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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]. In witness whereof, &c. [Here insert the Testing Clause of Deeds executed in Scotland.
By virtue of [here name the special Act], we "The
Company," in consideration of the Sum of
to us in hand paid by A. B. of
do bind ourselves
Pounds, to be
and our Successors unto the said A. B., his Executors, Administrators, and Assigns, in the Sum of repaid to the said A. B., his Executors, Administrators, or Assigns, (in case any other Place of Payment than
the principal Office of the Company be intended) on the Day of
eight hundred and
able half-yearly on the
which will be in the Year One thousand
with a Fifth Part more of liquidate together with Interest for the same at Pounds per Centum per Annum, pay
Day of and In witness whereof, &c.
[Here insert the Testing Clause of Deeds executed in Scotland.]
I A. B. of
Form of Transfer of Mortgage or Bond.
in consideration of the Sum of
paid to me by G. H. of do hereby transfer to the said G. H., his Executors, Administrators, and Assigns, a certain Bond [or Mortgage] Number
made by "The
bearing Date the
Day of for securing the Sum of Interest [or, if such Transfer be by Endorsement, the within Security, and all my Right, Estate, and Interest in and to the Money thereby secured [and if the Transfer be of a Mortgage, and in and to the Tolls, Money, and Property thereby assigned.] [Here insert Scotch Testing Clause, if executed in Scotland, and if executed in England, the Form of Attestation usual in England]
Form of Proxy.
One of the Proprietors of "The
Company," doth hereby appoint C. D. of
to be the
Proxy of the said A. B., in his Absence to vote in his Name upor any Matter relating to the Undertaking proposed at the Meeting of the Proprietors of the said Company to be held on the Day of next, in such Manner as he the said C.D doth think proper. In witness whereof the said A. B. hath here
unto set his Hand [or, if a Corporation, say the Common Seal
of the Corporation, the
thousand eight hundred and
Form of Conviction before
BE it remembered, That on the
in the Year of our Lord
A. B. is convicted before
me C., the Sheriff, or before us D., E., Two of Her Majesty's
first above written.
CA P. XVIII.
An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature. [8th May 1845.]
HEREAS it is expedient to comprise in One general Act sundry Provisions usually introduced into Acts of Parliament relative to the Acquisition of Lands required for Undertakings or Works of a public Nature, and to the Compensation to be made for the same, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring 'greater Uniformity in the Provisions themselves:' May it therefore please Your Majesty that it may be enacted; and 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, That this Act shall apply to every Undertaking autho- Act to apply to rized by any Act which shall hereafter be passed, and which shall all Underauthorize the Purchase or taking of Lands for such Undertaking, takings authoand this Act shall be incorporated with such Act; and all the rized by Acts Clauses and Provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be and Provisions of every other Act which shall be incorporated applicable to such Undertaking, and shall, as well as the Clauses with such Act, form Part of such Act, and be construed together therewith as forming One Act.
hereafter to be
And with respect to the Construction of this Act and of Acts Interpretations to be incorporated therewith, be it enacted as follows:
mean any Act which shall be hereafter passed
in this Act:
II. The Expression "the special Act," used in this Act, shall "special Act:" which shall authorize the taking of Lands for the Undertaking to which the same relates, and with which this Act shall be so incor
"prescribed:" porated as aforesaid; and the Word "prescribed," used in this Act in reference to any Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word shall occur shall be construed as if, instead of the Word "prescribed," the Expression "prescribed for that Purpose in the special Act" "the Works:" had been used; and the Expression "the Works" or "the Undertaking" shall mean the Works or Undertaking, of whatever Nature, which shall by the special Act be authorized to be executed; "Promoters of and the Expression "the Promoters of the Undertaking" shall
in this and the
"Lease:" "Month:" "Superior Courts:"
" County :"
"the Sheriff: "
"the Clerk of the Peace:"
mean the Parties, whether Company, Undertakers, Commissioners, Trustees, Corporations, or private Persons, by the special Act empowered to execute such Works or Undertaking.
III. The following Words and Expressions, both in this and the special Act, shall have the several Meanings hereby assigned to them, unless there be something either in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number only shall include the
Words importing the Masculine Gender only shall include
The Word "Lands" shall extend to Messuages, Lands, Tene-
The Word "Lease" shall include an Agreement for a Lease:
The Word "Oath" shall include Affirmation in the Case of
The Word "County" shall include any Riding or other like
The Word "Sheriff" shall include Under Sheriff, or other legally competent Deputy; and where any Matter in relation to any Lands is required to be done by any Sheriff, or by any Clerk of the Peace, the Expression "the Sheriff," or the Expression "the Clerk of the Peace," shall in such Case be construed to mean the Sheriff or the Clerk of the Peace of the County, City, Borough, Liberty, Cinque Port, or Place where such Lands shall be situate; and if the Lands in question, being the Property of one and the same Party, be situate not wholly in one County, City, Borough, Liberty, Cinque Port, or Place, the same Expression shall be construed to mean the Sheriff or Clerk of the Peace of any County, City, Borough, Liberty, Cinque Port, or Place where any Part of such Lands shall be situate:
The Word "Justices" shall mean Justices of the Peace acting for the County, City, Liberty, Cinque Port, or Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter:
and where such Matter shall arise in respect of Lands being
Where under the Provisions of this or the special Act, or any "Owner:"
The Expression "the Bank" shall mean the Bank of England “the Bank.”
IV. And be it enacted, That in citing this Act in other Acts of Short Title of Parliament, and in legal Instruments, it shall be sufficient to use the Act. the Expression “The Lands Clauses Consolidation Act, 1845."
V. And whereas it may be convenient in some Cases to Form in which incorporate with Acts of Parliament hereafter to be passed some Portions of this Portion only of the Provisions of this Act; be it therefore Act may be enacted, That, for the Purpose of making any such Incorporation, with other Acts. it shall be sufficient in any such Act to enact that the Clauses of this Act with respect to the Matter so proposed to be incorporated (describing such Matter as it is described in this Act in the Words introductory to the Enactment with respect to such Matter) shall be incorporated with such Act, and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate.
And with respect to the Purchase of Lands by Agreement, be it
enacted as follows:
VI. Subject to the Provisions of this and the special Act, it shall be lawful for the Promoters of the Undertaking to agree Power to purwith the Owners of any Lands by the special Act authorized to be chase Lands by taken, and which shall be required for the Purposes of such Act, Agreement. and with all Parties having any Estate or Interest in such Lands, or by this or the special Act enabled to sell and convey the same, for the absolute Purchase, for a Consideration in Money, of any such Lands, or such Parts thereof as they shall think proper, and of all Estates and Interests in such Lands of what Kind soever.
Disability enabled to sell and convey.
Disability to exercise other Powers.
in case of Parties under Disability to be ascertained by Valuation, and paid into the Bank.
VII. It shall be lawful for all Parties, being seised, possessed of, or entitled to any such Lands, or any Estate or Interest therein, to sell and convey or release the same to the Promoters of the Undertaking, and to enter into all necessary Agreements for that Purpose; and particularly it shall be lawful for all or any of the following Parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all Corporations, Tenants in Tail or for Life, married Women seised in their own Right or entitled to Dower, Guardians, Committees of Lunatics and Idiots, Trustees or Feoffees in trust for charitable or other Purposes, Executors and Administrators, and all Parties for the Time being entitled to the Receipt of the Rents and Profits of any such Lands in possession, or subject to any Estate in Dower, or to any Lease for Life, or for Lives and Years, or for Years, or any less Interest; and the Power so to sell and convey or release as aforesaid may lawfully be exercised by all such Parties, other than married Women entitled to Dower, or Lessees for Life, or for Lives and Years, or for Years, or for any less Interest, not only on behalf of themselves and their respective Heirs, Executors, Administrators, and Successors, but also for and on behalf of every Person entitled in reversion, remainder, or expectancy after them, or in defeasance of the Estates of such Parties, and as to such married Women, whether they be of full Age or not, as if they were sole and of full Age, and as to such Guardians, on behalf of their Wards, and as to such Committees, on behalf of the Lunatics and Idiots of whom they are the Committees respectively, and that to the same Extent as such Wives, Wards, Lunatics and Idiots respectively could have exercised the same Power under the Authority of this or the special Act if they had respectively been under no Disability, and as to such Trustees, Executors, and Administrators, on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Femes Covert, or other Persons, and that to the same Extent as such Cestuique Trusts respectively could have exercised the same Powers under the Authority of this and the special Act if they had respectively been under no Disability.
VIII. The Power herein-after given to enfranchise Copyhold Lands, as well as every other Power required to be exercised by the Lord of any Manor pursuant to the Provisions of this or the special Act, or any Act incorporated therewith, and the Power to release Lands from any Rent, Charge, or Incumbrance, and to agree for the Apportionment of any such Rent, Charge, or Incumbrance, shall extend to and may lawfully be exercised by every Party herein-before enabled to sell and convey or release Lands to the Promoters of the Undertaking.
IX. The Purchase Money or Compensation to be paid for any Compensation Lands to be purchased or taken from any Party under any Disa bility or Incapacity, and not having Power to sell or convey such Lands except under the Provisions of this or the special Act, and the Compensation to be paid for any permanent Damage or Injury to any such Lands, shall not, except where the same shall have been determined by the Verdict of a Jury, or by Arbitration, or by the Valuation of a Surveyor appointed by Two Justices under the Provision herein-after contained, be less than shall be determined by the Valuation of Two able practical Surveyors, one of