levy such penalty or forfeiture, and costs, he or they may, if he or they think
fit, refrain from issuing such warrant; and in such case, or if such warrant
shall have been issued, and upon the return thereof such insufficiency as
aforesaid shall be made to appear to the sheriff or justices, then such sheriff
or justices shall, by warrant, cause such offender to be committed to gaol,
there to remain without bail for any term not exceeding three months, unless
such penalty or forfeiture, and costs, be sooner paid and satisfied.
CLII. Distress, etc., how to be levied.1

1 Repealed by 55 & 56 Vict.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

CLIII. Distress, etc., not unlawful for want of form.1

1 Repealed by 55 & 56 Vict.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

CLIV. 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 of the parish in which the offence shall have been committed, for the benefit of the poor of such parish.

CLV. Penalties to be sued for within six months.1

1 Repealed by 55 & 56 Vict.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

CLVI. Damage to be made good in addition to penalty.-If, through any act, neglect, or default on account whereof any person shall have incurred any penalty imposed by this or the special Act, or any Act incorporated therewith, any damage to the property of the company shall have been committed by such person, he shall be liable to make good such damage, as well as to pay such penalty; and the amount of such damages shall, in case of dispute, be determined by the sheriff or justices by whom the party incurring such penalty shall have been convicted; and on non-payment of such damages, on demand, the same shall be levied by poinding and sale, and such sheriff or justices shall issue his or their warrant accordingly. CLVII. Penalty on witnesses making default.1

1 Repealed by 55 & 56 Vict.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

CLVIII. Transient offenders.—It shall be lawful for any officer or agent of the company, and all persons called by him to his assistance, to seize and detain any person who shall be found committing any offence against the provisions of this or the special Act, or any Act incorporated therewith, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before the sheriff or a justice, without any warrant or other authority than this or the special Act;1 and such sheriff or justice shall proceed, with all convenient despatch, in the matter of the complaint against such offender.

1 See also similar provisions as to arresting railway servants guilty of misconduct in 5 & 6 Vict. c. 55, sec. 17.

CLIX. Proceedings by sheriff need not be in writing.1

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

CLX. Form of conviction.1

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

CLXI. Proceedings not to be quashed for want of form.-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 & 56 Vict. c. 19.

1845.

[150]

[151]

[152]

[153]

[154]

[155]

[156]

[CLVII.]

[158]

8 VICT. Cap. 17.

[159]

[CLX.]

CLXII. POWER OF APPEAL.-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 sheriffsubstitute, 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 sheriffsubstitute, and whole process, and, if he think proper, hear the parties vivá voce thereon, and pronounce judgment; and such judgment shall in no case be subject to review by suspension, or to reduction, on any ground whatever. 1 Words "or advocation" omitted by 55 & 56 Vict. c. 19.

CLXIII. Parties allowed to appeal from justices to quarter sessions on giving security.1 1 Repealed by 55 & 56 Vict. c. 19.

CLXIV. Court to make such order as they think reasonable.1

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

[CLXI.]

[CLXII.]

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:

CLXV. 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 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, and in the office of the town clerk of every burgh or city into which, or within one mile of which, the works shall extend, a copy of such special Act, so printed as aforesaid; and the said clerks of the peace and town 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.

CLXVI. Penalty on company failing to keep or deposit such copies.-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 [163 and 164] offence, and also five pounds for every day afterwards during which such copy shall be not so kept or deposited.

[CLXV.]

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

numbered

of

of

in consideration of the sum of
do hereby transfer to the said
in the undertaking called "The

paid to me by share [or shares],

Company " [or

pounds consolidated stock in the undertaking called “The
Company," stand-
ing (or part of the stock standing) in my name in the books of the company], to hold unto
the said
his executors, administrators, and assigns [or successors and assigns],
subject to the several conditions on which I held the same at the time of the execution
hereof; and I the said
do hereby agree to take the said share [or shares] [or
stock], subject to the same conditions. [Here insert testing clause according to the form of
the law of Scotland, if executed in Scotland, and if executed in England, the form of
attestation usual in England.]

Mortgage, Number

"The

pounds paid to us by A. B., of

Company," in consideration of
do assign unto the said

By virtue [here name the special Act], we,
the sum of
A. B., his executors, administrators, and assignees, the said undertaking [and (in case such
loan shall be in anticipation of the capital authorised to be raised) all future calls on share-
holders], and all the tolls and sums of money arising by virtue of the said Act, and all the
estate, right, title, and interest of the company in the same, to hold unto the said A. B.,
his executors, administrators, and assigns, until the said sum of
pounds, together
with interest for the same at the rate of
for every one hundred pounds by the
year, be satisfied [the principal sum to be repaid at the end of
date hereof (in case any period be agreed upon for that purpose), at
place of payment other than the principal office of the company]. In witness whereof, etc.
[Here insert the testing clause of deeds executed in Scotland.]

at

years from the
or any

Company."

£
"The

Company," in consideration
do bind our-

pounds to us in hand paid by A. B., of

By virtue of [here name the special Act], we,
of the sum of
selves and our successors unto the said A. B., his executors, administrators, and assigns, in the
sum of
pounds, to be repaid to the said A. B., his executors, administrators, or assigns,
(in case any other place of payment than the principal office of the company
which will be in the year one thousand
with a fifth part more of liquidate penalty in case of failure,
pounds per centum per annum,
payable half-yearly on the
day of
witness whereof, etc. [Here insert the testing clause of deeds executed in Scotland.]

of

day of

and

In

I, A. B.,
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
Com-
pany," to
day of
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.] [Here insert Scotch testing clause, if executed in Scotland, and if
executed in England, the form of attestation usual in England.]

F

1845.

8 VICT. Cap. 17.

A. B.

SCHEDULE F.-Form of Proxy.

one of the proprietors of "The

Company," doth hereby appoint C. D., of to be the proxy of the said A. B., in his absence to vote in his name upon any matter relating to the undertaking proposed at the meeting of the proprietors of the said company to be held on the

day of next, in such manner as he the said C. D. doth think proper. In witness whereof the said A. B. hath hereunto set his hand [or, if a corporation, say the common seal of the corporation], the one thousand eight hundred and

day of

THE LANDS CLAUSES CONSOLIDATION (SCOTLAND) ACT, 1845.—

8 VICT. CAP. 19.

AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS USUALLY INSERTED
IN ACTS AUTHORISING THE TAKING OF LANDS FOR UNDERTAKINGS OF A
PUBLIC NATURE IN SCOTLAND.-[8th May 1845.]

Preamble.1

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

I. This Act to apply to all undertakings authorised by Acts hereafter passed. .1 This Act shall apply to every undertaking in Scotland authorised by any Act of Parliament which shall hereafter be passed, and which shall authorise the taking of lands for such undertaking, and this Act shall be incorporated with such Act; and all the 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.

[II.]

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::

II. INTERPRETATIONS IN THIS ACT.-" Special Act," Prescribed," " The works,” "Promoters of the undertaking."—The expression the "special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed, and which shall authorise 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 works" or "the undertaking "1 shall mean the works or undertaking, of whatever nature, which shall by the special Act be authorised to be executed; and the expression the "promoters of the undertaking" shall mean the parties, whether company, undertakers, commissioners, trustees, corporations, or private persons, by the special Act empowered to execute such works or undertaking.

1 See note to sec. 2, 8 & 9 Vict. c. 17.

III. Interpretations in this and the special Act.-. . . 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,)

1 Words "And be it enacted that" omitted by 55 & 56 Vict. c. 19.

Number.-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 houses, lands, tenements, and heritages of any description or tenure :

"Lease."-The word "lease" shall include a missive of lease: "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: "Justices"-"Two justices."-The word "justices" shall mean justices of the peace acting for the county, city, liberty, 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, liberty, or place, the same shall mean a justice acting for the county, city, liberty, 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, or any Act incorporated therewith, 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, or trustees, or others, who, under the provisions of this or the special Act, would he enabled to sell and convey lands to the promoters of the undertaking:

1845.

[3]