Expences as aforesaid, be not paid, the Amount of such Penalty and Expences may be levied by Poinding and Sale, and such Sheriff or Justices shall issue his or their Warrant of Poinding and Sale accordingly.

Recovery of
Penalties.

Treasurer.

CXXXII. If any such Sum shall be payable by the Pro- Poinding, &c. moters of the Undertaking, and if sufficient Goods of the said against the 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 Expences 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. Where in this or the special Act, or any Act Poinding, &c. incorporated therewith, any Sum of Money, whether in the how to be levied. Nature of Penalty, Expences, or otherwise, is directed to be levied by Poinding and Sale, such Sum of Money shall be levied by Poinding and Sale of the Goods and Effects of the Party liable to pay the same, and the Overplus arising from the Sale of such Goods and Effects, after satisfying such Sum of Money, and the Expences of the Poinding and Sale, shall be returned, on demand, to the Party whose Goods shall have been seized.

CXXXIV. No Poinding and Sale made 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 or Wrongdoer, on account of any Defect or Want of Form in the Summons, Conviction, Warrant, or other Proceeding relating thereto, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action before the Sheriff Court.

Poinding not unlawful for

Want of Form.

Penalties.

CXXXV. The Sheriff or Justices by whom any such Penalty Application of 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.

Six Months.

CXXXVI. No Person shall be liable to the Payment of any Penalties to be Penalty or Forfeiture imposed by virtue of this or the special sued for within Act, or any Act incorporated therewith, for any Offence made cognizable before the Sheriff or Justices, unless the Complaint respecting such Offence shall have been made before such Sheriff or some Justice within Six Months next after the Commission of such Offence.

CXXXVII. The

Form of Conviction.

Proceedings

ed for Want of

CXXXVII. The Sheriff or Justice or Justices before whom any Person shall be convicted of any Offence against this or the special Act, or any Act incorporated therewith, may cause the Conviction to be drawn up according to the Form in the Schedule (C.) to this Act annexed.

CXXXVIII. No Proceeding in pursuance of this or the not to be quash- special Act, or any Act incorporated therewith, shall be quashed or vacated for Want of Form, nor shall the same be removed by Suspension or otherwise into any Superior Court.

Form, &c.

Power of Appeal from Sheriff Substitute to Sheriff.

Parties allowed

to appeal from

Justices to
Quarter Ses-

sions, on giving

Security.

Court to make such Order as they think reasonable.

CXXXIX. 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 viva voce thereon, and pronounce Judgment; and such Judgment shall in no Case be subject to Review by Suspension or Advocation, or by Reduction, on any Ground whatever.

CXL. If any Party shall feel aggrieved by any Determination or Adjudication of any Justice or Two or more Justices, with respect to any Penalty or Forfeiture under the Provisions of this or the special Act, or any Act incorporated 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.

CXLI. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a 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 Expences, both of the Adjudication and of the Appeal, as they may think reasonable.

Access to

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:

special Act.

deposited, and

CXLII. The Company shall at all Times, after the Expira- Copies of tion of Six Months after the passing of the special Act, keep special Act to in their principal Office of Business a Copy of the special Act, be kept and printed by the Printers to Her Majesty, or some of them; and allowed to be where the Undertaking shall be a Railway, Canal, or other like inspected. 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 7 W. 4. & Act to compel Clerks of the Peace for Counties and other Persons 1 Vict. e. 83. 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. If the Company shall fail to keep or deposit, as herein-before 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 Copy shall be not so kept or deposited.

Penalty on Company faildeposit Act. ing to keep and

CXLIV. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in the present Session of amended, &c. Parliament.

of

of

Two Trustees appointed to receive the same)], pursuant to an Act passed, &c., intituled, &c., 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 con

veyed],

veyed], 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 a Registration 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

of

Rent-charge.

in consideration of the Feu Duty or Rent to be paid to me, my Heirs and Assigns, as herein-after mentioned, by the [here name the Company], estab lished and incorporated by virtue of an Act passed, &c., intituled, &c., 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, i 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.

me C., the Sheriff [or before us, D., E., 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 Act]. Given under my Hand [or under our Hands], the Day and Year first above written.

C.

D.

E.

CA P. XX.

An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways. [8th May 1845.] WHEREAS it is expedient to comprise in One general Act sundry Provisions usually introduced into Acts of Parliament authorizing the Construction of Railways, 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: And whereas a Bill is now pending in Parliament, intituled An Act for consolidating in One 'Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature, and which is intended to be called "The Lands Clauses Consolidation Act, 1845:" 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 of the same, That this Act shall apply to every Railway which Operation of shall by any Act which shall hereafter be passed be autho- this Act conrized to be constructed, and this Act shall be incorporated Railways. 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 which shall be incorporated with such Act, form Part of such Act, and be construed together therewith as forming One Act.

fined to future

And with respect to the Construction of this Act and of Interpretations other Acts to be incorporated therewith, be it enacted as in this Act:

follows:

II. The Expression "the special Act," used in this Act, "special Act:" shall be construed to mean any Act which shall be hereafter passed authorizing the Construction of a Railway, and with which this Act shall be so incorporated as aforesaid; and the Word "prescribed," used in this Act in reference to any "prescribed:" 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 Lands" shall mean "the Lands:" the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression

"the Undertaking" shall mean the Railway and Works, of "the Underwhatever Description, by the special Act authorized to be taking."

executed.

[No. 21. Price 2d.]

X

III. The