Description, their Successors and Assigns, all [describing the Premises to be conveyed], together with all Ways, Rights, and Appurtenances thereto belonging, and all such Estate, Right, Title, and Interest in and to the same as I am or shall become seised or possessed of, or am by the said Act empowered to convey, to hold the Premises to the said Company [or other Description], their Successors and Assigns, for ever, according to the true Intent and Meaning of the said Act. In witness whereof I have hereunto set my Hand and Seal, the Day of

in the Year of our Lord

I

SCHEDULE (B.)

Form of Conveyance on Chief Rent.

of

in consideration of the

Rent-charge to be paid to me, my Heirs and Assigns as herein-after mentioned, by "The Promoters of the Undertaking" [naming them, incorporated [or constituted] by virtue of the [here name the special Act], do hereby convey to the said Company [or other Description, their Successors and Assigns, all [describing the Premises to be conveyed], together with all Ways, Rights, and Appurtenances thereunto belonging, and all my Estate, Right, Title, and Interest, in and to the same and every Part thereof, to hold the said Premises to the said Company [or other Description], their Successors and Assigns, for ever, according to the true Intent and Meaning of the said Act, they the said Company [or other Description, their Successors and Assigns, yielding and paying unto me, my Heirs and Assigns, one clear yearly Rent of

by equal quarterly for half-yearly, as agreed upon,] Portions henceforth, on the [stating the Days], clear of all Taxes and Deductions. In witness whereof I hereunto set my Hand and Seal,

the

Day of

to wit.

in the Year of our Lord

SCHEDULE (C.)

Form of Conviction.

Be it remembered, That on the

in the Year of our Lord

Day of

A. B. is convicted before

us C., D., Two of Her Majesty's Justices of the Peace for the

County of

and the Time and Place when and where committed], contrary to

[here describe the Offence generally,

the [here
Seals, the Day and Year first above written.
Name the

special Act]. Given under our Hands and

CA P. XIX.

C., D.

An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature in Scotland.

W

ment

[8th May 1845.]

THEREAS it is expedient to comprise in One general Act t relative to the Acquisition of Lands in Scotland required Sundry Provisions usually introduced into Acts of Parlia

Vacancy of Arbiter to be supplied.

Appointment of
Oversman.

Pers

App a Su

the s been witho

Party
Days
in Wi
referr
on the

appoin
Reque
such A

may pi
in disp
single
ΧΧΙ
any Ar

the Par
appoint
the Spac
Party fo
Arbiter
stituted:

as were

Death or
XXV
such Ar

them, no
Oversme
differ, o
this or t
incapabl
pacity a
every su
differ sh
XXV
shall re
Party to

the be lawf

shall preside on the said Inquiry; and the ensation shall be deemed the Pursuer, and h Trials shall be conducted in like Manner and, if either Party so request, the Sheriff or any Seven or more of them, to view the troversy.

Purchase of Lands otherwise than by Agreement.

Sheriff to preside; Jury may view.

on summoned and returned upon any Jury Penalty on Jury al Act, whether common or special, do not for Default. 3 he refuse to make Oath, or in any other lect his Duty, he shall, unless he show reaSatisfaction of the Sheriff, forfeit a Sum not ; and every such Penalty shall be applied Costs of the Inquiry, so far as the same dition to the Penalty hereby imposed, every subject to the same Regulations, Pains, and ry had been returned for the Trial of a rt of Session.

rty so request in Writing, the Sheriff shall any Person considered necessary to be touching the Matters in question.

Witnesses to

be summoned.

duly summoned to give Evidence upon any Penalty on Withom a Tender of his reasonable Expences nesses making fail to appear at the Time and Place speci- default. vithout sufficient Cause, or if any Person, not, who shall appear as a Witness, refuse 1 touching the Subject Matter in question, ing shall forfeit to the Party aggrieved a n Pounds, and, in addition to the Penalty De subject to the same Regulations, Pains, Witness, having been duly summoned, had ng appeared had refused to be examined in

claiming Compensation shall not appear at If the Party
r the Inquiry such Inquiry shall not be make default
out the Compensation to be paid shall be the Inquiry not
ned by a Valuator appointed by the Sheriff to proceed.
provided.

Jury proceed to inquire of and assess the Jury to be
re in respect of which their Verdict is to be sworn.
Oath that they will truly and faithfully
such Compensation or Damage; and the
such Oaths, as well as the Oaths of all
ive Evidence.

1 Inquiry shall relate to the Value of Lands Sums to be paid
o to Compensation claimed for Injury done for Purchase of
ids held therewith, the Jury shall deliver Lands and for
ority of their Number separately for the
id for the Purchase of the Lands required
ny Interest therein belonging to the Party

Damage, to be

assessed sepa

rately.

This Act to apply to all Undertakings authorized by Acts hereafter passed.

Interpretations in this Act:

66 special Act:"

6

' for Undertakings or Works of a public Nature, and the Compen'sation 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 :' Be it therefore 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 Parliament assembled, and by the Authority of the same, That this Act shall apply to every Undertaking in Scotland authorized by any Act of Parliament which shall hereafter be passed, and which shall authorize the taking of Lands for such Undertaking, and this Act shall be incorporated with such Act; and all the 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 other Acts to be incorporated therewith, be it enacted as follows:

II. The Expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed, and which shall authorize the taking of Lands for the Undertaking to which the same relates, and with which this Act shall "prescribed:" 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 "the Works:" in the special Act" had been used; and the Expression" the Works or "the Undertaking' "shall mean the Works or Undertaking, of whatever Nature, which shall by the special Act be "Promoters of authorized to be executed; and the Expression "the Promoters of the Undertaking" shall mean the Parties, whether Company, Undertakers, Commissioners, Trustees, Corporations, or private Persons, by the special Act empowered to execute such Works of Undertaking.

the Under

taking."

Interpretations in this and the

special Act.

Number:

III. And be it enacted, That the following Words and Expres sions 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
Plural Number; and Words importing the Plural Number
only shall include the Singular Number:

Words importing the Masculine Gender only shall include
Females:

Gender:

"Lands:"

"Lease:" "Month:"

The Word "Lands" shall extend to Houses, Lands, Tenements and Heritages of any Description or Tenure :

The Word "Lease" shall include a Missive of Lease:

The

"Lord Ordi

The "Lord Ordinary" shall mean the Lord Ordinary of the
Court of Session in Scotland officiating on the Bills in Time nary:"
of Vacation, or the junior Lord Ordinary, if in Time of
Session, as the Case be:
may

The Word "Oath" shall include Affirmation in the Case of "Oath :"
Quakers, or other Declaration or Solemnity lawfully substi-

tuted 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 Ward or other like “County:"
Division of a County:

The Word "Sheriff" shall include the Sheriff Substitute:

"Sheriff:"

The Word "Justices" shall mean Justices of the Peace acting "Justices:" for the County, City, Liberty, 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, Liberty, or Place, the same shall mean a Justice acting for the County, City, Liberty, 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 or more "Two JusJustices 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

tices:"

such Owner, the Word "Owner" shall be understood to mean " Owner:"
any Person or Corporation, or Trustees or others, who, under
the Provisions of this or the special Aet, would be enabled to
sell and convey Lands to the Promoters of the Undertaking:

The Expression "the Bank" shall mean any one of the incorpo- "the Bank.” rated or chartered Banks in Scotland.

the Act.

of Parliament and in legal Instruments it shall be sufficient to use IV. And be it enacted, That in citing this Act in other Acts Short Title of the Expression "The Lands Clauses Consolidation (Scotland) Act,

1845."

Portions of this Act may be incorporated

V. And whereas it may be convenient in some Cases to in- Form in which corporate 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 with other Acts. 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

shall be incorporated with such Act; and thereupon all the Clauses and Provisions of this Act with respect to the Matter so incorpoby 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

to the Enactment with respect to such Matter)

shall relate.

And