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Appendix

No. 5. 8 Vic. c. 16.

SCHEDULE (D.)

“ The

Form of Bond.

Company."
Bond, Number

£ 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

Pounds,
The Condition of the above Obligation is such, that if the said
Company shall pay 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)], on the
Day of

which will be in the Year One thousand eight hundred and

, the Principal Sum of
Pounds, together with Interest for the same at the Rate of
Pounds per Centum per Annum, payable half-yearly on the
Day of

and

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

SCHEDULE (E.)

Day of

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

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]. In witness whereof I have hereunto set my Hand and Seal, this

Day of

One thousand eight hundred and

Appendix

No. 6. 8 Vic. c. 18.

SCHEDULE (G.)

Day of

Form of Conviction.
to wit.
Be it remembered, That on the
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 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 .

C. D.

APPENDIX

No. 6.

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

No. 6,

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.
The Necessity for setting forth in this Appendix the whole of The

Lands Clauses Consolidation Act, 1845," is therefore obvious.
The Parts not directly incorporated with the Cheltenham Improvement

Act, (being only 23 Sections) are noticed.

ANNO OCTAVO VICTORIÆ REGINÆ.

CAP. XVIII.

Ax Act for CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS

USUALLY INSERTED IN ACTS AUTHORIZING THE TAKING OF
LANDS FOR UNDERTAKINGS OF A PUBLIC NATURE.

[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

the Under

Appendix
No. 6.

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
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

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 :

Number :

« 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-
ter requiring the Cognizance of any such Justice shall arise, and
who shall not be interested in the Matter ; (a.) 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, the same shall
mean a Justice acting for the County, City, Borough, Liberty,
Cinque Port, or Place where any Part of such Lands shall be situ-
ate, 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 "Two Justices :"

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
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 Cor-
poration 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 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
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. (6.)

(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,

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