Lands to be conveyed to the Purchasers. "Grant;" Effect of the Word in Convey. ances. Costs of such Arbitration shall be in the Discretion of the 131. Upon Payment or Tender to the Promoters of the Undertaking, of the Purchase Money so agreed upon or determined as aforesaid, they shall convey such Lands to the Purchasers thereof, by Deed under the Common Seal of the Promoters of the Undertaking, if they be a Corporation, or if not a Corporation under the Hands and Seals of the Promoters of the Undertaking or any Two of the Directors or Managers thereof acting by the Authority of the Body; and a Deed so executed shall be effectual to vest the Lands comprised therein in the Purchaser of such Lands, for the Estate which shall so have been purchased by him; and a Receipt under such Common Seal, or under the Hands of Two of the Directors or Managers of the Undertaking as aforesaid, shall be a sufficient Discharge to the Purchaser of any such Lands, for the Purchase Money in such Receipt expressed to be received. 132. In every Conveyance of Lands to be made by the Promoters of the Undertaking under this or the special Act the Word "Grant" shall operate as express Covenants by the Promoters of the Undertaking, for themselves and their Successors, or for themselves, their Heirs, Executors, Administrators, and Assigns, as the Case may be, with the respective Grantees therein named, and the Successors, Heirs, Executors, Administrators, and Assigns of such Grantees, according to the Quality or Nature of such Grants, and of the Estate or Interest therein expressed to be thereby conveyed, as follows, except so far as the same shall be restrained or limited by express Words contained in any such Conveyance; that is to say, A Covenant that, notwithstanding any Act or Default done A Covenant that the Grantee of such Lands, his Heirs, the Case may be,) shall quietly enjoy the same against A Covenant for further Assurance of such Lands, at the And all such Grantees, and their several Successors, Heirs, Executors, Administrators, and Assigns, respectively, according to their respective Quality or Nature, and the Estate or Interest in such Conveyance expressed to be conveyed, may in all Actions brought by them assign Breaches of Covenants, as they might do if such Covenants were expressly inserted in such Conveyances. and Poor's ments to be 133. And be it enacted, That if the Promoters of the Under- Land Tax taking become possessed, by virtue of this or the special Act Rate. or any Act incorporated therewith, of any Lands charged with Depreciation the Land Tax, or liable to be assessed to the Poor's Rate, they of assessshall from Time to Time, until the Works shall be completed made good: and assessed to such Land Tax or Poor's Rate, be liable to make good the Deficiency in the several Assessments for Land Tax and Poor's Rate by reason of such Lands having been taken or used for the Purposes of the Works; and such Deficiency shall be computed according to the Rental at which such Lands, with any Building thereon, were valued or rated at the Time of the passing of the special Act; and on Demand of such Deficiency, the Promoters of the Undertaking, or their Treasurer, shall pay all such Deficiencies to the Collector of the said Assessments respectively; nevertheless, if at any with power Time the Promoters of the Undertaking think fit to redeem to redeem such Land Tax, they may do so, in accordance with the Powers in that Behalf given by the Acts for the Redemption of the Land Tax. Land Tax. Notices, &c. 134. And be it enacted, That any Summons or Notice, or Service of any Writ or other Proceeding at Law or in Equity, requiring upon Com pany. Damages. Tender of Recovery of Penalties to be sum marily recovered before Two Justices: Summons to be served upon the Promoters of the Undertaking, may be served by the same being left at or transmitted through the Post directed to the principal Office of the Promoters of the Undertaking, or One of the principal Offices where there shall be more than One, or being given or transmitted through the Post directed to the Secretary, or in case there be no Secretary the Solicitor of the said Promoters. 135. And be it enacted, That if any Party shall have committed any Irregularity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or any Act incorporated therewith, or by virtue of any Power or Autho rity thereby given, and if, before Action brought in respect thereof, such Party make Tender of sufficient Amends to the Party injured, such last-mentioned Party shall not recover in any such Action; and if no such Tender shall have been made, it shall be lawful for the Defendant, by Leave of the Court where such Action shall be pending, at any Time before Issue joined, to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court. And with respect to the Recovery of Forfeitures, Penalties, and Costs, be it enacted as follows: 136. Every Penalty or Forfeiture imposed by this or the special Act, or by any Bye-law made in pursuance thereof, the Recovery of which is not otherwise provided for, may be recovered by Summary Proceeding before Two Justices; and on Complaint being made to any Justice, he shall issue a Summons requiring the Party complained against to appear before Two Justices at a Time and Place to be named in such Summons; and every such Summons shall be served on the and Service; Party offending, either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence after Proof of the due Service of such Summons, it shall be lawful for any Two Justices to proceed to the Hearing of the Complaint, and that although no Information in Writing or in Print shall have been exhibited before them; and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Costs attending the Conviction as such Justices shall think fit. Costs. 137. If, forthwith upon any such Adjudication as aforesaid, Penalties to the Amount of the Penalty or Forfeiture, and of such Costs as be levied by aforesaid, be not paid, the Amount of such Penalty and Costs shall be levied by Distress; and such Justices or either of them shall issue their or his Warrant of Distress accordingly. Distress. levied. 138. Where in this or the special Act, or any Act incor- Penalties porated therewith, any Sum of Money, whether in the Nature how to be of Penalty, Costs, or otherwise, is directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money, and the Expenses of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained. 139. The Justices by whom any such Penalty or Forfeiture Application shall be imposed, may, where the Application thereof is not otherwise provided for, award not more than One Half thereof to the Informer, and shall award the Remainder to the Overseers of the Poor of the Parish in which the Offence shall have been committed, to be applied in aid of the Poor's Rate of such Parish; or if the Place wherein the Offence shall have been committed shall be extra-parochial, then such Justices shall direct such Remainder to be applied in aid of the Poor's Rate of such extra-parochial Place, or if there shall not be any Poor's Rate therein, in aid of the Poor's Rate of any adjoining Parish or District. Treasurer. 140. If any such Sum shall be payable by the Promoters Distress of the Undertaking, and if sufficient Goods of the said Pro- against the moters cannot be found whereon to levy the same, it may, if the Amount thereof do not exceed Twenty Pounds, be recovered by Distress of the Goods of the Treasurer of the said In Ireland, the Poor Rate is assessed and levied, not upon the Parish, but upon the Electoral Division, which is the area of rating. Where Parishes and Electoral Divisions are not coterminous (and they rarely are,) the Penalty will, under this provision, be applicable in aid of the portion of the Electoral Division or Divisions composing the parish. Distress not unlawful for Promoters, and the Justices aforesaid, or either of them, on Application, shall issue their or his Warrant accordingly; but no such Distress shall issue against the Goods of such Treasurer unless Seven Days previous Notice in Writing, stating the Amount so due, and demanding Payment thereof, have been given to such Treasurer, or left at his Residence; and if such Treasurer pay any Money under such Distress as aforesaid, he may retain the Amount so paid by him, and all Costs and Expenses occasioned thereby, out of any Money belonging to the Promoters of the Undertaking coming into his Custody or Control, or he may sue them for the same. 141. No Distress levied by virtue of this or the special Informality. Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case. Penalties to be sued for within Six Months. Justice may summon Witnesses; Oath; Penalty. 142. No Person shall be liable to the Payment of any Penalty or Forfeiture imposed by virtue of this or the special Act, or any Act incorporated therewith, for any Offence made cognizable before a Justice, unless the Complaint respecting such Offence shall have been made before such Justice within Six Months next after the Commission of such Offence. 143. It shall be lawful for any Justice to summon any Person to appear before him as a Witness in any Matter in which such Justice shall have Jurisdiction under the Provisions of this or the special Act, at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expenses, or if any Person appearing shall refuse to be examined upon Oath, or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence". And under § 149, false Evidence is punishable as Perjury (p. 298.) |