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.

[Ss. 152, 153 rep. 55 & 56 Vict. c. 19 (S.L.R.).]

154. 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.

[S. 155 rep. 55 & 56 Vict. c. 19 (S.L.R.).

156. 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 nonpayment 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.

[S. 157 rep. 55 & 56 Vict. c. 19 (S.L.R.).]

158. 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; and such sheriff or justice shall proceed with all convenient despatch in the matter of the complaint against such offender.

[Ss. 159, 160 rep. 55 & 56 Vict. c. 19 (S.L.R.).

161. PROCEEDINGS NOT TO BE REMOVED.-No proceeding in pursuance of this or the special Act, or any Act incorporated therewith, shall be removed by suspension or otherwise into any superior court.

S. 161 in part rep. 55 & 56 Vict. c. 19 (S. L.R.).

162. 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 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 , or to reduction, on any ground whatever.

S. 162 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

[Ss. 163, 164 rep. 55 & 56 Vict. c. 19 (S.L.R.).]

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:

165. COPIES OF SPECIAL ACT TO BE KEPT AND DEPOSITED, AND ALLOWED TO BE INSPECTED-7 WILL. 4 & 1 VICT. c. 83.-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 the Parliamentary Documents Deposit Act, 1837.

166. PENALTY ON COMPANY FAILING TO KEEP OR DEPOSIT SUCH COPIES.-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.

This is to certify, that A.B., of

is the proprietor of the share number Company," subject to the regulations of the

of "The
Given under the common seal of the said company, the

taking called “The

of

share [or shares], numbered
Company," [or

stock in the undertaking called "The

,

Sect. 14.

in consideration of the sum of

do hereby transfer to the

pounds consolidated Company," standing (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.]

do assign unto the said A.B., his executors, administrators, and assignees, the said undertaking, [and (in case such loan shall be in anticipation of the capital authorized to be raised) all future calls on shareholders,] 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 years from the date hereof (in case any period be agreed upon for that purpose), at or any place of payment other than the principal office of the company]. In witness whereof, &c. [Here insert the testing clause of deeds executed in Scotland.]

By virtue of [here name the special Act], we "The in consideration of the sum of

of

Company,"

pounds to us in hand paid by A.B. do bind ourselves and our successors unto the said A.B., his executors, administrators, and assigns, in the sum of

to be repaid to the said A.B., his executors, administrators, or assigns at

pounds

(in case any other place of payment than the principal office of the company be intended), on the one thousand eight hundred and

day of

which will be in the year

with a fifth part more of liquidate

penalty in case of failure, together with interest for the same at the rate of pounds per centum per annum, payable half-yearly on the

and

day of

day of

In

witness whereof, &c. [Here insert the testing clause of deeds executed in Scotland.]

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

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.]

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 next, in such manner as he the said C.D. doth think proper.

day of

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

[Sched. (G.) rep. 55 & 56 Vict. c. 19 (S.L.R.).]

CHAPTER XIX.

THE LANDS CLAUSES CONSOLIDATION (SCOTLAND) ACT, 1845. (Sect. 4.) AN ACT for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature in Scotland. [8th May 1845.]

[Preamble.]

1. THIS ACT TO APPLY TO ALL UNDERTAKINGS IN SCOTLAND AUTHORIZED BY ACTS TO BE HEREAFTER PASSED.-This Act shall apply to every undertaking in Scotland authorized by any Act of Parliament which shall hereafter be passed, and which shall authorize 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 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.

INTERPRETATION.

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

2. "SPECIAL ACT:""PRESCRIBED: "THE WORKS: 37 66 "PROMOTERS OF THE UNDER"TAKING." The expression "the special Act used in this Act shall be construed to mean any Act which shall be hereafter passed, and 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 works" or 'the undertaking" shall mean the works or undertaking, of whatever nature, which shall by the special Act be authorized 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.

3. INTERPRETATIONS IN THIS AND THE SPECIAL ACT-NUMBER: GENDER: "LANDS: "LEASE:' "MONTH:" "LORD ORDINARY:" "OATH: " "COUNTY:" "SHERIFF: "JUSTICES:" "Two JUSTICES:" "OWNER:" "THE BANK."-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 "lands" shall extend to houses, lands, tenements, and heritages, of any description or tenure:

The word "lease" shall include a missive of lease :

The word "month" shall mean calendar month:

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:

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 :

The word "county" shall include any ward or other like division of a county:
The word "sheriff" shall include the sheriff substitute:

The word "justices" shall mean justices of the peace acting for the county, city, liberty, or place where the matter requiring the cognizance 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 authorized 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.

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 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, or trustees or others, 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 any one of the incorporated or chartered banks in Scotland.

4. SHORT TITLE.-In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression "The Lands Clauses Consolidation "(Scotland) Act, 1845."

5. FORM IN WHICH PORTIONS OF THIS ACT MAY BE INCORPORATED WITH OTHER ACTS.And whereas it may be convenient in some cases to incorporate with Acts of Parliament 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.

PURCHASE OF LANDS BY AGREEMENT.

And with respect to the purchase of lands by agreement, be it enacted as follows: 6. POWER TO PURCHASE LANDS BY AGREEMENT.-Subject to the provisions of this and the special Act, it shall be lawful for the promoters of the undertaking to agree with the owners of any lands by the special Act authorized to be taken, and which shall be required for the purposes of such Act, and with all parties having any right or interest in such lands, or by this or the special Act enabled to sell and convey the same, for the absolute purchase of any such lands, or such parts thereof as they shall think proper, and for the purchase of all rights and interests in such lands of what kind soever.

7. PARTIES UNDER DISABILITY ENABLED TO SELL AND CONVEY.-It shall be lawful for all parties, being possessed of any lands, or any such right or interest therein, to contract for, sell, convey, and dispose of such lands, or of such right therein, to the promoters of the undertaking, and to enter into all necessary agreements for these purposes; and particularly it shall be lawful for the parties following so to do; (that is to say,) all corporations, heirs of entail, life-renters, or persons holding any other partial or qualified estate or interest, married women seised in their own right or entitled to terce or dower, or any other right or interest, husbands, tutors, curators, and other guardians for infants, minors, lunatics or idiots, fatuous or furious persons, or for persons under any other disability or incapacity, judicial factors, trustees or feoffees in trust for charitable or other