Appendix 8 Vic. c. 20. "Lands:" "Lease :" "Toll:" "Goods :" "Month:" .. Superior Courts:" "Oath :" "County:" "The Sheriff :" "The Clerk of the Peace :" "Justice :" The Word "Lands" shall include Messuages, Lands, Tenements, The Word "Lease" shall include an Agreement for a Lease: The Word "Goods" shall include Things of every Kind conveyed The Word" Month" shall mean Calendar Month: The Expression "Superior Courts" shall mean Her Majesty's Superior Courts of Record at Westminster or Dublin, as the Case may require : The Word "Oath" shall include Affirmation in the 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 include County of a City or County of a Town: The Word" Sheriff" shall include Under Sheriff or other legally competent Deputy; and where any Matter in relation to any Lands is required to be done by any Sheriff or Clerk of the Peace, the Expression "the Sheriff," or the Expression "the Clerk of the Peace," shall in such Case be construed to mean the 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 "Justice" shall mean Justice of the Peace 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; (a.) 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 (a.) As the Common Lodging Houses Act is not incor; orated with the Local Act, the enabling section 127 ante, page 175 may not apply to Justices acting under this Act. As to the recovery Penalties against Regulations made under the Lodging Houses Act, see section 10, page 219, ante. of shall not be interested in such Matter; and where any Matter shall Appendix be authorized or required to be done by Two Justices, the Ex. 8 Vic. c. 20. pression "Two Justices" shall be understood to mean Two Jus tices assembled and acting together: "Owner:" Where under the Provisions of this or the special Act any Notice "Two Justices:" 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 Company or Party "The Company:" which shall be authorized by the special Act to construct the Railway: The Expression" the Railway" shall mean the Railway and Works "The Railway :" by the special Act authorized to be constructed: Trade" The Expression "the Board of Trade" shall mean the Lords of the "Board of Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations: The Expression "the Bank" shall mean the Bank of England, where "The Bank :" 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 : Road," Ireland: The Expression "Turnpike Road" shall, when applied to any Road "Turnpike in Ireland, include any Road upon which Her Majesty's Mails are or shall be carried in Mail Carriages; or such other Roads as the Commissioners of Public Works in Ireland shall consider to require Arches of greater Width or Height than by this Act is required for public Carriage Roads : Ireland: the Poor," The Expression "Surveyor," applied to a Road or Highway, shall, "Surveyor," as to Railways in Ireland, include the County Surveyor : The Expression "Overseers of the Poor," when applied to Ireland, "Overseers of shall include the Poor Law Guardians of the Electoral Division Ireland. and the Clerk of the Guardians of the Union through which such Railway may pass. IV. And be it enacted, That in citing this Act in other Acts of Par- Short Title of liament, and in legal Instruments, it shall be sufficient to use the Ex- the Act. pression "The Railways Clauses Consolidation Act, 1845." Act may be in V. And whereas it may be convenient, in some Cases, to incorporate Form in which with Acts hereafter to be passed some Portion only of the Provisions Portions of this 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 corporated in Acts. No. 4. Appendix that the Clauses of this Act with respect to the Matter so proposed to 8 Vic. c. 20. 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. Recovery of Damages and Penalties. Provision for Damages not otherwise provided for. Distress against the Treasurer. Method of Pro- Damages, &c. And with respect to the Recovery of Damages not specially provided for, and of Penalties, and to the Determination of any other Matter referred to Justices, be it enacted as follows: CXL. In all Cases where any Damages, Costs, or Expences are by this or the special Act, or any Act incorporated therewith, directed to be paid, and the Method of ascertaining the Amount or enforcing the Payment thereof is not provided for, such Amount, in case of Dispute, shall be ascertained and determined by Two Justices; and if the Amount so ascertained be not paid by the Company or other Party liable to pay the same within Seven Days after Demand, the Amount may be recovered by Distress of the Goods of the Company or other Party liable as aforesaid; and the Justices by whom the same shall have been ordered to be paid, or either of them, or any other Justice, on Application, shall issue their or his Warrant accordingly. CXLI. If sufficient Goods of the Company cannot be found whereon to levy any such Damages, Costs, and Expences payable by the Company, the same may, if the Amount thereof do not exceed Twenty Pounds, be recovered by Distress of the Goods of the Treasurer of the Company; 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 Cost and Expences occasioned thereby, out of any Money belonging to the Company, coming into his Custody or Control, or he may sue the Company for the same. CXLII. Where in this or the special Act any Question of Compensation, Expences, Charges, or Damages, or other Matter, is referred to the Determination of any One Justice or more, it shall be lawful for any Justice, upon the Application of either Party, to summon the other Party to appear before One Justice, or before Two Justices, as the Case may require, at a Time and Place to be named in such Sum mons; and upon the Appearance of such Parties, or in the Absence of any of them, upon Proof of due Service of the Summons, it shall 8 be lawful for such One Justice, or such Two Justices, as the Case may be, to hear and determine such Question, and for that Purpose to examine such Parties or any of them, and their Witnesses, on Oath; and the Cost of every such Inquiry shall be in the Discretion of such Justices, and they shall determine the Amount thereof. Appendix Penalties. CXLIII. The Company shall publish the short Particulars of the Publication of several Offences for which any Penalty is imposed by this or the special Act, or by any Bye Law of the Company affecting other Persons than the Shareholders, Officers, or Servants of the Company, and of the Amount of every such Penalty, and shall cause such Particulars to be painted on a Board, or printed upon Paper and pasted thereon, and shall cause such Board to be hung up or affixed on some conspicuous Part of the principal Place of Business of the Company, and where any such Penalties are of local Application shall cause such Boards to be affixed in some conspicuous Place in the immediate Neighbourhood to which such Penalties are applicable or have reference; and such Particulars shall be renewed as often as the same or any Part thereof is obliterated or destroyed; and no such Penalty shall be recoverable unless it shall have been published and kept published in the Manner herein-before required. facing Boards Publication. CXLIV. If any Person pull down or injure any Board put up or Penalty for deaffixed as required by this or the special Act for the Purpose of pub- used for such lishing any Bye Law or Penalty, or shall obliterate any of the Letters or Figures thereon, he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expences attending the Restoration of such Board. summarily re Two Justices. CXLV. Every Penalty or Forfeiture imposed by this or the special Penalties to be Act, or by any Bye Law made in pursuance thereof, the Recovery of covered before 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 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, Appendix and No. 4. upon such Conviction to adjudge the Offender to pay the Penalty 8 Vic. c. 20. or Forfeiture incurred, as well as such Costs attending the Conviction as such Justices shall think fit. Penalties to be levied by Dis tress. Imprisonment in default of Distress. Distress how to be levied. Distress not unlawful for Want of Form. CXLVI. If forthwith upon any such Adjudication as aforesaid the Amount of the Penalty or Forfeiture, and of such Costs as 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. CXLVII. It shall be lawful for any such Justice to order any Offender so convicted as aforesaid to be detained and kept in safe Custody until Return can be conveniently made to the Warrant of Distress to be issued for levying such Penalty or Forfeiture and Costs, unless the Offender give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction of the Justice, for his Appearance before him on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Distress it shall appear to the Justice, by the Admission of the Offender or otherwise, that no sufficient Distress can be had within the Jurisdiction of such Justice whereon to levy such Penalty or Forfeiture and Costs, he may, if he thinks fit, refrain from issuing such Warrant of Distress; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall by Warrant cause such Offender to be committed to Gaol, there to remain without Bail for any Term not exceeding Three Months, unless such Penalty or Forfeiture and Costs be sooner paid and satisfied. CXLVIII. Where in this or the special Act, or any Act incorporated therewith, any Sum of Money, whether in the Nature of Penalty 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 Expences of the Distress and Sale, shall be returned, on demand, to the Party whose Goods shall have been distrained. CXLIX. No Distress levied by virtue of this or the special 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. |