Commissioners Clauses Act 1847

Recovery of damages and penalties U.K.

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:

104 Railways Clauses Consolidation Acts 1845, as to damages, &c. to be incorporated with this and the special Act. U.K.

If the undertaking be situate in England or Ireland, the clauses of the M1 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 undertaking be situate in Scotland, the clauses of the M2 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 undertaking and to the commissioners respectively, and shall be construed as if the word “commissioners” had been inserted therein instead of the word “company.”

Modifications etc. (not altering text)

C1 S. 104 incorporated (18.6.2001) by S.I. 2001/2184, art. 2

S. 104 incorporated (18.6.2001) by S.I. 2001/2185, art. 2

Marginal Citations

M1 1845 c. 20.

M2 1845 c. 33.

105 All things required to be done by two justices in England and Ireland may, in certain cases, be done by one, and in Scotland by the sheriff, &c. U.K.

All things herein or in the special Act, or any Act incorporated herewith, 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 . . . F1 of any county . . . F2 , or his substitute.

Textual Amendments

F1 Words repealed by Statute Law Revision Act 1891 (c. 67)

F2 Words repealed by Statute Law Revision Act 1891 (c. 67) and Statute Law Revision Act 1894 (c. 56)

106 Penalties &c., imposed in respect of any offence committed within the Metropolitan Police District to be paid to the receiver, and applied under 2 & 3 Vict. c. 71. U.K.

Every penalty or forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any byelaw in pursuance thereof, in respect of any offence which shall take place within the metropolitan police district, shall be recovered, enforced, accounted for . . . F3 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, . . . F3 by the M3 Metropolitan Police Courts Act 1839, 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.

Textual Amendments

F3 Words repealed by Justices of the Peace Act 1949 (c. 101), s.46(2), Sch. 7 Pt. III

Marginal Citations

M3 1839 c. 71.

107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 107 repealed by Statute Law Revision Act 1875 (c. 66)

108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 S. 108 repealed (E.W.S.) by (E.W.) Perjury Act 1911 (c. 6), Sch. and (S.) False Oaths (Scotland) Act 1933 (c. 20), Sch.

109 Nothing in this or the special Act to affect the rights of the crown. U.K.

And be it enacted that 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.

Modifications etc. (not altering text)

C2 S. 109 incorporated (E.W.S) (18.6.2001) by S.I. 2001/2184, art. 2

S. 109 incorporated (E.W.S) (18.6.2001) by S.I. 2001/2185, art. 2

Ss. 109-111 incorporated (with modifications) (7.1.2003) by 2002 c. v, s. 3(3)(4) (with s. 23)