Schedules.

E.

Form of transfer of mortgage or bond.

the principal sum of

pounds,

together with interest for the same at the rate of
pounds per centum per annum, payable half-yearly on the

day of

and

day of

then the above-written obligation is to become void, otherwise to remain in full force. Given under our common seal, this thousand eight hundred and

day of

E.-Form of Transfer of Mortgage or Bond.

I, A.B. of

one

in consideration of the sum of paid to me by G.H. of . . . do hereby transfer to the said G.H., his executors, administrators, and assigns, a certain bond [or mortgage] number made by "The

bearing date the

securing the sum of

Company" to
day of
and

for

interest

F.

Form of proxy.

G.

Form of

conviction.

[or, if such transfer be by endorsement, the within secu-
rity], and all my right, estate, and interest in and to the
money thereby secured [and if the transfer be of a mort-
gage, and in and to the tolls, money, and property thereby
assigned]. In witness whereof I have hercunto set my
hand and seal, this
day of

one of the proprietors of "The Company," doth hereby appoint C.D. of to be the proxy of the said A. B., in his absence to vote in his name upon any matter relating to the undertaking proposed at the meeting of the proprietors of the said company to be held on the

of
next, in such manner as he the said C.D.
doth think proper. In witness whereof the said A.B. hath
hereunto set his hand [or, if a corporation, say the common
seal of the corporation], the

one thousand eight hundred and

before us C., D., two of her Majesty's justices of the peace

for the county of

generally, and the time and

[here describe the offence place when and where com

mitted], contrary to the [here name the special act]. Schedules. Given under our hands and seals, the day and year first

An Act for consolidating in One Act certain provisions usually inserted in Acts authorizing the taking of lands for Undertakings of a Public [8th May, 1845.]

Nature.

WHEREAS it is expedient to comprise in one general act Preamble. sundry provisions usually introduced into acts of Parliament relative to the acquisition of lands required for undertakings or works of a public nature, and to the compensation to be made for the same, 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,

acts here

after to be

passed.

1. May it therefore please your Majesty that it may be Act to apenacted; and be it enacted by the Queen's most excellent ply to all Majesty, by and with the advice and consent of the Lords undertakspiritual and temporal, and Commons, in this present ings authorized by Parliament assembled, and by the authority of the same, That this act shall apply to every undertaking authorized by any act which shall hereafter be passed, and which shall authorize the purchase or taking of lands for such undertaking, 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.

And with respect to the construction of this act and of Interpretaacts to be incorporated therewith, be it enacted as follows: tions in 2. The expression "the special act," used in this act, this act. shall be construed to mean any act which shall be hereafter passed which shall authorize the taking of lands for "Special the undertaking to which the same relates, and with which this act shall be so incorporated as aforesaid; and the

act."

ed."

"prescrib- word "prescribed," 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 works" or "the undertaking" shall mean the works or undertaking, of whatever nature, which shall by the special act be authorized to be executed; and the expres66 'promoters sion "the promoters of the undertaking” shall mean the of the un- parties, whether company, undertakers, commissioners, dertaking." trustees, corporations, or private persons, by the special act empowered to execute such works or undertaking.

"the works."

Interpreta

tions in this and

the special

3. The following words and expressions, both in this and the special act, shall have the several meanings hereby assigned to them, unless there be something either in the subject or context repugnant to such construction; (that is to say,)

Words importing the singular number only shall include
the plural number, and words importing the plural
number only shall include the singular number:
Words importing the masculine gender only shall in-
clude females

The word "lands shall extend to messuages, lands,
tenements, and hereditaments of
any tenure:
The word "lease shall include an agreement for a
lease:

The word "month shall mean calendar month.:
The expression superior courts" shall mean her
Majestys superior courts of record at Westminster
or Dublin, as the case may require

The word "oath shail 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 by any clerk of the peace, the expression
"the sheriff," or the expression "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

act.

"Justices."

situate not wholly in one county, city, borough, liberty, Interpretacinque port, or place, the same expression shall be tions in construed to mean the sheriff or clerk of the peace of this and the special any county, city, borough, liberty, cinque port, or place where any part of such lands shall be situate: The word "justices" shall mean justices of the peace acting for the county, city, 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, the same shall mean a justice acting for the county, city, borough, liberty, cinque port, or place where any part 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 "Two jus understood to mean two justices assembled and act- tices." ing together.

Where under the provisions of this or the special act, “Owner.”
or any act incorporated therewith, 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, would be enabled to sell and convey lands
to the promoters of the undertaking:

The expression "the bank" shall mean the Bank of "The
England where the same shall relate to monies to be bank."
paid or deposited in respect of lands situate in Eng-
land, and shall mean the Bank of Ireland where the
same shall relate to monies to be paid or deposited in
respect of lands situate in Ireland.

4. And be it enacted, That in citing this act in other Short title acts of parliament, and in legal instruments, it shall be of the act. sufficient to use the expression "The Lands' Clauses Con

solidation Act, 1845."

act may be incorpora

5. And whereas it may be convenient in some cases to Form in incorporate with acts of parliament hereafter to be passed which por some portion only of the provisions of this act; be it tions of this therefore enacted, That, for the purpose of making any such incorporation, it shall be sufficient in any such act to enact that the clauses of this act with respect to the matter so proposed to be incorporated (describing such matter as it is described in this act in the words introductory to the enactment with respect to such matter,) shall be incor

ted with

other acts.

Purchase

porated with such act, and thereupon all the clauses and provisions of this act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by such act, form part of such act, and such act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such act shall relate.

And with respect to the purchase of lands by agreement, of lands be it enacted as follows:

by agree

ment.

Promoters

may pur

6. Subject to the provisions of this and the special act it shall be lawful for the promoters of the undertaking to agree with the owners of any lands by the special act authorized to be taken, and which shall be required for the purposes of such act, and with all parties having any estate or interest in such lands, or by this or the special act enabled to sell and convey the same, for the absolute thorized by purchase, for a consideration in money, of any such lands, special act. or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind

chase by agreement lands au

to sell the

promoters, and to enter

into all

necessary agree

soever.

Parties en- 7. It shall be lawful for all parties, being seised, postitled to any sessed of, or entitled to any such lands, or any estate or such lands interest therein, to sell and convey or release the same to empowered the promoters of the undertaking, and to enter into all same to the necessary agreements for that purpose; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and Parties years, or for years, or any less interest; and the power so having to sell and convey or release as aforesaid may lawfully be limited in- exercised by all such parties, other than married women terests ena- entitled to dower, or lessees for life, or for lives and years, bled to sell or for years, or for any less interest, not only on behalf of and convey. themselves and their respective heirs, executors, adminis

ments.

trators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same