Land Clauses Consolidation Act 1845

Interpretation U.K.

And with respect to the construction of this Act and of Acts to be incorporated therewith, be it enacted as follows:

2 “Special Act:” ’’Prescribed:”The works:”Promoters of the undertaking” E+W+N.I.

The expression “the special Act” used in this Act shall be construed to mean any Act which shall be hereafter passed 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 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 works” or “the undertaking” shall mean the works or undertaking, of whatever nature, which shall by the special Act be authorized to be executed; and the expression “the promoters of the undertaking” shall mean the parties, whether company, undertakers, commissioners, trustees, corporations, or private persons, by the special Act empowered to execute such works or undertaking.

3 Interpretations in this and the special Act: E+W+N.I.

The following words and expressions, 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,)

• ’number’: Words importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number;

• ’gender’: Words importing the masculine gender only shall include females:

• ’lands’: The word “lands” shall extend to messuages, lands, tenements, and hereditaments of any tenure:

• ’lease’: The word “lease” shall include an agreement for a lease:

• ’month’: The word “month” shall mean calendar month:

• ’superior courts’: The expression “superior courts” shall mean Her Majesty’s superior courts of record at Westminster or Dublin, as the case may require:

• . . . F1

• [F2 The word “county” shall include any riding or other like division of a county, and shall also include county of a city or county of a town:]

• ’the sheriff’: ’the clerk of the Peace’: The word “sheriff” shall include under sheriff, or other legally competent deputy; and where any matter in relation to any lands is required to be done by any sheriff, or by any clerk of the peace, the expression “the sheriff”, or [F3 the expression “the clerk of the peace, ” shall in such case be construed to mean the sheriff or the clerk of the peace of the county, city, borough, liberty, cinque port, or place where such lands shall be situate; and if the lands in question, being the property of one and the same party, be situate not wholly in one county, city, borough, liberty, cinque port, or place, the same expression shall be construed to mean the sheriff or clerk of the peace of any county, city, borough, liberty, cinque port, or place where any part of such lands shall be situate]:

• ’justices’: The word “justices” shall mean justices of the peace acting for the [F4 county, city, liberty,] cinque port, [F4 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 [F4 county, city, borough, liberty,]cinque port, [F4 or]place, the same shall mean a justice acting for the [F4 county, city, borough, liberty,]cinque port, [F4 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 justices assembled and acting together.

• ’owner’: 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 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 Bank’: The expression “the Bank” shall mean the Bank of England where the same shall relate to monies to be paid or deposited in respect of lands situate in England, and shall mean the Bank of Ireland where the same shall relate to monies to be paid or deposited in respect of lands situated in Ireland.

• [F5 “Supreme Court” shall mean the Supreme Court of Judicature of Northern Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Northern Ireland.]

Textual Amendments

F1 Definition of “oath” repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 2, Sch. 1 Pt. VIII

F2 Definition of “county” repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. I

F3 Definition of "clerk of the peace" repealed (N.I.) by S.R. (N.I.) 1979/103, Sch. 2

F4 Words repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. I

F5 Definition added by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II

4 Short title of the Act. E+W+N.I.

In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression “The Lands Clauses Consolidation Act, 1845.”

5 Form in which portions of this Act may be incorporated with other Acts. E+W+N.I.

And whereas it may be convenient in some cases to incorporate with Acts of Parliament hereafter to be passed some portion only of the provisions of this Act: Be it therefore enacted, that for the purpose of making any such incorporation 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.