Pounds. and our Successors unto the said A.B., his Executors, Administrators, and Assigns, in the penal Sum of 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 hundred and which will be in the Year One thousand eight Pounds, together with Interest for the same at the Rate of Pounds per Centum per Annum, payable half-yearly on the then the above-written Obligation is to become void, otherwise to remain in full Force. Given under our Common Scal, One thousand eight hundred this and Day of do hereby transfer to the said G.H., his Executors, Administrators, and Assigns, a certain Bond [or Mortgage] Number made by "The bearing Date the Sum of Company" to for securing the Interest [or if such Transfer be by Endorsement, the within Security], and all my Right, One thousand eight hundred and Appendix 8 Vic. c. 16. before us, C.D., Two of Her Majesty's Justices of the Peace for the County of [here describe the Offence generally, 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 Wash-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, Appendix, 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 Cheltenham 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 enacts that "the Provisions of the Lands Clauses Consolidation Act, 1815, 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 The Necessity for setting forth in this Appendix the whole of "The Appendix 8 Vic. c. 18. ANNO OCTAVO VICTORIÆ REGINÆ. CAP. XVIII. AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS [8th May 1845.] HEREAS 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 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 Act to apply to all Undertakings of the same, That this Act shall apply to every Undertaking autho- authorised by 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 Acts hereafter to Appendix 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 in this Act: "Special Act:" Prescribed:" And with respect to the Construction of this Act and of Acts to be incorporated therewith, be it enacted as follows: 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; 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" the Undertaking." Interpretations in this and the special Act: Number : Gender: "Lands:" "Lease :" "Month:" "Superior Courts:" "Oath :" "County :" 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. 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,) Words importing the Singular Number only shall include the Plural Number, and Words importing the Plural Number only shall include the Singular Number: Words importing the Masculine Gender only shall include Females: The Word "Lease" shall include an Agreement for a Lease: The Expression" Superior Courts" shall mean Her Majesty's Supe- 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 : 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: Appendix The Word "Sheriff" shall include Under Sheriff, or other legally 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 Matter 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 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 "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 Corporation 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. (b.) (a.) 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. (b.) 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. |