porated therewith, for the Purpose of publishing any Bye Law or used for such Penalty, or shall obliterate any of the Letters or Figures thereon, Publication. he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expences attending the Restoration of such Board. the Sheriff or Two Justices. CXLIX. Every Penalty or Forfeiture imposed by this or the Penalties to be special Act, or by any Bye Law made in pursuance thereof, the summarily recoRecovery of which is not otherwise provided for, may be recovered vered before by summary Proceeding before the Sheriff or Two Justices; and on Complaint being made to any Sheriff or Justice he shall issue an Order requiring the Party complained against to appear before himself, if the Order be issued by a Sheriff, or before Two or more Justices, if the Order be issued by a Justice, at a Time and Place to be named in such Order; and every such Order 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 Order, it shall be lawful for any Sheriff or Two Justices to proceed to the hearing of the Complaint; 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 Sheriff or 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 Sheriff or Justices shall think fit. CL. If forthwith upon any such Adjudication as aforesaid the Penalties to Amount of the Penalty or Forfeiture, and of such Costs as afore- be levied by said, be not paid, the Amount of such Penalty and Costs shall be Distress. levied by Poinding and Sale; and such Sheriff or Justices, or either of them, shall issue his or their Warrant of Poinding and Sale accordingly. Distress. CLL It shall be lawful for any such Sheriff or Justices to order Imprisonment any Offender so convicted as aforesaid to be detained and kept in in default of safe Custody until Return can be conveniently made to the Warrant of Poinding and Sale 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 Sheriff or Justices, 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 Poinding and Sale it shall appear to the Sheriff or Justices, by the Admission of the Offender or otherwise, that no sufficient Poinding and Sale can be had within the Jurisdiction of such Sheriff or Justices whereon to levy such Penalty or Forfeiture, and Costs, he or they may, if he or they think fit, refrain from issuing such Warrant; 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 Sheriff or Justices, then such Sheriff or Justices 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. CLII. Where in this or the special Act, or any Act incor- Distress, &c. ' porated therewith, any Sum of Money, whether in the Nature how to be levied. Recovery of Damages and Penalties. Distress, &c. not unlawful for of Penalty or otherwise, is directed to be levied by Poinding and Sale, such Sum of Money shall be levied by Poinding and Sale of the Goods and Effects of the Party liable to pay the same, and the Overplus arising from the Sale of such Goods and Effects, after satisfying such Sum of Money and the Expences of the Poinding and Sale, shall be returned, on demand, to the Party whose Goods shall have been seized. CLIII. No Poinding and Sale made by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed Want of Form. unlawful, nor shall any Party making the same be deemed a Trespasser or Wrongdoer, on account of any Defect or Want of Form in the Summons, Conviction, Warrant, or other Proceeding relating thereto; but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action before the Sheriff Court. Application of Penalties to be Six Months. CLIV. The Sheriff or Justices by whom any such Penalty or Forfeiture shall be imposed, where the Application thereof is not otherwise provided for, may award not more than One Half thereof to the Informer, and shall award the Remainder to the Kirk Session of the Parish in which the Offence shall have been committed, for the Benefit of the Poor of such Parish. CLV. No Person shall be liable to the Payment of any Penalty sued for within or Forfeiture imposed by virtue of this or the special Act, or any Act incorporated therewith, for any Offence made cognizable before the Sheriff or Justices, unless the Complaint respecting such Offence shall have been made before such Sheriff or some Justice within Six Months next after the Commission of such Offence. CLVI. If, through any Act, Neglect, or Default on account whereof any Person shall have incurred any Penalty imposed by this or the special Act, or any Act incorporated therewith, any Damage to the Property of the Company shall have been committed by such Person, he shall be liable to make good such Damage, as well as to pay such Penalty; and the Amount of such Damage shall, in case of Dispute, be determined by the Sheriff or Justices by whom the Party incurring such Penalty shall have been convicted; and on Nonpayment of such Damages, on demand, the same shall be levied by Poinding and Sale, and such Sheriff or Justices shall issue his or their Warrant accordingly. CLVII. It shall be lawful for any Sheriff or Justice to summon any Person to appear before him as a Witness in any Matter in which such Sheriff or Justice, or Two or more Justices, shall have Jurisdiction, under the Provisions of this or the special Act, or any Act incorporated therewith, 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 Expences, or if any Person appearing shall refuse to be examined upon Oath or to give Evidence before such Sheriff or Justice, or Justices, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence. CLVIII. It shall be lawful for any Officer or Agent of the Company, and all Persons called by him to his Assistance, to seize and detain any Person who shall be found committing any Offence against Recovery of Penalties. against the Provisions of this or the special Act, or any Act incorporated therewith, and whose Name and Residence shall be un- Damages and known to such Officer or Agent, and convey him, with all convenient Despatch, before the Sheriff or a Justice, without any Warrant or other Authority than this or the special Act; and such Sheriff or Justice shall proceed with all convenient Despatch in the Matter of the Complaint against such Offender. CLIX. Any Sheriff to whom any Application is authorized to Proceedings by be made, and before whom any Judicial Proceedings shall in con- Sheriff need not sequence take place or become necessary, under or by virtue of this be in Writing. or the special Act, or any Act incorporated therewith, shall and he is hereby authorized and required summarily to call before him all Parties who appear to him to be interested therein, and to proceed forthwith to hear viva voce, and pronounce Judgment regarding the Matters mentioned in such Application or Proceeding, or to do the several Matters and Things required by this Act to be done by him, without waiting the ordinary Course of the Roll of Causes before him, and without written Pleadings, or a written Record, or reducing any Evidence which may be led by either of the Parties to Writing, unless and except where the said Sheriff shall consider that the Matters mentioned in such Application or Proceedings can with more Advantage be decided with written Pleadings and with a written Record, in which Case he shall proceed to make up a Record, and bring the said Matters to a Conclusion with all convenient Despatch; and the Orders and Judgments of the said Sheriff, when pronounced without a Record, shall be final and conclusive, and not subject to Review by Suspension or Advocation, or to Reduction, on any Ground whatever. CLX The Sheriff or Justice, or Justices, before whom any Form of Person shall be convicted of any Offence against this or the special Conviction. Act, or any Act incorporated therewith, may cause the Conviction to be drawn up according to the Form in the Schedule (G.) to this Act annexed. CLXI. No Proceeding in pursuance of this or the special Act, or any Act incorporated therewith, shall be quashed or vacated for Want of Form, nor shall the same be removed by Suspension or otherwise into any Superior Court. Proceedings not to be quashed for Want of Form. CLXII. In all Cases which may come before any Sheriff Sub- Power of Apstitute under this or the special Act, or any Act incorporated peal to Sheriff. therewith, in which written Pleadings shall have been allowed, and a written Record shall have been made up, and where the Evidence which has been led by the Parties shall have been reduced to Writing, but in no other Case whatever, it shall be competent for any of the Parties thereto, within Seven Days after a final Judgment shall have been pronounced by such Sheriff Substitute, to appeal against the same to the Sheriff of the County, by lodging a Minute of Appeal with the Sheriff Clerk of such County, or his Depute; and the said Sheriff shall thereupon review the Proceedings of the said Sheriff Substitute, and whole Process, and, if he think proper, hear the Parties viva voce thereon, and pronounce Judgment; and such Judgment shall in no Case be subject to Review by Suspension or Advocation, or to Reduction, on any Ground whatever. CLXIII. If Parties allowed Justices to sions, on giving CLXIII. If any Party shall feel aggrieved by any Determinato appeal from tion or Adjudication of any Justice, or Two or more Justices, with respect to 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 Adju dication, 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 unless the Ap pellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties, before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon. Court to make such Order as they think reasonable. Access to special Act. Copies of special Act to be kept and deposited, and allowed to be inspected. 7 W. 4. & 1 Vict. c. 83. CLXIV. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a summary Way, or they may, 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 Adju dication and of the Appeal, as they may think reasonable. 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: CLXV. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act printed by the Printers to Her Majesty, or some of them; and where the Undertaking shall be a Railway, Canal, or other like Undertaking, the Works of which shall not be confined to One Town or Place, shall also within the Space of such Six Months deposit in the Office of each of the Clerks of the Peace of the several Counties into which the Works shall extend, and in the Office of the Town Clerk of every Burgh or City into which, or within One Mile of which, the Works shall extend, a Copy of such special Act, so printed as aforesaid; and the said Clerks of the Peace and Town Clerks shall receive, and they and the Company respectively shall retain, the said Copies of the special Act, and shall permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of certain Plans 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 Par liament. CLXVI. If the Company shall fail to keep or deposit, as hereinep before mentioned, any of the said Copies of the special Act, they shall 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. CLXVII. And be it enacted, That this Act may be amended Alteration of or repealed by any Act to be passed in this Session of Parliament. Act. Company," subject to the Regulations of the said Company. Day of I Sum of in the Year of our Lord SCHEDULE (B.) Form of Transfer of Shares or Stock. of paid to me by do hereby transfer to the said numbered in consideration of the of Share [or Shares] in the Undertaking called "The Company" [or Undertaking called "The Pounds Consolidated Stock in the Part of the Stock standing) in my Name in the Books of the "The Form of Mortgage Deed. 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, Administrators, and Assigns, until the said Sum of together with Interest for the same at the Rate of Pounds, for |