Profits of every such Refusal or wilful Neglect, and the further Sum of Ten Pounds for every Day such Refusal or wilful Neglect shall the Company. continue after the Expiration of the said Seven Days, such respective Penalties to be recovered by any Person who will sue for the same, with full Costs of Suit, in any of the Superior Courts. made up by Peace in Eng XXXVIII. And with respect to the yearly Receipt and Annual AcExpenditure of the Undertakers, be it enacted, That the Under- count to be takers shall, in each Year after they have begun to supply Gas Undertakers, under the Provisions of this or the special Act, cause an Ac- and sent to the count in abstract to be prepared of the total Receipts and Clerk of the Expenditure of all Rents or Funds levied under the Powers of land or Ireland, this or the special Act for the Year preceding, under the several or to the Sheriff distinct Heads of Receipt and Expenditure, with a Statement Clerk in Scotland, and to be of the Balance of such Account, duly audited and certified by open to Inspecthe Chairman of the Undertakers, and also by the Auditors tion. thereof, if any; and a Copy of such annual Account, if the Gasworks be situated in England or Ireland, shall be transmitted, free of Charge, to the Clerk of the Peace for the County in which the Gasworks are situate, and if the Gasworks be situated in Scotland, such Copy shall be transmitted, free of Charge as aforesaid, to the Sheriff Clerk of such County, and such Transmission shall be made on or before the Thirty-first Day of January in each Year, under a Penalty of Twenty Pounds for each Default; and the Copy of such Account so sent to the said Clerk of the Peace or Sheriff Clerk shall be kept by him, and shall be open to Inspection by all Persons at all seasonable Hours, on Payment of One Shilling for each Inspection. XXXIX. And with respect to Tender of Amends, be it Tender of enacted, That if any Person shall have committed any Irregu- Amends. larity, 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 Person make Tender of sufficient Amends to the Party injured, such lastmentioned Party shall not recover in any such Action; and if no such Tender have been made the Defendant may, by Leave of the Court where such Action is pending, at any Time before Issue joined, pay into Court such Sum of Money as he thinks fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court. And with respect to the Recovery of Damages not specially provided for, and of Penalties, and to the Determination of any other Matter referred to Justices or to the Sheriff, be it enacted as follows: Recovery of Damages and solidation Act, XL. If the Gasworks be in England or Ireland, the Clauses The Railways of the Railways Clauses Consolidation Act, 1845, with respect Clauses Conto the Recovery of Damages not specially provided for, and of 1845, as to DaPenalties, and to the Determination of any other Matter re- mages, &c., to ferred to Justices, shall be incorporated with this and the special be incorpoAct; rated with this Act. and the special Act; and if the Gasworks be in Scotland, the Clauses of the Railways Clauses Consolidation Act (Scotland), 1845, with respect to the Recovery of Damages not specially provided for, and to the Determination of any other Matter referred to the Sheriff or to Justices, shall be incorporated with this and the special Act, and such Clauses shall apply to the Gasworks and to the Undertakers respectively, and shall be construed as if the Word "Undertakers" had been inserted therein instead of the Word "Company." In Ireland Part of Penalties to be paid to Guardians of Unions. All Things required to be done by Two Justices in Eng land and Ire, land may, in certain Cases, be done by One, and in Scotland by the Sheriff, &c. Penalties, &c. imposed in respect of Of fences committed within the Metropolitan Police District Receiver, and XLI. Provided always, That in Ireland, in the Case of any Penalty imposed by Justices, where the Application is not otherwise provided for, such Justices may award not more than One Half of such Penalty to the Informer, and shall award the Remainder to the Guardians of the Poor of the Union within which the Offence shall have been committed, to be applied in aid of the Poor Rates of such Union. XLII. All Things herein, or in the special Act or any Act incorporated therewith, authorized or required to be done by Two Justices, may and shall be done in England and Ireland by any One Magistrate having by Law Authority to act alone for any Purpose with the Powers of Two or more Justices, and in Scotland by the Sheriff or Steward of any County, Stewartry, or Ward, or his Substitute. XLIII. Every Penalty or Forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any Bye Law in pursuance thereof, in respect of any Offence which shall take place within the Metropolitan Police District, shall be recovered, enforced, accounted for, and, except where the Application thereof is otherwise specially provided for, shall be paid to the Receiver of the Metropolitan Police District, and shall be applied in the same Manner as Penalties or Forfeitures other than Fines upon drunken Persons, or upon Constables for Misconduct, or for Assaults upon Police Constables are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the Third Year of the Reign of Her present Majesty, intituled An Act for regulating the Police Courts in the Metropolis; and every Order or Conviction of any of the Police Magistrates in respect of any such Forfeiture or Penalty shall be subject to the like Appeal, and upon the same Terms, as is provided in respect of any Order or Conviction of any of the said Police Magistrates by the said last-mentioned Act; and every Magistrate by whom any Order or Conviction shall have been made shall have the same Power of binding over the Witnesses who shall have been examined; and such Witnesses shall be entitled to the same Allowance of Expences as they would have had or been entitled to in case the Order, Conviction, and Appeal had been made in pursuance of the Provisions of the said last-mentioned Act. Persons giving XLIV. Every Person, who, upon any Examination upon false Evidence Oath under the Provisions of this or the special Act, or any ties of Perjury. Act incorporated therewith, shall wilfully and corruptly give liable to Penal false false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury. And with respect to Access to the special Act, be it enacted Access to special as follows: Act. of the Peace, XLV. The Undertakers shall at all Times, after the Expi- Copies of special ration of Six Months after the passing of the special Act, keep Act to be kept by Undertakers in their principal Office of Business a Copy of the special Act, in their Office, printed by the Printers to Her Majesty, or some of them, and and deposited shall also within the Space of such Six Months deposit in the with the Clerks Office of the Clerk of the Peace in England or Ireland, and &c., and be open of the Sheriff Clerk in Scotland, of the County in which the to Inspection. Undertaking is situated, a Copy of such special Act, so printed as aforesaid; and the said Clerk of the Peace and Sheriff Clerk shall receive, and they and the Undertakers respectively shall keep, 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 7 W. 4. & 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 Parliament. 1 Vict. c. 83. Undertakers XLVI. If the Undertakers fail to keep or deposit, as herein- Penalty on before mentioned, any of the said Copies of the special Act, they failing to keep shall forfeit Twenty Pounds for every such Offence, and also or deposit such Five Pounds for every Day afterwards during which such Copies. Copy shall be not so kept or deposited. Provisions of XLVII. And be it enacted, That nothing in this Act con- Undertakers not tained shall be deemed to exempt the Undertakers from the exempt from the Provisions of an Act passed in the Fifty-seventh Year of the 57 G. 3. c. xxix., Reign of His late Majesty King George the Third, intituled or from the An Act for better paving, improving, and regulating the Streets Lawsregulating of the Metropolis, and removing and preventing Nuisances and Obstructions therein, or from the Laws of Sewers for the Time being in force within Ten Miles from the Royal Exchange in the City of London. Sewers. Act to affect the XLVIII. And be it enacted, That nothing in this or the Nothing in this special Act shall be deemed to extend to or affect any Act of or the special Parliament relating to Her Majesty's Duties of Customs or Rights of the Excise, or any other Revenue of the Crown, or to extend to Crown. or affect any Claim of Her Majesty in right of Her Crown or otherwise howsoever, or any Proceedings at Law or in Equity, by or on behalf of Her Majesty, in any Part of the United Kingdom of Great Britain and Ireland. from Provisions XLIX. And be it enacted, That nothing herein or in the Undertakers special Act contained shall be deemed to exempt the Under- not exempted takers from any general Act relating to Gasworks, or any of any future Act for improving the sanatory Condition of Towns and popu- general Act. lous Districts, which may be passed in the same Session in which Act may be amended, &c. which the special Act is passed, or any future Session of Parliament. L. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. 6 6 CAP. XVI. An Act for consolidating in One Act certain Provisions usually contained in Acts with respect to the Constitution and Regulation of Bodies of Commissioners appointed for carrying on Undertakings of a public Nature. [23d April 1847.] WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parlia⚫ment authorizing the Execution of Undertakings of a public Nature by Bodies of Commissioners, Trustees, or other Persons, not being Joint Stock Companies, and that as well for 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 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 Extent of Act. by the Authority of the same, That this Act shall extend only to such Undertakings or Commissioners as shall be authorized or constituted by any Act of Parliament hereafter to be passed, which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Commissioners constituted by such Act and to the Undertaking for carrying on which such Commissioners shall be constituted, so far as the same shall be applicable thereto respectively; and such Clauses, with the Clauses of every other Act which shall be incorporated therewith, shall, save as aforesaid, form Part of such Act, and be construed therewith as forming One Act. Interpretations in this Act: "the special Act:" 66 And with respect to the Construction of this Act, and any Act 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, constituting a Body of Commissioners as herein-after defined for the Purpose of carrying on any Undertaking, and with which 'prescribed:" this Act shall be incorporated; and the Word "prescribed" "the Undertaking :" 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 occurs 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 Undertaking" shall mean the Undertaking or Works, of of whatever Nature, which shall by the special Act be authorized to be executed or carried on; and the Expression "the Com- "the Commismissioners," shall mean the Commissioners, Trustees, Under- sioners." takers, or other Persons or Body Corporate constituted by the special Act, or thereby intrusted with Powers for executing the Undertaking. III. The following Words and Expressions, both in this and Interpretations the special Act, and any Act incorporated therewith, shall have in this and the the several Meanings hereby assigned to them, unless there be special Act: something in the Subject or the Context repugnant to such Construction; (that is to say,) Words importing the Singular Number only shall include the Number: Words importing the Masculine Gender only shall include Gender : The Word "Person" shall include a Corporation, whether "Person :" aggregate or sole: "Month:" The Word "Lands" shall extend to Messuages, Lands, Tene- "Lands:" ments, and Hereditaments or Heritages of any Tenure: The Word "Month" shall mean Calendar Month: The Expression "Superior Courts," where the Matter sub- "Superior mitted to the Cognizance of the Court arises in England Courts:" or Ireland, shall mean Her Majesty's Superior Courts of Record at Westminster or Dublin, as the Case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster and the Court of Pleas of the County of Durham; and where such Matter arises in Scotland shall mean the Court of Session: The Word "Oath" shall include Affirmation in the Case of "Oath:" Quakers, and any Declaration lawfully substituted for an Oath in the Case of any other Persons allowed by Law to make a Declaration instead of taking an Oath: The Word" County" shall include Riding or other Division “County: ' of a County having a separate Commission of the Peace, and in Scotland Stewartry, and any Ward or other Division of a County or Stewartry having a separate Sheriff, and it shall also include County of a City or County of a Town: The Word" Justice" shall mean Justice of the Peace act- "Justice:" ing for the Place where the Matter requiring the Cognizance of any such Justice arises; and where any Matter is authorized or required to be done by Two Justices, the Expression "Two Justices" shall be understood to mean "Two JusTwo or more Justices met and acting together: The Word" Sheriff" shall mean the Sheriff Depute of "Sheriff:" the County or Ward of a County in Scotland and the Steward Depute of the Stewartry in Scotland in which any Matter submitted to the Cognizance of the Sheriff arises, and shall include the Substitutes of such Sheriff Depute and Steward Depute respectively: tices :" The Expression Quarter Sessions" shall mean Quarter "Quarter Sessions as defined in the special Act; and if such Ex- Sessions:" pression |