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Recovery of shall be extra-parochial then such Justices shall direct such Remainder to be applied in aid of the Poor's Rate of such extraparochial Place, or if there shall not be any Poor's Rate therein in aid of the Poor's Rate of any adjoining Parish or District.
Distress against the Treasurer.
Distress not unlawful for
CXL. If any such Sum shall be payable by the Promoters of the Undertaking, and if sufficient Goods of the said Promoters cannot be found whereon to levy the same, it may, if the Amount thereof do not exceed Twenty Pounds, be recovered by Distress of the Goods of the Treasurer of the said Promoters, and the Justices aforesaid, or either of them, on Application, shall issue their or his Warrant accordingly; but no such Distress shall issue against the Goods of such Treasurer unless Seven Days previous Notice in Writing, stating the Amount so due, and demanding Payment thereof, have been given to such Treasurer or left at his Residence; and if such Treasurer pay any Money under such Distress as aforesaid he may retain the Amount so paid by him, and all Costs and Expences occasioned thereby, out of any Money belonging to the Promoters of the Undertaking coming into his Custody or Control, or he may sue them for the same.
CXLI. No Distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor Want of Form. 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.
Penalties to be
CXLII. No Person shall be liable to the Payment of Pesued for within nalty or Forfeiture imposed by virtue of this or the special Act, or any 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.
CXLIII. It shall be lawful for any Justice to summon any Person to appear before him as a Witness in any Matter in which such Justice shall have Jurisdiction under the Provisions of this or the special Act 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 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.
CXLIV. 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 (C.) to this Act annexed.
CXLV. 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.
CXLVL If any Party shall feel aggrieved by any Determination Parties allowed or Adjudication of any Justice with respect to any Penalty or to appeal to Forfeiture under the Provisions of this or the special Act, or any Quarter SesAct incorporated therewith, such Party may appeal to the General sions on giving 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.
CXLVII. At the Quarter Sessions for which such Notice shall Court to make be given the Court shall proceed to hear and determine the such Order as Appeal in a summary Way, or they may, if they think fit, adjourn they think reait 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
to receive Pe
CXLVIII. Provided always, and be it enacted, That notwith- Receiver of the standing any thing herein or in the special Act, or any Act Metropolitan incorporated therewith, contained, every Penalty or Forfeiture Police District imposed by this or the special Act or any Act incorporated there- nalties incurred with, or by any Bye Law in pursuance thereof, in respect of any within his DisOffence which shall take place within the Metropolitan Police Dis- trict. trict, shall be recovered, enforced, accounted for, and, 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 2&3 Vict. c. 77. Metropolis, and every Order or Conviction of any of the Police
Magistrates in respect of any such Forfeiture or Penalty shall
Conviction of any of the
Said last-mentioned Act.
liable to Penal
ties of Perjury.
Access to special Act.
Copies of special Act to be kept and deposited, and allowed to be inspected.
7 W. 4, &
1 Vict. c. 83.
Penalty on Company failing to keep, &c.
Extent of Act.
CXLIX. And be it enacted, That any Person who upon any Examination upon Oath under the Provisions of this or the special Act, or any Act incorporated therewith, shall wilfully and cor ruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury.
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:
CL. The Company shall, at all Times after the Expiration of Six Months after the passing of the special Act, keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty, or some of them; and where the 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 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 inte rested 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 Clerks of the Peace for Counties and other 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.
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 Twenty Pounds for every such Offence, and also Five Pounds 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 Parlia
SCHEDULES referred to in the foregoing Act.
Form of Conveyance.
in consideration of the 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 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
and C. D. of
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
in consideration of the
Rent-charge to be paid to me, my Heirs and Assigns 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 for 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,
in the Year of our Lord
Form of Conviction.
Be it remembered, That on the
in the Year of our Lord
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.
CA P. XIX.
An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature in Scotland.
[8th May 1845.]
THEREAS it is expedient to comprise in One general Act ment relative to the Acquisition of Lands in Scotland required Sundry Provisions usually introduced into Acts of Parlia