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31 & 32

Vict. c. 70.

s. 1.

Short title.

8. 2.

Provision for trial of traverse in county other than that in which

lands are situate.

should be taken with respect to a traverse so taken by the company, and the verdict of the jury upon such traverse should have the like effect as in the case of a traverse taken by a person so dissatisfied :

And whereas such traverses as aforesaid must at present be tried in the county or county of a city where the lands are situate; and it is expedient to amend the law in that respect in the manner hereinafter mentioned:

Be it therefore 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, as follows:

I. This Act may be cited as "The Railways Traverse Act."

II. Whenever either party shall be entitled and shall intend to have any such traverse entered under the said recited Acts, or any or either of them, or any Act already or hereafter incorporating the said Acts, or any of them, it shall be lawful for the other party to apply to the Court of Queen's Bench for an order directing such traverse to be entered and tried in some county other than the county or county of a city in which the lands are situate; and if upon such application it shall appear to said Court that it will be more convenient or proper or more in furtherance of justice that such traverse should be tried elsewhere than in the county or county of a city where the lands are situate, the said Court may order such traverse to be entered and tried in some other county or county of a city to be specified in such order, and thereupon such traverse shall be entered and tried in such other county or county of a city in such manner, and subject to the like regulations, and with the same consequences, and the

31 & 32

8. 2.

verdict and proceedings shall have the like effect, as if the lands were situate in the county or county of Vict. c. 70, a city in which such traverse shall under such order be so entered and tried.

III. Such application may be made either before or after the ten days notice shall have been given, and before or after such traverse may have been entered for the county or county of a city where the lands are situate, and notwithstanding that such traverse may have been respited from an assizes or term previously to such application; and in case such order shall have been made after the entry of the traverse in the county or county of a city in which the lands are situate, no trial shall be had upon such entry. The said Court may make such order as it may deem fit respecting the costs of such application, or any costs to be incurred by reason of such change of the place of trial or otherwise incidental to such order as aforesaid, and may, in making such order and in respect thereof, impose such terms upon either party as justice may require.

s. 3. When ap plication traverse to

for trial of

be made.

tion of

Acts.

IV. This Act and the said recited Acts shall be 8. 4. read together as one Act, and this Act shall be held Constructo be incorporated with each of the said recited Acts in any Act already or hereafter incorporating the said recited Acts, or any of them, and shall apply to traverses of awards made before the passing of this Act in respect of which the right of traverse shall still subsist.

V. The jurisdiction herein before conferred upon the Court of Queen's Bench may out of term be exercised by any judge of that Court, or any judge

having for the time being jurisdiction to entertain and determine a motion to change the venue in any action depending in said Court.

8. 5.

Jurisdicterm time.

tion out of

THE

LANDS CLAUSES CONSOLIDATION (SCOTLAND)

ACT, 1845.

8 VICT. c. 19.

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An Act for consolidating in one Act certain provisions usually inserted in Acts authorising the taking of lands for undertakings of a public nature in Scotland.

[8th May 1845.]

WHEREAS it is expedient to comprise in one general Act sundry provisions usually introduced into Acts of Parliament relative to the acquisition of lands in Scotland required for undertakings or works of a public nature, and 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: Be it therefore 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 undertaking in Scotland authorised by any Act of Parliament which shall hereafter be passed, and which shall authorise the

8 Vict.

c. 19, s. 1.

thorised by

after

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 Acts here-
apply to the undertaking authorised thereby, so far passed.
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 there with as forming one Act.

Compare the L. C. C. Act, 1845, sec. 1, ante, pp. 1-3.

The decisions in the House of Lords under this Act have been referred to in the notes to the corresponding sections of the English Act, to which latter sections reference is made throughout this Act.

See as to the strict construction of Acts giving compulsory powers, Sir T. Moncreiffe v. Perth Harbour Commrs., 5 D. 879.

AND WITH RESPECT TO THE CONSTRUCTION OF THIS ACT, AND OTHER ACTS TO BE INCORPORATED THEREWITH, be it enacted as follows:

II. This section, containing definitions of the terms "Special Act," "Prescribed ""the Works" and "Promoters of the Undertaking," is verbatim the same as sec. 2 of the L. C. C. Act, 1845, ante, p. 3.

III. And be it enacted, That 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,)

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Words importing the singular number only shall number:
include the plural number; and words import-
ing the plural number only shall include the
singular number:

8 Vict.

c. 19, s. 3.

gender:

"lands: "

"lease: " "month :"

"lord ordinary: "

"oath: "

" county :"

"sheriff: "

"justices:"

Words importing the masculine gender only shall include females:

The word "lands" shall extend to houses, lands, tenements, and heritages of any description of 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 authorised or required to be done by two justices, the expres

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