CXLIV. The Justices before whom any Person shall be con- Form of victed of any Offence against this or the special Act, or any Act Conviction. incorporated therewith, may cause the Conviction to be drawn up according to the Form in the Schedule (C.) to this Act annexed. CXLV. No Proceeding in pursuance of this or the special Act, Proceedings or any Act incorporated therewith, shall be quashed or vacated not to be for Want of Form, nor shall the same be removed by Certiorari or Want of otherwise into any of the Superior Courts. quashed for Form. Quarter CXLVI. If any Party shall feel aggrieved by any Determination or Parties Adjudication of any Justice with respect to any Penalty or Forfeiture allowed to under the Provisions of this or the special Act, or any Act incor appeal to porated therewith, such Party may appeal to the General Quarter Sessions on Sessions for the County or Place in which the Cause of Appeal shall giving have arisen; but no such Appeal shall be entertained unless it be Security. made within Four Months next after the making of such Deter 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. CXLVII. At the Quarter Sessions for which such Notice shall be Court to given the Court shall proceed to hear and determine the Appeal in make such a summary Way, or they may, if they think fit, adjourn it to the order as they thinki following Sessions; and upon the hearing of such Appeal the Court reasonable. 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. of babe ad curcedwithd his District/ CXLVIII. Provided always, and be it enacted, That notwith- Receiver standing any thing herein or in the special Act, or any Act incorpo- the Metre rated therewith, contained, every Penalty or Forfeiture imposed by police Dispolitan this or the special Act or any Act incorporated therewith, or by any trict to Bye Law in pursuance thereof, in respect of any Offence which shall receive Petake place within the Metropolitan Police District, shall be recovered, nalties inenforced, 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 of Her present Majesty, intituled An Act for regulating the Police Courts in 2 & 3 Vict. the Metropolis, and every Order or Conviction of any of the Police c. 71. 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 Penalties. Recovery of 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 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 giving false Evidence liable to Penalties of Access to CXLIX. And be it enacted, That any 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. And with respect to the Provision to be made for affording Access special Act. to the special Act by all Parties interested, be it enacted as follows: Copies of special Act to be kept and deposited, and allowed to be inspected. CL. 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; 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 Clerk's 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 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 1 Vict. c. 83. the Peace for Counties and 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. 7 W. 4. & Penalty on Company failing to keep or deposit. Act not to extend to Scotland. Act may be amended this Session. CLI. 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 Offence, and also Five Pounds for every Day afterwards during which such Copy shall be not so kept or deposited. CLII. And be it enacted, That this Act shall not extend to Scotland. CLIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament. SCHE. SCHEDULES referred to in the foregoing Act. Ι of. of SCHEDULE (A.) Form of Conveyance. in consideration of the Sum paid to me [or, as the Case may be, into the Bank of England (or Bank of Ireland, in the Name and 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. ofT l'a in 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 for 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, the the Year of our Lord Day of in SCHEDULE (B.) I Form of Conveyance on Chief Rent. of in consideration of the Rentcharge to be paid to me, my Heirs and Assigns, as herein-after mentioned, by "The Promoters of the Undertaking" [naming them], incorporated [or constituted] by virtue of the [here name the special Act], do hereby convey to the said Con.pany [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 4 H clear clear yearly Rent of by equal quarterly [or half-yearly, 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 in the Year of our Lord Day of SCHEDULE (C.) Form of Conviction. to wit. Be it remembered, That on the Day of A.B. is convicted before us in the Year of our Lord 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. LONDON: Printed by GEORGE E. EYRE and ANDREW SPOTTISWOODE, Printers to the Queen's most Excellent Majesty. 1845. |