An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways. [8th May 1845.]

HEREAS 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 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" 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 Operation of Railway which shall by any Act which shall hereafter be passed be this Act conauthorized to be constructed, and this Act shall be incorporated with fined to such Act; and all the Clauses and Provisions of this Act, save so far ways. 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

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1745 M-A5 354

Interpretations in this

Act:

"special Act:"

"prescribed:"

8° VICTORIÆ, Cap. 20.

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 other Acts to be incorporated therewith, be it enacted as follows:

II. The Expression "the special Act," used in this Act, shall be construed to mean any Act which shall be hereafter passed authorizing the Construction of a Railway, and with which this Act shall be so incorporated as aforesaid; and the 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 Lands" shall mean the Lands which shall by the special Act be authorized to be taken or used for the "the Under- Purposes thereof; and the Expression "the Undertaking" shall mean taking." the Railway and Works, of whatever Description, by the special Act authorized to be executed.

"the Lands:"

Interpreta

III. The following Words and Expressions, both in this and the tions in this special Act, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)

and the

special Act: Number:

Gender:

"Lands:"

"Lease:" "Toll:"

"Goods:"

"Month:" "Superior Courts:"

"Oath :"

"County:"

Words importing the Singular Number only shall include the
Plural Number; and Words importing the Plural Number only
shall include also the Singular Number:

Words importing the Masculine Gender only shall include
Females:

The Word "Lands" shall include Messuages, Lands, Tenements,
and Hereditaments of any Tenure :

The Word "Lease" shall include an Agreement for a Lease:
The Word "Toll" shall include any Rate or Charge or other
Payment payable under the special Act for any Passenger,
Animal, Carriage, Goods, Merchandize, Articles, Matters, or
Things conveyed on the Railway:

The Word "Goods" shall include Things of every Kind conveyed
upon the Railway:

The Word" Month" shall mean Calendar Month:

The Expression "Superior Courts" shall mean Her Majesty's Superior Courts of Record at Westminster or Dublin, as the Case may require :

The Word" Oath" shall 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

8° VICTORIÆ, Cap.20.

355

The Word "Sheriff" shall include Under Sheriff or other legally « the She-
competent Deputy; and where any Matter in relation to any riff:"
Lands is required to be done by any Sheriff or Clerk of the
Peace, the Expression "the Sheriff," or the Expression "the "the Clerk
Clerk of the Peace," shall in such Case be construed to mean of the
the Sheriff or the Clerk of the Peace of the County, City, Peace:"
Borough, Liberty, Cinque Port, or Place where such Lands
shall be situate; and if the Lands in question, being the Pro-
perty of one and the same Party, be situate not wholly in one
County, City, Borough, Liberty, Cinque Port, or Place, the
same Expression shall be construed to mean the Sheriff or Clerk
of the Peace of any County, City, Borough, Liberty, Cinque
Port, or Place where any Part of such Lands shall be situate:
The Word "Justice" shall mean Justice of the Peace acting for "Justice:"
the County, City, Borough, 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, 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 understood "Two Jus-
to mean Two Justices assembled and acting together:
Where under the Provisions of this or the special Act any Notice "Owner:"
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, or any Act incorporated
therewith, would be enabled to sell and convey Lands to the
Company:

tices :"

The Expression "the Company" shall mean the Company or "the Com-
Party which shall be authorized by the special Act to construct pany:'
the Railway:

The Expression "the Railway" shall mean the Railway and the Rail-
Works by the special Act authorized to be constructed :

way:"

The Expression "the Board of Trade" shall, mean the Lords of « Board of
the Committee of Her Majesty's Privy Council appointed for Trade :”
Trade and Foreign Plantations:

The Expression "the Bank" shall mean the Bank of England, "the Bank:"
where the same shall relate to Monies to be paid or deposited in
respect of Lands situate in England; 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:

The Expression "Turnpike Road" shall, when applied to any « Turnpike
Road in Ireland, include any Road upon which Her Majesty's Road," 'Ire-
Mails are or shall be carried in Mail Carriages; or such other land:
Roads as the Commissioners of Public Works in Ireland shall
consider to require Arches of greater Width or Height than by
this Act is required for public Carriage Roads:

The