Recovery of such treasurer unless seven days' previous notice in penalties. writing, stating the amount so due, and demanding pay ment 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 Treasurer paid by him, and all costs and expenses occasioned thereby, may sue the out of any money belonging to the promoters of the uncompany. dertaking coming into his custody or control, or he may sue them for the same. for want of form. pro Distress not 141. No distress levied by virtue of this or the special to be deem- act, or any.act incorporated therewith, shall be deemed ed unlawful unlawful, nor 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 ceeding 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 months. 142. No person shall be liable to the payment of any be sued for penalty or forfeiture imposed by virtue of this or the special within six 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. Justices may summon witnesses. 143. 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 Witnesses to testify the truth in such matter; and if any person so making de- summoned shall, without reasonable excuse, refuse or negfault to for- lect to appear at the time and place appointed for that feit 51. Form of purpose, having been paid or tendered a reasonable sum for his expenses, 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. 144. The justices before whom any person shall be conconviction. victed 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. Proceedings not vacated for want of form. 145. 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. appeal to quarter sessions on giving se 146. If any party shall feel aggrieved by any determi- Parties agnation or adjudication of any justice with respect to any grieved by penalty or forfeiture under the provisions of this or the decision of special act, or any act incorporated therewith, such party justice may 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 deter- curity. mination 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. reasonable. 147. At the quarter sessions for which such notice shall Court may be given the court shall proceed to hear and determine the make such appeal in a summary way, or they may, if they think fit, order as adjourn it to the following sessions; and upon the hearing they think 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 reasonable. ceive pe nalties in alt curred within his 148. Provided always, and be it enacted, That notwith- Receiver of standing anything herein or in the special act, or any act the metro incorporated therewith, contained, every penalty or for- politan po feiture imposed by this or the special act or any act incor- lice disporated therewith, or by any bye-law in pursuance thereof, trict to rein respect of any offence which shall take place within the metropolitan police district, shall be recovered, enforced, accounted for, and, except where the application thereof is otherwise specially provided for, shall be paid to the re- district. ceiver 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 2 & 3 Vict. Police Courts in the Metropolis," and every order or con- c. 71. viction of any of the police magistrates in respect of such forfeiture or penalty shall be subject to the like appeal and upon the same terms as is provided in respect of any Recovery of any order or conviction of any of the said police magistrates penalties. by the said last-mentioned act; and every magistrate by whom any order or conviction shall have been made shall have the same power of binding over the witnesses who shall have been examined, and such witnesses shall be entitled to the same allowance of expenses as he or they would have had or been entitled to in case the order, conviction, and appeal had been made in pursuance of the provisions of the said last-mentioned act. Persons evidence 149. And be it enacted, That any person who upon any giving false examination upon oath under the provisions of this or the special act, or any act incorporated therewith, shall wilfully and corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. liable to penalties. Access to special act. Copies of special act to be kept office and deposited with clerks of the peace. 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: 150. 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 at principal 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 Inspection. 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 See 7 W. "An Act to compel Clerks of the Peace for Counties and IV. & 1 Vict. 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." c. 83. s. 3. Penalty on company failing to 151. If the company shall fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the special act, they shall forfeit twenty pounds for every such keep or de offence, and also five pounds for every day afterwards durposit copies. ing which such copy shall be not so kept or deposited. Scotland. 152. And be it enacted, That this act shall not extend to Scotland. Act may be 153. And be it enacted, That this act may be amended amended or or repealed by any act to be passed in the present session repealed. of parliament SCHEDULES referred to in the foregoing Act. of I A.-Form of Conveyance. of A. in consideration of the sum Form of paid to me [or, as the case may be, into conveythe bank of England [or bank of Ireland], in the name and ance. 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 and C.D. of .. two 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 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, day of . . . . in the year of our Lord . . . the I B.-Form of Conveyance on Chief Rent. ... B. of . . . . . . in consideration of the rent- Form of charge to be paid to me, my heirs and assigns, as herein- conveyance after mentioned, by "the promoters of the undertaking" on chief [naming them], incorporated [or constituted] by virtue of rent. 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 [or halfyearly, 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, the day of .. in the year of our Lord. Schedules. C. Form of conviction. to wit. C.-Form of Conviction. BE it remembered, that on the in the year of our Lord before us C., D., two of her Majesty's justices of the peace 8 VICT. cap. 20. An Act for consolidating in One Act certain provisions usually inserted in Acts authorizing the making of Railways. [8th May, 1845.] Preamble. WHEREAS it is expedient to comprise in one general act sundry provisions usually introduced into acts of parliament 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 8 Vict. c. 18. 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:" Operation of this act confined to future rail ways. 1. May it therefore please your Majesty that it may be enacted; and be 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 which shall by any act which shall hereafter be passed be authorized to be constructed, and this act shall be incorporated with 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. |