c. 106. 23 & 24 VIOT. by Her Majesty's Principal Secretary of State for the War Department, be treated as if they were contained in the fifth and sixth Victoria, chapter ninety-four, for the purpose of being used and made available by the principal officers of Her Majesty's Ordnance, and had been transferred to the said principal secretary for the time being by the eighteenth and nineteenth Victoria, chapter one hundred and seventeen, for the purposes aforesaid: Provided always, that nothing herein contained shall authorise any purchase otherwise than by agreement of any land, except according to the provisions of the twenty-third section of the said act of the fifth and sixth Victoria, or prejudice or affect the powers and authorities of the said principal secretary for the time being under the said lastmentioned statutes or either of them. This act and 8 & 9 Vict. cc. 18 & 19, to be construed together. VIII. This act shall be read and construed as part of the said Lands Clauses Consolidation Act, 1845, or of the Lands Clauses Consolidation (Scotland) Act, 1845, in all matters in which it relates to the said acts respectively; and in citing this act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expres sion of "The Lands Clauses Consolidation Acts Amendment Act, 1860." THE RAILWAYS CLAUSES CONSOLIDATION АСТ, 1845. (8 & 9 VICT. CAP. 20.) An Act for consolidating in one Act certain provisions usually inserted in Acts authorising the making of Railways.-[8th May, 1845.] WHEREAS it is expedient to comprise in one general Act sundry provisions usually introduced into Acts of Parliament authorising the construction of railways, 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: And whereas a bill is now pending in Parliament, intituled "An Act for consolidating in one Act certain provisions usually inserted in Acts authorising the taking of lands for undertakings of a public nature," and which is intended to be called "The Lands Clauses Consolidation Act, 1845:" May it therefore please your Majesty that it may be enacted; and 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 by the authority of the same, That this act shall apply to Operation of every railway which shall by any act which shall hereafter fined to future be passed (a) be authorised to be constructed, and this act railways. shall be incorporated with such act; and all the clauses and provisions of this act, save so far as they shall be expressly varied or excepted by any such act, shall apply to the undertaking authorised 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 (b). this act con (a) With regard to the question whether an act passed subse- Effect of incorquently to, and incorporating the general act, but extending powers poration of the Consolidation Acts in further 8 & 9 VICT. c. 20. conferred by an act passed previously thereto, has the effect of subjecting the whole undertaking to the operation of the General Consolidation Act, see the notes to s. 5 of the Lands Clauses Act, 1845, ante. acts of companies constituted before 1845. Effect of clause that special act shall be construed as a public act. Interpretations in this act : 46 Special act:" (b) Care should be taken to set out in a bill of complaint, all the clauses of a special act likely to be required for the support of the plaintiff's case; for it has been decided that the Court will not go out of the record, notwithstanding a clause in the special act, that the act is to be a public act, and judicially taken notice of as such: (Bailey v. Birkenhead Railway Co., 12 Bea. 433; 6 R. C. 256; 14 Jur. 119; and see 13 & 14 Vict. c. 21.) Where the special act contained a declaration that it should be judicially taken notice of as a public act, it was held that it could not be treated or construed as a private assurance, so as to constitute a contract between the company and the landowner, for the construction of the works authorised and required to be made by such act: (Hargreaves v. Lancaster and Preston Railway Co., 1 R. C. 416.) INTERPRETATION OF TERMS. And with respect to the construction of this act and of other acts to be 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 authorising the construction of a railway, and with which this act shall be so incorporated as aforesaid; "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 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 lands" shall mean the lands which shall by the special act be authorised to be taken or used for the purposes thereof; and the expression "the undertaking" (a) shall mean the railway and works, of whatever description, by the special act authorised to be executed. "The lands:" "The undertaking." (a) As to the nature and extent of the "undertaking," see per Lord Cairns, L. J., in Gardner v. London, Chatham, and Dover Rai!way Co., L. R. 2 Ch. App. 201, 216, 217; 15 W. R. 325; 36 L. J. (Ch.) 323; and ante, p. 2, where the passages of his Lordship's judg ment upon this subject are set out. III. The following words and expressions, both in this and the special act, shall have the meanings hereby assigned to them, unless there be something in the subject or con- 8 & 9 VICT. C. 20. text repugnant to such construction; (that is to say,) Words importing the singular number only shall include Number: the plural number; and words importing the plural number only shall include also the singular number: Words importing the masculine gender only shall in- Gender: clude females: The word "lands" (a) shall include messuages, lands, "Lands:" tenements, and hereditaments of any tenure: The word "lease," shall include an agreement for a "Lease :" lease: The word "toll" (b) shall include any rate or charge "Toll:" or other payment payable under the special act for any passenger, animal, carriage, goods, merchandize, articles, matters, or things conveyed on the railway: The word "goods" shall include things of every kind" Goods:" conveyed upon the railway: "Month:" courts:" The word "month" shall mean calendar month: The word "oath" shall include affirmation in the case "Oath :" 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 riding or other "County:" like division of a county, and shall also include county of a city or county of a town (c): The word "sheriff" shall include under-sheriff or other "The sheriff :" shall in such case be construed to mean the sheriff or "The clerk of the peace:" 8 & 9 VICT. O. 20. "Justice:" "Two justices:" "Owner:" "The company:" "The railway :" "Board of Trade:" "The bank:" Turnpike road," Ireland: The word "justice" shall mean justice of the peace acting for the county, city, borough, liberty, cinque port, or place where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter (d); 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, city, borough, liberty, cinque port, or place, shall mean a justice acting for the county, city, borough, liberty, cinque port, 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 authorised or required to be done by two justices, the expression "two justices" (e) shall be understood to mean two justices assembled and acting together: Where under the provisions of this or the special act any notice shall be required to be given to the owner of any lands, or where any act shall be authorised or required to be done with the consent of any such owner, the word owner" shall be understood to mean any person or corporation who, under the provisions of this or the special act, or any act incorporated therewith, would be enabled to sell and convey lands to the company: The expression "the company" (f) shall mean the company or party which shall be authorised by the special act to construct the railway: The expression "the railway" (g) shall mean the rail- The expression "the Board of Trade" shall mean the The expression "turnpike road" shall, when applied to |