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Proceedings

not to be quashed for Want of Form, &c.

Power of

Appeal from
Sheriff Sub-
stitute to
Sheriff.

Parties allowed
to appeal from
Justices to
Quarter Ses-

sions, on giving
Security.

Court to make such Order as they think reasonable.

Access to special Act.

Copies of special Act to be kept and

Conviction to be drawn up according to the Form in the Schedule (C.) to this Act annexed.

CXXXVIII. 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 Suspension or otherwise into any Superior Court.

CXXXIX. In all Cases which may come before any Sheriff Substitute under this or the special Act, or any Act incorporated therewith in which written Pleadings shall have been allowed, and a written Record shall have been made up, and where the Evidence which has been led by the Parties shall have been reduced to Writing, but in no other Case whatever, it shall be competent for any of the Parties thereto, within Seven Days after a final Judgment shall have been pronounced by such Sheriff Substitute, to appeal against the same to the Sheriff of the County, by lodging a Minute of Appeal with the Sheriff Clerk of such County or his Depute; and the said Sheriff shall thereupon review the Proceedings of the said Sheriff Substitute, and whole Process, and, if he think proper, hear the Parties vivâ voc thereon, and pronounce Judgment; and such Judgment shall in no Case be subject to Review by Suspension or Advocation, f by Reduction, on any Ground whatever.

CXL. If any Party shall feel aggrieved by any Determination or Adjudication of any Justice or Two or more Justices, 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. CXLI. 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 Expences, both of the Adjudication and of the Appeal, as they may think reasonable.

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:

CXLII. The Company shall at all Times, after the Expiration of Six Months after the passing of the special Act, keep in their

principal

I

inspected.

principal Office of Business a Copy of the special Act, printed deposited, and by the Printers to Her Majesty, or some of them; and where allowed to be the Undertaking shall be a Railway, Canal, or other like Undertaking, the Works of which shall not be confined to One County, shall also within the Space of such Six Months deposit in the Office of each of the Sheriff Clerks of the several Counties into which the Works shall extend a Copy of such special Act, so printed as aforesaid; and the said Sheriff Clerks shall receive, and they and the Company respectively shall retain, the said Copies of the special Act, and shall permit all Person 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 Clerks of the 7 W. 4. & Peace for Counties and other Persons to take the Custody of such 1 Vict. c. 83. Documents as shall be directed to be deposited with them under

the Standing Orders of either House of Parliament.

CXLIII. If the Company shall fail to keep or deposit, as herein- Penalty on before mentioned, any of the said Copies of the special Act, they Company failshall forfeit Twenty Pounds for every such Offence, and also Five ing to keep and deposit Act. Pounds for every Day afterwards during which such Copy shall be

not so kept or deposited.

CXLIV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in the present Session of Parlia- Act.

ment.

SCHEDULES referred to in the foregoing Act.

I

of

of

the

C.D. of

SCHEDULE (A.)

Form of Conveyance.

in consideration of the Sum

paid to me [or, as the Case may be, into Bank (or to A.B. of

and

Two Trustees appointed to receive the same)], pursuant to an Act passed, &c., intituled, &c., by the [here name the Company], incorporated by the said Act, do hereby sell, alienate, dispone, convey, assign, and make over from me, my

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 thereto belonging, and all such
Right, Title, and Interest in and to the same as I and
my foresaids
are or shall become possessed of, or are by the said Act empowered
to convey. [Here insert the Conditions (if any) of the Convey-
ance, and a Registration Clause for Preservation and Diligence,
and a Testing Clause, according to the Form of the Law of

Scotland.]

SCHE

SCHEDULE (B.) ·

Form of Conveyance in consideration of Feu Duty or

of

Rent-charge.

I 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], estab lished 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].

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me C., the Sheriff [or before us D., E., Two of Her Majesty's Justices of the Peace] for the County of

Chere 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.

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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

it

Railways.

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 Railway Operation of which shall by any Act which shall hereafter be passed be autho- this Act conrized to be constructed, and this Act shall be incorporated with fined to future such Act; and all the 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 applicable to such Undertaking, and shall, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, form Part of such Act, and be construed together therewith as forming One Act.

in this Act:

And with respect to the Construction of this Act and of other Interpretations Acts to be incorporated therewith, be it enacted as follows:

IL The Expression "the special Act," used in this Act, shall "special Act:" be construed to mean any Act which shall be hereafter passed authorizing the Construction of a Railway, and with which this

Act shall be so incorporated as aforesaid; and the Word "pre- "prescribed:" scribed," 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" had been used; and the Expression "the Lands:" “the Lands” shall mean the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; and "the Underthe Expression "the Undertaking" shall mean the Railway taking." and Works, of whatever Description, by the special Act authorized

to be executed.

III. The following Words and Expressions, both in this and the Interpretations special Act, shall have the Meanings hereby assigned to them, in this and the unless there be something in the Subject or Context repugnant special Act: to such Construction; (that is to say,)

Words importing the Singular Number only shall include the Number :
Plural Number; and Words importing the Plural Number

only shall include also the Singular Number:

Words importing the Masculine Gender only shall include Gender:

Females:

The Word "Lands” shall include Messuages, Lands, Tenements, “Lands:" and Hereditaments of any Tenure:

The Word "Lease" shall include an Agreement for a Lease:

"Lease:"

The Word "Toll" shall include any Rate or Charge or other «Toll:"
Payment payable under the special Act for any Passenger,
Animal, Carriage, Goods, Merchandize, Articles, Matters, or
Things conveyed on the Railway:

The Word "Goods" shall include Things of every Kind con- " Goods:"
veyed upon the Railway:

The Word "Month" shall mean Calendar Month:

The Expression

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"Month:"

Superior Courts of Record at Westminster or Dublin, as the Courts:"
Superior Courts" shall mean Her Majesty's "Superior

Case may require:

The

"Oath :"

" County :"

"the Sheriff:"

"the Clerk of the Peace:"

"Justice :"

"Two Jus-
tices:"
"Owner:"

<< the Company:"

"the Railway: "

"Board of Trade:"

"the Bank;"

The Word "Oath" shall include Affirmation in the Case of
Quakers, or other Declaration lawfully substituted for an
Oath in the Case of any other Persons exempted by Law
from the Necessity of taking an Oath:

The Word " County" shall include any Riding or other like
Division of a County, and shall also include County of a City
or County of a Town:

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 cons
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
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:

Part

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
Party which shall be authorized by the special Act to con-
struct the Railway:

The Expression "the Railway" shall mean the Railway and
Works by the special Act authorized to be constructed:
The Expression "the Board of Trade" shall mean the Lords
of the Committee of Her Majesty's Privy Council appointed
for Trade and Foreign Plantations :

The Expression "the Bank" shall mean the Bank of England,
where the same shall relate to Monies to be paid or deposited

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