1

CXXXI. Penalties to be levied by poinding and sale.-If forthwith 1 the amount of the penalty or forfeiture and 1 expenses 1 be not paid, the amount of such penalty and expenses may be levied by poinding and sale.1

1 Words omitted by 55 & 56 Vict. c. 19.

CXXXII. Poinding, etc., against the treasurer.—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 poinding and sale of the goods of the treasurer of the said promoters, and the sheriff, on application, shall issue his warrant accordingly; but no such poinding and sale shall be executed 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 poinding and sale as aforesaid, he may retain the amount so paid by him, and all expenses occasioned thereby, out of any money belonging to the promoters of the undertaking coming into his. custody or control, or he may sue the promoters of the undertaking for the

same.

CXXXIII. Poinding, etc., how to be levied.1

1 Repealed by 55 & 56 Vict. c. 19.

CXXXIV. Poinding not unlawful for want of form.1

1 Repealed by 55 & 56 Vict. c. 19.

CXXXV. Application of penalties.-The sheriff or justices by whom any such penalty or forfeiture shall be imposed, where the application thereof is not otherwise provided for, may award not more than one-half thereof to the informer, and shall award the remainder to the kirk session, or treasurer or collector of the funds for the poor, of the parish in which the offence shall have been committed, for the benefit of the poor of such parish. CXXXVI. Penalties to be sued for within six months.1

1 Repealed by 55 and 56 Vict. c. 19.

CXXXVII. Form of conviction.1

1 Repealed by 55 and 56 Vict. c. 19.

CXXXVIII. Proceedings not to be quashed for want of form, etc.-No proceeding in pursuance of this or the special Act, or any Act incorporated therewith, shall be1 removed by suspension or otherwise into any superior court.

1 Subsequent words omitted by 55 and 56 Vict. c. 19.

CXXXIX. Power of appeal from sheriff substitute to sheriff.-In all cases which may come before any sheriff substitute under this or the special Act, or any Act incorporated therewith, in which written pleadings shall have been allowed, and a written record shall have been made up, and where the evidence which has been led by the parties shall have been reduced to writing, but in no other case whatever, it shall be competent for any of the parties thereto, within seven days after a final judgment shall have been pronounced by such sheriff substitute, to appeal against the same to the sheriff of the county, by lodging a minute of appeal with the sheriff clerk of such county or his depute; and the said sheriff shall thereupon review the proceedings of the said sheriff substitute, and whole process, and, if he think proper, hear the parties vivâ voce thereon, and pronounce judgment; and such judgment shall in no case be subject to review by suspension 1 or by reduction on any ground whatever.

1 Words" or advocation" omitted by 55 & 56 Vict. c. 19. See Glasgow Subway Co. v. Provan (1893), 1 S. L.T. 60,

1845. [137]

[140]

[138]

[141]

[139]

[142]

[143]

[144]

[145]

8 VICT. Cap. 19. [146]

[147]

[148] [149]

104

CXL. Parties allowed to appeal from justices to quarter sessions on giving security.1

1 Repealed by 55 & 56 Vict. c. 19.

[150]

[151]

[152]

[153]

ACCESS TO SPECIAL ACT.

And with respect to the provision to be made for affording access to the special Act by all parties interested, be it enacted as follows:

CXLII. Copies of special Act to be kept and deposited and allowed to be inspected. The company shall at all times, after the expiration of six months. after the passing of the special Act, keep in their principal 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 county, shall also within the space of such six months deposit in the office of each of the sheriff clerks of the several counties into which the works shall extend, a copy of such special Act, so printed as aforesaid; and the said sheriff clerks 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 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."

CXLIII. Penalty on company failing to keep and deposit Act.-If the company shall fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the special Act, they shall forfeit twenty pounds for every such offence, and also five pounds for every day afterwards during which such shall be not so kept or deposited.

CXLIV. ACT MAY BE AMENDED.-Repealed by Stat. Law Rev. Act (1875), copy 38 & 39 Vict. c. 66.

I

of

SCHEDULES REFERRED TO IN THE FOREGOING ACT.

SCHEDULE A.-Form of Conveyance.

in consideration of the sum of
bank (or to A. B. of

paid to me [or, as and C. D. of

the case may be, into the
two trustees appointed to receive the same)], pursuant to an Act passed, etc.,
intituled, etc., by the [here name the company], incorporated by the said Act, do hereby
sell, alienate, dispone, convey, assign, and make over from me, my heirs and successors, to
the said company, their successors and assignees, for ever, according to the true intent and
meaning of the said Act, all [describing the premises to be conveyed], together with all
rights and pertinents thereto belonging, and all such right, title, and interest in and to the
same as I and my foresaids are or shall become possessed of, or are by the said Act
empowered to convey. [Here insert the conditions (if any) of the conveyance and registra-
tion clause for preservation and diligence, and a testing clause, according to the form of the
law of Scotland.]

I

SCHEDULE B.-Form of Conveyance in consideration of Feu-duty or Rent-charge.

of

heirs and assigns, as hereinafter mentioned, by the [here name the company], established
in consideration of the feu-duty or rent to be paid to me, my

and incorporated by virtue of an Act passed, etc., intituled, etc., do hereby dispone, convey,
and make over from me, my heirs and successors, to the said company, their successors and
assignees, for ever, according to the true intent and meaning of the said Act, all [describing
the premises to be conveyed], together with all rights and pertinents thereunto belonging,
and all my right, title, and interest in and to the same and every part thereof, they the
said company, their successors and assignees, yielding and paying unto me, my heirs and
assignees, one clear annual feu-duty or rent of
by equal half-yearly portions
henceforth on the [stating the days. Here insert conditions of the conveyance (if any), and
insert a registration clause for preservation and diligence, and a testing clause, according to
the form of the law of Scotland.]

SCHEDULE C.-Form of Conviction (sec. 137, supra, p. 103).1

1 Repealed by 55 & 56 Vict. c. 19.

THE RAILWAYS CLAUSES CONSOLIDATION (SCOTLAND) ACT, 1845.-8 & 9 VICT. CAP. 33.

AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS USUALLY INSERTED IN ACTS AUTHORISING THE MAKING OF RAILWAYS IN SCOTLAND. -[21st July 1845.]

Preamble.1

1 Omitted by 54 & 55 Vict. c. 67.

I. Operation of the Act confined to future railways... . The provisions of this Act shall apply to every railway in Scotland, which shall by any Act which shall hereafter be passed be authorised to be constructed, 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 authorised 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 be construed together therewith, as forming one Act.

1 Preceding words omitted by 54 & 55 Vict. c. 67.

INTERPRETATIONS IN THIS ACT.

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

as

any

II. Interpretations in this Act-" Special Act," "Prescribed," "The lands," "The undertaking."-The expression the "special Act," used in this Act, shall be construed to mean any Act which shall be hereafter passed authorising the construction of a railway, and with which this Act shall be so incorporated aforesaid; and the word "prescribed," used in this Act in reference to 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"

[II.]

8 & 9 VICT. Cap. 33.

[3]

had been used; and the expression "the lands" shall mean the lands which
shall by the special Act be authorised to be taken or used for the purposes
thereof; and the expression "the undertaking" shall mean the railway and
works, of whatever description, by the special Act authorised to be executed.
1 See note to 8 & 9 Vict. c. 17, sec. 2.

III. Interpretations in this and the special Act.-The following words and expressions, both in this and the special Act, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say),

Number.-Words importing the singular number only shall include the plural number, and words importing the plural number only shall include also the singular number:

Gender.-Words importing the masculine gender only shall include females: "Lands."-The word "lands" shall include lands, houses, tenements, and heritages of any tenure:

"Lease."-The word "lease" shall include a missive or an agreement for a lease:

"Toll."-The word "toll" shall include any rate or charge or other payment payable under the special Act, for any passenger, animal, carriage, goods, merchandise, articles, matters, or things conveyed on the rail

way:

"Month."-The word "month" shall mean calendar month.

"Lord Ordinary.”—The "Lord Ordinary" shall mean the Lord Ordinary of the Court of Session in Scotland officiating on the Bills in time of vacation, or the Junior Lord Ordinary if in time of session, as the case may

be:

"Oath."-The word "oath" shall include affirmation in the case of Quakers, or other declaration or solemnity 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 ward or other like division of a county:

66

Sheriff."-The word "sheriff" shall include the sheriff substitute: "Justice"-"Two justices."-The word "justice" shall mean justice of the peace acting for the county, city, or place where the matter requiring the cognisance of any such justice shall arise, and who shall not be interested in the matter; 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, or place, shall mean a justice acting for the county, city, 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 authorised or required to be done by two justices, the expression "two justices" shall be understood to mean two or more justices assembled and acting together:

"Owner."-Where under the provisions of this or the special Act any notice shall be required to be given to the owner of any lands, or where any act shall be authorised 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, or any Act incorporated therewith, would be enabled to sell and convey lands to the company:

"The bank.”—The expression "the bank" shall mean any one of the incorporated or chartered banks in Scotland:

"The company.”—The expression "the company" shall mean the company or party which shall be authorised by the special Act to construct the railway:

"The railway."-The expression "the railway" shall mean the railway and works by the special Act authorised to be constructed.1

1 Definition of Board of Trade omitted by 54 & 55 Vict. c. 67. As to tolls, see secs. 79-100; and Law of Rlys. pp. 541-546. Also Harrison and Camm v. M.R. (1892), 62 L.J. Q.B. 225. As to "railway and works," Cother v. M. R. (1847), 2 Ph. 469, 5 R.C. 187. See also sec. 16; and Sadd v. Maldon, Witham, and Braintree R. C. (1851), 6 R.C. 779.

IV. Short title of the Act.-. . .1 In citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression "The Railways Clauses Consolidation (Scotland) Act, 1845."

1 Preceding words omitted by 54 & 55 Vict. c. 67.

V. Form in which portions of this Act may be incorporated in other Acts.And whereas it may be convenient, in some cases, to incorporate with Acts hereafter to be passed some portion only of the provisions of this Act; be it therefore enacted, that, for the purpose of making any such incorporation, it shall be sufficient in any such Act to enact that the clauses of this Act with respect to the matter so proposed to be incorporated (describing such matter as it is described in this Act, in the words introductory to the enactment with respect to such matter), shall be incorporated with such Act, and thereupon all the clauses and provisions of this Act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate.1

1 See Law of Rlys. pp. 144, 145.

CONSTRUCTION OF RAILWAY.

And with respect to the construction of the railway and the works connected therewith, be it enacted as follows:

VI. The construction of the railway to be subject to the provisions of this Act and of the Lands Clauses Consolidation (Scotland) Act.-In exercising the power given to the company by the special Act to construct the railway, and to take lands for that purpose, the company shall be subject to the provisions and restrictions contained in this Act and in the said Lands Clauses Consolition (Scotland) Act; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers by this or the special Act, or any Act incorporated therewith, vested in the company; and, except where otherwise provided by this or the special Act, the amount of such compensation shall be ascertained and determined in the manner provided by the said Lands Clauses Consolidation Act for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the said last-mentioned Act shall be applicable to determine the amount of any such compensation, and to enforcing the payment or other satisfaction thereof.1

1 See Brand v. Hammersmith R.C. (1869), 4 L.R. E. & I. App. 171; and Walker's Trs. v. Cal. R.C. (1882), 19 R.H.L. 19; and note to sec. 9 of Lands Clauses Act, supra; and in detail, Law of Rlys. Part IV. chap. ii., and cases there cited.

1845.

[4]

[V.]

[VI.]