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SCHEDULE (B.) ·
Form of Conveyance in consideration of Feu Duty or
in consideration of the Feu Duty or Rent to be paid to me, my Heirs and Assigns, as herein-after mentioned, by the [here name the Company], established and incorporated by virtue of an Act passed, &c., intituled, &c., do hereby dispone, convey, and make over from me, my Heirs and Successors, to the said Company, their Successors and Assignees, for ever, according to the true Intent and Meaning of the said Act, all [describing the Premises to be conveyed], together with all Rights and Pertinents thereunto belonging, and all my Right, Title, and Interest in and to the same and every Part thereof, they the said Company, their Successors and Assignees, yielding and paying unto me, my Heirs and Assignees, One clear annual Feu Duty or Rent of by equal half-yearly Portions henceforth on the [stating the Days. Here insert Conditions of the Conveyance (if any), and insert a Registration Clause for Preservation and Diligence, and a Testing Clause according to the Form of the Law of Scotland].
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 Justices of the Peace] for the County of
describe the Offence generally, and the Time and Place when and where committed], contrary to the [here name the special Act]. Given under my Hand [or under our Hands], the Day and Year
first above written.
An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways.
[8th May 1845.] WHEREAS it is expedient to comprise in One general Act sundry Provisions usually introduced into Acts of Par liament authorizing the Construction of Railways, 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: And whereas a Bill is now pending in Parliament, 'intituled An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature, and which is intended to be called "The Lands Clauses Consolidation Act, 1845:"" May it therefore please Your Majesty that it may be enacted; and be
"the Clerk of the Peace:"
"the Railway: "
Board of Trade:"
The Word "Oath" shall include Affirmation in the Case of
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 Clerk of the Peace, the Expression "the Sheriff," or the Expres sion" 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 con strued 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 "Justice" shall mean Justice of the Peace acting for the County, City, Borough, 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 the Property of one and the same Party, situate not wholly in any one County, City, Borough, Liberty, Cinque Port, or Place, shall mean a Justice acting for the County, City, Borough, Liberty, Cinque Port, or Place where any Part of such Lands shall be situate, and who shall not be interested in such Matter; and where any Matter shall be authorized or required to be done by Two Justices, the Expression "Two Justices" shall be understood to mean Two Justices assembled and acting together:
Where under the Provisions of this or the special Act any Notice shall be required to be given to the Owner of any Lands, or where any Act shall be authorized or required to be done with the Consent of any such Owner, the Word "Owner" shall be understood to mean any Person or Corporation who, under the Provisions of this or the special Act, or any Act incorpo rated therewith, would be enabled to sell and convey Lands to the Company:
The Expression "the Company" shall mean the Company or
The Expression "the Railway" shall mean the Railway and
The Expression "the Bank" shall mean the Bank of England,
in respect of Lands situate in England; and shall mean the
The Expression "Turnpike Road" shall, when applied to any "Turnpike
by this Act is required for public Carriage Roads:
The Expression "Surveyor," applied to a Road or Highway, Surveyor," shall, as to Railways in Ireland, include the County Sur- Ireland:
The Expression "Overseers of the Poor," when applied to "Overseers of
through which such Railway may pass.
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 Railways Clauses Consolidation Act, 1845."
V. And whereas it may be convenient, in some Cases, to incor- Form in which porate with Acts hereafter to be passed some Portion only of Portions of this the Provisions of this Act;' be it therefore enacted, That, for Act may be irthe Purpose of making any such Incorporation, it shall be sufficient corporated in 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 Construction of the Railway and the Works connected therewith, be it enacted as follows:
this Act and
VI. In exercising the Power given to the Company by the The Construcspecial Act to construct the Railway, and to take Lands for that tion of the Purpose, the Company shall be subject to the Provisions and Railway to be Restrictions contained in this Act and in the said Lands Clauses subject to the Consolidation Act; and the Company shall make to the Owners and Occupiers of and all other Parties interested in any Lands the Lands taken or used for the Purposes of the Railway, or injuriously Clauses ConValue of the Lands so taken or used, and for all Damage sustained affected by the Construction thereof, full Compensation for the solidation Act. by such Owners, Occupiers, and other Parties, by reason of the Exercise, as regards such Lands, of the Powers by this or the special Act, or any Act incorporated therewith, vested in the Company; and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be ascertained and determined in the Manner provided by the said Lands Clauses Consolidation Act for determining Questions of Compenvisions thereof; and all the Provisions of the said last-mentioned sation with regard to Lands purchased or taken under the Pro
8 & 9 VICT.
Construction of Act shall be applicable to determining the Amount of any such
Works not to be
until Plans of all Alterations authorized by Parliament
have been depo
VII. If any Omission, Mis-statement, or erroneous Description shall have been made of any Lands, or of the Owners, Lessees, or Occupiers of any Lands described on the Plans or Books of Reference mentioned in the special Act, or in the Schedule to the special Act, it shall be lawful for the Company, after giving Ten Days Notice to the Owners of the Lands affected by such proposed Correction, to apply to Two Justices for the Correction thereof; and if it shall appear to such Justices that such Omission, Mis-statement, or erroneous Description arose from Mistake, they shall certify the same accordingly, and they shall in such Certificate state the Particulars of any such Omission, and in what respect any such Matter shall have been mis-stated or erroneously described; and such Certificate shall be deposited with the Clerks of the Peace of the several Counties in which the Lands affected thereby shall be situate, and shall also be deposited with the Parish Clerks of the several Parishes in England, and with the Postmasters of the Post Towns in or nearest to such Parishes in Ireland, in which the Lands affected thereby shall be situate and such Certificate shall be kept by such Clerks of the Peace Parish Clerks, and Postmasters respectively along with the other Documents to which they relate; and thereupon such Plan, Book of Reference, or Schedule shall be deemed to be corrected accord ing to such Certificate; and it shall be lawful for the Company to make the Works in accordance with such Certificate.
VIII. It shall not be lawful for the Company to proceed in the proceeded with Execution of the Railway unless they shall have previously to the Commencement of such Work deposited with the Clerks of the Peace of the several Counties in or through which the Railway is intended to pass a Plan and Section of all such Alterations from the original Plan and Section as shall have been approved of by Parliament, on the same Scale and containing the same Particulars as the original Plan and Section of the Railway, and shall also have deposited with the Clerks of the several Parishes in England, and the Postmasters of the Post Towns in or nearest to such Parishes in Ireland, in or through which such Alterations shall have been authorized to be made, Copies or Extracts of of from such Plans and Sections as shall relate to such Parishes respectively.
Clerks of the
Alterations, and allow Inspection.
IX. The said Clerks of the Peace, Parish Clerks, and Postmasters shall receive the said Plans and Sections of Alterations,
receive Plans of and Copies and Extracts thereof respectively, and shall retain the same, as well as the said original Plans and Sections, and shall permit all Persons interested to inspect any of the Documents aforesaid, and to make Copies and Extracts of and from the same, in the like Manner, and upon the like Terms, and under the like Penalty for Default as is provided in the Case of the original 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.
7 W. 4. &
1 Vict. c. 83.