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Attendance of Witnesses.
where the Offender shall be or reside, there to remain for any Time not exceeding Four Months, unless such Expences, Penalties, Forfeitures, and Fines, and the Expences of the Proceedings. shall be sooner paid; and in all Cases where the Penalties awarded shall be less than the Sum of Forty Shillings the said Sheriff or Justices may, when no Effects can be found as above, commit the Offender to Prison for any Time not exceeding Two Months, unless the said Penalties, Fines, and Expences shall be sooner paid; and the Monies arising by such Penalties, Forfeitures, and Fines respectively, if not otherwise directed to be applied by this Act, or the Act under which the same shall have been incurred, or in so far as not directed by the Sheriff or Justices to be paid towards the Expences of the Proceedings, shall be paid to the Trustees for making and maintaining the Roads, or to their Treasurer, and applied and disposed of for the Purposes of such Roads.
XL. And be it enacted, That it shall be lawful for the Sheriff or any One Justice before whom any Complaint for the Recovery of any such Expences, Penalties, Forfeitures, or Fines may be brought, to proceed, if such Sheriff or Justice, duly considering the Nature of the Case, shall think fit, and not otherwise, in a summary Way, and to grant Warrant for bringing the Parties complained upon before him for Examination, and after hearing Parties, on Confession or Probation by the Oath of any credible Witness or other competent Evidence, to proceed to determine thereon, without any written Pleadings or Record of Evidence, and to grant Warrant for levying the said Penalties by Poinding and Sale, and in the Case of a Return of no Effects, or in case it shall appear to the Satisfaction of such Sheriff or Justice that no sufficient Effects can be found, for Commitment of the Offender as above enacted; but in all such Cases a Record shall be preserved of the Charge and of the Judgment pronounced.
XLI. And be it enacted, That if any Person shall be summoned as a Witness to give Evidence before any Sheriff or before any Justice of the Peace touching any Matter contained in any Act relating to Highways, Bridges, or Ferries, or in this Act, either ou the Part of the Prosecutor or the Person accused, and shall refuse or neglect to appear at the Time and Place for that Purpose appointed, without a reasonable Excuse for such Refusal or Neglect, then such Person shall forfeit for every such Offence any Sum not exceeding Five Pounds; and it shall be no Objection to any Witness that such Witness shall have appeared without Citation, or without having been regularly cited.
XLII. And whereas Öffences may be committed against this Act, or other Acts for making and maintaining Highways Bridges, or Ferries, by Persons unknown to the Surveyors or other Officers;' be it therefore enacted, That it shall be lawful for any of the Trustees of any Highway, or any of their Clerks or their Surveyors or other Officers respectively, and such other Person as any of them shall call to their Assistance, or for any Person seeing any Offence committed against this or any such Act, without any Warrant or other Authority than this Act, brevi mas", to seize and detain any unknown Person who shall commit any such Offence, and take such Person without Delay before the Sheriff of
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.
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.
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 Sheriffs,
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 County of Edinburgh.
Enabling Canal Companies to carry Goods on their Canals, or
CA P. XLII.
An Act to enable Canal Companies to become Carriers of
[21st July 1845.]
W HEREAS 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 Act 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 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.
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 any other ComBarges, Vessels, or Rafts, upon any Canal, River, or Navigation, pany upon (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 use 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
Company may sue and be sued as Carriers, and
may prefer Indictments.
Provisions in force relating to Common Carriers to ap ply to such Companies.
Companies empowered to contract with other Canal
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 sustained 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 or 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.
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 contained, 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.