in Lands the this or the special Act, or any Act incorporated therewith, they taking emwere authorized to purchase, and which shall be permanently powered to purrequired for the Purposes of the special Act, any Party shall chase Interests appear to be entitled to any Estate, Right, or Interest in or Charge Purchase affecting such Lands which the Promoters of the Undertaking whereof may shall through Mistake or Inadvertency have failed or omitted duly have been omitto purchase or to pay Compensation for, then, whether the Period ted by Mistake. allowed for the Purchase of Lands shall have expired or not, the Promoters of the Undertaking shall remain in the undisturbed Possession of such Lands, provided, within Six Months after Notice of such Estate, Right, Interest, or Charge, in case the same shall not be disputed by the Promoters of the Undertaking, or in case the same shall be disputed, then within Six Months after the Right thereto shall have been finally established by Law in favour of the Party claiming the same, the Promoters of the Undertaking shall purchase or pay Compensation for the same, and shall also pay to such Party, or to any other Party who may establish a Right thereto, full Compensation for the Profits or Interest which would have accrued to such Parties respectively in respect thereof during the Interval between the Entry of the Promoters of the Undertaking thereon and the Time of the Payment of such Purchase Money or Compensation by the Promoters of the Undertaking, so far as such Profits or Interest may be recoverable in Law; and such Purchase Money or Compensation shall be agreed on or awarded and paid in like Manner as according to the Provisions of this Act the same respectively would have been agreed on or awarded and paid in case the Promoters of the Undertaking had purchased such Estate, Right, Interest, or Charge before their entering upon such Land, or as near thereto as Circumstances will admit. How Value of CXVIII. In estimating the Compensation to be given for any such Lands to such last-mentioned Lands, or any Estate or Interest in the same, be estimated. or for any Profits thereof, the Jury, or Arbiters, or Sheriff, as the Case may be, shall assess the same according to what they shall find to have been the Value of such Lands, Estate, or Interest, and Profits, at the Time such Lands were entered upon by the Promoters of the Undertaking, and without regard to any Improvements or Works made in the said Lands by the Promoters of the Undertaking, and as though the Works had not been constructed. or to have the same taking to pay CXIX. In addition to the said Purchase Money, Compensation, Promoters of or Satisfaction, and before the Promoters of the Undertaking shall the Underbecome absolutely entitled to any such Estate, Interest, or Charge, the Expences of merged or extinguished for their Benefit, Litigation as to they shall, when the Right to any such Estate, Interest, or Charge such Lands. shall have been disputed by the Company, and determined in favour of the Party claiming the same, pay the full Expences of any Proceedings at Law or in Equity for the Determination Recovery of the same to the Parties with whom any such Litigation in respect thereof shall have taken place; and such Expences shall, in case the same shall be disputed, be settled by the proper Officer of the Court in which such Litigation took or place. Sale of superfluous Lands. Lands not wanted to be sold, or in de Owners of adjoining Lands. And with respect to Lands acquired by the Promoters of the Undertaking, under the Provisions of this or the special Act, or any Act incorporated therewith, but which shall not be required for the Purposes thereof, be it enacted as follows: CXX. Within the prescribed Period, or if no Period be prescribed within Ten Years after the Expiration of the Time limited fault to vest in by the special Act for the Completion of the Works, the Promoters of the Undertaking shall absolutely sell and dispose of all such superfluous Lands in such Manner as they may deem most advantageous, and apply the Purchase Money arising from such Sales to the Purposes of the special Act, and in default thereof all such superfluous Lands remaining unsold at the Expiration of such Period shall thereupon vest in and become the Property of the Owners of the Lands adjoining thereto in proportion to the Extent of their Lands respectively adjoining the same. Lands to be offered to Owner of Lands from which they were severed, or to adjoining Owners. Right of Preemption to be claimed within Six Weeks. Differences as to Price to be settled by Arbitration. Lands to be CXXI. Before the Promoters of the Undertaking dispose of any such superfluous Lands they shall, unless such Lands be situate within a Town, or be Lands built upon, or be used for building Purposes, first offer to sell the same to the Person then entitled to the Lands (if any) from which the same were originally severed; or if such Person refuse to purchase the same, or cannot, after diligent Inquiry, be found, then the like Offer shall be made to the Person or to the several Persons whose Lands shall imme diately adjoin the Lands so proposed to be sold, such Persons being capable of entering into a Contract for the Purchase of such Lands; and where more than One such Person shall be entitled to such Right of Pre-emption such Offer shall be made to such Persons in succession, one after another, in such Order as the Promoters of the Undertaking shall think fit. CXXII. If any such Persons be desirous of purchasing such Lands, then, within Six Weeks after such Offer of Sale, they shall signify their Desire in that Behalf to the Promoters of the Undertaking; or if they decline such Offer, or if for Six Weeks they neglect to signify their Desire to purchase such Lands, the Right of Pre-emption of every such Person so declining or neglecting, in respect of the Lands included in such Offer, shall cease; and a Declaration in Writing, made before the Sheriff by some Person not interested in the Matter in question, stating that such Offer was made, and was refused, or not accepted within Six Weeks from the Time of making the same, or that the Person or all the Persons entitled to the Right of Pre-emption were out of the Country, or could not, after diligent Inquiry, be found, or were not capable of entering into a Contract for the Purchase of such Lands shall in all Courts be sufficient Evidence of the Facts therein stated. CXXIII. If any Person entitled to such Pre-emption be desirous of purchasing any such Lands, and such Person and the Promoters of the Undertaking do not agree as to the Price thereof, then such Price shall be ascertained by Arbitration, and the Expences of such Arbitration shall be in the Discretion of the Arbiters. CXXIV. Upon Payment or Tender to the Promoters of the conveyed to 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 Purchasers. Undertaking, fluous Lands. Undertaking, if they be a Corporation, or if not a Corporation Sale of super- CXXV. And be it enacted, That in every Conveyance of Lands Effect of Word to be made by the Promoters of the Undertaking under this or "dispone" in the special Act the Word "dispone" shall operate as a Clause Conveyances. of absolute Warrandice 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, to the respective Disponees therein named, and the Successors, Heirs, Executors, Administrators, and Assigns of such Disponees according to the Quality or Nature of such Conveyances, and of the Estate or Interest therein expressed to be thereby conveyed, except so far as the same shall be restrained or limited by express Words contained in such Conveyance. CXXVI. And be it enacted, That the Rights and Titles to be Superiorities granted in manner herein mentioned in and to any Lands taken not to be and used for the Purposes of this Act shall, unless otherwise affected. specially provided for, in nowise affect or diminish the Right of Superiority in the same, which shall remain entire in the Person granting such Rights and Titles; but in the event of the Lands so used or taken being a Part or Portion of other Lands held by the same Owner under the same Titles, the said Company shall not be liable for any Feu Duties or Casualties to the Superiors thereof, nor shall the said Company be bound to enter with the said Superiors: Provided always, that before entering into possession of any Lands full Compensation shall be made to the said Superiors for all Loss which they may sustain by being deprived of any Casualties, or otherwise by reason of any Procedure under this Act. CXXVII. And be it enacted, That if the Promoters of the Land Tax and Undertaking become possessed, by virtue of this or the special Poor's Rate to with the Land Tax, or liable to be assessed to the Poor's Rate Act, or any Act incorporated therewith, of any Lands charged be made good. or Prison Assessment, they shall from Time to Time, until the Works shall be completed and assessed to such Land Tax and Poor's Rate and Prison Assessment, be liable to make good the Deficiency in the several Assessments for Land Tax and Poor's Rate and Prison Assessment by reason of such Lands having been taken or used for the Purposes of the Work; and such the Time of the passing of the special Act; and on Demand of such Lands, with any Building thereon, were valued or rated at Deficiency shall be computed according to the Rental at which such Deficiency the Promoters of the Undertaking or their Treasurer shall pay all such Deficiencies to the Collector of the said moters of the Undertaking think fit to redeem such Land Tax, Assessments respectively; nevertheless, if at any Time the Pro they Notices. Service of Notices upon the Promoters of the Undertaking. Tender of Recovery of Penalties to be summarily recovered before the Sheriff or Two Justices. Penalties to be levied by Poinding and Sale. they may do so, in accordance with the Powers in that Behalf given by the Acts for the Redemption of the Land Tax. And with respect to the giving of Notices, be it enacted as follows: CXXVIII. Any Summons or Notice, or any Writ or other Proceeding at Law or Equity required 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 personally, or transmitted through the Post, directed to the Secretary, or in case there be no Secretary then by being given to the Solicitor of the said Promoters. CXXIX. 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 Authority thereby given, and if, before Action brought in respect thereof, such Party make Tender of sufficient Amends to the Party injured, such lastmentioned Party shall not recover in any such Action; and if such Tender shall have been made it shall be lawful for the Defender, by Leave of the Court where such Action shall be pending, at any Time before the Record is closed 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 Defenders are allowed to pay Money into Court. And with respect to the Recovery of Forfeitures, Penalties, and Expences, be it enacted as follows: CXXX. Every Penalty or Forfeiture imposed by this or the special Act, or any Act incorporated therewith, 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 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 Com plaint; 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 Expences attending the Conviction as such Sheriff or Justices shall think fit. CXXXI. If forthwith upon any such Adjudication as aforesaid the Amount of the Penalty or Forfeiture, and of such Expences as aforesaid, be not paid, the Amount of such Penalty and 4. Expences Penalties. Expences may be levied by Poinding and Sale, and such Sheriff Recovery of CXXXII. If any such Sum shall be payable by the Promoters Poinding, &c. of the Undertaking, and if sufficient Goods of the said Promoters against the cannot be found whereon to levy the same, it may, if the Amount Treasurer. thereof do not exceed Twenty Pounds, be recovered by Poinding and Sale of the Goods of the Treasurer of the said Promoters, and the Sheriff, on Application, shall issue his Warrant accordingly; but no such Poinding and Sale shall be executed 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 Poinding and Sale as aforesaid he may retain the Amount so paid by him, and all Expences occasioned thereby, out of any Money belonging to the Promoters of the Undertaking coming into his Custody or Control, or he may sue the Promoters of the Undertaking for the same. CXXXIII. Where in this or the special Act, or any Act Poinding, &c. incorporated therewith, any Sum of Money, whether in the Nature how to be levied. of Penalty, Expences, 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. a Want of Form. CXXXIV. No Poinding and Sale made by virtue of this or the Poinding not special Act, or any Act incorporated therewith, shall be deemed unlawful for unlawful, nor shall any Party making the same be deemed Trespasser or Wrong-doer, 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. CXXXV. The Sheriff or Justices by whom any such Penalty Application of or Forfeiture shall be imposed, where the Application thereof is Penalties. not otherwise provided for, may award not more than One Half thereof to the Informer, and shall award the Remainder to the Kirk Session, or Treasurer or Collector of the Funds for the Poor, of the Parish in which the Offence shall have been committed for the Benefit of the Poor of such Parish. CXXXVI. No Person shall be liable to the Payment of any Penalties to be Penalty or Forfeiture imposed by virtue of this or the special sued for within 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. CXXXVII. The Sheriff or Justice or Justices before whom Form of Conspecial Act, or any Act incorporated therewith, may cause the any Person shall be convicted of any Offence against this or the viction. Con |