act, or any act incorporated therewith, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before the sheriff or a justice, without any warrant or other authority than this or the special act; and such sheriff or justice shall proceed with all convenient despatch in the matter of the complaint against such offender.

CLIX. Proceedings by Sheriff need not be in Writing.-Any sheriff to whom any application is authorized to be made, and before whom any judicial proceedings shall in consequence take place or become necessary, under or by virtue of this or the special act, or any act incorporated therewith, shall, and he is hereby authorized and required summarily to call before him all parties who appear to him to be interested therein, and to proceed forthwith to hear vivâ voce, and pronounce judgment regarding the matters mentioned in such application or proceeding, or to do the several matters and things required by this act to be done by him, without waiting the ordinary course of the roll of causes before him, and without written pleadings, or a written record, or reducing any evidence which may be led by either of the parties to writing, unless and except where the said sheriff shall consider that the matters mentioned in such application or proceedings can with more advantage be decided with written pleadings and with a written record, in which case he shall proceed to make up a record, and bring the said matters to a conclusion with all convenient despatch; and the orders and judgments of the said sheriff, when pronounced without a record, shall be final and conclusive, and not subject to review by suspension or advocation, or to reduction, on any ground whatever.

CLX. Form of Conviction.-The sheriff or justice, or justices, before whom any person shall be convicted of any offence against this or the special act, or any act incorporated therewith, may cause the conviction to be drawn up according to the form in the schedule (G) to this act annexed.

CLXI. Proceedings not to be quashed for Want of Form, nor removed by Suspension. -No proceeding in pursuance of this or the special act, or any act incorporated therewith, shall be quashed or vacated for want of form, nor shall the same be removed by suspension or otherwise into any superior court.

CLXII. Power of Appeal to Sheriff.-In all cases which may come before any sheriffsubstitute under this or the special act, or any act incorporated therewith, in which written pleadings shall have been allowed, and a written record shall have been made up, and where the evidence which has been led by the parties shall have been reduced to writing, but in no other case whatever, it shall be competent for any of the parties thereto, within seven days after a final judgment shall have been pronounced by such sheriff-substitute, to appeal against the same to the sheriff of the county, by lodging a minute of appeal with the sheriff-clerk of such county, or his depute; and the said sheriff shall thereupon review the proceedings of the said sheriff-substitute, and whole process, and, if he think proper, hear the parties viva voce thereon, and pronounce judgment; and such judgment shall in no case be subject to review by suspension or advocation, or to reduction, on any ground whatever.

CLXIII. Parties allowed to appeal from Justices to Quarter Sessions, on giving Security.-If any party shall feel aggrieved by any determination or adjudication of any justice, or two or more justices, with respect to any penalty or forfeiture under the provisions of this or the special act, or any act incorporated therewith, such party may appeal to the general quarter sessions for the county 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 determination 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.

CLXIV. Court to make such Order as they think_reasonable.-At the quarter sessions for which such notice shall be given the court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions; and upon the hearing 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.

ACCESS TO SPECIAL ACT.

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

CLXV. Copies of Special Act to be kept and deposited, and allowed to be inspected.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 clerks of the peace of the several counties into which the works shall

extend, and in the office of the town clerk of every burgh or city into which, or within one mile of which, the works shall extend, a copy of such special act, so printed as aforesaid; and the said clerks of the peace and town clerks 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 inake extracts or copies therefrom, in the like manner, and upon the like ternis, 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 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 Parlia

ment.

CLXVI. Penalty on Company failing to keep or deposit such Copies.-If the company shall fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the special act, they shall forfeit £20 for every such offence, and also £5 for every day afterwards during which such copy shall be not so kept or deposited.

CLXVII. Act may be amended this Session.—And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament.

is the proprietor of the Company,'

day of

SCHEDULE (B.)

subject to the regulations of the said company. Given under the common seal of the said company, the in the year of our Lord

I

sum of

Form of Transfer of Shares or Stock.

of

paid to me by

hereby transfer to the said

in consideration of the of do share [or shares] numbered

Company" [or

in the undertaking called "The pounds consolidated stock in the undertaking called "The Company," standing (or part of the stock standing) in my name in the books of the company], to hold unto the said his executors, administrators, and assigns [or successors and assigns], subject to the several conditions on which I held the same at the time of the execution hereof; and I the said

do hereby agree to take the said share [or shares] [or stock], subject to the same conditions. [Here insert Testing Clause according to the form of the Law of Scotland, if executed in Scotland, and if executed in England, the form of attestation usual in England.]

SCHEDULE (C.)

"The

Mortgage, Number

Company,"

By virtue [here name the special act], we, "The in consideration of the sum of pounds paid to us by A. B. of do assign unto the said A. B., his executors, administrators, and assignees, the said undertaking [and (in case such loan shall be in anticipation of the capital authorized to be raised) all future calls on shareholders], and all the tolls and sums of money arising by virtue of the said act, and all the estate, right, title, and interest of the company in the same, to hold unto the said A. B., his executors, administrators, and assigns, until the said sum of pounds, together with interest for the same at the rate of pounds for every one hundred pounds by the year, be 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), at or any place of payment other than the principal office of the company]. In witness whereof, &c. [Here insert the Testing Clause of deeds executed in Scotland.]

SCHEDULE (D.)

Form of Bond.

"The

Bond, Number

Company."
£

pounds to us in hand

do bind ourselves and our successors unto the pounds

By virtue of [here name the special act], we "The Company," in consideration of the sum of paid by A. B. of

said A. B., his executors, administrators, and assigns, in the sum of

on the

day of

to be repaid to the said A. B., his executors, administrators, or assigns, at (in case any other place of payment than the principal office of the company be intended) which will be in the year one thousand eight hundred and with a fifth part more of liquidate penalty in case of failure, together with interest for the same at the rate of pounds per centum day of and per annum, payable half-yearly on the day of In witness whereof, &c. [Here insert the Testing Clause of deeds executed in Scotland.]

SCHEDULE (E.)

Form of Transfer of Mortgage or Bond.

in consideration of the sum of

I A. B. of by G. H. of

do hereby transfer to the said G. H., his executors, administrators, and assigns, a certain bond [or mortgage] Number

"The day of

Company" to
for securing the sum of

paid to me

made by

bearing date the
and

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 if the transfer be of a mortgage, and in and to the tolls, money, and property thereby assigned.] [Here insert Scotch Testing clause, if executed in Scotland, and if executed in England, the form of attestation usual in England.]

A. B.

SCHEDULE (F.)
Form of Proxy.

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 day 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

of

Form of Conviction before

to wit.

Be it remembered, That on the

SCHEDULE (G.)

day of

day

in the year of

our Lord A. B. is convicted before me C., the sheriff, or before us D., E., 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 my hand [or under our hands], the day and year first above written.

II. LANDS' CLAUSES CONSOLIDATION ACT, 8 & 9 VICT. c. 19. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature in Scotland. May 8, 1845.

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

This Act to apply to all Undertakings authorized by Acts hereafter passed,-That this act shall apply to every undertaking in Scotland authorized by any act of Parliament which shall hereafter be passed, and which shall authorize the taking of lands for such undertaking, and this act shall be incorporated with such act; and all the

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.

Interpretations in this Act.-And with respect to the construction of this act, and other acts to be incorporated therewith, be it enacted as follows:

II. Special Act.-The expression" special act" used in this act shall be construed to mean any act which shall be hereafter passed, and which shall authorize the taking of lands for the undertaking to which the same relates, 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 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 expression "the promoters of the undertaking" shall mean the parties, whether company, undertakers, commissioners, trustees, corporations, or private persons, by the special act empowered to execute such works or undertaking. III. Interpretations in this and the special Act.-And be it enacted, that 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,)

Number.-Words importing the singular number only shall include the plural number; and words importing the plural number only shall include the singular number: Gender.-Words importing the masculine gender only shall include females: Lands.-The word "lands" shall extend to houses, lands, tenements, and heritages of any description or tenure:

Lease. The word "lease" shall include a missive of lease:

Month.-The word "month" shall mean calendar month:

Lord Ordinary.-The Lord Ordinary" shall mean the Lord Ordinary of the Court of Session in Scotland officiating on the bills in time of vacation, or the junior Lord Ordinary, if in time of session, as the case may be:

Oath. The word "oath" shall include affirmation in the case of Quakers, or other declaration or solemnity lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath :

County. The word "county" shall include any ward or other like division of a county:

Sheriff-The word "sheriff" shall include the sheriff substitute:

Justices.-The word "justices" shall mean justices of the peace acting for the county, city, liberty, 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, liberty, or place, the same shall mean a justice acting for the county, city, liberty, 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 to mean two or more justices assembled and acting together:

Where, under the provisions of this or the special act, 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, or trustees or others, 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 Bank.-The expression the bank" shall mean any of the incorporated or chartered banks in Scotland.

IV. Short Title of the Act.-And be it enacted, that in citing this act in other acts of parliament and in legal instruments it shall be sufficient to use the expression "the Lands' Clauses Consolidation (Scotland) Act, 1845."

V. Forms in which Portions of this Act may be incorporated with other Acts.-And whereas it may be convenient in some cases to incorporate with acts of parliament hereafter to be passed some portion only of the provisions of this act; be it 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 incorporated 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.

PURCHASE OF LANDS BY AGREEMENT.

And with respect to the purchase of lands by agreement, be it enacted as follows: VI. Power to Purchase Lands by Agreement.-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 right or interest in such lands, or by this or the special act enabled to sell and convey the same, for the absolute purchase of any such lands, or such parts thereof as they shall think proper, and for the purchase of all rights and interests in such lands of what kind soever.

VII.-Parties under Disability enabled to Sell and Convey.-It shall be lawful for all parties, being possessed of any lands, or any such right or interest therein, to contract for, sell, convey, and dispose of such lands, or of such right therein, to the promoters of the undertaking, and to enter into all necessary agreements for these purposes, and particularly it shall be lawful for the parties following so to do; (that is to say,) all corporations, heirs of entail, liferenters, or persons holding any other partial or qualified estate or interest, married women seised in their own right or entitled to terce or dower, or any other right or interest, husbands, tutors, curators, and other guardians for infants, minors, lunatics or idiots, fatuous or furious persons, or for persons under any other disability or incapacity, judicial factors, trustees or feoffees in trust for charitable or other purposes, executors, and administrators; and the power so to contract for, sell, convey, and dispose of as aforesaid may lawfully be exercised by all such parties, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion or expectancy after them, and as to such married women as if they were sole, and as to such tutors, curators, guardians, judicial factors, and trustees, on behalf of those for whom they respectively act, whether infants, minors, issue unborn, bankrupts, lunatics, idiots, fatuous and furious persons, married women, or other incapacitated persons, and that to the same extent as such infants, minors, bankrupts, lunatics, idiots, fatuous and furious persons, married women, and other incapacitated persons respectively could have exercised the same power under the authority of this and the special act if they had respectively been under no disability.

VIII. Parties under Disability may exercise other Powers.-The power hereinafter given to discharge any lands from feu duties or casualties of superiority, as well as every other power required to be exercised by any superior pursuant to the provisions of this or the special act, or any act incorporated therewith, and the power to discharge lands from any rent, payment, charge, feu duties, ground annuals, or other real burdens or incumbrances, and to agree for the apportionment of any such rent, payment, charge, feu duties, ground annuals, or other real burdens and incumbrances, shall extend to and may lawfully be exercised by every party hereinbefore enabled to contract for, sell, dispose of, or convey lands or rights or interests therein to the company.

IX. Amount of Compensation, in Case of Parties under Disability, to be ascertained by Valuation, and paid into the Bank-The purchase money or compensation to be paid for any lands, or any rights or interests therein, to be purchased or taken from any party under any disability or incapacity, and not having power to sell or convey such lands, or rights or interests therein, except under the provisions of this or the special act, and the compensation to be paid for any permanent damage or injury to any such lands, shall not, except where the same shall have been determined by the sheriff, or by the verdict of a jury, or by arbitration, or by the valuation of a valuator appointed by the sheriff under the provision hereinafter contained, be less than shall be determined by the valuation of two able practical valuators, one of whom shall be nominated by the promoters of the undertaking, and the other by the other party, and if such two valuators cannot agree in the valuation then by such third valuator as the sheriff shall, upon application of either party, after notice to the other party, for that purpose nominate; and each of such two valuators, if they agree, or if not, then the valuator nominated by the said sheriff, shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness thereof; and all such purchase money or compensation shall be deposited in the bank, for the benefit of the parties interested, in manner hereinafter mentioned.

X. Where Vendor absolutely entitled Lands may be sold on Feu Duties, &c.-It shall be lawful for all parties entitled to dispose of absolutely any lands authorized to be purchased for the purposes of the special act to convey such lands or any part thereof unto the promoters of the undertaking in consideration of an annual feu duty or ground annual payable by the promoters of the undertaking.

XI. Payment of Feu Duties, &c. to be charged on Tolls.-The feu duties or ground annuals stipulated by any such conveyance shall be charged on the tolls or rates, if any, payable under the special act, and shall be otherwise secured in such manner as shall be agreed between the parties, and shall be paid by the promoters of the undertaking as such feu duties or ground annuals become payable; and if at any time the same be not paid within thirty days after they so become payable, and after demand thereof in writing, the person to whom any such feu duties or ground annuals shall be payable may either recover the same from the promoters of the undertaking, with expenses of