allowed,

appeal to sheriff.

against the same to the sheriff of the county, by lodging a parties may 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 Judgment process, and, if he think proper, hear the parties vivá voce of sheriff thereon, and pronounce judgment; and such judgment not subject shall in no case be subject to review by suspension or adto review. vocation, or to reduction, on any ground whatever.

sessions on

Parties ag163. If any party shall feel aggrieved by any detergrieved by mination or adjudication of any justice, or two or more decision of justices, with respect to any penalty or forfeiture under justices. the provisions of this or the special act, or any act incormay appeal porated therewith, such party may appeal to the general to quarter- 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 adjudication, 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 appellant 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.

giving notice and security.

Court to hear the

order as they think reasonable.

164. At the quarter sessions, for which such notice shall be given, the court shall proceed to hear and deterappeal, and mine the appeal in a summary way, or they may, if they make such 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 adjudication 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:

165. 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

clerks.

works shall extend, and in the office of the town clerk of clerks of every burgh or city into which, or within one mile of the peace which, the works shall extend, a copy of such special act, and townso 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, Inspection. 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 7 W. 4, and the peace for counties, and other persons, to take the 1 Vict.c.83. custody of such documents as shall be directed to be de

posited with them under the standing orders of either house of parliament.

166. If the company shall fail to keep or deposit, as Penalty on hereinbefore mentioned, any of the said copies of the company special act, they shall forfeit twenty pounds for every failing to such offence, and also five pounds for every day after- keep copies. wards during which such copy shall be not so kept or deposited.

167. And be it enacted, That this act may be amended Act may be or repealed by any act to be passed in this session of amended or parliament.

SCHEDULES referred to by the foregoing Act.

A.-Form of Certificate of Share.

"The

Number

THIS is to certify, that A.B. of prietor of the share Number

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

I . sum of

day of

paid to me by do hereby transfer to the said shares], numbered

"The

repealed.

A. Form of certificate of share.

B.

in consideration of the Form of of

transfer of

: shares or

share [or stock.

in the undertaking called

Company" [or

consolidated stock in the undertaking called "The

pounds

Schedules. Company," standing (or 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.]

C.

Form of

mortgage deed.

D. Form of bond.

C.-Form of Mortgage Deed.

"The

Mortgage, Number

Company."
£

"The

By virtue [here name the special act], we,
Company," in consideration of the sum of
pounds 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
pounds, toge-

for

years

ther with interest for the same at the rate of
every one hundred pounds by the year, be satisfied [the
principal sum to be repaid at the end of
from the date hereof (in case any period be agreed upon
for that purpose), at
or any place of payment
other than the principal office of the company]. In wit-
ness whereof, &c. [Here insert the testing clause of
deeds executed in Scotland.]

By virtue of [here name the special act], we, "The
Company," in consideration of the sum of
pounds to us in hand paid by A. B., of

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, ad-
ministrators, or assigns, at
(in case any other
place of payment than the principal office of the company

day of

which will Schedules.

be intended) on the
be in the year one thousand eight hundred and
with a fifth part more of liquidate penalty in case of
failure, together with interest for the same at the rate
pounds per centum per annum, payable half-

of

yearly on the

day of

day of

and

In witness whereof, &c. [Here insert

the testing clause of deeds executed in Scotland.]

E.-Form of Transfer of Mortgage or Bond.

E.

I, A. B., of in consideration of the sum of Form of paid to me by G. H., of

do hereby

transfer of

transfer to the said G. H., his executors, administrators, mortgage and assigns, a certain bond [or mortgage] number.

made by "The bearing date the

the sum of

for securing interest [or, if such dorsement,

transfer be by endorsement, the within security], and all see Schemy right, estate, and interest in and to the money thereby dule to 24 secured [and if the transfer be of a mortgage, and in and & 25 Vict. to the tolls, money, and property thereby assigned]. c. 50.] [Here insert Scotch testing clause, if executed in Scotland, and if executed in England, the form of attestation usual in England].

Company," doth hereby appoint C. D., of
the proxy of the said A. B., in his absence to vote in his
name upon any matter relating to the undertaking pro-
posed at the meeting of the proprietors of the said com-
pany to be held on the
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

before me C., the sheriff, or before us D., E., two of her
majesty's justices of the peace for the county of
[here describe the offence generally, and the time and

riff or justices.

Schedules. 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.

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. [8th May, 1845.]

Preamble. WHEREAS it is expedient to comprise in one general act sundry provisions usually introduced into acts of parliament relative to the acquisition of Lands in Scotland required for undertakings or works of a public nature, and 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,

Act to apply to all un

Be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords dertakings spiritual and temporal, and commons, in this present parin Scotland liament assembled, and by the authority of the same, that authorized this act shall apply to every undertaking in Scotland by acts authorized by any act of parliament which shall hereafter hereafter be passed, and which shall authorize the taking of lands passed. 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:

2. 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