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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.]

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

"The

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, togefor

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.]

D.-Form of Bond.

D. Form of

"The

Company."

bond.

Bond, Number

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 be intended) on the

which will Schedules.

of

day of be in the year one thousand eight hundred and with a fifth part more of liquidate penalty in case failure, together with interest for the same at the rate of

yearly on the day of

pounds per centum per annum, payable half

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.

I, A. B., of

E.

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

Company," to

day of

for securing and interest [or, if such transfer be by endorsement, the within security], and all my right, estate, and interest in and to the money thereby secured [and if the transfer be of a mortgage, and in and to the tolls, money, and property thereby assigned]. [Here insert Scotch testing clause, if executed in Scotland, and if executed in England, the form of attestation usual in England].

Α. Β.

F.-Form of Proxy.

one of the proprietors of "The.

or bond.

F. Form of

to be proxy.

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

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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

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A. B. is convicted before she

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 jus

tices.

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.

C

D
E

8 ѴІст. сар. 19.

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.

Interpreta- And with respect to the construction of this act, and other acts to be incorporated therewith, be it enacted as follows:

tions in this act.

act."

2. The expression "the special act" used in this act "Special 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 be so incorporated as aforesaid; and the word "prescribed" used in this act, in reference to "prescribany matter herein stated, shall be construed to refer to ed." 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 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 works." by the special act be authorized to be executed; and the expression "the promoters of the undertaking" shall mean "promoters the parties, whether company, undertakers, commissioners, of the untrustees, corporations, or private persons, by the special dertaking." act empowered to execute such works or undertaking.

"the

3. And be it enacted, that the following words and ex- Interpretapressions 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,)

tions in this and the special

act.

Words importing the singular number only shall include the plural number; and words importing the Number. plural number only shall include the singular number.

Words importing the masculine gender only shall in- Gender. clude females:

The word "lands" shall extend to houses, lands, tene- "Lands." ments, and heritages of any description or tenure :

The word "lease" shall include a missive of lease:

The word "month" shall mean calendar month:

"Lease."

"Month."

The "lord ordinary" shall mean the lord ordinary of "Lord Orthe court of session in Scotland officiating on the dinary."

bills in time of vacation, or the junior lord ordinary,

if in time of session, as the case may be :

The word "oath" shall include affirmation in the case "Oath." of quakers, or other declaration or solemnity lawfully substituted 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 "County."
like division of a county:

The word "sheriff" shall include the sheriff substitute: "Sheriff"
The word "justices" shall mean justices of the peace "Justices."
acting 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,

Interpretations in this and the special

act.

"Two justices."

"Owner."

"The

bank."

Short title

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 justices 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 such owner, the word "owner" shall be understood to mean any person or corporation, or trustees, or others, who, under the provisions of this or the special act, would be enabled to sell and convey lands to the promoters of the undertaking:

The expression "the bank" shall mean any one of the incorporated or chartered banks in Scotland.

4. And be it enacted, That in citing this act in other

of the act. acts of parliament and in legal instruments, it shall be sufficient to use the expression "The Lands Clauses Consolidation (Scotland) Act, 1845."

Form in

5. And whereas it may be convenient in some cases to which por- incorporate with acts of parliament hereafter to be passed tions of this some portion only of the provisions of this act; be it thereact may be fore enacted, that for the purpose of making any such inincorporated with other acts.

Purchase

of lands by agree

corporation 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 to the enactment with respect to such matter) shall be incorporated with such act; and thereupon all the clauses and provisions of this act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by 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 shall relate.

And with respect to the purchase of lands by agreement, be it enacted as follows:

6. Subject to the provisions of this and the special act, it shall be lawful for the promoters of the undertaking to Promoters agree with the owners of any lands by the special act authorized to be taken, and which shall be required for the chase by purposes of such act, and with all parties having any right agreement or interest in such lands, or by this or the special act enabled to sell and convey the same, for the absolute pur

ment.

may pur

lands au

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