well as to pay such penalty; and the amount of such Recovery of damages shall, in case of dispute, be determined by the damages justices by whom the party incurring such penalty shall and penalhave been convicted; and on nonpayment of such damages, on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their or his warrant accordingly.

ties.

153. It shall be lawful for any justice to summon any Justice person to appear before him as a witness in any matter in may sumwhich such justice shall have jurisdiction under the pro- mon witvisions of this or the special act, at a time and place men- nesses. tioned in such summons, and to administer to him an oath to testify the truth in such matter; and if any person Witnesses so summoned shall, without reasonable excuse, refuse or not appearneglect to appear at the time and place appointed for that ing or repurpose, having been paid or tendered a reasonable sum fusing to be 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.

examined

liable to

forfeit 51.

154. It shall be lawful for any officer or agent of the Officers of company, and all persons called by him to his assistance, company to seize and detain any person who shall have committed may detain any offence against the provisions of this or the special offenders act, and whose name and residence shall be unknown to whose such officer or agent, and convey him, with all convenient names shall despatch, before some justice, without any warrant or known. other authority than this or the special act; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender.

be un

155. The justices before whom any person shall be Form of convicted of any offence against this or the special act, or conviction. any act incorporated therewith, may cause the conviction

to be drawn up according to the form in the schedule to this act annexed.

156. No proceeding in pursuance of this or the special Proceedact, or any act incorporated therewith, shall be quashed ings not vaor vacated for want of form, nor shall the same be re- cated for moved by certiorari or otherwise into any of the superior want of

courts.

form &c.

157. If any party shall feel aggrieved by any determina- Parties agtion or adjudication of any justice with respect to any grieved may penalty or forfeiture under the provisions of this or the appeal to special act, or any act incorporated therewith, such party quarter may appeal to the general quarter sessions for the county sessions. 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

Notice.

Court may make such

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 Securities. sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon. 158. At the quarter sessions for which such notice shall be given the court shall proceed to hear and determine the order as appeal in a summary way, or they may, if they think fit, they think adjourn it to the following sessions; and upon the hearing reasonable. 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.

district to

receive

penalties incurred

within his district.

Receiver of 159. Provided always, and be it enacted, That notwithmetropoli- standing anything herein or in the special act, or any act tan police incorporated therewith, contained, every penalty or forfeiture imposed by this or the special act, or any act incorporated therewith, or by any bye-law in pursuance thereof, in 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 receiver 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 2 & 3 Vict. of her present Majesty, intituled " An Act for Regulating the Police Courts in the Metropolis;" and every order or conviction of any of the police magistrates in respect of any such forfeiture or penalty shall be subject to the like appeal, and upon the same terms, as is provided in respect of any order or conviction of any of the said police magistrates 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.

c. 71.

160. And be it enacted, That every person who, upon Persons any examination upon oath, under the provisions of this giving false or the special act, or any act incorporated therewith, shall evidence wilfully and corruptly give false evidence, shall be liable liable to to the penalties of wilful and corrupt perjury. penalties.

Ireland to

161. And be it declared and enacted, That all sums of Usher's money which have been or shall be paid into the bank of poundage. Ireland in the name and with the privity of the accountantgeneral of the Court of Chancery of Ireland, under the Money paid provisions of an act passed in the second year of the reign into the of her present Majesty, intituled "An Act to Provide for bank of the Custody of certain Monies paid in pursuance of the be exempt Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under 1 & 2 Vict. the Authority of Parliament," shall and may be paid out and applied under any order of the said Court of Chancery exempt from usher's poundage.

from.

c. 117.

And with respect to the provision to be made for afford- Access to ing access to the special act by all parties interested, be it special enacted as follows:

act.

Company

to keep

copy of special act

;
at their

162. 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 act, printed by the printers to her Majesty, or some of them shall also within the space of such six months deposit in the office of each of the clerks of the peace of the several principal counties into which the works shall extend a copy of such office, and special act, so printed as aforesaid; and the said clerks of deposit the peace shall receive, and they and the company copies with respectively shall retain, the said copies of the special act, clerks of and shall permit all persons interested to inspect the 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 7 W. IV. of the Peace for Counties, and other Persons, to take the & 1 Vict. Custody of such Documents as shall be directed to be de- c. 83. posited with them under the Standing Orders of either House of Parliament."

same,

the peace.

163. If the company shall fail to keep or deposit, as Penalty on erein before mentioned, any of the said copies of the company special act, they shall forfeit twenty pounds for every such failing to offence, and also five pounds for every day afterwards keep or deduring which such copy shall be not so kept or deposited. posit copies. 164. And be it enacted, That this act shall not extend Scotland. to Scotland.

165. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in the present session amended or of parliament.

repealed.

Form of conviction.

SCHEDULE referred to by the foregoing Act.

to wit.

Be it remembered, That on the in the year of our Lord

day of

A.B. is convicted before us, C., D., two of her Majesty's justices of the peace for the county of [here describe the offence generally, and the time and place when and where committed], contrary to the [here name the special act]. Given under our hands and seals the day and year first above written.

C.

D.

8 & 9 VICT. cap. 96.

An Act to restrict the powers of selling or leasing Railways contained in certain Acts of Parliament relating to such Railways.

[4th August, 1845.]

Preamble. WHEREAS provisions have been introduced in various acts of parliament, during the present session of parliament, relating to railways, giving to railway companies general powers of granting or accepting a lease, sale, or transfer of their own or other lines of railway; and it is expedient that such powers should be restrained:

No railway to be leased

or trans

ferred, un

less under a distinct

provision of an Act

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 it shall not be lawful for the company of proprietors of any railway, by virtue of any powers contained in any act passed in the present session, to make or grant, or for specifying any other railway company or party, by virtue of any the parties. such powers, to accept, a sale, lease, or other transfer of any railway, unless under the authority of a distinct provision in some act of parliament to that effect specifying by name the railway to be so leased, sold, or transferred, and the company or party by whom such lease, sale, or transfer may be respectively made, granted, or accepted.

8 & 9 Vict. cap. 113.] Documentary Evidence.

187

8 & 9 VICT. cap. 113.

An Act to facilitate the Admission in Evidence of certain official and other Documents.

8th August, 1845.]

WHEREAS it is provided by many statutes that various Preamble. certificates, official and public documents, documents and proceedings of corporations and of joint stock and other companies, and certified copies of documents, bye laws, entries in registers and other books, shall be receivable in evidence of certain particulars in courts of justice, provided they be respectively authenticated in the manner prescribed by such statutes: And whereas the beneficial effect of these provisions has been found by experience to be greatly diminished by the difficulty of proving that the said documents are genuine; and it is expedient to facilitate the admission in evidence of such and the like documents:

same,

evidence

proof of

1. Be it therefore enacted by the Queen's most excellent Certain Majesty, by and with the advice and consent of the Lords documents spiritual and temporal, and Commons, in this present to be reParliament assembled, and by the authority of the ceived in That whenever by any act now in force or hereafter to be without in force any certificate, official or public document, or document or proceeding of any corporation or joint stock seal or sigor other company, or any certified copy of any document, nature, &c. bye law, entry in any register or other book, or of any of person other proceeding, shall be receivable in evidence of any signing the particular in any court of justice, or before any legal same. tribunal, or either House of Parliament, or any committee of either House, or in any judicial proceeding, the same shall respectively be admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the respective acts made or to be hereafter made, without any proof of the seal or stamp, where a seal or stamp is necessary, or of the signature or of the official character of the person appearing to have signed the same, and without any further proof thereof in every case in which the original record could have been received in evidence.

2. And be it enacted, That all courts, judges, justices, Courts, &c. masters in chancery, masters of courts, commissioners to take jujudicially acting, and other judicial officers shall hence- dicial