may, if they think fit, adjourn it to the following Sessions; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress upon his Goods, to be returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge reasonable; and they may make such Order concerning the Costs, both of the Adjudication and of the Appeal, as they may think

reasonable.

And

And with respect to the Provision to be made for affording Access to the special Act by all Parties interested, be it enacted as follows:

Access to

Special Act.

and allowed

CLXI. The Company shall, at all Times after the Expiration Copies of special of Six Months after the passing of the special Act, keep in their Act to be kept principal Office of Business a Copy of the special Act, printed by and deposited, the Printers to Her Majesty, or some of them; and where the to be inspected. Undertaking shall be a Railway, Canal, or other like Undertaking, the Works of which shall not be confined to one Town or 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, and in the Office of the Town Clerk of every Burgh or City into which or within One Mile of which the Works shall extend, a Copy of such special Act so printed as aforesaid; and the said Clerks of the Peace and Town Clerks 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 Manner 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 An Act to compel 7 W. 4. & Clerks of the Peace for Counties and other Persons to take the 1 Vict. c. 83. Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.

CLXII. If the Company shall fail to keep or deposit as herein- Penalty on failbefore mentioned any of the said Copies of the special Act, they ing to keep or shall forfeit Twenty Pounds for every such Offence, and also deposit such Five Pounds for every Day afterwards during which such Copy shall be not so kept or deposited.

Copies.

CLXIII And be it enacted, That this Act shall not extend to Act not to exScotland.

tend to Scotland.

For recovering
Calls against

residing in

CLXIV. Provided always, and be it enacted, That if any Shareholder residing in Scotland shall fail to pay the Amount of any Call made upon him by the Company in respect of any Share Shareholders held by him, it shall be lawful for the Company to proceed against Scotland. him in Scotland, and to sue for and recover the Amount of such Call, or to declare such Share forfeited, in such Manner as is by "The Companies Clauses Consolidation (Scotland) Act, 1845," in case the same shall pass into a Law, provided in regard to Shareholders of any Company in Scotland.

CLXV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament.

SCHEDULES referred to by the foregoing Act.

SCHEDULE (A.)

Form of Certificate of Share.

Act.

Company," subject to the Regulations of the said Company. Given under the Common Seal of the said Company, the

Day of

I

Sum of

in the Year of our Lord

SCHEDULE (B.)

Form of Transfer of Shares or Stock.

of

paid to me by

do hereby transfer to the said

numbered

in consideration of the

of

Share [or Shares],

in the Undertaking called "The
Pounds Consolidated Stock in the
Company," standing (or

Company" [or

Undertaking called "The

Part of the Stock standing) in my Name in the Books of the Company], to hold unto the said

his Executors, Administrators, and Assigns [or Successors and Assigns], subject to the several Conditions on which I held the same at the Time of the Execution hereof; and I the said do hereby agree to take the said Share [or Shares] [or Stock], subject to the same Conditions. As witness our Hands and Seals, the Day of

Mortgage, Number

Company."
£

"The

Pounds

By virtue of [here name the special Act], we, Company," in consideration of the Sum of paid to us by A.B. of do assign unto the said A.B., his Executors, Administrators, and Assigns, the said Undertaking [and (in case such Loan shall be in anticipation of the Capital authorized to be raised) all future Calls on Shareholders], and all the Tolls and Sums of Money arising by virtue of the said Act, and all the Estate, Right, Title, and Interest of the Company in the same; to hold unto the said A.B., his Executors, Administrators, and Assigns, until the said Sum of together with Interest for the same at the Rate of for every One hundred Pounds by the Year, be satisfied [the Principal Sum to be repaid at the End of from the Date hereof (in case any Period be agreed upon for that Purpose)], [at or any Place of Payment other than the principal Office of the Company]. Given under our Common Seal, this Day of in the Year of our

By virtue of [here name the special Act], we, "The Company," in consideration of the Sum of

Pounds to

do bind ourselves and our

Successors unto the said A.B., his Executors, Administrators,

us in hand paid by A.B. of

and Assigns, in the penal Sum of

Pounds.

The