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Penalties.

sued for within

a

Appendix CL. The Justices by whom any such Penalty or Forfeiture shall be

No. 4. imposed may, where the Application thereof is not otherwise provided 8 Vic. c. 20. for, award not more than One Half thereof to the Informer, and shall application of award the Remainder to the Overseers of the Poor of the Parish in which the Offence shall have been committed, to be applied in aid of the Poor's Rate of such Parish, or if the place wherein the Offence shall have been committed shall be extra-parochial, then such Justices shall direct such Remainder to be applied in aid of the Poor's Rate of such extra-parochial Place, or, if there shall not be any Poor's Rate therein, in aid of the Poor's Rate of any adjoining Parish or District.

CLI. No Person shall be liable to the Payment of any Penalty or Penalties to be Forfeiture imposed by virtue of this or the special Act, or any Act Six Months. incorporated therewith, for any Offence made cognizable before a Justice, unless the Complaint respecting such Offence shall have been made before such Justice within Six Months next after the Commission of such Offence. CLII. If, through any Act, Neglect, or Default on account whereof Damage to be

made good in any Person shall have incurred any Penalty imposed by this or the addition to

Penalty. special Act, any Damage to the Property of the Company shall have been committed by such Person, he shall be liable to make good such Damage as well as to pay such Penalty ; and the Amount of such Damages shall, in case of Dispute, be determined by the Justices by whom the Party incurring such Penalty shall have been convicted; and on Nonpayment of such Damages, on demand, the same shall be levied by Distress, and such Justices, or One of them, shall issue their or his Warrant accordingly. CLIII. It shall be lawful for any Justice to summon any Person to Penalty on Wit

nesses making appear before him as a Witness in any Matter in which such Justice Default. shall have Jurisdiction under the Provisions of this or the special Act, at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expences, or if any Person appearing shall refuse to be examined upon Oath or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence.

CLIV. It shall be lawful for any Officer or Agent of the Company, Transient and all Persons called by him to his Assistance, to seize and detain any Person who shall have committed any Offence against the Provisions of this or the special Act, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him, with all convenient Despatch, before sore Justice, without any Warrant or other Autho

a

Offenders,

Form of Conviction,

for Want of

Parties allowed to appeal to

Appendix
No. 4.

rity than this or the special Act; and such Justice shall proceed with 8 Vic. c. 20. all convenient Despatch to the hearing and determining of the Com

plaint against such Offender.

CLV. The 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 to this Act annexed. Proceedings not CLVI. No Proceeding in pursuance of this or the special Act, or to be quashed

any Act incorporated therewith, shall be quashed or vacated for Want Form, &c.

of Form, nor shall the same be removed by Certiorari or otherwise into any of the Superior Courts.

CLVII. If any Party shall feel aggrieved by any Determination or Quarter Sessions Adjudication of on giving Secu

Justice with respect to any Penalty or Forfeiture

any rity.

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. Court to make CLVIII. 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.

CLIX. Provided always, and be it enacted, That notwithstanding any thing herein or in the special Act, or any Act incorporated therewith, contained, every Penalty or Forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any Bye Law in pursuance thereof, in respect of any Offence which shall take place within the Metropolitan Police District, shall be recovered, enforced, accounted for, and, except where the Application thereof is otherwise specially provided for, shall be paid to the Receiver of the Metro

such Order as they think reasonable.

Receiver of
Metropolitan
Police District
to receive Penal-
ties incurred
within his Dis-
trict.

2 & 3 Vict. c. 71

Appendix politan Police District, and shall be applied in the same Manner as

No. 4 Penalties or Forfeitures, other than Fines upon drunken Persons, or 8 Viv. c. 20. 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 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 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.

CLX. And be enacted, That every Person who, upon any Exami- Persons giving nation upon Oath, under the Provisions of this or the special Act, or liable to Penal

ties of Perjury. any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury.

CLXI. And be it declared and enacted, That all Sums of Money the Bank of Irewhich have been or shall be paid into the Bank of Ireland in the food to be exempt Name and with the Privity of the Accountant General of the Court Poundage. of Chancery of Ireland, under the Provisions of an Act passed in the Second Year of the Reign of Her present Majesty, intituled An Act to provide for the Custody of certain Monies paid in pursuance of the Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament, shall and may be paid out and applied under any Order of the said Court of Chancery exempt from Ushers Poundage.

false Evidence

from

1 & 2 Vict.c. 117.

(a.) SCHEDULE referred to by the foregoing Act.

to wit. Be it remembered, That on the

Day of in the Year of our Lord

A.B. is convicted before us, C.,D., Two of Her Majesty's Justices of the Peace for the County of

[here describe the Offence generally, and the

(n.) It will be observed that though the foregoing provisions are incorporated with the Lodging Houses Act, sec. 15, ante, page 220, no reference is made to the Schedule.

Appendix

Time and Place when and where committed], contrary to the [here No. 5 8 Vic. c. 16. name the special Act]. Given under our Hands and Seals the Day and Year first above written.

C.

D.

APPENDIX.

No. 5.

COMPANIES CLAUSES CONSOLIDATION ACT.

The following provisions of the Companies Clauses Consolidation Act,

1845," are incorporated with the 9th and 10th Vict. c. 74, intituled, An Act to encourage the establishment of Public Baths and Washhouses,by section 23, ante appendix 205 ; and are incorporated with the 14th and 15th Vict. c. 34, entituled An Act to encourage the establishment of Lodging Houses for the Labouring Classes," by section 33, ( see ante, page 230 Appendix ;) excepting in both Cases the commencement and interpretation Clauses which are added, as the incorporated provisions may be interpreted by the Interpretation Clause of the Act, from which they are incorporated. See note to section 3, page 6 of the Cheltenham Improvement Act, as to the In. terpretation of words in sections incorporated from other Acts.

ANNO OCTAVO VICTORIÆ REGINÆ.

CAP. XVI.

AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS

USUALLY INSERTED IN ACTS WITH RESPECT TO THE CONSTI-
TUTION OF COMPANIES INCORPORATED FOR

CARRYING ON
UNDERTAKINGS OF A PUBLIC NATURE. [8th May 1845.)
WHEREAS it is expedient to comprise in One General Act sundry

Provisions relating to the Constitution and Management of Joint Stock Companies usually introduced into Acts of Parliament authorizing the Execution of Undertakings of a public Nature by such Companies, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Under

passed.

in this Act :

Act

takings as for ensuring greater Uniformity in the Provisions themselves :

Appendix

No. 5. May it therefore please Your Majesty that it may be enacted ; and be 8 Vic. c. 16. 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 Joint Stock Company Act to apply to

all Companies which shall by any Act which shall hereafter be passed be incorporated incorporated

by Acts herefor the Purpose of carrying on any Undertaking, and this Act shall be after to 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 Company which shall be incorporated by such Act, and to the Undertaking for carrying on which such Company shall be incorporated, so far as the same shall be applicable thereto respectively; and such Clauses and Provisions, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, shall, save as aforesaid, form Part of such Act, and be construed together therewith as forming One Act.

II. And with respect to the Construction of this Act, and of other Interpretations Acts to be incorporated therewith, be it enacted as follows:

The Expression “ the special Act” used in this Act shall be construed “The special to mean any Act which shall be hereafter passed incorporating a Joint Stock Company for the Purpose of carrying on any Undertaking, 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 “Prescribed :” 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 Undertaking" "The Undershall mean the Undertaking or Works, of whatever Nature, which shall by the special Act be authorized to be executed.

III. The following Words and Expressions both in this and the Interpretations special Act shall have the several Meanings hereby assigned to them, special Act : unless there be something in the Subject or the 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 Number :

include the Singular Number : Words importing the Masculine Gender only shall include Females : Gender : The Word “ Lands” shall extend to Messuages, Lands, Tenements, “ Lands :" and Hereditaments of

any

Tenure.
The Word “ Lease” shall include an Agreement for a Lease :
The Word “ Month” shall mean Calendar Month :

“ Lease :")

“ Month :"

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