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not void for
Appeal. Parties aggrieved by
the hearing and determining of the Complaint against
such Offender. Form of 157. The Justices before whom any Person shall be
convicted of any Offence against this or the special Act, or any Act incorporated therewith, may cause the Conviction to be drawn up according to the Form in the
Schedule (G.) to this Act annexedo. Proceedings 158. No Proceeding in pursuance of this or the speinformality; cial Act, or any Act incorporated therewith, shall be certiorari. quashed or vacated for Want of Form; nor shall the
same be removed by Certiorari or otherwise into any of the Superior Courts.
159. If any Party shall feel aggrieved by any Deter
mination or Adjudication of any Justice with respect to adjudication any Penalty or Forfeiture under the Provisions of this may appeal or the special Act, or any Act incorporated therewith, Sessions 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 Security. into Recognizances, with Two sufficient Sureties, before
a Justice, conditioned duly to prosecute such Appeal,
and to abide the Order of the Court thereon. Quarter Ses- 160. At the Quarter Sessions for which such Notice and deter-, shall be given, the Court shall proceed to hear and demino Appeal. termine 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, er they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress
within 4 months;
sions to hear
· Form of Conviction by Justices, Schedule G, (p. 119).
upon his Goods, to be returned to him, and may also
And with respect to the Provision to be made for Access to affording Access to the special Act by all Parties interested, be it enacted as follows:
the Company, and depo
; and wheree Printers toile Copy of the:
161. The Company shall, at all Times after the Expi- Copies of ration of Six Months after the passing of the special Act, to be kept by keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty or sited with some of them; and where the Undertaking shall be a Peace and Railway, Canal, or other like Undertaking, the Works within 6 of which shall not be confined to one Town or Place, months after shall also, within the Space of such Six Months, deposit act : 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 Copies to bo shall receive, and they and the Company respectively and open to shall retain, the said Copies of the special Act, and shall inspe permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner Extracts or and upon the like Terms“, and under the like Penalty be taken; for Default", as is provided in the Case of certain Plans foros and Sections, by an Act passed in the First Year of the Penalties. Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Documents as shall
or depositing such Copies.
be directed to be deposited with them under the Standing
Orders of either House of Parliament. Penalty on 162. If the Company shall fail to keep or deposit as not keeping herein-before mentioned any of the said Copies of the
in special Act, thev 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. Extent of 163. And be it enacted, That this Act shall not exScotland. tend to Scotland. Proviso ; for 164. Provided always, and be it enacted, That if any Calls against Shareholder residing in Scotland shall fail to pay the Shareholders Amount of any Call made upon him by the Company in
respect of any Share held by him, it shall be lawful for the Company to proceed against him in Scotland, and to sue for and recover the Amount of such Call, or to declare such Share forfeited, in such Manner as is by “ The Companies Clauses Consolidation (Scotland) Act, 1845,” in case the same shall pass into a Law, provided in regard to Shareholders of any Company in Scotland
• 1 Vic. c. 83; (App., XXIII. 2, 3.)
• The provisions of 8 Vic. c. 17,“ the Companies Clauses Consolidation (Scotland) Act, 1845,” here referred to, are to the following effect :
“'With respect to the Payment of Subscriptions and the Means of enforcing the Payment of Calls," sections 22-29 are identical, totidem verbis, with seetions 21-28, under similar head, in the present act, 8 Vic. c. 16; except that in sections 27 and 28 of the Scotch Act, 8 Vic. c. 17, the word " Defender is used instead of the word “Defendant” in the corresponding sections, 26 and 27 of 8 Vic. c. 16.
“ With respect to the Forfeiture of Shares for Non-payment of Calls," sections 30-36 of the Scotch Act, 8 Vic. c. 17, in like manner correspond with $ 29-35 of the present act, 8 Vic. c. 16; except that in § 31 of cap. 17, the words "the Edinburgh Gazette" stand in place of the words "the London or “ Dublin Gazette, according as the Company's principal Place of Business shall “be situate in England or Ireland," in $ 30 of cap. 16: and in § 34 of cap. 17, “a Declaration in writing, by some credible Person not interested in the “ Matter, made before some Sheriff or Justice, that the Call," &c., stands in place of such a Declaration "made before any Justice, or before any Master * or Master Extraordinary of the High Court of Chancery,” in cap. 16.
SCHEDULES REFERRED TO BY THE
SCHEDULE (B.) Form of Transfer of Shares or Stockd. , of , in consideration of the Sum of paid to me by , of do hereby transfer to the said , Share (or Shares), numbered' , in the Undertaking called “The Company" Cor Pounds Consolidated Stock in the Undertaking called **The 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 for 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. As witness our Hands and Seals, the Day
Form of Mortgage Deed. " The
Company." Mortgage, Number : By virtue of (here name the special Act], We, “ The Company," in consideration of the Sum of Pounds, paid to us by A.B., of , do
$ 11 (p. 63-4).
Under $ 6 (p. 62,) each share is to have its own separate number; but there is nothing in the act to prevent several shares with their respective numbers from being included in one and the same certificate. See form of Trausfer (Schedule B.) in which several shares may also be included.
*$3: Singular includes Plural Number, and Plural Singular; see preceding note
* § 14 (p. 65): and 8 62 (p. 82). • Štate aggregate number of shares transferred; as, one, two, twenty, &c. ' State the numbers of the shares; see note 8 $ 41 (p. 75).
assign unto the said A.B., his Executors, Administrators, and Assigns, 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 o r any Place of Payment other than the principal Office of the Company]. Given under our Common Seal, this Day of in the Year of our Lord
Form of Bond. " The
Bond, Number : £ By virtue of (here name the special Act], We, « The Company,” in consideration of the Sum of Pounds to us in Hand paid by A.B., of , do bind ourselves and our Successors unto the said A.B., his Executors, Administrators, and Assigns, in the penal Sum of Pounds.
The Condition of the above Obligation is such, that if the said Company shall pay to the said A.B., his Executors, Administrators, or Assigns, [at (in case any other Place of Payment than the principal Office of the Company be intended)], on the Day of which will be in the Year ()ne thousand eight hundred and the Principal Sum of Pounds, together with Interest for the same at the Rate of Pounds per Centum per Annum, payable balfyearly on the Day of and Day of , then the above-written Obligation is to become void, otherwise to remain in full Force. Given under our Common Seal, this Day of
One thousand eight hundred and
Form of Transfer of Mortgage or Bond. I, A.B., of , in consideration of the Sum of paid to me by G.H., of , do hereby transfer to the said G.H., his Executors, Administrators, and Assigns, a certain Bonde (or Mortgaged], Number , made by “ The Company" to , bearing Date the
, for securing the Sum of and Interest [or if suck Transfer be by Endorsement, the within Security], and all
*$ 41 (p. 75). o š 46 (p. 76). c Form of Bond, Schedule D. & Form of Mortgage, Schedule C.