Manual of the Law of Scotland: Public Law--legislative, Municipal, Ecclesiastical, Fiscal, Penal, and Remedial : with a Commentary on the Powers and Duties of Justices of Peace and Other Magistrates

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Oliver & Boyd, 1847 - 437 pages
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Page 367 - The said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose.
Page 397 - ... for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers by this or the special act, or any act incorporated therewith, vested in the company...
Page 394 - Way, or they may, if they 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...
Page 373 - Act shall be so incorporated as aforesaid ; 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
Page 411 - I ii ; provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton, per mile, or otherwise, in respect of all passengers, and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine passing only over the same portion of the line of railway under the same circumstances...
Page 354 - The company shall not be bound to see to the execution of any trust, whether express, implied, or constructive...
Page 396 - ... 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.
Page 397 - In exercising the power given to the company by the Special Act to construct the railway, and to take lands for that purpose, the company shall be subject to the provisions and restrictions contained in this Act, and in the said Lands...
Page 352 - 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 context repugnant to such construction ; (that is to say), Words importing the singular number only shall include the plural number ; and words importing the plural number only shall include also the singular number : Words importing the masculine gender only shall include females : The word "lands...

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