Appendix No 6. pressed to be conveyed, may in all Actions brought by them assign 8 Vic. c. 18. Breaches of Covenants, as they might do if such Covenants were expressly inserted in such Conveyances. Land Tax and CXXXIII. And be it enacted, That if the Promoters of the Underbe made good. taking become possessed by virtue of this or the special Act, or any Act incorporated therewith, of any Lands charged with the Land Tax, or liable to be assessed to the Poor's Rate, they shall from Time to Time, until the Works shall be completed and assessed to such Land Tax or Poor's Rate, be liable to make good the Deficiency in the several Assessments for Land Tax and Poor's Rate by reason of such Lands having been taken or used for the Purposes of the Works, and such Deficiency shall be computed according to the Rental at which such Lands, with any Building thereon, were valued or rated at the Time of the passing of the special Act; and on Demand of such Deficiency the Promoters of the Undertaking, or their Treasurer, shall pay all such Deficiencies to the Collector of the said Assessments respectively; nevertheless, if at any Time the Promoters of the Undertaking think fit to redeem such Land Tax, they may do so in accordance with the Powers in that Behalf given by the Acts for the Redemption of the Land Tax. Service of No tices upon Company. Tender of CXXXIV. And be it enacted, That any Summons or Notice, or any Writ or other Proceeding at Law or in Equity, requiring to be served upon the Promoters of the Undertaking, may be served by the same being left at or transmitted through the Post directed to the principal Office of the Promoters of the Undertaking, or One of the principal Offices where there shall be more than One, or being given or transmitted through the Post directed to the Secretary, or in case there be no Secretary the Solicitor of the said Promoters. CXXXV. And be it enacted, That if any Party shall have committed any Irregularity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or any Act incorporated therewith, or by virtue of any Power or Authority thereby given, and if, before Action brought in respect thereof, such Party make Tender of sufficient Amends to the Party injured, such last-mentioned Party shall not recover in any such Action; and if no such Tender shall have been made it shall be lawful for the Defendant, by Leave of the Court where such Action shall be pending, at any Time before Issue joined, to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court. Recovery of And with respect to the Recovery of Forfeitures, Penalties, and Penalties. (a.) Costs, be it enacted as follows: (a.) The clauses with respect to the recovery of Penalties are not made part of the Cheltenham Improvement Act, but are not excepted from the general incorporating sections of the Baths and Appendix summarily reco Justices. CXXXVI. Every Penalty or Forfeiture imposed by this or the special Act, or by any Byelaw made in pursuance thereof, the Recovery 8 Vic. c. 18. of which is not otherwise provided for, may be recovered by summary Penalties to be Proceedings before Two Justices; and on Complaint being made to vered before Two any Justice he shall issue a Summons requiring the Party complained against to appear before Two Justices at a Time and Place to be named in such Summons; and every such Summons shall be served on the Party offending either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence, after Proof of the due Service of such Summons, it shall be lawful for any Two Justices to proceed to the hearing of the Complaint, and that although no Information in Writing or in Print shall have been exhibited before them; and upon Proof of the offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Costs attending the Conviction as such Justices shall think fit. levied by CXXXVII. If, forthwith upon any such Adjudication as aforesaid, Penalties to be the Amount of the Penalty or Forfeiture, and of such Costs as afore- Distress. said, be not paid, the Amount of such Penalty and Costs shall be levied by Distress, and such Justices or either of them shall issue their or his Warrant of Distress accordingly. be levied. CXXXVIII. Where in this or the special Act, or any Act incor- Distress how to porated therewith, any Sum of Money, whether in the Nature of Penalty, Costs, or otherwise, is directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money, and the Expenses of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained. Penalties. CXXXIX. The Justices by whom any such Penalty or Forfeiture Application of shall be imposed may, where the Application thereof is not otherwise provided for, award not more than One Half thereof to the Informer, and shall 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 Wash-houses Amendment Act, see section 4, page 214, Appendix, and the Labouring Classes Lodging Houses Act, see ante, Appendix, page 231, section 34, but it will be observed by section 23 of the Baths and wash-houses Act, ante, page 205, Appendix, and by section 33 of the Labouring Classes Lodging Houses Act, ante, page 230, Appendix, the provisions for the recovery of penalties in the Companies' Clauses Consolidation Act are incorporated with both those Acts. Appendix No. 6. 8 Vic. c. 18. Distress against the Treasurer. Distress not unlawful for Want of Form. Penalties to be sued for within Six Months. Penalty on Witnesses making default. Justices shall direct such Remainder to be applied in aid of the Poor's CXL. If any such Sum shall be payable by the Promoters of the Undertaking, and if sufficient Goods of the said Promoters cannot be found whereon to levy the same, it may, if the Amount thereof do not exceed Twenty Pounds, be recovered by Distress of the Goods of the Treasurer of the said Promoters, and the Justices aforesaid, or either of them, on Application, shall issue their or his Warrant accordingly; but no such Distress shall issue against the Goods of such Treasurer unless Seven Days previous Notice in Writing, stating the Amount so due, and demanding Payment thereof, have been given to such Treasurer, or left at his Residence; and if such Treasurer pay any Money under such Distress as aforesaid he may retain the Amount so paid by him, and all Costs and Expenses occasion ed thereby, out of any Money belonging to the Promoters of the Undertaking coming into his Custody or Control, or he may sue them for the same. CXLI. No Distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case. CXLII. No Person shall be liable to the Payment of any Penalty or Forfeiture imposed by virtue of this or the special Act, or any Act 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. CXLIII. It shall be lawful for any Justice to summon any Person to appear before him as a Witness in any Matter in which such Justice shall have Jurisdiction under the Provisions of this or the special Act at a Time and Place mentioned in such Summons, and to adminster 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 Expenses, 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. Appendix CXLIV. The Justices before whom any Person shall be convicted of any Offence against this or the special Act, or any Act incorporated 8 Vic. c. 18. therewith, may cause the Conviction to be drawn up according to the Form of ConForm in the Schedule (C.) to this Act annexed. viction. to be quashed for CXLV. No Proceeding in pursuance of this or the special Act, or Proceedings not any Act incorporated therewith, shall be quashed or vacated for Want Want of Form. of Form, nor shall the same be removed by Certiorari or otherwise into any of the Superior Courts. to appeal to on giving Se CXLVI. If any Party shall feel aggrieved by any Determination or Parties allowed Adjudication of any Justice with respect to any Penalty or Forfeiture Quarter Sessions under the Provisions of this or the special Act, or any Act incorpo- curity. rated 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. a CXLVII. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in 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. Court to make such Order as they think rea sonable. Metropolitan receive Penalties incurred within his District. CXLVIII. Provided always, and be it enacted, That, notwithstand- Receiver of the ing anything herein or in the special Act, or any Act incorporated Police District to therewith, contained, every Penalty or Forfeiture imposed by this or the special Act or any Act incorporated therewith, or by any Byelaw 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 Metropolitan Police District, and shall be applied in the same Manner as Penalties or Forfeitures, other than Fines upon drunken Persons, or upon Constables for Misconduct, or for Assaults upon Police Constables, are directed to be recovered, enforced, accounted for, paid, and applied by Appendix No. 6. 8 Vic. c. 18. 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 2 & 3 Vict. c. 71. 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 Expenses, 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. Persons giving false Evidence CXLIX. And be it enacted, That any Person who upon any Exaliable to Penal- mination upon Oath under the Provisions of this or the special Act, ties of Penjury. or any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury. Access to Copies of special and deposited, inspected. And with respect to the Provisions to be made for affording Access special Act. to the special Act by all Parties interested, be it enacted as follows: CL. The Company shall, at all Times after the Expiration of Six Months after the passing of the special Act, keep in their principal and allowed to be 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 a Copy of such special Act so printed as aforesaid; and the said Clerks of the Peace 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 make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of certain Plans W. 4 and 1 Vict. 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 Parliament. (a.) c. 83. Penalty on Company failing to CLI. If the Company shall fail to keep or deposit, as herein-before keep or deposit. mentioned, any of the said Copies of the special Act, they shall for (a.) The time for Inspection is "all reasonable hours of the day;" the charges are 1s. for every inspection and ls. for every hour after the first, and 6d. for every 100 words copied. The Penalty is,not exceeding £5, recoverable with Costs before a Justice and payable to the Complainant. |