Publication of Penalties.

Section 145. The Company shall publish the short particulars of the several offences for which any penalty is imposed by this or the special Act, or any Act incorporated therewith, or by any bye-law of the Company affecting other persons than the shareholders, officers, or servants of the Company, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall cause such board to be hung up or affixed on some conspicuous part of the principal place of business of the Company, and, where any such penalties are of local application, shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable, or have reference; and such particulars shall be renewed as often as the same, or any part thereof, is obliterated or destroyed; and no such penalty shall be recoverable unless it shall have been published, and kept published, in the manner hereinbefore required.

Penalties for Defacing Boards used for such Publication.

Section 146. If any person pull down or injure any board put up or affixed, as required by this or the special Act, or any Act incorporated therewith, for the purpose of publishing any bye-law or penalty, or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board.

Penalties to be Summarily Recovered before Two Justices.

Section 147. Every penalty or forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before two justices.

NOTE.-Repeal. The Summary Jurisdiction Act, 1884,* repeals Sections 148, 149, 153, 157, parts of Sections 147 and 159, and (so far as relates to any matter to which the Summary Jurisdiction Act applies) the whole of Section 155, and also the form of conviction in Schedule G.

Section 148. [Penalties may be levied by distress.]

Section 149.

[Imprisonment in default of distress, 8 Vict, c. 16, s. 149.]

Distress-How to be Levied.

Section 150. Where in this or the special Act, or any Act incorporated therewith, any sum of money, whether in the nature of penalty or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and

* 47 and 48 Vict., c. 43, s. 4.

chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been destrained.

Distress not Unlawful for want of Form.

Section 151. No distress levied 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, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.

Application of Penalties.

Section 152. The justices by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award not more than one-half thereof to the informer, and shall award the remainder to the overseers of the poor of the Parish in which the offence shall have been committed, for the benefit of the poor of such Parish.

NOTE.-Repeal. The last part of the Section, relating to extra parochial places, is repealed by the Statute Law Revision Act, 1875.*

Section 153. [Penalties to be sued for within six months.]

Damages to be made good in addition to Penalty.

Section 154. 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 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 distress, and such justices, or one of them, shall issue their, or his, warrant accordingly.

Penalty on Witnesses making Default.

Section 155. It shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction, under the provisions of this or the special Act, or any Act incorporated therewith, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such

38 and 39 Vict., c. 66.

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 being paid, or rendered a reasonable sum for his expenses, 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.

NOTE.-Repeal. See the note to Section 147.

Transient Offenders.

Section 156. 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, 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 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 (8 Vict., c. 16, s. 156). Section 157. [Form of conviction.]

Proceedings not to be Quashed for want of Form.

Section 158. 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.

APPEAL.

Parties allowed to Appeal to Quarter Sessions on giving security. Section 159. 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.

Court to make such Order as they think reasonable.

Section 160. 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 session; 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 costs, both of the adjudication and of the appeal, as they may think reasonable.

THE COMMISSIONERS CLAUSES ACT, 1847. (Incorporated by the Public Libraries Consolidation (Scotland) Act, 1887, Section 16. See page 54.)

Interpretations in this and the Special Act.

Section 3. The following words and expressions, both in this and the special Act, and any Act incorporated therewith, shall have the several meanings hereby assigned to them, unless there be something in the subject or the 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 "person" shall include a Corporation, whether aggregate or sole:

The word "lands" shall extend to messuages, lands, tenements, and hereditaments or heritages of any tenure :

The word "month" shall mean calendar month: The expression "superior courts," where the matter submitted to the cognisance of the Court arises in England or Ireland, shall mean Her Majesty's superior courts of record at Westminster or Dublin, as the case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster, and the Court of Pleas of the County of Durham; and where such matter arises in Scotland it shall mean the Court of Session:

The word "oath" shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath :

The word "County" shall include riding or other division of a County having a separate commission of the peace, and in Scotland Stewartry, and any ward or other division of a County or Stewartry having a separate sheriff, and it shall also include. County of a City or County of a Town :

The word "justice" shall mean justice of the peace acting for the place where the matter requiring the cognisance of any such justice arises; and where any matter is authorised or required to be done by two justices, the expression "two justices" shall be understood to mean two or more justices met and acting together: The word "sheriff” shall mean the sheriff depute of the County or ward of a County in Scotland and the steward depute of the Stewartry in Scotland in which any matter submitted to the cognisance of the sheriff arises, and shall include the substitutes of such sheriff depute and steward depute respectively:

The expression "quarter sessions" shall mean quarter sessions as defined in the special Act; and if such expression be not there defined, it shall mean the general or quarter sessions of the peace which shall be held at the place nearest to the undertaking for the County or place in which the undertaking, or the principal office thereof, is situate, or for some division of such County having a separate commission of the peace:

The expression "the clerk" shall mean the clerk of the Commissioners, and shall include the word "secretary":

The expression "the Town" shall mean the Town or District named in the special Act within which the powers of the Commissioners are to be exercised.

LEGAL PROCEEDINGS.

And with respect to the liabilities of the Commissioners and to legal proceedings by or against the Commissioners, be it enacted as follows:Commissioners not to be Personally Liable for Acts done in the Capacity of a Commissioner-Commissioners to be Indemnified for Acts done

in the Execution of their Office.

Section 60. No Commissioner, by being party to or executing in his capacity of Commissioner any contract or other instrument on behalf of the Commissioners, or otherwise lawfully executing any of the powers given to the Commissioners, shall be subject to be sued or prosecuted, either individually or collectively, by any person whomsoever; and the bodies or goods or lands of the several Commissioners shall not be liable to execution of any legal process by reason of any contract or other instrument so entered into, signed, or executed by them, or by reason of any other lawful act done by them in the execution of any of their powers as Commissioners; and the Commissioners respectively, their heirs, executors, and administrators, shall be indemnified out of the rates and other moneys coming to the hands of the Commissioners by virtue of this and the special Act for all payments made or liability incurred in respect of any acts done by them, and for all losses, costs, and damages which they may incur in the execution of the powers granted to them.

Actions or Suits to be brought in the name of any two Commissioners or

their Clerk.

Section 61. In all actions and suits in respect of any matter or thing relating to the execution of this or the special Act, to be brought by or against the Commissioners, it shall be sufficient, where such Commissioners are not a body corporate, to state the names of any two of the Commissioners, or the name of their clerk, as the party, plaintiff or defendant, representing the Commissioners in any such action or suit, and no such action or suit