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any neighbouring Justice of the Peace for the Shire where the Offence shall have been committed or where such Offender shall be seized and apprehended, who shall forthwith examine and discharge or commit such Person till Caution de judicio sisti be found, or shall proceed in the summary Way above directed, as the Case may seem to require.

XLIII. And be it enacted, That any Person who shall think Appeal. himself or herself aggrieved by any Judgment or Proceedings of any Justice or Justices of the Peace in the Execution of this Act, for which no particular Relief has been hereby provided, may, within Three Months after such Judgment or Proceedings, but not afterwards, appeal to the Justices of the Peace at the Quarter Sessions, the Appellant giving Fifteen Days previous Notice of such Appeal to the opposite Party, and to the Clerk of the said Trustees and the Clerk of the Justices of the Peace, and finding Caution to pay the Expences of such Appeal; and where by this Judgment of Act the adjudging of any Penalty, Forfeiture, or Fine, or the Sheriff or determining the Amount of any Payment, Damages, or Expences, Quarter Sesor any other Matter, is committed to any Justice or Justices of sions to be final. the Peace, or to the Sheriff, or to the Justices of the Peace assembled in their Quarter Sessions, originally or by Appeal, all Judgments, Determinations, and Proceedings of such Justice or Justices not appealed from as aforesaid, and of such Sheriff or Quarter Sessions, shall be final and conclusive, and shall not be subject to Review by Advocation or Suspension, or by Reduction, or by any Process of Law or Court whatsoever, any Law or Usage to the contrary notwithstanding.

in

any other County.

XLIV. And be it enacted, That all Warrants, Interlocutors, Warrants, &c. Judgments, and Sentences of Sheriffs and Justices, issued or pro- may be enforced nounced under the Authority of this Act, may be enforced against the Person or Effects of any Party or Witness in any other County, as well as in the County where the same are issued or pronounced: Provided always, that such Warrants, Interlocutors, Judgments, and Sentences shall be endorsed by the Sheriff or a Justice of the Peace of such other County; and such Endorsation shall be sufficient Authority to the Constables or Sheriff's Officers of the original County or of such other County to put the same to Execution within such other County.

ed hereby, nor

XLV. And be it enacted, That all Civil Causes and Prosecu- Existing Causes tions for Penalties, Forfeitures, and Fines commenced before the not to be affectpassing of this Act, on account of any Matter concerning any the Powers of Highway, Bridge, or Ferry, shall be carried on and included in Sheriffs. the same Manner as if this Act had not been passed; and nothing contained herein or in any local Act shall render it incompetent for any Sheriff to hear and determine any Civil Causes or Prosecutions for Penalties, Forfeitures, and Fines, on account of any of the Matters herein-before or in any local Act enacted, according to the Provisions of an Act passed in the Seventh Year of King William the Fourth and in the First Year of Queen Victoria, intituled An Act for the more effectual Recovery of Small Debts 7 W. 4. & in the Sheriff Courts, and for regulating the Establishment of 1 Vict. c. 41. Circuit Courts for the Trial of Small Debt Causes by the Sheriff's,

in Scotland.

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Prosecutions to be brought

within Six Months.

Not to extend

XLVI. And be it enacted, That all Civil Causes, Petitions, Complaints, and Processes whatsoever, and Prosecutions or Proceedings, for Expences, Penalties, Forfeitures, and Fines imposed by this Act or any local Act, or for any Damages incurred or any Wrongs done or Injuries suffered in any Matter thereto relating, or for any thing done in pursuance of any of the Powers by this or any such Act given and granted, shall be commenced within Six Calendar Months after the Penalty, Forfeiture, Fine, or Damage shall have been incurred, or Wrong done or Injury suffered, or Fact committed, and not afterwards: Provided always, that nothing in this Clause contained shall apply to or affect in any way what is above enacted concerning Processes and Proceedings for the Recovery of any Sum due or leviable as the Conversion of Statute Service, and the Expences thereof.

XLVII. And be it enacted, That nothing in this Act contained to Middle Dis shall be construed to extend or apply to the Middle District in the trict, EdinCounty of Edinburgh.

burgh.

Enabling Canal Companies to carry Goods on

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CA P. XLII.

An Act to enable Canal Companies to become Carriers of
Goods upon their Canals.
[21st July 1845.]

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WHEREAS by divers Acts of Parliament Railway Compa

nies have been empowered to convey upon their Railways all such Goods, Wares, Merchandize, Articles, Matters, and Things as may be offered to them for that Purpose, and to make such reasonable Charges for such Conveyance as they may from Time to Time determine upon: And whereas greater Competition for the public Advantage would be obtained if similar Powers were granted to Canal and Navigation Companies which have from Time to Time been incorporated or established under the Authority of Parliament; but such beneficial Purpose cannot be ' effected without the Authority of Parliament:' Be it therefore 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 from and after the passing of this Aet it shall be lawful for the Company of Proprietors, Trustees, or the Undertakers of any Canal, River, or Navigation, or their respective Committees, Directors, or Managers, or their Superintendents or nicating there- other Agents by them duly authorized, to carry as Common Carriers for their own Profit upon their respective Canals, Rivers, or Navigations, or upon any Railways or Tramways belonging thereto, and constructed under the Powers of their respective Acts of Parliament, or upon any other Canals, Rivers, or Navigations communicating therewith, either directly or by means of any intermediate Canal, River, or Navigation, all such Goods, Wares, Merchandize, Articles, Matters, and Things as may be intrusted to them for that Purpose, and for the better enabling them so to do to purchase, hire, and construct, and to use and employ, any Number of Boats, Barges, Vessels, Rafts, Carts, Waggons, Carriages, and other Conveniences, and also to establish and furnish such Haulage, Trackage, or other Means of drawing or propelling the same, either by Steam, Animal, or other Power, or for the Purpose

their Canals, or

Canals commu

with.

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Purpose of collecting, carrying, conveying, warehousing, and delivering such Goods, Wares, Merchandize, Articles, Matters, and Things, as to any such Company or Undertakers shall seem fit, and to make such reasonable Charges for such Conveyance, warehousing, Collection, and Delivery as they may respectively from Time to Time determine upon, in addition to the several Tolls or Dues which any such Company or Undertakers are now authorized to take for the Use of their said Canals, Navigations, or Railways.

any other Company upon

II. Provided always, and be it enacted, That any such Company, Company to be Commissioners, Trustees, or Undertakers, using or employing any subject to the Steam Power for propelling by means of Paddle Wheels, Boats, Bye Laws of Barges, Vessels, or Rafts, upon any Canal, River, or Navigation, (other than their respective Canals, Rivers, and Navigations,) shall whose Canal use and employ the same, subject to such Bye Laws, Rules, and they may act as Regulations touching the Construction, Dimensions, Power, Rate Carriers. of Speed, and otherwise, of such Boats, Barges, Vessels, or Rafts so propelled by Steam as aforesaid as the Directors, Commissioners, or Undertakers of the Canals, Rivers, and Navigations respectively on which such last-mentioned Boats, Barges, Vessels, or Rafts shall be used and employed shall see fit to make and publish in that Behalf, and they are hereby authorized and empowered to make and publish such Bye Laws, Rules, and Regulations, and from Time to Time to add to or amend the same, as Need may require ; but it is hereby expressly provided and enacted that any Bye Laws, Rules, and Regulations so to be made and published shall be made equally applicable to and binding on all Companies and Persons so using such last-mentioned Boats, Barges, or other Vessels.

and Power for

III. And be it enacted, That it shall also be lawful for any such Canal ComCompany, Trustees, or Undertakers to purchase and provide and panies may se Boats and other Vessels, and also Horses, Steam or other provide Boats Power, and Machinery, for hauling, tracking, and towing, upon hauling and their own Canals, Rivers, or Navigations, or upon any other Canals, tracking Vessels Rivers, or Navigations communicating therewith, either directly of other Peror by means of any intermediate Canal, River, or Navigation, sons. and to employ a sufficient Number of competent Persons for those Purposes, and to demand and receive for the Use of such Boats, and for such hauling, tracking, or towing such reasonable Hire or Remuneration as shall be fixed by the respective Committees, Directors, or Managers of such Canals or Navigations, or as shall be agreed upon between them and any Person desiring the Use of any such Boats or Vessels, or requiring such hauling, tracking, or towing.

IV. Provided always, and be it enacted, That all Charges to be Tolls, &c. to be made by any such Company for the Carriage of any such Goods, charged equally Wares, Merchandize, Articles, or Things, or for the Use of their to all Persons. Boats and other Vessels, or for the Supply of Haulage, Trackage, or other Power, shall be at all Times charged equally to all Persons, and after the same Rate, whether per Mile, or per Ton per Mile, or otherwise, in respect of all Goods, Wares, Merchandize, Articles, and Things of a like Description, and conveyed or propelled in a like Boat or Vessel at the same Rate of Speed, and passing along the same Portion of any such Canal or Navigation under the like Circumstances, and no Reduction or Advance in

any

Company may sue and be sued as Carriers, and may prefer Indictments.

Provisions in force relating to Common Carriers to apply to such Companies.

Companies empowered to contract with other Canal Companies.

any of such Charges shall be made, either directly or indirectly, in favour of or against any particular Company or Person passing along or using, or sending Goods, Wares, Merchandize, Articles, or Things along the same Portion of any such Canal or Navigation under the like Circumstances.

V. And be it enacted, That any Canal or Navigation Company exercising the Powers by this Act granted shall have all the same Powers and Remedies for recovering any Sum or Sums of Money which shall or may become due and owing to such Company as Carriers, or for the Use of any Boats or Vessels, or for the Supply of any Haulage, Trackage, or other Power, by virtue of this Act. as are given to them respectively by their said several Acts of Parliament in reference to the Tolls and Duties thereby made payable, or they may, at their Option, sue for and recover such Charges, or any Part thereof, in any of the Superior Courts; and such Company may in like Manner be sued for any Loss sus tained by any Person or Persons employing the said Company as Carriers, or for any Neglect or Misconduct of such Company or their Servants in respect of their Conduct as Carriers by virtue of this Act; and such Company may prosecute any Indictment or other Proceeding at Law in respect of any Offence arising or being committed in the course of such carrying or other Proceeding under this Act; and it shall be sufficient if any Goods er other Things which are set out in any Indictment shall be described and laid to be the Property of the said Company.

VI. Provided always, and be it enacted, That nothing herein contained shall in any Case extend to charge or make liable any such Company further or in any other Case than where, according to the Laws of this Realm for the Time being, Common Carriers would be liable; nor shall any thing herein contained extend to deprive such Company of any Protection or Privilege which either now or at any Time hereafter Common Carriers have or may be entitled to, but such Company shall from Time to Time and at all Times have and be entitled to the Benefit of every such Protection and Privilege.

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VII. And whereas, in order to facilitate the Conveyance of Goods and Merchandize and other Matters and Things in manner aforesaid, it is expedient that Canal and Navigation Companies should be empowered to enter into Arrangements 'with each other in the way that Railway Companies are authorized, so as to avoid the Necessity for a Change of Boats and other Delays arising from a Diversity of Interest;' be it enacted, That, notwithstanding any thing in this Act or in any of the said Acts for establishing or incorporating the said Companies con tained, it shall be lawful for any such Canal or Navigation Company as aforesaid and they are hereby empowered from Time to Time to make and enter into any Contract or Agreement with any other Canal or Navigation Company, or the Commissioners or Undertakers thereof respectively, (and which Contract or Agreement such other Company is hereby authorized to enter into,) either for the Division or Apportionment of Tolls, Dues, and Charges, or for the Passage over or along their respective Canals or Navigations, or any Branches thereof, or any Railways or Tramways connected therewith and belonging thereto as aforesaid

of

of any Boats, Barges, or other Vessels, or of any Carriages or Trucks drawn or propelled by Steam, Animal, or other Power, of or belonging to any other Company, or which shall pass along any other Line of Canal, Navigation, or Railway, or for the Passage over or along any other Line of Canal, Navigation, or Railway of any such Boats, Barges, or other Vessels, Carriages, or Trucks drawn or propelled as aforesaid, which shall belong to any such Company, or which shall pass along their Line of Canal, Navigation, or Railway, upon the Payment of such Tolls and Duties, and under such Conditions and Restrictions, as may be deemed advisable and may be mutually agreed upon, and also to enter into any other Contract with any other Canal or Navigation Company that may be deemed advisable; and any such Contract may contain such Covenants, Clauses, Conditions, and Agreements as the contracting Parties may think advisable and mutually agree upon.

Canal Companies emlease their powered to

VIII. And be it enacted, That it shall be lawful for any such Canal or Navigation Company, from Time to Time, by Lease, to take effect in possession within Six Months from the letting thereof, to let the Tolls and Duties or any Part thereof, upon the Tolls. whole or any Part of any such Canal or Navigation, or of any such Railways or Tramways, to any other Canal or Navigation Company, (and which Lease such other Canal or Navigation Company is hereby authorized to accept and enter into,) for any Period not exceeding Twenty-one Years from the Commencement of any such Lease: Provided always, that no such letting shall take place unless public Notice of the Intention to let such Tolls, or the Part thereof intended to be let, shall have been given by the Company proposing to let the same, by Advertisement, at least Fourteen Days prior to the Meeting of the Directors or Managers at which it shall be intended to let such Tolls.

IX. And be it enacted, That during the Continuance of any Lessees to be such Lease the respective Lessees named therein, and also all deemed ColPersons appointed by them to collect the Tolls so let, shall be lectors. deemed Collectors of the Tolls so let, and they shall have the same Powers to collect and recover such Tolls, and be subject to the same Rules, Duties, and Penalties in reference thereto, as if they had been appointed for that Purpose by the Company demising the same.

X. And be it enacted, That if any such Lease shall become Lessee making void or voidable, according to any Stipulations therein contained default to be for that Purpose, by reason of the Failure on the Part of the removed. Lessee to comply with any of the Terms of such Lease, or if all or any Part of the Rent thereby reserved shall be in arrear or unpaid for Twenty-one Days after the same shall become payable, then, upon Application made by the Company who shall have demised the same, to a Justice, it shall be lawful for such Justice to order any Constable, with proper Assistance, to enter upon any Toll House, Dwelling House, Office, Weighing Machine, or other Building, with the Appurtenances, belonging to the Lessors, and remove from the same the Lessee or Collector or other Person found therein, together with his Goods, and take possession thereof and of all Property found therein belonging to the Lessors, and

deliver

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