Companies Clauses Consolidation Act 1845

Recovery of Damages and PenaltiesE+W+N.I.

And with respect to the recovery of damages not specially provided for, and penalties, be it enacted as follows:

142 Provision for damages not otherwise provided for.E+W+N.I.

In all cases where any damages, costs, or expences are by this or the special Act, or any Act incorporated therewith, directed to be paid, and the method of ascertaining the amount or enforcing the payment thereof is not provided for, such amount, in case of dispute, shall be ascertained and determined by two justices; F1. . .

143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+N.I.

144 Method of proceeding before justices in questions of damages, &c.E+W+N.I.

Where in this or the special Act, or any Act incorporated therewith, any question or compensation, expences, charges, or damages is referred to the determination of any one justice, [F3or more, it shall be lawful for any justice, upon the application of either party, to summon the other party to appear before one justice, or before two justices, as the case may require, at a time and place to be named in such summons; and upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons], it shall be lawful for such one justice, [F3or such two justices, as the case may be,]to hear and determine such question, [F3and for that purpose to examine such parties or any of them, and their witnesses, on oath; and the cost of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof.]

145 Publication of penalties.E+W+N.I.

The company shall publish the short particulars of the several offences for which any penalty is imposed by this or the special Act, or any Act incorporated therewith, or by any bye law of the company affecting other persons than the shareholders, officers, or servants of the company, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, or printed on paper and pasted thereon, and shall cause such board to be hung up or affixed on some conspicuous part of the principal place of business of the company, and where any such penalties are of local application shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable or have reference; and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed; and no such penalty shall be recoverable unless it shall have been published and kept published in the manner herein-before required.

146 Penalty for defacing boards used for such publication.E+W+N.I.

If any person shall pull down [F4or injure] any board put up or affixed as required by this or the special Act, or any Act incorporated therewith, for the purpose of publishing any bye law or penalty, or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expences attending the restoration of such board.

147 Penalties to be summarily recovered before two justices.E+W+N.I.

Every penalty or forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before two justices . . . F5

148, 149.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+N.I.

F7150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

151F8 Distress not unlawful for want of form.N.I.

No distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, not shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.

152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+N.I.

153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+N.I.

F11154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

F12155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

156 Transient offenders.E+W+N.I.

It shall be lawful for any officer or agent of the companyF13...to seize and detain any person who shall have committed any offence against the provisions of this or the special Act, or any Act incorporated therewith, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before some justice, without any warrant or other authority than this or the special Act; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender.

157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+N.I.

158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+N.I.