Offenders Company's Person shall forfeit a Sum not exceeding Five Pounds for every such Offence. 154. It shall be lawful for any Officer or Agent of unknown to the Company, and all Persons called by him to his Officers, may Assistance, to seize and detain any Person who shall by them, and have committed any Offence against the Provisions of taken before this or the special Act, and whose Name and Residence a Justice. shall be unknown to such Officer or Agent, and convey be detained Form of him, with all convenient Despatch, before some Justice, without any Warrant or other Authority than this or the special Act; and such Justice shall proceed with all convenient Despatch to the hearing and determining of the Complaint against such Offender. 155. The Justices before whom any Person shall be Conviction. 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 to this Act annexeda. Proceedings not void for 156. No Proceeding in pursuance of this or the special Informality; 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. and no Certiorari. Parties aggrieved by adjudication may appeal to Quarter Sessions: 157. If any Party shall feel aggrieved by any Determination or Adjudication of any Justice with respect to of a Justice 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 within 4 months; Notice; a Form of Conviction, Schedule, (p. 197.) Or by decis on of Justices regarding application for level crossings over roads; § 60 (p. 156.) 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. Sessions to determine 158. At the Quarter Sessions for which such Notice Quarter shall be given, the Court shall proceed to hear and de- hear and termine the Appeal in a summary Way; or they may, d 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 returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge reasonable; and they may make such Order concerning the Costs, both of the Adjudication costs. and of the Appeal, as they may think reasonable. London Penalties District. 159. Provided always, and be it enacted, That not- Receiver of withstanding any thing herein or in the special Act, Metropoor any Act incorporated therewith, contained, every litan Police Penalty or Forfeiture imposed by this or the special receive Act, or any Act incorporated therewith, or by any Bye incurred Law in pursuance thereof, in respect of any Offence within his which shall take place within the Metropolitan Police District, shall be recovered, 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 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 a 2 & 3 Vic. c. 71: London Metropolitan Police Act. False Evidence, Perjury. Bank of Money paid into the land to be Ushers Poundage. 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 last-mentioned 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. 160....Every Person who, upon any Examination upon Oath, under the Provisions of this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury. 161. And be it declared and enacted, That all Sums of Money which have been or shall be paid into the Bank of Ireland, in the Name and with the Privity of Bank of Ire- the Accountant-General of the Court of Chancery of exempt from Ireland, under the Provisions of an Act passed in the Second Year of the Reign of Her present Majesty, intituled An Act to provide for the Custody of certain Monies paid in pursuance of the Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament, shall and may be paid out and applied under any Order of the said Court of Chancery exempt from Ushers Poundage. Access to special Act. Copies of 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: 162. The Company shall, at all Times after the Expi a The act of 1838, (1 & 2 Vic. c. 117,) here referred to, has since been repealed and re-enacted with amendments by an act of 1846, (9 Vic. c. 20,) which will be found in the Appendix, (XXÍV.) to be kept by of Peace; months; ration of Six Months after the passing of the special special Act Act, keep in their principal Office of Business a Copy of the Com the special Act, printed by the Printers to Her Majesty, pany, and deposited or some of them; shall also, within the Space of such with Clerks Six Months, deposit in the Office of each of the Clerks within 6 of the Peace of the several Counties into which the Works shall extend a Copy of such special Act, so printed as aforesaid; and 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 copies to be permit all Persons interested to inspect the same, and preserved make Extracts or Copies therefrom, in the like Manner, inspection: and upon the like Terms", and under the like Penalty Copies may for Default", as is provided in the Case of certain Plans be taken; 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 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. 163. If the Company shall fail to keep or deposit, as herein before mentioned, any of the said Copies of the special Act, they 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. 164....This Act shall not extend to Scotland. SCHEDULE REFERRED TO BY THE FOREGOING ACT3. to wit. Day of in the Year of Be it remembered, That on the 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. ▲ 1 Vic. c. 83; (App., XXIII. 2, 3.) C. D. and open to Extracts or under penal ties. Penalty on Company not keeping or depositing such Copies. Extent of Act. Scotland. VIII. CANAL AND RAILWAY CARRIERS ACT, 1845. Canal Com panies may carry Goods on their Canals, or Railways, or Tramways belonging thereto, or Canals conimunicating therewith: 8 & 9 VICT. CAP. 42. An Act to enable Canal Companies to become Carriers of Goods upon their Canals. [21st July, 1845.] WHEREAS by divers Acts of Parliament, Railway Companies have been empowered to convey upon their Railways all such Goods, Wares, Merchandize, Articles, Matters, and Things as may be offered to them for that Purpose, and to make such reasonable Charges for such Conveyance as they may from Time to Time determine upon: And whereas greater Competition for the public Advantage would be obtained if similar Powers were granted to Canal and Navigation Companies which have from Time to Time been incorporated or established under the Authority of Parliament; but such beneficial Purpose cannot be effected without the Authority of Parliament: Be it therefore enacted"....That from and after the passing of this Act, it shall be lawful for the Company of Proprietors, Trustees, or the Undertakers of any Canal, River, or Navigation, or their respective Committees, Directors, or Managers, or their Superintendents, or other Agents by them duly authorized, to carry, as Common Carriers for their own Profit, upon But see § 12, requiring consent of Shareholders, where the Canal or Navigation is the property of Shareholders, (p. 205.) |