Railways Clauses Consolidation (Scotland) Act 1845

Recovery of damages and penaltiesU.K.

And 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, be it enacted as follows:

132 Provision for damages not otherwise provided for.U.K.

In all cases where any damages, charges, 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 F1. . ..

133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

134 Method of proceeding before the sheriff or justices in questions of damages.U.K.

Where in this or the special Act, or any Act incorporated therewith, any question of damages, charges, expences, or other matter, is referred to the determination of any sheriff or justices, it shall be lawful for the sheriff or any justice, upon the application of either party, to order the other party to appear before such sheriff if the order shall be issued by the sheriff, or before two justices if the order shall have been issued by a justice, 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 sheriff or such two justices, as the case may be, to hear and determine such question, and for that purpose to examine such parties or any of them, and their witnesses, on oath; and the expences of every such inquiry shall be in the discretion of such sheriff or justices, and he or they shall determine the amount thereof.

135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

136 Penalty for defacing boards used for such publication. U.K.

If any person pull down or injure any board put up or affixed [F4for the purpose of publishing any byelaw of the company or any penalty imposed by this or the special Act] , or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding [F5level 1 on the standard scale] , and shall defray the expences attending the restoration of such board.

137 Penalties to be summarily recovered before the sheriff or two justices.U.K.

Every penalty or forfeiture imposed by this or the special Act, . . . F6 the recovery of which is not otherwise provided for, may be recovered by summary proceeding before the sheriff or two justices; . . . F7 and upon the appearance of the party complained against, or in his absence, after proof of the due service of such order, it shall be lawful for any sheriff or two justices to proceed to the hearing of the complaint; and upon proof of the offence, either by the confession of the party complained against, or upon the oath of one credible witness or more, it shall be lawful for such sheriff or justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such expences attending the conviction as such sheriff or justices shall think fit.

F8138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F9139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

140, 141.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10U.K.

142 Application of penalties.U.K.

The sheriff or justices by whom any such penalty or forfeiture shall be imposed, where the application thereof is not otherwise provided for, may award not more than one half thereof to the informer, and [F11the remainder shall be paid into the Exchequer].

143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

144 Damage to be made good in addition to penalty.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

146 Transient offenders.U.K.

It shall be lawful for any officer or agent of the company, and all persons called by him to his assistance, to seize and detain any person who shall be found committing 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 the sheriff or a justice, without any warrant or other authority than this or the special Act; and such sheriff or justice shall proceed with all convenient despatch in the matter of the complaint against such offender.

147 Proceedings by sheriff need not be in writing.U.K.

Any sheriff to whom any application is authorized to be made, and before whom any judicial proceeding shall in consequence take place or become necessary under or by virtue of this or the special Act, or any Act incorporated therewith, shall and he is hereby authorized and required summarily to call before him all parties who appear to him to be interested therein, and to proceed forthwith to hear vivâ voce, and pronounce judgment regarding the matters mentioned in such application or proceedings, or to do the several matters and things required by this Act to be done by him, without waiting the ordinary course of the roll of causes before him, and without written pleadings or a written record or reducing any evidence which may be led by either of the parties to writing, unless and except where the said sheriff shall consider that the matters mentioned in such application or proceedings can with more advantage be decided with written pleadings and with a written record, in which case he shall proceed to make up a record, and bring the said matters to a conclusion with all convenient despatch; and the orders and judgments of the said sheriff when pronounced without a record shall be final and conclusive, and not subject to review by suspension or advocation, or to reduction, on any ground whatever.

148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

F16149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.