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Penalties.

Recovery of Justice shall have Jurisdiction under the Provisions of this or the Damages and special Act, at a Time and Place mentioned in such Summons, and to administer 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 Expences, 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.

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Offenders.

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CLIV. 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 have committed any Offence against the Provisions of this or the special Act, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him, with all convenient Despatch, before some Justice, without any Warrant or other Authority than this or the special Act; and such Justice shall proceed with all convenient Despatch to the hearing and determining of the Complaint against such Offender. 1

CLV. The Justices before whom any Person shall be conConviction. victed 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 to this Act annexed.

Proceedings not to be quashed for Want of Form, &c.

Parties allowed to appeal to

Quarter Ses

Lasions on giv,

ing Security.

CLVI. No Proceeding in pursuance of this or the special Act, or any Act incorporated therewith, shall be quashed or vacated for Want of Form, nor shall the same be removed by Certiorari or otherwise into any of the Superior Courts.

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CLVII. If any Party shall feel aggrieved by any Determination or Adjudication of any Justice 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. Hode er of the C

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) to roo Court to CLVIII. At the Quarter Sessions for which such Notice shall be make such given the Court shall proceed to hear and determine the Appeal in Order as they think a summary Way, or they may, if they think fit, adjourn it to the reasonable, 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

such Order concerning the Costs, both of the Adjudication and of the Recovery of Appeal, as they may think reasonable. Damages and Penalties.

litan Police

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CLIX. Provided always, and be it enacted, That notwithstanding any Receiver of thing herein or in the special Act, or any Act incorporated therewith, Metropocontained, every Penalty or Forfeiture imposed by this or the special Act, District to or any Act incorporated therewith, or by any Bye Law in pursuance receive thereof, in respect of any Offence which shall take place within the Penalties Metropolitan Police District, shall be recovered, enforced, accounted incurred for, and, except where the Application thereof is otherwise specially District. 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 an Act passed in the Third Year of the Reign of Her present Majesty, intituled An Act for regulating the Police Courts in the 2 & 3 Vict. !..Metropolis; and every Order or Conviction of any of the Police Magis. c.71. trates 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 Expences 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.

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CLX. And be it enacted, That every Person who, upon any Persons Examination upon Oath, under the Provisions of this or the special giving false Evidence Act, or any Act incorporated therewith, shall wilfully and corruptly liable to give false Evidence, shall be liable to the Penalties of wilful and Penalties of corrupt Perjury. Perjury,

with the pof the Accountant General of the

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1971

CLXI. And be it declared and enacted, That all Sums of Money Money paid into the which have been or shall be paid into the Bank of Ireland in the Bank of Ire Name and Court land to be of Chancery of Ireland, under the Provisions of an Act passed in the exempt from Second Year of the Reign of Her present Majesty, intituled An Act to Ushers Poundage. provide for the Custody of certain Monies paid in pursuance of the 1 & 2 Vict. Standing Orders of either House of Parliament by Subscribers to Works c.117. or Undertakings to be effected under the Authority of Parliament, shall and may be paid out and applied under any Order of the said Court of Chancery exempt from Ushers Poundage.

Access to

special Act,

Copies of special Act

15. 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: CLXII. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their to be kept principal Office of Business a Copy of the special Act, printed by the and depositPrinters to Her Majesty, or some of them; shall also within the owed to be Space inspected.

ed, and al

Access to special Act.

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 and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to 1 Vict. c. 83. 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.

7 W. 4. &

Penalty on Company failing to keep or deposit such Copies.

Act not to extend to

Scotland.

Act may be

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CLXIII. 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 Copy shall be not so kept or deposited.

CLXIV. And be it enacted, That this Act shall not extend to Scotland.

CLXV. And be it enacted, That this Act may be amended or this Session. repealed by any Act to be passed in the present Session of Par

amended

liament.

SCHEDULE referred to by the forgeoing Act.

to wit.

Be it remembered, That on the

in the Year of our Lord

Day of

A.B. is convicted before

us, C., D., 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 our Hands and Seals the

Day and Year first above written.

C.

D.

LONDON: Printed by GEORGE E. EYRE and ANDREW SPOTTISWOODE,
Printers to the Queen's most Excellent Majesty. 1845.

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An Act for consolidating in One Act certain Pro-
visions usually inserted in Acts authorizing the
taking of Lands for Undertakings of a public
Nature.
[8th May 1845.]

W

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 of the same, That this Act shall Act to apply apply to every Undertaking authorized by any Act which shall to all Undertakings hereafter be passed, and which shall authorize the Purchase or taking authorized of Lands for such Undertaking, and this Act shall be incorporated by Acts with such Act; and all the Clauses and Provisions of this Act, hereafter to save so far as they shall be expressly varied or excepted by any such be passed. Act, shall apply to the Undertaking authorized thereby, so far as the

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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.

InterpretaAnd with respect to the Construction of this Act and of Acts to tions in this be incorporated therewith, be it enacted as follows:

Act:
"special
Act:"

"prescribed:"

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" or "the Undertaking" shall mean the Works or UnderWorks:" taking, of whatever Nature, which shall by the special Act be autho"Promoters rized to be executed; and the Expression "the Promoters of the of the Under Undertaking" shall mean the Parties, whether Company, Undertaking." takers, Commissioners, Trustees, Corporations, or private Persons, by the special Act empowered to execute such Works or Undertaking.

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"the Clerk of the Peace:"

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 Goader only shall include Females:
The Word "Lands" shall extend to Messuages, Lands, Tene-
ments, and Hereditaments of any Tenure:

The Word "Lease" shall include an Agreement for a Lease:
The Word "Month" shall mean Calendar Month:

The Expression Superior Courts" shall mean Her Majesty's Superior Courts of Record at Westminster or Dublin, as the 1-100 Case may require:

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:

ו'.

The Word "Sheriff" shall include Under Sheriff, or other legally competent Deputy; and where any Matter in relation to any Lands is required to be done by any Sheriff, or by any Clerk of the Peace, the Expression "the Sheriff," or the Expression "the Clerk of the Peace," shall in such Case be construed to mean the Sheriff or the Clerk of the Peace of the County, City,

Borough,

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