open to Inspection by all Persons at all seasonable Hours, on Payment of One Shilling for each Inspection. [XXXIX. Tender of Amends. Repealed by Statute Law Re vision Act, 1894.] 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: XL. If the Gasworks be in England or Ireland, the Clauses of the Railways Clauses Consolidation Act, 1845, 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, shall be incorporated with this 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." [XLI. As to payment of penalties in Ireland. Repealed by Statute Law Revision Act, 1875.] 10 Vict., Cap. 15. Recovery of Damages and Penalties. The Railways Clauses Con1845, as to Damages, &c. to be incorporated with special Act. solidation Act, this and the All Things re- Justices in in certain the Sheriff, &c. 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 ** * (a) of any County, * * * (a) * * * (b) or his Substitute. XLIII. Every Penalty or Forfeiture imposed by this Penalties, or the Special Act, or any Act incorporated therewith, or &c. imposed by any Byelaw in pursuance thereof, in respect of any in respect of Offence which shall take place within the Metropolitan O Offences Police District, shall be recovered, enforced, accounted within the for, and, except where the Application thereof is other- Metropolitan wise specially provided for, shall be paid to the Receiver Police Disof 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 (a) (b) Words omitted repealed by Statute Law Revision Acts, viz.: (a) 1891, (b) 1894. E committed trict, to be paid to the Receiver, and applied under 2 & 3 Vict. c. 71. 10 Vict., Cap. 15. Persons giving false Evidence liable to Penalties of Perjury. Access to Special Act. Copies of Special Act to be kept by Undertakers in their Office, and deposited with the Clerks of the Peace, &c., and be open to Inspection. 7 W. 4. & i Vict. c. 83. 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 regu lating 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 Expenses 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 lastmentioned Act. XLIV. Every Person who, upon any Examination upon Oath under the Provisions of this or the Special Act, or any Act incorporated therewith, shall wilfully and corruptly give 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 as follows: XLV. The Undertakers 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 shall also, within the Space of such Six Months deposit in the Office of the Clerk of the Peace in England or Ireland, and of the Sheriff Clerk in Scotland, of the County in which the 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 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." (a) (a) Short Title, "The Parliamentary Documents Deposit Act, 1837." See Short Titles Act, 1896, s. 1. XLVI. If the Undertakers fail to keep or deposit as herein-before mentioned any of the said Copies of the Special Act, they shall forfeit Twenty Pounds for every such Offence, and also Five Pounds for every Day afterwards during which such Copy shall be not so kept or deposited. XLVII. And be it enacted, That nothing in this Act contained shall be deemed to exempt the Undertakers from the Provisions of an Act passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled "An Act for better paving, improving, and regulating the Streets of the Metropolis, and removing and preventing Nuisances and Obstructions therein," (a) or from the Laws of Sewers for the Time being in force within Ten Miles from the Royal Exchange in the City of London. XLVIII. (b) Nothing in this or the Special Act shall be deemed to extend to or affect any Act of Parliament relating to Her Majesty's Duties of Customs or Excise, or any other Revenue of the Crown, or to extend to 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. XLIX. (6) Nothing herein or in the Special Act contained shall be deemed to exempt the Undertakers from any General Act relating to Gasworks, or any Act for improving the sanitary Condition of Towns and populous Districts which may be passed in the same Session in which the Special Act is passed, or any future Session of Parliament. [L. Act may be amended, &c. Revision Act, 1875.] Repealed by Statute Law (a) For provisions of such Act as to laying of pipes, see politan Paving Act, 1817," pp. 1-10. "" Metro (b) Introductory words omitted repealed by Statute Law Revision Act, 1891. Extent of Act. Interpreta- in Acts authorizing the making of Waterworks for supplying Towns with Water. (a) [23rd April 1847. [Preamble and introductory words to s. I repealed by Statute Law Revision Act, 1891.] [I.] This Act shall extend only to such Waterworks as shall be authorized 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 Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act. 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 authorizing the Construction of Waterworks, and with which this Act shall be incorporated; "prescribed:" 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 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 Lands and Streams" shall mean the Lands and Streams of Water which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression "the Undertaking" shall mean the Waterworks, and the Works connected therewith, by the "the Lands and Streams:" the Undertaking :" (a) Short Title, The Waterworks Clauses Act, 1847." See S. 4. 10 Vict., Cap. 17. "the Under takers." Interpretations in this and the special special Act authorized to be constructed; and the Ex- Act: Number: The Word "Person" shall include a Corporation, "Person:" whether aggregate or sole: The Word "Lands" shall include Messuages, Lands, "Lands:" The Word "Streams" shall include Springs, Brooks, The Word "Street" shall include any Square, Court, 'Streams: "' Street: the Water works :" The Expression "the Waterworks" shall mean the "Water "Month :" The Word "Month" shall mean Calendar Month: The Word "Oath" shall include Affirmation in the * (a) Words omitted repealed by Statute Law Revision Act, 1891. Oath :" County :" |