SCHEDULEa Schedule: Rate of Pas Containing the DUTIES by this Act granted on STAGE CARRIAGES; senger Tax. that is to say, * * And also the DUTIES in respect of PASSENGERS conveyed for Hire by CARRIAGES travelling upon RAILWAYS; that is to say, For and in respect of all Passengers conveyed for Hire upon or along any Railway, a Duty at and after the Rate of £5 for £100 upon all Sums received or charged for the Hire, Fare, or Conveyance of all such Passengers. XIX.-LANDS CLAUSES Aact. 8 VICT. CAP. 18. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature. [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 required for Undertakings or Works of a public Nature, and to 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: May it therefore please Your Majesty that it may be enacted; and be it enacted...That this Act shall apply to every Under- Act to apply taking authorized by any Act which shall hereafter be passed, to future and which shall authorize the Purchase or taking of Lands for takings; such Undertaking; and this Act shall be incorporated with and be such Act; and all the Clauses and Provisions of this Act, save incorporated. so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, • § 2, (p. 232). But under 7 & 8 Vic. c. 85, § 9, no tax is to be levied in respect of passengers conveyed at fares not exceeding a penny per mile by the cheap trains prescribed by § 6-10 of that act (V. 9, p. 47). * See note, in p. 1. Under Construction of Acts. Interpreta Act: tion of this Act:" pre scribed:" 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 incorporated 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 of Acts to be incorporated therewith, be it enacted as follows: 2. The Expression "the special Act," used in this Act, shall be construed to mean any Act which shall be hereafter passed which shall authorize the taking of Lands for the Undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid; and the Word "prescribed," used in this Act in reference to any Matter herein stated, shall be 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; "the Works;" and the Expression "the Works" or "the Undertaking" the Under- shall mean the Works or Undertaking, of whatever Nature, which shall by the special Act be authorized to be executed; "the Pro- and the Expression "the Promoters of the Undertaking" moters of the shall mean the Parties, whether Company, Undertakers, Commissioners, Trustees, Corporations, or private Persons, by the special Act empowered to execute such Works or Undertaking. taking:" Undertaking." 3. 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, Words importing the Singular Number only shall include The Word "Lands" shall extend to Messuages, Lands, The Word "Month" shall mean Calendar Month: 66 Month:" The Expression Superior Courts" shall mean Her Ma- "Superior jesty's Superior Courts of Record at Westminster or Dublin, Courts:" as the Case may require : The Word "Oath" shall include Affirmation in the Case "Oath :" 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 "County:" like Division of a County, and shall also include County of a City or County of a Town: Sheriff;" The Word "Sheriff" shall include Under Sheriff, or other "the legally competent Deputy"; and where any Matter in Coronera: relation to any Lands is required to be done by any Sheriff or by any Clerk of the Peace, the Expression "the Sheriff," or the Expression "the Clerk of the "the Clerk of Peace," shall in such Case be construed to mean the the Peace :" Sheriff or the Clerk of the Peace of the County, City, Borough, Liberty, Cinque Port, or Place where such Lands shall be situate; and if the Lands in question, being the Property of one and the same Party, be situate not wholly in one County, City, Borough, Liberty, Cinque Port, or Place, the same Expression shall be construed to mean the Sheriff or Clerk of the Peace of any County, City, Borough, Liberty, Cinque Port, or Place where any Part of such Lands shall be situate: The Word "Justices" shall mean Justices of the Peace "Justices :" acting for the County, City, 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, the same 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 author- "Two Jusized or required to be done by Two Justices, the Expres- tices:" a And in certain cases, the Coroner; see § 39, 40, (p. 252-3.) R "Owner:" "the Bank." "Granta." Short Title of Act. Manner in which Por Act may be in corporated with other Acts. sion "Two Justices" shall be understood to mean Two Justices assembled and acting together: Where, under the Provisions of this or the special Act, or any Act incorporated therewith, 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, would be enabled to sell and convey Lands to the Promoters of the Undertaking: The Expression "the Bank" shall mean the Bank of England where the same shall relate to Monies to be paid or deposited in respect of Lands situate in England, and shall mean the Bank of Ireland where the same shall relate to Monies to be paid or deposited in respect of Lands situate in Ireland. 4...In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression "The Lands Clauses Consolidation Act, 1845." 5. And whereas it may be convenient in some Cases to tions of this incorporate with Acts of Parliament hereafter to be passed, some Portion only of the Provisions of this Act: Be it therefore enacted, That, for the Purpose of making any such Incorporation, it shall be sufficient in any such Act to enact that the Clauses of this Act with respect to the Matter so proposed to be incorporated (describing such Matter as it is described in this Act in the Words introductory to the Enactment with respect to such Matter) shall be incorporated with such Act ; and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act; and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate. And see construction of the word "Grant" in conveyances of superfluous lands, &c., by the Company to other parties; § 132 (p. 292.) The "words introductory to the enactment' with respect to any matter in the act, are herein printed in italic type, as in case of the words introductory to $6 et seq., (p. 243.) And with respect to the Purchase of Lands by Agreement, be Purchase of it enacted as follows: Lands by purchase 6. Subject to the Provisions of this and the special Act, it Power to shall be lawful for the Promoters of the Undertaking to agree by with the Owners of any Lands by the special Act authorized Agreement. to be taken, and which shall be required for the Purposes of such Act, and with all Parties having any Estate or Interest in such Lands, or by this or the special Act enabled to sell and convey the same, for the absolute Purchase, for a Consideration in Money, of any such Lands, or such Parts thereof as they shall think proper, and of all Estates and Interests in such Lands of what Kind soever. ability en 7. It shall be lawful for all Parties, being seised, possessed Parties of, or entitled to any such Lands, or any Estate or Interest under Distherein, to sell and convey or release the same to the Promo-abled to sell ters of the Undertaking, and to enter into all necessary and convey. Agreements for that Purpose; and particularly it shall be lawful for all or any of the following Parties, so seised, possessed, or entitled as aforesaid, so to sell, convey, or release; that is to say, all Corporations, Tenants in Tail or for Life, married Women seised in their own Right or entitled to Dower, Guardians, Committees of Lunatics and Idiots, Trustees or Feoffees in Trust for charitable or other Purposes, Executors, and Administrators, and all Parties for the Time being entitled to the Receipt of the Rents and Profits of any such Lands in Possession or subject to any Estate in Dower, or to any Lease for Life, or for Lives and Years, or for Years, or any less Interest; and the Power so to sell and convey or release as aforesaid may lawfully be exercised by all such Parties, other than married Women entitled to Dower, or Lessees for Life, or for Lives and Years, or for Years, or for any less Interest, not only on behalf of themselves, and their respective Heirs, Executors, Administrators, and Successors, but also for and on behalf of every Person entitled in Reversion, Remainder, or Expectancy after them, or in Defeasance of the Estates of such Parties; and as to such married Women, whether they be of full Age or not, as if they were sole and of full Age, and as to such Guardians on behalf of their Wards, and as to such Committees on behalf of the Lunatics and Idiots of whom they are the Committees respectively, and |