Company," subject to the Regulations of the said Company. Given under the Common Seal of the said Company, the in the Year of our Lord Day of Company" [or Pounds Consolidated Stock in the Company," standing (or in the Undertaking called "The Undertaking called "The Part of the Stock standing) in my Name in the Books of the Company], to hold unto the said his Executors, Administrators, and Assigns [or Successors and Assigns], subject to the several Conditions on which I held the same at the Time of the Execution hereof; and I the said do hereby agree to take the said Share [or Shares] [or Stock], subject to the same Conditions. [Here insert Testing Clause according to the Form of the Law of Scotland, if executed in Scotland, and if executed in England, the Form of Attestation usual in England.] SCHEDULE (C.) Form of Mortgage Deed. "The Mortgage, Number Company." Pounds By virtue [here name the special Act], we, "The Company," in consideration of the Sum of paid to us by A.B. of do assign unto the said A.B., his Executors, Administrators, and Assignees, the said Undertaking [and (in case such Loan shall be in anticipation of the Capital authorized to be raised) all future Calls on Shareholders], and all the Tolls and Sums of Money arising by virtue of the said Act, and all the Estate, Right, Title, and Interest of the Company in the same, to hold unto the said A.B., his Executors, Executors, Administrators, and Assigns, until the said Sum of Pounds, together with Interest for the same at for every One hundred Pounds by the Year, be satisfied [the Principal Sum to be repaid at the Years from the Date hereof (in case any the Rate of or any End of By virtue of [here name the special Act], we “The Company," in consideration of the Sum of to us in hand paid by A.B. of Pounds do bind ourselves and our Successors unto the said A.B., his Executors, Administrators, and Assigns, in the Sum of Pounds, to be repaid to the said A.B., his Executors, Administrators, or Assigns, at (in case any other Place of Payment than the principal Office of the Company be intended) on the Day of hundred and which will be in the Year One thousand eight with a Fifth Part more of liquidate Penalty in case of Failure, together with Interest for the same Pounds per Centum per Annum, pay at the Rate of able half-yearly on the Day of Day of and In witness whereof, &c. [Here insert the Testing Clause of Deeds executed in Scotland.] SCHEDULE (E.) I A.B. of paid by the Form of Transfer of Mortgage or Bond. in consideration of the Sum of G.H. of do hereby transfer made by to the said G.H., his Executors, Administrators, and Assigns, a certain Bond [or Mortgage] Number "The Day of and Company" to bearing Date the for securing the Sum of Interest [or, if such Transfer be by Endorsement, the within Security,] and all my Right, Estate, and Interest in and to the Money thereby secured [and if the Transfer be of a Mortgage, and in and to the Tolls, Money, and Property thereby assigned.] [Here insert Scotch Testing Clause, if executed in Scotland, and if executed in England, the Form of Attestation usual in England.] One of the Proprietors of "The 1 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 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 the Day of Day of One thousand eight hundred and SCHEDULE (G.) Form of Conviction before to wit. BE it remembered, That on the in the Year of our Lord Day of A.B. is convicted before me C., the Sheriff, or before us D., E., 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 my Hand [or under our Hands], the Day and Year first above written. CAP. XVIII. 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 by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment ment assembled, and by the Authority of the same, That this Act to apply to Act shall apply to every Undertaking authorized by any Act all Underwhich shall hereafter be passed, and which shall authorize takings authorized by Acts the Purchase or taking of Lands for such Undertaking, and hereafter to be this Act shall be incorporated with such Act; and all the passed. 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 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 Interpretations to be incorporated therewith, be it enacted as follows: in this Act: II. The Expression "the special Act," used in this Act, "special 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," "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; and the Expression "the Works" or "the Undertaking" shall mean "the Works:" the Works or Undertaking, of whatever Nature, which shall by the special Act be authorized to be executed; and the Expression "the Promoters of the Undertaking" shall mean " Promoters of the Parties, whether Company, Undertakers, Commissioners, the Under. Trustees, Corporations, or private Persons, by the special Act empowered to execute such Works or Undertaking. taking." III. The following Words and Expressions, both in this and Interpretations the special Act, shall have the several Meanings hereby assigned in this and the to them, unless there be something either in the Subject or Context repugnant to such Construction; (that is to say,) special Act: Words importing the Singular Number only shall include the Number : Words importing the Masculine Gender only shall include Gender: The Word "Lands" shall extend to Messuages, Lands, "Lands:" The Word Lease" shall include an Agreement for a "Lease:" Lease: "Month:" The Word "Month" shall mean Calendar Month: The Word" Oath" shall include Affirmation in the Case "Oath :" of Quakers, or other Declaration lawfully substituted for an an Oath in the Case of any other Persons exempted by The Word "County" shall include any Riding or other like The Word" Sheriff" shall include Under Sheriff, or other The Word "Justices" shall mean Justices of the Peace 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 authorized or required to be done by Two Justices, the Expression "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. IV. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient |