occasioned by what was thus legalized by the Legislature,
and in construing any Acts passed since that Act, it must be
supposed that the Legislature intended to follow this code,
except where by the express language of the Special Act, or
by necessary intendment from its provisions, it appears that
the intention of the Legislature was in some particular to
depart from that general code, and to substitute something
else: Reg. v. Lord Mayor of London, L. R. 2 Q. B. 292, at
pp. 295-6. With a view to facilitate the incorporation of
parts of the code with any Special Act, different sets of
clauses in the L. C. C. Act are grouped under different
headings, so that each set forms, in the language of that
Act, an "Enactment." But if a Special Act excepts the
clauses included in
66
any one enactment," it does not neces-
sarily except all other clauses which may be applicable to, or
prima facie form part of such "enactment." In the words of
the judgment in Reg. v. Lord Mayor of London, supra, “it
is not enough that the words of the special enactments are
not aptly chosen so as to be in harmony with the enactments
in terms incorporated with the Act: nor is it even enough
that the language of the special enactments is so incongruous
with the incorporated enactments, as to show that the per-
sons who prepared them had forgotten, or perhaps had
never known what those incorporated enactments were. It
must go as far as this, that the special enactments show that
the Legislature intended to exclude an enactment, which by
an accident (not unlikely to occur in this mode of legisla-
tion) they have inadvertently incorporated contrary to what
they intended." Thus an exception of the "enactment,"
secs. 16-68 from the Special Act, does not amount to an
"express variation or exception" of section 121: S. C.

In dovetailing the clauses of the General Act into the Special Act, the Courts have avoided putting upon the two Acts combined a narrow construction: Metr. D. Ry. Co. v. Sharpe, 5 App. Cas. 425, 436. Though express words of variation or exception are not necessary, yet the Act requires something that indicates an express intention that the sections of the General Act shall not apply as far as applicable to the Special Act: S. C. at p. 441. Therefore the variation by the Special Act of the mode of appointing an arbitrator does not imply a variation or exception of the mode of paying the costs of arbitration: S. C.

8 Vict.

o. 18,

s. 5.

8 Vict. c. 18, .5.

"Under the provisions of this or the Special Act or any Act incorporated therewith."-These words frequently occur in the body of this Act, and have received the following interpretations.

When the entire Act is incorporated, no other enactment is needed in order to confer the right to compensation for lands injuriously affected: Ferrar v. London Commissioners of Sewers, L. R. 4 Ex. 1. If the Special Act incorporates the L. C. C. Act, 1845, "except so much of the last-mentioned Act as relates exclusively to the purchase and taking of lands by compulsion," the 68th section of the L. C. C. Act is not excepted, for that section does not relate to the taking of lands by compulsion, although providing a remedy for persons whose lands have been taken or are injuriously affected: Broadbent v. Imperial Gas Co., 7 De G. M. & G. 436. But where the Special Act follows the heading between sections 15 and 16 of the L. C. C. Act, 1845, by excepting the provisions of the latter Act "relating to the purchase and taking of lands otherwise than by agreement," the 68th section of the L. C. C. Act is excepted from the Special Act: Ferrar v. Commissioners of Sewers, ubi supra; Reg. v. Lord Mayor of London, L. R. 2 Q. B. 292. The fact of compensation being given by the Special Act in certain cases which might come under section 68 of the L. C. C. Act, 1845, does not exclude the latter section from incorporation in the Special Act, if the Special Act incorporates the whole of the L. C. C. Act: Reg. v. St. Luke's, Chelsea, L. R. 6 Q. B. 572 & 7 Q. B. 148.

Whenever a company is compelled to come for a fresh Act to vary the provisions of an Act passed before the L. C. C. Act, the provisions of the L. C. C. Act are imported into the Original Act by sec. 1, ante, save and in so far as they are excepted by this section, e.g. where an undertaking had been constructed under a Special Act passed in 1844, and extended under another Special Act passed in 1847: Lancashire and Yorkshire Ry. Co. v. Evans, 15 Beav. 322.

The following is a table of the several "enactments" and the sections of the L. C. C. Act, 1845, comprised in them respectively :

(1.) ss. 2-5." With respect to the construction of this Act and of the Acts to be incorporated therewith," p. 3. (2.) ss. 6-15. "With respect to the purchase of lands by agreement," p. 14.

(3.) ss. 16–68. "With respect to the purchase and taking
of lands otherwise than by agreement," p. 33.
(4.) ss. 69-80. "With respect to the purchase-money or
compensation coming to parties having limited in-
terests or prevented from treating or not making a
title," p. 132.

(5.) ss. 81-83. "With respect to the conveyances of
lands," p. 185.

(6.) ss. 84–92. "With respect to the entry upon lands
by the promoters of the undertaking,” p. 188.
(7.) ss. 93-94. "With respect to small portions of inter-
sected land," p. 208..

(8.) ss. 95–98. "With respect to copyhold lands,” p. 210.
(9.) ss. 99–107. “With respect to any such lands being
common or waste lands," p. 213.

(10.) ss. 108-114. "With respect to lands subject to mortgage," p. 222.

(11.) ss. 115–118. “With respect to lands charged with

any rent-service, rent-charge, or chief or other rent

or other payment or incumbrance not herein before
provided for," p. 229.

(12.) ss. 119–123. "With respect to lands subject to
leases," p. 231.

(13.) ss. 124-126. "With respect to interests in lands which have by mistake been omitted to be purchased," p. 240.

(14.) ss. 127-135. "With respect to lands acquired by the promoters of the undertaking under the provisions of this or the Special Act or any Act incorporated therewith, but which shall not be required for the purposes thereof," p. 243.

(15.) ss. 136–149. "With respect to the recovery of forfeitures, penalties, and costs," p. 256.

(16.) ss. 150-151. "With respect to the provisions to be made for affording access to the Special Act by all parties interested," p. 262.

On a closer examination of these several "enactments" it will appear that the sets of clauses have not been very carefully grouped so as to carry out the intention of the Legislature, and difficulties frequently arise in ascertaining what parts of the L. C. C. Act are and what are not excepted from the Special Act. Thus, though the clauses under the

8 Viot.

0. 18,

s. 5.

8 Vict. c. 18,

s. 5.

introductory heading before section 16 all do refer to the purchase and taking of land otherwise than by agreement, they are by no means the only clauses that do so refer. Secs. 69-80 are all applicable to cases in which the lands are not taken by agreement-so also secs. 81-83, 84-92, 108-114, 115-118: Reg. v. Lord Mayor of London, L. R. 2 Q. B. 292. In the "enactment" next following, ss. 119 and 120 are equally applicable, whether the lands are taken by agreement or not, whereas ss. 121, 122, and 123 are only applicable in cases where there is no agreement: S. C. In like manner section 92 has no distinct connection with the other sections in that enactment. So also sections 132-135 inclusive are not referable to the "enactment" under which they are placed, viz. the sale of superfluous lands, but are general provisions applicable to all parts of the Act.

Railways C. C. Act, 1845

Sec. 6

Table of some Public Statutes incorporating the L. C. C. Acts.
Incorporates the provisions of
the L. C. C. Act, 1845.
Sec. 6 The same as the above.

(8 & 9 Vict., c. 20).
Markets and Fairs C. C.
Act, 1847 (10Vict., c. 14).
Waterworks C. C. Act,

1847 (10 Vict., c. 17).
Harbours, Docks, and Piers
Clauses Act, 1847 (10
Vict., c. 27).
Towns

Improvement
Clauses Act, 1847 (10
& 11 Vict., c. 34).
Cemeteries Clauses Act,

1847 (10 & 11 Vict., c. 65).
Literary and Scientific
Institutions Act 1854
(17 & 18 Vict., c. 112).
Public Libraries Act, 1855
(18 and 19 Vict., c. 70).

the recovery of forfeitures,
penalties, and costs," and sub-
ject to the provisions in the
Act contained.

Sec. 44 Incorporates the L. C. C. Acts,
1845 & 1860, except secs. 16,
17, 84-91 (inclusive), 123,
150 & 151.

Prison Act, 1865 (28 & 29
Vict., c. 126).

Prison Act, 1877 (40 & 41
Vict., c. 21).

Metr. Poor Act, 1867 (30
Vict., c. 6).

Secs. 52
& 53.

Sec. 69 Incorporates the L. C. C. Acts
for the purchase of town-halls,
court-houses, or other rooms
forming part of a "prison."
Incorporates the L. C. C. Acts,
1845 & 1860, subject to the
restrictions in the latter
section.

Elementary Education Act, Sec. 20 With respect to the purchase of

1870 (33 & 34 Vict., c.

75).

Artizans and Labourers

Dwellings Improvement
Act, 1875 (38 & 39
Vict., c. 36).

Artizans and Labourers
Dwellings Act 1868,
Amendment Act, 1879
(42 & 43 Vict., c. 64).

land by School Boards, incor

porates the L. C. C. Acts,

66

except the provisions re-
lating to access to the Special
Act," subject to the provisions
in the Act contained, and
Sec. 21 With respect to the purchase
by the managers of any public
elementary school, incorpo-
rates the L. C. C. Acts, "ex-
cept so much as relates to
the purchase of land other-
wise than by agreement."
Incorporates the L. C. C. Acts
as amended by the provi-
sions contained in the Sche-
dule hereto," which provi-
sions relate to the purchase
and taking of lands otherwise
than by agreement, and
subject to the provisions con-
tained in the same section.

Sec. 19
(1)

Sec. 4 Incorporates the L. C. C. Acts,
1845 & 1860, except the
provisions with respect to the
purchase and taking of lands
otherwise than by agreement,
and the entry on lands by the
promoters and such provisions
as are expressly varied or
inconsistent.

8 Vict. c. 18, 8.5.