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my Right, Estate, and Interest in and to the Money thereby secured (and if the Transfer be of a Mortgayes, and in and to the Tolls, Money, and Property thereby assigned. 'In witness whereof I have hereunto set my Hand and Seal, this Day of One thousand eight hundred and
Form of Prory'. A.B., One of the Proprietors of “The Company," doth hereby appoint C.D., of , to be the Proxy of the said A.B., in his Absence to vote in his Name upon any Matter relating to the Undertaking proposed at the Meeting of the Proprietors of the said Company to be held on the Day of next, in such Manner as he the said C.D. doth think proper. In witness whereof the said A.B. hath hereunto set his Hand (or, if a Corporation, say the Common Seal of the Corporation), the Day of One thousand eight hundred and .
Form of Convictione to wit. Be it remembered, That on the Day of , in the Year of our Lord , A.B. is convicted before us, C., D., Two of Her Majesty's Justices of the Peace for the County of [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.
• Form of Mortgage, Schedule C. 68 76 (p. 86). The proxy must be stamped: under the Stamp Act at present in force, a stamp of 6d. is required.
157 (p. 114).
VII.-THE RAILWAYS CLAUSES CONSOLIDATION
8 Vict., CAP. 20. An Act for consolidating in One Act certain Provisions
usually inserted in Acts authorizing the making of Railways.
[8th May, 1845.]
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 Operation of it may be enacted; and be it enacted".... That this Act fined to con- shall apply to every Railway which shall, by any Act future Rail- 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 incorpo
Interpretations in this
rated with such Act, form Part of such Act, and be construed together therewith as forming One Act. And with respect to the Construction of this Act and Construc.
tion of Acts. of other Acts to be incorporated therewith, be it enacted as follows:
2. The Expression “ the special Act," used in this « The special Act, shall be construed to mean any Act which shall be Act:" hereafter passed authorizing the Construction of a Railway, and with which this Act shall be so incorporated as aforesaid; and the Word “prescribed,” used in this " preAct in reference to any Matter herein stated, shall be scribed :" 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 "prescribed,” the Expression - prescribed for that Purpose in the special Act" had been used ; and the Expression “ the Lands” shall “tho mean the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression “the Undertaking” shall mean the Rail- « the Underway and Works, of whatever Description, by the special taking :" Act authorized to be executed.
3. The following Words and Expressions, both in Interpretathis and the special Act, shall have the Meanings hereby ind assigned to them, unless there be something in the Sub- Act: ject or Context repugnant to such Construction; that is to say, Words importing the Singular Number only, shall in- Number :
clude the Plural Number; and Words importing
include Females : The Word “ Lands" shall include Messuages, Lands, “Lands :"
Tenements, and Hereditaments, of any Tenure: * And the word "Lands” has the meaning assigned to it in $ 3, including * Messuages, Lands, Tenements, and Hereditainents of any tenure,”
tion of this and special
The Word " Lease” shall include an Agreement for
a Lease: The Word “Toll” shall include any Rate or Charge or other Payment payable under the special Act, for any Passenger, Animal, Carriage, Goods, Merchandize, Articles, Matters, or Things, conveyed
on the Railway:
Kind conveyed upon the Railway:
or Dublin, as the Case may require:
Case of Quakers, or other Declaration 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 Riding or
other like Division of a County, and shall also in
clude County of a City or County of a Town: The Word “Sheriff” shall include Under Sheriff or
other legally competent Deputy; and where any
Part of such Lands shall be situate:
acting for the County, City, Borough, Liberty, Cinque Port, 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,Borough, Liberty, Cinque Port, or Place, shall mean“ a Justice acting for the County, City, Borough, Liberty, Cinque Port, 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 authorized or required to be done by Two Just- Two Jusices, the Expression “Two Justices” shall be understood to mean Two Justices assembled and
acting together: Where, under the Provisions of this or the special “Owner :"
Act, any Notice shall be required to be given to the Owner of any Lands, or where any Act shall be authorized or required to be done with the Consent of any such Owner, the Word “ Owner" shall be understood to mean any Person or Corporation who, under the Provisions of this or the special Act, or any Act incorporated therewith, would be
enabled to sell and convey Lands to the Company: The Expression " the Company” shall mean the Com- " the Com
pany or Party which shall be authorized by the special Act to construct the Railway: The Expression “the Railway” shall mean the Railway and Works by the special Act authorized to be constructed: The Expression “the Board of Trade” shall mean the Board of Lords of the Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations:
be und any such" Pequired to where anbe givencial
" the Railway:"
*i,.e., the word “Justice" shall mean, &c.
"Lands" i.e. " Messuages, Lands, 'Tenements, and Hereditaments, of any Tenure"; supra, p. 121.