8 Vict. c. 18, Ss. 145-147. Proceedings not to be quashed for want of form. Certiorari lies where no 145. 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. An inquisition is a "proceeding" within this section (R. v. Sheffield Ry. Co., 11 A. & E. 194, 202, n.; R. v. Justices of Lindsey, 14 L. J. M. C. 151; 3 D. & L. 101). Notwithstanding this section, an inquisition may be brought up to be quashed by writ of certiorari, where there is no jurisdiction or the jurisdiction has been jurisdiction or exceeded. jurisdiction exceeded. Excess of jurisdiction may be shown by affidavit. Whether part of verdict may stand. Parties allowed to appeal to quarter ses sions on giv- land from "for Court to make such order as they think reasonable. If, for instance, the presiding officer is interested, being a shareholder in the company (R. v. L. & N. W. Ry. Co., 12 W. R. 208. See too Re Edmundson, 17 Q. B. 67; R. v. Commrs. of Cheltenham, 1 Q. B. 467; R. v. Aberdare Canal Co., 14 Q. B. 854). If after notice that the sheriff is a shareholder in the company the landowner proceeds without objection, he will be held to have waived the objection (Ex parte Baddely, 5 D. & L. 575; 5 R. C. 542). Upon the question of disqualifying interest, see the C. C. C. Act, 1845, s. 3, and notes, ante. So the inquisition may be removed if compensation is awarded for several claims, some of which are bad (In re Penny & S. E. Ry. Co., 26 L. J. Q. B. 223; 7 E. & B. 660; R. v. Clerk of Peace of County of Chester, 12 W. R. 762). Excess of jurisdiction may be shown by affidavit, though it may not appear on the face of the proceedings (Re Penny, 7 E. & B. 660). Where a clerk of the sheriff, assisted by a barrister, both of whom had been appointed his deputies by the sheriff, presided, and the sheriff returned the verdict and judgment purporting to have been taken and delivered by himself to the clerk of the peace, it was held under an Act containing a provision similar to this section that the proceedings could not be removed by certiorari (R. v. Sheffield Ashton-underLyne & Manchester Ry. Co., 1 R. C. 537; 11 A. & E. 194). Where the verdict is for separate sums, some of which the jury have no jurisdiction to award, it would seem that the whole verdict must be quashed, unless the parties agree to let it stand for the unobjectionable parts (R. v. S. Wales Ry. Co., 13 Q. B. 988). Applications for a writ of certiorari should be promptly made. As a general rule, they should be made within the time allowed for settling an award made under the Act (R. v. Sheward, 5 Q. B. D. 179; 9 Q. B. D. 741). 146. 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. 147. 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 re- 8 Vict. c. 18, turned to him, and may also order such further satisfaction to be ss. 148-150. made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the a ljudication and of the appeal, as they may think reasonable. within his 148. Provided always, and be it enacted, that notwithstanding Receiver of anything herein or in the special Act, or any Act incorporated the metrotherewith, contained, every penalty or forfeiture imposed by this district to politan police or the special Act or any Act incorporated therewith, or by any receive penalbye law in pursuance thereof, in respect of any offence which shall ties incurred take place within the metropolitan police district, shall be re- district. covered, enforced, accounted for, and, except where the application thereof is otherwise specially 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 2 & 3 Vict. for Regulating the Police Courts in the Metropolis," and every order or conviction of any of the police magistrates 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 lastmentioned 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 expenses 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. c. 71. evidence 149. And be it enacted, that any person who upon any exami- Persons nation upon oath under the provisions of this or the special Act, or giving false any Act incorporated therewith, shall wilfully and corruptly give table to false evidence, shall be liable to the penalties of wilful and corrupt penalties of perjury. 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: perjury. Access to special Act. be kept and 150. The company shall, at all times after the expiration of six Copies of months after the passing of the special Act, keep in their principal special Act to office of business a copy of the special Act, printed by the printers deposited, and to Her Majesty, or some of them; and where the undertaking allowed to be shall be a railway, canal, or other like undertaking, the works of inspected. 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 a copy of such special Act so printed as aforesaid; and T. R ss. 151-153. 8 Vict. c. 18, 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 compel Clerks of the Peace for Counties and other 1 Vict. c. 83. 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 Will. 4 & Penalty on 151. If the company shall fail to keep or deposit, as hereinbefore company fail- mentioned, any of the said copies of the special Act, they shall ing to keep or 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. deposit. Act not to extend to Scotland. Act may be amended this session. 152. And be it enacted, that this Act shall not extend to Scotland. 153. And be it enacted, that this Act may be amended or repealed by any Act to be passed in the present session of parliament. I SCHEDULES REFERRED TO IN THE FOREGOING ACT, of SCHEDULE (A.). Form of Conveyance. in consideration of the sum of paid to me [or, as the case may be, into the Bank of England or Bank of Ireland, in the name and with the privity of the accountantgeneral of the Court of Chancery, ex parte "the promoters of the undertaking" (naming them), or to A.B. of and C.D. of two trustees appointed to receive the same], pursuant to the [here name the special Act], by the [here name the company or other promoters of the undertaking], incorporated [or constituted] by the said Act, do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereto belonging, and all such estate, right, title, and interest in and to the same as I am or shall become seised or possessed of, or am by the said Act empowered to convey, to hold the premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act. In witness whereof I have hereunto set my hand and seal, the day of in the year of our Lord I of SCHEDULE (B.). Form of Conveyance on Chief Rent. in consideration of the rent-charge to be paid to me, my heirs and assigns, as hereinafter mentioned, by "the promoters of the undertaking" [naming them], incorporated [or constituted] by virtue of the [here name the special Act], do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all my estate, right, title, and interest in and to the same and every part thereof, to hold the said premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act, they the said company [or other description], their successors and assigns, yielding and paying unto me, my heirs and assigns, one clear yearly rent of by equal quarterly [or half-yearly, as agreed upon,] portions, henceforth, on the [stating the days], clear of all taxes and deductions. In witness whereof I hereunto set my hand and seal, the our Lord day of in the year of day of Be it remembered, that on the of our Lord A.B. is convicted before us C., D., two of her majesty's justices of the peace for the county of in the year [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. Repealed as regards England, 47 & 48 Vict. c. 43. C., D. Schedules. 244 Operation of fined to future this Act con railways. Interpretations in this Act: "special Act;" THE RAILWAYS CLAUSES CONSOLIDA- 8 VICT. c. 20. An Act for consolidating in one Act certain provisions usually 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 shall by any Act which shall hereafter be passed be authorized to be constructed, and this Act shall be incorporated 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. Upon the question of incorporation, see the notes to the Lands Clauses Act, 1845, sections 1, 5 and 80. And with respect to the construction of this Act, and of other Acts to be incorporated therewith, be it enacted as follows: 2. The expression "the special Act" (a) used in this Act, shall be construed to mean any Act which shall be hereafter passed authorizing the construction of a railway, and with which this Act "prescribed;" 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 |