« EelmineJätka »
No. 5. 8 Vic. c. 16.
Form of Bond.
£ By virtue of [here name the special Act], we, “The Company," in consideration of the Sum of
Pounds to us in hand paid by A.B. of
do bind ourselves and our Successors unto the said A.B., his Executors, Administrators, and Assigns, in the penal Sum of
(in case any other Place of Payment than
which will be in the Year One thousand eight hundred and
, the Principal Sum of
Day of then the above-written Obligation is to become void, otherwise to remain in full Force. Given under our Common Seal, this Day of
One thousand eight hundred and
Form of Transfer of Mortgage or Bond. I A.B. of
in consideration of the Sum of
paid to me by G.H. of do hereby transfer to the said G.H., his Executors, Administrators, and Assigns, a certain Bond (or Mortgage] Number made by “The
Company" 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 if the Transfer be of a Mortgage, and in and to the Tolls, Money, and Property thereby assigned]. In witness whereof I have hereunto set my Hand and Seal, this
One thousand eight hundred and
No. 6. 8 Vic. c. 18.
Form of Conviction.
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 Time and Place when and where committed,] contrary to the [here name the special A Given under our Hands and Seals, the Day and Year first above writte .
LANDS CLAUSES CONSOLIDATION ACT.
" The Lands Clauses Consolidation Act, 1845," is incorporated with
the Baths and I'ash-houses Amendment Act, by the 4th sec. ante, page 214, Appendix; and with the Labouring Classes, Lodging Houses Act, 1851, by sec. 34, ante page 231, Appendir, but the Commissioners under each Act are restricted from purchasing, or
taking Lands otherwise than by agreement. The 84th Sec. of the Public Health Act, (incorporated with the Chelten
ham Improvement Act, by sec. 26, ante page 41) incorporates the Lands Clauses Consolidation Act "except the Parts and Enactments of that Act with respect to the Purchase and taking of Lands otherwise than by Agreement," /comprising secs. 16 to 68 both inclusive), “and with respect to the Recovery of Forfeitures, Penalties, and Costs," /comprising secs. 136 to 149 both inclusive) “and with respect to Lands acquired by the Promoters of the Undertaking, but which shall not be wanted for the Purposes thereof,” (comprising sects. 127 to 135 both inclusive.) The 28th Section of the Cheltenham Improvement Act, ante page 44 enac's that “the Provisions of the Lands Clauses Consolidation Act, 1845, with respect to the “ Purchase and taking of Lands otherwise than by Agreement,” (part
of the Act previously excepted, viz., sections 16 to 68, both Appendir inclusive,) “ shall be incorporated with this Act, as well as those
8 Vic. c. 18. Provisions of the said Act already herein incorporated by Reference to Section 84 of “ The Public Health Act, 1848 :" and the 66th sect. of the Cheltenham Improvement Act, (incorporating section 77 of the Towns Improvement Clauses Act, ante, page 86) incorporates in effect the compulsory Compensation Clauses of the Lands
Clauses Consolidation Act.
Lands Clauses Consolidation Act, 1845," is therefore obvious.
Act, (being only 23 Sections) are noticed.
ANNO OCTAVO VICTORIÆ REGINÆ.
Ax Act for CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS
USUALLY INSERTED IN ACTS AUTHORIZING THE TAKING OF
[8th May 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 required for Undertakings or Works of a public Nature, and to 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 : May it therefore please Your Majesty that it may be enacted; and be it cnacted 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 Act to apply to of the same, 'That this Act shall apply to every Undertaking autho- authorised by
Acts hereafter to rized by any Act which shall hereafter be passed, and which shall be passed authorize the Purchase or taking of Lands for such Undertaking, and this Act shall 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 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 8 Vic. c. 18, be construed together therewith as forming One Act. Interpretations And with respect to the Construction of this Act and of Acts to be in this Act :
incorporated therewith, be it enacted as follows: “Special Act :" II. The Expression “the special Act,” used in this Act, shall be
construed to mean any Act which shall be hereafter passed 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; "Prescribed :" 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 “The Works:" Works” or “the Undertaking” shall mean the Works or Undertaking,
of whatever Nature, which shall by the special Act be authorized to ** Promoters of be executed ; and the Expression “ the Promoters of the Undertaking" taking." shall mean the Parties, whether Company, Undertakers, Commis
sioners, Trustees, Corporations, or private Persons, by the special Act
empowered to execute such Works or Undertaking. Interpretations III. The following Words and Expressions, both in this and the in this and the special Act : special Act, shall have the several Meanings hereby assigned to them,
unless there be something either in the Subject or Context 'repugnant
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 Messuages, Lands, Tenements,
and Hereditaments, of any Tenure :
The Word “ Lease” shall include an Agreement for a Lease: “Month :" The Word " Month" shall mean Calendar Month : “ Superior The Expression “ Superior Courts” shall mean Her Majesty's SupeCourts :"
rior Courts of Record at IVestminster or Dublin, as the Case may
require : "Oath :"
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 : County :" 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 :
« Lcase :")
Appendix The Word “Sheriff” shall include Under Sheriff, or other legally
No. 6. competent Deputy; and where any Matter in relation to any Land 8 Vic. c. 18. is required to be done by any Sheriff or by any Clerk of the “The Sheriff :" Peace, the Expression “ the Sheriff,” or the Expression
“ the “The Clerk of Clerk of the Peace,” shall in such case be construed to mean the the Peace :" Sheriff or the Clerk of the Peace of the County, City, Borough, Liberty, Cinque Port, or Place where such Lands shall be situate; and if the Lands in question, being the Property 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 “ Justices” shall mean Justices of the Peace acting for “ Justices :"
the County, City, Liberty, Cinque Port, or Place where the Mat-
mean Two Justices assembled and acting together : Where under the Provisions of this or the special Act, or any Act "Owner :">
incorporated therewith, any Notice shall be required to be given
the Undertaking : The Expression “the Bank” shall mean the Bank of England where «The Bank.”
the same shall relate to Monies to be paid or deposited in respect
(Q.) It would seem that the enabling clause, section 127 of the Cheltenham Improvement Act, ante, page 175 will apply to Justices acting under the provisions of the Lands Clauses Consolidation Act, as incorporated with the Cheltenham Act, but not otherwise.
(6.) See note to section 3 page 6 of the Cheltenham Improvement Act as to the Interpretations of Words in the incorporated Sections from other Acts,