« EelmineJätka »
such Bankrupt or Insolvent, may represent the Commissioners, and act in their Behalf, in all respects as if such Claim or Demand had been the Claim or Demand of such Secretary or Treasurer, and not of the Commissioners.
CIII. And with respect to Tender of Amends, be it enacted, Tender of That if any Person shall have committed any Irregularity, Amends. Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or by virtue of any Power or Authority thereby given, and if before Action brought in respect thereof such Party make Tender of sufficient Amends to the Party injured, such last-mentioned Party shall not recover in any such Action; and if no such Tender have been made, the Defendant, by Leave of the Court where such Action is pending, may at any Time before Issue joined, pay into Court such Sum of Money as he thinks fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court.
And with respect to the Recovery of Damages not specially Recovery of provided for, and of Penalties, and to the Determination of any other Matter referred to Justices or to the Sheriff, be it enacted as follows:
CIV. If the Undertaking be situate in England or Ireland Railways the Clauses of the Railways Clauses Consolidation Act, 1845, solidation Acts, with respect to the Recovery of Damages not specially provided 1845, as to for, and of Penalties, and to the Determination of any other Damages, &c. Matter referred to Justices, shall be incorporated with this and to be incorporated with the special Act; and if the Undertaking be situate in Scotland this and the the Clauses of the Railways Clauses Consolidation Act, (Scot- special Act. land) 1845, with respect to the Recovery of Damages not specially provided for, and to the Determination of any other Matter referred to the Sheriff or to Justices shall be incorporated with this and the special Act; and such Clauses shall apply to the Undertaking, and to the Commissioners respectively, and shall be construed as if the Word "Commissioners" had been inserted therein instead of the Word "Company. CV. All Things herein or in the special Act, or any Act incorporated herewith, authorized or required to be done by Two Justices, may and shall be done in England and Ireland by any One Magistrate having by Law Authority to act alone for any Purpose with the Powers of Two or more Justices, and in Scotland by the Sheriff or Steward of any County or Stewartry or Ward, or his Substitute.
quired to be done
All Things reby Two Justices Ireland may, in done by One, and in Scotland by the
in England and
certain Cases, be
CVI. Every Penalty or Forfeiture imposed by this or the Penalties, &c. special Act, or any Act incorporated therewith, or by any Bye imposed in Law in pursuance thereof, in respect of any Offence which shall respect of any take place within the Metropolitan Police District, shall be mitted within recovered, enforced, accounted for, and, except where the Appli- the Metropocation thereof is otherwise specially provided for, shall be paid District to be to the Receiver of the Metropolitan Police District, and shall paid to the be applied in the same Manner as Penalties or Forfeitures, Receiver, and other than Fines upon drunken Persons, or upon Constables applied under
2&3 Vict. c.71
Recovery of Damages and
In Ireland Part
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 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 Expences as 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.
CVII. Provided always, That in Ireland, in the Case of any be paid to Guar. Penalty imposed by Justices, where the Application is not dians of Unions. otherwise provided for, such Justices may award not more than
Persons giving false Evidence ties of Perjury.
liable to Penal
Nothing in this or the special Act to affect
One Half of such Penalty to the Informer, and shall award the Remainder to the Guardians of the Poor of the Union within which the Offence shall have been committed, to be applied in aid of the Poor Rates of such Union.
CVIII. Every Person who, upon any 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.
CIX. And be it enacted, That nothing in this or the special Act shall be deemed to extend to or affect any Act of the Rights of Parliament relating to Her Majesty's Duties of Customs or Excise, or any other Revenue of the Crown, or to extend to or affect any Claim of Her Majesty in right of Her Crown, or otherwise howsoever, or any Proceedings at Law or in Equity by or on behalf of Her Majesty, in any Part of the United Kingdom of Great Britain and Ireland.
Access to special Act. Copies of special Act to be kept by Commissioners
at their Office,
And with respect to Access to the special Act, be it enacted as follows:
CX. The Commissioners 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; and shall also, within the Space of such Six Months, deposit in the Office of the Clerk of the Peace in England or Ireland, and of the Sheriff Clerk in Scotland, of the County in which the Undertaking is situate, a Copy of such special Act so printed as aforesaid; and the said Clerk of the Peace and Sheriff Clerk respectively shall receive, and they and the Commissioners respectively shall keep, the said Copies of the special Act, and shall permit all Persons 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 An Act to compel Clerks of the 7 W. 4. & 1 Vict. Peace for Counties and other Persons to take the Custody of c.83. such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.
CXI. If the Commissioners fail to keep or deposit as Penalty on herein-before mentioned any of the said Copies of the special failing to keep Act, they shall forfeit Twenty Pounds for every such Offence, or deposit such and also Five Pounds for every Day afterwards during which Copies. such Copy shall be not so kept or deposited.
CXII. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this Session of Par- amended, &c. liament.
SCHEDULES to which the foregoing Act refers.
SCHEDULE (A.) Sect. 23.
I vote for the Persons named in the above List as Commissioners for this Town [or District, or Ward, as the Case
By virtue of [here name the special Act], we [here name the Corporation, if the Commissioners be incorporated, or if not in
corporated, Five of the Commissioners,] appointed in pursuance of the said Act, in consideration of the Sum of
paid to the Treasurer to the said Commissioners by A. B. of for the Purposes of the said Act, do grant and assign unto the said A. B., his Executors, Administrators, and Assigns, such Proportion of the Rates, Rents, Profits, and other Monies arising or accruing by virtue of the said Act from [here describe the Rates or other Property proposed to be mortgaged] as the said Sum of doth or shall
bear to the whole Sum which is or shall be borrowed upon the Credit of the said Rates, Rents, Profits, or Monies, to hold to the said A. B., his Executors, Administrators, and Assigns, from this Day until the said Sum of with Interest at per Centum per Annum for the same, shall be fully paid and satisfied (the Principal Sum to be repaid at the End of Years from the Date hereof [in case any Period be agreed upon for that Purpose]). Given under our Corporate Seal [or, In witness whereof we have hereunto set our Hands and Seals, or, if the Deed be granted in Scotland, insert the testing Clause required by the Law of Scotland, as the Case may be,] this Day of One thousand eight
SCHEDULE (C.) Sect. 77.
Form of Transfer of Mortgage.
I A. B. of
paid to me by C. D. of
in consideration of the Sum of do hereby
transfer to the said C. D., his Executors, Administrators, and Assigns, a certain Mortgage, [or, if the Deed be granted in Scotland, a certain Assignation in Security,] Number
made by "The Commissioners for executing the [here name the special Act] to bearing Date the
for securing the Sum of Interest [or, if such Transfer be by Endorsement, the within Security], and all my Right, Estate, and Interest in and to the Money thereby secured, and in and to the Rates, Rents, Profits, or other Monies thereby assigned. In witness whereof I have hereunto set my Hand and Seal [or, if the Deed be granted in Scotland, insert the testing Clause required by the Law of Scotland,] this Day of One thousand eight hundred and
is convicted before us, Two of Her Majesty's Justices of the
Peace for the County of
[or before me
the Sheriff of the County of
CA P. XVII.
An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Waterworks for supplying Towns with Water.
[23d April 1847.] WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament authorizing the Construction of Waterworks for supplying • Towns with Water, and that as well for 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: 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 extend only to such Waterworks as Extent of Act. shall be authorized by any Act of Parliament hereafter to be passed, which shall declare that this Act shall be incorporated therewith, and all the Clauses 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 with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act, and any Interpretations Act incorporated therewith, be it enacted as follows:
in this Act:
II. The Expression "the special Act" used in this Act shall "special Act:" be construed to mean any Act which shall be hereafter passed authorizing the Construction of Waterworks, and with which this Act shall be incorporated; and the Word "prescribed" "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 occurs shall be construed as if, instead of the Word "prescribed," the Expresssion "prescribed for that Purpose in the special Act" had been used; and the Expression "the Lands and Streams" shall mean the Lands and Streams "the Lands and of Water which shall by the special Act be authorized to be Streams:" taken or used for the Purposes thereof; and the Expression "the