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COMPEISATIOI TO LAID AID HOUSE OWNERS: BEING % ^realise ON THE LAW OF THE COMPENSATION FOR INTEKESTS IN LANDS, &c PAYABLE BY RAILWAY AND OTHER PUBLIC COMPANIES ; WITH AN APPENDIX OF FORMS AND STATUTES. By THOMAS DUNBAR INGRAM, OF LINCOLN'S INN, ESO.., BARRISTER AT LAW, NOW PROFESSOR OF JURISPRUDENCE AND INDIAN LAW IN THE PRESIDENCY COLLEGE, CALCUTTA. ^ctonb 6uition, By J. J. ELM ES, OF THE INNER TEMPLE, ESS., BARRISTER AT LAW. LONDON: BUTTERWORTHS, 7, FLEET STREET, fsfaj publishers to tbr farm's Vttost (tvccllcnt gjtajesig: HODGES, SMITH AND FOSTER, DUBLIN. 1869. tit"*} 3 ( > I o f ADVERTISEMENT TO THE SECOND EDITION. The amount of important matter added in the present Edition is considerable. Some new topics have been treated, as for instance, " What constitutes an interest in lands entitling the owner to compensation for inter- ference with it?" and the subjects of vendor's Ken and the disposition of superfluous lands; the text has been increased by more than one-third; upwards of two hundred and seventy additional authorities have been cited ; a number of Forms have been added in the Ap- pendix, and the Lands Clauses and Railways Clauses Acts have been printed in full. In short, no care or pains have been spared in endeavouring to render the Work a complete, accurate and useful compendium of the LaAv of Compensation down to the present time, worthy of a continuation of the marked favour with which the first Edition was received. J. J. E. PREFACE TO THE FIRST EDITION. The following Treatise is an attempt to explain in a plain and intelligible manner the complicated provi- sions which regulate the acquisition of Land by Rail- way and other public companies, and the Compensation payable therefor to the owners and occupiers. The importance of the subject has been greatly increased by the development which has been recently given to railway communication. After having overspread the country, our railway system has invaded the interior of the metropolis and of other large towns. In this way a great mass of valuable interests in land has been brought under the operation of the branch of law to which this volume relates. Several important judicial decisions too have been lately given, affecting this class of cases. A fresh Treatise seemed thus to be called for, and in the present volume the Author has endea- voured to supply the want. He has spared no pains to make his treatment of the subject at once clear, accu- rate, and complete. T. D. I. 2, Takfield Court, Temple. TABLE OF CONTENTS. CHAPTER I. -r, Page Introductory— Special Acts — General Acts . . .. .. ..1 CHAPTER II. Agreements Avith Promoters of Public Companies before they have obtained their Special Act— Necessary Caution — Course to be pursued by a Landholder who is opposing a Bill . . . . 4 CHAPTER III. Contracts with the Company after Incorporation — How evidenced — Persons under Disabilities — Remaindermen, &c. protected — Mines and Minerals . . . . . . . . . . . . 13 CHAPTER IV. Powers possessed by Railway and other Public Companies — Com- pulsory Powers of purchasing and taking Lands, &c. — Lands required for collateral Purposes — Deposited Plans, &c, how far binding — Bona Fides— Notice to treat — Binding Effect of Notice — Two Cases where Notice not binding — Particulars of Claimant's Interest — Interest in Lands— Summary Powers of Entry— Deposit and Bond — Temporary Possession of Lands — Temporary Possession of Private Roads — Lands for extra- ordinary Purposes — Vendor's Lien, &c. — Superfluous Lands and Pre-emption .. • . .. .. .. .. ..19 CHAPTER V. Certain Restrictions on the Powers possessed by Railway and other Public Companies — Part only of a House cannot be taken — Nor of a Manufactory — Nor of a Workshop — Trade Fixtures, though removable, must be purchased — Intersected Lands — Costs of Inquiries — Lands purchased for extraordinary Pur- poses a 5 TABLE OF CONTENTS. CHAPTER VI. Page Lands injuriously affected — Two principal Classes of Cases: Lands about to be taken ; Lands which have been already taken or injuriously affected — Principles upon which Amount of Compensation is assessed — Interests omitted to be pur- chased — Compensation to be estimated once for all — Right of Renewal of Lease — Class of Cases remediable by Compensa- tion ; by Action at Law— Injuries caused by the working of the Line — Nature of Summary Remedy where Lands have been taken or injuriously affected, and no Satisfaction has been made — Constructive taking not sum cient— Cases in which Owner may consider his Lands injuriously affected . . 57 CHAPTER VII. First principal Class of Cases : Lands taken or purchased, but not entered upon till Purchase-money and Compensation ascer- tained and paid — Enumeration of Cases — Conversion, when it takes place — Right of Support— Mines, &c. excepted — Brewer's Lease — Expenses of Removal — Easements over Lands taken by Railway, &c. Companies — Consecrated Ground 80 CHAPTER VIII. Second principal Class of Cases : Lands or Houses taken for, or injuriously affected, before Satisfaction made to the Owners — Meaning of " injuriously affected" — Distinction between tak- ing Lands and where Lands are only injuriously affected — Enumeration of Cases where Lands have been held to be in- juriously affected— Vibration — No Set-off — Injuries to Busi- ness by Obstructions of Highways— Result of Cases — Insur- ance Premium . . . . . . . . . . . . 86 CHAPTER IX. Cases of Loss and Damage not remediable either by Compensation or by Action at Law — Uncommuted Tithes — Injury to the Amenity of a Residence — Permanent Works — Vibration — Excess of Powers— Annuitants — Injury common to all — Loss of Access to the Sea— Exercise of an ordinary Right — Matters otherwise expressly provided for .. .. .. ..119 TABLE OF CONTENTS. XI CHAPTER X. MODES OF ASSESSING COMPENSATION. Page (1.) By Justices of the Peace.. .. .. .. .. .. 128 (2.) By Arbitrators 133 (3.) As an Issue in an ordinary Action .. .. .. ..153 (4.) By a Jury 154 ^5.) By Surveyors .. .. .. .. .. .. .. 175 CHAPTER XL Lessees from Year to Year — Tenants at Will — Under-lessees — Statement of Cases — Production of Lease, where greater Inte- rest than as Tenant at Will is claimed . . . . . . . . 181 CHAPTER XLL COSTS. (1.) When Compensation is Assessed by Justices . . .. ..189 (2. ) When Assessed by Arbitrators . . . . . . . . . . 189 (3.) When Assessed by a Jury . . . . . . . . . . 195 CHAPTER XIII. CERTAIN CASES OF COMPENSATION PECULIAR TO RAILWAY COMPANIES. Provisions of this Act as to Compensation — Power to take tem- porary Possession of Lands without previous Payment — Com- pany to give previous Notice — Service of Notice — Owners may object to such temporary Possession — Justices may inquire into Objections — Sureties may be required from the Company — The Company may be required to purchase the Lands — Com- pensation to be made for temporary Occupation — Temporary Possession of Private Roads — Remedy where Private Road is obstructed — Provisions as to Mines and Minerals — Cases as to Mines, &c. — Works for Accommodation of Neighbouring Lands — Landowners' Right to cross Railways — Power for Landowners to make Branch Railways — Provisions as to Ar- bitration under Railways Clauses Act . . .. .. .. 204 XI l TABLE OF CONTENTS. APPENDIX. FORMS. Page 1 . Certificate of Capital subscribed . . . . . . . . 227 2. Another Form 227 3. Another Form 228 4. Agreement for Purchase and Sale . . . . . . . . 228 5. Agreement for Purchase and Reference to Arbitration of Pur- chase-money . . . . . . . . . . . . . • 230 6. Notice from the Company to Landowners, &c. to treat . . 231 7. Another Form 234 8. Another Form . . . . . . . . . . . . . . 235 9. Particulars, or Schedule of Claim . . . . . . . . 236 10. Another Form 237 11. Another Form .. .. . 238 12. Appointment of Arbitrator by Claimant .. .. .. 239 1 3. Notice of the Appointment of an Arbitrator by a Claimant, after the Company has appointed one . . . . . . 239 14. Appointment of Arbitrator by the Company .. .. .. 240 1 5. Notice to Arbitrators requiring them to appoint an Umpire . . 241 16. Award of Umpire of Compensation for Disturbance of an Easement .. .. ., .. .. .. .. 241 17. Notice from Owner of Lands injuriously affected requiring the Amount of Compensation to be settled by Arbitration, more than 50/. being claimed . . . . . . . . 242 18. A similar Form where the Owner requires the Compensation to be assessed by a Jury . . . . . . . . 243 1 9. Notice of Claim by Executrix and Trustee under a Will for injurious Affection of a House and Land by the Execution of the Works and Working of the Railway after Completion 244 20. Company's Warrant to summon a Special Jury under Protest 245 21. Notice of Company's Intention to summon a Jury . . . . 247 22. Another Form 248 23. Another Form 249 24. Company's Warrant to Sheriff to summon Jury under Protest 250 25. Another Form of Warrant to Sheriff, with Postea . . . . 251 26. Notice from the Sheriff to the Company of Time and Place of holding Inquiry . . . . . . . . . . . . 253 27. Notice from Company to Claimant, of Time and Place of holding the Inquisition . . . . . . . . . . 253 28. A shorter Form . . . . . . . . . . . . . . 255 29. The Inquisition, Verdict and Judgment . . . . . . 255 30. A more special Form . . . . . . . . . . . . 256 31. Notice prior to Entering on Lands for Surveying, Taking Levels, &c 259 32. Valuation by two Surveyors of Lands purchased or taken from Parties under Incapacity or Disability (8 & 9 Vict. c. 18, s. 9) 259 33. Nomination, Valuation and Declaration of Surveyors under Sect. 9 of " Lands Clauses Act, 1845 " 260 TABLE OF CONTENTS. Xlll APPENDIX : Forms— continued. Page 34. Notice to produce Documents under Sect. 122 of " Lands Clauses Act, 1845 " 262 35. Company's Bond, with two Sureties, on Payment of Money into Bank before entering on Lands under Sect. 85 . . 263 36. Notice required to be given by the Company three Weeks before Lands are entered upon for temporary Occupation . . 269 37. Notice required to be given by the Company ten Days before the Lands are temporarily occupied . . . . . . 270 38. Summons to Claimant to appear before two Justices to have Amount of Compensation settled . . . . . . . . 271 39. Information to determine Compensation payable to Tenant under Sect. 121 of the " Lands Clauses Act " . . . . 272 40. Summons to settle Claim of Yearly Tenants . . . . 273 STATUTES. 8 Vict. c. 18 (Lands Clauses Consolidation Act) .. .. .. 275 8 Vict. c. 20 (Railways Clauses Consolidation Act) .. .. 321 23 & 24 Vict. c. 106 (Lands Clauses Acts Amendment Act) .. 369 Index 373 INDEX TO NAMES OF CASES CITED. A. PAGE Aberdare Rail. Co. (In re) . . 37 Acton v. Blundell .. ..67 Adams v. London and Black- wall Rail. Co... 13,23, 66, 77, 86 Adshead v. Needham .. 217 Aldred v. North Midland Rail. Co 11 Alexander v. West End and Crystal Palace Rail. Co. .. 48 Anderson v. Wallace .. 148 Armstrong v. Waterford and Limerick Rail. Co 37 Arnold (In re) .. .. 17 Astley v. Manchester, &c. Rail. Co 22,42 Attorney-General w. Chambers 217 B. Baddeley (Ex parte) .. 160 Bagnall v. London and North Western Rail. Co. .. 221 Bailey (Ex parte) .. ..159 Baker v. Metropolitan Rail. Co 13, 16, 20 D.Moore .. 104,114 Balls v. Metropolitan Board of Works .. .. 198,199 Barber v. Nottingham, &c. Rail. Co 167 Barker v. Metropolitan Rail. Co 77 Barnsley Canal Co. t>. Twibell 218 Beauchamp v. Great Western Rail. Co 43 Beaufort (Duke of) v. Swan- sea Harbour Trustees .. 149 Beckett v. Midland Rail. Co. 69, 104, 117, 149, 151 Bedford, &c. Rail. Co. v. Stan- ley 12 PAGE Bell v. Hull and Selby Rail. Co 74,91 v.Wilson .. 17,215 Bennitt v. Whitehouse .. 217 Bentinckr.NorfolkEstuaryCo. 22 Bessant v. Great Western Rail. Co 224 Binks v. South Yorkshire Rail. &c. Co 224 Bird v. Great Eastern Rail. Co. 29,75 Birmingham Canal Naviga- tion Co. v. Dudley .. 219 , &c. Rail. Co. v. The Queen .. ..159 Bishop v. North .. .. 225 of Winchester v. Mid Hants Rail. Co 41 Blackemore v. Glamorgan- shire Navigation .. .. 74 Blundell v. Brettargh .. 13 Blyth v. Topham .. ..224 Bogg v. Midland Rail. Co. .. 64 Bond v. Bates . . . . 220 Bonomi v. Backhouse . . 220 Bostock v. North Stafford- shire Rail. Co. .. 22,42 Bourhill v. Charing Cross Rail. Co 27, Bourne v. Corporation of Liverpool . . v. Mayor, &c. of Liver- 103 60 84 pool Bradby v. Southampton Local Board of Health 151,167,171 Bradley v. London and North Western Rail. Co. .. 136, 137 Bradshaw (In re) 130, 150, 151 and East and West India Docks, &c. Rail. Co. (In re) .. .. 143,147 Brand t;. Hammersmith Rail. Co. .. 70, 73, 75, 92, 122, 133 XVI INDEX TO NAMES OF CASES CITED. PAGE Brandon v. Brandon .. 145, 188 Bray v. South Eastern Rail. Co 198 Bridges v. Wilts, &c. Rail. Co. 33, 38 Brine v. Great Western Rail. Co 76,127 Broadbent D.Imperial Gas Co. 71, 73,92 Brocklebank v. Whitehaven Junction Rail. Co. .. 159 Brogden v. Llynvi Rail. Co. 6T Brook «'. Jenney .. .. 145 Brown v. London and North Western Rail. Co. . . 76 Burial Ground of St. Pancras (In re) 85 Burkenshaw v. Birmingham, &c. Rail. Co 77 Caledonian Rail. Co. v. Colt 66, 67, 76 — — v. Lock- hart .. .. 61,221 v. Ma- gistratesof Helensburgh 8,10,12 -v. Ogilvy 68, 91, 95, 106, 109, 116, 121, 125 v. Sprot 220 Cameron v. Charing Cross Rail. Co. 27,103,104,105,112 Capper v. Earl of Lindsay . . 6 Carey (Ex parte), In re Great Southern, &c. Rail. Co. .. 183 Carington v. Wycombe Rail. Co 43, 54 Carter v. Great Eastern Rail. Co 24 Chabot v. Lord Morpeth .. 167 Chamberlain d. Crystal Palace Co 72,88,102,112 Chambers?;. London, Chatham and Dover Rail. Co. .. 50 Chapman v. Monmouthshire Rail, and Canal Co. .. 168 Chasemore v. Richards . . 67 Chichester v. Lethbridge . . Clothier v. Webster . . . . 76 PAGE Cobb v. Mid Wales Rail. Co. 55 Cole v. West London and Crystal Palace Rail. Co. . . 47 Collins v. South Staffordshire Rail. Co 135,136 Collinson v. Newcastle and Darlington Rail. Co. .. 213 Collis's Estate (In re) .. 15 Cone v. Bowles .. ..197 Cooling (In re) .. .. 100 Cooper (Ex parte) .. 64,187 Corregal u. London and Black- wall Rail. Co. .. 160, 166, 201 Cosens v. Bognor Rail. Co. 29, 41 Cother v. Midland Rail. Co. 21 Cotter v. Metropolitan Rail. Co 35,37 Coventry v. London, Brighton and South Coast Rail. Co. 43 Crawford?;. Chester and Holy- head Rail. Co 21 Croft v. London and North Western Rail. Co. 61, 64, 79, 83, 92, 123, 221 Cromford Canal Co. t;. Cutts 218 Cuckfield Burial Board fin re) ..21 D. Dakin v. London and North Western Rail. Co. . . 47 Darrell v. Roper .. 17,215 Daubney v. Manchester, &c. Rail. Co. .. .. ..38 Davies v. Price .. .. 140 v. Staffordshire Rail. Co 144 Directors of Stockton, &c. Rail. Co. v. Brown . . 23 Dodd i>. Salisbury and Yeovil Rail. Co 22 Doe d. Armitstead t;. North Staffordshire Rail. Co. 79 d. Clements v. Collins.. 50 d. Hudson v. Leeds, &c. Rail. Co. ..36,66,150 d. Hyde v. Mayor, &c. of Manchester .. .. 149 d. Payne v. Bristol and Exeter Rail. Co. .. 172 INDEX TO NAMES OF CASES CITED. XV11 101 54 27 217 PAGE Doo v. London and Croydon Rail. Co 21 Dudley Navigation Co. v. Grazebrook .. 18,216,219 Dugdale v. Robertson .. 220 E. Eagle v. Charing Cross Rail. C° 30,90 East and West India Docks Rail. Co. v. Gattke Eastern Counties and London and Blackwall Rail. Cos. v. Marriage Eastern Counties Rail. Co. v. Hawkes Eastham v. Blackburn Rail. Co East India Co. v. Kynaston.. Eaton v. Midland Great Western Rail. Co. . . 77, 78 Eccles v. Mayor of Blackburn 193 Edinburgh and Dundee Rail. Co. v. Leven . . ., 21 Edinburgh and Glasgow Rail. Co. v. Monklands .. 159 Edmundson (In re) 131,169 Edwards v. Grand Junction Rail. Co. . . ... 611 Elliott (In re) .. 136,139 v. North Eastern Rail. Co. .. 17,18,82 v. North Western Rail. Co 221 v. South Devon Rail. Co. 54 and South Devon Rail. Co. (In re) .. 139 Ellis v. London and South Western Bail. Co. .. 224 Europeanand American Steam Ship Co. v. Croskey & Co. 141 Evans v. Lancashire, &c. Rail. Co. .. .. .. #> 235 Eversfield v. Mid Sussex Rail". Co. .. .. .. ..22 Eyton v. Denbigh, &c. Rail. Co .. 41 Falls v. Belfast, &c. Rail Co. 125, 222 PAGE Farlow (Ex parte) .. 64,186 Farrell v. Eastern Counties Rail. Co. . . .. .. 148 Fawcett v. York and North Midland Rail. Co. .. 223 Fergusson v. London, Brighton, &c. Rail. Co. .. .. 49 Ferrand v. Corporation of Bradford .. .. 23,35 Field v. LlanberrisRail. Co. 33,34 Fineux v. Hovenden .. 107 Fletcher v. Great Western Rail. Co 18, 83, 219 ■ v. Rylands .. .. 123 Flower v. London, Brighton and South Coast Rail. Co. 22,23 Fooks v. Wilts, Somerset, &c. Rail. Co. .. .. ..35 Fotherby v. Metropolitan Rail. Co i5 8 G. Gage v. Newmarket Rail. Co. 12 Galgay v. Great Southern and Western Rail. Co. . . 67 Galloway v. Mayor, &c. of London .. .. ..40 Gardner v. Charing Cross Rail. Co. .. . . ..36 Gibson v. Hammersmith Rail. C° 36,52 Giles v. London, Chatham and Dover Rail. Co. .. 35,51 Glover v. North Staffordshire ' K ai, -Co 90,168 Gooday w. Colchester Rail. Co. 8 Goodbody v. Midland Great Western Railway of Ireland Co 121 Gosling (Ex parte) .. ..187 Gould v. Staffordshire, &c. Waterworks Co. .. 154,192 Gourlay v. Duke of Somerset 13 Governors of St. Thomas's Hospital v. Charing Cross Rail. Co. . . . . 47 > 48 Grand Junction Rail. Co. v. ' White 225 Greasley v. Codling .. .. 107 Great Northern Rail. Co. (Ex Parte) 36 XV111 INDEX TO NAMES OF CASES CITED. PAGE Great Western Rail., Co. (Ex parte) .. .. .. 164 v. Bennett .. .. 18,82 Greenhalgh v. Manchester and Birmingham Rail. Co. .. 6 Grosvenor v. Hamstead Junc- tion Rail. Co 49 H. Harby v. East and West India Docks, &c. Rail. Co. .. 6 Hardcastle v. South York- shire Rail. Co 223 Hargreaves v. Lancaster, Sue. Rail. Co 11 Harrington v. Metropolitan Rail. Co 24 Harrison (Ex parte) .. 193 Hart v. Basset .. .. 107 Hatton v. London and South Western Rail. Co. . . 65 Hawkins v. Eastern Counties Rail. Co 16 Hawley v. North Staffordshire Rail. Co. (In re) .. ..147 Hayne (Ex parte) .. .. 187 Haynes v. Haynes .. 13, 17, 21, 23, 25 Hayward v. Metropolitan Rail. Co 197,199 Healey v. Thames Valley Rail. Co 28 Hedges v. Metropolitan Rail. Co 25 Hewson v. London and South Western Rail. Co. . . 48 Heywood v. Metropolitan Rail. Co. .. 65,66,157,197 Hilcoatu. Archbishopsof Can- terbury and York . . 85 Hill v. Great Northern Rail. Co 124 Holdsworth v. Barshaw .. 194 Hooper v. Bristol Port Rail. and Pier Co 168 Hopper (In re) .. .. 141 Horrocksv. Metropolitan Rail. Co 167,169 Hoskins v Phillips .. .. 37 PAGE Hounsell v. Smyth, Bart. .. 223 Howden (Lord) v. Simpson 6, 9 Hughes u. Metropolitan Board of Works 53 Humphries v. Brogden . . 220 Huntw. Peake .. ..220 Hutchinson v. Manchester, &c. Rail. Co 37 Hutton v. London and South Western Rail. Co. . . 23, 35 Hyde v. Mayor of Manchester 34 I nge v. Birmingham, &c. Rail. Co 27 Iveson v. Moore 106, 107, 114 J. 149 Jewell v. Christie Johnson v. Edgware, High- gate and London Rail. Co. 29 Jones v. Festiniog Rail. Co. 76, 123 v. Great Western Rail. Co 158 Jubb v. Hull Dock Co. 84, 111 K. Kemp v. London and Brighton Rail. Co 25, 74 King v. Wycombe Rail. Co. 45,47 Knapp v. London, Chatham and Dover Rail. Co. 36, 66 Knock v. Metropolitan Rail. Co 60 Lancashire, &c. Rail. Co. v. Evans 79 Langford v. Brighton, &c. Rail. Co 158 Langham v. Great Northern Railway Co. 35, 38, 158, 177 Lawrence v. Great Northern Rail. Co 61, 76,79 INDEX TO NAMES OF CASES CITED. PAGE Laws and others (In re) .. 62 Lee v. Milner .. 61, 62 Legg v. Belfast, &c.Rail. Co. 15 Lettson v. Bickley .. .. 160 Lewes v. Cambrian Rail. Co. 16 Lindsay and Direct London and Portsmouth Rail.Co. (Inre) 147 Lindsey ( Earl of) v. Great Northern Rail. Co. ..6 Lappincot v. Smith .. .. 14 Lester v. Lobley .. .. 35 Little v. Dublin and Drogheda Rail. Co. .. .. ..91 London v. Greenwich Rail. Co. (Inre) .. ..166 London and North-Western Rail. Co. v. Ackroyd .. 220 London and North-Western Rail. Co. v. Bradley 70, 91 London and North Western Rail. Co. (Inre) v. Quick 191 London and North Western Rail. Co. v. Wetherall .. 215 London and Southampton Rail. Extension Act (Ex parte) 36 Lonsdale (Lord) v. Curwen . . 217 Lund v. Midland Rail. Co. 22, 207 Luntley (In re) .. .. 187 M. Macey v. Metropolitan Board of Works .. .. 35, 100 Macgregor v. Metropolitan Rail. Co 50 Mc Mullen v. Ulster Rail. Co 118 Maher v. Southern and Wes- tern Rail. Co 201 Malins v. Lord Dunraven .. 162 Manchester, &c. Rail. Co. i>. Wallis 223 Manley v. St. Helen's Canal and Rail. Co 223 Mann u. Great Southern and Western Rail. Co. ..213 Manning v. Eastern Counties Rail. Co 170,225 Manser v. Northern and Eas- tern Counties Rail. Co. .. 76 PAGE Marfell v. South Wales Rail. Co 223 Martin v. Leicester Water- works Co. 136, 190, 193, 194 v. London, Chatham and Dover Rail. Co. 24, 31, 32 Mason v. Stokes Bay Rail. and Pier Co. .. 25, 81 Maynell v. Saltmarsh .. 106 Mayor of London v. Galloway 40 Metropolitan Rail. Co. v. Turnham .. 157,197,202 Metropolitan Rail. Co. v. Woodhouse . . 25 Micklethwait ». Winter .. 82 Midland Counties Rail. Co. v. Oswin .. .. ..24 Midland Rail. Co. v. Checkley 1 7, 18, 82, 215, 218, 220 Midland Rail. Co. v. Daykin 223 Miller?;. De Burgh .. ..147 Milner v. Gery .. .. 13 Monkland and Kirkintilloch Rail. Co. v. Dixon .. 225 Moody v. Corbett . . . . 44 Moore v. Great Southern and Western Rail. Co. 89,114 Morgan v. Bolt .. .. 141 v. Metropolitan Rail. Co 16, 25, 158 v. Milman .. .. 13 Mortimeri). South Wales Rail. Co 169 N. Nadin (Ex parte) .. ..185 Newbolt v. Metropolitan Rail. Co 151 New River Co. v. Johnson 67, 68, 70 North British Rail. Co. v. Tod 22 North Eastern Rail. Co. v. Crossland .. .. 17, 82 North Eastern Rail. Co." v. Elliott 220 North Staffordshire Rail. Co. v. Landon . . . . 26 North Staffordshire Rail. Co. v. Landor .. .. •• 147 XX INDEX TO NAMES OF CASES CITED. PAGE North Union Rail. Co. v. Bol- ton and Preston Rail. Co. 225 O. O'Farrell v. Limerick and Waterford Rail. Co. ..201 Ostler v. Cooke .. ..172 Paine v. Patrick .. ..107 Palmer (Ex parte) .. 64,187 v. Metropolitan Rail. Co 135,144,150 Parker v. Great Western Rail. Co 75 Pell y. Northampton and Ban- bury Rail. Co. .. 29,41 Penny (In re) .. 121,173 v. Penny .. 54, 92 v. South Eastern Rail. Co 106,122,173 Petre (Lord) v. Eastern Coun- ties Rail. Co 6 Pettiward v. Metropolitan Board of Works .. .. 61 Phillips (Ex parte) .. ..161 1 InreChel- sea Waterworks Co. .. 165 Piggott v. Eastern Counties Rail. Co 123 Pinch in v. London and Black- wall Rail. Co. .. 45,53 Pole v. De la Pole .. ..15 Poynder v. Great Northern Rail. Co 38,177 Press v. Parker . . . . 50 Preston v. Liverpool and Manchester Rail. Co. 5, 7, 12, 13 Priestley v. Foulds .. .. 75 Proud v. Bates .. ..218 Pryse v. Cambrian Rail. Co. 16 Pulling v. London, Chatham and Dover Rail. Co. 45, 50 Q. Quick v. London and North Western Rail. Co. .. 154 Quicke (Ex parte) .. 45,46 R. PAGE Railstone v, York, Newcastle &c. Rail. Co. .. 65,157 Ramsden v. Manchester, &c. Rail. Co 32,35,51 Ranken v. East and West India Docks, &c. Co. 31, 35 Raphael v. Thames Valley Rail. Co 16, 222 Read v. Victoria Station, &c. Rail. Co 167,169 Reddinu. Metropolitan Board of Works .. .. 49,50,53 Regent's Canal Co. v. Ware 25, 81 R. v. Aire and Calder Na- vigation .. 61, 62 v. Bagshaw .. .. 172 v. Birmingham, &c. Rail. Co 159 v. Birmingham and Gloucester Rail. Co. 39 v. Birmingham and Ox- ford Rail. Co. .. 20 v. Boyce Combe .. 132 v. Brecknock, &c. Canal Co 158 v. Bristol and Exeter Rail. Co. .. 127,170 v. Bristol Docks Co. 116,125 v. Brown .. 63, 222 v. Byrom .. .. 191 v. Clerk of the Peace of 70, 118 Man- .. 24 Nene 120, 121 182 Cheshire . . v. Commiss. of Chester v. Commiss. of Outfall .. v. Commiss. of Rochdale Improvement Act.. v. Commiss. of Woods and Forests v. Committee for South Holland Drainage.. 24 u.Cottle .. ..54 v. EasternCountiesRail. Co 101,114 v. Fishbourne .. .. 135 v. Fisher . . . . 222 v. Gardner .. .. 201 v. Great Bedwin .. 145 v. Great Northern Rail. Co 100, 114 24 INDEX TO NAMES OF CASES CITED. XXI PAGE R. o. Hatfield Peverel .. 175 v. Hull and Selby Rail. Co 203 v. Hungerford Market Co 23,126,158 v. Inhabitants of Chil- verscoton . . . . 145 v. Inhabitants of Step- ney.. .. .. 145 v. Justices of Herts .. 131 v. Justices of York .. 197 v. Lancaster and Pres- ton Rail. Co. 167, 171 v. Lancashire and York- shire Rail. Co. .. 38 v. Leeds and Selby Rail. Co. .. 61, 81, 83, 221 v. Local Board of Health of Halifax .. ..174 v. London and Black- wall Rail. Co. 201, 203 v. London and North Western Rail. Co. 39, 151, 167, 169 v. London and South- ampton Rail. Co. 182, 185 v. London and South Western Rail. Co. 24, 45 v. London Dock Co. 84, 111, 115 v. Manchester and Leeds Rail. Co 170 v. Manchester, &c. Rail. Co. (on the prosecu- tion ofWillan) 129, 182 v. Manchester, Sheffield, &c. Rail. Co. .. 160 v. Manning .. .. 172 v. Mayor of Liverpool .. 172 v. Metropolitan Board of Works .. ..67 v. Metropolitan Rail. Co. 167 v. North Midland Rail. Co 101 v. Nottingham Old Wa- terworks Co. . . 89 v. Pease . . 95 — — v. Rand . . -.132 v. Rynd 100, 121, 125 v. Sheffield Rail. Co.170, 173 v. Sheriff of Middlesex 169 147 182 100 PAGE R. v. Sheriff of Middlesex, In re Somers and Metropolitan Rail. Co 155 y. Sheriff of Warwick- shire .. 160, 197 v. Southampton Rail. Co. 184 v. South Devon Rail.Co. 144 v. South Holland Drain- age Committee 172, 174 v. South Wales Rail. Co. 224 v. South Western Rail. Co v. Stone v. Thames and Isis Na- vigation Commis- sioners v. Trustees of Estate of Marquis of Donegal 176 v. Trustees of Norwich and Walton Road 166, 172 v. Trustees of Swansea Harbour .. 24, 170 v. Vaughan .. .. 116 v. Waterford Rail.Co... 200 v. West Midland Rail. Co v. Wilts and Berks Canal Co v. Wycombe Rail. Co... v. York and North Mid- land Rail. Co. .. v. York, Newcastle, &c. Rail.Co Reynal (Ex parte) .. Richards v. Scarborough Pub- lic Market Co Richardson v. South Eastern 136 158 43 38 3S 193 21 Rail. Co. Richmond Rail. Co. 157 North London 20,25 Ricket v. Metropolitan Rail. Co. 30, 68, 69, 72, 75, 88, 102, 103 Ricketts v. East and West India Docks, &c. Rail. Co. 223 Rickman v. Johns .. ..41 Righton v. Righton . . . . 25 Ringland v. Lowndes .. 140 Roberts v. Great Western Rail. Co 223 XX11 INDEX TO NAMES OF CASES CITED. PAGE Rogers v. Dock Co. at King- ston-upon-Hull .. .. 30 Rose v. Groves .. .. 101 v. Miles .. ..107 Rossw. York, &c. Rail. Co... 202 S. Sadd v. Maldon, &c. Rail. Co. 39, 56 Saint Thomas's Hospital v. Charing Cross Rail. Co. 47, 48 Salisbury (Marquis of) v. Great Northern Rail. Co. . . 21 Scales v. Pickering .. ..74 Schwinge v. London and Blackwall Rail. Co. 23, 46 Scottish North Eastern Rail. Co. d. Stewart .. .. 6 Scully v. Great Southern and Western Rail. Co. . . 202 Sedgwick v. Watford, &c.Rail. Co 29,41 Senior v. Metropolitan Rail. Co. 102, 103, 104, 105, 112 Sheffield Waterworks Act (In re) 202 Shrewsbury (Earl of) v. North Staffordshire Rail. Co. 8, 12 Shrewsbury, &c. Rail. Co. v. London and North Western Rail. Co ..158 Sims v. Commercial Rail. Co. 25 Simpson v. Lord Howden .. 6 v. South Staffordshire Waterworks Co. . . . . 22 Simson v. Lancaster Rail. Co. 26 Skerratt v. North Stafford- shire Rail. Co 150 Slipper v. Tottenham and Hampstead Junction Rail. Co 28 Smith v. Dublin and Bray Rail. Co 13,21 i). Martin .. 47, 49 Somers v. Metropolitan Rail. Co. (In re).. 129,155,181 Southcomhe v. Bishop of Exeter . . • • 25 South Eastern Rail. Co. v. Richardson .. 196,200 PAGE South Wales Rail. Co. (Ex parte) .. .. ..36 South Wales Rail. Co. v. Richards (In re) .. 126. 173 South Yorkshire, Doncaster, &c. Rail. Co. (In re) .. 143 Spackman v. Great Western Rail. Co 53 Sparrow v. Oxford and Wor- cester Rail. Co. .. 21,51,53 Stamp D. Birmingham Rail. Co. 26 Standish v. Mayor of Liver- pool .. .. ..37 Stanley v. Chester and Bir- kenhead Rail. Co. .. 6 Steele d. Mayor and Corpora- tion of Liverpool. . 24 v. Midland Rail. Co... 50 Stevens (Ex parte) .. .. 36 Steward v. Smith .. .. 25 Still (Ex parte) .. ..186 Stockport, Temperley and Al- trinchamRail.Co ( In re)70,118 Stockton and Darlington Rail. Co. v. Brown - . 22, 23 Stone v. Commercial Rail. Co. 159 Stourbridge Canal Co. v. Earl of Dudley 219 Stourbridge Canal Co. v. Wheeley 74 Stroud d. Watts .. -.160 Sutton Harbour Commission- ers v. Hitchins 100, 144, 150 Sweetman v. Metropolitan Rail. Co 129 Tanner v. South Wales Rail. Co 213 Tasker v. Small . . 29, 30 Tawney v. Lynn and Ely Rail. Co 26 Taylor (In re) .. .. 145 d. Chichester and Midhurst Rail. Co. 11 v. Clemson . . 74, 171 Temple Pier Co. v. Metropo- litan Board of Works . . 35 Tew v. Harris .. ..136 Thickness v. Lancaster Canal Co 85 INDEX TO NAMES OF CASES CITED. PACE link v. Rundle .. ..38 Tower v. Eastern Counties Rail. Co 34 Tuohey v. Great Southern and Western Rail. Co. 90,114 Turner v. Sheffield and Ro- therham Rail. Co. 76,127 U. Underwood v. Bedford and Cambridge Rail. Co. .. 140 Vane v. Cockermouth, &c. Rail Co 22 Vaughan v. Taff Vale Rail. Co 70, 93, 95, 123 Vauxhall Bridge Rail. Co. v. Earl Spencer .. .. 6 W. 145 168 29 184 of Wade u. Dowling v. Simeon Wadham v. Marlowe Wainwright v. Ramsden Wakefield Local Board Health v. West Riding and Grimsby Rail. Co. Walker v. Eastern Counties Rail. Co. v. Fletcher .. .. v. London and Black- wall Rail. Co. .. v. Ware, &c. Rail. Co 29, 41 Ware v. Regent's Canal Co. (In re) .. .. 148, 183 132 13 2)7 171 PAGE Watkins v. Great Northern Rail. Co 213 Webby Manchester and Leeds Rail. Co 74 Weld v. South Western Rail. Co 20,82 Whitmore i. Smith .. .. 148 Wilkes v. Hungertbrd Market Co 104,108,115 Willey v. South Eastern Rail. Co 33,37 Willoughby v. Willoughby .. 140 Wilson t>. Carrickfergus and Larne Rail. Co. .. .. 63 Wilts, &c. Rail. Co v. Fooks 142, 192 Wing v. Tottenham and Hampstead Junction Rail. Co 41 Wood v. Charing Cross Rail. Co 33 v. Stourbridge Rail. Co. 121 Wootton's Estate (In re) .. 15 Trusts (In re) .. 25, 81,82 Worsley v. South Devon Rail. Co 160 Wrey's Settlement (In re) . . 15 Wright (Ex parte) .. ..186 Wrigley v. Lancashire, &c. Rail. Co 22 Wycombe Rail.Co.u.Donning- ton Hospital .. . . 14 Wyrley and Essington Navi- gation Co. v. Bradley .. 218 Y. Yates v. Mayor of Blackburn 136, 138, 194 LAW OF COMPENSATION. CHAPTER I. Introductory — Special Acts — General Acts. By the Common Law of England no violation of the rights of private property is allowed, even for the general good of the whole community. The principle — that the good of the individual should yield to that of the com- munity — has in this country never been received with favour. And no tribunal of the judicature has ever been intrusted with the power of compelling a sale of land, or of dispossessing a citizen of his house or premises, even for public purposes of great and manifest utility. But as there are many undertakings, for the success of which the acquisition of lands is necessary, it is evident that the industrial energy of the country would languish and be impeded, if there existed no means of mitigating or avoiding the rigour of the Common Law in this respect ; accordingly the Legislature has, from a very early period, been in the habit of interfering, and granting to the promoters of undertakings of a public nature, special or private acts of Parliament, enabling such promoters, when incorporated into a company, to exercise extraordinary powers and to compel individuals to sell such lands as may be required for the proposed 2 INTRODUCTORY. undertaking. As these powers interfere with proprie- tary rights, and oblige owners to part with their posses- sions, they are looked upon with great jealousy ; the Legislature exercises the greatest caution in conferring them, and never grants them without securing to the landholder what it considers a fair and reasonable in- demnification for the lands which it authorizes to be taken. Previously to the years 1845 — 1847 these powers of compelling sales of lands, and the accompanying pro- visions for compensating those whose lands should be taken, were always contained in the special act of Parliament which each company or body of promoters had obtained for their own particular undertaking. The clauses in each special act containing these powers and provisions were almost identical. So much so, that they obtained the name of the " common clauses." Yet as these clauses contained the extraordinary powers re- quired for the undertaking, it was absolutely necessary to repeat them in each special act. This system led to great expense, and incumbered each special act, as well as the Statute book, with needless repetition and unnecessary verbiage. It also afforded large oppor- tunities for jobbing, by means of alterations in the language of the clauses, which alterations, though scarcely perceptible to a cursory reader, really worked great practical changes in the provisions of a private act, and often gave it a very different shape from that which had been contemplated by the Legislature. To secure greater uniformity in special acts and to avoid unnecessary repetitions, the enactments usually inserted in such acts were, in the years 1845 — 1847, consolidated into a very remarkable series of acts. This series of SPECIAL ACTS — GENERAL ACTS. 6 general acts codifies all those rules and regulations which were usually to be found in special acts of Par- liament authorizing undertakings of a public nature. Any act of this series, or any part of an act, may be incorporated with a special act by a few words re- ferring to the act or part of an act which is to be in- corporated. What a saving of expense in paper and printing alone, not to mention the benefits arising from uniformity, has resulted from the present system, may be gathered from a statement made by Sir F. Kelly, in a letter addressed by him to Lord Brougham in the year 1856, viz., that the Lands Clauses Consolidation Act, and others of the series, had been, since the year 1845, applied to above three thousand local and personal acts, and by this the printing of 130,000 pages of matter, which must otherwise have been introduced in extenso into all those acts, had been spared. It is the object of the writer, in this treatise, to ex- plain in an easy and intelligible way the clauses of these acts, which, being incorporated with each special act authorizing an undertaking of a public nature, enable railway and other public companies to acquire and pur- chase lands and premises for the purposes of the railway or other undertaking, and which secure satisfaction or compensation to all parties interested in the lands or premises which are taken by the company, or are inju- riously affected by the construction of their works, for all damage sustained by reason of the exercise of the extraordinary and compulsory powers intrusted to the company. b 2 CHAPTER II. Agreements with Promoters of Public Companies before they have obtained their Special Act — Necessary Caution — Course to be pursued by a Landholder who is opposing a Bill. Before entering on the subject of compensation, I am desirous of saying a few words by way of caution. It very frequently happens, that the promoters of a railway, or other public undertaking, before obtaining their special act, enter into agreements with landholders to purchase lands or houses, and thereby to buy off all opposition to their act. The promoters come to Par- liament to obtain the necessary powers for the execution of their purpose, and find the success of their scheme threatened by the opposition of parties whose interests the project is likely to affect. They enter into certain arrangements with the opposing parties, on the faith of which arrangements the opposition is withdrawn, and the promoters are thus enabled to obtain their act and all the extensive powers which it confers. It appears to be only fair, at first sight, that these arrangements should be binding on the company when incorporated, and when they have obtained their act. But as there is great doubt whether the promoters are competent to bind the company, when incorporated, by any such agree- ments, a few words on the subject here may be useful. Two views may be taken of the question. On the one hand, it may be said— that the incorporated com- pany ought to be regarded as the successors and assig- AGREEMENTS BEFORE INCORPORATION*. 5 nees of the promoters, and that, as such, they are bound by agreements entered into by and with the promoters or provisional committee, and that it would be unjust to allow the company when incorporated to refuse to comply with those terms, upon the faith of which all opposition to their obtaining their act had been with- drawn. On the other hand, it may be urged — that the com- pany, when incorporated, are not the successors of the promoters, but consist of shareholders who were neither themselves the promoters, nor in any way connected with the promoters of the act, and who became sub- scribers to the funds of the company, after incorporation, upon the faith of the act of Parliament, which makes no allusion to any agreement entered into by the promoters. The former view was taken of these agreements in the early days of railways. Lord Eldon and Lord (Tot- tenham were both of opinion, that the company, after incorporation, was bound by the contracts and agree- ments of the promoters. The latter, when Lord Chan- cellor, enforced several agreements of this kind against the company, when incorporated. In one case — Lord Petre's — " a case at which every- body starts when he hears it "(a), — there was a contract entered into by the promoters of the Eastern Counties Railway, that if Lord Petre would withdraw his op- position to their bill they would pay him 120,000/. for that which was not worth above 4,000/. ; yet Lord Cottenham considered that Lord Petre had a right against the company after incorporation to enforce such a contract as this, though it was made by six promoters only and the company refused to confirm it, and although (a) Lord Cranworth, in Preston v. Liverpool, fyc. Rail. Co., 5 H. L. C. 617. 6 COMPENSATION. it was alleged by the company, that the payment of such a sum as 120,000/. would so reduce the funds of the company as to make it impossible for them to complete their line (b). In another case, the same Judge laid down as un- doubted law, that, in equity, an incorporated company is bound by the agreement of individual members, acting before incorporation on its behalf, if the company has received the full benefit of the consideration for which the agreement stipulated on its behalf (c). It was also decided that a Peer of Parliament could legally agree to withdraw his opposition to a bill for a consideration (d). If, however, it appears that the money is really either altogether or in part to be paid as a consideration for giving a vote for, or Avithholding a vote against the bill, even though it be attempted to conceal the real nature of the transaction by the state- ments in the deed, the deed will be thereby rendered corrupt and illegal. This illegality will not in any case be presumed, but must be distinctly proved when it does not appear upon the face of the instrument (e). (b) Lord Petre v. Eastern Counties Rail. Co., 1 Kail. Ca. 462. (c) Edwards v. Grand Junction Hail. Co., 1 My. & Cr. 650. To the same effect are Stanley v. The Chester and Birkenhead Rail. Co., 3 Myl. & Cr. 773; S. C, 9 Sim. 264; Capper v. Earl of Lindsey , 3 H. L. Ca. 293. As to rights against substituted companies, see Greenhalgh v. Tlie Manchester and Birmingham Rail. Co., 3 Myl. & Cr. 791; S. C, 1 Rail. Ca. 68. The doctrine derives no support from Lord Eldon's view in Tlie Vauxhall Bridge Co. v. Earl Spencer, Jac. 64, in which case it was not attempted to make any one but the obligors themselves liable on the bond which was given. The only question was as to the validity of the obligation itself. {d) Simpson v. Lord Howden, 3 Eail. Ca. 294. See also Harby v. East and West India Docks, fyc. Rail. Co., 1 De G., M. & G. 290. (e) Lord Howden v. Simpson, 10 A. & E. 793; Earl of Lindsey v. Great Northern Rail. Co., 10 Hare, 664 ; Scottish North Eastern Rail. Co. v. Stewart, 3 Macq. 382. CONTEACTS OF PROMOTERS. 7 But though these cases, in which the contracts of the promoters of the undertaking before incorporation have been enforced against the company when incorporated, have never been expressly overruled, great doubts have been thrown upon them by Lord Cranworth, and they must be considered as greatly shaken. In a case before the House of Lords, he made use of the following words : — " Lord Cottenham acted upon this principle, viz., that the railway company was the successor of the projectors, or the assignee, if one may say so, of the projectors, and must take existence, sub- ject to the burdens which had been contracted for by those who were the promoters of it, and to whom it owed its existence. It is manifest that that doctrine is open to great objections, for when a company is incor- porated by act of Parliament, hundreds, I may say thousands, of persons from all parts of the kingdom come and purchase shares upon the faith that the act of Parliament tells them what their liabilities are ; and in what position are they placed, when, upon looking for their dividend, they are told, ' You can have no dividend because contracts to the amount of a million — for it might go to that extent — have been entered into to pay persons sums of money which will come out of your capital, and subject to which obligations you owe your existence ? ' The answer that may be made to that is, * I have had no notice of that ; I see in the act of Parliament, which is my title deed, that there is no allusion to anything of the sort'"(y). And, in another case, he said, " This reasoning rests on the assumption that a railway company, when esta- blished by Parliament, is, in substance, though not in (/) Preston v. Liverjwol, §c. Rail. Co., 5 H. L. C. 617. 8 COMPENSATION. form a body succeeding to the rights, and coming into the place, of the projectors. Such a doctrine is not only calculated to occasion injury to shareholders, but it may often be a fraud, or, at all events, a surprise, on the Legislature. The statutory powers are given on the faith of the terms apparent on the act itself. It may be well, that the additional terms, if communicated to Parliament, would have prevented the passing of the act at all " ((/). This question has undergone a full and elaborate discussion in a recent case(/j), in which the unsatis- factory state of the law on the subject is forcibly pointed out by the learned Vice-Chancellor in his judgment. The promoters of a projected railway being desirous to secure the countenance of an influential neighbouring landowner, who was also a Peer in Parliament, agreed to pay him 20,000/., in the event of the company being in- corporated by act of Parliament, independent of the ordi- nary payment for land, severance or other usual matter for compensation. The stipulations in this agreement were all onerous on the company, none on the landowner. By reason of some informality the petition for leave to introduce the proposed bill failed, and the company was never incorporated, but their undertaking was subse- quently adopted by and merged in that of the Stafford- shire Railway Company, by the provisional committee of which it was agreed to take up all the liabilities of (g) The Caledonian, fyc. Rail. Co. v. The Magistrates of Helens- burgh, 3 Macq. 891. Doubts as to the soundness of this doctrine have also been expressed or plainly implied in Gooday v. Colchester Rail. Co., 17 Beav. 132; Eastern Counties Rail. Co. v. Hawkes, 5 H. L. Cas. 331. (h) Earl of Shrewsbury v. TJie North Staffordshire Rail. Co., 35 L. J., Ch. 156. CONTRACTS OF PROMOTERS. V the abortive company, including particularly the above agreement ; and a resolution was subsequently, at a meeting of the provisional committee, passed and entered on the minutes, that this agreement " be considered binding on the North Staffordshire Railway Company." Subsequently to the incorporation of the company this agreement, among others, was approved at a meeting of the directors, and accordingly an indenture was exe- cuted under the common seal of the company for the payment of this 20,000/., exclusive of any ordinary compensation for lands taken, severed or injuriously affected. In this indenture the original agreement was recited, as also that it had been made to secure the coun- tenance and support of the said landowner to the said undertaking, and to meet the expense and inconvenience to which he would be personally subject by reason thereof, but no other consideration appeared. It was held by Kindersley, V. C, consistently with Lord Howden v. Simpson {i) that the original agree- ment, as between the landowner and the promoters, was a perfectly legal one, and that there would be no defence to an action brought on it against them, on the groimd that it was an illegal, improper or corrupt con- tract. It Avas also held that the indenture executed as aforesaid was a contract to do a thing which was ultra vires, or, in other words, as to which the directors had no power to bind non-consenting shareholders ; namely, to pay a sum of money for no consideration, or for a consideration which was simply illusory, viz., the land- owner's coimtenance and support. " It might be," said the learned Vice-Chancellor, " that would be a sufficient consideration as long as the promoters were before (i) 10 A. & E. 793. b5 10 COMPENSATION. Parliament endeavouring to carry the matter into effect. I can quite understand its being worth 20,000/. to the company to obtain the countenance and support of a powerful landowner, who, if an opponent and an enemy, might defeat the project altogether. But when once the act is passed, what is meant by the countenance and support of a large and influential landowner?" The case is distinguished from those in which Lord Cottenham supported similar contracts entered into by the promoters of companies, on the ground that in each of these, however extravagant the bargain might have been, as in Stanley's case, where the contract was to give 20,000/. for fourteen acres of land, and in Lord Petre's, where it was to give 20,000/. for a certain limited por- tion of land, and 100,000/. for damage sustained, how- ever extravagant the contracts, at all events, what was to be done was in its nature within the powers of the company. If Lord Cottenham's doctrine was meant to extend to cases where the contract is in its nature ultra vires of the company, it must be considered to have been in this particular overruled by the House of Lords in The Caledonian and Dumbartonshire Rail. Co. v. The Magistrates of Helensburgh (i). The learned Vice-Chancellor remarked, that, as the con- tract in the particular case before him was clearly ultra vires of the company, it was unnecessary for him to decide the abstract question whether contracts of the promoters are binding on companies, and then proceeds to observe : " I think, if I were obliged to decide that question, I should be compelled to take this course, to decide in accordance with the unreversed decisions of Lord Cottenham, although I should do so in the full (j) 2 Macq. 391. CONTRACTS OF PROMOTERS. 1 1 expectation that my decision would be immediately ap- pealed from and reversed, and made to accord with the opinion that has been expressed by the present Lord Chancellor, Lord Cranworth. That would, however, be a very inconvenient course, for I should be simply deciding in that way for the purpose of having my de- cision overruled, as I have no doubt it would be" {j). The only prudent course for a land or house owner to adopt who is opposing a railway or other bill in Parlia- ment, and who is about to enter into an agreement with the promoters of the undertaking, is, either to obtain an agreement binding on some existing company, or, where the matter is of sufficient importance, to en- deavour to have the terms of the agreement and his claim to compensation inserted in and recognized by the special act, before he withdraws his opposition. The insertion of such a clause is, however, unusual. Where agreements are made with the promoters of such undertakings they should be in express terms. A mere qualified assent to the bill provided that certain conditions are observed, the terms of which are neither embodied in any express agreement, nor adopted by the Legislature, will be ineffectual to restrain the company from exercising all the legal powers conferred on them by their act (A). A contract entered into with an existing incorporated company, who are seeking to obtain an act authorizing the construction of a branch line of railway, is open to no objection. 0') See further as to the ultra vires doctrine, Taylor v. Chichester a Jul Mid hurst Rail. Co., 36 L. J., Ex. 201 (in the Exch. Ch.) (k) Aldred v. Tlie North Midland Rail. Co., 1 Rail. Ca. 404; Edwards t. Tlie Grand Junction Rail. Co., 1 Myl. & Cr. 650; Hur- gr eaves v. Tlie Lancaster, §c. Rail. Co., 1 Rail. Ca. 416. 12 COMPENSATION. If the contract entered into with the promoters be of a nature foreign to the nature of the proposed under- taking, it can in no case be enforced against the com- pany when incorporated ; thus, where the promoters of a railway company entered into a contract respecting the construction of a pier, the contract was held void as against the company (7). The result of an examination of the cases appears to be, that contracts entered into with and by promoters on behalf of the future company, are dangerous and un- reliable as being questionable in policy, and opposed to the current of recent judicial opinion. That, however, as the law actually stands, they may be{m) binding on the company when incorporated, provided they refer to acts, to the effecting of which the company, when formed, can legally apply its funds, and which are within the scope of its powers. But such contracts, if they refer to acts to which the company when formed cannot legally devote its funds, are wholly void and ineffectual as against the company when incorporated. If the promoters enter into an agreement with a land- owner before incorporation, they cannot, when formed into a company, enforce this agreement if they have exercised their compulsory powers {n). (1) Gage v. Nenmarltet Rail. Co., 18 Q. B. 457; Caledonian, %c. Bail. Co. v. Tlie Magistrates of Helensburgh, 2 Macq. 391; Earl of Shrewsbury v. Tlie North Staffordshire Bail. Co., 35 L. J., Ch. 156. (m) In Preston v. Liverpool, rated companies are the successors of the promoters, has been acted upon in so many cases that it would be very inexpedient off-hand to say that that doctrine cannot be sustained, when one considers how much may have been done upon the faith of it." (n) Bedford, §c. Bail. Co. v. Stanley, 32 L. J., Ch. 60. ( 13 ) CHAPTER III. Contracts with the Company after Incorporation — How evidenced — Persons under Disabilities — Remainder- men, SfC, protected — Mines and Minerals. As soon as the promoters of a railway or other public company have obtained their special act they become a corporation, and may contract and enter into agree- ments with the owners for the purchase of any lands which they are authorized by their act to take (a) fox the purposes of the undertaking. Of course, in such cases as these, it is not necessary for them to exercise, or have recourse to, the compulsory powers of taking and purchasing lands. These contracts are subject to the ordinary rules of law respecting contracts, and may be enforced against the company if properly evidenced (b). Care shoidd be taken that contracts with railway and other public companies should be under the seal of the company. This is the only safe general rule (c). («) As to what lands, &c. a railway, &c. company are authorized to take, Bee post, Chap. IV. pp. 21 — 23. (b) Walker v. Eastern Counties Rail. Co., 5 Rail. Cas. 469; Smith v. Dublin and Bray Rail. Co., 3 Ir. Ch. Rep. 225 (but see Haynes v. Haynes, 30 L. J., Ch. 469); Gout-lay v. The Duke of Somerset, 19 Ves. 429 ; Adams v. London and Blackmail Rail. Co., 2 Macn. & G. 118; Morgan v. Milman, 3 De G., M. & G. 24; Baker v. Metropolitan Rail. Co., 32 L. J., Ch. 7. A Court of Equity Mill not grant specific performance of any but the precise contract entered into by the parties; see last case, and Milner v. Gery, 14 Ves. 400; Blundell v. Brettargh, 17 Ves. 232. (c) In Preston v. Liverpool, fyc. Rail. Co., 7 Rail. Ca. 707, Sir J. 14 COMPENSATION. To meet the case where lands required for the pur- poses of the railway, &c., are in the possession of per- sons having a limited interest in them, or of persons under disability, extraordinary powers are given to such persons to sell and convey their lands and to enter into all necessary agreements for that purpose. And these contracts, made by such limited owners or persons under disabilities, will be binding upon all persons entitled in reversion, remainder or expectancy (rf). The persons so authorized to sell lands, &c, in which they have but a limited interest are commonly called " Statutory owners" (e). Provisions are made for the protection of those in remainder or reversion, in respect both to the valuation of the lands and the investment of the purchase-money. A railway company took lands subject to a lease *vhich had been granted at a low rent, in consideration of a covenant by the lessee to lay out a certain sum of money in building on the estate. Here it was held that a tenant for life of the reversion expectant on the lease was not immediately entitled to receive the entire Romilly laid down, " That a company cannot legally bind itself except by some instrument under its seal." This appears to be too wide a statement: see The Companies Clauses Consolidation Act, 1845 — 8 Vict. c. 16, s. 97. (d) 8 Vict. c. 18, s. 7; App. In the case of persons under disabilities, a strict compliance with the provisions of the 9th section will be re- quired by a Court of Equity before it will enforce contracts entered into by them. Wyco7nbe Hail. Co. v. Donnington Hospital, 12 Jur., N. S. 347. (e) This class may be described generally as including every one having a freehold interest in possession, or subject to a lease. Such a person may represent the estate and bind all after him. An equitable tenant for life cannot alone convey under these powers, but the trustees must join. Lippincot v. Smith, 29 L. J., Ch. 520. DELAY, &C. IX PERFORMING CONTRACTS. 15 income arising from the purchase-money, but only a portion of it equal to the amount of the ground-rent reserved in the lease ; and that the excess of this in- come, representing the benefit of the covenant to the inheritance, should be accumulated until the expiration of the lease for the benefit of the estate (f). Owners in fee and all persons under disabilities may dispose of their lands, &c, for an annual rent-charge, payable by the company and recoverable by action or distress (g). Corporations cannot sell to the company other land than that which the company are by their special act authorized to purchase under their compulsory powers, except with the consent of the Commissioners of the Treasury (h). It seems that when a public company purchases land from persons under disabilities under the power given in the seventh section of the Lands Clauses Act, it cannot purchase any mere terminable interest in the land, even though it requires it only for a temporary purpose, but is bound to deal for the fee (i). An incorporated company cannot release itself from contracts which it has entered into by impediments of its own creation : such as allowing the time within which it should exercise certain powers to expire, or omitting to pursue the forms prescribed by the acts of (/) In re Wootton's Estate, 35 L. J., Ch. 305. As to the rights of the tenant for life see also In re Wre/t/s Settlement, 11 Jur., N. S. 296 ; In re Collis's Estate, 14 L. T. 352 ; Pole v. De la Pole, 12 L. T., N. S. 337; S. C, 2 D. & S. 420. (g) 8 Vict. c. 18, s. 10. Amended and enlarged by 23 & 24 Vict. c. 106. s. 2; App. (h) 8 Vict. c. 18, s. 15; App. (i) Legg v. Belfast, $c. Bail. Co., 1 Ir. C. Law Rep. 124, note. 1G COMPENSATION. Parliament (i). Nor can it do so on the ground of in- sufficient funds (j). Nor can it unreasonably postpone completion of its contracts to the extreme period of time alloAved it for the taking of land and the completion of its works (k). A railway company having agreed with a landowner to make a bridge and other works in a certain manner, the works were commenced in a manner at variance with this agreement. The landowner filed a bill for specific performance of the agreement and also for an injunction to restrain the defendant from allowing such works to continue otherwise than in accordance with the contract. The company being desirous of continuing their works entered into an undertaking to remove and deal with them as the Court should direct; and upon this undertaking the motion for an injunction was ordered to stand over, and the works were proceeded with and completed before the hearing of the cause, and the line of railway opened for public traffic. On appeal, it was held by Lord Chancellor Chelmsford, reversing the decision of the Master of the Rolls, that, under these circumstances, apprehended inconvenience to the public was no groimd for refusing specific performance (7). (i) Hawhes v. Eastern Counties Rail. Co., 7 Rail. Ca. 199. This was a case where an incorporated railway company, acting as the pro- moters of a bill for an extension of their line, contracted with a land- owner, conditionally on the act passing, for the purchase of the whole of his property, but about one-third of the land only was within the limits of deviation according to the act which was passed. Lord St. Leonards held that the company were competent to bind themselves to purchase the whole, and were bound to perform the contract. See Morgan v. Metropolitan Rail. Co., L. R., 3 C. P. 553. (j) Lewes v. Cambrian Rail. Co., Pryse v. Cambrian Rail. Co., 36 L. J., Ch. 565. (k) Baker v. Metropolitan Rail. Co., 32 L. J., Ch. 7. (I) Raphael v. Thames Valley Rail. Co., 36 L. J., Ch. 209. MINES AND MINERALS. 17 Where a corporation is authorized to purchase land conipulsorily, there is no conversion until the amount of the price is settled (ra). If a railway company purchase land they are not entitled to the mines or minerals under the land, except such part as shall be necessary to be used in the con- struction of the works, unless they shall have been expressly purchased, and such mines are to be deemed to be excepted out of the conveyance, unless expressly named therein (n). The word " minerals " includes everything which is dug out of the earth by means of a pit or tunnel having a roof overhead, but not limestone rock worked in an open quarry having no roof (o). On the other hand, the owner cannot work the mines under a railway so as to injure the railway, nor can a landowner who has sold land to a railway company work minerals adjoining the railway so as to injure it, as the company are entitled to both the vertical and lateral support of the adjoining land(p). If the owner of mines under or at a short distance from a railway wish to work them, lie must give notice to the company : if the company make compensation to the owner, the mines cannot be worked ; if the company do not treat with the owner, the mines may be worked ; but any damage or obstruction to the railway by im- (m) In re Arnold, 2 N. R. 257; Haynes v. Haynes, 1 Dr. & Sm. 426. O) 8 Vict. c. 20, s. 77; see post, Chap. XIII., and App. (o) Darrell v. Roper, 24 L. J., Ch. 779; Bell v. Wilson, 34 L. J., Ch. 572 ; 35 L. J., Ch. 337; Midland Rail. Co. v. Cliechley, 36 L. J., Ch. 380. (p) North Eastern Bail. Co. v. Crosland, 1 N. R. 72; Elliott v. North Eastern Rail. Co., H. L., 32 L. J., Ch. 402. See Chap. XIII. 18 COMPENSATION. proper working of the mines must be made good to the company (q). Mines will not be worked improperly if minerals are obtained in the manner most beneficial to the owner, provided this is done according to the usual manner of working such mines in the district (?•). But the owner's right to work the mines and minerals is subject to the right Avhich the railway company, as any other proprietor, has at common laAV to adjacent and subjacent support (s). Railway companies may also purchase land for extra- ordinary purposes, in addition to the lands authorized to be taken compulsorily ; but the entire quantity of land so held is not to exceed the quantity " prescribed " in their act (t). (q ) Dudley Navigation Co. v. Grazebrook, 1 B. & Ad. 59, approved in The Stourbridge Canal Co. v. Earl of Dudley, 30 L. J., Q. B. 108; Fletcher v. Great Western Rail. Co., 29 L. J., Ex. 253; Great Western Rail. Co. v. Bennett, 36 L. J., Q. B. 133. (»■) 8 Vict. c. 18, s. 79; App.; Great Western Rail. Co. v. Bennett, ubi supra. (s) Elliott v. North Eastern Rail. Co., H. L., 32 L. J., Ch. 402; Midland Rail. Co. v. Checkley, 36 L. J., Ch. 380. See further, post, Chap. XIII., " Certain Cases of Compensation peculiar to Railway Companies;" and 8 Vict. c. 20, ss. 77—85. (t) 8 Vict. c. 18, ss. 12, 13 ; App. ( 19 ) CHAPTER IV. Powers possessed by Railway and other Public Compa- nies — Compulsory Powers of purchasing and taking Lands, Sj-c. — Lands required for collateral Purposes — Deposited Pla?is, fyc, how far binding — Bona Fides — Notice to treat — Binding Effect of Notice — Two Cases where Notice not binding — Particu- lars of Claimant's Interest — Interest in Lands — Sum- mary Poiver of 'Entry — Deposit and Bond — Temporary Possession of Lands — Temporary Possession of Pri- vate Roads — Lands for extraordinary Purposes — Ven- dor's Lien, §c. — Superfluous Lands arid Pre-emption. In the last chapter the subject was discussed of contracts and agreements entered into by railway and other public companies after incorporation with the owners of lands and houses required for the purposes of the undertak- ing. If, however, the company and the landowners cannot agree as to the terms, or if the company are de- sirous of entering immediately upon the lands, &c, they may resort to their extraordinary, or, as they are gene- rally called, their compulsory powers. The powers granted to a railway, or other public company, for the success of which the acquisition of land is required, must necessarily be of a very exten- sive nature. If such companies were not possessed of the poAver of forcing a sale, or taking possession of lands required for the construction of their works, they would be completely at the mercy of landowners whose exorbitant demands might reduce the funds of the com- pany, and prevent the completion of an undertaking of unquestionable public utility. The compulsory powers conferred on railway, &c. companies cannot be put in force until the whole of the capital required for the undertaking is subscribed, of 20 COMPENSATION. which fact a certificate of two justices is made sufficient evidence (a). This provision, as to the necessity of the whole of the capital being paid up, does not apply to an existing rail- way company, who are making a branch line (Z>). The compulsory powers of purchasing land cannot be exercised after the period prescribed in the company's special act(c). If no period be prescribed, not after the expiration of three years from the passing of the special act (d). This limitation of time, within which the compulsory powers are to be exercised, does not apply against a landowner. The notice to treat is an inchoate purchase, and may be insisted on by the landowner, even though the time limited has expired (e). (a) 8 Vict. c. 18, ss. 16, 17; App. (b) Weld v. South Western Bail. Co., 33 L. J., Ch. 142 ; R. v. Great Western Rail. Co., 1 E. & B. 253. (c) Baker v. Metropolitan Rail. Co., 32 L. J., Ch. 7. To this a temporary exception has been introduced by " The Railways Extension of Time Act, 1868," (31 Vict. c. 18 ), according to which the time limited not only for the completion of railways or parts of railways, but also for the purchase by the companies of land for the purpose thereof, may be extended on application made to the Board of Trade within one year after the passing of the act. In estimating the compensation to be made to persons interested in such lands regard is to be had to any addi- tional damage sustained by such persons by reason of any extension of time under this act. See also 31 & 32 Vict. c. 119, s. 46, as to the time from which in certain cases the warrant of the Board of Trade is to take effect. (d) 8 Vict. c. 18, s. 123; App. By 5 & 6 Vict. c. 55, s. 15, addi- tional land may be taken, after the expiration of the prescribed period, for certain purposes there mentioned, but a certificate from the Board of Trade is required. Where the company has obtained a second act they cannot take under its powers, but under a notice to treat given under the powers of their original act, a piece of land falling within the powers of both. Richmond \. North London Rail. Co., L. R., 3 Ch. App. 679. (e) Reg. v. Birmingham and Oxford Junction Bail. Co., 19 L. J., COMPULSORY POWERS. 21 As soon as the company have given a notice to treat, they have exercised their powers of compulsory pur- chase, and all the subsequent steps are intended merely to carry the purchase into effect (f). The compulsory powers are as follows (g) : — A railway, &c. company may, under their powers, enter upon and appropriate all such lands included in the schedule of their act, and in their deposited plans, as are reason- ably necessary for the construction of then- works. They are not confined by their limits of deviation, but may take land requisite for the purposes of the railway be- yond those limits, provided such land be scheduled in the company's act and be included in their plans and books of reference (A). These compulsory powers will even authorize the company's taking lands which have been inalienably settled on a family by act of Parlia- ment. But it is otherwise with the CroAvn, which must be expressly named in a statute in order to be bound thereby ( *). The lands must be bond Jide necessary for the pur- Q. B. 453 ; 20 L. J., Q. B. 304 ; Marquis of Salisbury v. Great Northern Bail. Co., 21 L. J., Q. B. 185 ; Smith v. Dublin and Bray Bail. Co., 3 Ir. Ch. Rep. 225; Boo v. London and Croydon Bail. Co., 1 Rail. Ca. 257; Edinburgh and Dundee Bail. Co. v. Leven, 1 Macq. 284; Hay ties v. Hay ties, 1 Dr. & Sm. 426. (/) Sparrow v. Oxford and Worcester Bail. Co., 9 Hare, 436. (g~) As to companies under special acts, which do not incorporate the Lands Clauses Act, nor contain a clear power to take lands, such a power will not be implied or given by inference. (h) Cothcr v. Midland Bail. Co., 2 Phil. 469; Cranford v. Chester and Holyhead Bail. Co., 11 Jur. 917; Bichards v. Scarborough Public Market Co., 23 L. J., Ch. 110. A railway, &c. company may also enter upon lands, &c. for the purposes of surveying, boring and setting out the line only, upon giving not less than, nor more than, fourteen days' notice, 8 Vict. c. 18, s. 84; App. (i) In re Cucltfield Burial Board, 24 L. J., Ch. 585. 22 COMPENSATION. poses authorized: it is not sufficient that they are required for other purposes which are merely colla- teral (j). A railway company proceeding to purchase under their compulsory powers the fee of land which was within their limits of deviation, but which they only required for the purpose of taking from it soil for then- works, which they might have obtained otherwise, were restrained by perpetual injunction (k). The question has arisen how far the plans, &c. de- posited by the company, as has been above mentioned, and referred to in the special act are incorporated therewith so as to be binding on the company. In an important case in the House of Lords it has been laid down that such plans deposited under the standing orders, prior to the introduction of a bill into Parlia- ment, are merely binding on the company so far as the representations they contain are afterwards incorporated into and made part of the act of Parliament (Z). Where- ever, therefore, such questions arise, the answer will turn on the construction of the act of Parliament authorizing the execution of the works (m). (j) Stockton and Darlington Rail. Co. v. 5ro?r/!,9H.L. Cas. 246; Vane v. Cochermonth, $c. Rail. Co., 13 W. R. 1015; Flower v. London, Brighton and South Coast Rail. Co., 2 Dr. & Sm. 330; Bentinck v. Norfolk Estuary Co., 8 De G., M. & G. 714. (k) Eversfield v. Mid Sussex Rail. Co., 28 L. J., Ch. 107. See Lund v. Midland Rail. Co. 34 L. J., Ch. 276. The lands or tenements must be used for the purposes specified, and may not be subsequently diverted to some other purpose than that for which they were originally taken. Bostoch v. North Staffordshire Rail. Co., 25 L. J., Ch. 325; Boddv. Salisbury and Yeovil Rail. Co., 1 Giff . 158 ; but see on this point Astley v. Manchester, $c. Rail. Co., 27 L. J., Ch. 299. (I) North British Rail. Co. v. Tod, 4 Rail. Ca. 449. (to) Simpson v. South Staffordshire Waterworks Co., 34 L. J., Ch. 380. Anything doubtful will be interpreted with a leaning in favour of the landowner; ibidem. See 8 & 9 Vict. c. 20, s. 15, and Wrigley v. Lancashire, <$c. Rail. Co., 9 Jur., N. S. 710. NOTICE TO TREAT. 23 The company being authorized to take for the pur- poses of their undertaking lands specially described in their act, are themselves the judges whether they will or will not take any particular portions of such lands, provided that in case of their deciding on taking them they act with the bona fide object of using the lands for the purposes authorized by the act, and not for any collateral purpose (rc). They cannot, however, on the simple assertion of their engineer withdraw from judicial inquiry the question of bona fides (o). When the company are desirous of taking any lands or houses under their compulsory powers, they must give notice to the owners that they are willing to treat for the purchase of them, and for the compensation to be made for them. An injunction will not, however, be granted where the company are only exercising their statutory powers, on the ground that such notice has not been given (p). The notice to treat is binding on, and cannot be revoked by, the company. The relation of buyer and seller is, to a certain extent, created by it between the company and the owner (g). There are ttco exceptions to this ride, that a notice to treat cannot be revoked. First— in the case of notices given by commissioners of public works acting on («) Directors of the Stockton, $e. Ba il. Co. v. Brown, 9 H. L. Cas. 246. (o) Flower v. London, Brighton, §e. Bail. Co., 34 L. J., Ch. 540; S. C, 2 Dr. & Sm. 330. (_p) Button v. London and South Western Bail. Co., 18 L. J., Ch. 345; Ferrand v. Corporation of Bradford, 21 Beav. 412. (q) B. v. Hungerford Market Co., 4 B. & Ad. 327; Haynes v. Bay nes, 30 L. J., Ch. 578; Adams v. London and Blaehwall Bail. Co., 2 Macn. & G. 118; see supra, p. 21. As to what will constitute this relation, see Schwinge v. London and Blaehwall Bail. Co., 24 L. J., Ch. 405. See App. for Forms of Notices to Treat. 24 COMPENSATION. behalf of the Executive (r), and — Secondly — where the notice given by a railway, or other public company, refers to part only of the land and premises, and the party gives a counter notice requiring the company to take the whole. In this latter case the company may, on the owner's refusal to sell part of the lands or pre- mises, abandon the purchase (s). The notice to treat is the foundation of the right of the company to proceed to assess the compensation ; but if a party waive the necessary notice, he cannot afterwards take the objection that he never received a notice. So, also, a party who has appeared at an inquiry cannot object to the inquisition on the ground that it did not disclose that a notice to treat had been duly served (£). The notice must be served personally or at the party's last usual place of abode ( u ). The notice to treat does not operate as a conversion of freehold into personalty ; so that if it be given to an owner after he has made his will, it will not affect the disposition of this property in (»•) R. v. Commissioners of 3fanehester, 4 B. & Ad. 333, n.; Reg. v. Commissioners of Woods and Forests, 19 L. J., Q. B. 497; Steele v. Mayor and Corporation of Liverpool, 14 W. R. 311 ; S. C, 7 B. & S. 261. (s) Reg. v. London and South Western Rail. Co., 5 Rail. Ca. 6G9. See further as to this, Chap. V. (t) R. v. Committee for the South Holland Drainage, 8 A. & E. 429 ; R. v. Trustees of Swansea Harbour, 8 A. & E. 447. As to notices to treat to persons in an imbecile state of mind, see Midland Counties Rail. Co. v. Oswin, 3 Rail. Ca. 497. («) 8 Vict. c. 18, s. 19; App. There is sometimes a doubt as to the person on whom notice to treat should be served. See Martin v. Lon- don, Cliatham and Dover Rail. Co., 35 L. J., Ch. 795 (case of mort- gaged land), Carter v. Great Eastern Rail. Co., 8 L. T., N. S. 197 (case of change of tenancy after notice served), Harrington v. Metro- politan Rail. Co., 13 L. T. 583, 658 (service on the next friend of an infant in a pending suit, instead of on the guardian). NOTICE TO TREAT. 25 his will (x). But though the mere notice to treat does not work a conversion, as soon as the price to be paid by the company is fixed conversion takes place, and equity will decree specific performance (y). A Court of Equity will also interfere by injunction to prevent the sale of land after notice to treat (z). The notice to treat should state accurately the quan- tities and the situation of the lands or premises required, of which it is also usual that a plan should be attached to it (a) or referred to in it. If any mistake occurs, the company will be unable to enter on any lands or pre- mises which are omitted from the notice and plan so annexed to it, or referred to in it (b). The com- pany will also be bound to take the lands, &c. spe- cified in it (c) ; and if the amoimt of compensation (#) Haynes v. Haynes, 30 L. J., Ch. 578. (y) Mason v. Stokes Bay Hail, and Pier Co., 1 N. R. 84 ; In re Wootton's Trusts, 1 N. R. 193; Regent's Canal Co. v. Ware, 26 L. J., Ch. 566. A railway company having given notice to treat was let into possession under a verbal arrangement with testator, to whom also a written memorandum was given by the company's agent, stating that interest was to be paid him at the rate of 51. per cent, on the compensa- tion money to be thereafter settled. The testator died before steps were taken to ascertain the amount of compensation, and under these circumstances it was held that there was no conversion. Righton v. Righton, 36 L. J., Ch. 61. (z) Metropolitan Rail. Co. v. Woodhouse, 34 L. J., Ch. 297. (a) Sims v. Commercial Rail. Co., 1 Rail. Ca. 431. (b) Kemp v. London and Brighton Rail. Co., 1 Rail. Ca. 495. (c) Morgan v. Metropolitan Rail. Co., L. R., 3 C. P. 553. Such notices should be proceeded on within a reasonable time. After great delay they will be treated by Courts of Equity as abandoned, and no longer to be enforced by either of the parties. Hedges v. Metropolitan Rail. Co., 28 Beav. 109; Richmond v. North London Rail. Co., 18 L. T., N. S. 8 (affirmed, L. R., 3 Ch. App. 679). As to this rule of equity, see also Southcomb v. Bishop of Exeter, 6 Hare, 213, and Steward v. Smith, ibid. 222, n. I. C 26 COMPENSATION. be disputed and referred to arbitration, the notice defines what is submitted to arbitration : and if it be referred to a jury, the description of the lands in the warrant for summoning the jury must correspond with that in the notice. The company are bound to take the whole of the lands specified in the notice. Thus, a railway company gave notice to a landowner that they should require tiventy perches of land ; afterwards they gave a notice that they should only require one perch, and, together with this second notice, they gave another withdrawing the first notice. It was held that the first notice was bind- ing (d). But there is no objection to the company's giving further notices that they require additional lands (e) ; until the works are complete, of course, the company cannot know whether they will require more lands. This was formerly doubted, but it is now well settled that they can do so (/*). When an owner of lands, &c. has received this notice to treat, he ought within twenty-one days send in to the company the particulars of his claim, and endeavour to Come to terms with the company as to the amount of compensation to be paid him for his interest in the lands. The particulars of the claimant's interest in the lands, &c, should be strictly correct (y), and if he be the owner any existing tenancies should be specified. Care should also be taken that the particulars describe the same lands or premises as those mentioned in the company's (d) Tawney v. Lynn and Ely Rail. Co., 4 Rail. Ca. 615. (?) Simson v. Lancaster Rail. Co., 4 Rail. Ca. 625. (/) Stamp v. Birmingham, fyc. Rail. Co., 6 Rail. Ca. 128. ($) North Staffordshire Rail. Co. v. Landon, 17 L. J., Ex. 350. PARTICULARS OF INTEREST. 27 notice to treat. However, the statement of a claim, though incorrect, will be good, if it be not of a nature to mislead (h). In a subsequent case, the claimant, in his notice given to the company, described himself as " occupier," and it was held sufficient (i). And, in another case, it was held by Stuart, V. C, that verbal communications respecting the particulars of the land in the lease made by the plaintiff's solicitor, who went for the purpose of giving the information to the sur- veyor of the company, was sufficient notice to the com- pany to determine the particulars of the agreement between the plaintiff and the company (&). Attention should, however, be given to the correctness of the par- ticulars, as a material error in them may be fatal to the subsequent proceedings. In a recent case the claimant had described his in- terest as follows : " The said lands and hereditaments are held by me on lease," and proceeded to state his claim. It was held by the Court of Queen's Bench that this statement of particulars was not sufficient to satisfy the requirements of the 68th section, as to which Cockburn, C. J., remarked, that the true construction of the language used in it, " that is, ' the nature of the interest,' is, that it is synonymous with and equivalent to the term f particulars of estate and interest ' which is used in the 18th section." He proceeded to distinguish (li) Eastham v. Blackburn Rail. Co., 23 L. J., Ex. 199, where the Court of Exchequer decided that a notice intended for the Blackburn Railway Company, but addressed " The Blackburn and Clitheroe Rail- way Company," was sufficient. (i) Cameron v. Charing Cross Bail. Co., Bourhill v. The Same, 4 N. R. 150. In his judgment Erie, C. J., however said, this is the " barest notice that could be supplied." (A) Inge v. Birmingham, Jyc. Bail. Co., 3 D. M. G. C58. C 2 28 COMPENSATION. the case from Cameron v. The Charing Cross Rail. Co., with which case the Court expressed their concurrence, as follows : "As to the case which has been so much pressed upon our attention, I do not at all quarrel with the judgment of the Court of Common Pleas. Perhaps there may be language occurring in the judgments which would not have been used by the learned Judges if they had had the present case before them. But fully concurring in the decision of that case, upon the ground that all that was necessary there was that the interest should be stated as the interest of an occupier, the obstruction having been temporary and not perma- nent, and therefore, it being clearly unnecessary, in order to guide the company, that the claimant should state whether he was the occupier for the time or for any longer term, — frilly concurring in the propriety of the decision, I cannot go the length of saying, as it is contended for the plaintiff, that the language of the learned Judges applies to the case now before us" (I). Notice to treat for leasehold land will be held to abrogate covenants in the lease with which it is incon- sistent. For instance, where notice was served on a lessee whose lease contained a covenant not to assign without the consent of the lessor, it was held that the covenant was abrogated, so that the lessee could assign without a licence from his lessor, whose power to prevent the assignment was taken away by act of Parliament. It was also held to be immaterial in this case that the price of the lessee's interest was arranged by private agreement {m). (I) Healey v. Thames Valley Rail. Co., 34 L. J., Q. B. 52. Sect. 122 would seem to apply to such a case, App. Seepost, Chapter X., " Modes of assessing Compensation." (to) Slipper v. Tottenham and Hampstead Junction Rail. Co., INTEREST IN LANDS. 29 If the owner take no steps for twenty-one days after receiving the notice to treat from the company, or if he and the company cannot agree as to the amount to be paid for the lands, &c, the claim must be settled in the manner provided for settling cases of disputed compen- sation, which will be explained hereafter (n). As to what constitutes, or does not constitute, an in- terest in lands entitling the owner to compensation for interference with it, there have been some recent deci- sions. In Bird v. The Great Eastern Rail. Co. (o), the plaintiff possessed the right of shooting over land, by an agreement not under seal. Portion of the said land was taken by the defendants under their compul- sory powers, its value paid to the owner, and a railway constructed thereon. The defendant sued for damage to his interest therein, namely, the right of sporting conferred on him by the aforesaid agreement. Erie, C. J., was of opinion, in which the other learned Judges concurred, that the agreement, even assuming that it gave the plaintiff the right to maintain a suit in Equity, still gave that right only as between the parties to the contract ; and on the principle laid down by Lord Cottenham in Tasker v. Small (p), could not be extended so as to affect the interests of others. Even had the plaintiff had a grant under seal, the same 36 L. J., Ch. 841; Windham v. Marlowe, 8 East, 314, n. See Johnson v. Edgware, Highgate and London Rail. Co., 35 L. J., Ch. 322. (n) See post, Chapter X. As to the mode of enforcing payment of unpaid purchase-money after the construction of the line, see Pell v. Northampton and Baiibury Rail. Co., L. R., 2 Ch. App. 100 ; Cosens v. Bognor Rail. Co., L. R., 1 Ch. App. 594; Walker v. Ware, fyc. Rail. Co., 35 L. J., Ch. 94; Sedgwick v. Watford, $c. Rail. Co., 36 L. J.. Ch. 379. See infra, pp. 40, 41. O) 34 L. J., C. P. 366. {p) 3 Myl. & Cr. 63. 30 COMPENSATION. learned Judge was of opinion that it would not have given him such a right as woidd be available for com- pensation. From this case, taken in connection with Tasker v. Small (p), we may conclude that a contract for the purchase of land, though enforceable in Equity, will not give the party contracting to purchase such an interest as is subject for compensation under the Lands and Railways Clauses Acts. An easement has been held to be such an interest. Where the access of light to the plaintiff's premises had been obstructed, and they had thereby been rendered less convenient for the purposes of the plaintiff's trade, even though their selling value had not been diminished, it was held that he was entitled to compensation ; — " that the injury was not limited to the trade, but was a permanent injury to the tenant's interest in the land itself" (g). An equitable lien has been held to give such an in- terest. In Rogers v. The Dock Company at King- ston-npon-Hnll (r), the plaintiffs were tenants from year to year, their tenancy being determinable upon six months' notice to quit. The agreement to let contained a stipulation that, in case the plaintiffs should erect any buildings on the land in question, they were to have the privilege of removing them at any time during their occupancy, or otherwise were to be allowed a beneficial interest in the same to the amount of the sum expended in the erection of the said buildings, such beneficial in- terest to extend over twenty years from the date thereof; (j?) 3 Myl. & Cr. 63. (q) Eagle v. Charing Cross Rail. Co., L. E., 2 C. P. 638 ; Richet v. Metropolitan Rail. Co., L. R., 2 H. L. 198 (per Lord Cranworth). (r) 34 L. J., Ch. 165. INTEREST OF EQUITABLE MORTGAGEE. 31 in other words, if the plaintiffs were required to give up possession of the said piece of ground before the expiration of twenty years, they were to be allowed one twentieth part of the amount expended, as aforesaid, for each remaining year of the unexpired term of twenty years. The premises were required by a company under a local act of Parliament, with which was incor- porated the Lands Clauses Consolidation Act, 1845, and notice to quit was served upon the tenants. The buildings were not removed by the tenants, and on the expiration of the notice the company took forcible pos- session of the premises, without having given the tenants notice to treat for their interest therein, or deposited the value of such interest. Upon a bill filed by the tenants to restrain the company from taking or keeping possession of the premises, until they should have pro- perly entitled themselves thereto, it was held by West- bury, C.j affirming the decision of "Wood, V. C, that the tenants had a sufficient interest in the premises, after the expiration of the notice, to entitle them to relief. " My judgment," says the learned Chancellor, " is foimded upon this basis, that notwithstanding the tenancy had legally come to an end both at law and in equity, yet the agreement conferred on the tenants a species of lien or equitable right, being an interest in the lands, which was an impediment to the dock com- pany resorting to the proceedings which they adopted, unless the dock company had provided for that in- terest." If the lands are in mortgage, the company should communicate with the mortgagee as well as with the mortgagor (s). (s) Ranlien v. East and West India Docks, fyc. Co., 12 Bear. 298; Martin v. London, Cliatham and Dover Rail. Co., 35 L. J., Ch. 795. 32 COMPENSATION. A railway company requiring lands which were sub- ject to an equitable mortgage, of which the company had notice, caused them to be valued by a surveyor under the 85th section of the Lands Clauses Act, and deposited in the bank the amount so estimated as their value, besides giving bonds for a similar amount to the equitable mortgagees and mortgagors respectively, as in that section provided. They afterwards had the pur- chase-money of the estate and compensation assessed by a jury duly summoned for that purpose, according to the provisions of the said act, but to this proceeding the equitable mortgagees were not parties, nor was any notice of it given to them, nor any notice to treat. Under these circumstances it was held by Lord Chan- cellor Cranworth, reversing the decision of Stuart, V. C, that the equitable mortgagees were not entitled to have their claim paid from the money deposited by the company, but retained their lien on the property comprised in the deeds deposited with them, the relief to which they were entitled being the common relief of an equitable mortgagee by deposit (s). In addition to their powers of compelling a sale of lands and houses required for the purposes of their undertaking, railway and other public companies also possess a very speedy and summary power of entering and taking possession of lands, &c, against the will of owners in cases where the company are desirous of en- tering upon and permanently using (t) such lands before (,?) Martin v. London, Chatham and Dover Rail. Co., 35 L. J., Ch. 795. (t) 8 Vict. c. 18, s. 85; App. Making a permanent tunnel through the soil of a public highway, without disturbing the surface, is a per- manent using of the lands. Ramsden v. Manchester, fyc. Rail. Co., 1 Ex. 723. APPOINTMENT OF SURVEYOR, &C. 33 the amount of the purchase-money and compensation are ascertained. This summary power of entry appears to have been conferred on these companies to prevent unnecessary delay, or wilful obstruction, being vexatiously thrown in their way by obstinate landholders (u). In all such cases ichere a railway or other public company have given a notice to treat, but are desirous of obtaining immediate possession of lands, they may do so at once, against or without the consent of the owner, on depositing in the Bank of England the sum claimed by the owner, or such sum of money as a sur- veyor appointed by two justices (v) shall determine, and also give a bond to the owner, with two sufficient sureties to be approved of by two justices (v) in a penal sum equal to the sum deposited in the bank, to secure the payment of the purchase-money and interest at the rate of 51. per cent, from the time of entering {x) on the lands until purchase-money be paid or deposited in the bank (y). It is not necessary for the company to give notice to the owner of then* intention to make this deposit and give this bond (z). (?/) Wood v. Tlie Charing Cross Rail. Co., 33 Beav. 290. («) But now by the Board of Trade; 30 & 31 Vict. c. 127, s. 36, amending 8 Vict. c. 18, s. 85. This valuation should include compen- sation for severance, as well as the value of the land. Field v. Llan- heris Rail. Co., 37 L. J., Ch. 176. (#) Whether this means the actual or the lawful entry has not been determined. Lord Cottenham suggested, but did not decide, the diffi- culty. Willey v. South Eastern Rail. Co., 6 Rail. Ca. 100. (y) 8 Vict. c. 18, s. 85; see App. for Form of Bond. (z) If a company, under this summary power of entry, get into pos- session informally, but afterwards proceed in due form, they will be allowed to retain the land. Willey v. South Eastern Rail. Co., 6 Kail. Ca. 100; Bridges v. Wilts, fyc. Rail. Co., 4 Rail. Ca. 622. So C5 34 COMPENSATION. The provisions of the 85th section have been amended by 30 & 31 Vict. c. 127, s. 36, in the following par- ticulars : — 1. The surveyor to be appointed as in that section provided shall be appointed by the Board of Trade instead of by two justices, and all the provisions of that act relative to a surveyor appointed by two justices shall apply to a surveyor so appointed by the Board of Trade. 2. The company shall give not less than seven days' notice of their intention to apply to the Board of Trade for the appointment of a surveyor to any party interested in or entitled to sell and convey the lands in question, and not consenting to the entry of the company. 3. The valuation to be made by the surveyor so appointed shall include the amount of compensation for all damage and injury to be sustained by reason of the exercise of the powers conferred by the said section, as far as such damage and injury are capable of estima- tion. 4. The sureties to the bond to be given by the com- pany under that section shall, in case the parties differ, instead of being approved of by two justices, be approved of by the Board of Trade, after hearing the parties. It has been settled that the 84th and 85th sections do not apply to injuriously affecting lands by companies in where the objection on the ground of informality has been waived by any subsequent treating with the company. Tower v. Eastern Counties Rail. Co., 3 Rail. Ca. 374. In some cases relief may be had under the provisions of sect. 124 ; see Hyde v. The Mayor of Manchester, 5 De G. & S. 249, 264. It is to be observed that the powers of entry under the 85th section can only be taken advantage of where so urgent a necessity for immediate entry exists as to preclude the company from following the slower modes of procedure provided by the act. Field v. Carnarvon and Llanberis Rail. Co., 37 L. J., Ch. 176. DEPOSIT AND BOND. 35 the execution of their lawful powers, and consequently that in such cases the party sustaining the injury cannot obtain an injunction. Under such circumstances the proper course is to allow the works to be completed and then to proceed under the 68th section (a). Nor do those sections apply to the case of lands taken for a temporary purpose (b), nor to entry on land merely for the purpose of making a survey (c). If on giving the notice to treat in the first instance for a part only of premises they have been met with a counter-notice from the owner requiring them to take the whole, the company cannot enter upon paying into Court the value of the part, but must pay in the value of the whole (d). The company should not appoint their own surveyor to make this valuation (e). A valuation made by a surveyor who does not enter the building valued is not a proper valuation (f). If lands taken possession of under this summary power be mortgaged, and the time for paving off the mortgage has not arrived, the company must also deposit sufficient to cover the compensation the mort- gagee is entitled to for being paid off before the stipu- lated time {(/). (a) Hutton v. London and South Western Rail. Co., 18 L. J., Ch. 345; Lister v. Lohley, 7 A. & E. 124; Ferrand v. Corporation of Bradford, 21 Beav. 412; Macey v. Metropolitan Board of Works, 33 L. J., Ch. 377. (&) Temple Pier Co. v. Metropolitan Board of Works, 34 L. J., Ch. 262. (c) Fooks\. Wilts, Somerset, tyc. Rail. Co., 4 Bail. Ca. 210; Rams- den v. Manchester, Sfc. Rail. Co., 5 Bail. Ca. 552. (d) Giles t. London, Chatham and Dover Rail. Co., 30 L. J., Ch. 603. (e) Langham v. Great Northern Rail. Co., 5 Bail. Ca. 263. (/) Cotter v. Metropolitan Rail. Co., 4 N. B. 454. (g) 8 Vict. c. 18, a. 114; Ranken v. East and West India Docks, 36 COMPENSATION. The money thus directed to be paid in is placed to the account of the Accountant-General, and to the credit of the parties interested in the lands so to be entered upon. This deposit remains as a security to the owners of the lands for the performance of the condition of the bond, and upon the condition of the bond being fully performed the money may be repaid to the company (/«), or, if the condition be not fully performed, the Court may order the money to be applied for the benefit of the parties for whose security the same was deposited. If the company or their contractors wilfully enter upon lands without consent or payment of deposit they are to forfeit to the party in possession of such lands 10/. over and above the amount of any damage done by such entry, such penalty to be recovered before two justices. And if after conviction for such unlawful entry the company continue in unlawful possession, a daily penalty of 251. for such continuing in unlawnd possession is imposed on them, such further penalty and costs to be recovered by action in any of the superior Courts (i). life. Rail. Co., 12 Beav. 298. Whatever a railway, &c. company are bound to take under the 92nd section (see next Chapter), they must, in proceeding under the above-mentioned power of entry, cause to be valued, and pay the value thereof into Court. Gibson v. Hammer- smith Rail. Co., 1 N. R. 305. (A) Ex parte South Wales Rail. Co., 6 Rail. Ca. 151; Ex parte Lon- don and Southampton Railway Extension Act, 16 Sim. 165; S. C, nomine Ex parte Stevens, 5 Rail. Ca. 437; Ex parte Great Northern Rail. Co., 5 Rail. Ca. 269. It is necessary that the vendor should be a co- petitioner, or that there should be an affidavit that he has been served with a copy of the petition. Ex parte South Wales Rail. Co., ubi supra. (t) 8 Vict. c. 18, s. 89. If a landowner once consent to the com- pany's entry on his land, he cannot, it seems, revoke that consent; his proper mode of proceeding is to enforce compensation. Doe d. Hud- son v. Leeds, Sfc. Rail. Co., 20 L. J., Q. B. 486; Enapp v. London, Chatham and Dover Rail. Co., 32 L. J., Exch. 236. TEMPORARY POSSESSION. 37 It would seem that the placing waggons, rails and other implements on land without commencing the rail- way works or doing other damage is not an entry within the meaning of the act (A). The word " wilfully " is confined to the first branch of this section, and does not apply to that part which imposes a daily penalty for continuing in unlawful pos- session after conviction ( /). Where a railway company obtained immediate pos- session under the provisions of sect. 85, and the land- owner gave notice that he wished to have the question of compensation settled by a jury, in neglect of which notice the company did not issue the warrant to the sheriff within twenty-one days after notice, it Avas held that the 85th section made 51. per cent, interest payable on a sum recovered under sect. 68 for such neglect (m). The bond should be expressed in the very words pre- scribed (n). If the bond be invalid from any reason, the entry by the company will be unlawful, and eject- ment or trespass may be maintained. The company may give a second bond if the first be informal (o). Where the company have entered even with the tenant's consent, and done damage of a permanent nature, they may be compelled by the landowner to make a deposit, and give the bond required by sect. 85, or, in defaidt, be restrained by injunction and compelled to restore the land to its former condition (p). (k) Standish v. Mayor of Liverpool, 1 Drew. 1. (I) Hutchinson v. Manchester, fyc. Rail. Co., 3 Rail. Ca. 756. (m) Re Aberdare Rail. Co., 8 W. R. 603. (•») Cotter v. Metropolitan Rail. Co., 4 N. R. 454 ; Hoskins v. Phillips, 3 Exch. 181. (o) Willey v. South Eastern Rail. Co.. 1 M'N. & Gord. 58. (p) Armstrong v. Wat erf or d and Limerick Rail. Co., 10 Ir. Eq. R. 60. 38 COMPENSATION. If there are tenants in common claimants to the lands, &c, separate bonds should be given (q). Though the approval of justices is provided " in case the parties differ," it has been decided, that the sureties may be fixed upon by the company without notice to the claimant. But as the company are bound to deposit the amount of the claim or valuation as well as to give a bond, no practical harm can arise from this con- struction (r). It is not inequitable for a company, after giving a notice to treat and also a notice of their intention to cause a jury to be summoned, to proceed to obtain possession of lands or premises under this summary power (s). But lands, &c. in possession of a receiver of the Court of Chancery must not be taken without leave of the Court (t). Where a company had omitted to give notice to treat to a landowner through whose land the line was to pass, till their compulsory powers had nearly expired, there being, however, still time remaining sufficient for taking all the initiatory steps, it was held that a mandamus would lie to compel the company to proceed to complete their line (u). If, however, the parties who wish the line completed do not apply till the compulsory powers (q) This would seem the better course. See Banbneyv. Manchester, §c. Rail. Co., 10 L. T. 283; Langham v. Great Northern Rail. Co., 5 Rail. Ca. 263. O) Bridges v. Wilts, $o. Rail. Co., 4 Rail. Ca. 622 ; Poynder v. Great Northern Rail. Co., 5 Rail. Ca. 196. (s) Langham v. Great Northern Rail. Co., 5 Rail. Ca. 263. (t) link v. Rundle, 10 Beav. 318. (u) Reg. v. York, Newcastle and Berwick Rail. Co., 20 L. J., Q. B. 503; Reg. v. Lancashire and Yorkshire Rail. Co., and Reg. v. York and North Midland Rail. Co., ibid. 507, in notis. SALE AND REPURCHASE OF LANDS. 39 have expired, they are guilty of laches, and the Court will not interfere (x). Railway companies may also take temporary posses- sion of lands which abut on the intended line of railway, but this power is confined within certain specified limits, and mansion-houses and other enclosed property are protected from such an invasion. So also railway companies may take temporary pos- session of certain private roads. These cases, arising imder the Railways Clauses Consolidation Act, are treated of in another Chapter (post, Chap. XIII.). After a railway is completed the company may in certain cases enter on adjoining lands for the purpose of preventing accidents and of repairing the railway ; and in some cases lands not included in the schedules an- nexed to the special act may be taken under the com- pulsory powers of the act ; but in all these cases a certificate from the Board of Trade must be obtained by the company (y). A railway company may remove and alter water and gas pipes, but they cannot disturb such pipes until they have laid down others (z). And railway companies may also, in addition to the lands which they have compulsory powers of taking, contract for the purchase of other lands for extraordinary purposes (a). As to the power of railway and other public com- (#) Beg. v. London and North Western Rail. Co., 20 L. J., Q. B. 399, where Beg. v. Birmingham and Gloucester Bail. Co., 2 Q. B., 47, is distinguished. {y) 5 & 6 Vict. c. 55, ss. 14, 15. (z) 8 Vict. c. 20, ss. ] 8—23. (a) 8 Vict. c. 20, s. 45. This section does not apply to lands, &c. within limits of deviation. Sadd v. Maldon, fyc. Bail. Co., 6 Rail. Ca. 779. 40 COMPENSATION. panies to sell lands which they have purchased for extraordinary purposes and re-purchase others, see 8 Vict. c. 18, s. 13. As to the footing on which a public body, entrusted with extraordinary powers of buying and selling lands for a purpose of public benefit, and not of profit to them- selves, stand with respect to such buying and selling, see Galloway v. The Mayor, Commonalty and Citizens of London, Sfc, and The Mayor, fyc. of London v. Galloway (H). As regards the remedy against companies for the price of lands taken under their compulsory powers, it has been decided in a recent case not only that the ordinary lien of a vendor for unpaid purchase-money is not ex- cluded by the remedies which he has under the Lands Clauses Act, but even that, under certain circumstances, it attaches to the land in respect of unpaid compensation money also, namely, where the purchase and compensa- tion money are settled by the same agreement or award ; and that this right is not lost by his taking security be- fore the award has been made. " I am of opinion," says Romilly, M. R., "that a distinction cannot be drawn between the price of the land and the compensation for severance damages. If 200/. is paid to a landowner by a railway company, 100/. for land taken, and 100/. for compensation, these sums ought not, I think, be separated even if the amount is ascertained by award, and the award states the items which make up the whole. I fully admit that where no land is taken, compensation money will be mere compensation money ; in such a case there could be no lien because there is no land sold. So again, if there were to be two separate agreements at different times, the one as to the land taken, and the (b) 35 L. J. } Ch. 477. vendor's lien— superfluous lands. 41 other as to the compensation, there again the sums pay- able must be treated as standing on different footings. But if the sum to be paid by the railway company is made up of different ingredients, still it is to be regarded only as the price the railway company pays for what it takes, and the vendor will be entitled to a lien for the whole. In this case the sums were stated separately, but that circumstance will be immaterial, as they were comprised in the same aw r ard. " Further, I am of opinion that the acts of Parlia- ment which have been referred to do not deprive the vendor of his lien. The true construction of those acts was never meant to be that the company might take any lands upon paying into Court the amount of a valuation and giving a bond, so as to deprive the vendor of his right to have the lands properly valued, or to deprive him of his regular lien in the event of the sums paid in being deficient. Here I hold that the price is, in effect, made up of two sums, and that the vendor is entitled to a lien for the whole. Nor can I see how the vendor has deprived himself of his right by taking security. The price was not to be ascertained till the award. The case of a vendor who takes security for an ascertained amount of purchase-money is not analogous. The ven- dor's lien is a right inherent in equity independent of contract" (c). (c) Walker v. Ware, Hadham and Bmitingford Bail. Co., 35 L. J., Ch. 94; Sedgwick v. Watford and Richnansn-orth Rail. Co., 36 L. J., Ch. 379; Wing v. Tottenham and Hampstead Junction Rail. Co., L. R., 3 Ch. App. 740; Egton v. Denbigh, %c. Rail. Co., Rickman v. Johns, L. R., 6 Ch. 488. As to the mode of enforcing the payment of unpaid purchase-money, see the above cases, and Cosens v. Bognor Rail. Co., 36 L. J., Ch. 104; Pell v. Northampton and Banbury Rail. Co., 36 L. J., Ch. 104; S. C, L. R., 2 Ch. A].]). 100; Bishop of Winchester v. Mid-Hunts Rail. Co., 37 L. J., Ch. 64. 42 COMPENSATION. With respect to lands acquired by the promoters of the undertaking under the provisions of the Lands Clauses Act or their special act, but which are not re- quired for the purposes thereof, it is enacted, that within the period prescribed, or, if no period be prescribed, within ten years after the expiration of the time limited by the special act for the completion of the works, the promoters of the undertaking shall absolutely sell and dispose of all such superfluous lands, and in default thereof all such lands remaining unsold at the expiration of the period fixed in the act shall thereupon vest in and become the property of the owners of the lands adjoining thereto, in proportion to the extent of their lands re- spectively adjoining the same (d). It has been held, that where the special purposes for which the land was originally taken have failed within the ten years or other period fixed by the special act, the vendor has no equity to support a bill praying the reconveyance of the land within that period ; nor will an injunction be granted restraining the company from making use of the land without the allegation of special damage (e). Regard, however, being had to the inchoate right of pre-emption he will be considered to have a sufficient interest to en- title him to restrain the company from damaging the property, and to restrain by injunction what the act of Parliament does not authorize to be done (f). Before disposing of such superfluous lands the pro- moters are boimd to offer them, unless they be lands situate in a town(^), or built upon, or used for building (d) 8 Vict. c. 18, s. 127; App. (e) Astley v. Manchester, fyc. Bail. Co., 27 L. J., Ch. 299. (/) Ibid., and Bostock v. North Staffordshire Bail. Co., 24 L. J., Q. B. 225; 25 L. J., Ch. 325. (g) See p. 54, n. pre-emption— vesting of superfluous lands. 43 purposes, in the first instance, to the person then en- titled to the lands, if any, from which they were origi- nally severed (h), or if such person refuse to purchase or cannot be found, then to the person or persons whose lands immediately adjoin the said superfluous lands. Where several persons are entitled to this right of pre- emption the offer is to be made to them one after another, in such order as the promoters may think fit (i). Such persons will be considered to have waived their right of pre-emption if they do not signify their desire to pur- chase within six weeks after the offer has been made to them (j). Differences as regards the price are to be settled by arbitration, whereof the costs are to be at the discretion of the arbitrators (A). The right of pre-emption, as given in the 128th sec- tion, is not confined to the persons from whom the lands were taken and who were served with the notice to treat, but devolves on the proprietors for the time being who have by transmission the adjoining lands from which the superfluous lands were originally severed (/). (/() If during the ten rears the company, by applying land to any other purpose than the construction of their line, show that it is super- fluous, the original owner need not wait till the end of that period to file his hill in order to establish his right of pre-emption. Beauchamp v. Great Western Rail. Co., 37 L. J., Ch. 74 (affirmed on this point by the Lords Justices, L. R., 3 Ch. App. 745). As to the meaning of " lands not required for the purposes thereof," see R. v. Wycombe Rail. Co., 36 L. J., Q. B. 121 (per Cockburn, C. J.). (i) 8 Vict, c. 18, s. 128. (j) Ibid., s. 129. (it) Ibid., s. 130. (Z) Carington v. Wycombe Rail. Co., L. R., 2 Eq. 825. It also ex- tends to lessees for years of such adjoining lands, even where separated from the superfluous lands by a private road of which the lessees had the exclusive user during their tenancies. Coventry v. London, Brighton and South Coast Rail. Co., 37 L. J., Ch. 90. 44 COMPENSATION. It has been decided that these provisions as to super- fluous lands apply to the reversion or other partial inte- rest in land, acquired by a company under their com- pulsory powers, as much as to the actual fee simple in actual possession (m). In the same case it was held that, where after the expiration of the ten years, the special act not containing any prescribed period, lands, to which this section applied, remained undisposed of, being in fact in the occupation of tenants paying rent to the company, and subsequently the company, in pro- moting another private act, got a clause inserted ex- tending the periods limited for the sale of superfluous lands for five years from the passing of the act, this clause had no effect to prevent the lands which remained unsold after the first period of ten years, from vesting, or rather, from having vested, in the owners of the ad- joining lands. It was also held by the Court of Ex- chequer Chamber, which reversed on this point the decision of the Court below, that where there are several properties in contact with such superfluous land, it will vest in the owners in proportion to the length of the frontage or line of contact of the property of each with the superfluous land, supposing these lines of contact to be straightened. For instance, supposing the length of the lines of contact of the properties of A., B. and C, the three adjoining owners, to be twenty feet, ten feet and ten feet, respectively, A. takes half, and B. and C. each a quarter (n). (m) Moody v. Corbet, 34 L. J., Q. B. 1G6, affirmed in the Exchequer Chamber as to this and the following propositions, 35 L. J., Q. B. 161. O) Moody v. Corbet, 35 L. J., Q. B. 161. ( 45 ) CHAPTER V. Certain Restrictions on the Powers possessed by Railway and other Public Companies — Part only of a House cannot be taken — Nor of a Manufactory — Nor of a Workshop — Trade Fixtures, though removable, must be purchased — Intersected Lands— Costs of Inquiries — Lands purchased for extraordinary Purposes. It is provided " that no party shall at any time be re- quired to sell or convey to the promoters of the under- taking, a part only of any house or other building or manufactory, if such party be willing and able to sell and convey the whole thereof" (a). This provision merely protects an owner from being required to sell a part only of his house, &c, but it does not oblige the company, on the owoier's refusal to sell a part, to take the whole. If a railway, &c, company proceed to treat for a part only of a house, &c. the owner should give the company a counter-notice, requir- ing them to take the whole of the premises, but he cannot compel them to do so. The company, on his refusal to entertain their notice for a part, may abandon their intention and refuse to take any part of the pre- mises (b). («) 8 Vict. c. 18, s. 92; App. (ft) Reg. v. London and South Western Rail. Co., 5 Eail. Ca. 669 ; King v. Wycombe Rail. Co., 29 L. J., Ch. 462; Ex parte Quicke, 13 W. R. 924. And see Pulling v. London, Chatham, 4'c. Rail. Co., 4 N. R. 386. Nor can a landowner, part of whose honse is taken, com- pel the company to take any portion less than the whole. See last case. 46 COMPENSATION. We have seen above that a notice to treat cannot be revoked ; but if the company, on giving a notice to treat, are met with a counter-notice requiring them to take the whole, the counter-notice is a suspension of the original notice to treat, and if such counter-notice be not accepted by the company, they may refuse to take any part. If, on the other hand, the counter-notice be withdrawn by the owner, the original notice to treat is revived (c). In the case of such notice, followed by a counter-notice, the assent of the company, given even after the expiration of their compulsory powers, has been held to be a compliance with the terms of the act and to create the relation of vendor and purchaser as to the property comprised in the counter-notice (d). A landowner, who has received a notice to treat for the sale of a part of his premises, does not, by offering to sell that part at a price named by him, preclude himself, if the company 'decline the offer, from requiring them to take the whole under this section of the Lands Clauses Consolidation Act. And the proper construc- tion of the words " at any time," contained in the clause, is, that a landowner shall not be compelled to sell a part of his house, &c, if, before the company have begun to put their compulsory powers in motion, he gives them notice to take the whole (e). Questions have arisen as to what is the meaning of the words " house " and " manufactory," and what they include. It has been decided, that the word " house " (c) Pinchin v. London and Blackmail Rail. Co., 1 Kay & J. 34. But not if the landowner lies by for an unreasonable time. Ex parte Quiche, 13 W. R. 924. (d ) Scluvinge v. London and Blackmail Bail. Co., 24 L. J., Ch. 405. (e) Gardner v. Charing Cross Rail. Co., 31 L. J., Ch. 181. GARDEN PART OF A HOUSE. 47 comprises not only the courtyard, but also the office, houses and garden, and all that is necessary to the en- joyment of the house, if within the same ambit or circuit, whether attached to the main building or not, and though purchased subsequently to the erection of the main building (f). A railway company proposed to take only a house of convenience situated at the end of a garden used with the house. The company were obliged to take the dwelling-house and the whole of the premises (g). Where a property consisted of a mansion-house, with offices, a garden and an orchard, comprising about an acre and a half, surrounded by a brick wall ; and a rail- way company took a portion of the garden and orchard, and divided one part of the premises from another, and destroyed the internal communication, it waTs held, that the company were bound to take the whole estate (A). Three houses were built upon a plot of ground, a portion of which was laid out in gardens for each house ; a summer-house and other detached out-houses were also built. The company required a portion, but re- fused to purchase the whole. It was decided, that the gardens were part of the houses to which they were attached, and that the company were bound to purchase the two houses and premises from which parts of the gardens were taken, and to make compensation for any injury sustained in respect of the third house (i). (/) The Governors of St. Tliomas's Hospital v. Charing Cross Rail. Co., 30 L. J., Ch. 395. See the older authorities collected in the notes to Smith v. Martin, 2 Wms. Saund. 400. (ost, Chapter XII., " Costs." (y) Hatton v. London and South Western Rail. Co., 7 Hare, 259. 66 COMPENSATION. the purchase-money and compensation assessed (z). In this class of cases the claimant is the actor and com- mences the proceedings (a). If the company have entered by consent of the owner, he cannot afterwards treat them as mere tenants at will, and liable to be turned out on demand of possession ; nor does demand of possession by the owner make the company trespassers ; ejectment or trespass cannot be maintained against them [b). We now come to the consideration of the second class of cases of damage, viz., where lands or houses have been actually taken for, or injuriously affected by, the execution of the works of the undertaking, and no satis- faction therefor has been made by the company to the owners or occupiers. Before a loss or damage caused by a railway or other public company, in the execution of their works, can be considered the subject of compensation, two conditions must be satisfied. The act of the company causing the damage must be one which the company are authorized by their bill to do, and further, it must be such an act, as if done by a private person or company, would render them liable to an action at law (c). Both these characteristics must be found and occur in the act complained of before it can be made the subject of com- pensation. If the damage be caused by an act, which the company are not authorized by their bill to do, redress must be sought by an action at law. If, on the (z) Adams v. London and Blackball Bail. Co., 2 M. & G. 118. (a) Lush, Q. C, argvendo, Heyivood v. Metrop. Ball. Co., 3 N. R. 417. (b) Doe d. Hudson v. Leeds, $c. Bail. Co., 16 Q.B. 790; Knapp v. London, Chatham and Dover Bail. Co., 32 L. J., Exch. 236. (c) Caledonian Bail. Co. v. Colt, 3 Macq. 833. See infra, pp. 116, 117. INJURY MUST BE ACTIONABLE AT LAW. 67 other hand, the damage result from an act, which, if done by a private person or company, would not render them liable to an action at law, there is no remedy, either by action or compensation. " It is well settled," says Lord Campbell (d), " that the statutory tribunal, which the legislature has provided where losses are sus- tained in the formation of railways, is only established to give compensation for losses sustained in con- sequence of what the railway company may do lawfully under the powers which the legislature has conferred upon them ; and that for any thing done in excess of those powers, or contrary to what the legislature in conferring those powers has commanded, the proper remedy is a Common Law action in a Common Law Court." And unless something is done which would be ac- tionable if it were not for the powers given by the act of Parliament, there is no remedy either by compensa- tion or by action at law. Thus where a waterworks company, in the execution of works authorized by their special act, intercepted water which would otherwise have percolated through the earth into a well, and drained off water which had accumulated in the well, it was held, that inasmuch as no action would have lain against the company, sup- posing no act authorizing the execution of the works had passed, the owner of the well was not entitled to compensation (e). (d) In Caledonian Bail. Co. v. Colt, 3 Macq. 838. See next page for one exception to this rule. (e) New River Company v. Johnson, 29 L. J., M. C. 93; Reg. v. Metropolitan Board of Works, 1 N. R. 473; Galgayx. Great Southern and Western Rail. Co., 4 Ir. C. L. R. 456. See Acton v. Blundell, 12 M. & W. 324; Chasemore t. Richards. 29 L. J., Exch. 81. 68 COMPENSATION. " The recent decisions have flilly established, what is also the common sense of the matter, that these acts of Parliament, while they give to parties a means of obtaining compensation, must at the same time be taken to mean that, while they give compulsory powers autho- rizing interference with the rights of property, and while they take away the right to bring actions, the parties should not be damnified by the right of main- taining actions being taken away. But unless some- thing is done which would be actionable if it were not for the compulsory powers given in the act, there is no right to claim compensation" (f). The converse of this proposition cannot, however, be taken as true, for there may, it would seem, be cases in which the right of action is taken away, and yet no right to claim compensation is given in its stead (g). This doctrine has been recently denied by Lord Westbury in a case in the House of Lords, in which, however, the noble and learned Lord differed from the majority of the lords who gave judgment. " In the beginning of railway legislation," the learned Lord observes, " Parliament whilst conferring on railway companies extraordinary powers over private property, felt the justice of imposing on the companies the obliga- tion of making the fullest compensation for all property taken, and for all damage sustained by individuals through the exercise of such powers. Care was used to provide that, whenever damage was done to the property of an individual in the exercise of statutory poAvers, (/) Per Cockbnrn, C. J., New River Co. v. Johnson, 29 L. J., M. C. 93. {ff) Caledonian Mail. Co. v. Ogilvy, 2 Macq. Sc. App. 23o {per Lord Cranworth); Picket v. Metropolitan Rail. Co., ubi infra. NO ACTION WHERE THERE IS COMPENSATION. 69 compensation should be given, although the powers might have been most properly and carefully exer- cised. " It is material to observe that compensation under these statutes is given for damage resulting from lawful acts done by the companies in the exercise of their powers. Such acts are not injuries or grounds of action at law, although they may cause damage and conse- quently give a right to compensation imder the statute. When, therefore, the General Railway Acts use the term t injuriously affected,' the word 'injuriously' does not mean ' wrongfully ' or ' unlawfully,' nor does it imply that compensation is limited to cases where the act done is such as but for the powers given would be a tort at common law. The words mean ' damnously affected ' only ; and the consequential right to compen- sation is the creature of the statutes, to be ascertained and measured by the positive language of the enact- ments, and not by analogy to actions of tort or tres- pass" (h). Weighty, however, as the opinion of so high an authority as the learned Lord is, the amount of authority on the other side is so great that it must be considered firmly established, that no injuries to land, but such as apart from the powers given by acts of Parliament would be tortious, give a right to compensation (i). If the act complained of be one for which compen- sation may be required, the right of action is taken away, and the injury can only be remedied by claiming compensation. (/*) Bicket v. Metropolitan Bail. Co., L. R., 2 H. L. 201, 202. (£) See per Willes, J., in Beckett v. Midland Bail. Co., L. R., 3 C. P. 94. 70 COMPENSATION. " It is the object of these acts to give compensation in certain cases for certain injuries, and they prescribe the mode in which compensation shall be recovered for these injuries ; and while the statutes give a form in which compensation is to be sought, they also in effect deprive the party of all other legal remedy ; for I think I may venture to assert that in no case in which a man would be entitled to Avork out his compensation under an act, can he maintain an action" (k). To this rule, viz. that no compensation can be claimed from a railway or other public company unless the damage complained of result from an act done under the company's parliamentary powers, and also unless an action at law woidd have lain but for the authority of their special act, one exception has been established by a recent case (Z), in which it was laid down that this ride does not extend to the case of a party seeking compensation for injury resulting to a portion of his lands by reason of acts done on another portion of them ivhich has been taken by the company : and that, therefore, where a cotton mill of the claimant, situate near certain land which had been taken from him by the company for the purposes of the railway, became exposed to risk of fire from the passage of engines along the portion of land so taken, and by reason thereof the mill could not be insured except at an increased (&) Per Lord Truro, in London and North Western Rail. Co. v. Bradley, 6 Eail. Ca. 551 ; R. v. Pease, 4 B. & Ad. 30 ; Vaughan v.Taff Yale Rail. Co., 5 H. & N. 679; Brand v. Hammersmirh, $c, Rail. Co., L. R, 2 Q. B. 223. See also Nero River Co. v. Johnson, 29 L. J., M. C. 93. (I) Reg. v. Clerk of the Peace of Cheshire, 4 N. R. 167. S. C, by the name of In re the Stockport, Tempcrleg and Altrincham Rail. Co., 33 L. J., Q. B. 251. DISTINCTION WHERE SOME LAND IS TAKEN. 71 premium, it was held that the claimant was entitled to compensation in respect of the mill being thus in- juriously affected. The Court took time to consider their judgment : the following occurs in the judgment delivered by Crompton, J. : — " On the part of the company, it was not denied that the premises were rendered less convenient and fit for the purposes of a cotton mill, and that the saleable value of the mill was diminished by reason of what was done by virtue of the powers of the act, but it was argued that no action would have lain against any pro- prietor for damage from fire arising from the proximity of works or engines carried on and managed without negligence, and, therefore, that the case fell within the well-established rule, that compensation is only given by such acts of Parliament where what would have been unlawful or actionable but for the act of Parliament is permitted by the act of Parliament. I adhere entirely to this ride as laid down by my brother TTilles in Broad- bent v. The Imperial Gas Company {m), and in many other cases ; but the question here is, whether such rule is at all applicable to cases where part of the land is taken and compensation is given, not only for the value of the part taken, but for the rest of the land being in- juriously affected, either by severance or otherwise. And I am of opinion that the distinction pointed out by Mr. Manisty is correct, and that the ride in question does not apply to such cases. Where the damage is occasioned by what is done upon other land which the company have purchased, and such damage woidd not have been actionable as against the original proprietor, (»*) 26 L. J., Ch. 276; on appeal, 29 L. J., Ch. 377. 72 COMPENSATION. as in the case of sinking of a well, and causing the abstraction of water by percolation ; the company have a right to say we have done what we had a right to do as proprietors, and do not require the protection of any act of Parliament, and we, therefore, have not injured you by virtue of the powers of the act, and no cause of action has been taken away from you by this act. Where, however, the mischief is done on the land taken the party seeking compensation has a right to say, it is by the act of Parliament, and by the act of Parliament only, that you have done the acts which have caused the damage. Without the act of Parliament, every- thing you have done and are about to do in the making and using the railway would have been illegal and actionable, and is therefore matter for compensation, according to the rule in question. I think, therefore, that the distinction between cases where the land is taken and the cases of abstraction of light, rights of way, &c, by acts done on other land, is well founded. This distinction is referred to by my brother Blackburn in the recent case of Chamberlain v. The Crystal Palace Co mpany ( n ) as having been taken in former cases {o ). I am of opinion that the premises in question were inju- riously affected "within the section of the Lands Clauses Act as to compensation Avhere land is taken, and that the jury have rightly included the damages for such in- jury in their verdict, and consequently that this rule for a certiorari should be discharged with costs." After the erection of the permanent works of a railway or other company, any act, if properly done by the O) 2 N. R. 182 ; S. C, 32 L. J., Q. B. 173. (o) This distinction is adopted in Illcket v. TJie Metropolitan Rail. Co. See judgment of Erie, C. J., 34 L. J., Q. B. 2G1, infra, pp. 105, et seq. DAMAGE FROM THE WORKING OF THE RAILWAY. /3 company in pursuance of their act, whatever damage it may cause, is considered to be sufficiently compen- sated for by the public benefit and convenience which are expected to follow from the working of the rail- way, &c, and is neither a subject of action nor of com- pensation (p). This doctrine has been denied by the majority of the Court of Exchequer Chamber in the recent case of Brand v. Hammersmith and City Rail. Co., in which it was held, reversing the judgment of the Court of Queen's Bench, by Bramwell, B., Keating and Mon- tague Smith, JJ., Channell, B., dissentiente, that the owner of a house, none of whose lands had been taken for the purposes of the railway, can recover against the company compensation under sects. 6 and 16 of the Railways Clauses Consolidation Act, 1845, in respect of injury to the house, which, though not structural, depreciates its value, caused by vibration, smoke and noise, from the running of trains in the ordinary manner after the construction of the railway. As, however, the opinions of many learned judges are opposed to that of the Court of Exchequer Chamber on this point, and the matter is now pending in error in the House of Lords, the question can by no means be considered to have been set at rest. As to the argument derived from the consideration of public benefit and convenience, the following weighty remarks occur in the judgment of Bramwell, B. (q) : " It seems impossible that it can have been enacted that this damage can be done with- out any compensation. But one reason for such a state of O) Broadhent v. The Imperial Gas Co., 7 D. M. & G. iod ; af- firmed 7 H. L. C. 600 ; R. v. Pease, 4 B. & Ad. 30. (q) L. R., 2 Q. B. 223. This case is stated more fully, infra, p. 92. I. E 74 COMPENSATION. things is given, and that is one I can treat with respect only on account of the respect clue to those who have used it. It is said that the railway and the working of it are for the public benefit, and therefore the damage must be done and be uncompensated. Admitting the damage must be done for the public benefit, that is no reason why no compensation should be given. It is to be remembered that the compensation comes from the public, which gets the benefit. It comes from those who do the damage, but ultimately from the public in the fares they pay. If the fares avlH not pay for this damage, and a fair profit on the company's capital, the speculation is a losing one, as all the gain does not pay all the loss and leave a fair profit. Either, there- fore, the railway ought not to be made, or the damage may well be paid for. But further, though, if it were the law and practice to do individuals a damage for the benefit of the public without compensation, no one in particular could complain when it happened to him, as every one would know he held his property subject to being deprived of it, or having it injured when it suited the public ; still such a law and practice would be highly inconvenient and mischievous." The views of many earlier judges are also in accordance with those of the learned Baron, as to this consideration of public policy. " The powers of railway companies," says Lord Cottenham, in Webb v. The Manchester and Leeds Rail. Co. (r), " are so large — it may be neces- (r) 4 Myl. & Cr. 116; S. C, 1 Rail. Ca. 576. See also Taylor v. Clemson, 2 Q. B. 978 ; Scales v. Pickering, 1 Moo. & P. 195 ; Kemp v. London and Brighton Rail. Co., 1 Rail. Ca. 495 ; Bell v. Hull and Selby Rail. Co., 1 Rail. Ca. 616 ; Blackemore v. Glamorganshire Canal Navigation, 1 Myl. & K. 154 ; Stourbridge Canal Co. v. NO COMPENSATION FOR PERSONAL INCONVENIENCES. i O sary for the benefit of the public — but they are so large and so injurious to the interests of individuals, that I think it is the duty of every court to keep them most strictly within those powers ; and if there be any reason- able doubt as to the extent of their powers they must go elsewhere and get enlarged powers, but they will get none from me by way of construction of their act of Parliament." It has also been alleged, as a reason against admitting claims for compensation similar to that in Brand v. The Hammersmith and City Rail. Co., that it would give rise to a multiplicity of claims against every rail- Avay company. As to this consideration it is remarked by Montague Smith, J., " That claim can only be made in respect of injurious affection of land, and then only where the injury is of such a nature as would have supported an action for damages, if there had been no parliamentary powers. If. however, claims thus limited shoidd happen to be numerous, it would not be a sound reason for refusing just compensation to a man who has sustained injury and been deprived of his common law right of redress, or for presuming that the Legislature so intended that others may be subject to the like injustice" (s). The damage or injury must be done to lands, houses or premises ; no personal injury or inconvenience, not connected with lands, &c, can be the subject of com- pensation (t). Wheeley, 2B. & Ad. 792 ; Priestley v. Fonlds, 2 Rail. Ca. 422; Par- ker v. Great Western Rail Co., 3 Rail. Ca. 563. («) L. R,, 2 Q. B. 245. See this case fully stated and considered, infra, p. 92. (t) See Bird v. Great Eastern Pail. Co., 34 L. J., C. P. 3C6 ; Ricket v. Metropolitan Rail. Co., 34 L. J., Q. B. 257. e2 76 COMPENSATION. Where the damage is occasioned by the negligent construction of the authorized works, or by the con- struction of works not authorized, or, generally, by any exceeding of their parliamentary powers by the company, the injured party retains his common law right, and should seek redress by action, if the injury is of an actionable nature (u). A Court of Equity will interfere by injunction to stay such exceeding of the powers given by Parliament (x). It is highly important to observe that the remedy given by the 68th section of the Lands Clauses Act to the land or house owner whose property has been taken for, or injuriously affected by, the construction or exe- cution of the works of the undertaking, and for which the company has made no satisfaction, is extremely summary. When an owner's land or premises has been taken for, or injuriously affected by, the execution of the works, and no satisfaction has been made by the com- pany : as, for example, where the company has taken possession of them without first negotiating the pur- chase-money or compensation — the owner has only to give a notice of claim, stating his interest in the land and his desire to have the amount of compensation O) Clothier v. Webster, 31 L. J., C. P. 316 ; Caledonian Mail. Co. v. Colt, 3 Macq. 833 ; Turner v. Sheffield and Botherham Rail. Co., 3 Rail. Ca. 222 ; Lawrence v. Great Northern Bail. Co., 6 Rail. Ca. 656 ; Brine v. Great Western Rail. Co., 31 L. J., Q. B. 101. Where the company has exceeded its legal powers, damage resulting from such excess will be actionable though no negligence appears. Jones v. Festiniog Bail. Co. L. R., 3 Q. B. 733. As to the jurisdiction within which companies carry on their business, and consequently ought to be sued under the County Court Act (9 & 10 Vict. c. 95), see Brown v. London and North Western Bail. Co., 4 B. & S. 326. (x) Manser v. The Northern and Eastern Counties Rail. Co., 2 Rail. Ca. 380. SUMMAEY REMEDY. 77 settled by a jury. If the company do not enter into an agreement in writing to pay the claim, within twenty- one days, or within the same period issue their warrant to the sheriff to summon a jury, the claim of the owner becomes a debt due from the company, and may be re- covered with costs in an action (y). " This provision," said Lord Cottenham (z), " was intended to cover every case in which the company, whether by right or wrong, or by any other means, had got into possession of property for which they had not paid, or had injuriously affected the property of others, for which injury they were bound to make compensa- tion. In all cases falling within this provision the company, being in possession, and not having paid the compensation, were not left to their own discretion or to the pressure of their own wants to induce them to summon a jury ; but a remedy, prompt and effectual, was given to the owners to compel them to do so. This remedy was to make a claim, stating the amount of compensation required, and if the company did not enter into an agreement to pay the same, or proceed to arbitration, or within twenty-one days issue their war- rant for a jury, as the case may be, they were liable to pay the sum claimed, to be recovered with costs." But the lands must have been actually taken, or ac- tually injuriously affected. The mere service of notice to treat by the company, and a claim by the owner, are not sufficient to entitle the latter to recover the com- pensation claimed in this summary manner (a). (y) Eaton v. Midland Great Western Rail. Co., 10 Ir. L. R. 310. (z) Adams v. London and Blackwall Bail. Co., 2 M. & G. 118. (a) Burkinsham v. Birmingham, Sfc. Rail. Co., 6 Rail. Ca. GOO. See also Barker v. Metropolitan, Rail. Co., 13 W. R. 82. 78 COMPENSATION. The previous issue of a notice to treat by the com- pany does not deprive an owner of this summary and effectual remedy (b). The following sub-divisions include almost all the cases in which an owner may consider his land entered upon, taken, or injuriously affected, so as to entitle him to claim compensation therefor in the summary manner provided in the 68th section : — (1.) Where a railway or other public company exer- cise their summary power of entry after making the deposit and giving the bond required to the owner (c). (2.) Where a railway, &c. company have been per- mitted by the owner to take possession of land or pre- mises without any distinct agreement as to the amount of compensation. (3.) Cases in which the lands or premises of a claim- ant have been injuriously affected by the works of the undertaking, but no part of them has been actually taken by the company, and no satisfaction has been made for the damage or injury. In any case coming under these three sub-divisions an owner or claimant, to whom the company have not made satisfaction for the damage or injury caused by the execution of the works of the undertaking, may have recourse to the summary remedy given to him by the 68th section, and explained above (d). Lastly. There have been cases where, in the execu- tion of the company's works, injury not originally in the contemplation of either the company or the owner has been done, and in which the owner has been held entitled (A) Eaton v. Midland Great Western Rail. Co., 10 Ir. L. R. 310. (c) See ante, Chapter IV., pp. 32, 36, et sea. (d) See ante, Chapter VI., pp. 76, 77. LANDS INJURIOUSLY AFFECTED, ETC. 79 to recover compensation under this section. Tims, in 1845, a landowner received, under an arbitration, com- pensation for land taken, and " in respect of the damage which might be sustained by reason of the making of the railway." Sir J. Romilly, M. E., held that he was not precluded from insisting on a further compen- sation for future unforeseen damage subsequently sus- tained, and was of opinion " the contract means nothing- more than this : we can now ascertain what damage has already been done, and what, in the ordinary work- ing of the line, will be the sort of damage which will probably be produced. That damage is meant to be compensated by this contract ; but any future extraor- dinary damage is not intended to be included in it "(e). And we have seen that where a landowner is entitled to purchase-money for land taken, or to compensation for injury done to land, by a company within the three years limited by the 123rd section of the Lands Clauses Act for the compulsory purchase or taking of lands, he may, after the expiration of the three years, have such purchase-money or compensation assessed (f). (e) Lancashire, $c. Rail. Co. v. Evans, 15 Beav. 322. And the same rule was laid down by the Court of Queen's Bench in Lawrence v. G-reat Northern Rail. Co., 16 Q. B. 643. But see the remarks of Cockburn, C. J., in Croft v. London and North Western Rail. Co., 32 L. J., Q. B. 113, where he thinks that provision is made for only one estimation and assessment. (/) Doe d. Armitstead v. North Staffordshire Rail. Co., 16 Q. B. 526. 80 COMPENSATION. CHAPTER VII. First principal Class of Cases : Lands taken or pur- chased, but not entered upon till Purchase-money and Compensation ascertained and paid — Enumera- tion of Cases — Conversion, when it takes place — Right of Support — Mines, §c. excepted — Brewer's Lease — Expenses of Removal — Easements over Lands taken by Railway, SfC Companies — Consecrated Ground. Lands (a), taken and purchased by railway and other public companies, but not entered upon, taken posses- sion of, or injured, until the purchase-money and com- pensation have been ascertained and paid, form the first of the two principal classes of cases in which compensa- tion may be successfully required. It is proposed now to consider this class more in detail, and to state the most important, and the most recent cases. Where lands or houses are actually taken or entered upon by a public company, compensation must be made, or tendered, to the owner before the company can safely take possession of the lands or premises. If this be not done, the company may be treated as trespassers, and restrained by the Court of Chancery (b). (a) The word " lands " extends to messuages, lands, tenements and hereditaments of any tenure. See interpretation clause, 8 Vict. c. 18, s. 3 ; App. (b) See ante, Chapter VI., p. 65. SPECIFIC PERFORMANCE WHEN PRICE FIXED. 81 We have seen that a part only of a house, workshop or manufactory cannot be taken without taking the whole of the premises (c). And that where a company propose to take a manu- factory, they may be compelled to take the trade fix- tures, as steam engines, turning lathes, &c. (c). And we have also seen, that when lands, &c. are taken under their compulsory poAvers by a public com- pany, that all damage likely to accrue, and capable of being calculated and appreciated, ought to be estimated once for all; and that, if this be not done, compensation for such damage cannot be afterwards recovered by claim, action or any other way. The rule as to this appears to be, that where the character and extent of a future injury is capable of being ascertained, the party affected ought to bring forward his entire claim at once, and not to lie by and make a fresh claim for compensation with every fresh recurrence of the mischief. But for a new description of injury it would seem to be competent for a party to have a new remedy (d). When a public company serves a notice to treat upon a house or landowner, and the price payable therefor has been fixed, the contract is complete, and the Court of Chancery will decree specific performance at the suit of the landowner (e). So, where a vendor of lands to a public company (e) See ante, Chapter V. (d) Rex v. Leeds and Selby Rail. Co., 3 A. & E. 683. See also supra, p. 78. (e) Mason v. Stokes Ray Rail, and Pier Co., 1 N. R. 84; Regent's Canal Co. v. Ware, 26 L. J., Ch. 566 ; In re Wootton's Trusts, 1 N. R. 193. E 5 82 COMPENSATION. dies after the date of an award, fixing the value of lands taken from him by the company, the purchase- money belongs to the vendor's executors as person- alty (y). Attention should be given to this, as the act of a public company may thus revoke the will of a land- owner, and interfere materially with the arrangement and devolution of his property. A railway company, already in existence, may exer- cise its compulsory powers of purchasing lands without first showing that the capital authorized by their act to be raised has been subscribed for (A). A vendor selling lands or rights of easement to a railway company for the purposes of their railway is bound to leave sufficient support for the railway and works both vertical and lateral, under and adjoining the land sold or charged with the easement, even without express stipulations for that purpose, and though the purchase was compulsory (/). When a railway company purchase lands, &c. for the purposes of the railway, the mines and minerals (j ) are ((/) In re WooUon's Twists, 1 N. R. 193. (7i) Weld v. London and South Western Rail. Co., 1 N. R. 415. 0') North Eastern Rail. Co. v. Crosland, 1 N. R. 72 ; Elliot v. North Eastern Rail. Co., 32 L. J., Ch. 402 (in dom. proc.) ; Midland Rail. Co. v. Chechley, 36 L. J., Ch. 380. But where the question arises under sects. 77 and 79 of the Railways Clauses Act, the company refusing to make compensation for the minerals are not entitled to such support as an ordinary purchaser of the surface would be, provided no statutory enactment interfered. In such cases the only restriction on the owner's right to win minerals is, that the mines should be worked according to the custom of the district. Great Western Rail. Co. v. Bennett, 36 L. J., Q. B. 133. (j) These words include stone dug out of a quaiTy ; and mines are quarries, or places where anything is dug. Mickletlmait v. Winter, 20 L. J., Exch. 313, supra, p. 17. COMPENSATION FOR VALUE OF COVENANT IN LEASE. 83 considered to be excepted, unless expressly mentioned ; in such cases the company are not entitled to exclude the owner from working them without paying him com- pensation (k). But such compensation, if capable of being estimated, must be valued and assessed at the time of the sale of the surface to the company ; if this is not done, com- pensation cannot be recovered afterwards. A railway company purchased land for the railway, all minerals being reserved to the vendor, and no claim was then made by him for compensation : it was held, that when the works of an adjoining colliery, belonging to the vendor, approached the railway, the lessee of the colliery could not claim compensation, as the extent of the colliery was capable of being known at the time of the purchase of the land, and ought to have been brought forward then (Z). Where a railway company take a public house, which is let subject to a covenant that the tenant will not buy beer from any other than the lessor ; they must make compensation for the additional value to the lessor of the premises, arising from the covenant. Claimants were brewers and owners in fee of a public house, which was let subject to a covenant on the part of the tenant not to sell on the premises any other beer than that bought from the claimants. It was held that, in ascertaining the amount of purchase-money and COm- CA) Fletcher v. Great Western Rail. Co., 29 L. J., Exch. 253. See further as to mines and minerals, Chapter XIII., post, " Certain Cases of Compensation peculiar to Railway Companies." See also supra, p. 17. (I) R. v. Leeds and Sclby Rail. Co., 3 A. & E. 683. See also re- marks of Cockburn, C. J., in Croft v. London and North Western Rail. Co., 32 L. J., Q. B. 113. 84 COMPENSATION. pensation, the additional value of the premises by reason of the covenant was to be taken into consideration (m). When an owner of premises taken by a railway com- pany is, in consequence of their being so taken, obliged to give them up, he may require compensation for the damage he sustains until he can obtain new and suitable premises in which to carry on his business. Under a special act containing words very similar, if not identical, with those in the principal act, it was held that a brewer was entitled to compensation for the loss which he would sustain by removing from his brewing premises and before he could obtain other premises for carrying on his business (?i). It should be observed, however, that in this case the plaintiff's right to compensation for loss of custom was main- tained expressly on the ground that his premises had been taken by the company, and it is expressly dis- tinguished on that ground from R. v. The London Dock Co. (o), where compensation for loss of custom to a public house was held to have been properly re- fused, on the ground that no part of the premises of the claimant had been taken or touched by the com- pany O). In these cases of forced removals, the occupiers of houses and premises, whether owners, lessees or yearly tenants, may claim compensation for loss of profits during removal, and for damage done to furniture and stock in trade, and also for expenses of removing. When lands or premises are taken or purchased by a (m) Bourne v. Mayor, §c. of Liverpool, 33 L. J., Q. B. 15. (w) Jubb v. Hull Dock Co., 9 Q. B. 443. See also p. 118. {o) 5 A. &E. 163. (/>) See per Erie, C. J., 34 L. J., Q. B. 261. CONSECRATED LAND. 85 railway, or other public company, a party, entitled to an easement over the lands taken by the company cannot maintain an action for acts done to the prejudice of his easement (so far as such acts are done in the execution of the purposes of the undertaking), but ought, as soon as any damage is actually sustained, to claim compen- sation (q). The owner of land, which has been consecrated and annexed to a church, is, if a railway or other public company take the land under their powers, entitled to its value, as applicable to secular purposes, the land having been withdrawn from spiritual purposes (;■). (q) Tliichness v. Lancaster Canal Co., 4 M. & W. 472. (r) Hllcoat v. Archbishops of Canterbury and York, 10 C. B. 827. As to the rights of the church trustees where burial ground has been taken by a railway company, see In re Burial Ground of St. Pancras, 36 L. J., Ch. 53. 86 COMPENSATION. CHAPTER VIII. Second 'principal Class of Cases : Lands or Houses taken for, or injuriously affected, before Satisfaction made to the Owners — Meaning of "injuriously affected" — Distinction between taking Lands and where Lands are only injuriously affected — Enumeration of Cases where Lands have been held to be injuriously affected — Vibration— No Set-off— Injuries to Business by Obstructions of Highways — Result of Cases — In- stirance Premium. The second principal class includes those cases where lands or houses have been taken for, or injuriously affected by, the works of the undertaking, and no satis- faction has been made to the owners thereof. Under this head may be ranged every case in which the com- pany, whether by right or wrong, or by any other means, has got into possession of property for which they have not paid, or, in the exercise of the powers of their statute, have injuriously affected the property of others, for injury to which they are bound to make compensation (a). Thus, cases in which a company, being desirous of entering immediately upon and using lands, take pos- session of them on making a deposit and giving a bond (4), — or where a railway or other public company (a) Per Lord Cottenham, Adams v. London and Blackwall Rail. Co., 6 Rail. Co. 271. (b) Under the 85th section. See ante, Chapter IV., pp. 32, 36, et seq. REMOTE IX JURIES. 87 have been permitted by the owner to take possession of land or premises without any distinct agreement as to the amount of compensation — or where the lands or premises of a claimant have been injuriously affected by the works of the undertaking, though no part of them has been actually taken by the company (c), may be included under this class. "Where a company have actually taken or entered upon lands or premises under their summary powers of entry (d), or where they have been permitted by the owner to take possession without any distinct agreement, there can be little doubt or difficulty except as to the amount to be paid as compensation, but it is not at all easy to say, what is exactly meant by, and how much is included in, the words "injuriously affected." The depreciation in value caused by a railway, or other public undertaking, may be so gradual and so remote that it cannot be sufficiently connected with the under- taking to entitle those who suffer by it to compensation. The construction of a railway, for instance, touching one corner of a country town, perhaps diminishes the value of building land in the more distant part of the town, and still more the value of the land on which an inn or public-house stands on what was the high road from and to the town. So, too, the construction of a new market in one part of a town may be the cause of a considerable decrease in the value of land near where the old market was held ; and again, the making of a railroad will greatly decrease the value of a canal pursuing the same route. In these cases there may be, and generally there is, a positive depreciation in the value of land. But such damage is too remote from, (c) See ante, Chapter VI., p. 78. (d) See ante, Chapter IV., pp. 32, 36, et seq. 08 COMPENSATION. and unconnected with, the construction of the new undertaking, to come within the provisions for compen- sation () 2 Rail. Ca. 279. But see R. v. Rynd, 16 Ir. C. L. R, 29, in which the opinion of the Irish Court of Queen's Bench seems to be that such loss of access to the sea is matter for compensation. It was not, however, necessary to decide the point authoritatively. 126 COMPENSATION. held that, where the communication between a wharf and a river was rendered inconvenient by railway works the owner of the wharf was entitled to compensation, since in this latter case the jirofitable use of the wharf was interfered with, not as in the other a mere user of pleasure or enjoyment. Compensation cannot be obtained where the com- pany have merely exercised an ordinary right, as where, having purchased premises adjoining to the claimant's, they pull down, under the provisions of the Building Act, a party-wall which any purchaser might, under the same circumstances, have pulled down (q). Of course compensation cannot be obtained in respect of matters which are otherwise expressly provided for. Thus, where a jury awarded not only the purchase- money to be paid for land required by a railway com- pany, and compensation for severance, but also an additional sum, which appeared to be given in respect of expense to be incurred by the landowner in building a bridge between the several portions, the Court of Queen's Bench held that, as to the last-mentioned item, there was excess of jurisdiction, because it was for the justices, under sections 68 and 69 of the Railway Clauses Act, to enforce the making of a proper communication between the several parts at the expense of the com- pany, and that in consequence of such partial excess a certiorari might issue to remove the whole proceed- ings (r). In cases of excess of their powers, misfeasance or (q) R. v. Hungerford Market Co., 5 A. & E. 668. (r) Re South Wales Bail. Co. v. Richards, 6 Rail. Ca. 197. See post, Chapter XIII., " Certain Cases of Compensation peculiar to Rail- way Companies." NO COMPENSATION WHEKE AN ACTION LIES. 127 negligence on the part of a company, compensation cannot be obtained. The proper remedy in such cases is by action ; and where an action lies there is no right to compensation (s). 0) R. v. Bristol $ Exeter Rail. Co., 2 Rail. Ca. 99; Turnery. Sheffield and Rotherham Rail. Co., 10 M. & W. 425; Brine v. Great Western Rail. Co., 31 L. J., Q. B. 101. 128 COMPENSATION. CHAPTER X. MODES OF ASSESSING COMPENSATION. 1. By Justices of the Peace. 2. By Arbitrators. 3. As an Issue in an ordinary Action. 4. By a Jury. 5. By Stirveyors. If the owner, whose lands or premises have been taken by a railway, or other public company, or whose pro- perty has been injuriously affected by the works of the company, agree with them as to the amount of com- pensation to be paid by the company, no question can arise ; but if the amount be disputed, the question must be referred to the statutory tribunals. These tribunals are — 1. Two justices. 2. Arbitrators. 3. A judge of one of the superior courts af common law. 4. A jury. 5. Surveyors. 1. Two Justices (a). If the amount of compensation claimed do rot exceed 50/., the question must, in all cases, be settlel by two justices. (a) In the metropolis, a single police magistrate has the same powers as two justices; 2 & 3 Vict. c. 71, s. 14. See 39 L. T. Jounal, April 2nd, 1864, where the question of the jurisdiction of a single xistice for the city is fully discussed. WHEN ASSESSED BY TWO JUSTICES. 129 If the whole, or any part of the lands or premises of a tenant for a year, or from year to year, be taken, the question, of the amount of compensation to be paid to him, must be settled by two justices, whatever the amount of the claim may be{b). It is important to observe that in these cases the justices have jurisdiction, although the amount claimed exceeds 50/. But where no part of the land, or premises, of such a tenant is taken, but his interest therein is injuriously affected only, by the works of the company, he is en- titled to have his claim, if it exceed 50/., determined by a jury or by arbitration (c). So also a tenant of pre- mises, under an agreement for a lease for a term of years, though at law a mere tenant from year to year, is not " a person having no greater interest therein than as tenant for a year, or from year to year," upon the true construction of the 121st section, and is conse- quently entitled to have his claim, if it exceed 50/., submitted either to a jury or to arbitration at his op- tion (d). If any party, having a greater interest than as tenant at will, claim compensation in respect of any unexpired term or interest under any lease or grant, such party may be required by the company to produce his lease or grant; if, after demand in writing, such lease or (&) 8 Vict. c. 18, s. 121; App. (c) In re Somcrs v. Metropolitan Rail. Co., 31 L. J., Q. B. 261. (d) Sneetman v. The Metropolitan Rail. Co., 10 L. T. Rep., N. S. 15G. As to the interest in a school house and premises of a school- master appointed by certain persons incorporated by royal charter as governors, and removable at three months' notice from them, see R. v. Manchester, Sheffield, §c. Rail. Co. (on the prosecution of Willan), 4 E. & B. 88. G5 130 COMPENSATION. grant be not produced within twenty-one days, the party claiming compensation is to be considered as a tenant from year to year and entitled to compensation accordingly (e). Any justice for the county or city, in which the lands and premises or part thereof is situate, may, upon the application of either party with respect to any question of disputed compensation, summon the other to appear before two justices, of the same county or city, at a time and place named in the summons ; and upon the appearance of both parties, or in the ab- sence of either, upon proof of due service of the sum- mons, the justices may hear and determine the question, and may examine the parties and their witnesses on oath. The costs of the inquiry are in the discretion of the justices, who are to settle their amount (f). The justices, in estimating the purchase-money or compen- sation, are required to regard not only the value of the land purchased, but also the damage, if any, which may be sustained by reason of the severing of the lands taken from other lands of the owner (y). But it appears to be sufficient, if the justices assess one gross or entire sum. Therefore it is no objection to an order, that the price of the land, and the com- pensation for damage by severance, are assessed in a gross sum (h). This application to a justice, to summon the other party to adjust the amount of compensation, must be made within six calendar months from the time when the subject-matter of the application arose. (e) 8 Vict, c. 18, s. 122; App. (/) 8 Vict. c. 18, s. 24; App. It will be observed that this section applies only to questions of disputed compensation. (g) 8 Vict. c. 18, s. 63; App. (A) Re Bradsham, 5 Rail. Ca. 527. WHEN ONE OF THE JUSTICES IS INTERESTED. 131 In 1850, a complaint was made to two justices, upon which they made an order, that a sum of money should be paid as compensation for damage done in 1847. The Court of Queen's Bench held, that the 1 1th section of 11 & 12 Vict. c. 43, (which passed on the 14th of August and came into operation on the 2nd of October following,) had a retrospective operation and barred the complaint (z). Perhaps, notwithstanding this case, a question may be raised, whether the period of six months is to be calculated from the damage being done, or from the dispute, or question, of disputed compensation, arising. The decision of the justices is final, if the matter lay within their jurisdiction ; but if it did not, their order may be brought up by certiorari, and quashed, though the certiorari is taken away (k). To give the justices jurisdiction, they must be acting justices for the county, or city, where the matter arises, and they must not be interested therein : if the question arises in respect of lands or premises not wholly situate in one coimty or city, justices for the county or city where any part of the land is situate may act : and in all cases, the two justices must be assembled and acting- together (/). If one of the justices, before whom the question is heard, be interested in the matter, their decision may be quashed on certiorari (m). The mere possibility of a bias, however, as where one of the justices is interested merely as a trustee for others, (?) lie Edmundson, 17 Q. B. G7. (k) 8 Vict. c. 18, s. 145; App. (1) 8 Vict. c. 18, s. 3; App. (?«) li. v. Justices of Hertfordshire, G Q. B. 753. 132 COMPENSATION. does not necessarily disqualify him from acting. If there was a real likelihood in such a case of the magistrates being unduly biassed in favour of one of the parties it would be improper in him to act, and it is not to be understood that, in such a case, the superior Court would not interfere ; but The Queen v. The Dean of Rochester (n) is an authority that circumstances from which a suspicion of favour may arise do not produce the same effect as a pecuniary interest (o). The clause requiring a justice to be a disinterested person is merely a repetition of a known principle of law inserted ex abundant! cauteld, and is not intended to disqualify such a person where the parties expressly waive the objection to him (p). If justices are called upon to determine the amount of compensation to be paid to a yearly tenant, their de- cision may be given verbally, and need not be put into writing (q). The proper mode of enforcing payment of money, awarded by justices for compensation, is, by obtaining an order from them for the payment of it, which order, if the money be not paid within seven days after de- mand, may be enforced by distress (;•). The justices have power to examine the parties and witnesses on oath (s). If a railway company enter upon, and use, any private O) 17 Q. B. l. (o) R. v. Rand and Others, 35 L. J., M. C. 157. Q>) Wakefield Local Board of Health v. West Riding and Grimsby Rail Co., 35 L. J., M. C. 69. (q) Queen v. Boyce Combe, 32 L. J., M. C. 67. (r) 8 Vict. c. 20, s. 140; App. (*■) This includes affirmation, or declaration. See Interpretation Clause, 8 Vict. c. 18, s. 3; App. WHEN ASSESSED BY ARBITRATORS. 133 road, and no agreement is made as to the compensation which the owners and other persons interested in the road are to receive, the difference must be settled by two justices (t). And where a railway company takes temporary pos- session of lands, the rent, if the parties differ, is also to be settled by two justices (u). Two justices are also empowered to apportion the amount of rents payable in respect of copyhold lands, where only part of the land is required (x). And where part only of lands, charged with a rent- charge, is required by a public company, two justices may apportion the amount of the rent (y). And where a part only of lands, comprised in a lease for years un- expired, is required by a railway, &c. company, the rent of the remaining portion of the land is to be appor- tioned by two justices if the parties cannot agree (z). 2. Arbitrators. If the amount of compensation claimed exceeds 50/., the claimant (unless he be merely a tenant from year to year) has the option of having his claim settled either by arbitration or by a jury. It must be remembered, that a tenant from year to year, or for a less interest, is peculiarly circumstanced with respect to the question of compensation. (t) 8 Vict. c. 20, s. 30; App. See further as to these cases, post, Chapter XIII., " Certain Cases of Compensation peculiar to Railway Companies." (n) 8 Vict. c. 20, s. 43; App. (x) 8 Vict. c. 18, s. 98; App. (.y) 8 Vict. c. 18, s. 116; App. (z) 8 Vict. c. 18, s. 119; App. And see^>0sf, Chapter XL, "Lessees for Years, &c." 134 COMPENSATION. If the whole, or any part, of his land or premises be taken, the purchase-money and compensation for any damage caused by severance must be settled by two justices, whatever the amount of the claim may be ; but if the land and premises are injuriously affected only, and no part is taken, then, if the claim do not exceed 50/., it is to be settled by two justices, but if the claim exceed that sum, it must be assessed by arbi- trators, or by a jury, at the option of the claimant. If the claimant desires his case to be settled by arbi- tration, he ought to signify his desire by a notice in writing to the company. This may be done at any time, before the company have issued their warrant to the sheriff to summon a jury. Where the matter is still in negotiation, and the company have merely pro- posed to take the land, the company must, before issu- ing their warrant to the sheriff (a), give the claimant ten days' notice of their intention to do so ; so that the claimant has, for this class of cases, ten days at least to make his mind up whether his claim is to be referred to arbitration or a jury. But where the company have actually taken or injuriously affected land, and the claimant proceeds under the 68th section, the claimant is the actor, as we have seen(Z»), and commences the proceedings. By the Railways Act (Ireland), 1851, s. 8 (14 & 15 Vict. c. 70), it is required that the claimant should send in to the arbitrator a written statement of his claim. It was held that a non-compliance with this provision was ground why a mandamus should not issue to the arbitrator, duly appointed by the Board of Works, to (a) 8 Vict. c. 18, s. 38; App. (b) See ante, pp. 65, G6. SUBMISSION TO ARBITRATION. 135 compel him to hear and determine the plaintiff's claim, even though the arbitrator in his affidavit had alleged another and erroneous ground for his refusal. Written notice of the plaintiff's claim was by the majority of the Court considered to be an essential ingredient in his case, " in order to ascertain definitely, beyond a doubt, first, the party's claim, and secondly, what was decided — that is the subject matter of decision — so that here- after it might be known" (c). If the claimant do not signify his desire as aforesaid, to have the question of compensation settled by arbitra- tion, or if, when the matter is referred to arbitration, the arbitrators or their umpire fail for three months to make their award, or if no final award be made, the question of compensation must be settled by a jury (d). Where the landowner and the company agree to refer the amount of compensation to arbitration, it is not necessary to the validity of such an agreement that a notice to treat should have been previously served by the company (e). The parties should endeavour to concur in appointing a single arbitrator. If they do not so concur, a request should be made by one party to the other that the latter 0) S. v. Fishbourne, 17 Ir. C. L. R. 148. (d) 8 Vict. c. 18, s. 23; App. It seems quite clear that the pro- visions of this section apply as well to arbitrations under section 68, for settling claims for compensation in respect of lands taken for, or in- juriously affected by, the works of the undertaking, as to arbitrations upon lands intended to be taken. Evans v. Lancashire, /). But see sect. 12 of the Common Law Procedure Act, 1854, which probably supplies this omission. If the arbitrators, in case the umpire die, or become incapable to act, refuse, or, for seven days after request of either party, neglect, to appoint an umpire, one may be appointed by the Board of Trade, when a railway company is a party to the arbitration, and in any other case, by two justices (z). It seems that, when the Board of Trade appoints an umpire under this provision, it should be under their seal of office. In one case, an objection was taken to the appointment of an umpire, on the ground that it was not so made ; but the objection was considered too doubtful to be decided on a motion to set aside the award (a). The Court of Queen's Bench have decided, that if the arbitrators neglect to appoint an umpire, the Board of Trade may, after the arbitrators are incapable to act by lapse of time, appoint an umpire under this 28th section. A railway company appointed an arbitrator on the 23rd March: a claimant of compensation ap- pointed another on the 6th of April. The arbitrators neglected, for seven days after request by the company, to appoint an umpire, on which the claimant applied to the railway commissioners (4), and they appointed an (y) See this section, App. (z) 8 Vict. c. 18, s. 28 ; App. (a) Wilts, $c. Mail. Co. v. Fooks, 3 Ex. 728. (b) Under the 9 & 10 Vict. c. 105 (28th August, 1846), commis- sioners of railways were appointed, and by that statute, on their appoint- ment, all the powers of the Board of Trade were transferred to them. By the 14 & 15 Vict. c. 64, the former Act was repealed from the 10th October, 1851, and the powers of the commissioners under any subsequent Acts were transferred to the Board of Trade. DECLAEATION BY AEBITEATOES, ETC. 143 umpire on the 17th of May. It was contended that, as by section 31, if arbitrators fail to make their award within twenty-one days, their power to award ceases: no umpire coidd be appointed after the expiration of twenty-one days; but the Court of Queen's Bench held the appointment good, seeing no reason why the arbi- trators' incapacity to award should have any effect upon the powers given by the statute for appointing the umpire (c). Where the arbitrators fail to appoint an umpire, and the time allowed to the Board of Trade for making such appointment has passed without any being made, the party claiming compensation may give notice to the company requiring them to issue their warrant for a jury to assess the amount of compensation; and, on the company's neglecting to do so, may compel them by mandamus (_d). If, when a single arbitrator has been appointed, such arbitrator die, or become incapable of acting, the matters referred to him shall be determined by arbitra- tion, as if such arbitrator had not been appointed (e). Each arbitrator and umpire must, before entering into the consideration of the matters referred to him, make and subscribe a declaration (_/ ) before a justice that he will act faitlrfully and honestly. This declara- tion is annexed to the award when made. This declaration need not be made before a justice of (e) Be Bradshaw and East and West India Docks, fyc. Rail. Co., 5 Rail. Ca. 527. (d) lnre South Yorkshire, Doncaster, cfc. Mail. Co., 18 L. J., Q. B. 333. 0) 8 Vict. c. 18, s. 29 ; App. (/) 8 Vict. c. 18,s.33; App. 144 COMPENSATION. the county in which the lands or premises, the subject of the compensation, lie (g). Where an umpire omitted altogether to make the declaration, and where, after the expiration of three months, he discovered his error, and the attornies of both sides signed a consent to go on and take no ob- jection, Mellor, J., refused to set aside his award (A). The arbitrators (i) are required to deliver their award in writing to the company, who are to retain it, and Avho must, at their own expense, furnish forthwith, on demand, a copy of it to the other party. The company must also, at all times, on demand, produce the award, and allow it to be inspected by the other party or any person appointed by him for that purpose (k). This provision imposes upon the company the direct duty of taking up the award, and, therefore, it was held not to be a good return to a mandamus, which required the company to take up the award, to say that the umpire refused to give it up without haying first paid his fees. The Court said that the statute was not meant to take away the arbitrator's or umpire's right of lien at common law(/). (g) Dames v. Staffordshire Rail Co., 21 L. J.,M. C. 52. Nor does it seem to be required that the arbitrators and umpire should make the declaration together, or, that the umpire should make it before the arbitrators enter upon the matters referred. (h) Palmer v. Metropolitan Mail. Co., 31 L. J., Q. B. 259. (/) This includes a single arbitrator and an umpire, as the case may be. (k) 8 Vict. c. 18, s. 35; App. (0 R. v. South Devon Rail. Co., 20 L. J., Q. B. 145. And a Court of Equity has no j urisdiction to compel the company to take up an award ; nor will the Court, before the award is taken up, assume that the claimant is entitled to any compensation. Sutton Harbour Improve- ment Co. v. Hitchens, 16 Beav. 381. The arbitrators, or umpire, are not bound to deliver the award to the company without payment of their fees. INVALID AWARD. 145 The arbitrators or their umpire may call for any documents in the possession of either party, and may examine the parties or their witnesses on oath (m). The submission to arbitration may be made a rule of any of the superior Courts upon the application of either party (n); and this may be done in Vacation as well as in Term (o). An arbitrator, like a jury, has no right or jurisdiction to determine whether the claimant has the interest which he professes to have; his only function is to assess the value of the interest which is claimed (jo). No award made with respect to any question referred to arbitration shall be set aside for irregularity, or error, in matter of form (q). It is difficult to lay down any general ride as to the distinction between matters of form and matters of substance. Of course the arbitrators and umpire must, in their proceedings, observe the general rules of law applicable to arbitrations. Thus both parties must have a fan- opportunity of adducing evidence. And if the umpire decide the matter, he must (unless the evidence has been properly heard and reported to him for his decision) hear the evidence nilly himself. A railway company, and the owners of land required by the company, appointed arbitrators under this act, (m) 8 Vict. c. 18, s. 32 ; App. (») lb. s. 36 ; App. (o) In re Taylor, 5 B. & A. 217. (p) Brandon v. Brandon, 34 L. J., Ch. 333. () Re Edmiindson, 17 Q. B. 67. (q) R. v. Sheriff of Middlesex, 5 Q. B. 365. (?•) Mortimer v. South Wales Rail. Co., 28 L. J., Q. B. 120; Read v. Victoria Station, $o. Rail. Co., 1 N. R. 446; S. C, 1 H. & C. 826. I. I 170 COMPENSATION. The sheriff is to give judgment for the purchase- money or compensation assessed by the jury, and the verdict and judgment must be signed by him, and kept by the clerk of the peace among the records of the general or quarter sessions of the peace of the county in which the lands are situate ; such verdicts and judg- ments are to be deemed records, and all persons may inspect them or have copies of them (s). It would appear, however, notwithstanding the above enactment as to the verdict and judgment being deemed records, that they are not records for all purposes. It is not yet well settled what is the exact effect of these words (t). The verdict, and the grounds on which it proceeded, may, it seems, be proved by parol evidence. In one case, the verdict was proved by the under-sheriff and by the plaintiff's receipt for the compensation money, and Parke, B., thought it was not essential that the verdict should be recorded, but that, in the absence of proof to the contrary, it must be taken to have been so (u). This enactment, that the inquisition shall be kept among; the records of sessions and be a record, does not render it necessary to draw it up with the formality ob- served in setting out the judgment of an inferior Court (#). It is clear, as a general rule applicable to inquisitions under the Lands Clauses Act, as it is to proceedings (*) 8 Vict. c. 18, s. 50; App. (t) R. v. Manchester and Leeds Rail. Co., 8 A. & E. 428; R. v. Trust res of Swansea Harbour, 8 A. & E. 448. See further R. v. Sheffield Rail. Co., 11 A. & E. 194; R. v. Bristol and Exeter Rail. Co., ib. 202, n.; S. C, 2 Rail. Ca. 99. (u) Manning v. Eastern Counties Rail. Co., 3 Rail. Ca. 637. (x) R. v. Trustees of Swansea Harbour, 8 A. & E. 448. APPEARANCE OF JURISDICTION ON THE WARRANT. 171 before other inferior jurisdictions, that the jurisdiction of the sheriff must be shown upon the face of the pro- ceedings. But it is sufficient, if this is substantially made apparent, and it seems, that the inquisition need not state any matter not cognizable by the sheriff (y). In many cases, under earlier Special Acts, objections were taken to the form of the inquisition, on the ground that the previous proceedings did not sufficiently appear upon the inquisition ; and it seems to have been consi- dered by some writers essential, that the notice to treat should appear on the face of the inquisition. The want of a statement of notice, and other objections to an in- quisition, taken under an earlier Special Act authorizing the construction of a railway, were elaborately discussed in the Court of Exchequer Chamber and also in the House of Lords, and in the judgment in the former Court the subject was thus summed up : " The warrant and inquisition being annexed together, as stated in the special verdict, may be considered as an entire pro- ceeding, and any deficiency existing in the one may be aided by reference to the other." And, indeed, it is obvious that, as no particular form is prescribed by the statute, it must be sufficient if the jiuisdiction is sub- stantially made apparent upon the face of the docu- ments, or is to be inferred therefrom. And Lord Cottenham, in his judgment in the House of Lords (2), said, that all reasoning appears to be against any such rule as " that the inquisition or other proceeding need state any matter not cognizable by the authority whence (y) Taylor v. Clemson, 2 Q. B. 978. (z) S. C, 11 CI. & F. 610. See further as to the jurisdiction ap- pearing on the warrant, R. v. Lancaster and Preston Rail. Co., 3 Rail. Ca. 725; Bradby v. Southampton Board of Health, 4 E. & B. 1014; Walker v. London and Blackn-all Rail. Co., 3 Q. B. 744. 12 172 COMPENSATION. such proceeding emanates." A later case was much to the same effect, and the Court of Queen's Bench there expressly decided, that the warrant and inquisition were good, notwithstanding the want of statement of notice to treat, and also of the identity of the land re- quired by the company with that shown to the jury, and of the non-agreement of the parties, those being matters, into which the sheriff and jury could not in- quire, and which therefore it was not necessaiy to mention in the inquisition (a). But notwithstanding these decisions, it may be unobjectionable to show on the face of the proceedings a description of the lands taken, and that the proper notices were given by the parties upon whose application the warrant to the sheriff was issued. In practice it is sometimes a convenience to have the recitals in the warrant, but since the cases mentioned it seems difficult to see any other advan- tage. It is no objection, that it does not appear on the in- quisition that the whole of the capital has been sub- scribed for. Xor need it appear, that a certificate of two justices had been obtained, to certify, that an erroneous description of lands in the book of reference proceeded from mistake : Nor, who is to pay the costs of the inquiry. AVhen a trial is held before a jury less than twelve in number, and Avhen a trial is held after the time limited by the statute, both which frequently happen with the (a) Ostler v. Cooke, 13 Q. B. 143. This and the last cited case ave inconsistent with the earlier authorities. See Doe d. Payne v. Bristol and Exeter Rail. Co., 6 M. & W. (per Parke, B.) 339; R.x.Bagshaiv, 7 T. R. 3G3; R. v. Mayor of Liverpool, 4 Burr. 2244; R. v. Trustees of Norwich, fyc. Road, 5 A. & E. 5G3; R. v. South Holland Drainage Committee, 8 A. & E. 429; R. v. Manning, 1 Burr. 377. CERTIORARI WHERE NO JURISDICTION". 173 consent of the parties, such consent should appear on the face of the inquisition. Objections to the inquisition will not, in general, be given effect to, if made by the company or party put- ting in motion the proceedings upon which the inquisi- tion is founded. It is provided " that no proceeding shall be quashed or vacated for want of form, or be removed by certiorari into any of the Superior Courts "(£). But though the certiorari is thus taken away, the Court will interfere, if it clearly appears that the pro- ceeding has related to some matter over which the sheriff had no jurisdiction whatever ; or if the proceed- ing itself is impeached as being invalid, on the ground of malversation : " It is impossible to maintain that, although the certiorari is taken away, if it is made out by affidavit that there has been a clear excess of juris- diction on the part of the under-sheriff the certiorari ought not to go "(c). And although the excess of jurisdiction is in only one part of the proceedings, a certiorari may issue to re- move the whole proceedings (d). Where the jury have, in awarding compensation, taken into account one claim, among others, as to which they had no jurisdiction, a certiorari will be granted. Such excess of jurisdiction need not appear upon the face of the proceedings, but may be shown upon affidavit (e). (b) 8 Vict. c. 18, s. 145; App. (c) Per Lord Campbell in Penny v. South Eastern Rail. Co., 26 L. J., Q. B. 225; R, v. Sheffield and Manchester Rail. Co., 11 A. & E. 194. (d) Re South Wales Rail. Co. v. Richards, 6 Rail. Ca. 197. (e) In re Penny, 7 E. & B. 660. 174 COMPENSATION. In order, however, that an inquisition to assess the value of land compulsorily taken may be removed by certiorari, there must be either error apparent on the face of the inquisition or a clear excess of jurisdiction. Misdirection, or improper reception of evidence, or even a perverse verdict, will not be sufficient. Accordingly, where a jury found that the claimant was entitled to no compensation, though it appeared in evidence that the defendants had offered a certain sum, the Court refused to grant a certiorari (f). A party, who seeks to set aside an inquisition, must come into Court with clean hands, for he may so conduct himself as to be held incompetent to take an objection which would be perfectly good under ordinary circum- stances. Thus, where a party treated lands as his own freehold while negociations for its purchase were going on, it was held that he could not set up as an objection, that the lands belonged to his wife and were copyhold, and that the inquisition awarded no compensation to the parties who held these interests in the lands (g). The result appears to be, that the granting the cer- tiorari is a matter for the discretion of the Court ; and, therefore, where the objection is of a trifling character and does not at all affect the substance of the case, being, for instance, more an irregularity in practice than a defect in jurisdiction, — or where the objection is quite manifest and conclusive, so that, for instance, no action could be maintained or defended in reference to the matter, — in such cases the Court will hesitate, and pro- bably decline to grant the certiorari. The Court will also take into consideration the conduct of the party (/) R. v. Local Board of Health of Halifax, 14 L. T., N. S. 447. (g) R. v. Committee for South Holland Drainage, 8 A. & E. 429. WHEN ASSESSED BT SURVEYORS. 175 applying for the writ, as to whether he has waived, &c. the objection. And it is an almost invariable rule, that, where a party applying fails in the first instance from incompleteness in his affidavits, he will not have a cer- tiorari granted to him upon fresh affidavits supplying the defect. Objections to issuing the certiorari are available on a motion to quash the inquisition when brought up (h). The statutory regulations limiting a time for issuing writs of certiorari, and requiring notice to be given of applications for them, and recognizance to be entered into before allowance, do not apply to inquisitions or other proceedings before sheriffs (J). An action of debt lies on an inquisition and verdict, to recover the compensation awarded by a -jury. In this action the plaintiff may recover not only the amount assessed for compensation, but also the costs attending the inquiry, if he is entitled to them, and they have been taxed. A more summary remedy for costs is given by the statute (A). 4, By Surveyors. In certain cases the amount of purchase-money and compensation is to be assessed by surveyors. If the party claiming compensation fails to appear at the inquiry held before the jury, the inquiry is not to be further proceeded in, and the compensation, to be paid by the company, is to be ascertained by an able prac- tical surveyor appointed by two justices (/). <7t) R. v. Hatfield Peverel, 14 Q. B. 298. (v) See 5 Geo. 2, c. 19, s. 2; 13 Geo. 2, c. 18, s. 5. (k) 8 Vict. c. 18, ss. 51 — 53; App. See further as to costs, Chapter XII., " Costs." (Z) 8 Vict. c. 18, ss. 47, 59; App. 176 COMPENSATION. It has been held that an appearance in one of claim- ant's cases is an appearance in all. The promoters of an undertaking served an offer of compensation for a nominal sum, and a notice of their intention to summon a jury in each of 378 cases. The solicitors for the claimants appeared in the first case called on, and then protested against the Court pro- ceeding in the remaining 377, and withdrew from the inquiry. The promoters proceeded notwithstanding, and obtained a finding in each case from the jury, and paid the amount of compensation into the Bank. The Court of Queen's Bench (Ireland) held, that the ap- pearance in one case was an appearance in all, and that the complainant was bound thereby (A). So, also, where lands are purchased or taken from any party, who, by reason of absence from the kingdom, is prevented from treating, or who, after diligent inquiry, cannot be found, the purchase-money and compensation is to be determined by the valuation of an able practical surveyor appointed in the same manner (/). Upon the application of the company to two justices, and upon satisfactory proof to them, that such party is, by reason of absence from the kingdom, prevented from treating, or cannot after diligent inquiry be found, or that such party has, after due notice, failed to appear at the in- quiry before the jury, the justices are to nominate, in writing, an able practical surveyor. The surveyor de- termines the valuation, and annexes to it a declaration subscribed by him that it is correct (wz). (Jt) Re Trustees of Estate of Marquis of Donegal, 12 Ir. L. Rep. 539. (0 8 Vict. c. 18, s. 58; App. (w) lb. s. 59; App. DAMAGE BY REASON OF SEVERANCE. 177 Knight Brace, V. C, decided that a nomination, by the justices, of a surveyor employed by a company, and who had already, in the course of such employment, valued the land for the purpose of negotiation with the claimant, did not necessarily invalidate the proceed- ings («). It appears that it is not absolutely necessary that the appointment shoidd particularly specify either the lands which the surveyor is to value, or the course of the rail- way (o). Before such surveyor enters upon the valuation he must make and subscribe in the presence of the justices, or of one of them, a declaration that he will faitlifully, impartially and honestly, execute his duty of making the valuation. If he make this declaration corruptly, or if he act contrary to it when made, he is guilty of a misdemeanor (/>). The nomination and declaration are to be annexed to the valuation, and preserved therewith by the company, who must produce them, on demand, to the owners of the lands comprised in the valuation, and to all other parties interested therein (q). All the expenses of the valuation are to be borne by the company (r). Whether it be justices, arbitrators or surveyors who estimate the purchase-money or compensation, they are directed to have regard not only to the value of the land purchased or taken by the company, but also to the damage, if any, to be sustained by the owner of the (») Langham v. Great Northern Rail. Co., 5 Rail. Ca. 253. (0) Poynder v. Great Northern Rail. Co., 5 Rail. Ca. 1 96. O) 8 Vict. c. 18, s. 60; App. (q) lb. s. 61; App. (?•) lb. s. 62; App. 15 178 COMPENSATION. lands by reason of the severing of the lands taken from the other lands of the owner, or otherwise injuriously affecting such other lands by the exercise of the com- pany's powers (s). There is a distinction, as to form, between the assess- ment of compensation by a jury, and that by justices, arbitrators or surveyors. It is provided (t), that where there is an inquiry before a jury, the jury shall deliver their verdict separately for the sum of money to be paid for the purchase of the land required, and for the sum of money to be paid by way of compensation for the damage, but there is no such provision as to justices, arbitrators or surveyors. But we have already seen(w) that, even in the case of a jury, this enactment is only compulsory when insisted oil by one of the parties. In all cases where the compensation has been ascer- tained by a surveyor, by reason that the parti/ inte- rested in the lands, Sfc. could not be found, or was absent from the kingdom (x), such party may dispute the valuation, provided he has not applied to the Court of Chancery for payment or investment of the money paid into the bank. If he dispute the valuation, he must give a notice in writing to the company, requiring the question of compensation to be submitted to arbitra- tion. It is then submitted and proceeded with, as in other cases of arbitration (?/). The only question which can be entered on by the arbitrators is, whether the sum paid into the bank by (s) 8 Vict. c. 18, s. 63; App. (f) lb. s. 49; App. O) Ante, p. 166. (x) The case of a party failing to appear at the inquiry before a jury is not further provided for. (y) 8 Vict. c. 18, s. 64; App. WHEEE COMMON OR WASTE LANDS ARE TAKEN. 179 the company is sufficient, or whether any further sum ought to be paid by them (z). If the arbitrators award a further sum to be paid or deposited by the company, such further sum must be paid or deposited, as the case may require, within four- teen days after the making of the award, and, in default, the same may be enforced by attachment, or recovered with costs in an action in any of the Superior Courts (a). But if they determine, that the sum deposited was suf- ficient, the costs of, and incident to, the arbitration, are in the discretion of the arbitrators. If they award a further sum to be paid or deposited, the costs are to be borne by the company (J). It will be observed, that the provisions respecting costs in these cases of arbitration are different from those applicable to an arbitration agreed upon in the first instance (c). Where lands are purchased, or taken, from parties under disability to convey, &c, the compensation (ex- cept where it has been assessed by a jury, or by arbitra- tion, or by the valuation of a surveyor appointed by two justices) must be assessed by two able practical surveyors, one nominated by the company, and the other by the other party (d). And where common or waste lands, not held of a manor, are taken, the commoners are required to appoint a committee to negotiate with the company ; but if no such committee is appointed, then two justices are re- (*) 8 Vict. c. 18,3.65; App. («) lb. s. 60; App. (J) lb. s. 67; App. (c) See sect. 34; App., as to costs of arbitrations agreed on in the first instance ; and see further as to costs, post, Chapter XII., " Costs." (d) 8 Vict. c. 18, s. 9; App. 180 COMPENSATION. quired to appoint a surveyor, who is thereupon autho- rized to determine the amount of compensation which the commoners are entitled to receive for the extinction of their commonable rights (e). We have already seen that, when a company are desirous of entering upon and obtaining immediate pos- session of lands, a surveyor may be appointed to make a valuation of the lands (/); but as this is merely a proceeding preliminary to the entry on the lands, it is unnecessary to refer further to it. 0) 8 Vict. c. 18, ss. 101—107; App. (/) See ante, Chapter IV., p. 33. ( 181 ) CHAPTER XI. Lessees from Year to Year — Tenants at Will — Under- Lessees — Statement of Cases — Production of Lease, where greater Interest than as Tenant at Will is claimed. As has been said before, lessees for a year, or from year to year, or for a lesser interest, are peculiarly circum- stanced with respect to compensation. If the whole, or any part, of the lands or premises of one, who has no greater interest in them than as tenant for a year, or from year to year, be actually required and taken, the purchase-money and compensation for the damage done by severance, or by injuriously affect- ing the remainder of the lands or premises, must be set- tled by two justices whatever the amount of the claim may be («). But if no part of the lands or premises is taken, but they are only injuriously affected, then, if the amoimt of the claim is under 50/., it is to be settled by two justices ; but if the amount of the claim is over that sum, it is to be assessed by arbitrators or a jury (b). It follows, therefore, that a lessee from year to year, &c, whose lands or premises have been injuriously affected only, by the execution of the works, may avail himself of the summary remedy given by the 68th sec- tion of the Lands Clauses Act, explained above (c). («) 8 Vict. c. 18, s. 12] ; App., supra, p. 128. (b) Somen v. Metropolitan Bail. Co., 31 L. J., Q. B. 261. (c) See ante, Chapter VI., pp. 76, et seq. 182 COMPENSATION. If part only of lands, comprised in a lease for a term unexpired, be required, the rent is to be apportioned between the lands required, and the residue of the lands. If the lessor and lessee cannot agree as to the apportionment, the question must be settled by two justices (d). The master of a grammar school, incorporated by charter, who is liable to be dismissed at three months' notice, has not a greater interest in the school-house and premises than that of a tenant from year to year, and, if entitled to compensation at all, ought to proceed before two justices under this 121st section, for this section controls the general words of section 68 (e). Under section 121, when any person having no greater interest than as tenant for a year, or from year to year, is required to give up possession before the expiration of his term or interest, he is entitled to compensation for such unexpired term or interest. A railway com- pany served a notice to treat on a person possessed of such an interest, but took no steps for having the com- pensation assessed. It was held that the notice to treat was not equivalent to requiring possession (y ). In such a case the tenant will, however, be entitled to compensa- tion for any expenses to which he has been put in con- sequence of the notice (g). Where part of leasehold premises, subject to an entire single rent, had been taken by a canal company, and (d) 8 Vict. c. 18, s. 119; App. (e) Reg. v. Manchester, cfc. Mail. Co. (on the prosecution of Wil- lan), 4 Ell. & Bl. 88. (/) R. v. Stone, L. R., 1 Q. B. 529. See R. v. London and South- ampton Rail. Co., 10 A. & E. 3. (g) R.x. Commissioners of Rochdale Improvement Act, 2 Jur., N. S. 861. COMPENSATION TO TENANT FOEIMPEOVEMENTS,ETC. 183 the compensation referred to arbitration, the Court of Exchequer held, that the arbitrator had no power to apportion the rent, the remedy being under this sec- tion (7i). A lessee is entitled to compensation for any loss what- ever, which is the direct and immediate consequence of his property being taken, or of the execution and con- struction of the company's works. Thus he may re- cover compensation for — the goodwill of Iris house and business — improvements and additions made by him during his tenancy, and Avhich he is not bound to leave behind him for the benefit of his landlord — for the loss of his chance of a beneficial renewal of Ins lease — for loss of trade profits in removing — for allowance to be made by an incoming tenant, &c. Where compensation to tenants has been paid into Court by the company, the landlord has no lien upon the money, and therefore, where money had been so paid in, although the rents of the land were in arrear at the time of the lodgment, and the arrears had been since suffered largely to accumulate, and the company had made no settlement with the landlord for his inte- rest in the land in question, the Master of the Rolls (Ireland) ordered the payment, to the tenants, of the money lodged in Court (f). As to the tenant's liability to his landlord for rent ; It seems, that if a tenant is compelled by a company, under their compulsory powers, to quit on a day daring a current period of his tenancy, he is entitled to claim an apportionment of the rent, that is, to pay it only up (7i) Re Ware and Regent's Canal Co., 7 Eail. Ca. 780. (i) Ex parte Carey, re Great Southern, #c. Rail. Co., 10 L. T. 37. 184 COMPENSATION. to the time at which he is so compelled to quit. But in the following case, a tenant from year to year, at a rent payable half-yearly, received six months' notice to quit from a railway company (under the powers of their act), which expired in the middle of the half-year. He gave up possession to the company accordingly at the expiration of six months, without obtaining or requiring compensation for his interest in the premises, and it not appearing but that he might have remained in until the end of the current half-year, the Court of Exchequer held, that he was liable for the rent of the current half- year (J). A tenant from year to year, who receives a notice from a railway company, requiring him to quit before the expiration of his term, ought to leave and claim compensation at once ; if he remains until his term expires, he cannot then claim the compensation he Avould have been entitled to receive, if he had obeyed the notice at first (A). If the tenant has received due notice to quit, it seems that he will not be entitled to any compensation, though he be allowed to hold over after the expiration of the notice. The owner of a freehold estate, which was in the occupation of a yearly tenant, contracted to sell it to the corporation of M. for a sum of money which was paid into Court. The tenant had received due notice from the owner to quit at the end of six months, but he remained in possession after the expiration of the notice, without the consent of either the vendor or the cor- poration. It was held that, the tenant was not entitled (J) WainwrigM v. Ramsden, 5 M. & W. 602. (k) R, v. Southampton Rail. Co., 10 Ad. & E. 3. COMPENSATION FOR RIGHT OF RENEWAL, ETC. 185 to any portion of the purchase -money as compen- sation (I). There are but few cases reported upon the construc- tion of the enactments in the Lands Clauses Act re- specting lessees ; it may, therefore, be useful to give several cases which were decided upon the act incor- porating the Hungerford Market Company (11 Geo. 4, c. 70). The act provided, that every lessee, tenant for years, or at will, &c. should give up possession of his premises upon having three months' notice to quit, the company making compensation in case the tenant might be required to quit before the expiration of his term in the premises ; and also, that all tenants for years, from year to year, or at will, who might sustain any " loss, damage or injury in respect of any interest whatsoever for good- mil, improvements, tenants' fixtures or otherwise," should receive compensation from the company "for every such loss, damage or injury." In the first case, a tenant from year to year had re- ceived a regular half-year's notice to quit. It appeared that she, and her husband and his father, had been many years in possession, and that the tenancy was not likely to have been determined if the act had not- passed. The Court of Queen's Bench held, that she was entitled to compensation for the whole marketable interest which she had in the premises at the time the act passed, and that the goodwill, though of so uncer- tain a tenure, was protected by the act, as an interest which would, practically, have been valuable as between (I) Ex parte Nadin, 17 L. J., Ch. 421. Per Lord Cottenham, re- versing the judgment of V.-C. Shadwell. See also Reg. v. London and Soutliamjrton Rail. Co., 1 Rail. Ca. 717. 1 8 6 COMPENSATION. the tenant and a purchaser, though it was not a legal interest as against the landlord (m). But where the tenancy had been for a year, with sti- pulations, that, after the year, the tenant should quit on three months' notice at any quarter day, and that the tenant should not underlet without leave, the Court held, that these conditions of holding, especially the latter one, essentially distinguished this case from the last, and that the tenant was not entitled to compen- sation (w). A lessee, whose term expired on the day the com- pany came into possession, June 24th, 1830, obtained leave to hold on till the premises were wanted, and did so for a year and three quarters, at the end of winch time he quitted, having received half a year's notice. His undertenant, who came in at Christmas, 1828, and had held from year to year, and who knew of the above proceedings, and had received notice to quit, was held entitled to compensation for goodwill (o). Compensation was claimed by a party, who in 1823 became the assignee of a lease for fourteen years, granted in 1818, of premises on the estate purchased by the company. The lease contained covenants to yield up the premises, with all fixtures and improve- ments, at the end of the term, and not to underlet or assign without leave ; but this latter clause had not been introduced in contemplation of any advantage to be taken of it by the landlord with reference to the present act. The company suffered the lease to expire, and then turned out the tenant. It was held, that he O) Ex parte Farlow, 2 B. & Ad. 341. O) Ex parte Wright, 2 B. & Ad. 348. () 8 Vict. c. 20, s. 16; App. IX THE RAILWAYS CLAUSES ACT. 207 kind used in constructing the railway, and also to dig and take from out of any of such lands any clay, stone, gravel, sand or other tilings that may be found therein, useful or proper for constructing the railway or any such roads as aforesaid, and, for the purposes aforesaid, to erect thereon workshops, sheds and other buildings of a temporary nature : provided always, that nothing in this act contained shall exempt the company from an action for nuisance or other injury, if any, done in the exercise of the powers hereinbefore given, to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid ; provided also, that no stone or slate quarry, brickfield, or other like place, which, at the time of the passing of the special act, shall be commonly worked or used for getting materials therefrom, for the purpose of selling or disposing of the same shall be taken or used by the company either wholly or in part for any of the purposes lastly hereinbefore mentioned (q). And in case any such lands shall be required for spoil banks or for side cuttings, or for obtaining materials for the construction or repair of the railway, the company shall, before entering thereon (except in the case of accident to the railway requiring immediate reparation), give three weeks' notice in writing to the owners and occupiers of such lands of their intention to enter upon the same for such purposes (;•) ; and, in case the said lands are required for any of the other purposes herein- before mentioned, the company shall (except in the (q) 8 Vict. c. 20, s. 32; App. See Lund v. Midland Rail. Co., 34 L. J., Ch. 27*!. (r) This notice ought to point out for what purposes the lands arc required, as in the form in the Appendix. 208 COMPENSATION. cases aforesaid) give ten da} r s' like notice thereof; and the company shall, in such notices respectively, state the substance of the provisions hereinafter contained respecting the right of such owner or occupier to require the company to purchase any such lands, or to receive compensation for the temporary occupation thereof, as the case may be (s). The notice must either be served personally on the owners and occupiers, or left at their last usual place of abode, if any such can, after diligent inquiry, be found ; and in case of the absence of such owner from the United Kingdom, or if he cannot be found after dili- gent inquiry, the notice must be left with the occupier of the lands, or, if there be no occupier, it must be affixed upon some conspicuous part of the lands ( t ). If lands are required for spoil banks, side cuttings, or for obtaining materials, the owner or occupier may, by giving notice in writing to the company, within ten days after he has received the before-mentioned notice from the company, object to the company using the lands ; and the objection may be, either that the lands or materials are essential to be retained by the owner, or, that other contiguous land would be more fitting to be used (u). If the former objection be made, two justices may inquire into the truth of such ground of objection, and, for special reasons to be assigned, may order that the lands shall not be used by the company : and, after service of the justices' order on the company, they cannot take or use, without the previous consent of the owner, any of the lands or materials which they (s) 8 Vict. c. 20, s. 33 ; App. (t) lb. s. 34 ; App. («) lb. s. 35 ; App. PARTICULARS OF INTEREST OF CLAIMANT. 209 are ordered not to take or use (x). If the objection be, that other contiguous lands, which the company are authorized to use, would be more fitting to be used, then the owners and occupiers of such contiguous lands and the company may be summoned to appear before two justices, who may determine summarily which of the lands shall be used (y) ; or the justices may adjourn the inquiry, and summon any other person, who may appear to have lands which the company are authorized to take, and, then, finally determine which lands shall be used (r). The owner or occupier of lands, required for spoil banks, side cuttings, for obtaining materials or for forming roads, may require the company to execute a bond, with sureties conditioned for the payment of com- pensation, and a justice may decide any difference as to the amount of the penalty, &c. («). Before any lands or roads can be so used, the company are required, on the request of the owner or occupier, to fence off the lands and roads and to put up convenient gates ; and, in case of difference, two justices may decide what fences and gates are necessary (b). If lands are taken for the purpose of getting materials, the company must work the same in such manner as the surveyor or agent of the owner may direct (c). In all cases Avhere the company enter upon lands to make spoil banks, side cuttings, or to take materials, the owners or occupiers of the lands, or parties having such estates or interests therein as, under the Lands Clauses Consolidation Act, would enable them to convey the lands to the company, may, at any time, during the (.r) 8 Vict. c. 20, s. 36 ; App. (a) lb. s. 39 ; App. (y) lb. s. 37; App. (b) lb. s. 40; App. (;) lb. s. 38 ; App. (<■) lb. s. 41 ; App. 210 COMPENSATION. possession of such lands by the company, and before such owners or occupiers have accepted compensation from the company in respect of such temporary posses- sion, serve a notice in writing on the company, requiring them to purchase the said lands or the estates and interests therein capable of being sold and conveyed by them respectively ; and in such notice such owners or occupiers shall set forth the particulars of their estate or interest in such lands, and the amount of their claim in respect thereof; and the company shall, thereupon, be bound to purchase the said lands or the estate and interest therein capable of being sold and conveyed by the parties serving such notice (d). In any of the cases aforesaid, where the company shall not be required to purchase such lands, and in all other cases, where they shall take temporary possession of lands by virtue of the powers in the acts granted, it shall be incumbent on the company, within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of the lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands, and shall also, from time to time, during their occupation of the said lands, pay half-yearly to such occupier or to the owner of the lands, as the case may require, a rent, to be fixed by two justices in case the parties differ, and shall also, within six months after they shall have ceased to occupy the lands, and not later than six months after the expiration of the time by the special act limited for the completion of the railway, pay to such owner (d) IS Vict. c.20.. s. 42; App. TEMPORARY USE OF PRIVATE ROADS. 211 and occupier, or deposit in the bank for the benefit of all parties interested, as the case may require, compen- sation for all permanent, or other loss, damage or injury . that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers in the acts granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands (e). The company are also authorized to make a tem- porary use of certain private roads. It is enacted, that, subject to the provisions therein, and in the special act contained, it shall be lawful for the company, at any time before the expiration of the period by the special act limited for the completion of the railway, to enter upon and use any existing private road, being a road gravelled or formed with stones or other hard materials, and not being an avenue or a planted or ornamental road, or an approach to any mansion-house, within the prescribed limits, if any, or, if no limits be prescribed, not being more than five hundred yards distant from the centre of the railway, as delineated on the plans ; but, before the company can enter upon or use any such existing road, they must give three weeks' notice of their intention to the owners and occupiers of the road and of the lands over which the same shall pass, and must in such notice state the time during which, and the purposes for which, they intend to occupy such road ; and such compensation must be paid as may be agreed upon, or, in default of agree- ment, then the amount is to be settled by two justices in the same manner as compensation not exceeding 50/. (f). (e) 8 Vict. c. 20, s. 43; App. (/) lb. s. 30; App. 212 COMPENSATION. But the owners and occupiers of any such road, and of lands over which the same passes, may, within ten . days after the service of the aforesaid notice, by notice in writing to the company, object to the company making use of the road, on the ground, that other roads, such as the company are hereinbefore authorized to use for the purposes before mentioned, or that some public road, would be more fitting to be used ; and, upon the objection being so made, such proceedings may be had as have been already mentioned with respect to lands temporarily occupied by the company, in respect of which three weeks' notice is required to be given, and in the same manner, as if, in the provisions relative to such proceedings, the word " road " or " roads," or the words " road and the land over which the same passes," as the case may require, had been substituted in such provisions for the word " lands" (). If mines are worked contrary to the aforesaid pro- visions, the company may require the owner to construct such works and adopt such means, as may make the railway safe, and, in case of refusal, the company may themselves construct such works' and recover back the expenses thereof (c). A canal act provided, that the company should not be entitled, on purchasing lands for making a canal, to any coal mines, &c, under the same, but that such mines shoidd belong to the same persons as would have been entitled to them if the act had not been made ; but it required the owners to give notice to the com- pany of their intention to work their mines within ten yards of the canal, and that the company might inspect the mines, and might stop the farther working of them (z) 8 Vict. c. 20, s. 81; App. (a) lb. s. 83; App. (i) lb. s. 84; App. This right both of companies and of private individuals to visit and inspect mines, in order to ascertain whether any injury is being done to their adjoining property by the mode in which the mines are worked, exists apart from any statutory enactment wher- ever there is good ground for suspecting such wrongful working, and will be enforced by Courts of Equity. Last India Co. v. Kynaston, 3 Swanst. 248; Lord Lonsdale v. Cunven, 3 Bligh, O. S. 168; Bennett v. WMteAouse, 29 L. J., Ch. 326; Adshead v. Needham, cited by Romilly, M. R., in the preceding case ; Attorney- General v. Chambers, 12 Beav. 159 ; Walker v. Fletcher, 3 Bligh, 172. (c) 8 Vict. c. 20, s. 85; App. I. L 218 COMPENSATION. on paying compensation to the owners. It was held, that the right of the owners to work within the ten yards was left as before the act, if, after notice given by them to the company, the latter did not purchase out their rights ; and that the canal being damaged by the nearer approach of the mine, after such notice and non- purchase, no action lay against the coal owner for such injury, which happened by default of the company not purchasing (c). The company will, however, be entitled to an injunc- tion to stay all dangerous working of the mines at a greater distance than the ten yards, on the terms of paying the owner compensation for the minerals in the manner provided by the act with respect to the less distance (d ). Where, under a canal act, the company required a certain breadth of coal on each side of the canal to be left, it was held, that the lessee of the coal was entitled to compensation, for loss he sustained by not working, that is, to the value of the coal when gotten, deducting the expense of getting it out, and this, independent of the compensation to the reversioner for the value of the coal in the bed (e). Notice had been given, by a canal company to a mine owner, not to take coal near the canal, and the Lands Clauses Act was subsequently incorporated with the canal act ; Lord Cottenham, C, refused to continue an injunction to restrain the coal owner from proceeding to have the damages assessed by arbitration (f). (c) Wyrley and Essington Navigation Co. v. Bradley, 7 East, 372. \d) Midland Rail. Co. v. Checkley, 36 L. J., Ch. 380. (e) Bamsley Canal Co. v. Tmibell, 13 L. J., Ch. 434. See Proud y. Bates, 34 L. J., Ch. 406. {/) Cromford Canal Co. v. Cutis, 5 Kail. Ca. 442. MINES AND MINERALS. 219 A railway company, who have taken lands for the purposes of their line, and have had them conveyed to them by the owner, by a conveyance in the usual statu- table form, are not entitled to prevent such owner from working the mines beneath, without paying him com- pensation, even though the mines could not ever have been worked without injury to the surface soil(the Railway Act, 18 , and "The Lands to wit. ) Clauses Consolidation Act, 1845," which is incor- porated in the said Railway Act, 18 , or one of the said Acts, at the house of, &c, such house not being more than eight miles distant from the lands hereinafter mentioned, on the day of a.d. 18 before me esquire, sheriff of the said countv, by virtue of a certain warrant hereunto annexed, which said warrant was received by me not less than fourteen nor more than twenty-one days before the said day of [the day appointed for the inquiry'], issued under the common seal of the and Railway Company, established and incorporated by the said Railway Act, 18 , on the oaths of [state the names of the jury], indifferent persons duly qualified to act as 256 APPENDIX. common jurymen in the superior courts, and sworn to inquire of and concerning the matter by the said warrant hereunto annexed directed to be determined, ascertained or settled by them as therein mentioned (that is to say): A. B. [the owner'] in the said warrant named, and the said Railway Company by their respective counsel, agents or attornies, having at the place and time aforesaid appeared before me and the jurors aforesaid, the said jurors on their oaths aforesaid say, that they do assess and give a verdict for the sum of £ to be paid by the said com- pany for the purchase by them in fee-simple in possession, free from incumbrances, of the pieces or parcels of land and other here- ditaments described or referred to in the schedule written under the said warrant hereunto annexed, and the appurtenances thereto belonging: And the jurors aforesaid, on their oaths aforesaid, further say, that they do assess and give a verdict for the further sum of £ to be paid by the said company as and by way of compensation for the damage to be sustained by the owner of the said pieces or parcels of land and other hereditaments by reason of the severing thereof from the other lands of such owner, or otherwise injuriously affecting such lands by the exercise of the powers of the said " Lands Clauses Consolidation Act, 1845," or the said Railway Act, 18 or any Act incorporated there- with. And I, the said sheriff, do hereby adjudge and order the said sums of £ and £ to be paid by the said Railway Company according to the provisions of the said " Lands Clauses Consolidation Act, 1845." In witness whereof I have hereunto set my hand and seal, and the jurors aforesaid have hereunto set their hands and seals, the day and year first above written. No 30. — A more special Form of Inquisition, Verdict and Judgment. shire, ( An inquisition, verdict and judgment had, taken to wit. S and given at the house of, &c, such house not being more than eight miles distant from the lands hereinafter men- tioned, on the day of a.d. 18 before me, W. P»., esquire, sheriff of the county of pursuant to an Act of Parlia- ment, intituled, &c. [insert title of special Act], on the oaths of Henry Pitt, &c. [naming the jurors'], indifferent persons, duly qualified to act as common jurymen in the superior courts, here duly impanelled, summoned and returned by me the said sheriff, in pursuance of and in obedience to a warrant made and issued under the common seal of the railway company to me directed and delivered and hereunto annexed, which said warrant was received by me not less than fourteen nor more than twenty-one days before the said day of [the day appointed for the in- FORMS OF PROCEEDINGS. 257 quiry] ; notice in writing having been heretofore duly given to A. B., C. D., &c, by the said company according to the said Act, that the lands, tenements and hereditaments hereinafter mentioned were required to be taken and used for the purposes of the said Act, and that the said company were willing to treat for the pur- chase thereof and for the purchase of the estate, share, right, interest or charge of the said A. B., C. D., &c, in, upon or affecting the same, or which by the said Act they were enabled to sell, convey or release, and as to the compensation to be made to them for the damage that might be sustained by them by reason of the execution of the said railway works, and they, the said A. B., C. D., &c, not having within the space of twenty- one days and more after the giving of such notice agreed with the said company as to the amount of the compensation to be paid by the said company for the purchase of the said lands, tenements and hereditaments or for the purchase of the estate, share, right, charge or interest in, upon or affecting the same, of them the said A. B. and C. D. therein, or which by the said Act they were enabled to sell, release and convey, and as to the amount of compensation to be paid for any damage which might be sustained by them the said A. B. and C. D., &c, by reason of the execution of the said railway works [or " and the said A. B. and C. D., &c, having failed for twenty- one days after the service of such notice to state the particulars of their claims in respect of such lands, tenements and heredita- ments, and to treat with the said company in respect thereof"], and notice in writing having been heretofore duly given to the said A. B. and C. D., &c, by the said company, according to the provisions of the said Act, ten days and more before the issuing of the said warrant, of the intention of the said company to issue their warrant, directed to me the said sheriff, to cause a jury to be summoned to inquire of and assess the amount of the purchase- money and compensation to be paid by the said company as afore- said to the said A. B. and C. D., for the purchase of the said lands, tenements and hereditaments, and in respect of their said estate, share, right, charge or interest -therein as aforesaid, and also of the sum of money which they the said company were willing to give for the purchase of the said lands, tenements and heredita- ments, and the interest of them the said A. B. and C. D., &c, in such lands, tenements and hereditaments, and for the damage to be sustained by them by the execution of the said railway works ; and notices in writing having been also duly given ten days and more before the said day of [the date of holding the inquisition}, to the said A. B. and C. D.,&c, of the time and place of holding this inquiry, which said H. Pitt, &c. [naming the jurors} being duly sworn to inquire of and concerning the matters men- tioned in the said warrant, and therebv directed to be inquired of, assessed and ascertained by them in manner therein mentioned, and the said A. B., &c, by their counsel, having at the time and 258 APPENDIX. place aforesaid appeared before me and the said jurors, and having produced evidence before me and the said jurors touching the matter in question ; and the said company named in the said warrant having also by their counsel appeared, at the time and place aforesaid, before me and the said jurors, but having declined to produce any evidence : The said jurors aforesaid upon their oath aforesaid say that they do assess and give a verdict for the sum of £, to be paid to the said A. B. and C. D., &c, by the said company for the absolute purchase in fee-simple in possession, free from incumbrances, of all those pieces or parcels of land, &c, [describing the premises by referring to a schedule or otherwise. ,] and also for the purchase of all and every the estate, right, share, in- terest or charge of them the said A, B., C. D., &c, each and every of them, in, upon or affecting the said lands, tenements and here- ditaments, or any part or parcel thereof, or which they, the said A. B. and C. D., &c, or any or either of them, are or is by the said Act enabled to sell, convey or release ; and also as and for compensation for all damage sustained by the said A. B., C. D., &c, any or either of them, by reason of the execution of the said rail- way works, or by the exercise as regards such lands, tenements and hereditaments, of the powers of the said Act vested in the said company. \_lf the lands are to be severed add the following : — except only compensation for the damage to be sustained by the said A. B., C. D., &c, by reason of the severing of the said lands, tenements and hereditaments from the other lands of the said A. B., C. D., &c, or otherwise injuriously affecting such other lands by the exercise of the said powers.] And the said jurors do, in like manner, upon their oath as aforesaid, assess and give a verdict for the further sum of to be paid to the said A. B., C. D., &c, by the company by way of compensation for the damage to be sustained by them, by reason of the severing of the said lands, tenements and hereditaments from the other lands of them the said A. B., C. D., &c, or otherwise injuriously affecting such other lands by the exercise of the powers of the said Act. Whereupon I, the said sheriff, in pursuance of the said Act of Parliament, do pronounce and give judgment for the said purchase -money and compensation so assessed as aforesaid by the said jurors, amount- ing together to the sum of £ to be paid by the said com- pany to the said A. B. and C. D., &c. In witness whereof I, the said sheriff, have hereunto set my hand and the seal of my office, and the jurors aforesaid have here- unto set their hands and seals, the day and year above written. [L. s.] FORMS OF PROCEEDINGS. 259 No. 31. — Notice prior to Entering on Lands for Surveying, Taking Levels, fyc. The Railway Company. To of Sir, 18 . The Railway Company having, under and by virtue of "The Railway Act, 18 ," and "The Lands Clauses Consolidation Act, 1845," authority granted to them to enter upon your lands for the purpose of surveying, taking levels, probing or boring to ascertain the nature of the soil, and of setting out the line of the works, after giving not less than three nor more than fourteen days' notice to the owners or occupiers thereof, making compensation for any damage thereby occasioned : The said company do hereby give you notice that it is their intention, after the expiration of three days from the service of this notice, by their agents and workmen for the purposes hereinbefore referred to, or some of them, to enter upon your lands which adjoin or lie upon the line of the railway and other works by the said Act authorized to be made and maintained. By order of the directors, , Secretary. Offices of the Company, A copy of this notice served on the day of , on , by me No. 32. — Valuation by two Surveyors of Lands purchased or taken from Parties under Incapacity or Disability (8 # 9 Vict. c. 18, s. 9). "We the undersigned C. D. and E. F., of , the two sur- veyors who, by a nomination in writing, bearing date the day of last, were nominated, I the said C. D., by and on behalf of the Railway Company, and I the said E. F., by and on behalf of A. B., of , the [state interest of claimant in lands'] of the lands hereinafter described, to determine by our valuation the purchase-money or compensation to be paid by the said company for and in respect of the pieces or parcels of land hereinafter described in the schedule hereunder written, do de- clare that we, the said C. D. and E. F., having made our valu- ation of the said lands, are of opinion, and accordingly by this our valuation in writing determine, that the sum of '£ sterling is the value, and shall be paid by the said company for [state nature of interest taken or of injury to lands'] : And we do declare that this our valuation is correct. In witness, &c. The Schedule above referred to. 260 APPENDIX. No. 33. — Nomination, Valuation and Declaration of Surveyors under Section 9 of " Lands Clauses Act, 1845." Whereas by an Act passed in the years of the reign of her present Majesty and authorized to be cited by the short title of " The Act," in which Act is incorporated " The Lands Clauses Consolidation Act, 1845," the Railway Company was established and incorporated, and it is by the same Act enacted that, subject to the provisions therein, and in the Acts therein recited, contained, it should be lawful for the said company to make and maintain the said railway, and to enter upon, take and use such of the said lands as should be necesary for such purpose ; and whereas the said Railway Company have taken and require to purchase for the purposes of their said railway all piece or parcel of land and hereditaments situate in the parish of , in the county of , which said piece or parcel of land and hereditaments, parcel of the close or piece of land delineated in the combined plans or books of reference of the said company deposited with the clerk of the peace for the county of , in the month of , 186 , and therein numbered in the said parish of , and have given notice to of their intention to purchase the same piece or parcel of land and here- ditaments ; and whereas the said being under legal dis- ability as , unable to sell and convey the same piece or parcel of land except under the powers and provisions in that behalf contained in the said " Lands Clauses Consolidation Act, 1845;" and whereas the purchase-money and compensation to be paid by the said company for the said piece or parcel of land and hereditaments have not been determined by the verdict of a jury, or by arbitration, or by a surveyor appointed by the Board of I'rade under the provisions contained in the 30 & 31 Victoria, c. 127, s. 36: Now therefore, in pursuance of the provisions and directions contained in the said in this behalf ; and in order that the purchase-money and other compensation to be paid by the said company for the said piece or parcel of land and here- ditaments so required by the said company for the purpose of the said undertaking, may be fixed and determined in the manner provided by the said Act : The said as such , and en- titled for the time being to the rents and profits of the said piece or parcel of land and hereditaments, Doth hereby nominate and appoint of , an able practical surveyor, to be the sur- veyor on behalf, and for the purposes aforesaid : And the said Railway Company Do hereby nominate and appoint of , in the county of , an able practical surveyor, to be the surveyor on behalf of the said company, which said surveyors are nominated for the purpose of determining the pur- chase-money and compensation to be paid by the said company FORMS OF PROCEEDINGS. 261 for the purchase by them in fee-simple in possession, and free from all incumbrances, of the said piece or parcel of land and hereditaments, with the appurtenances thereto belonging, and the mines and minerals thereunder, and also the compensation money (if any) to be paid by the said company for all damage or injury to be occasioned to the adjoining lands or property of the said and other the persons entitled to the said adjoining lands or property by severance, or the formation of the said rail- way, or the execution of the works thereof, or otherwise, to be sustained by the said and other the persons entitled to the said lands or property by reason of the exercise of the powers of the said " Railway Act, 18 ," and the Acts incorporated therewith. In witness whereof, the said hereunto set hand and seal, and as secretary for and on behalf of the said Railway Company, hath hereunto set his hand and seal this day of 186 . Signed, sealed and delivered by^ the above-named in the > presence of y Signed, sealed and delivered by ^ the above-named in the > presence of j In pursuance of the foregoing nomination and appointment, we, the said and , having agreed in our valuation, do hereby determine the sum of £ to be the purchase-money to be paid by the said company in respect of the purchase of the piece or parcel of land and hereditaments mentioned in the before written nomination or appointment in fee-simple in possession, and free from all incumbrances, and £ to be the amount of compensation to be paid by the said company in respect of all damage or injury to be occasioned to the adjoining lands or pro- perty of the said or other the persons entitled to the said adjoining lands or property by severance, or the execution of the works of the said railway or otherwise howsoever, to be sustained by the said or other the persons entitled to the said adjoin- ing lands or property by reason of the exercise of the powers of the said Railway Act, 18 , and the Acts incorporated there- Avith ; and to this our valuation have annexed a declaration in writing, subscribed by us, of the correctness thereof, as required by the said Lands Clauses Consolidation Act, 1845. As witness our hands this day of , 186 . Witness to the signature of the said Witness to the signature of the said Whereas and the Railway Company, in pursuance of the powers and provisions of the Lands Clauses Consolidation 262 APPENDIX. Act, 1845, by writing under the hands and seals of the said and , bearing date the day of , 186 , hereunto annexed, did nominate us, the undersigned and , being able practical surveyors, to determine the purchase-money and compensation to be paid by the said Railway Company for and in respect of a certain piece or parcel of land and heredita- ments situate in the parish of , in the county of , which are mentioned in the said nomination and appointment, and re- quired to be purchased and permanently used for the purposes of the said company, and which piece or parcel of land and here- ditaments the said being under legal disability is unable to sell and convey except under the powers and provisions of the said Lands Clauses Consolidation Act, 1845 : Now, we the said and , having had regard not only to the value of the said piece or parcel of land and hereditaments so required to be purchased and taken by the said Railway Company, but also to the damage and injury which will be occasioned to the adjoining lands and property of the said , or other the persons entitled to the said adjoining lands and property by severance, or the execution of the works of the said railway or otherwise howsoever to be sustained by the said or other the persons aforesaid by reason of the exercise of the powers of the said Railway Act, 18 , or any Act incorporated there- with, by this declaration in writing subscribed by us and annexed to our valuation of the said land and hereditaments, do declare the correctness of the said valuation hereunto annexed. Declared and subscribed by the said ") the day of > 186 , in the presence of j Declared and subscribed by the said ^ the day of > 186 , in the presence of j No. 34. — Notice to produce Documents under Section 122 of Lands Clauses Act, 1845. In pursuance of the provisions of the Railway Act, 18 , and of the Lands Clauses Consolidation Act, 1845, and particularly in accordance with the requirements of § 122 of the said last- mentioned act, the Railway Company hereby give you notice, that they require you, before the expiration of twenty-one davs next after the service hereof, to produce to the said company the instrument or instruments (or the best evidence thereof in your power) by which you propose to establish your title to the lands FORMS OF PROCEEDINGS. 263 and hereditaments described in a certain notice to treat, dated the day of , 18 , served on you by the said Railway Company, and particularly certain referred to in the claim made on behalf of on the day of ,18 ^against the said Railway Company; and, take notice, that in default of such production within the time aforesaid, you will be consi- dered only as a tenant holding from year to year, and be entitled to compensation accordingly. Dated this day of , 186 . Secretary to the said Railway Company. No. 35. — Company's Bond, with two Sureties on Payment, of Money into Bank before entering upon Lands under Section 85. Know all men by these presents, that " The and Railway Committee," nominated and appointed under and by virtue of the provisions of " The and Railway Act 186 ," and A. B., of No. , Street, in the city of in the county of esquire, and C. D., of in the county of esquire (which said A. B. and C. D. are two sureties for the said committee), are held and firmly bound to E. F., of in the county of estate agent, and G. H., of in the county of in the sum of £ sterling, to be paid to the said E. F, and G. H., or their certain attorney, executors, admi- nistrators or assigns, for which payment to be well and truly made the said committee bind themselves and their successors, and the said A. B. and C. D. also bind themselves and each of them, and the several and respective heirs, executors and admi- nistrators of them and each of them, firmly by these presents, under the respective hands and sealed with the respective seals of of in the county of esquire (the chairman of the meeting of the said committee at which these presents are signed and sealed), and of in the county of esquire, and of in the county of merchant (two other members of the said committee present at such meeting), and of the said A. B. and C. D. Dated the day of , 186 . "Whereas, by the said " and Railway Act, 186 ," it is enacted (amongst other things), that it shall be lawful for the committee to be appointed as therein is mentioned (subject to the provisions contained in the Acts and parts of Act incorporated in the first-mentioned Act, which incorporated Acts and parts of Act are "The Lands Clauses Consolidation Act, 1845," "The 264 APPENDIX. Lands Clauses Consolidation Act Amendment Act, 18G0," " The Railway Clauses Consolidation Act, 1845," and parts of "The Companies Clauses Consolidation Act, 1845,") to make and main- tain a railway from to with all proper works, approaches and stations on the line and upon the lands, and according to levels delineated and described in the plans and sections and books of reference deposited with the clerk of the peace for at and with the clerk of the peace for the borough of at in the first-mentioned Act respectively referred to : And by the same Act it is also enacted, that the said committee may enter upon, take and use such of the said lands as shall be necessary for such purposes, provided that all lands pur- chased for the purposes of the same Act shall be so purchased in the names of " The and Railway Company" and " Railway Company" jointly, and shall, together with the railway and works when constructed, vest in the two companies in equal undivided moieties : And whereas, in order to the con- struction of the said railway, the piece or parcel of land herein- after particularly described is required to be purchased by the said committee, in the name of and so as to be vested in the said two companies, and to be entered upon, taken and used by the said committee for the purposes and under the provisions of the first-mentioned Act and of the said Acts and parts of Act of Par- liament therewith incorporated, or some or one of them : And whereas, by the said Lands Clauses Consolidation Act, 1845, it is (amongst other things) enacted, that, when the promoters of the undertaking should require to purchase or take any of the lands which by the reciting Act or the Special Act or any Act incorporated therewith they were authorized to purchase or take, they should give notice thereof to all the parties interested in such lands, or to the parties enabled by the reciting Act to sell and convey or release the same, or such of the said parties as should after diligent inquiry be known to the promoters of the undertaking, and by such notice should demand from such parties the particulars of their estates and interests in such lands and of the claims made by them in respect thereof, and that every such notice should state the particulars of the lands so required, and that the promoters of the undertaking were willing to treat for the purchase thereof and as to the compensation to be made to all parties for the damage that might be sustained by them by reason of the execution of the works: And it is by the same Act also enacted, that the purchase-money or compensation to be paid for any lands to be purchased or taken by the promoters of the undertaking from any party who, by reason of absence from the kingdom, was prevented from treating, or who could not, after diligent inquiry, be found, or who should not appear at the time appointed for the inquiry before the jury, as therein provided for, after due notice thereof, and the compensation to be paid for any FOKMS OF PROCEEDINGS. 265 permanent injury to such lands, should be such as should be de- termined by the valuation of such able practical surveyor as two justices should nominate for that purpose, as therein and next hereinafter mentioned : And it is thereby further enacted, that upon application by the promoters of the undertaking to two justices, and upon such proof as should be satisfactory to them, that any such party was, by reason of absence from the kingdom, prevented from treating, or could not, after diligent inquiry, be found, or that any such party failed to appear on such inquiry before a jury as aforesaid, after due notice to him for that pur- pose, such justices should, by writing under their hands, nominate an able practical surveyor for determining such compensation as aforesaid, and such surveyor should determine the same accord- ingly, and should annex to his valuation a declaration in writing, subscribed by him, of the correctness thereof: And by the same Act it was further enacted, that the promoters of the undertak- ing should not, except by consent of the owners and occupiers, enter upon any lands which should be required to be pur- chased or permanently used for the purposes and under the powers of the said reciting Act or the Special Act until they should either have paid to every party having any interest in such lands, or deposited in the bank, in the manner therein mentioned, the purchase-money or compensation agreed or awarded to be paid to such parties respectively for their re- spective interest therein : And it is further enacted and provided, that if the promoters of the undertaking should be desirous of entering upon and using any such lands before an agreement should have been come to or an award made or verdict given for the purchase-money or compensation to be paid by them in re- spect of such lands, it should be lawful for the promoters of the undertaking to deposit in the bank, by way of security as herein- after mentioned, either the amount of purchase-money or com- pensation claimed by any party interested in or entitled to sell and convey such lands, and who should not consent to such entry, or such a sum as should by a surveyor, appointed by two justices in the manner therein provided in the case of parties who could not be found, be determined to be the value of such lands or of the interest therein which such party was entitled to or enabled to sell and convey, and also to give to such party a bond, under the common seal of the promoters, if they were a corporation, or if they were not a corporation under the hands and seals of the said promoters, or any two of them, with two sufficient sureties, in a penal sum equal to the sum so to be deposited, conditioned for the payment to such party or for deposit in the bank for the benefit of the parties interested in such lands, as the case might require, under the provisions therein contained, of all such purchase-money or compensation as might, in manner thereinbe- fore provided, be determined to be payable by the promoters of I. N 266 APPENDIX. the undertaking in respect of the land so entered upon, together with interest thereon at the rate of rive pounds per centum per annum from the time of entering upon such lands until such pur- chase-money or compensation should be paid to such party, or deposited in the bank for the benefit of the parties interested in such lands under the provisions therein contained, and upon such deposit, by way of security, being made as aforesaid, and such bond being delivered or tendered to such non-consenting party as aforesaid, it should be lawful for the promoters of the undertaking to enter upon and use such lands without having first paid or de- posited the purchase-money or compensation in other cases re- quired to be paid or deposited by them before entering upon any lands to be taken by them under the provisions of the said Act now in recital or the Special Act : And it is further enacted, that if any lands, not being situate in a town or built upon, should be so cut through and divided by the works as to leave either on both sides or on one side thereof a less quantity of land than half a statute acre, and if the owner of such small parcel of land required the promoters of the undertaking to purchase the same along with the other land required for the purposes of the Special Act, the promoters of the undertaking should purchase the same accordingly: And whereas such notice in writing, as is directed by the said last-recited Act, and bearing date the day of now last past, was duly given to the said E. F. and G. H., that the said " and Railway Committee" required to purchase in the name of and so as to be vested in the said two companies, and to enter upon, take and use for the purposes and under the provisions of the said and Railway Act, 186 and of the Acts of Parliament and portions of Act of Par- liament therewith incorporated, or some or one of them, all that piece or parcel of land containing by admeasurement be the same more or less, situate in the parish of in the county of which said piece or parcel of land is delineated and more particularly described in the plan annexed to the said notice, and therein coloured red, and delineated and referred to by the numbers and in the said parish of in the maps or plans and books of reference relating to the same railway and works so deposited as aforesaid, together with the appurtenances, except such mines of coal, ironstone, slate or other minerals, as under the provisions of the said Acts, or any of them, the said com- mittee or companies were not entitled to without being expressly purchased and conveyed ; and the said committee, by the said notice, demanded of the said E. F. and G. H., and each of them, the particulars and the nature and extent of their respective estates and interests in the said land, and of the claims made or the amount of compensation demanded by them, and each of them, in respect thereof ; and by the said notice in writing the said committee gave the said E. F. and Gr. H. notice that they (the FORMS OF PROCEEDINGS. 267 said committee) were willing to treat for the purchase of the said land, and as to the compensation to be made for the damage that might be sustained by them, and each of them the said E. F. and G. H., by reason of the execution of the works for which the said land was so required as aforesaid, or of the exercise as regarded such land or works of the powers conferred by the said Acts, or such one or more of them as related thereto : And whereas the said E. F. and G. H. claim to be entitled to the said piece or parcel of land, and to certain other land adjoining thereto on the north and south sides respectively for an estate of inheritance in fee- simple as trustees under the last will of the late deceased : And whereas the lands to which the said E. F. and G. H. claim to be so entitled as aforesaid, not being situate in a town, or built upon, will be so cut through and divided by the works as to leave on the north side thereof a less quantity of land than one-half a statute acre : And whereas the said E. F. and G. H. have required the said committee to purchase such divided portion along with the other land required by them : And whereas the piece or parcel of land comprised in the said notice is coloured red in the plan annexed to the nomination hereinafter recited, and the said divided parcel of land is coloured blue in the last-mentioned plan, and contain together one rood and twelve perches of the measure aforesaid : And whereas no agreement has been come to between the said committee and the said E. F. and G. H., or any award made or verdict given for the purchase-money or compensation to be paid by the said committee in respect of the said last-men- tioned lands ; and the said committee are desirous of entering upon and using such lands before an agreement is come to or an award made or verdict given for the purchase-money or compen- sation to be paid by them in respect of such lands : And whereas by an instrument in writing bearing date the day of last under the hands of of in the county of esquire, and of in the same, esquire, two of her Majesty's justices of the peace for the said county of the said and as such justices of the peace as aforesaid, did, pursuant to and in exercise of the power or authority for that purpose given to them by the aforesaid Acts, or one of them, and of every other power or authority them thereunto enabling in that behalf, nominate and appoint of in the county of an able practical surveyor, to determine the value of the land described in the Schedule thereunder written, and which comprises the said land particularly described or referred to in the herein- before recited notice and the said divided land : And whereas the said , having previously duly made and subscribed the de- claration required by the said Lands Clauses Consolidation Act, 1845, in that behalf, did by writing under his hand bearing date on or about the day of 186 determine the value of the said last-mentioned lands, amounting to the sum of : n2 268 APPENDIX. And whereas the said committee intend, immediately after the date and execution of the above-written bond, to pay into the Bank of England, by way of deposit and security under the provisions hereinbefore recited or referred to, the said sum of in the name and with the privity of the accountant-general of the Court of Chancery to his account there, to the credit of the said E. F. and G. H., trustees under the will of the late deceased, and subject to the control and disposition of the said Court: Now the condition of the above-written bond or obligation is such, that if the above-bounden committee shall well and truly pay, or cause to be paid unto the said E. F. and G. H., or deposit in the bank, for the benefit of the parties interested in such lands, as the case may require, under the provisions contained in the said Lands Clauses Consolidation Act, 1845, all such purchase or compen- sation as may in manner in the same Act provided be determined to be payable by the said committee in respect of the lands so entered upon, together with interest thereon at the rate of five per centum per annum from the time of entering on such lands until such purchase-money or compensation shall be paid to the said E. F. and G. H., or deposited in the bank for the benefit of the parties interested in such lands under the provisions in the said last-mentioned Act contained, then the above-written bond or obligation shall be void and of no effect, otherwise the same shall be and remain in full force and virtue. (L.S.) (L.S.) (L.S.) (L.S.) (L.S.) Signed, sealed and delivered at a meeting of " The and Railway Committee " held on the day of 186 by one of the members of the said committee, the chairman of the said meeting, and by and two other members of the said committee present at such meeting, in the presence of solicitor. Signed, sealed and delivered by the said A. B. in the pre- sence of Signed, sealed and delivered by the said C. D., in the presence of assistant secretary Railway, London. Notice to the Claimants of the Money having been paid into the Bank. To Messrs. E. F. and G. H. Take notice, that the Railway Committee, nominated and appointed under and by virtue of the provisions of " The FORMS OF PROCEEDINGS. 269 and Railway Act, 186 ," have this day paid into the Bank of England by way of deposit and security in the name and with the privity of the accountant-general of the Court of Chancery to his account there to your credit as trustees under the will of the late , deceased, and subject to the control and disposition of the said Court, the sum of the amount of the valuation re- ferred to in the bond hereunto annexed, and that the following is a copy of the receipt of the cashier of the said bank. No. 7601. London, the 186 . Received, pursuant to " The Lands Clauses Consolidation Act, 1845," and " The and Railway Act, 186 ," of the and Railway Committee, the sum of by way of security, which money is placed to the account of William Russell, esquire, as accountant-general of the Court of Chancery, and to the credit of E. F. and G. H., trustees under the will of the late deceased, in the books kept at the bank for the suitors of the said Court of Chancery. £ . For the Governor and Company of the Bank of England, Entd . A. B. Dated this day of 186 . J. R., Solicitor to the said Committee. No. 36. — Notice required to be given by the Company three Weeks before Lands are entered upon for tem- porary Occupation. The railway company, incorporated by virtue of an Act, intituled [insert the title of the Special Act], hereby give you, and each and every of you, notice, that, under the provisions of the said Act, the temporary possession of certain pieces or parcels of land, called situate in the parish of in the county of containing by estimation a. r. p., or thereabouts, which said pieces or parcels of land are more particularly de- lineated and described in the plan and schedule hereunto an- nexed, is required by the said company for the purpose of carry- ing into execution the purposes of the said Act : And further take notice,* that they the said company intend, at the expiration of three weeks from the service upon you of this notice, to occupy the said lands so long as may be necessary for the construction [or " repair"] of the said railway, and the accommodation works connected therewith, and to use the same as they are authorized in that behalf by the said Act or otherwise ; that is to say, for the purpose of taking earth or soil by side cuttings therefrom [or " for the purpose of depositing soil thereon," or " for the pur- pose of obtaining materials therefrom for the construction" or " repair of the said railway and accommodation works," as the 270 APPENDIX. case may be]: And in pursuance of the directions contained in the said railway x\ct, and a certain Act incorporated therewith, intituled " The Railways Clauses Consolidation Act, 1845," you, and each and every of you, are hereby informed, that by sections 39, 42, 43 and 44 of the said last-mentioned Act the following provisions are made respecting the right of the owners and occu- piers of land, whereof temporary occupation is required, to re- quire the company to purchase any such lands, or to receive compensation for the temporary occupation thereof; that is to say, by section 39 [here the foregoing sections may be given at length, or the substance only may be stated]. Witness our hands, this day of in the year of our Lord 186 . A. B., > Directors of the said railway C. D., S company. [Or E. F., treasurer or "secretary" of the said railway company.] No. 37 — Notice required to be given by the Company ten Days before Lands are temporarily occupied. The Railway Company, incorporated, &c. [as in the fore- going notice down to the asterisk, then proceed as fallows'], that they the said company intend, at the expiration of ten days from the service upon you of this notice, to occupy the said lands so long as may be necessary for the construction [or " repair"] of the said railway, and the accommodation works connected therewith, and to use the same as they are authorized in that behalf by the said Act or otherwise, for the purpose of, &c. [here insert any special purpose requiring only ten days' notice, see sect. 33]: And in pursu- ance of the directions contained in the said Act, and in a certain Act incorporated therewith, intituled " The Railways Clauses Con- solidation Act, 1845," you, and each and every of you, are hereby informed, that by sects. 39, 43 and 44 of the said last-mentioned Act the following provisions are made respecting the right of the owners and occupiers of lands to demand and receive compensa- tion in all cases where temporary possession of lands for the pur- poses aforesaid shall be taken by the company by virtue of the powers in the hereinbefore-mentioned Act or Acts contained ; that is to say, by sect. 39 [here the foregoing sections may be given at length, or the substance only may be stated]. "Witness our hands, this day of in the year of our Lord 186 . A. B., ^ Directors of the said railway C. D., S company. [Or E. F., treasurer or " secretary" of the said railway company.] FORMS OF PROCEEDINGS. 271 No. 38. — Summons to Claimant to appear before Two Justices to have Amount of Compensation settled. } "Whereas of No. street, in the city of to wit. ji a person duly authorized in this behalf by " The and Railway Company," hath this day appeared before us, two of her Majesty's justices of the peace sitting at the at in the county of and gave us to understand and be informed — That the Company are desirous of entering upon and using certain land, hereditaments and premises situate in the parish of in the county of specified and described in the schedule hereunder written, being a part or parts of the pieces of land, hereditaments and premises particularly referred to in the map or plan and book of reference of the said railway deposited in the office of the clerk of the peace for the said county, and designated by the number in such map or plan and book of reference respectively, and that the said land, hereditaments and premises are required to be purchased and permanently used for the purposes of the said railway, and belong to or are reputed to belong to or be held and occupied in the whole or in part by of in the said parish of as tenant thereof : That the said company on the day of 186 gave their notice to the said of their desire and intention to take the said land, hereditaments and premises, and of their willingness to treat with her for the purchase thereof or of her interest therein: That no agreement has yet been come to as to the amount of the pur- chase-money or compensation to be paid by the said company in respect of the said land, hereditaments and premises, or the interest of the said therein: And that the said company were the promoters of the said undertaking, and were desirous of having the amount of such purchase-money and compensation payable by them as aforesaid determined as prescribed and provided by " The Lands Clauses Consolidation Act, 1845:" And therefore, on behalf of and by the authority of the said company, the said has applied to and requested us, who are not interested in the matter, to summon the said to appear before such two of her Majesty's justices of the peace for the said county as shall be present at the Petty Session Court at to hear and determine such question of disputed compensation, in manner provided by the said Lands Clauses < 'onsolidation Act, 1845 : These are there- fore to require you the above-named to appear personally before such two justices of the peace for the said county as shall be then and there assembled on the day of next, at the hour of in the forenoon, at the at in the county of at which time and place the said justices will proceed to hear and determine the said question of disputed com- 272 APPENDIX. pensation between you and the said company in pursuance of the said last-mentioned Act. Herein fail not. Given under my hand and seal this day of The Schedule above referred to. 186 Parish or Place and County in which the Lands and Heredita- ments required are situate. No. on Plan and in Book of Reference deposited with the Clerk of the Peace of the County of . Description of Lands and Hereditaments required. Quantity. N.B. — In case you shall fail to appear in answer to the said summons, it will be lawful for the said justices, on proof of due service thereof, to hear and determine the said question of disputed compensation in your absence. No. 39. — Information to determine Compensation payable to Tenant under the \2\st Section of the Lands Clauses Consolidation Act, 1845. Middlesex \ Be it remembered that on the day of , to wit. \ 186 , at the police court, in the county of Middlesex, before me, , esquire, one of the metropolitan police magis- trates sitting at the police court aforesaid, comes , for , a person duly authorized in this behalf by the Railway Company, and gives me to understand and be informed — That the company are desirous of entering upon and using a certain house and premises situate in the parish of , in the county of Middlesex, being a part or parts of the pieces of land, heredita- ments and premises particularly referred to in the combined plans and books of reference of the said company deposited with the clerk of the peace for the said county, in the month of , 186 , and numbered in such plans and books of reference respectively, and that the said house and premises are required to be purchased and permanently used for the purposes of the said company, and belong to, or are reputed to belong to, or be held and occupied in the whole or in part by as tenant thereof [for a year, or] from year to year, or some lesser interest : That no agreement has yet been come to as to the amount of the pur- chase-money or compensation to be paid by the said company in respect of the said premises or the interest of the said therein : And that the said company are the promoters of the said FORMS OF PROCEEDINGS. 273 undertaking, and are desirous of having the amount of such pur- chase-money and compensation payable by them as aforesaid determined as provided by the Lands Clauses Consolidation Act, 1845 : And therefore, on behalf of and by the authority of the said company, the said , for the said , has applied to and requested me, who am not interested in the matter, to summon the said to appear before me, that I may hear and determine such question of disputed compensation in manner provided by the said Lands Clauses Consolidation Act, 1845. Taken before me at the time and place first above-men- tioned. The Schedule hereinbefore referred to. Parish or Place and County in which the Lands and Heredita- ments required are situate. Number in combined Plans and Books of Reference deposited with the Clerk of the Peace for the County of Middlesex, in the Month of , 186 . Description of Lands and Hereditaments required. When the matter is before two justices the form should be: " Two of her Majesty's justices of the peace acting in and for the county of , in petty sessions assembled." No. 40. — Summons to settle Claim of Yearly Tenant. To Middlesex > Whereas of , , a person duly au- to wit. S thorized in this behalf by the Railway Company, hath this day appeared before me the undersigned, one of the metropolitan police magistrates sitting at the police court in the county of Middlesex, and hath given me to understand and be informed — That the company are desirous of entering upon and using a certain situate in the parish of in the county of Middlesex, specified and described in the schedule here- under written, being a part or parts of the pieces of land, here- ditaments and premises, particularly referred to in the combined plans and books of reference of the said company, deposited with the clerk of the peace for the said county, in the month of , 186 , and numbered in the said parish in such plans and books of reference respectively so far as regards lands in the said parish : That the said premises are required to be purchased and permanently used for the purposes of the said company, and K 5 274 APPENDIX. belong to or are reputed to belong to or be held and occupied in the whole or part by of the said parish of , as tenant thereof [for a year, or] from year to year : That the said com- pany have given due notice to the said of their desire and intention to take the said premises, and of their willingness to treat with him for the purchase thereof or of his interest therein : That no agreement had yet been come to as to the amount of the purchase-money or compensation to be paid by the said company in respect of the said premises, or the interest of the said therein : And that the said company were the promoters of the said undertaking, and were desirous of having the amount of such purchase-money and compensation payable by them as aforesaid determined pursuant to the provisions of the Lands Clauses Con- solidation Act, 1845 : And therefore, on behalf of and by the authority of the said company, the said has applied to and requested me, who am not interested in the matter, to summon the said to appear before me or such other metropolitan police magistrate as shall then and there attend to hear and determine such question of disputed compensation in manner provided by the said Lands Clauses Consolidation Act, 1845 : These are therefore to require you, the above-named , to appear personally before such metropolitan police magistrate as shall be then and there present on the day of next, at the hour of in the forenoon, at the police court aforesaid, at which time and place the said metropolitan police magistrate will proceed to hear and determine the said question of disputed com- pensation between you and the said company, in pursuance of the said last-mentioned Act. Herein fail not. Given under my hand and seal this day of 186 . The Schedule above referred to. Parish or Place and County in which the Lands and Heredita- ments required are situate. Number in combined Plans and Books of Reference deposited with the Clerk of the Peace for the County of Middlesex, in the Month of , 186 . Description of Lands and Hereditaments required. N.B. — In case you shall fail to appear in answer to the said sum- mons, it will be lawful for the said metropolitan police magistrate, on proof of due service thereof, to hear and determine the said question of disputed compensation in your absence. ( 275 ) STATUTES. 8 Vict. c. 18. An Act for Consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature. [8th May, 1845.] Whereas it is expedient to comprise in one general Act sundry provisions usually introduced into Acts of Parliament relative to the acquisition of lands required for undertakings or works of a public nature, and to the compensation to be made for the same, and tbat as well for the purpose of avoid- ing the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves: May it there- fore please your Majesty that it may be enacted; and be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That this Act shall apply to every Act to apply undertaking authorized by any Act which shall hereafter be to all under- passed, and which shall authorize the purchase or taking of takln ? s a «- lands for such undertaking, and this Act shall be incorporated Actehere- 7 with such Act; and all the clauses and provisions of this after to be Act, save so far as they shall be expressly varied or excepted passed. by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such under- taking, 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. And with respect to the construction of this Act, and of Interpreta- Acts to be incorporated therewith, be it enacted as follows: tions in this 2. The expression " the Special Act," used in this Act, „ : shall be construed to mean any Act which shall be hereafter A g t pe " ial 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 "prescribed:" 276 appendix. — 8 Vict. c. 18. " promoters of the under- taking." Interpreta- tions in this and the Spe- cial Act : gender : " lands :" " lease :" " month :" " superior courts :" " oath :" " county :" " the clerk of the peace:' "justices :" 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 ex- pression " 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 what- ever nature, which shall by the Special Act be authorized to be executed ; and the expression " the promoters of the under- taking" shall mean the parties, whether company, under- takers, commissioners, trustees, corporations, or private per- sons, by the Special Act empowered to execute such works or undertaking. 3. 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,) Words importing the singular number only shall include the plural number, and words importing the plural num- ber only shall include the singular number: Words importing the masculine gender only shall include females : The word " lands" shall extend to messuages, lands, tene- ments, and hereditaments of any tenure : The word "lease" shall include an agreement for a lease: The word "month" shall mean calendar month: The expression "superior courts "shall mean her Majesty's superior courts of record at Westminster or Dublin, as the case may require: The word "oath" shall include affirmation in the case of Quakers, or other declaration lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath : 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 word " sheriff ' ' shall include under-sheriff, or other legally competent deputy ; and where any matter in rela- tion to any lands is required to be done by any sheriff, or by any clerk of the peace, the expression " the sheriff," or 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 he 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 : The word "justices" shall mean justices of the peace acting for the county, city, liberty, cinque port, or place LANDS CLAUSES CONSOLIDATION ACT. 277 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 county, city, borough, liberty, cinque port, or place, the same shall mean a justice acting for the county, city, borough, liberty, cinque port, 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" "two jus- shall be understood to mean two justices assembled and tices:" acting together: Where under the provisions of this or the Special Act, or « owner:" any Act incorporated therewith, any notice shall be re- quired 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 expression " the bank " shall mean the Bank of Eng- "the bonk :" land 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 situate in Ireland. 4. And be it enacted, that in citing this Act in other Acts Short title of of Parliament, and in legal instruments, it shall be sufficient tne Act - to use the expression " The Lands Clauses Consolidation Act, 1845." 5. And whereas it may be convenient in some cases to in- Form in corporate with Acts of Parliament hereafter to be passed which por- some portion only of the provisions of this Act: be it there- ^ ons oi ^? 1S fore enacted, That, for the purpose of making any such in- incorporated corporation, it shall be sufficient in any such Act to enact with other that the clauses of this Act with respect to the matter so Acts - proposed to be incorporated (describing such matter as it is described in this Act in the words introductory to the enact- ment 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 con- strued as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate. And with respect to the purchase of lands by agreement, Purchase of be it enacted as follows: Lands by 6. Subject to the provisions of this and the Special Act it Agreement - shall be lawful for the promoters of the undertaking to agree Power to 278 appendix. — 8 Vict. c. 18. purchase lands by agreement. Parties under disability enabled to sell and con- vey. Parties under disability to exercise other powers. with the owners of any lands by the Special Act authorized to be taken, and which shall be required for the purposes of such Act, and with all parties having any estate or interest in such lands, or by this or the Special Act enabled to sell and convey the same, for the absolute purchase, for a con- sideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever. 7. It shall be lawful for all parties, being seised, possessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey or release the same to the pro- moters of the undertaking, and to enter into all necessary agreements for that purpose; and particularly it shall be lawful for all or any of the following parties so seised, pos- sessed, or entitled as aforesaid so to sell, convey or release, (that is to say), all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years or any less in- terest; and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves, and their respective heirs, execu- tors, administrators and successors, but also for and on behalf of every person entitled in reversion, remainder or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of then- wards, and as to such com- mittees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics and idiots respectively could have exercised the same power under the authority of this or the Special Act if they had respectively been under no dis- ability, and as to such trustees, executors and administrators, on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert or other persons, and that to the same extent as such cestuique trusts respectively could have exercised the same powers under the authority of this and the Special Act if they had respectively been under no disability. 8. The power hereinafter given to enfranchise copyhold lands, as well as every other power required to be exercised by the lord of any manor pursuant to the provisions of this or the Special Act, or any Act incorporated therewith, and the power to release lands from any rent, charge or incum- brance, and to agree for the apportionment of any such rent, charge or incumbrance shall extend to and may lawfully be LANDS CLAUSES CONSOLIDATION ACT. 279 exercised by every party hereinbefore enabled to sell and convey or release lands to the promoters of the undertaking. 9. The purchase-money or compensation to be paid for any Amount of lands to be purchased or taken from any party under any oompensa- disability or incapacity, and not having power to sell or con- ^"parties vey such lands except under the provisions of this or the under disa- Special Act, and the compensation to be paid for any perma- bility to be nent damage or injury to any such lands, shall not, except ^y^'illation where the same shall have been determined by the verdict of an( j p a j C i j n t ' a jury, or by arbitration, or by the valuation of a surveyor the bank. appointed by two justices under the provision hereinafter contained, be less than shall be determined by the valuation of two able practical surveyors, one of whom shall be nomi- nated by the promoters of the undertaking, and the other by the oilier party, and if such two surveyors cannot agree in the valuation, then by such third surveyor as any two justices shall upon application of either party, after notice to the other party, for that purpose nominate ; and each of such two surveyors, if they agree, or if not then the surveyor nominated by the said justices, shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness thereof ; and all such purchase-money or com- pensation shall be deposited in the bank for the benefit of the parties interested, in manner hereinafter mentioned. 10. It shall be lawful for any person seised in fee of or Where ven- entitled to dispose of absolutely for his own benefit any lands f'*f'*°~ authorized to be purchased for the purposes of the Special titled, lands Act to sell and convey such lands or any part thereof unto may be sold the promoters of the undertaking, in consideration of an on cl "e£ annual rent-charge payable by the promoters of the under- ren s " taking, but, except as aforesaid, the consideration to be paid for the purchase of any such lands, or for any damage done thereto, shall be in a gross sum. 11. The yearly rents reserved by any such conveyance Payment of shall be charged on the tolls or rates, if any, payable under rents t0 be the Special Act, and shall be otherwise secured in such man- £^j secl on ner as shall be agreed between the parties, and shall be paid by the promoters of the undertaking as such rents become payable ; and if at any time any such rents be not paid within thirty days after they so become payable, and after demand thereof in writing, the person to whom any such rent shall be payable may either recover the same from the pro- moters of the undertaking, with costs of suit, by action of debt in any of the superior courts, or it shall be lawful for him to levy the same by distress of the goods and chattels of the promoters of the undertaking. 12. In case the promoters of the undertaking shall be em- Power to powered by the Special Act to purchase lands for extra- purchase ordinary purposes, it shall be lawful for all parties who, Jf u 7rnnr.".r under the provisions hereinbefore contained, would be en- additional abled to sell and convey lands, to sell and convey the lands accommoda- so authorized to be purchased for extraordinary purposes. tion " 13. It shall be lawful for the promoters of the undertaking Authority 280 appendix. — 8 Vict. c. 18. to sell and repurchase such lauds. Restraint on purchase from incapa- citated per- sons. Municipal corporations not to sell without the approbation of the trea- sury. Purchase of Lands otherwise THAN BY Agreement. Capital to be subscribed before com- pulsory powers of purchase put in force. A certificate of two jus- tices to be evidence that the capital has been sub- scribed. Notice of in- tention to take lands. to sell the lands which they shall have so acquired for extra- ordinary purposes, or any part thereof, in such manner, and for such considerations, and to such persons as the promoters of the undertaking may think fit, and again to purchase other lands for the like purposes, and afterwards sell the same, and so from time to time ; but the total quantity of land to be held at any one time by the promoters of the undertaking, for the purposes aforesaid, shall not exceed the prescribed quantity. H. The promoters of the undertaking shall not, by virtue of the power to purchase land for extraordinary purposes, purchase more than the prescribed quantity from any party under legal disability, or who would not be able to sell and convey such lands except under the powers of this and the Special Act ; and if the promoters of the undertaking pur- chase the said quantity of land from any party under such legal disability, and afterwards sell the whole or any part of the land so purchased, it shall not be lawful for any party being under legal disability to sell to the promoters of the undertaking any other lands in lieu of the land so sold or disposed of by them. 15. Nothing in this or the Special Act contained shall enable any municipal corporation to sell for the purposes of the Special Act, without the approbation of the commissioners of her Majesty's treasury of the united kingdom of Great Britain and Ireland, or any three of them, any lands which they could not have sold without such approbation before the passing of the Special Act, other than such lands as the company are by the powers of this or the Special Act em- powered to purchase or take compulsorily. And with respect to the purchase and taking of lands otherwise than by agreement, be it enacted as follows : 16. Where the undertaking is intended to be carried into effect by means of a capital to be subscribed by the pro- moters of the undertaking, the whole of the capital or esti- mated sum for defraying the expenses of the undertaking shall be subscribed under contract binding the parties there- to, their heirs, executors and administrators, for the payment of the several sums by them respectively subscribed, before it shall be lawful to put in force any of the powers of this or the Special Act, or any Act incorporated therewith, in rela- tion to the compulsory taking of land for the purposes of the undertaking. 17. A certificate under the hands of two justices, certify- ing that the whole of the prescribed sum has been subscribed, shall be sufficient evidence thereof, and on the application of the promoters of the undertaking, and the production of such evidence as such justices think proper and sufficient, such justices shall grant such certificate accordingly. 18. When the promoters of the undertaking shall require to purchase or take any of the lands which by this or the Special Act, or any Act incorporated therewith, they are LANDS CLAUSES CONSOLIDATION ACT. 281 authorized to purchase or take, they shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this Act to sell and convey or release the same, or such of the said parties as shall, after diligent inquiiy, be known to the promoters of the undertaking, and by such no- tice shall demand from such parties the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof ; and every such notice shall state the particulars of the lands so required, and that the pro- moters of the undertaking are willing to treat for the pur- chase thereof, and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works. 19. All notices required to be served by the promoters of service of the undertaking upon the parties interested in or entitled to notices ou sell any such lands shall either be served personally on such °""' ners and parties or left at their last usual place of abode, if any such lands. can after diligent inquiry be found, and in case any such parties shall be absent from the united kingdom, or cannot be found after diligent inquiry, shall also be left with the occupier of such lands, or if there be no such occupier, shall be affixed upon some conspicuous part of such land. 20. If any such party be a corporation aggregate, such Service of notice shall be left at the principal office of business of such notice on a corporation, or if no such office can after diligent inquiry be aggregate™ found, shall be served on some principal member, if any, of such corporation, and such notice shall also be left with the occupier of such lands, or if there be no such occupier, shall be affixed upon some conspicuous part of such lands. 21. If for twenty-one days after the service of such notice if parties any such party shall fail to state the particulars of his claim fai ! t0 trK:t ' in respect of any such land, or to treat with the promoters dispute 86 of the undertaking in respect thereof, or if such party and question to be the promoters of the undertaking shall not agree as to the settled as amount of the compensation to be paid by the promoters of ^onli" 6 "" the undertaking for the interest in such lands belonging to such party, or which he is by this or the Special Act enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation sEali be settled in the maimer hereinafter pro- vided for settling cases of disputed compensation. 22. If no agreement be come to between the promoters of Disputes as the undertaking and the owners of or parties by this Act t0 compen- enabled to sell and convey or release any lands taken or re- theamount" 6 quired for or injuriously affected by the execution of the claimed does undertaking, or any interest in such lands, as to the value of not exceed such lands or of any interest therein, or as to the compensa- 6( "■ , ". 5® tion to be made in respect thereof, and if in any such case t wo justices. the compensation claimed shall not exceed fifty pounds, the same shall be sett led by two justices. 23. If the compensation claimed or offered in any such Compcnsa- case shall exceed fifty pounds, and if the party claiming tion«cee assessed by such jury, and the verdict and judgment shall be signed by the sheriff, and being so signed shall be kept by the clerk of the peace among the records of the general or quarter sessions of the county in which the lands or any part thereof shall be situate in respect of which such purchase- money or compensation shall have have been awarded; and such verdicts and judgments shall be deemed records, and the same or true copies thereof shall be good evidence in all courts and elsewhere, and all persons may inspect the said verdicts and judgments, and may have copies thereof or extracts therefrom, on paying for each inspection thereof one shilling, and for every one hundred words copied or extracted therefrom sixpence, which copies or extracts the clerk of the peace is hereby required to make out, and to sign and certify the same to be true copies. 51. On every such inquiry before a jury, where the verdict Costs of the of the jury shall be given for a greater sum than the sum inquiry how previously offered by the promoters of the undertaking, all tu borne - the costs of such inquiry shall be borne by the promoters of the undertaking ; but if the verdict of the jury be given for the same or a less sum than the sum previously offered by the promoters of the undertaking, or if the owner of the lands shall have failed to appear at the time and place appointed for the inquiry, having received due notice thereof, one-half of the costs of summoning, impanelling and re- turning the jury, and of taking the inquiry, and recording the verdict and judgment thereon, in case such verdict shall be taken, shall be defrayed by the owner of the lands, and the other half by the promoters of the undertaking, and each party shall bear his own costs, other than as aforesaid, incident to such inquiry. 52. The costs of any such inquiry shall, in case of differ- Particulars of 288 appendix.— 8 Vict. c. 18. Payment of costs. Special jury to be sum- moned at the request of either party. Deficiency of special jury- men. ence, be settled by one of tbe masters of the Court of Queen's Bench of England or Ireland, according as the lands are situate, on the application of either party, and such costs shall inclnde all reasonable costs, charges and expenses in- curred in summoning, impanelling and returning the jury, taking the inquiry, the attendance of witnesses, the employ- ment of counsel and attornies, recording the verdict and judgment thereon, and otherwise incident to such inquiry. 53. If any such costs shall be payable by the promoters of the undertaking, and if within seven days after demand such costs be not paid to the party entitled to receive the same, they shall be recoverable by distress, and on application to any justice he shall issue his warrant accordingly; and if any such costs shall be payable by the owner of the lands or of any interest therein, the same may be deducted and re- tained by the promoters of the undertaking, out of any money awarded by the jury to such owner, or determined by the valuation of a surveyor under the provision hereinafter con- tained ; and the payment or deposit of the remainder, if any, of such money, shall be deemed payment and satisfaction of the whole thereof, or if such costs shall exceed the amount of the money so awarded or determined, the excess shall be recoverable by distress, and on application to any justice he shall issue his warrant accordingly. 54. If either party desire any such question of disputed compensation as aforesaid to be tried before a special jury, such question shall be so tried, provided that notice of such desire, if coming from the other party, be given to the pro- moters of the undertaking before they have issued their warrant to the sheriff ; and for that purpose the promoters of the undertaking shall by their warrant to the sheriff require him to nominate a special jury for such trial; and thereupon the sheriff shall, as soon as conveniently may be after the receipt by him of such warrant, summon both the parties to appear before him, by themselves or their attornies, at some convenient time and place appointed by him for the purpose of nominating a special jury (not being less than five nor more than eight days from the service of such sum- mons) ; and at the place and time so appointed the sheriff shall proceed to nominate and strike a special jury, in the manner in which such juries shall be required by the laws for the time being in force to be nominated or struck by the proper officers of the superior courts, and the sheriff shall appoint a day, not later than the eighth day after striking of such jury, for the parties or their agents to appear before him to reduce the number of such jury, and thereof shall give four days notice to the parties ; and on the day so ap- pointed the sheriff shall proceed to reduce the said special jury to the number of twenty, in the manner used and accustomed by the proper officers of the superior courts. 55. The special jury on such inquiry shall consist of twelve of the said twenty who shall first appear on the names being called over, the parties having their lawful challenges LANDS CLAUSES CONSOLIDATION ACT. 289 against any of the said jurymen ; and if a full jury do not appear, or if after such challenges a full jury do not remain, then, upon the application of either party, the sheriff shall add to the list of such jury the names of any other disinter- ested persons qualified to act as special or common jurymen, who shall not have been previously struck off the aforesaid list, and who may then be attending the court or can speedily be procured, so as to complete such jury, all parties having their lawful challenges against such persons ; and the sheriff shall proceed to the trial and adjudication of the matters in question by such jury, and such trial shall be attended in all respects with the like incidents and consequences, and the like penalties shall be applicable, as hereinbefore provided in the case of a trial by common jury. 56. Any other inquiry than that for the trial of which Other inqui- such special jury may have been struck and reduced as afore- ries before . said may be tried by such jury, provided the parties thereto j uryj by con- respectively shall give their consent to such trial. sent. 57. No juryman shall, without his consent, be summoned Jurymen not or required to attend any such proceeding as aforesaid more t0 attend than once in any year. %£?Zr. 58. The purchase-money or compensation to be paid for Compeusa . any lands to be purchased or taken by the promoters of the tion to absent undertaking from any party who, by reason of absence from parties to be the kingdom is prevented from treating, or who cannot after v etermined , diligent inquiry be found, or who shall not appear at the appointed by time appointed for the inquiry before the jury as herein- two justices. before provided for, after due notice thereof, and the com- pensation to be paid for any permanent injury to such lands, shall be such as shall be determined by the valuation of such able practical surveyor as two justices shall nominate for that purpose as hereinafter mentioned. 59. Upon application by the promoters of the undertaking Two justices to two justices, and upon such proof as shall be satisfactory to nominate to them that any such party is, by reason of absence from a surve y° r - the kingdom, prevented from treating, or cannot after diligent inquiry be found, or that any such party failed to appear on such inquiry before a jury as aforesaid, after due notice to him for that purpose, such justices shall, by writing under their hands, nominate an able practical surveyor for deter- mining such compensation as aforesaid, and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. 60. Before such surveyor shall enter upon the duty of Declaration making such valuation as aforesaid, he shall, in the presence t0 be made of such justices, or one of them, make and subscribe the ,£yor. Bax " declaration following at the foot of such nomination, (that is to say,) ' I, A. B., do solemnly and sincerely declare, that I will ' faithfully, impartially and honestly, according to the I. O 290 appendix. — 8 Vict. c. 18. Valuation, &c. to be produced to the owner of the lands on demand. Expenses to be borne by promoters. Purchase- money and compensa- tion, how to be estimated ' best of my skill and ability, execute the duty of ' making the valuation hereby referred to me. A.B. ' Made and subscribed in the presence of .' And if any surveyor shall corruptly make such declaration, or having- made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanor. 61. The said nomination and declaration shall be annexed to the valuation to be made by such surveyor, and shall be preserved together therewith by the promoters of the under- taking, and they shall at all times produce the said valuation and other documents, on demand, to the owner of the lands comprised in such valuation, and to all other parties in- terested therein. 62. All the expenses of and incident to every such valua- tion shall be borne by the promoters of the undertaking. 63. In estimating the purchase-money or compensation to be paid by the promoters of the undertaking, in any of the cases aforesaid, regard shall be had by the justices, arbitra- tors or surveyors, as the case may be, not only to the value of the land to be purchased or taken by the promoters of the undertaking, but also to the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers of this or the Special Act, or any Act incorporated therewith. 6i. When the compensation payable in respect of any lands or any interest therein shall have been ascertained by the valuation of a surveyor and deposited in the bank under termined by a the provisions herein contained, by reason that the owner of surveyor, or p ar ty entitled to convey such lands or such interest therein havethessmie as aforesaid could not be found or was absent from the king- submitted to dom, if such owner or party shall be dissatisfied with such arbitration, valuation, it shall be lawful for him, before he shall have applied to the Court of Chancery for payment or investment of the monies so deposited under the provisions herein con- tained, by notice in writing to the promoters of the under- taking, to require the question of such compensation to be submitted to arbitration, and thereupon the same shall be so submitted accordingly, in the same manner as in other cases of disputed compensation hereinbefore authorized or required to be submitted to arbitration. Question to 65. The question to be submitted to the arbitrators in the be submitted cas;e ],,»,(; aforesaid shall be, whether the said sum so deposited as aforesaid by the promoters of the undertaking was a suffi- cient sum, or whether any and what further sum ought to be paid or deposited by them. If further 66, If the arbitrators shall award that a further sum ought sum awarded, £ ^g p a i c \ or deposited by the promoters of the undertaking, payor deposit tue y saa ^ P a y or ue P 0Slt > as the case may require, such further Where com- pensation to absent party lias been de- to the arbi trators. LANDS CLAUSES CONSOLIDATION ACT. 291 sum within fourteen days after the making of such award, or same within in default thereof the same may be enforced by attachment, fourteen or recovered, with costs, by action or suit in any of the dys ' superior courts. 67. If the arbitrators shall determine that the sum so de- Costs of the posited was sufficient, the costs of and incident to such iirbl t r ation. arbitration, to be determined by the arbitrators, shall be in the discretion of the arbitrators, but if the arbitrators shall determine that a further sum ought to be paid or deposited by the promoters of the undertaking, all the costs of and incident to the arbitration shall be borne by the promoters of the undertaking. 68. If any party shall be entitled to any compensation in re- To be settled spect of any lands, or of any interest therein, which shall have J^' ij™"™ h"" been taken for or_inj.urjpusly affected by the execution, of the option of the works, an^forwhich the promoters of the undertaking shall party claim- not havemade satisfaction under the provisions of this or the ingcompen- Special Act, or any Act incorporated therewith, and if the s ' 1 compensation claimed in such case shall exceed the sum of fifty pounds, such party may have the same settled either by arbitration or by the verdict of a jury, as he shall think fit; and if such party desire to have the same settled by arbitra- tion, it shall be lawful for him to give notice in writing to the promoters of the undertaking of such his desire, stating in such notice the nature of the interest in such lands in respect of which he claims compensation, and the amount of the compensation so claimed therein; and unless the promoters of the undertaking be willing to pay the amount of compen- sation so claimed, and shall enter into a written agreement for that purpose within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner herein provided ; or if the party so entitled as aforesaid desire to have such question of compensation settled by jury, it shall be lawful for him to give notice in writing of such his desire to the promoters of the undertaking, stating such particulars as aforesaid, and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose, they shall, within twenty- one days after the receipt of such notice, issue their warrant to the sheriff to summon a jury for settling the same in the manner herein provided, and in default thereof they shall be liable to pay to the party so entitled as aforesaid the amount of compensation so claimed, and the same may be recovered by him, with costs, by action in any of the Superior Courts. And with respect to the purchase-money or compensation Application coming to parties having limited interests, or prevented from OF Compen- treatino:, or not making title, be it enacted as follows: sation. 69. If the purchase money or compensation which shall be Purchase- payable in respect of any lands, or any interest therein, pur- money pay- chased or taken by the promoters of "the undertaking from Jjjjf *° P"" ,. " .'■. ... . ., . , ° ties under any corporation, tenant tor lite or in tail, married woman (Usability 02 292 appendix. — 8 Vict. c. 18. amounting to 200?. to be deposited iu the bank. Application of monies de- posited. Order for application and invest- ment mean ■while. Sums from 201. to 2001. to be depo- sited or paid to trustees. seised in her own right or entitled to dower, guardian, com- mittee of lunatic or idiot, trustee, executor or administrator, or person having a partial or qualified interest only in such lands, and not entitled to sell or convey the same except under the provisions of this or the Special Act, or the com- pensation to be paid for any permanent damage to any such lands, amount to or exceed the sum of two hundred pounds, the same shall be paid into the bank, in the name and with the privity of the accountant-general of the Court of Chancery in England if the same relate to lands in England or Wales, or the accountant-general of the Court of Ex- chequer in Ireland if the same relate to lands in Ireland, to be placed to the account there of such accountant-general, ex parte the promoters of the undertaking (describing them by their proper name), in the matter of the Special Act (citing it), pursuant to the method prescribed by any Act for the time being in force for regulating monies paid into the said courts; and such monies shall remain so deposited until the same be applied to some one or more of the following purposes, (that is to say,) In the purchase or redemption of the land tax, or the dis- charge of any debt or incumbrance affecting the land in respect of which such money shall have been paid, or affecting other lands settled therewith to the same or the like uses, trusts or purposes ; or In the purchase of other lands, to be conveyed, limited, and settled upon the like uses, trusts and purposes, and in the same manner as the lands in respect of which such money shall have been paid stood settled, or If such money shall be paid in respect of any buildings taken under the authority of this or the Special Act or injured by the proximity of the works in removing or replacing such buildings or substituting others in their stead, in such manner as the Court of Chancery shall direct, or In payment to any party becoming absolutely entitled to such money. 70. Such money may be so applied as aforesaid upon an order of the Court of Chancery in England or the Court of Exchequer in Ireland, made on the petition of the party who would have been entitled to the rents and profits of the lands in respect of which such money shall have been depo- sited; and until the money can be so applied it may, upon the like order, be invested by the said accountant-general in the purchase of three per centum consolidated or three per centum reduced bank annuities, or in government or real securities, and the interest, dividends and annual proceeds thereof paid to the party who would for the time being have been entitled to the rents and profits of the lands. 71. If the purchase-money or compensation shall not amount to the sum of two hundred pounds, and shall exceed the sum of twenty pounds, the same shall either be paid into the bank and applied in the manner hereinbefore directed LANDS CLAUSES CONSOLIDATION ACT. 293 with respect to sums amounting to or exceeding two hundred pounds, or the same may lawfully be paid to two trustees, to be nominated by the parties entitled to the rents or profits of the lands in respect whereof the same shall be payable, such nomination to be signified by writing under the hands of the party so entitled; and in case of the coverture, infancy, lunacy or other incapacity of the parties entitled to such monies, such nomination may lawfully be made by their respective husbands, guardians, committees or trustees ; but such last-mentioned application of the monies shall not be made unless the promoters of the undertaking approve thereof and of the trustees named for the purpose; and the money so paid to such trustees, and the produce arising therefrom, shall be by such trustees applied in the manner hereinbefore directed with respect to money paid into the bank, but it shall not be necessary to obtain any order of the court for that purpose. 72. If such money shall not exceed the sum of twenty Sums not pounds, the same shall be paid to the parties entitled to the exceeding rents and profits of the lands in respect whereof the same ™-'J? be shall be payable, for their own use and benefit, or in case of ties. the coverture, infancy, idiotcy, lunacy or other incapacity of any such parties, then such money shall be paid, for their use, to the respective husbands, guardians, committees or trustees of such persons. 73. All sums of money exceeding twenty pounds, which All sums may be payable by the promoter < of the undertaking in re- payable under spect of the taking, using or interfering with any lands p°^ ^g t n w ! tl1 under a contract or agreement with any person who shall not absolutely be entitled to dispose of such lands, or of the interest therein entitled to contracted to be sold by him, absolutely for his own benefit, j^ I ^ id int0 shall be paid into the bank or to trustees in manner afore- said ; and it shall not be lawful for any contracting party not entitled as aforesaid to retain to his own use any portion of the sums so agreed or contracted to be paid for or in re- spect of the taking, using or interfering with any such lands, or in lieu of bridges, tunnels or other accommodation works, or for assenting to or not opposing the passing of the bill authorizing the taking of such lands, but all such monies shall be deemed to have been contracted to be paid for and on account of the several parties interested in such lands, as well in possession as in remainder, reversion or expectancy: provided always, that it shall be in the discretion of the Court of Chancery in England or the Court of Exchequer in Ireland, or the said trustees, as the case may be, to allot to any tenant for life, or for any other partial or qualified estate, for his own use, a portion of the sum so paid into the bank, or to such trustees as aforesaid, as compensation for any injury, inconvenience or annoyance which he may be considered to sustain, independently of the actual value of the lands to be taken, and of the damage occasioned to the lands held therewith, by reason of the taking of such lands and the making of the works. 294 appendix. — 8 Vict. c. 18. Court of Chancery may direct application of money in respect of leases or reversions as they may think just. Upon deposit being made, the owners of the lands to convey, or in default the lands to vest in ihe promoters of the under- taking, upon a deed poll being exe- cuted. Where par- ties refuse to convey, or do 74. Where any purchase-money or compensation paid into the bank under the provisions of this or the Special Act shall have been paid in respect of any lease for a life or lives or years, or for a life or lives and years, or any estate in lands less than the whole fee simple thereof, or of any reversion dependent on any such lease or estate, it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, on the petition of any party interested in such money, to order that the same shall be laid out, invested, accumulated and paid in such manner as the said court may consider will give to the parties interested in such money the same benefit therefrom as they might lawfully have had from the lease, estate or reversion in respect of which such money shall have been paid, or as near thereto as may be. 75. Upon deposit in the bank in manner hereinbefore pro- vided of the purchase-money or compensation agreed or awarded to be paid in respect of any lands purchased or taken by the promoters of the undertaking under the pro- visions of this or the Special Act, or any Act incorporated therewith, the owner of such lands, including in such term all parties by this Act enabled to sell or convey lands, shall, when required so to do by the promoters of the undertaking, duly convey such lands to the promoters of the undertaking, or as they shall direct ; and in default thereof, or if he fail to adduce a good title to such lands to their satisfaction, it shall be lawful for the promoters of the undertaking, if they think tit, to execute a deed poll under their common seal if they be a corporation, or if they be not a corporation under the hands and seals of the promoters, or any two of them, containing a description of the lands in respect of which such default shall be made, and reciting the purchase or taking thereof by the promoters of the undertaking, and the names of the parties from whom the same were purchased or taken, and the deposit made in respect thereof, and declaring the fact of such default having been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon a conveyance to the promoters of the under- taking of the lands described therein ; and thereupon all the estate and interest in such lands of or capable of being sold and conveyed by the party between whom and the promoters of the undertaking such agreement shall have been come to, or as between whom and the promoters of the undertaking such purchase- money or compensation shall have been deter- mined by a jury, or by arbitrators, or by a surveyor appointed by two justices as herein provided, and shall have been deposited as aforesaid, shall vest absolutely in the promoters of the undertaking, and as against such parties, and all parties on behalf of whom they are hereinbefore enabled to sell and convey, the promoters of the undertaking shall be entitled to immediate possession of such lands. 76. If the owner of any such lands purchased or taken by the promoters of the undertaking, or of any interest therein, on tender of the purchase-money or compensation either LANDS CLAUSES CONSOLIDATION ACT. 295 agreed or awarded to be paid in respect thereof, refuse to not show- accept the same, or neglect or fail to make out a title to such title, or lands, or to the interest therein claimed by him, to the satis- ?" 1 m l 'j' t t *? e faction of the promoters of the undertaking, or if he refuse purchase- to convey or release such lands as directed by the promoters money to be of the undertaking, or if any such owner be absent from the deposited. kingdom, or cannot after diligent inquiry be found, or fail to appear on the inquiry before a jury, as herein provided for, it shall be lawful for the promoters of the undertaking to deposit the purchase-money or compensation payable in respect of such lands, or any interest therein, in the bank, in the name and with the privity of the accountant-general of the Court of Chancery in England or the Court of Exchequer in Ireland, to be placed, except in the cases herein otherwise provided for, to his account there, to the credit of the parties interested in such lands (describing them so far as the pro- moters of the undertaking can do), subject to the control and disposition of the said court. 77. Upon any such deposit of money as last aforesaid being upon deposit made the cashier of the bank shall give to the promoters of being made a the undertaking, or to the party paying in such money by r ^. l ' 1| ' t l " tie their direction, a receipt for such money, specifying therein j he la ' n ',ij t0 for what and for whose use (described as aforesaid) the same vest upon a shall have been received, and in respect of what purchase the deed-poll same shall have been paid in; and it shall be lawful for the cu 1 t ' ( !!"'i. ex promoters of the undertaking, if they think lit, to execute a deed poll under their common seal if they be a corporation, or if they be not a corporation under the hands and seals of the said promoters or any two of them, containing a descrip- tion of the lands in respect whereof such deposit shall have been made, and declaring the circumstances under which and the names of the parties to whose credit such deposit shall have been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon a convey- ance to the promoters of the undertaking of the lands de- scribed therein; and thereupon all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase-money or compensation shall have been depo- sited shall vest absolutely in the promoters of the under- taking, and as against such parties they shall be entitled to immediate possession of such lands. 78. Upon the application by petition of any party making Application claim to the money so deposited as last aforesaid, or any part oi monies so thereof, or to the lands in respect whereof the same shall have deposited. been so deposited, or any part of such lands, or any interest in the same, the said Court of Chancery in England or the Court of Exchequer in Ireland may, in a summary way, as to such court shall seem fit, order such money to be laid out or invested in the public funds, or may order distribution thereof or payment of the dividends thereof, according to the respective estates, titles or interests of the parti* a making claim to such money or lands, or any part thereof, and may make such other order in the premises as to such court shall seem fit. 296 appendix. — 8 Vict. c. 18. deemed the owner, Costs in cases of money de posited. rarty in pos- 79. If any question arise respecting the title to the lands session to be j n respect whereof such monies shall have been so paid or deposited as aforesaid, the parties respectively in possession of such lands, as being the owners thereof, or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the court; and unless the con- trary be shown as aforesaid, the parties so in possession, and all parties claiming under them, or consistently with their possession, shall be deemed entitled to the money so depo- sited, and to the dividends or interest of the annuities or securities purchased therewith, and the same shall be paid and applied accordingly. 80. In all cases of monies deposited in the bank under the provisions of this or the Special Act, or an Act incorporated therewith, except where such monies shall have been so de- posited by reason of the wilful refusal of any party entitled thereto to receive the same, or to convey or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court of Chan- cery in England or the Court of Exchequer in Ireland to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the promoters of the undertaking; (that is to say,) the costs of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such monies in government or real secu- rities, and of the re-investment thereof in the purchase of other lands, and also the costs of obtaining the proper orders for any of the purposes aforesaid and of the orders for the payment of the dividends, and interest of the securities upon which such monies shall be invested, and for the payment out of court of the principal of such monies, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, except such as are occasioned by litigation between adverse claimants : provided always, that the costs of one application only for re-investment in land shall be allowed, unless it shall appear to the Court of Chancery in England or the Court of Exchequer in Ireland that it is for the benefit of the parties interested in the said monies that the same should be invested in the purchase of lands, in different sums and at different times, in which case it shall be lawful for the court, if it think fit, to order the costs of any such investments to be paid by the promoters of the undertaking. Convey- And with respect to the conveyances of lands, be it enacted ances. as f 01 i ows . Form of con- 81. Conveyances of lands to be purchased under the pro- veyances. visions of this or the Special Act, or any Act incorporated LANDS CLAUSES CONSOLIDATION ACT. 297 therewith, may be according to the forms in the Schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the circumstances of the case will admit, or by deed in any other form which the promoters of the under- taking may think fit ; and all conveyances made according to the forms in the said schedules, or as near thereto as the circumstances of the case will admit, shall be effectual to vest the lands thereby conveyed in the promoters of the undertaking, and shall operate to merge all terms of years attendant by express declaration, or by construction of law, on the estate or interest so thereby conveyed, and to bar and to destroy all such estates tail, and all other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever, of and in the lands comprised in such conveyances which shall have been purchased or compensated for by the consideration therein mentioned ; but, although terms of years be thereby merged, they shall in equity afford the same protection as if they had been kept on foot, and assigned to a trustee for the promoters of the undertaking to attend the reversion and inheritance. 82. The costs of all such conveyances shall be borne by Costs of con- the promoters of the undertaking, and such costs shall include veyances. all charges and expenses incurred on the part as well of the seller as of the purchaser, of all conveyances and assurances of any such lands and of any outstanding terms or interests therein, and of deducing, evidencing and verifying the title to such lands, terms or interests, and of making out and furnishing such abstracts and attested copies as the promoters of the undertaking may require, and all other reasonable expenses incident to the investigation, deduction and verifi- cation of such title. 83. If the promoters of the undertaking and the party Taxation entitled to any such costs shall not agree as to the amount of cos ts of thereof, such costs shall be taxed by one of the taxing coi^yaaces. Masters of the Court of Chancery, or by a Master in Chancery in Ireland, upon an order of the same court, to be obtained upon petition in a summary way by either of the parties; and the promoters of the undertaking shall pay what the said master shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs pay- able under an order of the said court, or the same may be recovered by distress in the manner hereinbefore provided in other cases of costs ; and the expense of taxing such costs shall be borne by the promoters of the undertaking, unless upon such taxation one-sixth part of the amount of such costs shall be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the said master, and deducted by him accordingly in his certificate of such taxation. o5 298 appendix.— 8 Vict. c. 18. Entry on Lands. Payment of price to be made pre- vious to en- try, except to survey, &c. Promoters to be allowed to enter on lands before purchase, on making de- posit by way of security, and giving bond. And with respect to the entry upon lands by the promoters of the undertaking, be it enacted as follows : — 84. The promoters of the undertaking shall not, except by consent of the owners and occupiers, enter upon any lands which shall be required to be purchased or permanently used for the purposes and under the powers of this or the Special Act, until they shall either have paid to every party having any interest in such lands, or deposited in the bank, in the manner herein mentioned, the purchase-money or compensa- tion agreed or awarded to be paid to such parties respectively for their respective interests therein : provided always, that, for the purpose merely of surveying and taking levels of such lands, and of probing or boring to ascertain the nature of the soil, and of setting out the line of the works, it shall be lawful for the promoters of the undertaking, after giving not less than three nor more than fourteen days' notice to the owners or occupiers thereof, to enter upon such lands without pre- vious consent, making compensation for any damage thereby occasioned to the owners or occupiers thereof. 85. Provided also, That, if the promoters of the undertaking shall be desirous of entering upon and using any such lands before an agreement shall have been come to or an award made, or verdict given for the purchase-money or compensa- tion to be paid by them in respect of such lands, it shall be lawful for the promoters of the undertaking to deposit in the bank by way of security, as hereinafter mentioned, either the amount of purchase-money or compensation claimed by any party interested in or entitled to sell and convey such lands, and who shall not consent to such entry, or such a sum as shall, by a surveyor appointed by two justices in the manner hereinbefore provided in the case of parties who cannot be found, be determined to be the value of such lands, or of the interest therein which such party is entitled to or enabled to sell and convey ; and also to give to such party a bond, under the common seal of the promoters if they be a corporation, or, if they be not a corporation, under the hands and seals of the said promoters, or any two of them, with two sufficient sureties to be approved of by two justices in case the parties differ, in a penal sum equal to the sum so to be deposited, conditioned for payment to such party, or for deposit in the bank for the benefit of the parties interested in such lands, as the case may require, under the provisions herein con- tained, of all such purchase-money or compensation, as may in manner hereinbefore provided be determined to be payable by the promoters of the undertaking in respect of the lands so entered upon, together with interest thereon, at the rate of five pounds per centum per annum, from the time of enter- ing on such lands, until such purchase-money or compensation shall be paid to such party, or deposited in the bank for the benefit of the parties interested in such lands, under the pro- visions herein contained ; and upon such deposit by way of security being made as aforesaid, and such bond being de- LANDS CLAUSES CONSOLIDATION ACT. 299 livered or tendered to such non-consenting party as afore- said, it shall be lawful for the promoters of the undertaking to enter upon and use such lands, without having first paid or deposited the purchase-money or compensation m other cases required to he paid or deposited by them before enter- ing upon any lands to be taken by them under the provisions of this or the Special Act. 86. The money so to be deposited as last aforesaid shall be Upon deposit paid into the bank in the name and with the privily of the being raade accountant-general of the Court of Chancery in England or ^l! 'receipt the Court of Exchequer in Ireland, to be placed to his account there to the credit of the parties interested in or entitled to sell and convey the lands so to be entered upon, and who shall not have consented to such entry, subject to the control and disposition of the said court ; and upon such deposit being made, the cashier of the Bank shall give to the promoters of the undertaking, or to the party paying in such money by their direction, a receipt for such money, speci- fying therein for what purpose, and to whose credit, the same shall have been paid in. 87. The money so deposited as last aforesaid shall remain Deposit to in the bank, by way of security to the parties whose lands shall remain as a so have been entered upon, for the performance of the con- ?u f rit5 i', a °i i ditionsof the bond to be given by the promoters of the under- under the taking, as hereinbefore mentioned, and the same may, on the direction of application by petition of the promoters of the undertaking, tne court. be ordered to be invested in bank annuities or government securities, and accumulated ; and upon the condition of such bond being fully performed, it shall be lawful for the Court of Chancery in England, or the Court of Exchequer in Ireland, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the promoters of the undertaking, or, if such condition shall not be fully performed, it shall be lawful for the said court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited. 88. If at any time the company be unable, by reason of The company the closing of the office of the accountant-general of the ma - v pay th e Court of Chancery in England, or the Court of Exchequer nf^e"';,,^ in Ireland, to obtain his authority in respect of the payment the bank by of any sum of money so authorized to be deposited in the way of secu- bank by way of security as aforesaid, it shall be lawful for r j t - v , ? uri " ! f the company to pay into the bank, to the credit of such party tnc office ,"',' or matter as the case may require (subject nevertheless to the account - being dealt with as hereinafter provided, and not otherwise), ant-general such sum of money as the promoters of the undertaking ' shall, by some writing signed by their secretary or solicitors for the time being, addressed to the governor and company of the bank in that behalf, request, and upon any such pay- ment being made, the cashier of the bank shall give a cer- tificate thereof ; and in every such case, within ten days after 300 appendix. — 8 Vict. c. 18. Penalty on the promoters of the under- taking enter- ing upon lands without consent be- fore payment of the pur- chase-money. Decision of justices not conclusive as to the right of the pro- moters. Proceedings in case of refusal to deliver pos- session of lands. the re-opening of the said accountant-general's office, the solicitor for the promoters of the undertaking shall there bespeak the direction for the payment of such sum into the name of the accountant-general, and, upon production of such direction at the Bank of England, the money so previously paid in shall be placed to the credit of the said accountant- general accordingly, and the receipt for the said payment be given to the party making the same in the usual way, for the purpose of being filed at the report office. 89. If the promoters of the undertaking, or any of their contractors, shall, except as aforesaid, wilfully enter upon and take possession of any lands which shall be required to be purchased or permanently used for the purposes of the Special Act, without such consent as aforesaid, or without having made such payment for the benefit of the parties in- terested iu the lands, or such deposit by way of security as aforesaid, the promoters of the undertaking shall forfeit to the party in possession of such lands the sum of ten pounds, over and above the amount of any damage done to such lands by reason of such entry and taking possession as afore- said, such penalty and damage respectively to be recovered before two justices ; and if the promoters of the undertak- ing, or their contractors, shall, after conviction in such penalty as aforesaid, continue in unlawful possession of any such lands, the promoters of the undertaking shall be liable to forfeit the sum of twenty-five pounds for every day they or their contractors shall so remain in possession as aforesaid, such penalty to be recoverable by the party in possession of such lands, with costs, by action in any of the superior courts : provided always, that nothing herein contained shall be held to subject the promoters of the undertaking to the payment of any such penalties as aforesaid, if they shall bona fide, and without collusion, have paid the compensation agreed or awarded to be paid in respect of the said lands to any person whom the promoters of the undertaking may have reasonably believed to be entitled thereto, or shall have deposited the same in the bank for the benefit of the parties interested in the lands, or made such deposit, by way of security, in re- spect thereof, as hereinbefore mentioned, although such per- son may not have been legally entitled thereto. 90. On the trial of any action for any such penalty as aforesaid, the decision of the justices under the provisions hereinbefore contained shall not be held conclusive as to the right of entry on any such lands by the promoters of the un- dertaking. 91. If in any case in which, according to the provisions of this or the Special Act, or any Act incorporated therewith, the promoters of the undertaking are authorized to enter upon and take possession of any lands required for the pur- poses of the undertaking, the owner or occupier of any such lands, or any other person, refuse to give up the possession thereof, or hinder the promoters of the undertaking from entering upon or taking possession of the same, it shall be LANDS CLAUSES CONSOLIDATION ACT. 301 lawful for the promoters of the undertaking to issue their warrant to the sheriff to deliver possession of the same to the person appointed in such warrant to receive the same ; and, upon the receipt of such warrant, the sheriff shall deliver possession of any such lands accordingly, and the costs accruing by reason of the issuing and execution of such wan-ant, to be settled by the sheriff, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retained by the promoters of the undertaking from the compensation, if any, then payable by them to such party ; or, if no such compensation be payable to such party, or if the same be less than the amount of such costs, then such costs, or the excess thereof beyond such com- pensation, if not paid on demand, shall be levied by distress, and, upon application to any justice for that purpose, he shall issue his warrant accordingly. 92. And be it enacted, That no party shall at any time be Parties not to required to sell or convey to the promoters of the undertak- °e required to ing a part only of any house, or other building or manu- ?~ , part of a factory, if such party be willing and able to sell and convey the whole thereof. And with respect to small portions of intersected land, be Intersected it enacted as follows : Lands. 93. If any lands, not being situate in a town or built upon owners ot shall be so cut through and divided by the works as to leave, intersected either on both sides or on one side thereof, a less quantity !i ? nds ma :-' in - of land than half a statute acre, and if the owner of such sist on sale< small parcel of land require the promoters of the undertaking to purchase the same along with the other land required for the purposes of the Special Act, the promoters of the under- taking shall purchase the same accordingly, unless the owner thereof have other land adjoining to that so left into which the same can be thrown, so as to be conveniently occupied therewith ; and if such owner have any other land so adjoin- ing, the promoters of the undertaking shall, if so required by the owner, at their own expense, throw the piece of land so left into such adjoining land, by removing the fences and levelling the sites thereof, and by soiling the same in a suffi- cient and workmanlike manner. 94. If any such land shall be so cut through and divided Promoters of as to leave on either side of the works a piece of land of less th ?. under " , extent than half a statute acre, or of less value than the ex- jns'ist^or/pur- pense of making a bridge, culvert, or such other communi- chase where cation between the land so divided as the promoters of the expense of undertaking are, under the provisions of this or the Special ^"^fj J^," Act, or any act incorporated therewith, compellable to make, value. and if the owner of such lands have not other lands adjoining such piece of land, and require the promoters of the under- taking to make such communication, then the promoters of the undertaking may require such owner to sell to them such piece of land, and any dispute as to the value of such piece of land, or as to what would be the expense of making such 302 appendix.— 8 Vict. c. 18. communication, shall be ascertained as herein provided for cases of disputed compensation ; and on the occasion of ascertaining the value of the land required to be taken for the purposes of the works, the jury or the arbitrators, as the case may be, shall, if required by either party, ascertain, by their verdict or award, the value of any such severed piece of land, and also what would be the expense of making such com- munication. Copyholds. Conveyance of copyhold lands to be enrolled. Copyhold lands to be enfranchised. Lord of the manor to enfranchise on payment of compensa- tion. And with respect to copyhold lands, be it enacted as follows : 95. Every conveyance, to the promoters of the undertaking, of any lands which shall be of copyhold or customary tenure, or of the nature thereof, shall be entered on the rolls of the manor of which the same shall be held or parcel ; and on payment to the steward of such manor of such fees as would be due to him on the surrender of the same lands to the use of a purchaser thereof, he shall make such inrolment ; and every such conveyance, when so inrolled, shall have the like effect, in respect of such copyhold or customary lands, as if the same had been of freehold tenure ; nevertheless, until such lands shall have been enfranchised by virtue of the powers hereinafter contained, they shall continue subject to the same fines, rents, heriots and services as were theretofore payable and of right accustomed. 9G. Within three months after the inrolment of the con- veyance of any such copyhold or customary lands, or within one month after the promoters of the undertaking shall enter upon and make use of the same for the purposes of the works, whichever shall first happen, or if more than one parcel of such lands holden of the same manor shall have been taken by them, then, within one month after the last of such parcels shall have been so taken or entered on by them, the promoters of the undertaking shall procure the whole of the lands holden of such manor so taken by them to be enfranchised, and for that purpose shall apply to the lord of the manor whereof such lands are holden to enfranchise the same, and shall pay to him such compensation in respect thereof as shall be agreed upon between them and him ; and if the parties fail to agree respecting the amount of the compensation to be paid for such enfranchisement, the same shall be deter- mined as in other cases of disputed compensation ; and in estimating such compensation, the loss in respect to the fines, heriots, and other services payable on death, descent or alienation, or any other matters which would be lost by the vesting of such copyhold or customary lands in the promoters of the undertaking, or by the enfranchisement of the same, shall be allowed for. 97. Upon payment or tender of the compensation so agreed upon or determined, or on deposit thereof in the bank, in any of the cases hereinbefore in that behalf provided, the lord of the manor whereof such copyhold or customary lands shall be holden shall enfranchise such lands, and the lands LANDS CLAUSES CONSOLIDATION ACT. 303 so enfranchised shall for ever thereafter be held in free and common socage ; and in default of such enfranchisement by the lord of the manor, or if he fail to adduce a good title thereto to the satisfaction of the promoters of the under- taking, it shall be lawful for them, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbe- fore provided in the case of the purchase of lands by them, and thereupon the lands in respect of the enfranchisement whereof such compensation shall have been deposited as aforesaid shall be deemed to be enfranchised, and shall be for ever thereafter held in free and common socage. 98. If any such copyhold or customary lauds be subject Apportion- to any customary or other rent, and part only of the land, ment of copy- subject to any such rent, be required to be taken for the hold rents - purposes of the Special Act, the apportionment of such rent may be settled by agreement between the owner of the lands and the lord of the manor, on the one part, and the promoters of the undertaking on the other part, and if such apportion- ment be not so settled by agreement, then the same shall be settled by two justices; and the enfranchisement of any copyhold or customary lauds, taken by virtue of this or the Special Act, or the apportionment of such rents, shall not affect in other respects any custom by or under which any such copyhold or customary lands not taken for such pur- poses shall be held ; and if any of the lands so required be released from any portion of the rents to which they were subject jointly with any other lands, such last-mentioned lands shall be charged with the remainder only of such rents; and with reference to any such apportioned rents, the lord of the manor shall have all the same rights and remedies over the lands to which such apportioned rent shall have been assigned or attributed as he had previously over the whole of the lands subject to such rents for the whole of such rents. And with respect to any such lands being common or Common waste lands, be it enacted as follows : Lajjds. 99. The compensation in respect of the right in the soil compensa- of any lands subject to any rights of common shall be paid tion for com- to the lord of the manor, in case he shall be entitled to the ra0l \ lail(,s same, or to such party, other than the commoners, as shall be " f a manor entitled to such right in the soil ; and the compensation in &-c, how to respect of all other commonable and other rights in or over be paid. such lands, including therein any commonable or other lights, to which the lord of the manor may be entitled, other than his right in the soil of such lands, shall be de- termined and paid and applied in manner hereinafter pro- vided with respect to common lands, the right in the soil of which shall belong to the commoners ; and upon payment or deposit in the bank of the compensation so determined, all such commonable and other rights shall cease and be extinguished. 304 appendix. — 8 Vict. c. 18. Lord of the manor, &c. to convey to the promoters of the under- taking, on receiving compensation for his inte- rest. Compensa- tion for com- mon lands where not held of a manor, how to he ascer- tained. A meeting of the parties interested to be convened. 100. Upon payment or tender to the lord of the manor, or such other party as aforesaid, of the compensation which shall have been agreed upon or determined in respect of the right in the soil of any such lands, or on deposit thereof in the bank in any of the cases hereinbefore in that behalf pro- vided, such lord of the manor, or such other party as afore- said, shall convey such lands to the promoters of the under- taking, and such conveyance shall have the effect of vesting such lands in the promoters of the undertaking, in like manner as if such lord of the manor, or such other party as aforesaid, had been seised in fee-simple of such lands at the time of executing such conveyance ; and, in default of such conveyance, it shall be lawful for the promoters of the un- dertaking, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them, and thereupon the lands in respect whereof such last-mentioned compensation shall have been deposited as aforesaid shall vest absolutely in the pro- moters of the undertaking, and they shall be entitled to immediate possession thereof, subject, nevertheless, to the commonable and other rights theretofore affecting the same, until such rights shall have been extinguished by payment or deposit of the compensation for the same in manner here- inafter provided. 101. The compensation to be paid with respect to any such lands, being common lands, or in the nature thereof, the right to the soil of which shall belong to the commoners, as well as the compensation to be paid for the commonable and other rights in or over common lands the right in the soil whereof shall not belong to the commoners, other than the compen- sation to the lord of the manor, or other party entitled to the soil thereof, in respect of his right in the soil thereof, shall be determined by agreement between the promoters of the undertaking and a committee of the parties entitled to commonable or other rights in such lands, to be appointed as next hereinafter mentioned. 102. It shall be lawful for the promoters of the undertak- ing to convene a meeting of the parties entitled to common- able or other rights over or in such lands to be held at some convenient place in the neighbourhood of the lands for the puqjose of their appointing a committee to treat with the promoters of the undertaking for the compensation to be paid for the extinction of such commonable or other rights ; and every such meeting shall be called by public advertise- ment, to be inserted once at least in two consecutive weeks in some newspaper circulating in the county or in the re- spective counties and in the neighbourhood in which such lands shall be situate, the last of such insertions being not more than fourteen nor less than seven days prior to any such meeting ; and notice of such meeting shall also, not less than seven days previous to the holding thereof, be affixed upon the door of the parish church where such meeting is intended to be held, or if there be no such church, some other place in LANDS CLAUSES CONSOLIDATION ACT. 305 the neighbourhood to which notices are usually affixed ; and if such lands be parcel or liolden of a manor, a like notice shall be given to the lord of such manor. 103. It shall be lawful for the meeting so called to appoint Meeting to a committee, not exceeding five in number, of the parties ^i'P° in | a entitled to any such rights; and at such meeting the decision of the majority of the persons entitled to commonable rights present shall bind the minority and all absent parties. 104. It shall be lawful for the committee so chosen to Committee enter into an agreement with the promoters of the undertak- t0 agree with ing for the compensation to be paid for the extinction of f\hl°mder- such commonable and other rights, and all matters relating taking, thereto, for and on behalf of themselves and all other parties interested therein ; and all such parties shall be bound by such agreement ; and it shall be lawful for such committee to receive the compensation so agreed to be paid, and the receipt of such committee, or of any three of them, for such compensation, shall be an effectual discharge for the same ; and such compensation, when received, shall be apportioned by the committee among the several persons interested therein, according to their respective interests ; but the pro- moters of the undertaking shall not be bound to see to the apportionment or to the application of such compensation, nor shall they be liable for the misapplication or nonappli- cation thereof. 105. If, upon such committee being appointed, they shall Disputes to be fail to agree with the promoters of the undertaking as to sett] ed as in the amount of the compensation to be paid as aforesaid, the ot er cases# same shall be determined as in other cases of disputed com- pensation. 106. If, upon being duly convened by the promoters of the if no com- undertaking, no effectual meeting of the parties entitled to niittee be such commonable or other rights shall take place, or, if taking a i'P° int e . ., ° . K ' '. . ° the amount place, such meeting tail to appoint such committee, the to be deter- amount of such compensation shall be determined by a stir- mined by a veyor, to be appointed by two justices, as hereinbefore pro- surve y° r - vi'ilt -d in the case of parties who cannot be found. 107. Upon payment or tender to such committee, or any Upon pay- three of them, or, if there shall be no such committee, then mem of com- upon deposit in the bank, in the manner provided in the like SfSSK!?* case, of the compensation which shall have been agreed commoners, upon or determined in respect of such commonable or other the lauds to rights, it shall be lawful for the promoters of the under- vcst - taking, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbefore provided in the case of the pur- chase of lands by them, and thereupon the lands in respect of which such compensation shall have been so paid or deposited shall vest in the promoters of the undertaking, freed and discharged from all such commonable or other rights, and they shall be entitled to immediate possession thereof ; and it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, by an order to be made upon petition, to order payment of the 306 appendix. — 8 Vict. c. 18. Lands in Mortgage. Power to re- deem mort- gages. Deposit of mortgage money on refusal to ac- cept. money so deposited to a committee to be appointed as afore- said, or to make such other order in respect thereto, for the benefit of the parties interested, as it shall think fit. And with respect to lands subject to mortgage, be it enacted as follows : 108. It shall be lawful for the promoters of the undertak- ing to purchase or redeem the interest of the mortgagee of any such lands which may be required for the purposes of the Special Act, and that whether they shall have previously purchased the equity of redemption of such lands or not, and whether the mortgagee thereof be entitled thereto in his own right or in trust for any other party, and whether he be in possession of such lands by virtue of such mortgage or not, and whether such mortgage affect such lands solely, or jointly with any other lands not required for the purposes of the Special Act ; and, in order thereto, the promoters of the undertaking may pay or tender to such mortgagee the principal and interest due on such mortgage, together with his costs and charges, if any, and also six months' additional interest ; and thereupon such mortgagee shall immediately convey his interest in the lands comprised in such mortgage to the promoters of the undertaking, or as they shall direct, or the promoters of the undertaking may give notice in writing to such mortgagee that they will pay off the principal and interest due on such mortgage at the end of six months, computed from the day of giving such notice ; and if they shall have given any such notice, or if the party entitled to the equity of redemption of any such lands shall have given six months' notice of his intention to redeem the same, then, at the expiration of either of such notices, or at any inter- mediate period, upon payment or tender by the promoters of the undertaking to the mortgagee of the principal money due on such mortgage, and the interest which would become due at the end of six months from the time of giving either of such notices, together with his costs and expenses, if any, such mortgagee shall convey or release his interest in the lands comprised in such mortgage to the promoters of the undertaking, or as they shall direct. 109. If, in either of the cases aforesaid, upon such pay- ment or tender, any mortgagee shall fail to convey or release his interest in such mortgage as directed by the promoters of the undertaking, or if he fail to adduce a good title thereto to their satisfaction, then it shall be lawful for the pro- moters of the undertaking to deposit in the bank, in the manner provided by this act in like cases, the principal and interest, together with the costs, if any, due on such mort- gage, and also, if such payment be made before the ex- piration of six months' notice as aforesaid, such further interest as would at that time become due ; and it shall be lawful for them, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon, as LANDS CLAUSES CONSOLIDATION ACT. 307 well as upon such conveyance by the mortgagee, if any such be made, all the estate and interest of such mortgagee, and of all persons in trust for him, or for M-hom he may be a trustee, in such lands, shall vest in the promoters of the undertaking, and they shall be entitled to immediate pos- session thereof in case such mortgagee were himself entitled to such possession. 1 10. If any such mortgaged lands shall be of less value Sum to be than the principal, interest and costs secured thereon, the paid when value of such lands, or the compensation to be made by the ^eedsthe 8 *" promoters of the undertaking in respect thereof, shall be value of the settled by agreement between the mortgagee of such lands lauds. and the party entitled to the equity of redemption thereof on the one part, and the promoters of the undertaking on the other part, and if the parties aforesaid fail to agree respect- ing the amount of such value or compensation, the same shall be determined as in other cases of disputed compensa- tion ; and the amount of such value or compensation, being so agreed upon or determined, shall be paid by the pro- moters of the undertaking to the mortgagee in satisfaction of his mortgage debt, so far as the same will extend ; and, upon payment or tender thereof, the mortgagee shall convey or release all his interest in such mortgaged lands to the pro- moters of the undertaking, or as they shall direct. 111. If, upon such payment or tender as aforesaid being Deposit of made, any such mortgagee fail so to convey his interest in money when such mortgage, or to adduce a good title thereto, to the refused on satisfaction of the promoters of the undertaking, it shall be lawful for them to deposit the amount of such value or compensation in the bank, in the manner provided by this act in like cases, and every such payment or deposit shall be accepted by the mortgagee in satisfaction of his mortgage debt, so far as the same will extend, and shall be a full discharge of such mortgaged lands from all money due thereon : and it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon such lands, as to all such estate and interest as were then vested in the mortgagee, or any person in trust for him, shall become absolutely vested in the promoters of the undertaking, and they shall be entitled to immediate possession thereof in case such mortgagee were himself entitled to such posses- sion ; nevertheless, all rights and remedies possessed by the mortgagee against the mortgagor, by virtue of any bond or covenant or other obligation, other than the right to such lands, shall remain in force in respect of so much of the mortgage debt as shall not have been satisfied by such payment or deposit. 112. If a part only of any such mortgaged lands be re- Sum to be quired for the purposes of the Special Act, and if the part so paid where required be of less value than the principal money, interest {^oSSl™* and costs secured on such lands, and the mortgagee shall not i anaa taken. 308 appendix. — 8 Vict. c. 18. Deposit of money when refused on tender. consider the remaining part of such lands a sufficient security for the money charged thereon, or be not willing to release the part so required, then the value of such part, and also the compensation (if any) to be paid in respect of the sever- ance thereof or otherwise, shall be settled by agreement between the mortgagee and the party entitled to the equity of redemption of such lands on the one part, and the pro- moters of the undertaking on the other, and if the parties aforesaid fail to agree respecting the amount of such value or compensation, the same shall be determined as in other cases of disputed compensation ; and the amount of such value or compensation, being so agreed upon or determined, shall be paid by the promoters of the undertaking to such mortgagee in satisfaction of his mortgage debt, so far as the same will extend; and thereupon such mortgagee shall convey or release to them, or as they shall direct, all his interest in such mortgaged lands the value whereof shall have been so paid; and a memorandum of what shall have been so paid shall be indorsed on the deed creating such mortgage, and shall be signed by the mortgagee; and a copy of such memorandum shall at the same time (if re- quired) be furnished by the promoters of the undertaking at their expense, to the party entitled to the equity of redemp- tion of the lands comprised in such mortgage deed. 113. If, upon payment or tender to any such mortgagee of the amount of the value or compensation so agreed upon or determined, such mortgagee shall fail to convey or release to the promoters of the undertaking, or as they shall direct, his interest in the lands in respect of which such compen- sation shall so have been paid or tendered, or, if he shall fail to adduce a good title thereto to the satisfaction of the pro- moters of the undertaking, it shall be lawful for the pro- moters of the undertaking to pay the amount of such value or compensation into the bank, in the manner provided by this Act in the case of monies required to be deposited in such bank, and such payment or deposit shall be accepted by such mortgagee in satisfaction of his mortgage debt, so far as the same will extend, and shall be a full discharge of the portion of the mortgaged lands so required from all money due thereon ; and it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon such lands shall become absolutely vested in the promoters of the undertaking, as to all such estate and interest as were then vested in the mortgagee, or any person in trust for him, and, in case each mortgagee were himself entitled to such posses- sion, they shall be entitled to immediate possession thereof ; nevertheless, every such mortgagee shall have the same powers and remedies for recovering or compelling payment of the mortgage money, or the residue thereof, (as the case may be,) and the interest thereof respectively, upon and out of the residue of such mortgaged lands, or the portion LANDS CLAUSES CONSOLIDATION ACT. 309 thereof not required for the purposes of the Special Act, as he would otherwise have had or been entitled to for recovering or compelling payment thereof upon or out of the whole of the lands originally comprised in such mort- gage. 114. Provided always, That, in any of the cases herein- Compensa- before provided with respect to lands subject to mortgage, if J^e'in'cer- in the mortgage deed a time shall have been limited for pay- tain cases, ment of the principal money thereby secured, and, under the if mortgage provisions hereinbefore contained, the mortgagee shall have j? ai ^ ° ff bo ' been required to accept payment of his mortgage money, stipulated or of part thereof, at a time earlier than the time so limited, time. the promoters of the undertaking shall pay to such mort- gagee, in addition to the sum which shall have been so paid off, all such costs and expenses as shall be incurred by such mortgagee in respect of, or which shall be incidental to, the reinvestment of the sum so paid off, such costs, in case of difference, to be taxed and payment thereof enforced in the manner herein provided with respect to the costs of convey- ances; and if the rate of interest secured by such mort- gage be higher than at the time of the same being so paid off can reasonably be expected to be obtained on reinvesting the same, regard being had to the then current rate of in- terest, such mortgagee shall be entitled to receive from the promoters of the undertaking in addition to the principal and interest hereinbefore provided for, compensation in respect of the loss to be sustained by him by reason of his mortgage money being so prematurely paid off, the amount of such compensation to be ascertained, in case of difference, as in other cases of disputed compensation ; and until pay- ment or tender of such compensation as aforesaid, the pro- moters of the undertaking shall not be entitled, as against such mortgagee, to possession of the mortgaged lands under the provision hereinbefore contained. And with respect to lands charged with any rent-service, Kent- rent-charge, or chief or other rent, or other payment or in- charges. cumbrance not hereinbefore provided for, be it enacted as follows : 115. If any difference shall arise between the promoters Release of of the undertaking and the party entitled to any such charge lan ^ s |* ™ upon any lands required to be taken for the purposes of the Special Act, respecting the consideration to be paid for the release of such lands therefrom, or from the portion thereof affecting the lands required for the purposes of the Special Act, the same shall be determined as in other cases of dis- puted compensation. 116. If part only of the lands charged with any such rent- Release of sen-ice, rent-charge, chief or other rent, payment or incum- trom < SuSsef brance, be required to be taken for the purposes of the Special Act, the apportionment of any such charge may be settled by agreement between the party entitled to such 310 appendix. — 8 Vict. c. 18. charge and the owner of the lands on the one part, and the promoters of the undertaking on the other part, and, if such apportionment be not so settled by agreement, the same shall he settled by two j ustices ; but if the remaining part of the lands so jointly subject be a sufficient security for such charge, then, with consent of the owner of the lands so jointly subject, it shall be lawful for the party entitled to such charge to release therefrom the lands required, on con- dition or in consideration of such other lands remaining exclusively subject to the whole thereof. Deposit in 117. Upon payment or tender of the compensation so agreed ease of refusal upon or determined to the party entitled to any such charge to release. as aforesaid, suc h party shall execute to the promoters of the undertaking a release of such charge ; and if he fail so to do, or if he fail to adduce good title to such charge, to the satisfaction of the promoters of the undertaking, it shall be lawful for them to deposit the amount of such compensation in the bank in the manner hereinbefore provided in like cases, and also, if they think fit, to execute a deed-poll, duly stamped, in the manner hereinbefore provided in the case of the pur- chase of lands by them ; and thereupon the rent-service, rent- charge, chief or other rent, payment or incumbrance, or the portion thereof in respect whereof such compensation shall so have been paid, shall cease and be extinguished. Charge to 118. If any such lands be so released from any such charge continue on or incumbrance, or portion thereof, to which they were sub- taken n ° J ec * jointly with other lands, such last-mentioned lands shall alone be charged with the whole of such charge, or with the remainder thereof, as the case may be, and the party entitled to the charge shall have all the same rights and remedies over such last-mentioned lands, for the whole or for the remainder of the charge, as the case may be, as he had previously over the whole of the lands subject to such charge ; and if, upon any such charge or portion of charge being so released, the deed or instrument creating or transferring such charge be tendered to the promoters of the undertaking for the purpose, they or two of them shall subscribe, or, if they be a corpo- ration, shall affix their common seal to a memorandum of such release indorsed on such deed or instrument, declaring what part of the lands originally subject to such charge shall have been purchased by virtue of the Special Act, and, if the lands be released from part of such charge, what proportion of such charge shall have been released, and how much thereof continues payable, or, if the lands so required shall have been released from the whole of such charge, then that the remaining lands are thenceforward to remain exclusively charged therewith ; and such memorandum shall be made and executed at the expense of the promoters of the undertaking, and shall be evidence in all courts and elsewhere of the facts therein stated, but not so as to exclude any other evidence of the same facts. LANDS CLAUSES CONSOLIDATION ACT. 311 And with respect to lands subject to leases, be it enacted Leases. as follows : 119. If any lands shall be comprised in a lease for a term where part of years unexpired, part only of wbich lands shall be required onl - v " f Ia " ds for the purposes of the Special Act, the rent payable in re- taken, the spect of the lands comprised in such lease shall be apportioned rent to be between tbe lands so required and the residue of such lands ; apportioned, and such apportionment may be settled by agreement between the lessor and lessee of such lands on the one part, and the promoters of the undertaking on the other part, and if such apportionment be not so settled by agreement between the parties, such apportionment shall be settled by two justices; and after such apportionment the lessee of such lands shall, as to all future accruing rent, be liable only to so much of the rent as shall be so apportioned in respect of the lands not required for the purposes of the Special Act ; and as to the lands not so required, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of rent as previously to such apportionment he had for the recovery of the whole rent reserved by such lease ; and all the covenants, conditions and agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to that part of the land which shall not be required for the purposes of the Special Act, in the same manner as they would have done in case such part only of the land had been included in the lease. 120. Every such lessee as last aforesaid shall be entitled to Tenants to be receive from the promoters of the undertaking compensation compensated, for the damage done to him in his tenancy by reason of the severance of the lands required from those not required, or otherwise by reason of the execution of the works. 121. If any such lands shall be in the possession of any Compensation person having no greater interest therein than as tenant to be made for a year or from year to year, and if such person be re- t0 .!. e "? nts at quired to give up possession of .any lands so occupied by him before the expiration of his term or interest therein, he shall be entitled to compensation for the value of his unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain, or, if a part only of such lands be required, compensation for the damage done to him in his tenancy by severing the lands held by him, or otherwise injuriously affecting the same ; and the amount of such compensation shall be determined by two justices, in case the parties differ about the same ; and upon payment or tender of the amount of such compensation, all such per- sons shall respectively deliver up to the promoters of the undertaking, or to the person appointed by them to take pos- session thereof, any such lands in their possession required for the purposes of the Special Act. 122. If any party, having a greater interest than as tenant where at will, claim compensation in respect of any unexpired term greaterinte- or interest under any lease or grant of any such lands, the [ h a\, c Jr" m ett 312 appendix. — 8 Vict. c. 18. year to year, promoters of the undertaking may require such party to lease to be produce the lease or grant in respect of which such claim produced. shall be made, or the best evidence thereof in his power; and if, after demand made in writing by the promoters of the undertaking, such lease or grant, or such best evidence thereof, be not produced within twenty-one days, the party so claim- ing compensation shall be considered as a tenant holding only from year to year and be entitled to compensation accord- ingly. Limit of time 123. And be it enacted, That the powers of the promoters for compui- £ ^e undertaking for the compulsory purchase or taking of lands for the purposes of the Special Act shall not be exer- cised after the expiration of the prescribed period, and, if no period be prescribed, not after the expiration of three years from the passing of the Special Act. Interests And with respect to interests in lands which have by mis- oMiTTED to take been omitted to be purchased, be it enacted as follows : be pur- 124. if f at any time after the promoters of the under- c hase d. taking sna ii have entered upon any lands which, under the Promoters of provisions of this or the Special Act, or any Act incorporated the under- therewith, they were authorized to purchase, and which shall * own-cu" ^ e permanently required for the purposes of the Special Act, purchase in- any party shall appear to be entitled to any estate, right or forests in interest in or charge affecting such lands which the promoters lands the pur- f ^ ie undertaking shall, through mistake or inadvertence, mayhave nave failed or omitted duly to purchase or to pay compensa- been omitted tion for, then, whether the period allowed for the purchase by mistake. G f lands shall have expired or not, the promoters of the undertaking shall remain in the undisturbed possession of such lands, provided, within six months after notice of such estate, right, interest or charge, in case the same shall not be disputed by the promoters of the undertaking, or, in case the same shall be disputed, then, within six months after the right thereto shall have been finally established by law in favour of the party claiming the same, the promoters of the undertaking shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the promoters of the undertaking thereon and the time of the payment of such purchase-money or compensation by the promoters of the undertaking, so far as such mesne, profits or interest may be recoverable in law or equity ; and such purchase-money or compensation shall be agreed on or awarded and paid in like manner as, according to the pro- visions of this Act, the same respectively would have been agreed on or awarded and paid in case the promoters of the undertaking had purchased such estate, right, interest or charge before their entering upon such land, or as near thereto as circumstances will admit. How value of 125, T n estimating the compensation to be given for any LANDS CLAUSES CONSOLIDATION ACT. 313 such last-mentioned lands, or any estate or interest in the to be esti- same, or for any mesne profits thereof, the jury, or arbi- mated - trators, or justices, (as the case may be,) shall assess the same according to what they shall find to have been the value of such lands, estate or interest, and profits, at the time such lands were entered upon by the promoters of the under- taking, and without regard to any improvements or works made in the said lands by the promoters of the undertaking, and as though the works had not been constructed. 126. In addition to the said purchase-money, compensation rroprietors of or satisfaction, and before the promoters of the undertaking the under- shall become absolutely entitled to any such estate, interest pajr'the costs or charge, or to have the same merged or extinguished for of litigation their benefit, they shall, when the right to any such estate, & s to such interest or charge shall have been disputed by the company, lands - and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place; and such costs and expenses shall, in case the same shall be disputed, be settled by the proper officer of the court in which such litigation took place. And with respect to lands acquired by the promoters of the sale of undertaking under the provisions of this or the Special Act, Superfluous or any Act incorporated therewith, but which shall not be LanD - required for the purposes thereof, be it enacted as follows : 127. Within the prescribed period, or if no period be pre- Lands not scribed, within ten years after the expiration of the time wanted to be limited by the Special Act for the completion of the works, * old ' °*' '" the promoters of the undertaking shall absolutely sell and vestfli owners dispose of all such superfluous lands, and apply the purchase- of adjoining money arising from such sales to the purposes of the Special lands. Act ; and, in default thereof, all such superfluous lands re- maining unsold at the expiration of such period shall there- upon vest in and become the property of the owners of the lands adjoining thereto, in proportion to the extent of their lands respectively adjoining the same. 128. Before the promoters of the undertaking dispose of Lands to be any such superfluous lands, they shall, unless such lands be offered to situate within a town, or be lands built upon or used for J 1 ^ 6 ^ building purposes, first offer to sell the same to the person wn i cn they then entitled to the lands (if any) from which the same were were origi- originally severed ; or, if such person refuse to purchase the nallT token same, or cannot after diligent inquiry be found, then the like wownas!" offer shall be made to the persoD or to the several persons whose lands shall immediately adjoin the lands so proposed to be sold, such persons being capable of entering into a con- tract for the purchase of such lands ; and where more than one such person shall be entitled to such right of pre-emption, such offer shall be made to such persons in succession, one after another, in such order as the promoters of the under- taking shall think fit. I. P 314 afpendix. — 8 Vict. c. 18. Kifjht of pre- emption to be claimed within six weeks. Differences as to price to be settled by arbitration. Lands to be conveyed to the pur- chasers. Effect of the word " grant' in convey- ances. 129. If any such persons be desirous of purchasing such lands, then, within six weeks after such offer of sale, they shall signify their desire in that behalf to the promoters of the undertaking, or if they decline such offer, or if for six weeks they neglect to signify their desire to purchase such lands, the right of pre-emption of every such person so declining or neglecting in respect of the lands included in such offer shall cease ; and a declaration in writing made before a justice by some person not interested in the matter in question, stating that such offer was made and was refused, or not accepted within six weeks from the time of making the same, or that the person or all the persons entitled to the right of pre-emption were out of the country, or could not after diligent inquiry be found, or were not capable of enter- ing into a contract for the purchase of such lands, shall in all courts be sufficient evidence of the facts therein stated. 130. If any person entitled to such pre-emption be desirous of purchasing any such lands, and such person and the pro- moters of the undertaking do not agree as to the price thereof, then such price shall be ascertained by arbitration, and the costs of such arbitration shall be in the discretion of the arbitrators. 131. Upon payment or tender to the promoters of the undertaking of the purchase-money so agreed upon or deter- mined as aforesaid, they shall convey such lands to the purchasers thereof by deed under the common seal of the promoters of the undertaking, if they be a corporation, or, if not a corporation, under the hands and seals of the pro- moters of the undertaking, or any two of the directors or managers thereof acting by the authority of the body ; and a deed so executed shall be effectual to vest the lands comprised therein in the purchaser of such lands for the estate which shall so have been purchased by him ; and a receipt under such common seal, or under the hands of two of the directors or managers of the undertaking as aforesaid, shall be a sufficient discharge to the purchaser of any such lands for the purchase-money in such receipt expressed to be received. 132. In every conveyance of lands to be made by the pro- moters of the undertaking under this or the Special Act, the word " grant " shall operate as express covenants by the pro- moters of the undertaking, for themselves and their succes- sors, or for themselves, their heirs, executors, administrators and assigns, as the case may be, with the respective grantees therein named, and the successors, heirs, executors, adminis- trators and assigns of such grantees, according to the quality or nature of such grants, and of the estate or interest therein expressed to be thereby conveyed as follows, except so far as the same shall be restrained or limited by express words contained in any such conveyance, (that is to say,) — A covenant that, notwithstanding any Act or default done by the promoters of the undertaking, they were at the time of the execution of such conveyance seised or LANDS CLAUSES CONSOLIDATION ACT. 315 possessed of the lands or premises thereby granted for an indefeasible estate of inheritance in fee simple, free from all incumbrances done or occasioned by them, or otherwise for such estate or interest as therein expressed to be thereby granted, free from incumbrances done or occasioned by them ; A covenant that the grantee of such lands, his heirs, successors, executors, administrators and assigns (as the case may be), shall quietly enjoy the same against the promoters of the undertaking, and their successors, and all other persons claiming under them, and be indem- nified and saved harmless by the promoters of the under- taking and their successors from all incumbrances created by the promoters of the undertaking ; A covenant for further assurance of such lands, at the expense of such grantee, his heirs, successors, executors, administrators or assigns (as the case may be), by the promoters of the undertaking, or their successors, and all other persons claiming under them ; And all such grantees, and their several successors, heirs, executors, administrators and assigns respectively, according to their respective quality or nature, and the estate or interest in such conveyance expressed to be conveyed, may in all actions brought by them assign breaches of covenants, as they might do if such covenants were expressly inserted in such conveyances. 133. And be it enacted, That, if the promoters of the Land tax undertaking become possessed by virtue of this or the Special and poor's Act, or any Act incorporated therewith, of any lands charged rate .i g^ d with the laud tax, or liable to be assessed to "the poor's rate, they shall, from time to time, until the works shall be com- pleted'and assessed to such land tax or poor's rate, be liable to make good the deficiency in the several assessments for land tax and poor's rate by reason of such lauds having been taken or used for the purposes of the works, and such defi- ciency shall be computed according to the rental at which such lands, with any building thereon, were valued or rated at the time of the passing of the Special Act ; and on de- mand of such deficiency, the promoters of the undertaking, or their treasurer, shall pay all such deficiencies to the collector of the said assessments respectively ; nevertheless, if at any time the promoters of the undertaking think fit to redeem such land tax, they may do so in accordance with the powers in that behalf given by the Acts for the redemption of the land tax. 134. And be it enacted, That any summons or notice, or Service of any writ or other proceeding at law or equity, requiring to not1(,cs "i" ,n be served upon the promoters of the undertaking, may comi)an} - be served by the same being left at or transmitted through the post directed to the principal office of the promoters of the undertaking, or one of the principal offices where there shall be more than one, or being given or transmitted through p 2 316 appendix.— 8 Vict. c. 18. Tender of amends. Recovery op Penal- ties. Penalties to be summarily recovered before two justices. Penalties to be levied by distress. Distress how to be levied. the post directed to the secretary, or, in case there be no secretary, the solicitor of the said promoters. 135. And be it enacted, That, if any party shall have committed any irregularity, trespass or other wrongful pro- ceeding in the execution of this or the Special Act, or any Act incorporated therewith, or by virtue of any power or authority thereby given, and if, before action brought in respect thereof, such party make tender of sufficient amends to the part}' injured, such last-mentioned party shall not recover in any such action ; and if no such tender shall have been made, it shall be lawful for the defendant by leave of the court where such action shall be pending, at any time before issue joined, to pay into court such sum of money as he shall think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. And with respect to the recovery of forfeitures, penalties and costs, be it enacted as follows: 136. Every penalty or forfeiture imposed by this or the Special Act, 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 ; and, on complaint being made to any justice, he shall issue a summons requiring the party complained against to appear before two justices, at a time and place to be named in such summons ; and every such summons shall be served on the party offending, either in person, or by leaving the same with some inmate at his usual place of abode ; and upon the appearance of the party complained against, or, in his absence, after proof of the due service of such summons, it shall be lawful for any tw r o justices to proceed to the hearing of the complaint, and that although no information in writing or in print shall have been exhibited before them ; and upon proof of the offence, either by the confession of the party com- plained against, or upon the oath of one credible witness or more, it shall be lawful for such justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such costs attending the conviction as such justices shall think fit. 137. If, forthwith upon any such adjudication as afore- said, the amount of the penalty or forfeiture, and of such costs as aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress ; and such justices, or either of them, shall issue their or his warrant of distress accordingly. 138. Where, in this or the Special Act, or any Act incor- porated therewith, any sum of money, whether in the nature of penalty, costs or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same ; and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money and the LANDS CLAUSES CONSOLIDATION ACT. 317 expenses of the distress and sale, shall be returned, on de- mand, to the party whose goods shall have been distrained. 139. The justices by whom any such penalty or forfeiture Application shall be imposed may, where the application thereof is not of penalties, otherwise provided for, award not more than one-half thereof to the informer, and shall award the remainder to the over- seers of the poor of the parish in which the offence shall have been committed, to be applied in aid of the poor's rate of such parish ; or if the place wherein the offence shall have been committed shall be extra-parochial, then such justices shall direct such remainder to be applied in aid of the poor's rate of such extra-parochial place, or, if there shall not be any poor's rate therein, in aid of the poor's rate of any adjoin- ing parish or district. 140. If any such sum shall be payable by the promoters Distress of the undertaking, and if sufficient goods of the said pro- fSJf st e the moters cannot be found whereon to levy the same, it may, if the amount thereof do not exceed twenty pounds, be re- covered by distress of the goods of the treasurer of the said promoters, and the justices aforesaid, or either of them, on application shall issue their or his warrant accordingly ; but no such distress shall issue against the goods of such trea- surer unless seven days' previous notice in writing, stating the amount so due, and demanding payment thereof, have been given to such treasurer, or left at his residence ; and if such treasurer pay any money under such distress as afore- said, he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any money belong- ing to the promoters of the undertaking coming into his cosb tdy or control, or he may sue them for the same. 141. No distress levied by virtue of this or the Special Distress not Act, or any Act incorporated therewith, shall be deemed un- u nlaw ful for lawful, nor shall any party making the same be deemed a wan ° onu ' 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 ah Initio on account of any irregularity afterwards com- mitted 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. 142. No person shall be liable to the payment of any Penalties to penalty or forfeiture imposed by virtue of this or the Special be sued for Act, or any Act incorporated therewith, for any offence made J n | ) t n 1 t 1 n 1 , six cognizable before a justice, unless the complaint respecting such offence shall have been made before such justice within six months next after the commission of such offence. 143. It shall be lawful for any justice to summon any Penalty on person to appear before him as a witness in any matter in wttoeaes which such justice shall have jurisdiction, under the pro- ^"faim. visions of this or the Special Act, at a time and place men- tioned in such summons, and to administer to him an oath to testify the truth in such matter; and if any person so summoned shall, without reasonable excuse, refuse or neglect 318 APPENDIX. — 8 YlCT. C. 18. Form of con- viction. Proceedings not to be quashed for want of form. Parties al- lowed to appeal to quarter ses- sions on giv- ing security. Court to make such order as they think reason- able. Receiver of the metropo- litan police district to receive pe- nalties in- curred within his district. to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be ex- amined upon oath, or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence. 144. The justices before whom any person shall be con- victed of any offence against this or the Special Act, or any Act incorporated therewith, may cause the conviction to be drawn up according to the form in the Schedule (C.) to this Act annexed. 145. No proceeding in pursuance of this or the Special Act, or any Act incorporated therewith, shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior courts. 146. If any party shall feel aggrieved by any determina- tion or adjudication of any justice with respect to any penalty or forfeiture, under the provisions of this or the Special Act, or any Act incorporated therewith, such party may appeal to the general quarter sessions for the county or place in which the cause of appeal shall have arisen ; but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon. 147. At the quarter sessions for which such notice shall be given, the court shall proceed to hear and determine the appeal in a summary 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 ad- judication, 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 adju- dication and of the appeal, as they may think reasonable. 148. Provided always, and be it enacted, That, notwith- standing anything herein or in the Special Act, or any Act incorporated therewith, contained, every penalty or forfeiture imposed by this or the Special Act, or any Act incorporated therewith, or by any bye-law in pursuance thereof, in respect of any offence which shall take place within the metropolitan police district, shall be recovered, enforced, accounted for, and, except where the application thereof is otherwise spe- cially provided for, shall be paid to the receiver of the me- tropolitan police district, and shall be applied in the same manner as penalties or forfeitures, other than fines upon LANDS CLAUSES CONSOLIDATION ACT. 319 drunken persons, or upon constables for misconduct, or for assaults upon police constables, are directed to be recovered, enforced, accounted for, paid and applied by an act passed in the third year of the reign of her present Majesty, inti- tuled " An Act for regulating the Police Courts in the Me- 2 & 3 Vict. tropolis," and every order or conviction of any of the police c - "• 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 even- magistrate by whom any order or conviction shall have been made shall have the same power of bind- ing over the witnesses who shall have been examined, and such witnesses shall be entitled to the same allowance of expenses as he or 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. 149. And be it enacted, That any person who, upon any Persons examination upon oath under the provisions of this or the B*jing false Special Act, or any Act incorporated therewith, shall wilfully ^ig"^ and corruptly give false evidence, shall be liable to the penalties of penalties of wilful and corrupt perjury. perjury. And with respect to the provision to be made for affording access to access to the Special Act by all parties interested, be it enacted Special Act. as follows : 150. The company shall, at all +imes after the expiration of Copies of six months after the passing of the Special Act, keep in their Special Act to principal office of business a copy of the Special Act, printed l ' e k *?il? nd by the printers to her Majesty, or some of them ; and where and allowed the undertaking shall be a railway, canal, or other like under- to be in- taking, the works of which shall not be confined to one town spected. or place, shall also, within the space of such six months, deposit in the office of each of the clerks of the peace of the several counties into which the works shall extend a copy of such Special Act so printed as aforesaid ; and the said clerks of the peace shall receive, and they and the company respectively shall retain, the said copies of the Special Act, and shall permit all persons interested to inspect the same and make extracts or copies therefrom, in the like manner and upon the like terms, and under the like penalty for default, as is pro- vided in the case of certain plans and sections, by an Act " Will. 4 & passed in the first year of the reign of her present Majesty, 1 ^ ict - c - 83 - intituled "An Act to compel Clerks of the Peace for Counties, and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing ( )rdcrs of either House of Parliament." 151. If the company shall fail to keep or deposit, as here- Penalty on inbefore mentioned, any of the said copies of the Special (- "»;r«""y Act, they shall forfeit twenty pounds for ever}- such offence, k :i f .' ep "o r j e _ and also five pounds for every day afterwards during which posit, such copy shall be not so kept or deposited. .320 appendix. — 8 Vict. c. 18. 152. And be it enacted, That this Act shall not extend to Scotland. 153. And be it enacted, That this Act may be amended or amended this repealed by any Act to be passed in the present session of Parliament. Act not to extend to Scotland. Act may be session. Schedules eefeeked to in the foeegoing Act. Schedule (A.) Form of Conveyance. I, , of , in consideration of the sum of , paid to me [or , as the ease may be], into the Bank of England [or Bank of Ireland], in the name and with the privity of the accountant-general of the Court of Chancery, ex parte "The promoters of the undertaking" [naming them], [or to A. B., of , and C. J)., of , two trustees appointed to receive the same], pursuant to the [here name the Special Act], by the [here name the company, or other promoters of the undertaking], incorporated [or constituted] by the said Act, do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to he conveyed], together with all ways, rights, and appurtenances thereto belonging, and all such estate, right, title, and interest in and to the same as I am or shall become seised or possessed of, or am by the said Act em- powered to convey, to hold the premises to the said com- pany [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act. In witness whereof I have hereunto set my hand and seal, the day of , in the year of our Lord Schedule (B.) Form of Conveyance on Chief Rent. I, , of , in consideration of the rent-charge to be paid to me, my heirs and assigns, as hereinafter mentioned, by " the promoters of the undertaking" [naming them], in- corporated [or constituted] by virtue of the [here name the special act], do hereby convey to the said company [or other description], their successors and assigns all [de- scribing the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all my estate, right, title, and interest in and to the same and every part thereof, to hold the said premises to the said com- pany [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act, they the said company [or other description,], their LANDS CLAUSES CONSOLIDATION ACT. 32 1 successors and assigns, yielding and paying unto me, my heirs and assigns, one clear yearly rent of , by equal quarterly [or half-yearly, as agreed upon"] portions, henceforth, on the [stating the days'], clear of all taxes and deductions. In witness whereof I hereunto set my hand and seal, the day of , in the year of our Lord Schedule (C.) Form of Conviction. to wit. Be it remembered, that, on the day of , in the year of our Lord , A. B. is convicted before us, C, D., two of her Majesty's justices of the peace for the county of , [here describe the offence generally, and the time and place when and where committed], contrary to the \_here name the Special Act}. Given under our hands and seals the day and year first above written. C. D. 8 Vict. Cap. 20. An Act for Consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways. [8th May, 1845. Whereas it is expedient to comprise in one general Act sundry provisions usually introduced into Acts of Parliament authorizing the construction of railways, and that, as well for the purpose of avoiding the necessity of repeating such pro- visions in each of the several Acts relating to such under- takings, as for ensuring greater uniformity in the provisions themselves ; and whereas a bill is now pending in Parliament, intituled " An Act for consolidating in one Act certain Pro- visions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature," and which is intended to be called " The Lands Clauses Consolidation Act, 18-45:" May it therefore please your Majesty that it may be enacted, and be it enacted, &c, That this Act shall Operation of apply to every railway which shall by an Act which shall this Ac ' hereafter be passed be authorized to be constructed, and this nulfrTraU- Act shall be incorporated with such Act ; and all the clauses ways, and provisions of this Act, save so far as they shall be ex- pressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of even- other Act which shall be in- P5 322 APPENDIX. — 8 YlCT. C. 20. Interpreta- tions in THIS Act. " special act :" " prescribed :" " the lands :" " the under- taking.'' Interpreta- tions in this and the Sspecial Act : number: gender : " lands :" "lease :" " toll :" ' superior courts :" " county :" " the she- riff :" corporated with such act, form part of such Act, and be con- strued together therewith as forming one Act. And with respect to the construction of this Act and of other Acts to be incorporated therewith, be it enacted as follows : 2. The expression " the Special Act," used in this Act, shall be construed to mean any Act which shall be hereafter passed authorizing the construction of a railway, 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 lands " shall mean the lands which shall by the Special Act be authorized to be taken or used for the purposes thereof ; and the expression "the undertaking" shall mean the railway and works, of whatever description, by the Special Act authorized to be executed. 3. 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" shall include messuages, lands, tene- ments, and hereditaments of any tenure: The word " lease" shall include an agreement for a lease : The word " toll" shall include any rate or charge or other payment payable under the Special Act for any passen- ger, animal, carriage, goods, merchandize, articles, mat- ters, or things conveyed on the railway: The word "goods" shall include things of every kind conveyed upon the railway: The word " month" shall mean calendar month: The expression " superior courts" shall mean her Majesty's superior courts of record at Westminster or Dublin, as the case may require: The word " oath" shall include affirmation in the case of Quakers, or other declaration lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath : 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 word "sheriff" shall include under-sheriff or other legally competent deputy; and where any matter in rela- tion to any lands is required to be done by any sheriff RAILWAYS CLAUSES CONSOLIDATION ACT. 323 or clerk of the peace, the expression " the sheriff," or the expression " the clerk of the peace," shall in such " the clerk of case be construed to mean the sheriff or the clerk of the the peace : " 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 expres- sion 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 : The word "justice" shall mean justice of the peace acting "justice:" for the county, city, borough, liberty, cinque port, or place where the matter requiring the cognizance of any such justice shall arise, and who sball 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 county, city, borough, liberty, cinque port, or place, shall mean a justice acting for the county, city, borough, liberty, cinque port, 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 j ustices, the expression " two justices" shall be understood " two jus- to mean two justices assembled and acting together : ticis : " Where, under the provisions of this or the Special Act, "owner:" any notice shall be required to be given to the owner of any lands, or where any Act shall be authorized or re- quired 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, or any Act incorporated therewith, would be enabled to sell and convey lauds to the com- pany : The expression " the company" shall mean the company " the com- or party which shall be authorized by the Special Act to P*"^ : " construct the railway : The expression " the railway" shall mean the railway and « the rail- works by the Special Act authorized to be constructed; way:" The expression " the Board of Trade" shall mean the " Board of lords of the committee of her Majesty's Privy Council Trade:" appointed for Trade and Foreign Plantations : The expression " the bank" shall mean the Bank of " the bank :" England where the same shall relate to monies to be paid or deposited in respect of lands situate in England ; and sball mean the Bank of Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Ireland : The expression "turnpike road" shall, when applied to "turnpike any road in Ireland, include any road upon which her road," Ire- Majesty's mails are or shall be earned in mail carriages ; land : or such other roads as the Commissioners of Public Works in Ireland shall consider to require arches of 324 appendix. — 8 Vict. c. 20. " surveyor," Ireland : " overseers of the poor," Ireland. Short title of the Act. Form in which por- tions of this Act may be incorporated in other Acts, greater width or height than hy this Act is required for public carriage roads : The expression " surveyor," applied to a road or highway, shall, as to railways in Ireland, include the county sur- veyor : The expression " overseers of the poor," when applied to Ireland, shall include the poor-law guardians of the electoral division and the clerk of the guardians of the union through which such railway may pass. 4. And be it enacted, That, in citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression " The Railways Clauses Consolidation Act, 1845." 5. And whereas it may be convenient in some eases to in- corporate with Acts 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 incorpo- rated (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 there- upon 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 sub- stance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate. Construc- tion of Railway. The construc- tion of the railway to be subject to the provisions of this act and the Lands Clauses Con- solidation Act. And with respect to the Construction of the Railway and the Works connected therewith, lie it enacted as follows : 6. 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 Clauses Consolidation Act ; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the rail- way, or injuriously affected by the (^njstxuj^ionjjiwetff , full compcnsaTinn 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 incor- porated therewith, vested in the company; and except where otherwise provided by this or the Special Act, the amount of such compensation shall be ascertained and determined in the manner provided by the said Lands Clauses Consolidation Act, for determining questions of compensation with regard to lands purchased or taken under the provisions thereof ; and all the provisions of the said last-mentioned Act shall be applicable to determining the amount of any such compen- sation, and to enforcing the payment or other satisfaction thereof. RAILWAYS CLAUSES CONSOLIDATION ACT. 325 7. If any omission, mis-statement, or erroneous description Errors and shall have been made of any lands, or of the owners, lessees omissions in or occupiers of any lands described on the plans or books of L—gJL e reference mentioned in the Special Act, or in the schedule to the Special Act, it shall be lawful for the company, after giving ten days' notice to the owners of the lands affected by such proposed correction, to apply to two justices for the correction thereof; and if it shall appear to such justices that such omission, mis-statement or erroneous description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, and in what respect any such matter shall have been mis-stated or erroneously described ; and such cer- tificate shall be deposited with the clerks of the peace of the several counties in which the lands affected thereby shall be situate, and shall also be deposited with the parish clerks of the several parishes in England, and with the postmasters of the post-towns in or nearest to such parishes in Ireland, in which the lands affected thereby shall be situate; and such certificate shall be kept by such clerks of the peace, parish clerks and postmasters respectively along with the other documents to which they relate ; and thereupon such plan, book of reference or schedule shall be deemed to be corrected according to such certificate ; and it shall be lawful for the company to make the works in accordance with such certificate. 8. It shall not be lawful for the company to proceed in the Works not execution of the railway unless they shall have, previously to to be pro- the commencement of such work, deposited with the clerks of ^j" 1 ,^ 11 the peace of the several counties in or through which the „f :i n aitera- railway is intended to pass, a plan and section of all such tions autho- alterations from the original plan and section as shall have ™ zec ! h ? been approved of by Parliament, on the same scale and con- havfTbeen taining the same particulars as the original plan and section deposited. of the railway, and shall also have deposited with the clerks of the several parishes in England, and the postmasters of the post-towns in or nearest to such parishes in Ireland, in or through which such alterations shall have been authorized to be made, copies or extracts of or from such plans or sections as shall relate to such parishes respectively. 9. The said clerks of the peace, parish clerks and post- Clerks of the masters shall receive the said plans and sections of altera- P^e- Ac- tions, and copies and extracts thereof respectively, and shall pian^oVnite- retain the same, as well as the said original plans and sections, rations, and and shall permit all persons interested to inspect any of the aUow inspec- documents aforesaid, and to make copies and extracts of and tlon ' from the same, in the like manner, and upon the like terms, and under the like penalty for default, as is provided in the case of the original plans and sections by an Act passed in the first year of the reign of her present Majesty, intituled " An Act to compel Clerks of the Peace for Counties and 7 WHL 4 & other Persons to take the Custody of such Documents as ! Vict - c - 88- 326 appendix. — 8 Vict. c. 20. Copies of plans, &c. to be evidence. Limiting deviation from datum line described on sections, &c. Public notice to be given previous to making greater devi- ations. shall be directed to be deposited with them under the Stand- ing Orders of either House of Parliament." 10. True copies of the said plans and books of reference, or of any alteration or correction thereof, or extract there- from, certified by any such clerk of the peace, which certifi- cate such clerk of the peace shall give to all parties interested, when required, shall be received in all courts of justice or elsewhere as evidence of the contents thereof. 11. In making the railway, it shall not be lawful for the company to deviate from the levels of the railway as referred to the common datum line described in the section approved of by Parliament, and as marked on the same, to any extent exceeding in emj place five feet, or, in passing through a town, village, street, or land continuously built upon, two feet, without the previous consent in writing of the owners and occupiers of the land in which such deviation is intended to be made ; or, in case any street or public highway shall be affected by such deviation, then the same shall not be made without the like consent of the trustees or commis- sioners having the control of such street or public highway, or, if there be no such trustees or commissioners, without the like consent of two or more justices of the peace in petty sessions assembled for that purpose, and acting for the dis- trict in which such street or public highway may be situated, or without the like consent of the commissioners for any public sewers, or the proprietors of any canal, navigation, gasworks, or waterworks affected by such deviation : Pro- vided always, that it shall be lawful for the company to deviate from the said levels to a further extent without such consent as aforesaid, by lowering solid embankments or viaducts, provided that the requisite height of headway as prescribed by Act of Parliament be left for roads, streets, or canals passing under the same: Provided also, that notice of every petty sessions to be holdcn for the purpose of ob- taining such consent of two justices as is hereinbefore required shall, fourteen days previous to the holding of such petty sessions be given in some newspaper circulating in the county, and also be affixed upon the door of the parish church in which such deviation or alteration is intended to be made, or, if there be no church, some other place to which notices are usually affixed. 12. Before it shall be lawful for the company to make any greater deviation from the level than five feet, or, in any town, village, street, or land continuously built upon, two feet, after having obtained such consent as aforesaid, it shall be incumbent on the company to give notice of such intended deviation by public advertisement, inserted once at least in two newspapers, or twice at least in one newspaper circulating in the district or neighbourhood where such deviation is intended to be made, three weeks at least before commencing to make such deviation ; and it shall be lawful for the owner of any lands prejudicially affected thereby, at any time be- fore the commencement of the making of such deviation, to RAILWAYS CLAUSES CONSOLIDATION ACT. 327 apply to the Board of Trade, after giving ten days' notice to Power to the the company, to decide whether, having regard to the in- ow ."? r ? of terests of such applicants, such proposed deviation is proper ]an ^ 8 10 to be made ; and it shall be lawful for the Board of Trade, appeal to the if they think fit, to decide such question accordingly, and by ^ oard of . their certificate in writing either to disallow the making of guchdevia" 8 such deviation, or to authorize the making thereof, either tkms. simply or with any such modification as shall seem proper to the Board of Trade ; and after any such certificate shall have been given by the Board of Trade, it shall not be lawful for the company to make such deviation, except in conformity with such certificate. 13. Where in any place it is intended to carry the railway Arches, tun- on an arch or arches or other viaduct, as marked on the said nels. &c. to be plan or section, the same shall be made accordingly; and marked on where a tunnel is marked on the said plan or section as in- deposited tended to be made at any place, the same shall be made plans, accordingly, unless the owners, lessees, and occupiers of the land in which such tunnel is intended to be made shall con- sent that the same shall not be so made. 14. It shall not be lawful for the company to deviate from Limiting de- or alter the gradients, curves, tunnels, or other engineering viatipns from works described in the said plan or section, except within S^SjjJ 1 &' c the following limits, and under the following conditions, (that is to say,) Subject to the above provisions in regard to altering levels, it shall be lawful for the company to diminish the in- clination or gradients of the railway to any extent, and to increase the said inclination or gradients as follows : (that is to say,) in gradients of an inclination not ex- ceeding one in a hundred, to any extent not exceeding ten feet per mile, or to any further extent which shall be certified by the Board of Trade to be consistent with the public safety, and not prejudicial to the public in- terest ; and in gradients of or exceeding the inclination of one in a hundred, to any extent not exceeding three feet per mile, or to any further extent which shall be so certified by the Board of Trade as aforesaid. It shall be lawful for the company to diminish the radius of any curve described in the said plan to any extent which shall leave a radius of not less than half a mile, or to any further extent authorized by such certificate as aforesaid from the Board of Trade. It shall be lawful for the company to make a tunnel, not marked on the said plan or section, instead of a cutting, or a viaduct instead of a solid embankment, if authorized by such certificate as aforesaid from the Board of Trade. 15. It shall be lawful for the company to deviate from Lateral de- the line delineated on the plans so deposited, provided that viations. no such deviation shall extend to a greater distance than the limits of deviation delineated upon the said plans, nor to a greater extent in passing through a town, village, or lands continuously built upon than ten yards, or elsewhere to a 328 appendix. — 8 Vict. c. 20. Works to be executed. Inclined planes, &c. Alteration of course of rivers, &c. Drains, &c. Warehouses, &c. Alterations and repairs. General power. Proviso as to damages. greater extent than one hundred yards from the said line, and that the railway by means of such deviation be not made to extend into the lands of any person, whether owner, lessee or occupier, whose name is not mentioned in the books of reference, without the previous consent in writing of such person, unless the name of such person shall have been omitted by mistake, and the fact that such omission pro- ceeded from mistake shall have been certified in manner herein or in the Special Act provided for in cases of unin- tentional errors in the said books of reference. 16. Subject to the provisions and restrictions in this and the Special Act, and any Act incorporated therewith, it shall be lawful for the company, for the purpose of constructing the railway, or the accommodation works connected therewith, hereinafter mentioned, to execute any of the following works ; (that is to say,) They may make or construct in, upon, across, under or over any lands, or any streets, hills, valleys, roads, railroads or tramroads, rivers, canals, brooks, streams, or other waters, within the lands described in the said plans, or mentioned in the said books of reference or any correction thereof, such temporary or permanent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings, and fences as they think proper ; They may alter the course of any rivers not navigable, brooks, streams, or watercourses, and of any branches of navigable rivers, such branches not being themselves navigable, within such lands, for the purpose of con- structing and maintaining tunnels, bridges, passages or other works over or under the same, and divert or alter as well temporarily as permanently, the course of any such rivers or streams of water, roads, streets or ways, or raise or sink the level of any such rivers or streams, roads, streets or ways, in order the more conveniently to carry the same over or under or by the side of the railway, as they may think proper ; They may make drains or conduits into, through, or under any lands adjoining the railway, for the purpose of con- veying water from or to the railway ; They may erect and construct such houses, warehouses, offices and other buildings, yards, stations, wharfs, en- gines, machinery, apparatus, and other works and con- veniences as they think proper ; They may from time to time alter, repair, or discontinue the before-mentioned works, or any of them, and substitute others in their stead ; and They may do all other acts necessary for making, main- taining, altering or repairing, and using the railway: Provided always, that, in the exercise of the powers by this or the Special Act granted, the company shall do as little damage as can be, and shall make full satisfaction in manner herein, and in the Special Act, and any Act incorporated RAILWAYS CLAUSES CONSOLIDATION ACT. 329 therewith, provided, to all parties interested, for all damage by them sustained by reason of the exercise of such powers. 17. It shall not be lawful for the company to construct on Works below the shore of the sea, or of any creek, bay, arm of the sea, or maj^^to navigable river communicating therewith, where and so far be' executed up the same as the tide flows and re-flows, any work, or to without the construct any railway or bridge across any creek, bay, arm of consent of the the sea, or navigable river, where and so far up the same as Admiralty, the tide flows and re-flows, without the previous consent of her Majesty, her heirs and successors, to be signified in writing under the hands of two of the commissioners of her Majesty's woods, forests, land revenues, works, and buildings, and of the lord high admiral of the united kingdom of Great Britain and Ireland, or the commissioners for executing the office of lord high admiral aforesaid for the time being, to be signified in writing under the hand of the secretary of the admiralty, and then only according to such plan, and under such re- strictions and regulations, as the said commissioners of her Majesty's woods, forests, land revenues, works, and buildings, and the said lord high admiral, or the said commissioners, may approve of, such approval being signified as last afore- said ; and where any such work, railway or bridge shall have been constructed, it shall not be lawful for the company at any time to alter or extend the same without obtaining pre- viously to making any such alteration or extension, the like consents or approvals ; and if any such work, railway or bridge shall be commenced or completed contrary to the provisions of this Act, it shall be lawful for the said commissioners of her Majesty's woods, forests, land revenues, works and build- ings, or the said lord high admiral, or the said commissioners for executing the office of lord high admiral, to abate and remove the same, and to restore the site thereof to its former condition at the cost and charge of the company ; and the amount thereof may be recovered in the same manner as a penalty is recoverable against the company. 18. It shall be lawful for the company, for the purpose of Alteration of constructing the railway, to raise, sink or otherwise alter the water and position of any of the watercourses, water pipes, or gas pipes gas pipes ' belonging to any of the houses adjoining or near to the rail- way, and also the mains and other pipes laid down by any company or society who may furnish the inhabitants of such houses or places with water or gas, and also to remove all other obstructions to such construction, so as the same respec- tively be done with as little detriment and inconvenience to such company, society or inhabitants as the circumstances 'will admit, and be done under the superintendence of the company to which such water pipes or gas pipes belong, and of the several commissioners or trustees, or persons having control of the pavements, sewers, roads, streets, highways, lanes and other public passages and places within the parish or district where such mains, pipes or obstructions shall be situate, or of their surveyor if they or he think fit to attend, after receiving not less than forty-eight hours' notice for that pm-pose. 330 appendix. — 8 Vict. c. 20. Company not to disturb pipes until they have laid down others. Pipes not to be laid contrary to any act, and 18 inches surface road to be re- tained. Company to make good all damage. When rail- way crosses pipes, com- pany to make a cul- vert. Penalty for obstructing supply of gas or water. Penalty for obstructing construction of railway. 19. Provided always, That it shall not be lawful for the company to remove or displace any of the mains or pipes (other than private service pipes), syphons, plugs or other works belonging to any such company or society, or to do any- thing to impede the passage of water or gas into or through such mains or pipes, until good and sufficient mains or pipes, syphons, pings and all other works necessary or proper for continuing the supply of water or gas as sufficiently as the same was supplied by the mains or pipes proposed to be re- moved or displaced, shall, at the expense of the company, have been first made and laid down in lieu thereof, and be ready for use, in a position as little varying from that of the pipes or mains proposed to be removed or displaced as may be consistent with the construction of the railway, and to the satisfaction of the surveyor or engineer of such water or gas company or society, or, in case of disagreement between such surveyor or engineer and the company, as a justice shall direct. 20. It shall not be lawful for the company to lay down any such pipes contrary to the regulations of any Act of Parlia- ment relating to such water or gas company or society, or to cause any road to be lowered for the purposes of the railway, without leaving a covering of not less than eighteen inches from the surface of the road over such mains or pipes. 21. The company shall make good all damage done to the property of the water or gas company or society, by the dis- turbance thereof, and shall make full compensation to all parties for any loss or damage which they may sustain by reason of any interference with the mains, pipes or works of such water or gas company or society, or with the private service pipes of any person supplied by them with water. 22. If it shall be necessary to construct the railway or any of the works over any mains or pipes of any such water or gas company or society, the company shall, at their own ex- pense, construct and maintain a good and sufficient culvert over such main or pipe, so as to leave the same accessible for the purpose of repairs. 23. If by any such operations as aforesaid the company shall interrupt the supply of any water or gas, they shall for- feit twenty pounds for every day that such supply shall be so interrupted, and such penalty shall be appropriated to the benefit of the poor of the parish in which such obstruction shall occur, in such manner as the overseers of the poor of the parish shall direct. 24. If any person wilfully obstruct any person acting under the authority of the company in the lawful exercise of their power, in setting out the line of the railway, or pull up or remove any poles or stakes driven into the ground for the purpose of so setting out the line of the railway, or deface or destroy any marks made for the same purpose, he shall forfeit a sum not exceeding five pounds for every such offence. RAILWAYS CLAUSES CONSOLIDATION ACT. 331 And whereas there are large tracts of land in Ireland drninage op subject to flood and injury by water, and the rivers, streams Lands. and watercourses are in many places obstructed by shoals, insufficient bridges, culverts, weirs and other works, whereby the waters thereof are elevated above their natural level : and whereas an Act of Parliament was passed in the second year of the reign of his late Majesty King William the Fourth, intituled " An Act to empower Landed Proprietors in Ireland 1 & 2 \v. 4, to sink, embank and remove Obstructions in Rivers:" and c - 57 - whereas another Act was passed in the sixth year of the reign of her present Majesty, intituled " An Act to promote the 5 & 6 Vict. Drainage of Lands, and Improvement of Navigation and c. 89. Water Power in connection with such Drainage in Ireland;" and by the said last-mentioned Act public commissioners were appointed to carry the said last-recited Act into execu- tion : and whereas it is essential, for carrying into effect the purposes of the said Acts, and for the improvement of agri- culture, that ample provision be made in all railway works in Ireland, for the free and uninterrupted passage of the waters at such level as will be sufficient not only for the pre- sent but all future discharge of the waters from lands crossed by or being on either side of such works, and that the bridges of railways crossing all watercourses, rivers, lakes or estuaries which are or hereafter may be made navigable, shall be so constructed as to admit of the commodious navigation of the same : therefore, with respect to the provision to be made for the drainage of land in Ireland which may be crossed by the railway, and for the protection of the navigation con- nected therewith, be it enacted as follows : 25. If the Special Act shall authorize the construction of The company a railway in Ireland, the company shall and they are hereby f ™m tirae t0 required, from time to time, before proceeding to construct m^to^ne any portion of the railway, to submit to the commissioners drainage acting in execution of the said Act of the sixth year of her commission- present Majesty, or any Act amending the same, such plans, j*j* in ^ lai J (l sections and surveys as shall be necessary to enable the said the portion commissioners to decide upon the number and adequacy of of the rail- the waterways of all bridges, culverts, tunnels, watercourses J™& which and other works across the line of such portion as aforesaid au0 ut l to of the railway, for the free and uninterrupted discharge of execute, the waters from all lands crossed by or lying on either side of or near the railway, at such level as shall, in the opinion of the said commissioners, be sufficient for the present and prospective drainage and improvement of such lands, and (in cases of rivers, lakes, estuaries or watercourses which are now or may be capable of being made navigable) upon the height and adequacy of all bridges and works crossing the same for the commodious navigation thereof. 26. The said commissioners shall, and they are hereby re- Such com- quired, without any unnecessary delay, to investigate, by such missioners means as to them shall seem "fit, the adequacy of all such —fe^ 41 " works for such purposes as aforesaid, and to decide and report on certify, by a writing under their hands, or the hands of any the works 332 APrENDix.— 8 Vict. c. 20. necessary for drainage. Summary application to the Court of Chancery to enforce the execution of such works. Saving of the powers of the drainage commis- sioners. two of them, the number, situation and least possible dimen- sions as to breadth, depth and height of the several openings of such bridges, culverts, tunnels or other works connected with such portion of the railway as aforesaid, which shall be necessary for the passage of water or for navigation under or across such railway; and it shall not be lawful for the com- pany to proceed with the execution of any of the works con- nected with any portion of the railway without having first obtained such a certificate as aforesaid respecting such portion of the railway, under the hands of the said commissioners, or any two of them as aforesaid ; nor shall the company be at liberty to deviate from such certificate in respect to such works, nor to execute the same otherwise than in conformity therewith, without the previous approbation in writing of the said commissioners. 27. It shall be lawful for the said commissioners to apply by petition in a summary way to the Court of Chancery, complaining of any omission on the part of the company to submit such plans, sections and surveys to the said commis- sioners as aforesaid, or of the omission to construct any such bridge, culvert, tunnel or other works for the passage of water, in such manner as shall be so certified by the said commissioners ; and thereupon it shall be lawful for the said court to direct such works to be made or constructed by the company in such manner as shall be conformable to the cer- tificate of the said commissioners, and to the said court shall seem necessary or proper, and to make from time to time such further or other order for restraining the company or any other persons from proceeding with any of the works con- nected with such portion of railway, except in conformity with the certificate of the said commissioners, and to issue any writ of injunction for the purpose aforesaid; and such court shall have power to award costs to be paid by such company or persons. 28. Nothing in this or the Special Act shall extend or be construed to prejudice or affect the powers or authorities of the commissioners acting in execution of the said Act of the sixth year of her present Majesty, but all such powers shall be in full force as to the formation of any cut, river or water- course across the railway ; but such powers shall not be exer- cised so as to prevent or obstruct the working or using of the The drainage commission- ers in Ireland to have power to de- cide ques- tions as to the execu- tion of works or to exe- cute works for carrying watercourses across the railway. 29. And whereas it is expedient to encourage the estab- lishment of manufactories to be worked by water power in Ireland : be it therefore enacted, That whenever it may be requisite for the formation of a watercourse for manufacturing purposes to construct an arch, culvert, tunnel or watercourse beneath, or an aqueduct above, any railway in Ireland, and that differences shall have arisen between the directors of such railway and the person interested in obtaining the water power, either as to the manner in which such works shall be executed, or the amount of compensation which should be paid, it shall be lawful to refer the questions in issue to the RAILWAYS CLAUSES CONSOLIDATION ACT. 333 commissioners acting under the said recited Act of the fifth and sixth years of the reign of her Majesty Queen Victoria, and their decision thereon shall be final and conclusive ; and if the said commissioners shall be of opinion that the proposed works can be executed without injury to the railway, and if they shall think proper so to do, they may undertake the exe- cution of so much of the said works as shall be in connection with such railway, at the expense of the parties for whose benefit the watercourse shall be made, with the same powers and authorities as are given by the said Act for the execution of any works for drainage. And with respect to the temporary occupation of lands Temporary near the railway during the construction thereof, be it enacted ^ t se 0F as follows : ' 30. Subject to the provisions herein and in the Special company Act contained, it shall be lawful for the company, at any may occupy time before the expiration of the period by the Special Act t ^ m .atl^! ^] 3 limited for the completion ef the railway, to enter upon and W ittiin five use any existing private road, being a road gravelled or hundred formed with stones or other hard materials, and not being an yards of the avenue or a planted or ornamental road, or an approach to ra way " any mansion-house, within the prescribed limits, if any, or, if no limits be prescribed, not being more than five hundred yards distant from the centre of the railway as delineated on the plans ; but, before the company shall enter upon or use any such existing road, they shall give three weeks' notice of their intention to the owners and occupiers of such road, and of the lands over which the same sball pass, and shall in such notice state the time during which, and the purposes for which, they intend to occupy such road, and shall pay to the owners and occupiers of such road, and of the lands through which the same shall pass, such compen- sation for the use and occupation of such road, either in a gross sum of money or by half-yearly instalments, as shall be agreed upon between such owners and occupiers respec- tively and the company, or, in case they differ about the compensation, the same shall be settled by two justices, in the same manner as any compensation not exceeding fifty pounds is directed to be settled by the said Lands Clauses Consolidation Act. 31. It shall be lawful for the owners and occupiers of any Power to such road, and of the lands over which the same passes, owners and within ten days after the service of the aforesaid notice, by °oad and 8 land notice in writing to the company to object to the company to object that making use of such road, on the ground that other roads, other roads such as the company are hereinbefore authorized to use for s n " uW ^ the purposes aforesaid, or that some public road, woidd be more fitting to be used for the same ; and upon the objection being so made such proceedings may be had as are hereinafter mentioned with respect to lands temporarily occupied by the company, in respect of which three weeks' notice is herein- after required to be given, and in the same manner as if, in 334 appendix. — 8 Vict. c. 20. Power to take tempo- rary posses- sion of land, without pre- vious pay- ment of price. Company to give notice the provisions relative to such proceedings, the word "road" or "roads," or the words " road and the land over which the same passes," as the case may require, had been substituted in such provisions for the word " lands." 32. Subject to the provisions herein and in the Special Act contained, it shall be lawful for the company at any time before the expiration of the period by the Special Act limited for the completion of the railway, without making any previous payment, tender or deposit, to enter upon any lands within the prescribed limits, or if no limits be pre- scribed, not being more than two hundred yards distant from the centre of the railway as delineated on the plans, and not being a garden, orchard or plantation attached or belong- ing to a house, nor a park, planted walk, avenue or ground ornamentally planted, and not being nearer to the mansion- house of the owner of any such lands than the prescribed distance, or if no distance be prescribed, then not nearer than five hundred yards therefrom, and to occupy the said lands so long as may be necessary for the construction or repair of that portion of the railway, or of the accommoda- tion works connected therewith, hereinafter mentioned, and to use the same for any of the following purposes ; (that is to say,) For the purpose of taking earth or soil by side cuttings therefrom ; For the purpose of depositing spoil thereon ; For the purpose of obtaining materials therefrom for the construction or repair of the railway or such accommo- dation works as aforesaid ; or For the purpose of forming roads thereon to or from or by the side of the railway : And in exercise of the powers aforesaid it shall be lawful for the company to deposit, and also to manufacture and work upon such lands materials of every kind used in con- structing the railway, and also to dig and take from out of any such lands any clay, stone, gravel, sand or other things that may be found therein useful or proper for constructing the railway or any such roads as aforesaid, and for the purposes aforesaid to erect thereon workshops, sheds and other buildings of a temporary nature : Provided always, that nothing in this Act contained shall exempt the company from an action for nuisance or other injury, if any, done in the exercise of the powers hereinbefore given, to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid : Provided also, that no stone or slate quarry, brick field or other like place, which, at the time of the passing of the Special Act, shall be commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the company, either wholly or in part, for any of the purposes lastly hereinbefore mentioned. 33. In case any such lands shall be required for spoil RAILWAYS CLAUSES CONSOLIDATION ACT. 335 banks or for side cuttings, or for obtaining materials for the previous to construction or repair of the railway, the company shall, sucn tempo- before entering thereon (except in the case of accident to sion. P ° SS the railway requiring immediate reparation) give three weeks' notice in writing to the owners and occupiers of such lands of their intention to enter upon the same for such purposes ; and in case the said lands are required for any of the other purposes hereinbefore mentioned, the company shall (except in the cases aforesaid) give ten days' like notice thereof, and the company shall, in such notices respectively, state the sub- stance of the provisions hereinafter contained respecting the right of such owner or occupier to require the company to purchase any such lands, or to receive compensation for the temporary occupation thereof, as the case may be. 34. The said notice shall either be served personally on Service of such owners and occupiers, or left at their last usual place of notices on abode, if any such can after diligent inquiry be found, and ^"upters'uf in case any such owner shall be absent from the United lauds. Kingdom, or cannot be found after diligent inquiry, shall also be left with the occupier of such lands, or if there be no such occupier, shall be affixed upon some conspicuous part of such lands. 35. In any case in which a notice of three weeks is here- Power to inbefore required to be given it shall be lawful for the owner owner to ob- or occupier of the lands therein referred to, within ten days ] tjV'ianfis after the service of such notice, by notice in writing to the ought to be company, to object to the company making use of such lands, taken, either on the ground that the lands proposed to be taken for the purposes aforesaid, or some part thereof, or of the mate- rials contained therein, are essential to be retained by such owner, in order to the beneficial enjoyment of other neigh- bouring lands belonging to him, or on the ground that other lands lying contiguous or near to those proposed to be taken would be more fitting to be used for such purposes by the company; and upon objection being so made such proceed- ings may be had as hereinafter mentioned. 36. If the objection so made be on the ground that the Power to two lands proposed to be taken, or some part thereof, or of the justices to materials contained therein, are essential to be retained by °£^ j^ 1 the the owner in order to the beneficial enjoyment of other materials neighbouring lands belonging to him, it shall be lawful for shall not any justice, on the application of such owner, to summon the be taken - company to appear before two justices at a time and place to be named in the summons, such time not being later than the expiration of the said twenty-one days' notice ; and on the appearance of the company, or, in their absence upon proof of due service of the summons, it shall be lawful for such justices to inquire into the truth of such ground of objection; and if it appear to such justices that for some special reason, to be stated in the order after mentioned, the lands so proposed to be taken, or any part thereof, or of the materials contained therein, are essential to be retained by the owner of such lands in order to the beneficial enjoyment 336 appendix. — 8 Vict. c. 20. Power to justices to order other lands to be taken. Power to the justices to summon other owners before them. The company to give sure- ties, if re- quired. of other neighbonriiig lands belonging to him, and onght not therefore to be taken or used by the company, it shall be lawful for such justices, by writing under their hands, to order that the lands so proposed to be taken, or some part thereof, or of the materials contained therein, to be specified in such order, shall not be taken or used by the company, and, after service of such order on the company, it shall not be lawful for them to take or use, without the previous con- sent in writing of the owner thereof, any of the lands or materials which by such order they are ordered not to take or use. 37. If the objection so made as aforesaid be on the ground that other lands lying contiguous to those proposed to be taken, and being sufficient in quantity, and such as the com- pany are hereinbefore authorized to use for the purposes aforesaid, would be more fitting to be used by the company, and if in such case the company shall refuse to occupy such other lands in lieu of those mentioned in the notice, it shall be lawful for any justice, on the application of such owner or occupier, to summon the company and the owners and occupiers of such other lands to appear before two justices at a time and place to be named in such summons, such time rtot being more than fourteen days after such application, nor less than seven days from the service of such summons ; and on the appearance of the parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such justices to determine summarily which of the said lands shall be used by the company for the purposes aforesaid, and to authorize the company to occupy and use the same accordingly. 38. If in the case last mentioned it shall appear to such justices, upon the inquiry before them, that the lands of any other party not summoned before them, being sufficient in quantity, and such as the company are hereinbefore autho- rized to take or use for the purposes aforesaid, would be more fitting to be used by the company than the lands of the person who shall have been so summoned as aforesaid, it shall be lawful for the said justices to adjourn such inquiry, and to summon such other person to appear before them at any time, not being more than fourteen days from such inquiry nor less than seven days from the service of such summons ; and on the appearance of the parties, or, in the absence of any of them, on proof of due service of the summons, it shall be lawful for such justices to determine finally which lands shall be used for the purposes aforesaid, and to authorize the company to occupy and use the same accordingly. 39. Before entering, under the provisions hereinbefore contained, upon any such lands as shall be required for spoil banks or for side cuttings, or for obtaining materials or forming roads as aforesaid, the company shall, if required by the owner or occupier thereof, seven days at least before the expiration of the notice to take such lands as hereinbefore mentioned, find two sufficient persons, to be approved of by RAILWAYS CLAUSES CONSOLIDATION ACT. 337 a justice, in case the parties differ, who shall enter into a bond to such owner or occupier, in a penalty of such amount as shall be approved of by such justice, in case the parties differ, conditioned for the payment of such compensation as may become payable in respect of the same in manner herein mentioned. 40. Before the company shall use any such lands for any company to of the purposes aforesaid, they shall, if required so to do by separate the the owner or occupier thereof, separate the same by a sum- !^* them 6 cient fence from the lands adjoining thereto, with such gates as may be required by the said owner or occupier for the convenient occupation of such lands, and shall also, to all private roads used by them as aforesaid, put up fences and gates in like manner, in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads, and in case of any difference between the owners or occupiers of such roads and lands and the company as to the necessity for such fences and gates, such fences and gates as any two magistrates shall deem necessary for the purposes aforesaid, on application being made to them in like manner as hereinbefore is provided in respect to the use of such roads. 41. That, if any land shall be taken or used by the com- Lands taken pany, under the provisions of this or the Special Act, for forgetting the purpose of getting materials therefrom for the construe- "'^worked tion or repair of the railway, or the accommodation works as the sur- connected therewith, they shall work the same in such manner veyor of as the surveyor or agent of the owner of such lands shall °wner mav direct, or, in case of disagreement between such surveyor or agent and the company, in such manner as any justice shall direct, on the application of either party, after notice of the hearing the application shall have been given to the other party. 42. In all cases in which the company shall, in exercise Owners of of the powers aforesaid, enter upon any lands for the purpose lands mav of making spoil banks or side cuttings thereon, or for obtain- jj"™? \ C p™~_ ing therefrom materials for the construction or repair of the chase lands railway, it shall be lawful for the owners or occupiers of such s0 tempora- lands, or parties having such estates or interests therein as, ril y°<* ll P ie d- under the provisions in the said Lands Clauses Consolidation Act mentioned, would enable them to sell or convey lands to the company, at any time during the possession of any such lands by the company, and before such owners or occupiers shall have accepted compensation from the company in re- spect of such temporary occupation, to serve a notice in writing on the company requiring them to purchase the said lands, or the estates and interests therein capable of being sold and conveyed by them respectively; and in such notice such owners or occupiers shall set forth the particulars of such their estate or interest in such lands, and the amount of their claim in respect thereof ; and the company shall there- upon be bound to purchase the said lands, or the estate and I. Q 338 APPENDIX. — 8 YlCT. C. 20. Compensa- tion to be made for tem- porary occu- pation. interest therein capable of being sold and conveyed by the parties serving such notice. 43. In any of the cases aforesaid, where the company shall not be required to purchase such lands, and in all other cases where they shall take temporary possession of lands by virtue of the powers herein or in the Special Act granted, it shall be incumbent on the company, within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensa- tion for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands, and shall also from time to time, during their occupa- tion of the said lands, pay half-yearly to such occupier or to the owner of the lands, as the case may require, a rent to be fixed by two justices, in case the parties differ, and shall also within six months after they shall have ceased to occupy the said lands, and not later than six months after the expiration of the time by the Special Act limited for the completion of the railway, pay to such owner and occupier, or deposit in the bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers herein, or in the Special Act granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. 44. The amount and application of the purchase-money and other compensation payable by the company in any of the cases aforesaid shall be determined in the manner pro- vided by the said Lands Clauses Consolidation Act for deter- mining the amount and application of the compensation to be paid for lands taken under the provisions thereof. lands for 45. And be it enacted, That it shall be lawful for the additional company, in addition to the lands authorized to be compul- sorily taken by them under the powers of this or the Special Act, to contract with any party willing to sell the same, for the purchase of any land adjoining or near to the railway, not exceeding in the whole the prescribed number of acres for extraordinary purposes, (that is to say,) Eor the purpose of making and providing additional sta- tions, yards, wharfs, and places for the accommodation of passengers, and for receiving, depositing, and loading or unloading goods or cattle to be conveyed upon the railway, and for the erection of weighing-machines, toll- houses, offices, warehouses and other buildings and conveniences ; For the purpose of making convenient roads or ways to the railway, or any other purpose which may be re- quisite or convenient for the formation or use of the railway. Compensa- tion to be ascertained under the Lands Clauses Act. Stations. Land to be taken for additional stations, &c. RAILWAYS CLAUSES CONSOLIDATION ACT. 339 And with respect to the crossing of roads, or other inter- Crossing of ference therewith, be it enacted as follows : co^truc 1 *- 46. If the line of the railway cross any turnpike road or TI0N 0P public highway, then (except where otherwise provided by bridges. the Special Act) either such road shall be carried over the - railway, or the railway shall be carried over such road, by ro r ° c ^ ing ° means of a bridge of the height and width, and with the ascent or descent, by this or the Special Act in that behalf provided ; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed, and at all times thereafter maintained, at the expense of the company : provided always, that, with the consent of two or more justices in petty sessions, as after mentioned, it shall be lawful for the company to carry the railway across any highway, other than a public carriage road, on the level. 47. If the railway cross any turnpike road or public car- Provision in riage road on a level, the company shall erect and at all times cases wnere maintain good and sufficient gates across such road, on each 'rossed'on a side of the railway, where the same shall communicate there- level, with, and shall employ proper persons to open and shut such gates, and such gates shall be kept constantly closed across such road on both sides of the railway, except during the time when horses, cattle, carts or carriages passing along the same shall have to cross such railway ; and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway ; and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts or carriages shall have passed through the same, under a penalty of forty shillings for every default therein : Provided always, that it shall be lawful for the Board of Trade, in any case in which they are satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should be kept closed across the railway, to order that such gates shall be kept so closed, instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the roads. 48. Where the railway crosses any turnpike road on a level As to crossing adjoining to a station, all trains on the railway shall be made of turnpike to slacken their speed before arriving at such turnpike road, [^t station" and shall not cross the same at any greater rate of speed than four miles an hour ; and the company shall be subject to all such rules and regulations, with regard to such cross- ings, as may from time to time be made by the Board of Trade. 49. Every bridge to be erected for the purpose of carrying Construction the railway over anv road shall (except where otherwise of "ridges • /-v o over roaJi - 340 appendix.— 8 Vict. c. 20. Construction of bridges over railway. The wiiith of the bridges need not ex- ceed the width of the road in cer- tain cases. provided by the Special Act) be built in conformity with the following regulations (that is to say), The width of the arch shall be such as to leave thereunder a clear space of not less than thirty-five feet if the arch be over a turnpike road, and of twenty-five feet if over a public caniage road, and of twelve feet if over a pri- vate road : The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road, and fifteen feet for a space of ten feet if over a public carriage road ; and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet : The clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private carriage road : The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a turnpike road, one foot in twenty feet if over a public carriage road, and one foot in sixteen feet if over a private carnage road, not being a tramroad or railroad, or, if the same be a tramroad or railroad, the descent shall not be greater than the prescribed rate of inclination, and, if no rate be prescribed, the same shall not be greater than as it existed at the passing of the Special Act. 50. Every bridge erected for carrying any road over the railway shall (except as otherwise provided by the Special Act) be built in conformity with the following regulations (that is to say,) There shall be a good and sufficient fence on each side of the bridge of not less height than four feet, and on each side of the immediate approaches of such bridge of not less than three feet : The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a turn- pike road, and twenty-five feet if a public caniage road, and twelve feet if a private road : The ascent shall not be more than one foot in thirty feet if the road be a turnpike road, one foot in twenty feet if a public carriage road, and one foot in sixteen feet if a private carriage road, not being a tramroad or railroad, or, if the same be a tramroad or railroad, the ascent shall not be greater than the prescribed rate of inclination, and, if no rate be prescribed, the same shall not be greater than as it existed at the passing of the Special Act. 51. Provided always, That, in all cases where the average available widtli for the passage of carriages of any existing roads within fifty yards of the points of crossing the same is less than the width hereinbefore prescribed for bridges over or under the railway, the width of such bridges need not be greater than such average available width of such roads, but RAILWAYS CLAUSES CONSOLIDATION ACT. 341 so, nevertheless, that such bridges be not of less width, in the case of a turnpike road or public carriage road, than twenty feet : Provided also, that, if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the company shall be bound, at their own expense, to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road, not exceeding the width of such road as so widened, or the maximum width herein or in the Special Act prescribed for a bridge in the like case over or under the railway. 52. Provided also, That, if the mesne inclination of any Existing in- road within two hundred and fifty yards of the point of clinationsof crossing the same, or the inclination of such portion of any ordiverted 6 road as may require to be altered, or for which another road need not be shall be substituted, shall be steeper than the inclination improved, hereinbefore required to be preserved by the company, then the company may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed, or of the road so requiring to be altered, or for which another road shall be substituted. 53. If, in the exercise of the powers by this or the Special Before roads Act granted, it be found necessary to cross, cut through, interfered raise, sink or use any part of any road, whether carriage toberabsti- road, horse road, tramroad or railway, either public or private, tuted. so as to render it impassable for or dangerous or extraordi- narily inconvenient to passengers or carriages, or to the per- sons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall at their own expense maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be. 54. If the company do not cause another sufficient road to Penalty for be so made before they interfere with any such existing road not snbstltut- as aforesaid, they shall forfeit twenty pounds for every day ing a road- during which such substituted road shall not be made after the existing road shall have been interrupted ; and such penalty shall be paid to the trustees, commissioners, surveyor or other person having the management of such road, if a public road, and shall be applied for the purposes thereof, or, in case of a private road, the same shall be paid to the owner thereof, and every such penalty shall be recoverable, with costs, by action in any of the superior courts. 55. If any party, entitled to a right of way over any road Party suffer- so interfered with by the company, shall suffer any special in s damage damage by reason that the company shall fail to cause another Ju^jolfof" sufficient road to be made before they interfere with the road to re- existing road, it shall be lawful for such party to recover cover in an the amount of such special damage from the company, with actl0n on ,lu ' costs, by action on the case in any of the superior courts, and 342 appendix.— 8 Vict. c. 20. Period for re- storation of roads inter- fered with. Penalty for failing to re- store road. Company to repair roads used by them. that whether any party shall have sued for such penalty as aforesaid or not, and without prejudice to the right of any party to sue for the same. 56. If the road so interfered with can be restored com- patibly with the formation and use of the railway, the same shall be restored to as good a condition as the same was in at the time when the same was first interfered with by the com- pany, or as near thereto as may be ; and if such road cannot be restored compatibly with the formation and use of the rail- way, the company shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition, equally convenient as the former road, or as near thereto as circumstances will allow ; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following periods after the first operation on the former road shall have been commenced, unless the trustees or parties having the management of the road to be restored, by writing under their hands, consent to an extension of the period, and, in such case, within such extended period ; (that is to say,) if the road be a turnpike road, within such six months, and, if the road be not a turnpike road, within twelve months. 57. If any such road be not so restored, or the substituted road so completed as aforesaid, within the periods herein or in the Special Act fixed for that purpose, the company shall forfeit to the trustees, c<" mmissioners, surveyor or other person having the management of the road interfered with by the company, if a public road, or, if a private road, to the owner thereof, five pounds for every day after the expiration of such periods respectively during which such road shall not be so restored, or the substituted road completed ; and it shall be lawful for the justices by whom any such penalty is im- posed to order the whole, or any part thereof, to be laid out in executing the work in respect whereof such penalty was incurred. 58. If, in the course of making the railway, the company shall use or interfere with any road, they shall from time to time make good all damage done by them to such road ; and if any question shall arise as to the damage done to any such road by the company, or as to the repair thereof by them, such question shall be referred to the determination of two justices; and such justices may direct such repairs to be made in the state of such road, in respect of the damage done by the company, and within such period as they think reason- able, and may impose on the company, for not carrying into effect such repairs, any penalty not exceeding five pounds per day, as to such justices shall seem just ; and such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the company, if a public road, and be applied for the purposes of such road, or, if a private road, the same shall be paid to the owner thereof: Provided always, that, in determining any such RAILWAYS CLAUSES CONSOLIDATION ACT. 343 question with regard to a turnpike road, the said justices .shall have regard to and shall make full allowance for any tolls that may have been paid by the company on such road in the course of the using thereof. 59. When the company shall intend to apply for the con- Proceedings sent of two justices, as hereinbefore provided, so as to autho- on application rize them to carry the railway across any highway other coraent^ 10 than a public carriage road on the level, they shall, fourteen ] eV el cross- days at least previous to the holding of the petty sessions ings of bridie- at which such application is intended to be made, cause ways and notice of such intended application to be given in some newspaper circulating in the county, and also to be affixed upon the door of the parish church of the parish in which such crossing is intended to be made, or, if there be no such church, some other place to which notices are usually affixed ; and if it appear to any two or more justices acting for the district in which such highway, at the proposed crossing thereof, is situate, and assembled in petty sessions, after such notice as aforesaid, that the railway can, consistently with a due regard to the public safety and convenience, be carried across such highway on the level, it shall be lawful for such justices to consent that the same may be so carried accord- ingly. 60. If either party shall feel aggrieved by the determina- Appeal tion of such justices upon any such application as aforesaid, against the it shall be lawful for such party, in like manner, and subject tion of the" to the like conditions as are hereinafter provided in the case justices, of appeals in respect of penalties and forfeitures, to appeal to the quarter sessions of the county or place in which the cause of appeal shall have arisen ; and it shall be lawful for the justices in such quarter sessions, upon the hearing of such appeal, either to confirm or quash the determination, or to make such other order in regard to the method of carry- ing the railway across such highway as aforesaid as to them shall seem fit, and to make such order concerning the costs both of the original application and of the appeal as to them shall seem reasonable. 61. If the railway shall cross any highway other than a Company to public carriage-way on the level, the company shall at their make suffi " own expense make and at all times maintain convenient p r0 achesand ascents and descents and other convenient approaches, with fences to handrails or other fences, and shall, if such highway be a bridleways bridleway, erect and at all times maintain good and sufficient cros/ing^on " 5 gates, and, if the same shall be a footway, good and sufficient the level. gates or stiles, on each side of the railway where the highway shall communicate therewith. t>2. If, where the railway shall cross any highway on the Justices to level, the company fail to make convenient ascents and de- have r iowcr scents or other convenient approaches, and such handrails, proachcVand fence, gates and stiles as they are hereinbefore required to fences to be make, it shall be lawful for two justices, on the application made 'obiph- of the surveyor of roads, or of any two householders within in^ontte 8 " the parish or district where such crossing shall be situate, level. 344 appendix. — 8 Vict. c. 20. Screens for Turnpike Roads. Screen for roads to be made, if re- quired by the Board of Trade. Penalty for failing to con- struct. Construc- tion of Bridges. Justices to have power to order re- pair of bridges, &c. after not less than ten days' notice to the company, to order the company to make such ascent and descent or other approach, or such handrails, fences, gates or stiles as afore- said, within a period to be limited for that purpose by such justices ; and, if the company fail to comply with such order, they shall forfeit five pounds for every day that they fail so to do; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such person as they think fit, in executing the work in respect whereof such penalty was incurred. 03. If the commissioners or trustees of any turnpike road, or the surveyor of any highway, apprehend danger to the passengers on such road in consequence of horses being frightened by the sight of the engines or carriages travelling upon the railway, it shall be lawful for such commissioners, or trustees, or surveyor, after giving fourteen days' notice to the company, to apply to the Board of Trade with respect thereto ; and if it shall appear to the said Board that such danger might be obviated or lessened by the construction of any works in the nature of a screen near to or adjoining the side of such road, it shall be lawful for them, if they shall think fit, to certify the works necessary or proper to be exe- cuted by the company for the purpose of obviating or lessen- ing such danger, and by such certificate to require the company to execute such works within a certain time after the service of such certificate, to be appointed by the said Board. 64. Where, by any such certificate as aforesaid, the com- pany shall have been required to execute any such work in the nature of a screen, they shall execute and complete the same within the period appointed for that purpose in such certificate ; and, if they fail so to do, they shall forfeit to the said commissioners, or trustees, or surveyor, five pounds for every day during which such works shall remain uncom- pleted beyond the period so appointed for their completion ; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred. G5. Where, under the provisions of this or the Special Act, or any Act incorporated therewith, the company are re- quired to maintain or keep in repair any bridge, fence, ap- proach, gate or other work executed by them, it shall be lawful for two justices, on the application of the surveyor of roads, or of any two householders of the parish or district where such work may be situate, complaining that any such work is out of repair, after not less than ten days' notice to the company, to order the company to put such work into complete repair within a period to be limited for that purpose by such justices; and, if the company fail to comply with RAILWAYS CLAUSES CONSOLIDATION ACT. 345 such order, they shall forfeit five pounds for every day that they fail so to do : and it shall be lawful for the justices by whom any suph penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such persons as they think fit, in putting such work into repair. 66. And whereas expense might frequently be avoided, Board of and public convenience promoted, by a reference to the Trade em- Board of Trade upon the construction of public works of an m0( jjfy the engineering nature connected with the railway, where a strict construction compliance with the provisions of this or the Special Act of certain might be impossible, or attended with inconvenience to the b ^ d ^g S & company, and without adequate advantage to the public ; be where a strict it enacted, That, in case any difference in regard to the con- compliance struction, alteration or restoration of any road or bridge, or ?'. th tne .^ ct other public work of an engineering nature, required by the ormconve- provisions of this or the Special Act, shall arise between the nient. company and any trustees, commissioners, surveyors or other persons having the control of or being authorized by law to enforce the construction of such road, bridge or work, it shall be lawful for either party, after giving fourteen days' notice in writing of their intention so to do to the other party, to apply to the Board of Trade to decide upon the proper manner of constructing, altering or restoring such road, bridge or other work ; and it shall be lawful for the Board of Trade, if they shall think fit, to decide the same accord- ingly, and to authorize, by certificate in writing, any arrange- ment or mode of construction in regard to any such road, bridge or other w-ork which shall appear to them either to be in substantial compliance with the provisions of this and the Special Act, or to be calculated to afford equal or greater accommodation to the public using such road, bridge or other w-ork; and after any such certificate shall have been given by the Board of Trade, the road, bridge or other work therein mentioned shall be constructed by the company in con- formity with the terms of such certificate, and, being so constructed, shall be deemed to be constructed in conformity with the provisions of this and the Special Act : Provided always, that no such certificate shall be granted by the Board of Trade unless they shall be satisfied that existing private rights or interests will not be injuriously affected thereby. 67. And be it enacted, That all regulations, certificates, Authentiea- notices, and other documents in writing purporting to be tion of certi- made or issued by or by the authority of the Board of Trade, S cat *f °/ tlie and signed by some officer appointed for that purpose by Trade service the Board of Trade, shall, for the purposes of this and the of notices, Special Act, and any Act incorporated therewith, be deemed &c - to have been so made and issued, and that without proof of the authority of the person signing the same, or of the signature thereto, which matters shall be presumed until the contrary be proved; and service of any such document by leaving the same at one of the principal offices of the rail- way company, or by sending the same by post addressed to the secretary at such office, shall be deemed good service Q 5 346 appendix. — 8 Vict. c. 20. upon the company ; and all notices and other documents required by this or the Special Act to be given to or laid before the Board of Trade shall be delivered -at, or sent by post addressed to, the office of the Board of Trade in London. Oates, bridges, &c fences ; Works for And with respect to works for the accommodation of lands Protection adjoining the railway, be it enacted as follows : modatwnop 6 . 8 - The company shall make and at all times thereafter Lands. maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway; (that is to say), Such and so many convenient gates, bridges, arches, cul- verts and passages over, under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made ; and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed, or during the formation thereof : Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or the occupiers thereof from straying thereout, by reason of the railway, together with all necessary gates made to open towards such adjoining lands, and not towards the railway, and all necessary stiles ; and such posts, rails and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as con- veniently may be : Also all necessary arches, tunnels, culverts, drains or other passages, either over or under or by the sides of the railway, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway, or as nearly so as may be ; and such works shall be made from time to time as the railway works proceed : Also proper watering-places for cattle, where, by reason of the railway, the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places ; and such watering-places shall be so made as to be at all times as sufficiently supplied with water as theretofore, and as if the railway had not been made, or as nearly so as may be ; and the com- pany shall make all necessary watercourses and drains for the purpose of conveying water to the said watering- places : Provided always, that the company shall not be required to make such accommodation works in such a manner as would drains : watering places. RAILWAYS CLAUSES CONSOLIDATION ACT. 347 prevent or obstruct the working or using of the railway, nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. 69. If any difference arise respecting the kind or number Differences as of any such accommodation works, or the dimensions or suffi- t0 accommo- ciency thereof, or respecting the maintaining thereof, the to be'setued' same shall be determined by two justices ; and such justices by justices. shall also appoint the time within which such works shall be commenced and executed by the company. 70. If for fourteen days next after the time appointed by Execution of such justices for the commencement of any such works the work s by- company shall fail to commence such works, or having com- fJu^^y"^ 6 " menced, shall fail to proceed diligently to execute the same company. in a sufficient manner, it shall be lawful for the party aggrieved by such failure himself to execute such works or repairs ; and the reasonable expenses thereof shall be repaid by the company to the party by whom the same shall so have been executed ; and, if there be any dispute about such ex- penses, the same shall be settled by two justices: Provided always, that no such owner or occupier or other person shall obstruct or injure the railway, or any of the works connected therewith, for a longer time, nor use them in any other manner, than is unavoidably necessary for the execution or repair of such accommodation works. 71. If any of the owners or occupiers of lands affected by p werto such railway shall consider the accommodation works made owners of by the company, or directed by such justices to be made by lan< ! *° maUe the company, insufficient for the commodious use of their aC commoda- respective lands, it shall be lawful for any such owner or tion works, occupier, at any time, at his own expense, to make such further works for that purpose as he shall think necessary, and as shall be agreed to by the company, or, in case of dif- ference, as shall be authorized by two justices. 72. If the company so desire, all such last-mentioned Such works accommodation works shall be constructed under the superin- t0 be c° n - tendence of their engineer, and according to plans and speci- j^er'the sn- fications to be submitted to and approved by such engineer ; perintendeiice nevertheless the company shall not be entitled to require, of the com- either that plans should be adopted which would involve a pa ° y s eng '~ greater expense than that incurred in the execution of similar works by the company, or that the plans selected should be executed in a more expensive manner than that adopted in similar cases by the company. 73. The company shall not be compelled to make any Accommoda- further or additional accommodation works for the use of tion works owners and occupiers of land adjoining the railway after the quired after" expiration of the prescribed period, or, if no period be pre- five years. scribed, after five years from the completion of the works, and the opening of the railway for public use. 74. Until the company shall have made the bridges or Owners to be other proper communications which they shall, under the allowed to "" cross until ac- 348 appendix. — 8 Vict. c. 20. commodation provisions herein, or in the Special Act, or any Act incorpo- works are rated therewith, contained, have been required to make made. between lands intersected by the railway, and no longer, the owners and occupiers of such lands, and any other persons whose right of way shall be affected by the want of such communication, and their respective servants, may at all times freely pass and repass, with carriages, horses and other animals, directly (but not otherwise) across the part of the railway made in or through their respective lands, solely for the purpose of occupying the same lands, or for the exercise of such right of "way, and so as not to obstruct the passage along the railway, or to damage the same ; nevertheless if the owner or occupier of any such lands have in his arrangements with the company received or agreed to receive compensation for or on account of any such communications, instead of the same being formed, such owner or occupier, or those claiming under him, shall not be entitled so to cross the railway. Penalty on 75. If any person omit to shut and fasten any gate set up persons omit- at either side of the railway, for the accommodation of the !,!"". t0 fasten owners or occupiers of the adjoining lands, as soon as he, and the carriage, cattle or other animals, under his care, have passed through the same, he shall forfeit for every such offence any sum not exceeding forty shillings. Branch Railways. Power to parties to make private branch rail- ways com- municating with the mil- way. 5 & 6 Vict. c. 55. Restrictions and condi- tions. 76. And be it enacted, That this or the Special Act shall not prevent the owners or occupiers of lands adjoining to the railway, or any other persons, from laying down, either upon their own lands or upon the lands of other persons, with the consent of such persons, any collateral branches of railway to communicate with the railway, for the purpose of bringing carriages to or from or upon the railway, but under and sub- ject to the provisions and restrictions of an Act passed in the sixth year of the reign of her present Majesty, intituled " An Act for the better Regulation of Railways, and for the Conveyance of Troops ;" and the company shall, if re- quired, at the expense of such owners and occupiers and other persons, and subject also to the provisions of the said last-mentioned Act, make openings in the rails, and such additional lines of rail as may be necessary for effecting such communication in places where the communication can be made with safety to the public, and without injury to the railway, and without inconvenience to the traffic thereon ; and the company shall not take any rate or toll or other monies for the passing of any passengers, goods, or other things, along any branch so to be made by any such owner or occupier or other person ; but this enactment shall be subject to the following restrictions and conditions : (that is to say,) No such branch railway shall run parallel to the railway: The company shall not be bound to make any such open- ings in any place which they shall have set apart for any specific purpose with which such communication would RAILWAYS CLAUSES CONSOLIDATION ACT. 349 interfere, nor upon any inclined plane or bridge, nor in any tunnel : The persons making or using such branch railways shall be subject to all bye-laws and regulations of the company from time to time made with respect to passing upon or crossing the railway, and otherwise; and the persons making or using such branch railways shall be bound to construct, and froni time to time, as need may require, to renew, the offset plates and switches according to the most approved plan adopted by the company, and under the direction of their engineer. And with respect to mines lying under or near the railway, Working of be it enacted as follows : Mines. 77. The company shall not be entitled to any mines of company not coal, ironstone, slate or other minerals under any land pur- to be entitled chased by them, except only such parts thereof as shall be t0 minerals, necessary to be dug or carried away or used in the construc- tion of the works, unless the same shall have been expressly purchased ; and all such mines, excepting as aforesaid, shall be deemed to be excepted out of the conveyance of such lands, unless they shall have been expressly named therein and conveyed thereby. 78. If the owner, lessee or occupier of any mines or Mines lying minerals lying under the railway, or any of the works con- near tne ral1 - nected therewith, or within the prescribed distance, or where ^orked'i/the no distance shall be prescribed, forty yards therefrom, be company desirous of working the same, such owner, lessee, or occupier willing to shall give to the company notice in writing of his intention P urchase so to do thirty days before the commencement of working ; em " and upon the receipt of such notice it shall be lawful for the company to cause such mines to be inspected by any person appointed by them for the purpose ; and if it appear to the company that the working of such mines or minerals is likely to damage the works of the railway, and if the company be willing to make compensation for such mines or any part thereof to such owner, lessee, or occupier thereof, then he shall not work or get the same ; and if the company, and such owner, lessee, or occupier, do not agree as to the amount of such compensation, the same shall be settled as in other cases of disputed compensation. 79. If before the expiration of such thirty days the com- If company pany do not state their willingness to treat with such owner, unwilling to lessee, or occupier for the payment of such compensation, it P y'5 cha mav shall be lawful for him to work the said mines or any part work the thereof for which the company shall not have agreed to pay mines. compensation, so that the same be done in a manner proper and necessary for the beneficial working thereof, and accord- ing to the usual manner of working such mines in the district where the same shall be situate ; and if any damage or ob- struction be occasioned to the railway or works by improper working of such mines, the same shall be forthwith repaired or removed, as the case may require, and such damage made 350 appendix. — 8 Vict. c. 20. Mining com- munications. Company to make com- pensation for injury done to mines; and also for any airway or other work made neces- sary by the railway. Power to company to enter and in- spect the good, by the owner, lessee or occupier of such mines or minerals, and at his own expense ; and if such repair or removal be not forthwith done, or, if the company shall so think fit, without waiting for the same to be done by such owner, lessee or occupier, it shall be lawful for the company to execute the same, and recover from such owner, lessee, or occupier the expense occasioned thereby, by action in any of the superior courts. 80. If the working of any such mines under the railway or works, or within the above-mentioned distance therefrom, be prevented as aforesaid by reason of apprehended injury to the railway, it shall be lawful for the respective owners, lessees and occupiers of such mines, and whose mines shall extend so as to lie on both sides of the railway, to cut and make such and so many airways, headways, gateways or water levels through the mines, measures or strata, the work- ing whereof shall be so prevented, as may be requisite to enable them to ventilate, drain and work the said mines ; but no such airway, headway, gateway, or water level shall be of greater dimensions or section than the prescribed dimensions and sections, and, where no dimensions shall be described, not greater than eight feet wide and eight feet high, nor shall the same be cut or made upon any part of the railway or works, or so as to injure the same, or to im- pede the passage thereon. 81. The company shall from time to time pay to the owner, lessee, or occupier of any such mines extending so as to lie on both sides of the railway all such additional expenses and losses as shall be incurred by such owner, lessee, or occupier by reason of the severance of the lands lying over such mines by the railway, or of the continuous working of such mines being interrupted as aforesaid, or by reason of the same being worked in such manner and under such restrictions as not to prejudice or injure the railway, and for any minerals not purchased by the company which cannot be obtained by rea- son of making and maintaining the railway; and if any dispute or question shall arise between the company and such owner, lessee, or occupier as aforesaid, touching the amount of such losses or expenses, the same shall be settled by arbi- tration. 82. If any loss or damage be sustained by the owner or occupier of the lands lying over any such mines the working whereof shall have been so prevented as aforesaid (and not being the owner, lessee or occupier of such mines), by reason of the making of any such airway or other work as afore- said, which or any like work would not have been necessary to be made but for the working of such mines having been so prevented as aforesaid, the company shall make full com- pensation to such owner or occupier of the surface lands for the loss or damage so sustained by him. 83. For better ascertaining whether any such mines are being worked or have been worked so as to damage the rail- way or works, it shall be lawful for the company, after giving RAILWAYS CLAUSES CONSOLIDATION ACT. 351 twenty-four hours' notice in writing, to enter upon any lands working of through or near which the railway passes wherein any such mines, mines are being worked or are supposed so to be, and to enter into and return from any such mines or the works connected therewith ; and for that purpose it shall be lawful for thern to make use of any apparatus or machinery belonging to the owner, lessee or occupier of such mines, and to use all neces- sary means for discovering the distance from the railway to the parts of such mines which are being worked or about so to be. 84. If any such owner, lessee, or occupier of any such Penalty for mine shall refuse to allow any person appointed by the com- refusal to in- pany for that purpose to enter into and inspect any such spec ' mines or works in manner aforesaid, every person so offend- ing shall for every such refusal forfeit to the company a sum not exceeding twenty pounds. 85. If it appear that any such mines have been worked if mines im- eontrary to the provisions of this or the Special Act, the prop ] f r .! 1 y tn company may, if they think fit, give notice to the owner, C0IU pany lessee, or occupier thereof to construct such works and to may require adopt such means as may be necessary or proper for making means to he safe the railway, and preventing injury thereto ; and if after the Krfetyof such notice any such owner, lessee or occupier do not forth- the railway. with proceed to construct the works necessary for making safe the railway, the company may themselves construct such works, and recover the expense thereof from such owner, lessee, or occupier, by action in any of the superior courts. And with respect to the carrying of passengers and goods passengers upon the railway, and the tolls to be taken thereon, be it and Goods enacted as follows : 0N Railw ay. 86. It shall be lawful for the company to use and employ company to locomotive engines or other moving power, and carriages and employ loco- waggons to be drawn or propelled thereby, and to carry and motive convey upon the railway all such passengers and goods as ^^55'^" shall be offered to them for that purpose, and to make such reasonable charges in respect thereof as they may from time t( i time determine upon, not exceeding the tolls by the Special Act authorized to be taken by them. 87. It shall be lawful for the company from time to time Comp'inyem- to enter into any contract with any other company, being the powered to owners or lessees or in possession of anv other railway, for the co " tra '' t J 1 " i i *i i'i r>i • i . i ntnpr pOUI- passage over or along the railway by the Special Act autho- rized to be made of any engines, coaches, waggons or other carriages of any other company, or which shall pass over any other line of railway, or for the passage over any other line of railway of any engines, coaches, waggons or other carriages of the company , or which shall pass over their line of railway, upon the payment of such tolls and under such conditions and restrictions as may be mutually agreed upon ; and for the purpose aforesaid it shall be lawful for the respective par- ties to enter into any contract for the division or apportion- ment of the tolls to be taken upon their respective railways. other com- panies. 352 appendix. — 8 Vict. c. 20. Contracts not to affect per- sons not par- ties thereto. Company not to be liable to a greater ex- tent than common car- riers. Power to vary tolls. Tolls to be charged equally under like circum- "tances. How tolls to be calculated when, mil- ways amalga- mated. Railway to be freie on pay- ment of fejfila. 88. Provided always, That no such contract as aforesaid shall in any manner alter, affect, increase or diminish any of the tolls which the respective companies, parties to such con- tracts, shall for the time being be respectively authorized and entitled to demand or receive from any person or any other company, but that all other persons and companies shall, notwithstanding any such contract, be entitled to the use and benefit of any of the said railways, upon the same terms and conditions, and on payment of the same tolls, as they would have been in case no such contract had been entered into. 89. Nothing in this or the Special Act contained shall extend to charge or make liable the company further or in any other case than where, according to the laws of the realm, stage-coach proprietors and common carriers would be liable, nor shall extend in any degree to deprive the company of any protection or privilege which common carriers or stage-coach proprietors may be entitled to ; but, on the contrary, the com- pany shall at all times be entitled to the benefit of every such protection and privilege. 90. And whereas it is expedient that the company should be enabled to vary the tolls upon the railway so as to accom- modate them to the circumstances of the traffic, but that such power of varying should not be used for the purpose of pre- j udicing or favouring particular parties, or for the purpose of collusively and unfairly creating a monopoly, either in the hands of the company or of particular parties : it shall be lawful, therefore, for the company, subject to the provisions and limitations herein and in the Special Act contained, from time to time to alter or vary the tolls by the Special Act authorized to be taken, either upon the whole or upon any particular portions of the railway, as they shall think fit : 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 circum- stances ; and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular company or person travelling upon or using the railway. 91. And whereas authority has been given by various Acts of Parliament to railway companies to demand tolls for the conveyance of passengers and goods, and for other services, over the fraction of a mile equal to the toll which they are authorized to demand for one mile; therefore, in cases in which any railway shall be amalgamated with any other adjoining railway or railways such tolls shall be calculated and imposed at such rates as if such amalgamated railways had originally formed one line of railway. 92. It shall not be lawful for the company at any time to demand or take a greater amount of toll, or make any greater charge for the carriage of passengers or goods, than they are RAILWAYS CLAUSES CONSOLIDATION ACT. 353 by this and the Special Act authorized to demand ; and upon payment of the tolls from time to time demandable, all com- panies and persons shall be entitled to use the railway, with engines and carriages properly constructed as by this and the Special Act directed, subject nevertheless to the provisions and restrictions of the said Act of the sixth year of her present 5 & 6 Vict. c. Majesty, intituled " An Act for the better Regulation of 55. Railways, and for the Conveyance of Troops," and to the regulations to be from time to time made by the company by virtue of the powers in that behalf hereby and by the Special Act conferred upon them. 93. A list of all the tolls authorized by the Special Act to List of tolls be taken, and which shall be exacted by the company, shall *° b <; exhl_ be published by the same being painted upon one toll-board Doar(1- or more in distinct black letters on a white ground, or white letters on a black ground, or by the same being printed in legible characters on paper affixed to such board, and by such board being exhibited in some conspicuous place on the stations or places where such tolls shall be made payable. 94. The company shall cause the length of the railway to Milestones, be measured, and milestones, posts or other conspicuous objects to be set up and maintained along the whole line thereof, at the distance of one quarter of a mile from each other, with numbers or marks inscribed thereon denoting such distances. 95. No tolls shall be demanded or taken by the company Tolls to be for the use of the railway during any time at which the ta ] k ?, n t , nIy ri boards hereinbefore directed to be exhibited shall not be so ^ibited and exhibited, or at which the milestones hereinbefore directed to milestones set be set up and maintained shall not be so set up and main- up. tained ; and if any person wilfully pull down, deface or destroy any such board or milestone he shall forfeit a sum not exceeding five pounds for every such offence. 96. The tolls shall be paid to such persons and at such Tolls to be places upon or near to the railway, and in such manner and P 8 ^ ^ s . di " t . under such regulations, as the company shall, by notice to be jJo^ip an y. annexed to the list of tolls, appoint. 97. If, on demand, any person fail to pay the tolls due in in default of respect of any carriage or goods, it shall be lawful for the payment of company to detain and sell such carriage, or all or any part & c . s n f a °y be of such goods, or if the same shall have been removed from detained and the premises of the company, to detain and sell any other sold, carriages or goods within such premises belonging to the party liable to pay such tolls, and out of the monies arising from such sale to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus, if any, of the monies arising by such sale, and such of the carriages or goods as shall remain unsold, to the person entitled thereto; or it shall be lawful for the company to recover any such tolls by action at law. 98. Every person being the owner or having the care of Account of any carriage or goods passing or being upon the railway lading &c. to shall, on demand, give to the collector of tolls, at the places be 8 iven - 354 ai-i-endix. — 8 Vict. c. 20. Penalty for not giving account of lading. Disputes as to amount of tolls charge- able. Differences as to 'weights. where he attends for the purpose of receiving goods or of collecting tolls for the part of the railway on which such carriage or goods may have travelled, or be about to travel, an exact account in writing, signed by him, of the number or quantity of goods conveyed by any such carriage, and of the point on the railway from which such carriage or goods have set out, or are about to set out, and at what point the same are intended to be unloaded or taken off the railway ; and if the goods conveyed by any such carriage, or brought for conveyance as aforesaid, be liable to the payment of different tolls, then such owner or other person shall specify the respective numbers or qualities thereof liable to each or any of such tolls. 99. If any such owner or other such person fail to give such account, or to produce his way-bill or bill of lading, to such collector or other officer or servant of the company demanding the same, or if he give a false account, or if he unload or take off any part of his lading or goods at any other place than shall be mentioned in such account, with intent to avoid the payment of any tolls payable in respect thereof, he shall for every such offence forfeit to the company a sum not exceeding ten pounds for every ton of goods, or for any parcel not exceeding one hundred weight, and so in pro- portion for any. less quantity of goods than one ton, or for any parcel exceeding one hundred weight (as the case may be) which shall be upon any such carriage ; and such penalty shall be in addition to the toll to which such goods may be liable. 100. If any dispute arise concerning the amount of the tolls due to the company, or concerning the charges occasioned by any detention or sale thereof under the provisions herein or in the Special Act contained, the same shall be settled by a j ustice ; and it shall be lawful for the company in the mean- while to detain the goods, or (if the case so require) the pro- ceeds of the sale thereof. 101. If any difference arise between any toll-collector or other officer or servant of the company and any owner of or person having the charge of any carriage passing or being upon the railwaj*, or of any goods conveyed or to be conveyed by such carriage, respecting the weight, quantity, quality or nature of such goods, such collector or other officer may lawfully detain such carriage or goods, and examine, weigh, gauge or otherwise measure the same ; and if upon such measuring or examination such goods appear to be of greater weight or quantity, or of other nature than shall have been stated in the account given thereof, then the person who shall have given such account shall pay, and the owner of such carriage, or the respective owners of such goods, shall also, at the option of the company, be liable to pay the costs of such measuring and examining ; but if such goods appear to be of the same or less weight or quantity than and of the same nature as shall have been stated in such account, then the company shall pa}* such costs, and thej- shall also pay to RAILWAYS CLAUSES CONSOLIDATION ACT. 355 such owner of or person having charge of such carriage, and to the respective owners of such goods, such damage (if any) as shall appear to any justice, on a summary application to him for that purpose, to have arisen from such detention. 102. If at any time it be made to appear to any justice, upon Toll-collector the complaint of the company, that any such detention, to De li a ble measuring or examining of any carriage or goods, as herein- detention o" before mentioned, was without reasonable ground, or that it goods. was vexatious on the part of such collector or other officer, then the collector or other officer shall himself pay the costs of such detention and measuring, and the damage occasioned thereby ; and in default of immediate payment of any such costs or damage, the same may be recovered by distress of the goods of such collector, and such justice shall issue his warrant accordingly. 103. If any person travel or attempt to travel in any penalty on carriage of the company, or of any other company or party passengers using the railway, without having previously paid his fare, f™&$ i'orfthe and with intent to avoid payment thereof, or if any pei'son, company, having paid his fare for a certain distance, knowingly and wilfully proceed in any such carriage beyond such distance, without previously paying the additional fare for the addi- tional distance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall for every such offence forfeit to the company a sum not exceeding forty shillings. 104. If any person be discovered either in or after com- Detention of mitting or attempting to commit any such offence as in the offenders, preceding enactment mentioned, all officers and servants and other persons on behalf of the company, or such other com- pany or party as aforesaid, and all constables, gaolers and peace officers, may lawfully apprehend and detain such per- son until he can conveniently be taken before some justice, or until he be otherwise discharged by due course of law. 105. No person shall be entitled to carry or to require the Penalty for company to carry upon the railway any aquafortis, oil of bringing dan- vitriol, gunpowder, lncifer matches or any other goods which o U ™"e r ^ji_ s in the judgment of the company may be of a dangerous way. nature ; and if any person send by the railway any such goods without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the book-keeper or other servant of the company with whom the same are left, at the time of so sending, he shall forfeit to the company twenty pounds for every such offence ; and it shall be lawful for the company to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact. 100. If any collector of tolls, or other officer employed by Delivery of the company, be discharged or suspended from his office, or "^'TL 1 - 1 or die, abscond or absent himself, and if such collector or other custody of officer, or the wife, widow or any of the family or represcn- toil collector at removal. 556 appendix. — 8 Vict. c. 20. tatives of any such collector or other officer, refuse or neglect, after seven days' notice in writing for that purpose, to deliver up to the company, or to any person appointed by them for that purpose, any station, dwelling-house, office or other building, with its appurtenances, or any books, papers or other matters belonging to the company in the possession or custody of any such collector or officer at the occurrence of any such event as aforesaid, then, upon application being made by the company to any justice, it shall be lawful for such justice to order any constable, with proper assistance, to enter upon such station or other building, and to remove any person found therein, and to take possession thereof, and of any such books, papers or other matters, and to deliver the same to the company, or any person appointed by them for that purpose. 107. And be it enacted, That the company shall every year cause an annual account in abstract to be prepared, showing a'wpjTnins- the total receipts and expenditure of all funds levied by vir- mitted to the tue of this or the Special Act for the year ending on the thirty- lerk of the fi rs t day of December, or some other convenient day in each year, under the several distinct heads of receipt and ex- penditure, with a statement of the balance of such account, duly audited and certified by the directors, or some of them, and by the auditors, and shall, if required, transmit a copy of the said account, free of charge, to the overseers of the poor of the several parishes through which the railway shall pass, and also to the clerks of the peace of the counties through which the railway shall pass, on or before the thirty-first day of January then next ; which last-mentioned account shall be open to the inspection of the public at all seasonable hours, on payment of the sum of one shilling for every such in- spection: Provided always, that if the said company shall omit to prepare or transmit such account as aforesaid, if required so to do by any such clerk of the peace or overseers of the poor, they shall forfeit for every such omission the sum of twenty pounds. Annual ac- count to be peace, &c. Company to regulate the use of the railway. And with respect to the regulating of the use of the rail- way, be it enacted as follows : 108. It shall be lawful for the company, from time to time, subject to the provisions and restrictions in this and the Special Act contained, to make regulations for the following purposes; (that is to say,) For regulating the mode by which, and the speed at which, carriages using the railway are to be moved or propelled; For regulating the times of the arrival and departure of any such carriages ; For regulating the loading or unloading of such carriages, and the weights which they are respectively to carry ; For regulating the receipt and delivery of goods and other things which are to be conveyed upon such carriages ; For preventing the smoking of tobacco, and the commis- sion of any other nuisance in or upon such carriages, or RAILWAYS CLAUSES CONSOLIDATION ACT. 357 in any of the stations or premises occupied by the com- pany ; And, generally, for regulating the travelling upon, or using and working of the railway: But no such regulation shall authorize the closing of the railway, or prevent the passage of engines or carriages on the railway at reasonable times, except at any time when, in consequence of any of the works being out of repair, or from any other sufficient cause, it shall be necessary to close the railway, or any part thereof. 109. For better enforcing the observance of all or any of Power to such regulations, it shall be lawful for the company, subject H-^fjf 68 !? 18 '" to the provisions of an Act passed in the fourth year of the i aws< reign of her present Majesty, intituled " An Act for regu- 3 & 4 yict. c lating Railways," to make bye-laws, and from time to time 97. to repeal or alter such bye-laws, and make others, provided that such bye-laws be not repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the Special Act ; and such bye- laws shall be reduced into writing, and shall have affixed thereto the common seal of the company ; and any person offending against any such bye-law shall forfeit for every such offence any sum not exceeding five pounds, to be im- posed by the company in such bye-laws as a penalty for any such offence ; and if the infraction or non-observance of any such bye-law, or other such regulation as aforesaid, be attended with danger or annoyance to the public, or hindrance to the company in the lawful use of the railway, it shall be lawful for the company summarily to interfere to obviate or remove such danger, annoyance or hindrance, and that with- out prejudice to any penalty incurred by the infraction of any such bye-law. 110. The substance of such last-mentioned bye-laws, when Publication of confirmed or allowed according to the provisions of any Act ^ uch °y e " in force regulating the allowance or confirmation of the same, ws " shall be painted on boards, or printed on paper and pasted on boards, and hung up and affixed and continued on the front or other conspicuous part of every wharf or station belonging to the company, according to the nature or subject-matter of such bye-laws respectively, and so as to give public notice thereof to the parties interested therein or affected thereby; and such boards shall from time to time be renewed, as often as the bye-laws thereon, or any part thereof, shall be oblite- rated or destroyed ; and no penalty imposed by any such bye-law shall be recoverable, unless the same shall have been published and kept published in manner aforesaid. 111. Such bye-laws, when so confirmed, published and Such bye- affixed, shall be binding upon, and be observed by, all parties, laws to bc and shall be sufficient to justify all persons acting under the £Sf on "" same ; and, for proof of the publication of any such bye-laws, it shall be sufficient to prove that a printed paper or painted board, containing a copy of such bye-laws, was affixed and continued in manner by this Act directed ; and in case of its 358 appendix. — 8 Vict. c. 20. Leasing of Railway. Exercise of power to lease the rail- way. Powers vested in the company may be ex- ercised by the lessees. Carriages and Engines. Engines to consume their smoke. Engines to be approved by the company, and certificate of approval given. being afterwards displaced or damaged, then that such paper or board was replaced as soon as conveniently might be. And with respect to leasing the railway, he it enacted as follows : 112. Where the company shall be authorized by the Special Act to lease the railway, or any part thereof, to any coinpany or person, the lease to be executed in pursuance of such authority shall contain all usual and proper covenants on the part of the lessee for maintaining the railway, or the portion thereof comprised in such lease, in good and efficient repair and working condition during the continuance thereof, and for so leaving the same at the expiration of the term thereby granted, and such other provisions, conditions, cove- nants and agreements as are usually inserted in leases of a like nature. 113. Such lease shall entitle the company or person to whom the same shall be granted to the free use of the rail- way or portion of railway comprised therein, and, during the continuance of any such lease, all the powers and privi- leges granted to, and which might otherwise be exercised and enjoyed by the company, or the directors thereof, or their officers, agents or servants, by virtue of this or the Special Act, with regard to the possession, enjoyment and management of the railway, or of the part thereof comprised in such lease, and the tolls to be taken thereon, shall be exercised and enjoyed by the lessee, and the officers and servants of such lessee, under the same regulations and restrictions as are by this or the Special Act imposed on the company, and their directors, officers and servants ; and such lessee shall, with respect to the railway comprised in such lease, be subject to all the obligations by this or the Special Act imposed on the company. And with respect to the engines and carriages to be brought on the railway, be it enacted as follows : 114. Every locomotive steam-engine to be used on the railway shall, if it use coal or other similar fuel emitting smoke, be constructed on the principle of consuming, and so as to consume, its own smoke ; and if any engine be not so constructed, the company or party using such engine shall forfeit five pounds for every day during which such engine shall be used on the railway. 115. No locomotive or other engine, or other description of moving power, shall at any time be brought upon or used on the railway, unless the same have first been approved of by the company ; and, within fourteen days after notice given to the company by any party desirous of bringing any such engine on the railway, the company shall cause their engineer or other agent to examine such engine at any place within three miles' distance from the railway, to be appointed by the owner thereof, and to report thereon to the company ; and within seven days after such report, if such engine be RAILWAYS CLAUSES CONSOLIDATION ACT. 359 proper to be used on the railway, the company shall give a certificate to the party requiring the same of their approval of such engine; and if at any time the engineer or other Unfit engines agent of the company report that any engine used upon the t0 be * e ~ railway is out of repair, or unfit to be used upon the railway, the company may require the same to be taken off, or may forbid its use upon the railway until the same shall have been repaired to the satisfaction of the company, and, upon the engine being so repaired, the company shall give a cer- tificate to the party requiring the same of their approval of such engine ; and if any difference of opinion arise between the company and the owner of any such engine as to the fit- ness or unfitness thereof for the purpose of being used on the railway, such difference shall be settled by arbitration. 116. If any person, whether the owner or other person penalty for having the care thereof, bring or use upon the railway any using impro- locomotive or other engine, or any moving power, without per en & mes - having first obtained such certificate of approval as aforesaid, or if, after notice given by the company to remove any such engine from the railway, such person do not forthwith remove the same, or if, after notice given by the company not to use any such engine on the railway, such person do so use such engine, without having first repaired the same to the satis- faction of the company, and obtained such certificate of approval, every such person shall, in any of the cases afore- said, forfeit to the company a sum not exceeding twenty pounds ; and in any such case it shall be lawful for the com- pany to remove such engine from the railway. 117. No carriage shall pass along, or be upon the railway Carriages to (except in directly crossing the same, as herein or by the be con- Special Act authorized), unless such carriage be at all times, co^aete~ so long as it shall be used or shall remain on the railway, of company's the construction and in the condition which the regulations regulations. of the company for the time being shall require ; and if any dispute arise between the company and the owner of any such carriage as to the construction or condition thereof, in reference to the then existing regulations of the company, such dispute shall be settled by arbitration. 118. The regulations from time to time to be made by the Regulations company respecting the carriages to be used on the railway t0 apply also shall be drawn up in writing, and be authenticated by the t ^ L ^^ ay s common seal of the company, and shall be applicable alike to the carriages of the company and to the carriages of other companies or persons using the railway ; and a copy of such regulations shall, on demand, be furnished by the secretary of the company to any person applying for the same. 119. If any carriage, not being of such construction or in Penalty for such condition as the regulations of the company for the time " si "« lmpn>- being require, be made to pass or be upon any part of the per cama s cs - railway (except as aforesaid), the owner thereof, or any person having for the time being the charge of such carriage, shall forfeit to the company a sum not exceeding ten pounds for 360 appendix. — 8 Vict. c. 20. Owner's name, &c. to be registered, and exhibited on carriages. On non-com- pliance, car- riage maj- be removed. Carriages im- properly loaded, or suffered to obstruct the road, may be unloaded or removed. Company not to be liable for damage by such un- loading, &c. Owners liable for damage by their ser- vants. Owners may recover from servants. every such offence, and it shall be lawful for the company to remove any such carriage from the railway. 120. The respective owners of carriages using the railway shall cause to be entered with the secretary or other officer of the company appointed for that purpose the names and places of abode of the owners of such carriages respectively, and the numbers, weights and gauges of their respective carriages ; and such owners shall also, if so required by the company, cause the same particulars to be painted in legible characters on some conspicuous part of the outside of every such carriage, so as to be always open to view ; and every such owner shall, whenever required by the company, permit his carriage to be weighed, measured or gauged, at the expense of the company. 121. If the owner of any carriage fail to comply with the requisitions contained in the preceding enactment, it shall be lawful for the company to refuse to allow such carriage to be brought upon the railway, or to remove the same there- from, until such compliance. 122. If the loading of any carriage using the railway be such as to be liable to collision with other carriages properly loaded, or to be otherwise dangerous, or if the person having the care of any carriage or goods upon the railway suffer the same or any part thereof to remain on the railway so as to obstruct the passage or working thereof, it shall be lawful for the company to cause such carriage or goods to be unloaded and removed in any manner proper for preventing such col- lision or obstruction, and to detain such carriage or goods, or any part thereof, until the expenses occasioned by such un- loading, removal or detention be paid. 123. The company shall not be liable for any damage or loss occasioned by any such unloading, removal or detention as aforesaid, except for damage wilfully or negligently done to any carriage or goods so unloaded, removed or detained ; nor shall they be liable for the safe custody of any such car- riage or goods so detained, unless the same be wrongfully detained by them, and then only for so long a time as the same shall have been so wrongfully detained. 121. The respective owners of engines and carriages pass- ing or being upon the railway shall be answerable for any trespass or damage done by their engines or carriages, or by any of the servants or persons employed by them, to or upon the railway, or the machinery or works belonging thereto, or to or upon the property of any other person ; and every such servant or other person may lawfully be convicted of such trespass or damage before any two justices of the peace, either by the confession of the party offending, or upon the oath of some credible witness ; and upon such conviction every such owner shall pay to the company, or to the person injured, as the case may be, the damage to be ascertained by such justices, so that the same do not exceed fifty pounds. 125. It shall be lawful for any owner of an engine or carriage who shall pay the amount of any damage caused by RAILWAYS CLAUSES CONSOLIDATION ACT. 361 the misfeasance or negligence of any servant or other person employed by him to recover the amount so paid by him from such servant or other person by the same means as the com- pany are enabled to recover the amount of such damage from the owner of any engine or carriage. And with respect to the settlement of disputes by arbi- Arbitra- tration, be it enacted as follows : tio.n. 126. When any dispute authorized or directed by this or T7~ the Special Act, or any Act incorporated therewith, to be 0l - arbitrators settled by arbitration shall have arisen, then, unless both when ques- parties shall concur in the appointment of a single arbitrator, tio " s are \° , each party, on the request of the other party, shall nominate bv arbitra™ and appoint an arbitrator to whom such dispute shall be tion. referred ; and every appointment of an arbitrator shall be made on the part of the company under the hand of the secre- tary or any two of the directors of the company, and on the part of any other party under the hand of such party, or if such party be a corporation aggregate, under the common seal of such corporation, and such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made ; and after any such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation ; and if for the space of fourteen days after any such dispute shall have arisen, and after a request in writing, in which shall be stated the matters so required to be referred to arbitration, shall have been served by the one party on the other party to appoint an arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failure the party making the request, and having himself appointed an arbitrator, may appoint such arbitrator to act on behalf of both parties ; and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final. 127. If, before the matters so referred shall be determined, vacancy of any arbitrator appointed by either party die, or become in- arbitrator to capable to act, the party by whom such arbitrator was be su PP liecl - appointed may nominate and appoint in writing some other person to act in his place, and if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so, the remaining or other arbitrator may pro- ceed ex parte ; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or incapacity as aforesaid. 128. Where more than one arbitrator shall have been ap- Appoints pointed, such arbitrators shall, before they enter upon the oi umpire, matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide on any such matters on which they shall differ, or which shall be referred to him I. R 362 appendix. — 8 Vict. c. 20. Board of Trade em- powered to appoint an umpire, on neglect of the arbitrators. In case of death of single arbi- trator, the matter to be- gin de novo. If either arbi- trator refuse to act, the other to pro- ceed ex parte. If arbitrators fail to make their award within twenty-one days, the matter to go to the um- pire. Power for arbitrators to call for books, &c. Arbitrator and umpire to make de- claration. under this or the Special Act ; and, if such umpire shall die or become incapable to act, they shall forthwith, after such death or incapacity, appoint another umpire in his place ; and the decision of every such umpire on the matters so referred to him shall be final. 129. If, in either of the cases aforesaid, the said arbitrators shall refuse, or shall, for seven days after recmest of either party to such arbitration, neglect to appoint an umpire, the Board of Trade shall, on the application of either party to such arbitration, appoint an umpire ; and the decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this or the Special Act, shall be final. 130. If, where a single arbitrator shall have been ap- pointed, such arbitrator shall die, or become incapable to act, before he shall have made his award, the matters referred to him shall be determined by arbitration, under the provisions of this or the Special Act, in the same manner as if such arbitrator had not been appointed. 131. If, where more than one arbitrator shall have been appointed, either of the arbitrators refuse or for seven days neglect to act, the other arbitrator may proceed ex parte, and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 132. If, where more than one arbitrator shall have been appointed, and where neither of them shall refuse or neglect to act as aforesaid, such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed, or within such extended time (if any) as shall have been appointed for that purpose by both such arbitrators, under their hands, the matter referred to them shall be determined by the umpire to be appointed as aforesaid. 133. 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 deter- mining the question in dispute, and may examine the parties, or their witnesses, on oath, and administer the oaths necessary for that purpose. 134. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him, he shall, in the presence of a justice, make and subscribe the following decla- ration ; (that is to say,) 'I, A. B., do solemnly and sincerely declare, that I will ' faithfully and honestly, and to the best of my skill and ' ability, hear and determine the matters referred to me ' under the provisions of the Act [naming the Special * Act]. A. B. ' Made and subscribed in the presence of .' And such declaration shall be annexed to the award when made ; and if any arbitrator or umpire, having made such declaration, shall wilfully act contrary thereto, he shall be guilty of a misdemeanor. RAILWAYS CLAUSES CONSOLIDATION ACT. 363 135. Except where, by this or the Special Act, or any Act Costs to he in incorporated therewith, it shall be otherwise provided, the the discretion costs of and attending every such arbitration to be determined trators *" by the arbitrators, shall be in the discretion of the arbi- trators. 136. The submission to any such arbitration may be Submission made a rule of any of the superior courts, on the application t0 arbitration of either of the parties. JESterf"* 1 137. No award made with respect to any cpuestion referred court. to arbitration under the provisions of this or the Special The award Act shall be set aside for irregularitv or error in matter of DOt t0 be se t form aside for niat- 138. And be it enacted, That any summons or notice, or any ^ .. writ or other proceeding at law, or in equity, requiring to be notices upon served upon the company, may be served by the same being company. left at, or transmitted through the post directed to, the prin- cipal office of the company, or one of their principal offices, where there shall be more than one, or being given personally to the secretary, or, in case there be no secretary, then by being given to any one director of the company. 139. And be it enacted, That if any party shall have com- Tender of mitted any irregularity, trespass or other wrongful proceeding amends, in the execution of this or the Special Act, or any Act in- corporated therewith, or by virtue of any power or authority thereby given ; and if, before action brought in respect thereof, such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action ; and, if no such tender shall have been made, it shall be lawful for the defendant, by leave of the court where such action shall be pending, at any time before issue joined, to pay into court such sum of money as he shall think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. And with respect to the recovery of damages not specially Recover* of provided for, and of penalties, and to the determination of any Damages and other matter referred to justices, be it enacted as follows : enalties. 140. In all cases where any damages, costs or expenses are Provision for by this or the Special Act, or any Act incoqjorated therewith, damages not directed to be paid, and the method of ascertaining the "J^SSS** amount, or enforcing the payment thereof, is not provided for, such amount, in case of dispute, shall be ascertained and determined by two justices ; and if the amount so ascertained be not paid, by the company or other party liable to pay the same, within seven days after demand, the amount may be recovered by distress of the goods of the company or other party liable as aforesaid ; and the j ustices by whom the same shall have been ordered to be paid, or either of them, or any other justice, on application, shall issue their or his warrant accordingly. 141. If sufficient goods of the company cannot be found Distress whereon to levy any such damages, costs and expenses payable :i ^ i "" st lie by the company, the same may, if the amount thereof do not ll R2 364 appendix. — 8 Vict. c. 20. Method of proceeding before jus- tices in ques- tions of da- mages, &c. Publication of penalties. Penalty for defacing boards used for such pub- lication. Penalties to be summarily recovered be- exceed twenty pounds, be recovered by distress of the goods of the treasurer of the company ; and the justices aforesaid, or either of them, on application, shall issue their or his warrant accordingly; but no such distress shall issue against the goods of such treasurer unless seven days' previous notice in writing, stating the amount so due, and demanding pay- ment thereof, have been given to such treasurer, or left at his residence ; and if such treasurer pay any money under such distress as aforesaid, he may retain the amount so paid by him, and all costs and expenses occasioned thereby out of any money belonging to the company coming into his custody or control, or he may sue the company for the same. 142. Where in this or the Special Act, any question of compensation, expenses, charges or damages, or other matter, is referred to the determination of any one justice or more, it shall be lawful for an}- justice, upon the application of either party, to summon the other party to appear before one jus- tice, or before two justices, as the case may require, at a time and place to be named in such summons ; and upon the ap- pearance of such parties, or in the absence of any of them, upon proof of clue service of the summons, it shall be lawful for such one justice, 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 cost of every such inquiry shall be in the dis- cretion of such justices, and they shall determine the amount thereof. 143. The company shall publish the short particulars of the several offences for which any penalty is imposed by this or the Special Act, or by any bye-law of the company affect- ing 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 upon 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 im- mediate neighbourhood to which such penalties arc applicable or have reference; and such particulars shall be renewed as often as the same, or any part thereof, is obliterated or de- stroyed ; and no such penalty shall be recoverable unless it shall have been published and kept published in the manner hereinbefore required. 144. If any person pull down or injure any board put up or affixed as required by this or the Special Act for the pur- pose 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 expenses attending the restoration of such board. 145. Every penalty or forfeiture imposed by this or the Special Act, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be RAILWAYS CLAUSES CONSOLIDATION ACT. 365 recovered by summary proceeding before two justices ; and, fore two jtis- on complaint being made to any justice, he shall issue a tices - summons requiring the party complained against to appear before two justices at a time and place to be named in such summons, and every such summons shall be served on the party offending, either in person or by leaving the same with some inmate at his usual place of abode ; and upon the ap- pearance of the party complained against, or, in his absence, after proof of the due service of such summons, it shall be lawful for any two justices to proceed to the hearing of the complaint, and that although no information in writing or in print shall have been exhibited before them ; 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 justices to convict the offender, and, upon such conviction, to adjudge the offender to pay the penalty or forfeiture incurred, as well as silch costs attending the conviction as such justices shall think fit. 146. If forthwith, upon any such adjudication as aforesaid, Penalties to the amount of the penalty or forfeiture, and of such costs as *J?,j evi< : d hy aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress, and such justices, or either of them, shall issue their or his warrant of distress accordingly. 147. It shall be lawful for any such justice to order any imprison- offender so convicted as aforesaid to be detained and kept in ment in de- safe custody until return can be conveniently made to the * a "|* o£ dls " warrant of distress to be issued for levying such penalty or forfeiture and costs, unless the offender give sufficient security, by way of recognizance or otherwise, to the satisfaction of the justice, for his appearance before him on the day appointed for such return, such day not being more than eight days from the time of taking such security; but if, before issuing such warrant of distress, it shall appear to the justice, by the admission of the offender or otherwise, that no sufficient dis- tress can be had within the jurisdiction of such j ustice whereon to levy such penalty or forfeiture and costs, he may, if he thinks fit, refrain from issuing such warrant of distress ; and in such case, or if such warrant shall have been issued, and upon the return thereof such insufficiency as aforesaid shall be made to appear to the justice, then such justice shall, by warrant, cause such offender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied. 148. 'Where, in this or the Special Act, or any Act incor- Distress, how porated therewith, any sum of money, whether iu the nature to be levied, of penalty or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same; and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been distrained. 366 appendix. — 8 Vict. c. 20. Distress not unlawful for want of form, Application of penalties. Penalties to be sued for within six months. Damage to be marie good in addition to penalty. Penalty on witnesses making de- fault. Transient offenders. ] 49. No distress levied by virtue of this or the Special Act, or any Act incorporated therewith, shall be deemed unlawful, nor 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. 150. The justices by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award not more than one-half thereof to the informer, and shall award the remainder to the over- seers of the poor of the parish in which the offence shall have been committed, to be applied in aid of the poor's rate of such parish ; or, if the place wherein the offence shall have been committed shall be extra-parochial, then such justices shall direct such remainder to be applied in aid of the poor's rate of such extra-parochial place, or, if there shall not be any poor's rate therein, in aid of the poor's rate of any adjoining parish or district. 151. No person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this or the Special Act, or any Act incorporated therewith, for any offence made cognizable before a justice, unless the complaint respecting such offence shall have been made before such justice within six months next after the commission of such offence. 152. If, through any act, neglect or default on account whereof any person shall have incurred any penalty imposed by this or the Special Act, any damage to the property of the company shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty ; and the amount of such damages shall, in case of dispute, be determined by the justices by whom the party incurring such penalty shall have been convicted ; and on non-payment of such damages, on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their or his warrant accordingly. 153. It shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction under the provisions of this or the Special Act, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter ; and if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined upon oath or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence. 154. It shall be lawful for any officer or agent of the com- pany, and all persons called by him to his assistance, to seize RAILWAYS CLAUSES CONSOLIDATION ACT. 367 and detain any person who shall have committed any offence against the provisions of this or the Special Act, 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 con- venient despatch to the hearing and determining of the com- plaint against such offender. 155. The justices before whom any person shall be con- Form of con- victed of any offence against this or the Special Act, or any Action. Act incorporated therewith, may cause the conviction to be drawn up according to the form in the Schedule to this Act annexed. 156. No proceeding in pursuance of this or the Special Proceedings Act, or any Act incorporated therewith, shall be quashed or qu^ e ^ e for vacated for want of form, nor shall the same be removed by want of form, certiorari or otherwise into any of the superior courts. &c. 157. If any party shall feel aggrieved by any determination Parties or adjudication of any justice with respect to any penalty or allowed to forfeiture under the provisions of this or the Special Act, or qf^rte/ses- any Act incorporated therewith, such party may appeal to the S i 0n s on general quarter sessions for the county or place in which the giving secu- cause of appeal shall have arisen ; but no such appeal shall be rity - entertained unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith, after such notice, enter into recognizances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon. 158. At the quarter sessions for which such notice shall be Court to given, the court shall proceed to hear and determine the milke su ^! 1 appeal in a summary way, or they may, if they think fit, think reason- adjourn it to the following sessions ; and upon the hearing able. of such appeal the court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the ad- judication, 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 adjudica- tion and of the appeal, as they may think reasonable. 159. Provided always, and be it enacted, That, notwith- Receiver of standing anything herein or in the Special Act, or any Act metropolitan incorporated therewith, contained, every penalty or forfeiture fo receive imposed by this or the Special Act, or any Act incorporated penalties in- therewith, or by any bye-law in pursuance thereof, in respect ?*F"^ within of any offence which shall take place within the metropolitan " b c lstru; police district, shall be recovered, enforced, accounted for, and, except where the application thereof is otherwise specially provided for, shall be paid to the receiver of the Metropolitan Police District, and shall be applied in the same manner as 368 APPENDIX. — 8 YlCT. C. 20. 2 & 3 Vict. c 71. 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, paid and applied by an Act passed in the third year of the reign of her present Majesty, intituled " An Act for regulating the Police Courts in the Metropolis ;" and every order or con- viction 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 w r ho shall have been examined, and such witnesses shall be entitled to the same allowance of expenses as he or they would have had or been entitled to in case the order, conviction and appeal had been made in pur- suance of the provisions of the said last-mentioned Act. 160. And be it enacted, That every person who, upon any examination upon oath, under the provisions of this or the Special Act, or any Act incorporated therewith, shall wilfully and corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. 161. And be it declared and enacted, That all sums of money which have been or shall be paid into the Bank of Ireland in the name and with the privity of the accountant- general of the Court of Chancery of Ireland, under the pro- visions of an Act passed in the second year of the reign of her present Majesty, intituled " An Act to provide for the Custody of certain Monies paid in pursuance of the Standing Orders' of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament," shall and may be paid out and applied under any order of the said Court of Chancery exempt from ushers' poundage. Access to And with respect to the provisions to be made for affording Special Act. aC cess to the Special Act by all parties interested, be it enacted as follows : Copies of 162. The company shall, at all times after the expiration Special Act to of six months after the passing of the Special Act, keep in be kept and their principal office of business a copy of the Special Act printed by the printers to her Majesty, or some of them ; and shall also, within the space of such six months, deposit in the office of each of the clerks of the peace of the several counties into which the works shall extend a copy of such Special Act so printed as aforesaid ; and the said clerks of the peace shall receive, and they and the company respectively shall retain, the said copies of the Special Act, and shall permit all persons interested to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for default, as is pro- vided in the case of certain plans and sections by an Act passed in the first year of the reign of her present Majesty, Persons giving false evidence liable to pen- alties of per- jury. Money paid into the. Bank of Ireland to be exempt from ushers' poundage. 1 & 2 Vict. c. 117. deposited, and allowed to be in- spected. RAILWAYS CLAUSES CONSOLIDATION ACT. 369 intituled " An Act to compel Clerks of the Peace for Counties 7 Will. 4 & and other Persons to take the Custody of such Documents as 1 Vict - c - 83. shall be directed to be deposited with them under the Stand- ing Orders of either House of Parliament." 1G3. If the company shall fail to keep or deposit, as herein- Penalty on before mentioned, any of the said copies of the Special Act, company faii- they shall forfeit twenty pounds for every such offence, and deposit "such "" also five pounds for every day afterwards during which such copies. copy shall be not so kept or deposited. 1G4. And be it enacted, That this Act shall not extend to Act not to Scotland. extend to 165. And be it enacted, That this Act may be amended or cot an< ' repealed by any Act to be passed in the present session of ame " d gd 6 Parliament. this session. Schedule referred to by the foregoing Act. to wit. Be it remembered, that on the day of , in the year of our Lord A. B. is convicted before us, C, B., two of her Majesty's justices of the peace for the county of [here describe the offence generally, and the time and place when and where committed], contrary to the [here imine the Special Act~\. Given under our hands and seals the day and year first above written. C. B. 23 & 24 Vict. c. 10G. An Act to amend the, Lands Clauses Consolidation Acts (1845) in regard to Sales and Compensation for Land by way of a Rent-charge, Annual Feu Duty or Ground Annual, and to enable Her Majesty's Principal Secre- tary of State for the War Department to avail himself of the Powers and Provisions contained in the same Acts. [20$ August, I860.] Whereas it is expedient to extend the provisions of the 8 & 9 Vict. Lands Clauses Consolidation Acts, 1845, in regard to sales c - ls - of land, or compensation for damages, in consideration of an annual rent-charge, annual feu duty or ground annual, and to enable her Majesty's principal secretary of state for the war department to avail himself of the powers and pro- visions contained in the same Act for the purchase of lands wanted for the service of the war department or for the defence of the realm : Be it enacted by the Queen's most ex- cellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present R 5 370 appendix.— 23 & 24 Vict. c. 106. Tart of sect. 10 of recited Act repealed, Sects. 10 and 1 i of recited Act, as to power to sell, &c. lands for an annual rent- charge, and to recover, extended to all sales, &c. where parties are under disability. Similar pro- viso with re- gard to lands sold under sect. 10 of 8 & 9 Vict. c. 19. Amount of rent -charge to be settled in manner directed in the 9th sec- tion of recited Acts. Parliament assembled, and by the authority of the same, as follows : 1. So much of the tenth section of the Lands Clauses Consolidation Act, 1845, as provides that, save in the case of lands of which any person is seised in fee or entitled to dispose absolutely for their own benefit, the consideration to be paid for any lands, or for any damage done thereto, shall be in a gross sum, is hereby repealed. 2. The power to sell and convey lands in consideration of an annual rent-charge provided by the tenth section of the said Act, and the power to recover such rent-charge provided by the eleventh section of the said Act, are hereby extended to all cases of sale and purchase or compensation under the said Act, where the parties interested in such sale, or en- titled to such compensation, are under any disability or incapacity, and have no power to sell or convey such lands, or to receive such compensation, except under the provisions of the said Act. 8. The power to sell and convey lands in consideration of an annual feu duty or ground annual, under the tenth sec- tion of the Lands Clauses Consolidation (Scotland) Act, 1845, and the power to recover such annual feu duty or ground annual, are hereby extended to all cases of sale or purchase or compensation under the said Act, where the parties interested in such sale are under any disability or in- capacity, and have no power to sell or convey such lands, or to receive such compensation, except under the provisions of the said Act. 4. In every case of such sale or compensation by any parties other than parties seised in fee or entitled to dispose absolutely of the lands so sold or damaged, the amount of such rent-charge, annual feu duty or ground annual herein- before mentioned, shall be settled in the manner directed in the ninth section of each of the said Acts respectively : pro- vided, that the amount of such annual rent-charge, annual feu duty or ground annual, shall in no case be less than one- fourth part greater than the net annual rent received by the parties beneficially interested in such lands, upon an average of the last seven years ; and that a charge of five per cent, on the gross sum estimated or fixed as aforesaid, by way of compensation for any damage that may be done to the said lands, shall in all such cases be added to and shall form a part of the said rent-charge, annual feu duty or ground annual ; and that no fine, foregift, grassum, premium or other consideration in the nature thereof, shall be paid or taken in respect of the lands so sold or damaged, other than the annual rent-charge, annual feu duty or ground annual, made payable for such lands : provided also, that such rent-charge shall be and remain upon and for the same uses, trusts and purposes as those upon which the rents and profits of the land so conveyed stood settled or assured at or immediately before the conveyance thereof, and shall be a first charge LANDS CLAUSES ACTS AMENDMENT ACT. 371 on the tolls and rates, if any, payable under the Special Act. 5. In case the promoters of the undertaking shall be em- if lands pur- powered by any Act or Acts relating thereto, to be passed chased by after the passing of this Act, to borrow money to an amount ^ ay (r of * ent " not exceeding a prescribed sum, then in the event of the pro- rowing moters of the undertaking agreeing at any time after the powers to be passing of this Act with any person, under the powers of redu . ced P r °- this Act and of either of the Acts hereinbefore mentioned, portlonal 3 ■ or of either of the said Acts, only, for the purchase of any lands in consideration of the payment of a rent-charge, annual feu duty or ground annual, the powers of the pro- moters of the undertaking for borrowing money shall be reduced by an amount equal to twenty years' purchase of any rent-charge, annual feu duty or ground annual, so for the time being payable. 6. The clauses contained in " The Lands Clauses Con- Certain solidation Act (1845)," relating to the purchase of lands by ^ ,a "f s . in agreement, and to agreements for sale and conveyances, c 18 ex ^ ' sales and releases of any lands or hereditaments, or any tended to estate or interest therein, by parties under disability, shall purchases of extend and be applicable to all purchases of land and here- lai ? d ? &e ' for ditaments for public purposes which shall be hereafter made poS es. by the council of any city or borough, with the sanction of the commissioners of her Majesty's treasury, under the powers for that purpose contained in " The Municipal Cor- poration Mortgages, &c. Act (I860)." 7. For the purchase or acquisition of any messuages, Power to lands, tenements and hereditaments wanted for the service secretai 7 of the admiralty or of the war department or for the defence u ° S e"he" l ° of the realm, it shall be lawful for her Majesty's principal powers given secretary of state for the war department for the time being to promoters to use all or any of the powers and provisions by " The ? £ k " n ^ ei K Lands Clauses Consolidation Act, 1845," and by" The Lands g & 9°vict. Clauses Consolidation (Scotland) Act, 1845," given to pro- c 18. moters of the undertaking, as therein mentioned, and for such purposes the said principal secretary shall be deemed and taken to be the promoters of an undertaking within the meaning of the said Act, and all the powers and provisions thereof shall, if used by her Majesty's principal secretary of state for the war department, be treated as if they were con- tained in the fifth and sixth Victoria, chapter ninety-four, for the purpose of being used and made available by the principal officers of her Majesty's ordnance, and had "been transferred to the said principal secretary for the time being by the eighteenth and nineteenth Victoria, chapter one hundred and seventeen, for the purposes aforesaid : pro- vided always, that nothing herein contained shall authorize any purchase otherwise than by agreement of any land, except according to the provisions of the twenty-third section of the said Act of the fifth and sixth Victoria, or prejudice or affect the powers and authorities of the said 372 appendix.— 23 & 24 Vict. c. 106. principal secretary for the time being under the said last-men- tioned statutes, or either of them. This Act and 8. This Act shall be read and construed as part of the 8 & 9 Vict. said Lands Clauses Consolidation Act, 1845, or of the Lands to'be 8 con^ 19 ' Clauses Consolidation (Scotland) Act, 1845, in all matters strued to- i Q which it relates to the said Acts respectively ; and in gether. citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression of " The Lands Clauses Consolidation Acts Amendment Act, 1860." INDEX. ABANDONED MINE, railway company not entitled to restrain owner from restoring a mine abandoned forty years, 219. ABANDONMENT. See Notice to Treat. of notice to treat, in what cases allowed, 23. ABSENT PARTIES, compensation to absent parties to be ascertained by a surveyor, 175 et seq. costs of, 194. ACCESS, loss of access to the sea, 125, 222. ACCIDENTAL FIRE. See Fire. ACCOMMODATION WORKS. See Communication. ACTION AT LAW, when damage remediable by action, 66, 127 ; when right of action taken away, 67 ; compensation not always given in such cases, 68; a party entitled to easement, over lands purchased by com- pany, cannot maintain an action for acts prejudicial to his rights, 85; an award may be enforced by action, 151 ; special damage necessary for action against railway company for obstructing roads, 213 ; action of debt lies on inquisition, 175 ; proper party to sue where penalty made payable to owner, 213 ; railway com- pany liable to an action for nuisance committed on entry on lands for repair of line, 207. ADDITIONAL LAND. additional land may be taken after prescribed time, but certificate of Board of Trade necessary, 20, n. ADJUDICATION OF COSTS. See Costs. AFFIDAVITS, affidavits for writ of certiorari must be complete in first instance, 175 ; defect cannot be supplied by fresh affidavits, ib. AFFIRMATION, affirmation or declaration included under the word oath, 132, n. O i 4 INDEX. AGREEMENTS, agreement for a lease, tenancy under, 129. agreements to sell lands with promoters before obtaining their Spe- cial Act. See Promoters. after the passing of the Special Act, 13. when the promoters are an existing company, 11, 15, n. by persons under disabilities, or having limited interests, 14 ; spe- cific performance of, when granted, 13, 16. how agreements should be evidenced, 13. a company cannot release itself from an agreement by impediments of its own creation, 15. nor on the ground of insufficient funds, ib. agreements to refer amount of compensation to arbitration, 136. no costs where company agree to give more than claimant asked, 201. AIRWAYS IN MINES, provisions respecting airways in mines, 216; compensation in respect of airways, ib. AMENITY, injury to the amenity of a house or residence no ground for com- pensation, 121 et seq., 125. ANNUITANT, case in which an annuitant was not considered entitled to compen- sation, 124. APPEARANCE, provision if claimant fail to appear, 163, 175, 203; appearance in one case of claimant is an appearance in all, 176 ; witness failing to appear at inquiry, 163. APPOINTMENT. See Arbitration ; Justices; Surveyor; Um- pire. APPORTIONMENT OF RENT, arbitrators cannot apportion rent, 148, 183. where part of land only is taken, ib. APPROACHES TO LAND, arbitrator has no power to set out approaches to lands not taken in lieu of communications formerly existing, 148. ARBITRATION. See also Costs ; Umpire. when claimant has the option of a jury or an arbitration, 133 ; claimant should express his desire of arbitration, 134 ; how long claimant has to exercise his option, ib. ; if claimant do not express his desire, question to be settled by a jury, 135 ; single arbitrator, ib. ; when submission to arbitration complete, 136; appointment how made, ib. ; cannot be revoked, ib. ; except by the court or a judge, 149; should be notified to the other party, 136; this notice to be express in its terms, ib. ; objection to arbitrator appointed by other party, ib. ; perfect compliance with forms only necessary in compulsory arbitrations, 135 ; arbitrator may be appointed to INDEX. 375 act for both parties, 136; two appointments necessary in this case, ib. ; how company's appointment to be made, 137; how that of the claimant, ib. ; no interested person to be appointed, 138 et seq.; provisions if arbitrator die, 140; if either arbitrator neglect to act, other to proceed, ib.-, arbitrators required to ap- point an umpire, 141; both to exercise their judgment in such appointment, ib. ; if umpire refuse to act, ib. ; Board of Trade to appoint an umpire in certain cases, ib.; death, &c. of single arbitrator, 143; declaration by arbitrators, ib. ; may be made be- fore any justice, ib. ; omission of this declaration, ib. ; arbitrators to deliver their award to company, 144; company to take up the award, ib.; arbitrators not bound to deliver up award till payment of their fees,/6. ; may call for documents and examine on oath, 145 ; submission may be made a rule of court, ib.; no award to be set aside for matter of form, ib. ; duties of arbitrators, ib.; what de- fects make an award bad, 147 et seq.; mistakes in law do not invalidate an award, ib. ; nor in fact, ib. ; fraud or excess in juris- diction the only ground for setting an award aside, 148; arbi- trators can award nothing but money, ib.; arbitrators binding themselves to abide by decision of other persons, ib. ; award confounding valid with invalid claims, 149; award determining matters by silence, ib. ; applications to set aside an award, when to be made, ib. ; submission may be revoked by a judge, ib. ; what time arbitrators have to make their award, 150; to appoint an umpire, ib.; appointment of arbitrator under protest, ib.; arbitrator's fees may be taxed, ib. ; modes of enforcing award, 151 ; award does not settle right of claimant, ib. ; may be for one entire sum, ib.; may find damage nominal, ib. ; cases where arbitrators have exclusive jurisdiction, 152; provisions in Rail- way Clauses Act respecting arbitrators, ib., 225; costs of arbitra- tion, 189 — 194 ; adjudication of costs need not be settled within three months, 154, 192, n. ; valuation of surveyor may be sub- mitted anew to arbitration, 178; only question in these cases, ib.; costs of these arbitrations, 179, 193. ARBITRATOR. See Arbitration. ARBITRATOR, SINGLE. See Arbitration. ARCH, throwing an arch over a building is not taking part of it, 53. See Building ; Easement. ARRAY, may not be challenged, 161. ASSESSMENT. See Arbitration ; Damage; Jury. ATTACHMENT, an attachment does not lie against a railway company for non- performance of award, 151. AVENUE, avenue or approach to a mansion house protected in certain cases, 211. AWARD. See Arbitration. 376 • INDEX. B. BANK. See Deposit. BEER. See Vibration. BILL, course to be adopted by one opposing a bill in parliament, 11. BOARD OF TRADE. See Trade, Board of. BOND, from company before entry on lands, 33. should be expressed in the words prescribed, 37. where bond invalid, company's entry unlawful, ib. separate bonds to tenants in common, ib. sureties may be fixed on by the company without notice to the claimant, 33 ; by whom to be approved, 34; bond from railway company taking temporary possession, 209. BRANCH RAILWAYS, owners, &c. of lands adjoining railway may make branch lines, 225 ; no limitation on this right, ib. BREWER'S LEASE, a company taking public house must compensate lessor for cove- nant on lease, 83. BRICK FIELD, cannot be entered upon, 207. BRIDGES. See Communication; Gates. BUILDING. See House ; Manufactory. part of a building cannot be taken, 45 — 53 ; throwing an arch over a building is not taking a part of a building, 32. See House ; Manufactory ; Time. BUSINESS, loss of, where premises taken, matter for compensation, 84. BYSTANDERS, may serve on jury if qualified, 161. C. CAPITAL, capital of a company must be subscribed for before compulsory powers can be enforced, 20 ; certificate of justices evidence of this, ib. ; this provision does not apply to an existing company, ib., 82 ; need not appear on the inquisition that all the capital has been subscribed for, 172. CERTIFICATE, of capital being subscribed, 20; not necessary when an existing company are subscribers, ib. INDEX. 377 CERTIORARI, proceedings not to be removed by certiorari, 169; granted in some cases notwithstanding this provision, ib., 173; granted if no jurisdiction, 169; or if excess of jurisdiction, 173; is in discre- tion of the court, 174; statutory limitations as to time do not apply, 175; affidavits in support, of, must be complete, ib. CHALLENGE. $eeJuRY. CHANCERY, COURT OF, doctrine of equity as to contracts while bill is in parliament, 4 — 1 2 ; land in possession of a receiver of, must not be taken without leave of the court, 38; will decree specific performance of con- tracts to sell, 13, 25, 81 ; will stay sale of lands after notice to treat, 25 ; has no power to compel company to take up award, 144, n.; will not assume that claimant is entitled to any com- pensation, 144, n. CLAIM. See Claimant. CLAIMANT. See Arbitration ; Costs; Damage; Jury. particulars of claimant's interest should be strictly correct, 26 et seq. ; should specify any existing tenancies, 26. will be good, though incorrect, if not tending to mislead, 27- great attention should be given to them, ib. verbal communications may be sufficient, ib. notice by claimant held sufficient though it only alleged he was "occupier," ib.; allegation that he was lessee not sufficient, ib. ; cases distinguished, ib ; claimant cannot be compelled to sell part of a house, &c, 45—51 ; claimant's application to justices must be made within six months, 130; claimant must demand special jury in his original notice, 157 ; when onus lies on claimant of taking the first step, 65, 156; claimant to be deemed the plain- tiff; effect of this provision, 162; if claimant do not appear at inquiry, 162, 176, 203 ; right or title of claimant cannot be entered upon by jury or arbitrator, 166 et seq., 169. CLERK OF THE PEACE, to keep verdict and judgment, 170 ; must allow copies and inspec- tion of them, ib. COAL. See Mines. COLLIERY, inundation of a colliery a good ground of compensation, 101; com- pany cannot restrain owner from working a colliery though abandoned forty years, 220. COMMISSIONERS, consent of commissioners of treasury required before corporations can sell in certain cases, 15; commissioners acting on behalf of executive may revoke notice to treat, 24; powers of commis- sioners of railways transferred to Board of Trade, 142, n. 378 INDEX. COMMON LAND, committee of commoners to be appointed to negotiate with com- pany, 179 ; surveyor to assess compensation, ib. COMMUNICATIONS, between intersected lands, 54 et seq. ; arbitrator has no power to set out approaches to land in lieu of communications formerly exist- ing, 148; communications between mines, 216; interference by line with 1 communications between neighbouring lands, 221 et seq.; company to make good interruptions caused by railway, 222; justices to determine what gates, &c. necessary, ib. ; company not bound to make any communications where owners receive compensation, ib. ; extent of duty imposed on companies, ib., 223 ; duty where line crosses a highway, ib. ; compensation instead of accommodation works cannot be insisted on, 224; right of crossing till proper communications made, ib.; this right how lost, 225; owners, &c. may make branch railways, ib.; no limi- tation can be put on this right, ib. COMMUTED TITHES. See Tithes. COMPENSATION. See Action at Law; Arbitration; Damage; Jury; Justices; Surveyors. test to determine amount of, 60 ; questions of, may now be tried as issues in ordinary actions, 153; should be once for all assessed, 61 — 64, 83; exception, 78 et seq., 81. COMPULSORY POWERS. See Powers of Railway, &c. Com- panies. nature of powers possessed by railway and other public companies, 19 — 40 ; must be clearly given, 21, n. COMPULSORY SALE, no compensation for costs of, 62; but the jury may take the circum- stances into consideration, ib. CONSECRATED GROUND, how valued when taken by a public company, 85; rights of church trustees in, ib. CONSENT, consent of landowner to entry by company cannot be revoked, 36, n. CONSTRUCTION OF RAILWAY, qumre, whether compensation for damage after construction of per- manent works, 72, 122. CONSTRUCTIVE TAKING, a constructive taking not sufficient to entitle claimant to avail him- self of summary remedy, 77. CONTRACT. See Agreement. CONVERSION. See Notice to Treat. mere notice to treat does not work conversion, 25; conversion takes place when price is fixed, 17, 25. INDEX. 379 COPY, of verdict and judgment, 170; of awards, 226. CORONER. See Sheriff. wben inquisition to be held before coroner, 160; powers of, 161 et seq.; quicre, when one of the sheriffs of Middlesex is interested, 160 ; a coroner may appoint a deputy, 161. CORPORATIONS, sale of lands by municipal corporations, 15. COSTS. See Arbitration; Jury; Justices. of compulsory sale, no compensation for, 62 ; butthejury may take the circumstances into consideration, ib. ; when compensation assessed by justices, 189 ; provisions as to costs of arbitrations, ib. et seq. ; if company make no offer, claimant entitled to costs, 190 ; no costs, if claim wholly disallowed by arbitrators, ib. ; if part of claim is disallowed, ib. ; umpire may award costs, 191; costs may be settled by a subsequent instrument, ib. ; adjudication of costs may be after expiration of three months, 192; no costs if agreement silent as to them, 193 ; award of costs good, though amount is not mentioned, 194 ; claimant entitled, though he gave no notice, ib. ; costs to absent parties, ib. ; amount of, how set- tled now, 195; mode of recovering costs of an arbitration, ib. ; provisions as to costs in jury cases, ib. ; meaning of " the sum previously offered," 197 et seq. ; company cannot claim part of their costs from claimant where same amount or less given, 198 et seq.; or where the offer is clogged by a condition, 199; doubt as to costs, where company have made no offer, 200 ; costs must be given expressly, ib.; no costs where company agree to give more than claimant asked, 201 ; difference as to costs to be settled by a master, ib.; doubt as to costs of lessees, 202; how costs may be recovered when payable by company, 203; when payable by a claimant, ib. ; mandamus will not be granted for costs in first instance, ib.; where compensation to absent, &c. parties is assessed by a surveyor, costs to be borne by company, 177- COUNTER-NOTICE, when claimant should give counter-notice to company, 46. COUNTY COURTS ACT, jurisdiction within which railway companies should be sued under, 76. COVENANT IN A LEASE, when abrogated by notice to treat, 28; value of, matter for compen- sation, 83. CROPS, value of crop or dressing, when to be paid, 210. CROSSING A RAILWAY. See Communications. CROWN, when lands belonging to the crown cannot be taken, 21. 380 INDEX. CURTILAGE. See House. CUSTOM, loss of trade and custom whether ground for compensation, 84, 101 et seq., 118. D. DAMAGE, by extension of time of compulsory powers, 20, n. ; of a permanent nature, where entry was with consent of tenant, 37; public com- panies not liable to make compensation for every damage, 57 ; some cases of damage not remediable in any way, ib. ; two prin- cipal classes of cases of damage, 5S ; first class, ib. ; tribunals for assessing compensation for, ib.; for what only compensation is given, 59; all the damage appreciable should be ascertained and assessed once for all, 61 — 64, S3 ; possibility of damage not suf- ficient, 40; liability for, of company substituted for another, 61, n.; distinction between the two classes of cases, 64 ; distinction be- tween lands taken, and lands merely injuriously affected, 65; when damage the subject of compensation, when remediable by action ; general rule, 66, 76 ; when no remedy either by action or compensation, 67 ; no damage matter for compensation but such as would have been actionable but for the parliamentary powers, 67 ; this rule denied, 68 ; but established by authorities, 69; its converse not true, 68, 106; if compensation can be required, right of action taken away, 69 ; one exception to ge- neral rule respecting claims of compensation, 70; whether any remedy for damage caused by regular working of line, 72, 122 ; argument from public convenience denied to be sound, 73 ; mul- tiplicity of actions, 75; no personal inconvenience the subject of compensation, ib., 110; summary remedy where lands injuri- ously affected, 76; constructive taking not sufficient to entitle owner to this remedy, 77 ; previous issue of notice to treat does not deprive claimant of this remedy, 78 ; cases in which claimant may consider his lands injuriously affected, ib. et seq., 89 et seq. ; meaning of injuriously affected, 87, 88 ; course to be pursued by owner when his lands are injuriously affected, 88 et seq.; no set- off of benefit to the public allowed as against a claimant, 73, 103 ; four conditions essential to right to compensation for damage to land, 116; cases of damage not remediable either by claim or action, 1 19 et seq. ; provisions as to compensation in Railway Clauses Act, 205 ; compensation for crop, &c, where temporary possession is taken, 210; for permanent injury, 211; no action lies against company for obstructing a road without special damage, 213 ; damage to roads, 214. DEATH. See Arbitrator. DEBT. See Action. DECLARATION. See Arbitration ; Umpire; Surveyor. declaration or affirmation included under word " oath," 132, n., 162, n. INDEX. 381 DEFECT OF FENCES, extent of duty of railway company as to fences, 223 ; where line crosses a highway, ib. DELAY. See Mandamus, DEPOSIT. See Bond. deposit and bond before company can enter on land, 33 et. seq. ; re- paid or applied by order of the Court of Chancery, 36; notice to landowner of their intention not necessary, 33 ; railway com- panies may take temporary possession without any deposit, 206. DEPRECIATION. See Damage. what depreciation in value is a ground for compensation, 87 et seq. DEPUTY. See Under-sheriff. DISABILITIES, power given to persons under disabilities to sell their lands, &c, 14; contracts with such persons binding on those in remainder, &c, ib. ; condition required before courts of equity will enforce contracts with, ib.; such persons enabled to sell for rent-charges, 15 ; semble, companies cannot purchase from these any mere terminable interest, ib. ; compensation to such persons, how assessed, 179. DISTRESS, rent- charge recoverable by action or distress, 15; tithes commuted may be recovered by distress, 101, 119 ; money awarded by jus- tices may be distrained for, 132 ; costs payable by company may be distrained for, 203. DOCUMENTS, production of documents before arbitrator or umpire, 145. DOUBTS, interpreted in favour of landowner, 22. DRESSING. See Crops. E. EASEMENT, an easement is an interest in lands entitling the owner to compen- sation, 30; an easement no part of a house, &c, 53; semble, com- panies have no power to treat for such property, ib. ; a vendor selling land or rights of easement to a railway company bound to leave sufficient vertical and lateral support under the land sold, S2 ; a party entitled to an easement over lands purchased by a company cannot maintain an action for acts prejudicial to his right, 85. EJECTMENT. See Trespass. ENTAILED LANDS, lands entailed by Act of Parliament may be taken, 21. 382 INDEX. ENTRY, POWER OF, on what lands, 21; for purposes of surveying, &c, ib., 35; Ian !s must be bond fide necessary, 21 et seq.; nature of summary power of entry, 32 ; semble, notice to treat must have been previously given, 33 ; in what cases this power is exercised, ib. ; deposit and bond, ib. ; not necessary to give notice of their intention to make deposit, ib.; if met by a counter-notice must pay in value of the whole, 35 ; company may enter though they have given notice of their intention to issue their warrant, 38, 157; and though aspect of property may be changed by entry, ib. ; if lands entered upon are mortgaged, 35; penalty for wWul entry, 36; where there are tenants in common, ib. ; powers of entry under Railways Clauses Act, 38, 206 et seq. ; informal entry cured by subsequent steps, 33, n. EQUITABLE LIEN, gives a title to compensation, 31. EQUITABLE MORTGAGE. See Mortgagee; Interest in Lands. EQUITABLE TENANT, an equitable tenant for life cannot alone convey, 14, n. EQUITY. See Chancery, Court of. ERROR. See Arbitration ; Award. ESTATES, what estates may be sold to company, 14 et seq. ; what estate qualifies owner to bind those in remainder, 14, n., 15 ; estates settled by Act of Parliament may be sold, 21 ; not estates be- longing to the crown unless crown named, ib. ; no mere ter- minable interest can be purchased from persons under disabili- ties, 15. EVIDENCE. See Documents. arbitrator or umpire may examine parties, &c. on oath, 145 ; sheriff must summon anyone as witness either party may require, 162 ; no remedy for improper rejection or admission of evidence, 167 ; penalty if witness fail to appear, 163; court will not enter- tain objection that award is against evidence, 147; verdict and judgment of compensation jury may be proved by parol evidence, 170; fire caused by sparks from an engine prima facie evidence of negligence, 123, n. EXAMINATION. See Witnesses. EXCESS OF JURISDICTION. See Certiorari ; Jurisdiction. where excess of jurisdiction, certiorari will be granted, 173 ; al- though such excess is in part only, 174. EXCESS OF POWERS, by company not matter for compensation, 126 ; remedy for damage caused by, 76, 123. INDEX. 383 EXECUTION OF WORKS. See Damage. no remedy for damage inflicted by regular working of line after erection of the permanent works, 72, 122; meaning of "injuri- ously affected," 89 et seq.\ course to be pursued by landowner when his land is injuriously affected by works of company, 88 ; cases where lands have been held to be injuriously affected by works, 89 et seq. ; under Railways Clauses Act, 204 et seq. EXPENSES. See Costs. EXTRACTS. &e Copy. EXTRAORDINARY PURPOSES, lands for extraordinary purposes may be purchased in addition to lands taken compulsorily, 18, 55 ; entire quantity not to exceed quantity prescribed, 18. FAILING TO APPEAR, provisions, if claimant fail to appear at inquisition, 163, 175, 203; penalty if witness fail to appear at inquiry, 163 ; appearance in one case of claimants, is an appearance in all, 176. FEES, of arbitrator may be taxed, 150 ; lien of arbitrator or umpire for fees, 144, n. ; where jury give same amount or less, company not entitled to call on claimant to pay part of their fees to counsel, &c, 198. FENCES. See Gates. removing fences where lands intersected, 54; where railway com- panies take temporary possession, 209 ; fences between railway and adjoining lands, 223 ; extent of this duty, ib. FERRY, access to ferry obstructed, a good ground for compensation, 100. FIRE, when a railway company are responsible for accidental fire, 123 ; fire prima facie evidence of negligence, ib., n. FIXTURES, part of a manufactory, 52 ; if company enter under 85th section, fixtures must be valued and value paid into court, ib.; though removable, may be considered in assessment of compensation, 187. FRONTAGE VALUE, depreciation in value of frontage land, a good ground of compensa- tion, 102, 113. FUNDS. See Capital. 384 INDEX. FUTURE DAMAGE, possibility of damage not sufficient, 62 ; all damage capable of being foreseen should be estimated and assessed once for all, 61 — 61, 83 ; exception in case of mines, 221 ; owner not entitled to com- pensation for future damage after previous settlement, 61. G. GARDENS, garden when part of a house, 48, n. et seq. gardens in certain cases may not be entered on, 206. GAS PIPES, gas pipes may be removed, but not till others laid down, 39. GATES, erection of gates on a private road a good ground of compensation, 90; not on public road, ib., n., 109, 121 ; erection of gates where railway company take temporary possession, 209 ; main- tenance of gates, &c. leading to, &c. railway, 222 ; where line crosses highway gates to be kept closed, 223 ; justices to decide on any disputes, 222. GOOD-WILL, good-will of a house, &c, a ground of compensation, 183, 185. GRAMMAR SCHOOL, interest of master of a grammar school, 182; master should pro- ceed before two justices, ib. GRAVEL, may be taken, 207. H. HIGHWAY. See Road, Public. obstruction of, and consequent loss of custom, 101 — 117. HOUSE. See also Manufactory. part of a house cannot be taken, 45. this provision merely protects claimant, ib. company receiving counter-notice to take all, may refuse to take any, ib. counter-notice a suspension of the original notice to treat, 46. when withdrawn in time, original notice to treat revived, ib. relation of vendor and purchaser after notice and counter-notice, ib. owner does not, by offering to sell a part, preclude himself from relying on this provision, 46. meaning of" at any time" in this section, ib. meaning of the word " house," ib. et seq. unfinished houses are "houses" within the meaning of this sec- tion, 48. INDEX. 385 HOUSE — continued. provisions of this section construed liberally for the landowner, 49. test to be applied as to what is, or is not, part of a house, ib., 50. where parts of the premises are held under different demises, ib., n. semble, a company passing under a house, &c, by a tunnel, may be compelled to take the whole of the premises, 51 ; an easement no part of a house, &c, 53 ; what point of time to be regarded in deciding whether a property is or is not part of a house, ib. ; depreciation of frontage land before houses, a ground for com- pensation, 102, 113; if part taken, owner cannot compel com- pany to take any portion less than the whole, 45, n. ; mansion houses protected in certain cases, 206. I. IDIOTS, notice to treat to persons in an imbecile state of mind, 24, n. IMBECILE PERSONS, notice to treat to such persons, 24, n. IMPANELLING. See Jury. INADVERTENCE. See Omission. INCAPACITY. See Disabilities. INCHOATE PURCHASE, by service of notice to treat, 24 et seq. INJURIOUSLY AFFECTED. See Damage; Entry, Power of. summary remedy where lands injuriously affected, 76 ; meaning of injuriously affected, 87 et seq. ; classes of cases where owner may consider his lands injuriously affected, 78 ; course to be pursued by owner of lands injuriously affected, 34 et s,eq., 88 et seq. ; enu- meration of cases where lands held injuriously affected, 89 et seq.; important distinction between lands taken and lands merely in- juriously affected, 65, 89 ; cases where there is no remedy though lands injuriously affected, 119 et seq.; under Railways Clauses Act, 205 et seq. INJURY. See Damage. INQUISITION. See Jury. INSPECTION, of awards, 226; of verdict and judgment, 170; of mines by rail- way companies, 217 ; right exists apart from enactment, ib., n. INSURANCE PREMIUM, increase in, caused by construction of railway, a good ground of compensation, 118. I. S 386 INDEX. INTEREST, to be paid by company from time of entering, 33, 37. INTEREST IN LANDS, what interest in lands entitles owner to compensation, 29; right of sporting over land by parol agreement does not, ib. ; semble, nor by grant under seal, 30; a contract for the purchase of land does not, ili.\ an easement does, ib. ; so does an equitable lien, ib.; interests of mortgagee and mortgagor, 31, 32. INTERESTED PERSONS, justices not to be interested, 131; sheriff, &c. not to be interested, 159; directions respecting interested persons may be waived, 160; if under-sheriff interested, warrant should still be directed to sheriff, ib.; qu. if one of the sheriffs of Middlesex interested, ib. ; interested surveyor should not make valuation, 35; no inte- rested person should be appointed arbitrator or umpire, 138 et seq.; award should not be drawn by such person, 139; land of absent, Sue. parties not to be valued by interested surveyors, 177. INTERESTS OMITTED, provisions as to interests omitted to be purchased, 60. INTERRUPTION OF COMMUNICATIONS. See Communica- tions. INTERSECTED LANDS. See Communications. owners may insist on sale, 54. or may require them to be thrown into other land of the owner, ib. company may insist on purchase when expense of bridge, &c. ex- ceed value, ib. ; costs of inquiries, 55; where lands are intersected, right of way given, ib. ; company cannot by offering to buy piece cut off avoid paying compensation for private road leading else- where, 56. IRREGULARITY. See Arbitration; Award; Certiorari. J. JUDGMENT. &e Jury. JURISDICTION. See Excess of Jurisdiction. jurisdiction within which companies should be sued under the County Courts Act, 76. JURORS. &e Jury. not to be summoned oftener than once a year, 162; individual jurors may be challenged, but not the array, 161 ; six or more of them may be ordered to view the place, &c, 162; but not in another county, ib. ; penalties on jurors making default, ib.; jurors to be sworn, 163. INDEX. 387 JURY. See Costs; Certiorari; Jurors; Sheriff. in what cases jury assess compensation, 154- et seq. ; steps to be taken, ib. ; when company to give notice of their intention to issue their warrant, 156; in what not, ib. ; issue of notice does not prevent company from entering on land, 157; company to issue their warrant even after expiration of their period, 158; direction and contents of the warrant, ib. et seq. ; waiver of objec- tion, ib. ; time and place of holding inquiry, 161 ; challenge, ib. : mode of holding inquiry, 162; penalties on sheriff and jurymen, ib. et seq.; on witnesses, ib. ; provisions if claimant do not appear, ib.; special jury, ib. et seq- ; inquisition not void by omission to strike special jury in proper time, 164; jury may assess one gross sum, unless required to give separate verdicts, 165; right of claimant cannot be inquired into, 166 et seq., 169; verdict and judgment to be recorded, 170; not records for all purposes, ib. ; may be proved by parol evidence, ib. ; form of inquisition, ib., 171 ; what must appear on the face of it, 171 et seq.; trial before less than twelve, 172; or after the time limited, 173; provisions as to certiorari, 169, 173 et seq.; party objecting to inquisition must have clean hands, 174; action of debt lies on inquisition, 175 ; what may be recovered in this action, ib. ; inquisition should be signed by sheriff, though held before under-sheriff, 160, n. JUSTICES OF THE PEACE, certificate of two justices that capital has been subscribed, 20 ; is not necessary where existing company are the promoters, ib., 82 ; when compensation settled by two justices, 128 et seq.; in the metropolis, a single police magistrate has same power as two jus- tices, 128, n. ; justices may assess one gross or entire sum, 130; application to justices must be made within six months, ib. ; de- cision of, where final, 131; qualification of justices, ib.; must not be interested, ib.; mere possibility of a bias does not dis qualify, ib. et seq.; decision may be given verbally, 132 ; mode of enforcing money awarded by justices, ib. ; may examine on oath, ib. ; are to determine compensation for private road, 133 ; rent of land taken temporarily to be settled by two justices, ib. ; de- claration by arbitrators or umpire before justices, 143 ; this de- claration may be made before any justice, ib.; apportionment of rent of lands comprised in a lease, 182; costs when justices assess compensation, 189; justices to inquire into objections to railway companies taking temporary possession, 208 et seq.; to decide what gates and fences are necessary, 209 ; to decide on compensation where private roads are taken, 211 ; and on objec- tions of owner, 212 ; justices may direct repairs to roads, 214 ; the order of the justices, ib. et seq.; to determine on communica- tion between neighbouring lands, 222. L. LANDLORD, landlord has no lien on compensation to tenants paid into court, though rent in arrear, 183. tenant's liability to, for rent when compelled to leave by a company, ib. et seq. S 2 088 INDEX. LANDOWNER. See Claimant ; Damage. contracts with, while company's bill is in parliament, 4 — 12. only prudent course for a landowner who is opposing a bill in par- liament, 11, 12. may compel completion of purchase although limited period ex- pired, 579. when he must take the initiative and begin proceedings, 65, 156. cannot be compelled to sell part of a house, manufactory, &c, 45—51. LANDS. See Claimant; Damage; Entry, Power of. power to take lands, 19 et seq. what lands may be taken, 21 — 23. what for extraordinary purposes, 18. meaning of the word "lands," 80, n. additional lands, 21. LEASE, apportionment of rent where part only of land comprised in a lease is taken, 182. company may compel production of lease, 129, 187. advantageous covenants in a lease, 83. LESSEES, lessees from year to year peculiarly circumstanced as to compensa- tion, 129, 181 ; when compensation must be assessed by justices, ib.; when by arbitrators or a jury, ib. ; yearly lessee may avail him- self of summary remedy, ib. ; for what lessee is entitled to com- pensation, 182 et seq.; landlord has no lien on compensation, 183; tenant's liability for rent where compelled to quit before quarter day, 184 ; course to be pursued by a yearly tenant who receives a notice, ib. ; enumeration of cases in which yearly tenants, &c. have been held entitled to compensation, 185 — 187; stipulations of holding may disentitle claimant, 186; production of lease, 187 ; manner of avoiding compensation to yearly tenants, ib. ; great injustice thereby done, ib. ; underlessee maybe entitled to compensation, 186; fixtures, though not removable, may be taken into consideration by jury, 187; whether lessees are en- titled to costs in certain cases, 202. LEVEL CROSSINGS, company's duty to keep gates closed against cattle straying, 223. LIEN, of arbitrators to retain award, 144. landlord has no lien on compensation paid into court, 183. LIFE, TENANT FOR, an equitable tenant for life cannot alone sell, trustees must join, 14, n. LIMESTONE, limestone not a mineral, 215, n. INDEX. 389 LIMITED INTEREST. See Disabilities. LIMITED TIME. See Time. LINE OF RAILWAY, entry on lands for surveying, &c. line of railway, 21, n. gates to be closed when line crosses highway, 223. LOSS. SeeDAMAOE; Injuriously affected. LOTS, when umpire may not, and when he may, be selected by lot, 141. M. MAGISTRATE. See Justices of the Peace. MANDAMUS, to proceed with line where compulsory powers nearly expired, 38. not granted where there is laches on the part of the applicant, ib. to company to issue their warrant to the sheriff, 158. will issue to sheriff, 169. not a good return to, to say umpire refused to give up award, 144. MANSION HOUSE. See House. avenue or approach to, protected, 206. MANUFACTORY. See Easement; House. part of a manufactory cannot be taken, 45. what is a manufactory, 46, 51 et seq. a workshop is a manufactory, 51. trade fixtures part of, 52. an easement no part of a house, or manufactory, 53. what point of time to be regarded, in deciding whether a property is or is not part of a manufactory, &c, ib. test whether accessorial premises are part of, ib., n. meaning of " at any time" in 92nd section, 46. MASTER OF THE QUEEN'S BENCH. Master of the Queen's Bench to settle costs of inquiry, 201. but not as between solicitor and client, ib., n. the court may review his taxation, 202. MATERIALS. when they may be taken or deposited on lands, 206 ; notice by the company, 207; owner may object, 208; company may be re- quired to execute a bond, 209; company must work as owner's surveyor directs, ib. ; company must fence off lands, &c, ib. ; company may be required to purchase, ib. ; must pay the value ot the crops, &c, and make compensation, 210, 211. MESNE PROFITS, of lands, &c, compensation for, 60. 390 INDEX. MESSUAGE. See House. METROPOLITAN POLICE MAGISTRATE. See Justices of the Peace. MILL, working of mill impeded, a good ground of compensation, 89. MINERALS. See Mines. MINES, railway companies not entitled to mines and minerals under the land purchased by them, 17, 82, 215; what is included under "minerals," 17, n., 82, n.; owner cannot work mines so as to injure railway, 17; owner must give notice before working the mines, ib., 215 ; owner's right to work mines, &c. subject to com- pany's right to support, 18, 220; what meant by improper working of, 18; airways, headways, &c, 216 ; severance of mines, ib. ; company may inspect mines, 217; penalty for obstructing inspection, ib. ; company may require construction of works to make railway safe, ib. ; cases respecting mines, &c, 217 et seq. ; drowned mines, 219; semble, minerals an exception to rule that compensation is to be assessed once for all, 221. MISDEMEANOR, misdemeanor if surveyor make declaration corruptly, 177. MISDIRECTION, no remedy for misdirection of sheriff, 167. MISFEASANCE, on part of a company not matter for compensation, 126. MORTGAGEES, emitled to compensation, 31 ; entitled to compensation for being paid off before stipulated time, 35 ; deposit of company must cover this amount, ib. MUNICIPAL CORPORATIONS. See Corporations. N. NEGLECT TO APPOINT. See Arbitrators. provisions in case of neglect by arbitrators to appoint an umpire, 142. NEGLIGENCE, fire caused by sparks from engine primd facie evidence of neg- ligence, 123, n. ; where damage so caused is actionable without negligence, ib. ; negligence not matter for compensation, 127; remedy tor damage caused by, 76. 123 ; by defective fences, 223. NEIGHBOURING LANDS. See Communications. INDEX. 391 NEW TRIAL. See Jury. new trial not granted on inquiry before jury in compensation cases, 167 ; state of the law when either party is dissatisfied with trial, ib. et seq. FOMINATION. See Arbitration ; Justices; Surveyor; Um- pire. NOTICE, notice to company to take the whole of a house, 3-5 ; notice from claimant for jury where land injuriously affected, 76 ; this notice entitles him to a very summary remedy, 77; by the company of their intention to issue their warrant to the sheriff, 155 ; when the company must give this notice, 156; when the onus lies on claimant, ib. ; service of this notice does not prevent company from entering on land, 157 ; notice by the sheriff to the company of time and place, 161 ; similar notice by company to claimant, ib. ; when necessary to require special jury in original notice, 157 ; to reduce jury, 164; notice of appointment of arbitrator, 136; notice to company to dispute surveyor's valuation, 178 ; notice required from railway company before entry to survey, bore, &c, 21, n.; what notices required before railway company can take temporary possession of lands, 207 et seq. ; before taking tempo- rary possession of private roads, 211 ; contents, 208, 211 ; notice rom owners objecting to such possession, 208, 212; notice re- uiring company to purchase such lands, 210. NOTKE OF CLAIM. See Claimant. NOTIC TO TREAT. note to treat an inchoate purchase, 20 ; given under a first Act not slid after a second one has been obtained, ib., n. ; may be insisted o after expiration of prescribed time, ib., 79; but not after great dlay, 25 ; notice cannot be revoked, 23; except in two cases, ib. ; wnt of, may be waived, 24 ; objection to inquisition that it does n: appear that notice to treat has been duly served, ib. ; how to bserved, ib. ; on whom, ib. ; notices to persons of imbecile mind, ibn. ; mere notice to treat does not work conversion, ib. ; but ctversion takes place when price fixed, 25, 81 ; sale of land atr stopped by injunction, 25 ; followed by entry under a verbal ageement does not effect conversion, ib., n. ; should state accu- racy particulais of land required, 25 ; effect of any mistake in it,6. ; company bound to take all lands specified in it, 26 ; de- scption of lands in warrant must correspond with that in notice, ib. further notices may be given by company, ib.; course to be pusued by owner on receiving notice, ib. ; when it abrogates co-nants in a lease, 28 ; must have been given before power of suinary entry can be exercised, 33 ; semble, notice to treat cannot beiven for an easement, 53 ; service of notice to treat is not a " t:ing," 77; previous issue of this notice does not deprive ow?r of summary remedy, 78 ; previous notice not required wire owner and company agree to refer, 135. 392 INDEX. NUISANCE, railway company liable to an action for, in certain cases, 207. NUL TIEL AGARD, plea of, 148. O. OATH, includes affirmation or declaration, 132, n., 162. of jurors and witnesses, 162. OBSTRUCTION, penalty on railway company for obstructing a road, and not sulsti- tuting another, 212 ; penalty for obstructing inspection of miles, 217. OCCUPATION OF LANDS. occupation of lands for temporary purposes, 206 et seq.; of pivate roads, 211 et seq. OCCUPIER. See Claimant; Damage. this word barely sufficient to describe claimant's interest in ands, &c, 27 ; occupier may object to temporary possession of lands, 208; may require company to execute bond, 209 j entitled t com- pensation for such temporary possession, 210. OFFER, PREVIOUS, sum "previously offered," as to costs, 197 et seq. OMISSION, provisions respecting interests inadvertently omitted to e pur- chased, 60 ; omission to appoint an arbitrator, 136 ; omision to appoint an umpire, 142 ; effect of omission of umpire jo make declaration or award, 144; omission to strike specialjjury in proper time, 164. ONUS, wben the onus of taking the initiative lies upon the compay, when on the claimant, 65, 156. OPPOSITION TO A BILL, a peer may withdraw his opposition to a bill in parlian!nt for a consideration, 6 ; course to be pursued by a landowner oposing a bill, 11. OPTION, option to have compensation assessed by a jury or arbitraDn, 133 ; how long claimant has to exercise this option, 134. . ORCHARD, orchard may not be entered on in certain cases, 206. ORDER OF JUSTICES. See Justices. ORDINARY RIGHT, exercise of, by company not matter for compensation, 12( INDEX. 393 ORNAMENTAL GROUND, ornamental ground protected in certain cases, 206. OWNERS. See Claimant; Damage; Landowner, &c. what owners authorized to sell, 14, 15; statutory owners, 14; who the proper party to sue for a penalty made payable to owner, 213; penalty on owner obstructing inspection of mines, 217. P. PAPERS. See Documents. PARLIAMENT. See Landowner; Opposition to a Bill. PAROL EVIDENCE, verdict of compensation jury and judgment thereon proveable by parol evidence, 170. PART. See House ; Manufactory. PARTICULARS FROM CLAIMANT. See Claimant. PEACE. See Clerk of the Peace; Justices of the Peace. PEER OF PARLIAMENT, a peer may withdraw his opposition to a bill for a consideration, 6 ; agreement by, to give or withhold his vote for a consideration is illegal, ib. PENALTY, penalties on sheriff making default, 162; on jurors, ib. ; how these penalties to be applied, 163; juror also additionally liable, ib. ; on witnesses, ib. ; penalty on company wilfully entering without consent, 36; penalty for continuing in possession, ib. ; penalty on railway company for not making substituted road, 212 ; how penalty applied, ib. ; proper party to sue for, when payable to owner, 217; penalty on ownerfor obstructing inspection of mines by company, ib. PERIOD. See Time. PERMANENT WORKS, no remedy for damage when permanent works erected, 72 et seq., 92 et seq. PLAINTIFF. See Claimant. party claiming compensation to be considered the plaintiff at the inquiry, 162; effect of this provision, ib. PLANS, plans and maps deposited, how far binding, 22 ; usually attached to notice to treat, 25. POLICE MAGISTRATE. See Justices of the Peace. s5 394 INDEX. POSSESSION OF PREMISES. See Lessees. POWERS OF RAILWAY, &c. COMPANIES, of taking and purchasing lands, 19 et seq. cannot be put in force till the whole of capital subscribed, 20. nor after the period prescribed, ib. ; exceptions, ib. this limitation does not apply against a landowner, ib. a power to take lands will not be implied, 21, n. power to enter for purposes of surveying, &c, ib. what lands may be taken under these powers, 21 — 23. lands settled on a family by act of parliament may be taken, 21. but not Crown lands, ib. lands in possession of a receiver, 38. summary power of entry, 32. in what cases only allowed, 34, n. notice to treat must have been given before this power can be exercised, 33. company getting into possession informally allowed to retain the land, ib., n. company may proceed, though they have given notice of their in- tention to summon a jury, 38. company may take temporary possession of lands abutting on the line, 39. company may enter on adjoining lands to prevent accidents and repair the line, lb. in some cases may take lands not included in their schedules, ib. may remove water and gas pipes, ib. may contract for purchase of lands for extraordinary purposes, ib. may sell the same and repurchase others, ib. buying and selling lands for a purpose of public benefit, 40. what company must pay into court if they take a part of a house, &c, 51. railway companies may take temporary possession of lands in cer- tain cases, 206 et seq. of private roads, 211 et seq. provisions aud restrictions on such possession, 206 — 215. PRECEPT. See Warrant. PRE-EMPTION, right of pre-emption, what, 41 — 44; who possess it, 42 et seq.; case in which right of pre-emption may be established before end of the ten years, 43, n.; right to pre-emption of lessees for years, ib. ; right of pre-emption applies to reversionary interests, 43 et seq.; how superfluous lands are to be apportioned, 44; when persons entitled to pre-emption of superfluous lands, price to be ascertained by arbitration, 152. PREMISES. See House; Manufactory. PRESCRIBED TIME. See Time. compulsory powers not to be exercised after prescribed time, 20 ; exceptions, ib. this limitation does not apply against a landowner, ib. INDEX. 395 PREVIOUSLY OFFERED, provisions as to costs when jury give the same or less sum than that previously offered, 197. meaning of the expression " sum previously offered," ib. et seq. PRIVATE ROAD. See Road, Private. PRODUCTION. See Award; Documents; Lease. PROMOTERS, contracts of, before Special Act, 4 — 12 ; caution as to agreements with, 11; agreements of, which are ultra vires, 9 et seq.; con- tracts foreign to the undertaking, 12 ; result of cases as to agree- ments with, ib. ; liability of substituted companies on agreements of, 6; personal liability of, as obligors, ib. ; agreements with, should be in express terms, 11; when they become a corpora- tion, 13. certificate of capital being subscribed, not required when an exist- ing company are promoters, 20. difficulty as to this word, 138. PROPERTY. See Claimant; Estates. PROSPECTIVE VALUE OF LAND, to be considered in assessing compensation, 62, 63. PROTEST, a protest against appointment of arbitrator not sufficient, 136 ; a company does not, by nominating an arbitrator under protest, admit claimant's right, 1-50. PUBLIC HOUSE. See Brewer's Lease. PUBLIC NUISANCE, no compensation for, 124. PUBLIC ROAD. See Road, Public. PURCHASE OF LAND. See Claimant; Notice to Treat; Powers of Railway, &c. Companies. purchase of land by agreement, 13 — 18. compulsory purchase of land, 20 et seq. PURCHASEMONEY, how distributed among tenant for life expectant on a lease, and those in remainder, 14; payment of, how enforced, 29, 40,41; purchase-money, &c. how assessed, 128 — 180. PURPOSES. See Extraordinary Purposes. Q. QUAKER, the word oath includes affirmation of Quakers, 162, n. 396 INDEX. QUALIFICATION, jurors must be duly qualified, 161. QUANTUM OF DAMAGES, effect of award as to quantum of damages, 151 ; of a verdict of a jury, 169. QUARRY, quarries not to be taken in certain cases, 207. QUASHING. See Certiorari. QUEEN'S BENCH, Queen's Bench has jurisdiction to review taxation of Master, 201, 202; this formerly doubted, ib. RAILWAYS CLAUSES ACT, provision as to compensation under this Act, 204—226. REASONABLE TIME. See Time. RECEIVER, lands in possession of a receiver must not be entered on without leave of the court, 38. RECORDS, verdict of compensation jury and judgment thereon to be con- sidered records, 170; not records for all purposes, ib. ; may be proved by parol evidence, ib. ; to be kept among sessions records, ib. REJECTION OF EVIDENCE. See Evidence. REMAINDER, persons in remainder may be bound by act of a person having a limited interest, 14; provisions to protect those in remainder or reversion, ib. REMEDY, against company for purchase-money of land taken under their com- pulsory powers, 40 et seq. REMEDY, SUMMARY. See Damage. nature of summary remedy allowed those whose lands are inju- riously affected, 76 ; a constructive taking not sufficient to entitle owner to this remedy, 77; previous issue of notice to treat does not deprive owner of this remedy, 78 ; when lessees entitled to this remedy, 181. INDEX. 397 RENT. See Justices of the Peace. when part of lands taken, rent of remainder to be apportioned by two justices, 133, 182; apportionment of rent of copyhold lands, 133; rent of lands taken temporarily settled by two justices, ib. ; 210 ; arbitrator cannot apportion rent, 148 ; where rent in arrear, landlord has no lien on compensation paid into court, 183 ; liability for rent where tenant obliged by company to give up possession, ib. KENT-CHARGE, lands may be sold in consideration of an annual rent- charge re- coverable by distress, &c, 15; where part of land taken, rent- charge to be apportioned by two justices, 133. REPAIR. See Road, Public ; Road, Private. company may enter to repair line, 39. RESTRICTIONS, restrictions on powers possessed by railway, &c. companies, 45 et seq. RETURN. See Mandamus. REVERSION. See Remainder. REVOCATION. See Arbitration; Notice to Treat. RIGHT, right of claimant to compensation not settled by award, 151 ; nor by the verdict of a jury, 1(36' — 169; must be assumed by jury, ib.; how right is tried if company dispute it, 167. RIGHT OF WAY, a party entitled to an easement over lands taken by the company cannot maintain an action, 85. ROAD, PUBLIC, lowering public road before cottage of claimant, a good ground for compensation, 90, 100; raising road, a good ground, 90 ; crossing a public road and erecting gates thereon, not a ground for com- pensation, ib. n., 109, 121; whether stopping up a public road and consequent loss of custom, is a ground for compensation, 101 et seq. ; narrowing road opposite a house matter for compensation, 117; diverting road so as to injure frontage land a ground for compensation, 102 ; where line crosses a public road, gates to be kept closed, 223 ; general power of railway companies to make, 206; material to make, may be taken, 207; making tunnel through soil of public highway is a permanent user of the land, 32, n. ROAD, PRIVATE, erecting gates on a private road, a ground for compensation, 90; temporary possession of private roads, 39, 211 ; ornamental road protected, ib. ; owners may object, 212 ; compensation to be settled by two justices, 211, 214; substitution of road, 212; 398 INDEX. ROAD, PRIVATE— continued. remedy where private road obstructed, 212, 213; no right of action unless special damage, 213 ; tenant, not reversioner, the proper party to sue, ib. ; road to be restored, or another substituted, ib. penalties for not doing so, 214 ; company bound to repair, ib. order of justices need not point out particulars of repairs, 215 company cannot, by offering to buy piece cut off, avoid paying compensation for private road leading elsewhere, 56. RULE OF COURT, the submission to arbitration may be made a rule of court in vacation as well as term, 145. SALE. See Powers of Railway, &c. Companies. sale of lands by agreement before Special Act obtained, 4 — 12 ; after obtaining the Special Act, 13 — 18; compulsory powers of sale, 19 et seq. SALE AND RE-PURCHASE, of lands for purposes of public benefit, 39. SAND, may be taken in certain cases, 207. SATISFACTION. See Damage. SCHOOL-HOUSE, interest in, of schoolmaster appointed by governors, 129. SEPARATE INSTRUMENT. See Costs. SEPARATE VERDICTS, provision as to separate verdicts, directory only, 165; unless either party require otherwise, ib. ; usual practice for parties to consent, 166 ; separate verdicts desirable where claimant has separate interests, ib. SERVICE OF NOTICES. See Notice ; Notice to Treat. SET-OFF, no set-off, of advantages to public from line, allowed, 73, 103. SETTING ASIDE. See Arbitration ; Award; Jury. SETTLED LAND, land settled on families by Act of Parliament may be taken, 21. SEVERANCE. See Damage. SHERIFF. See Interest. claimant has option till company's warrant to sheriff, 134; when notice of company's intention to issue warrant to sheriff is neces- sary, 155 ; what notice required, ib. ; warrant to be correct as to INDEX. 399 SHERIFF— continued. the land required, 159 ; if sheriff interested, warrant to be issued to coroner, il>. ; if under-sheriff interested, warrant still to be directed to sheriff, 160; inquisition to be signed by sheriff, though inquiry held before under sheriff, ib., n. ; qiuere, if one of sheriffs of Middlesex interested, ib.; summoning of jury, 161 ; notice to the company of time and place, ib. ; sheriff must sum- mon witnesses, 162 ; may order a view, ib. ; penalties on sheriff, ib. ; may not inquire into right of claimant, 166 — 169 ;' no means of obtaining a new trial, 166, 167; misdirection, &c. of, ib. ; judgment of, final as to the amount only, ib. ; if sheriff erroneously refuse to proceed, a mandamus will issue, 169; verdict and judg- ment to be signed by sheriff, 170. SHOP. See Custom; House; Manufactory. SINGLE ARBITRATOR. See Arbitration. SLATE, quarries of slate cannot be entered on, 207. SPECIAL ACTS, relation of Special Acts to the General Acts, 1, 2; companies under Special Act which do not incorporate Lands Clauses Act, nor contain a clear power of compelling sales, will not be presumed to have them, 21, n. SPECIAL DAMAGE, no action lies against a railway company for obstructing a private road without special damage, 213. SPECIAL JURY. See Jury. SPECIFIC PERFORMANCE. See Chancery, Court of. SPECULATIVE DAMAGES, not matter for compensation, 62. SPOIL BANKS, power to make, 207. SPORTING OVER LAND, right of, by parol licence, not matter for compensation, 29 ; semble, nor even by grant under seal, 30. STATUTORY OWNERS, who are, 14. STONE, quarries of stone cannot be entered on, 207. STREAM, compensation for cutting off, 91. STRIKING JURY. See Sheriff; Special Jury. 400 INDEX. SUBMISSION TO ARBITRATION. &e Arbitration. may be made a rule of any of the superior courts in vacation as well as term, 145. SUMMARY POWER OF ENTRY. See Entry, Power of; Powers of Railway, &c. Companies. SUMMARY REMEDY. See Remedy, Summary. SUPERFLUOUS LANDS. See Pre-emption. SUPPORT, a vendor selling land or rights of easement to a railway company is bound to leave vertical and lateral support, 82, 220; exception, 82, n.; immaterial whether conveyance is by agreement or under compulsory powers, 220. SURETIES, sureties required to bond under 85th section, 33 ; by whom to be approved, 34; sureties may be fixed on by company, without notice to claimant, 38; to bond where railway companies take temporary possession, 209. SURVEYING LINE, a railway, &c. company may enter upon lands to bore, survey and set out the line, 21, n. SURVEYOR, valuation by surveyor under the 85th section, 33,35; how appointed, 33, 34; valuation should include compensation for severance, 33; company's surveyor should not be appointed, 35; valuation of a surveyor who does not enter premises valued, not a good valuation, ib., n.; compensation to party failing to appear at inquiry to be ascertained by a surveyor, 175 ; surveyor to assess compensation to absent parties, 176 ; nomination of surveyor, 177 ; declaration to be made by surveyor, ib. ; if corrupt, a misdemeanor, ib.; nomination and declaration to be annexed to valuation, ib. ; expenses of valuation to be borne by company, ib.; valuation may be disputed, 178 ; question to be submitted to arbitration, ib. ; provisions as to costs of these arbitrations, 179 ; two surveyors, in certain cases, to assess compensation to persons under disabili- ties, ib. ; surveyor to estimate compensation to commoners, ib. ; surveyor or agent of owner to determine manner of working where railway companies take temporary possession, 209. T. TAKING. See Remedy, Summary. a constructive taking not sufficient to entitle owner to summary remedy, 77. TALES, on compensation jury, 161. INDEX. 401 TAXATION, of arbitrator's fees, 150. by Master of Queen's Bench, 201. court has power to review Master's taxation, ib. TEMPORARY POSSESSION. See Entry, Power of; Powers of Railway, &c, Companies. TENANT FOR LIFE, tenant for life may sell to public companies, 14 ; right to purchase- money of tenant for life of a reversion, ib. ; equitable tenant for life cannot alone convey, ib., n. ; rights of tenant for life when land is purchased, 15, n. TENANT FROM YEAR TO YEAR. See Lessees. TENANTS IN COMMON, separate bonds where there are tenants in common, 38. TENDER, of bond to owner on entry, 33. of expenses to witnesses, 163. TIME, compulsory powers cannot be exercised after prescribed time, 20 ; company not released by expiration of prescribed time, 15, 79, 158 ; meaning of " at any time" in 92nd section, 46 ; what time to be regarded, in deciding whether a property is or is not part of a house, &c, 53 ; when lands, &c. are taken, the value of them to the owner, at the time they were Uiken from him, the test of the amount of compensation, 60 ; claimant not barred by expiration of prescribed time, 15, 79 ; application to justices must be made within six months, 130; up to that time claimant may insist on arbitration, 134; after default for fourteen days by either party, arbitrator of the other to act for both, 136; if one arbitrator neglect for seven days, other to proceed ex parte, 140 ; what time arbitrators have to make their award, 150 ; what time an umpire has, ib. ; what time arbitrators have to appoint an umpire, ib.; time within which company must issue their warrant to the sheriff, 157; trial held after time limited, 173; statutory limits as to time for issuing certiorari do not apply, 175 ; omission to strike special jury in proper time, 164 ; adjudication of costs may be after three months, 192 ; compensation within six months after temporary possession, 210. TITHES, tithe commutation rent-charges, provisions for payment of, 101, 119; semble, owner of tithes uncommuted not entitled to compensation, 119 et seq. TITLE. See Right. TOLLS, justices to make full allowance for tolls paid by company, 214. TOTSHOP. See Manufactory. 402 INDEX. TOWING PATH, impeded and rendered less valuable, a ground for compensation, 100. TOWN, meaning of word " town," 54, n. TRADE, BOARD OF, can grant extension of compulsory powers, 20, n. ; from what time, ib. ; substituted for two justices in appointing surveyor, 33 ; cer- tificate of, necessary in certain cases, 39; may appoint an umpire in certain cases, 141; how appointment to be made, 142; may make this appointment though arbitrators incapable to act, ib. ; certificate of, necessary before additional land can be taken, 20, n.; powers of commissioners of railways transferred to Board of Trade, 142, n. TRADE FIXTURES, part of a manufactory, 52. TRADE, LOSS OF, where premises taken by a company, 84 ; where premises injuriously affected, 118. TRAINS PASSING. See Damage ; Permanent Works. TRESPASS, when company may be treated as trespassers, 65, 80 ; if company once enter by consent of owner, they cannot afterwards be treated as trespassers, 66. TRIBUNALS, tribunals for assessing compensation, 128 — 180. TRUSTEES, trustees must join to enable equitable tenant for life to sell, 14, n. TUNNEL, making a tunnel through the soil is a permanent using of the land, 32, n. ; semble, a company making a tunnel under a house may be compelled to take the whole of the premises, 51; company making a tunnel must compensate owner of ground through which it passes, ib. ; damage caused by making a tunnel should be valued and assessed once for all, 61 j position of owner of land through which tunnel passes, 220. U. ULTRA VIRES, whether it is ultra vires of company to carry out agreements of promoters, 4 — 12. UMPIRE. See Arbitration. power of arbitrators to appoint an umpire, 141; both arbitrators to exercise their judgment in selection, ib. ; if umpire die, INDEX. 403 U M P 1 R E— con tinued. another to be forthwith appointed, 141 ; when umpire may be selected by lot, ib. ; if umpire refuse to act, ib. ; how long arbi- trators have to appoint umpire, 150; Board of Trade, or justices, to appoint umpire in certain cases, 142; how Board of Trade to make appointment, ib. ; how long Board of Trade may exercise the right, ib. et seq.; declaration by umpire, 143; omission of umpire to make declaration, 144; may call for documents, 145 ; duty of umpire, ib. ; how long umpire may act, 150; umpire may award costs, 191. UNCOMMITTED TITHES, owner of tithes uncomtnuted not entitled to compensation, 119 et seq. UNDER-SHERIFF. See Sheriff. warrant to be directed to sheriff, though under-sheriff interested, lb"0 ; inquisition to be signed by sheriff, though inquiry held before under-sheriff, ib., n. ; generally presides as deputy at inquiry, lb'2. V. VALUATION. See Surveyor. time to be regarded in valuing interests in lands, 54, n. VALUE, test for ascertaining the value of lands taken by a company, 61, 62, 63, n. VENDOR'S LIEN, not taken away by the Lands and Railways Clauses Acts, 40 et seq. VERDICT. See Jury. of inquisition jury required to he separate in certain cases, 165; this provision directory only, ib. ; when separate verdicts should be taken, 166 ; verdict does not settle right, ib. ; but only amount, 151, 169; maybe for nominal damages, 167; not affected by reception of improper evidence, misdirection, &c, ib. ; must be signed by sheriff, 170; and recorded, ib. ; not a record for all purposes, ib. ; may be proved by parol evidence, ib. ; verdict before less than twelve, or after prescribed time, 172; when it may be set aside, 173 et seq. ; action of debt lies on, 175. VIBRATION, state of the law respecting damage caused by vibration, 91 — 100. VIEW, a view may be had by jury, 162. W. WARRANT TO SHERIFF. See Sheriff. WATER, cutting off a stream of water from a farm, a ground for compensa- tion, 91 ; a railway company may remove water pipes, 39. 404 INDEX. WAY. See Easement; Highway; Road. a party entitled to a right of way over lands taken by a company cannot maintain an action, 85. WHARF, damage to communication between wharf and river, a ground for compensation, 91. WITNESSES, before justices, 130; before arbitrators or umpire, 145; sheriff to summon any witness required by a party, 162 ; penalty on witness for not appearing or not giving evidence, 163 ; oath administered by presiding officer, ib. WORKING OF MINES, to Mines. WORKS. See Damage; Execution of Works. WORKSHOP. See Manufactory. part of, cannot be taken, 51 ; fixtures, though removable, part of, ib. WRONGFUL ENTRY, a wrongful entry on lands by a company may be made rightful, 33, n. Y. YARD, throwing an arch over a yard is not taking part of a manufac- tory, 53. YEARLY TENANTS. See Lessees. LONDON : PRINTED BY C ROWORTH AND SONS, NEWTON STREET, W.C LAW WORKS PUBLISHED BY MESSES, BTJTTERWORTH, 7, FLEET STREET. Shelford's Joint Stock Companies. — 2nd Edition. Shortly will be published, in 1 Vol. 8vo. SHELFORD'S LAW OF JOINT STOCK COM- PANIES. The Second Edition. By David Pitcairn, of Lincoln's Inn, and Francis Law Latham, of the Inner Temple, Esquires, Barristers at Law. Shelford's Law of Railways. — Fourth Edition. Shortly will be published in 2 Vols, royal 8vo. SHELFORD'S LAW OF RAILWAYS. Fourth Edition. Containing the whole of the Consolidation and other General Acts for Regulating Railways in England, Scotland and Ireland to the present time, and including the Companies Act, 1862; Lord Campbell's Act; the Law of Rating Railways to Local Taxes, with Notes of decided Cases on their Construction and Forms, &c. ; the whole brought down to the latest period by W. Cunningham Glen and C. W. Lovesy, Esquires, of the Middle Temple, Barristers at Law. Dixon's Law of Partnership. 1 Vol. 8vo., 22*. cloth. A TREATISE on the LAW of PARTNERSHIP. By Joseph Dixon, of Lincoln's Inn, Esq., Barrister at Law. Editor of "Lush's Common Law Practice." 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With an Appendix of Statutes in force relating to Highways. By W. Cunningham Glen, Esq., Barrister at Law. Second Edition. Oke's Turnpike Laws.— Second Edition. 12mo., 18.5. cloth. The LAWS of TURNPIKE ROADS : comprising the whole of the General Acts ; the Acts as to the Union of Trusts, for facilitating Arrangements with their Creditors ; the interference of Railways and other Public Works with Roads; their Non-repair, add enforcing Contributions from Parishes, (including also the Acts as to South Wales Turn- pike Roads,) &'c. &c. ; practically arranged, with Cases, Notes, Forms, &c, &c. By George C. Oke, Author of "The Magisterial Synopsis" and "The Magisterial For- mulist," &c. Second Edition. o- -O CATALOGUE Hato aUotits PUBLISHED BY MESSRS. BUTTERWORTH, LAW BOOKSELLERS AND PUBLISHERS TO THE QUEEN'S MOST EXCELLENT MAJESTY, AND TO H. R. H. THE PRINCE OF WALES. "Now for the Laws of England {if I shall speak my opinion of them without 'partiality either to my profession or country), for the matter and nature of ' them, I hold them wise, just and moderate laws: they give to God, they give to ' Ccesar, they give to the subject what appertaineth. It is true they are as mixt 1 as our language, compounded of British, Saxon, Danish, Norman customs. ' And surely as our language is thereby so much the richer, so our laws are like 1 wise by that mixture the more complete." — Lord Bacon. LONDON: 7, FLEET STREET, E. C. 1874. .9 o- INDEX TO CATALOGUE, Page Accounts, Law of. Pulling ... 43 Actions at Law. Browne 44 Kerr 25 Williams 37 Administration Bonds. Chadvviek 24 Admiralty, Practice. CooSe ... 23 Aliens. Cutler ... 23 A rbitrations. Redman 13 Articled Clerk. Mosely 16 Attachment, Foreign, Brandon ... 42 Awards. Kedmarc ... 13 Banking. Grant ... ... 12 Keyser 43 Bankruptcy, Robson 30 Manual. Bulley & Bund ... 15 In County Courts. Davis 9 Index. Linklater ... 44 Bar. Examination Journal 7 Law Students' Guide 45 Smith 42 Pearce ... ..44 Barbados. Laws of .. 44 Belligerents. Hamel 43 Bills of Exchange. Grant 12 Bills of Sale. Hunt . 6 Blackstone. Stephen's 4 Blockade. Deane ... 44 Bookkeeping, Solicitors. Coombs . 39 Boundaries. Hunt ... 30 Brokers. Keyser ... 43 Carriers, Inland. Powell ... 28 Railway. Shelford 10 Chamber Practice. Com.Laio. Parkinson 29 Chancery Practice. Goldsmith 21 Hunter 6 Drafting. Lewis ... 14 Charitable Trusts. Tudor 31 Church Building. Trower 39 Pews. Heales ... 11 Page Civil Law. Tomkins & Jencken 28 Collieries. Bainbridge 6 Colonial Law. Barbados 44 Coinmen tarries. Stephen's Blackstone's 4 Phillimore's 17 Common Law, Law MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 5 -O SIR T. ERSKINE MAY'S PARLIAMENTARY PRACTICE.— Seventh Edition. A TREATISE ON THE LAW, PRIVILEGES, PROCEEDINGS AND USAGE OF PARLIAMENT. By Sir Thomas Erskine May, K.C.B., Clerk of the House of Commons; Bencher of the Middle Temple. Seventh Edition, Revised and Enlarged. 8vo. 40s. cloth. Contents: — Book I. Constitution, Powers and Privilejes of Parliament. — Book II. Practice and Proceedings in Parliament. — Book III. The Manner of passing Private Bills, with the Standing Orders iu both Houses, and the most recent Pre- cedents. " A work, which has risen from the posi- tion of atext book into that of an authority, would seem to a considerable extent to have passed out of the range of criticism. It is quite unnecessary to point out the ex- cellent arrangement, accuracy and com- pleteness which long ago rendered Sirl . I'.. May's treatise the standard work on the law of Parliament. Not only are points of Parliamentary law discussed cr decided since the publication of the last edition duly noticed in their places, but the matter thus added is well digested, tersely pre- sented and carefully imerwoven with the text."— Solicitors' Journal. " Fifty pages of new matter have been added by sir ihomas May in his seventh edition. thu> comprising every alteration in the law and practice of Parliament, and all material precedents relating to public and private business since the publication of the sixth edit iou. We need make no com- ment upon the value of the work. 1 1 is an accepted authority and is undeniablv the law of Parliament. It has been brought up to the latest date, and should be in the hands of every one engaged in Parlia- mentary life, whether as a lawyer or a= a senator." — Law 'limes. BUND'S LAW OF SALMON FISHERIES. THE LAW relating to the SALMON FISHERIES of ENGLAND and WALES, as amended by " The Salmon Fishery Act, 1873 ;" with the Statutes and Cases. By J. W. Willis Bund, M.A., LL.B., of Lincoln's Inn, Barrister at Law, Vice -Chairman Severn Fishery Board. Post 8vo. 15s. cloth. From the Thirteenth Annual Report of Inspector Bvckland on Salmon Fisheries. 1874. " 1 would wish in this place to express niv approval of ' Bund's Law of Salmon Fisheries in England and * ales, with Statutes and Cases,' This work will afford great assistance to those engaged in administering the law, while it affords valuable information on the theory and practice of Salmon legislation in general." From the Thirteenth Annual Repo'l of Inspector Walpole on Salmon Fisheries. 18(4. " Mr. Willis Buod, the Uraftsman of the new Act, has published an important treatise on the whole of the Salmon Fishery Acts, which has already been accepted as a com- plete exposition of those Statutes.' of law is marked out so that there can be no difficulty in understanding it, for not only are the points unravelled and dis- cussed, but the cases which have come before the superior courts upon the various points are distinctly set forth, and the de- cision upon each made plain. .Mr. Bund has done tht- work excellently well, and nothing further in this \v;;y can be de- s;r • 1."— 1 he iield. " 1 here is happily a good and ample index at ihe end of the volume. By means of this we have tested the author on vari- ous difficult points, and we have always found his opinion sound, and his explana- tions clear and lucid. This volume must of necessity become a handbook to salmon fishers in general, and especially to hoards of conservators, who will thereby be much asssted in the formation of the ne'v boards of conservators, under the Act of 187:1; also the operation p( the Acts of 18ol and li't'o. as amended by the Act of 1873. '"— Land and Hater. Doubtless all the law will be found between his covers, and we have not been able to detect any erroneous statements. We can recommend the book as a disqui- sition.— it is conscientiously execu;ed." — La-a limes. " Mr. Bund, whose name is so well known to all who take interest in our Sal- mon fisheries, has lost no time since the passing of the Act of 1873 in bringing out his work on salmon fishery law. 1 hat the hook, so tar as England and Wales are coi.cerned, is a very complete and ex- haustive one, no one who know.-, Mr. Bund's clearness am) power of appl cation will doubt. There is so much rein and interpolating and altering, that the process of disinterment of the law to an unskilled hand becomes desperately be- wildering; but with Mr. Bund's work :it his elbow, the inquirer will find it tole- rably easy work, for Mr. Blind has with gre t skill and labour done all the must troublesome work for him, and each point -O HUNTER'S SUIT IN EQUITY.— Sixth Edition. An ELEMENTARY VIEW of the PROCEEDINGS in A SUIT IN EQUITY. With an Appendix of Forms. By S. J. Hunter, B.A., of Lincoln's Inn, Barrister at Law. Sixth Edition by G. W. Lawrance, M.A., Barrister at Law. Post 8vo. 12s. cloth. " Tberecan be rcob«ttertest of the value of this book than the fact that the sixth edition i3 now before the public The tirst was published in 1856, so that it has enjoyed the good fortune falling to very few legal works of passing through six editions in fifteen years. A student will find this edition as soitable to his wints as was the first edition."— I.crv Mamzine. " This book is so very well known, and has proved so extremely useful to law students and practitioners, that we should! onlyiepeat what is-familiar if we said any- thing in its praise. Edition after edition has been issued as changes in the 1 aw have necessitated it, and Mr. Lawrence now sends the work forth annotated with all recent cases requiring notice to illustrate the text." — Lam Times. " What greater testimony to the value of a t>ook can we put forward thau the bare fact that in fifteen years it has ran through six editions, and that o&ly two years and some few months- have elapsed between- the publications of the last two editions? ' Hunter's Suit in Equity' is a work lhas every student for the Cuancery bar must read, and 1 iis popularity is therefore rea- dily explained."— Xaa> Journal. " We have sooften noticed previous edi- tions of this useful work that it appears to be only necessary to say of this edition, that many rscent decisions have been noted and the text has been adapted to the alter- ations in practice and procedure introduced by the Chancery Funds Act, 18T3."— Soli- citors' Jou/?tal. HUNT'S LAW OF FRAUDS AND BILLS OF SALE. THE LAW relating to FRAUDULENT CONVEY- ANCES under the Statutes of Elizabeth and the Bankrupt Acts; with Remarks on the Law relating to Bills of Sale. By Arthur Joseph Hunt, of the Inner Temple, Esq., Barrister at Law, Author of "A Treatise on the Law relating to Boundaries, Fences and Fore- shores." Post 8vo., 9s. cloth. lent conveyances in a separate volume. In reviewing that book last year we took occasion, while praising the in- dustry and care with which it was com- plied, to remark on the obscurity of its styJe. In this respect its younger rivai has considerable advantage. IWr. Hunt's book is as readable as a treatise on so technical a subject can well be made. Mr. Hunt's arrangement of bismaterials- follows an orderly and intelligible plan. The index is apparently carefully pre- pared, and the table of cases shows that none of the recent cases have been over- looked. Mr. Hunt has produced a really useful book unencumbered by useless matter, which deserves great success as a manual of the law of fraudulent dis- positions of property." — Law Journal. "The author has collected with in- dustry and care the authorities bearing on the question he has undertaken to deal with. The matter is conveniently broken up, and the reader is assisted by a good index." — Solicitors' Journal. "The law relating to fraudulent con- veyances by Arthur Joseph Hunt in- cludes the most recent cases under the new Bankrupt Act, and under the Bills of Sale Act." — Times. "This work is calculated to be of some service to the profession. The subject is of never-failing recurrence, and the de- cisions are by no meanseasy to reconcile and to arrange; and yet each decision, wiihout any exception that weknow of, is an authority in itself. Mr. Hunt has brought to bear upon the subject a clear- ness of statement, an orderliness of arrangement and a subtlety of logical acuteness which carry him far towards a complete systematization of all the cases. Neither has his industry been lacking : the cases that have arisen tinder "The Bankruptcy Act, 1869, "and under the Bilis of Sale Act, have been carefully and completely noted up and disposed by him in their appropriate places. The index also is both accurate and careful, and secures much facility of reference to the various matters which are the subjects of the work."— Law Magazine. "Though smaller in size, Mr. Hunt's book deals with fraudulent conveyances under the Bankruptcy Acts, a subject which Mr. May in his work left almost untouched, although his book has the undoubted merit of being the first to break fresh ground in treating fraudu- o- ■© MESSRS. BUTTERWORTII, 7 FLEET STREET, E.C. 7 CHUTE'S EQUITY IN RELATION TO COMMON LAW- EQUITY UNDER THE JUDICATURE ACT, or the Relation of Equity to Common Law : with an APPENDIX, containing the High Court of Judicature Act, 1873, and the Schedule of Rules. By Chaloner William Chute, Barrister at Law; Fellow of Magdalen College, Oxford; Lecturer to the Incorporated Law Society. Post 8vo. 9-s. cloth. — ♦ — DE COLYAR'S LAW OF GUARANTEES. A TREATISE on the LAW of GUARANTEES and of PRINCIPAL and SURETY. By Henry A. De Colyar, of the Middle Temple, Banister at Law. 8vo. 14s. cloth. " Mr. De CoJyar has been fortunate appears to have been solely devoted to enough to light upon one of the few that portion of the law which has now portions of territory available for legal been taken up by Mr. De Colyar. In an authorship, which, though piomising, introductory chapter the author pre- is not preoccupied. We may add that sents to his readers a lucid history of ail who have feltthe want will feel grate- his subject, he defines a guarantee, states ful for the manner in which it has been the necessary parties to it and its requi- supplied by the author of the volume sites, the nature of a surety's contract, before us. He has so treated the subject and the evidence at common law and by that, after careful examination, we are statute. Thewhole work displays great constrained to commend his book alike care in its production; it is clear in its for its fulness and for its brevity. The statements of the law, and the result of result is a volume every practitioner the many authorities collected is statod should place upon his shelves, and which with an intelligent appreciation of the he cannnt consult without advantage subject in hand. "-Justice of the Peace. whensettlingaform or giving an opinion "The vo'ume before us is a very clear upon questions between guarantor and and trustworthy statement of the pre- guarantee. Mr. Colyar's work contains sent bearing and scope of the law on all internal evidence that he is quite at such questions." — Standard. home with his subject. His book has "So far as we can judge, Mr. De the great merit of thoroughness. Hence Colyarhasdonehisworkverythoroughly its present value, and hence we venture indeed, and the treatise that he has pro- to predict will be its enduring reputa- duced is one likely to be of great value." tion " — Late Timet. — Morning Advertiser. " Having regard to the importance of " The book is clearly written, and the the subject it is a matter of surprise that author appears to have expended upon *o little has hitherto 'jeen written upon it much labour and thought. It is, it. ' Chitty on Contracts' and-* Roscoe's altogether, an admirable text book, and N'si Prius' contain chapters on the law its lucidity deserves to be imitated by of guarantee, but no modern text book the writers of law books." — Echo. THE BAR EXAMINATION JOURNAL. THE BAR EXAMINATION JOURNAL, containing the Examination Papers on all the subjects, with Answers, set at the General Examination for Call to the Bar. Edited by A. D. Tyssen, B.C.L.,M.A.,ofthe Inner Temple, and Sir R.K. Wilson, Bart.,M.A., of Lincoln's Inn, Barristers- at-Law. Published in Numbers, 8vo., 3s. each, bvpost, 3s. 1<7., after the respective Examinations for Calls to the Bar in each year. Nos.l,2,3,4,5,6,7&8,&Trin.&Miehs.,1871, 1872 and 1873, and Hilary, East, and Trim, 1874, may now be had. Contents of each Ncmber. Subjects of Examination. Examination Paptrs, with the Answers. English Law : — Constitutional Law and Legal History; Equity; Common Law; Real Property; Jurisprudence, &c. ; General Paper. Indian Law: — Hindu Law; Mahomedan Law; Penal Code; Criminal Procedure Code; Succession Act ; Civil Procedure Code ; General Paper. *** Copies of Vol. I. of the Bar Examination Journal, containing Xot. 1 to 6, complete with Indexes, $c, may he, had, price ISs. cloth. ■O KELLY'S CONVEYANCING DRAFTSMAN. THE DRAFTSMAN: containing a Collection of Concise Precedents and Forms in Conveyancing; with Introductory Observa- tions and Practical Notes. By James H. Kelly. Post 8vo. 6s. cloth. "Mr. Kelly's object is to give a few pre- cedents of each of those instruments which are most commonly required in a solicitor's office, and for which precedents are not always to be met with in the ordinary books on conveyancing. The idea is a good one, and the precedents contained in the book are, generally speaking, of the character contemplated by the author's design We have been favourably impressed with a perusal of several of the precedents in this book, and practitioners who have already adopted forms of their own will probably find it advantageous to collate them with those given by Mr. Kelly. Each set of pre- cedents is prefaced by a few terse and prac- tical observations.'— Solicitors' Journal. " Such statements of law ana facts as are contained in the work are accurate." — Law Journal. " It contains matter not found in the more ambitious works on conveyancing, and we venture to think that the student will find it a useful supplement to his read- ing on the subject of conveyancing." — Law Examination Journal. FAWCETT'S LAW OF LANDLORD AND TENANT. A COMPENDIUM of the LAW of LANDLORD and TENANT. By William Mitchell Fawcett, Esq., of Lincoln's Inn, Barrister at Law. ] vol. Svo. 14s. cloth. " This new compendium of the law on a wide and complicated subject, upon ■which information is constantlyrequired by a vast number of persons, is sure to be in request. It never wanders from the point, and being intended not for students of the law, but for lessors and lessees, and their immediate advisers, wisely avoids historical disquisitions, and uses language as untechnical as the subject admits. It may safely be as- sumed to contain information on all the ordinary questions which either con- tracting party may require to be an- swered." — Lain Journal. " The author has succeeded in com- pressing the whole of his subject within the reasonable compass of 373 pages. It may roughly be said of Mr. Fawcett's work that it is statutory throughout, in accordance with the predominant cha- racter of the law at the present day, and Mr. Fawcett takes advantage of this characteristic of modern law to impart to his compendium a degree of authen- ticity which greatly enhances its value as a convenient medium of reference, for be has stated the law in the very words of the authorities." — Law Magazine. "The first thing which strikes us with regard to Mr. Fawcett's book is the ex- treme terseness and verbal accuracy of the language employed. In this respect lie sets a most laudable example to text- book writers. The amount of informa- tion compressed into the book is very large. The plan of the book is extremely good, and the arrangement adopted has enabled the author to put together in one place the whole law on any parti- cular branch of the subject, and to avoid repetitions. Thus not only is it easy to find what the author has to say on any particular point, but 'when we have found a reference to it in one place, we may be satisfied that we have found all thebookcontains upon thepoint. Inthis respect, though probably from its smaller size it must contain less information than Woodfall, it will be found far more con- venient for ordinary use than that trea- tise, in which repetitions are so frequent that a hasty searcher usually fails to find anything like all that is contained in it upon his point. The excellence of Fawcett in this respect will make it most convenient for noting new cases, as the right place for inserting them will be found without much difficulty. Moreover, every possible assistance by marginal notes, index, headings of chap- ters, &c, is given for finding the con- tents of the book." — Solicitors' Journal. " Mr. Fawcett contents himself with a plain statement of the existing law, prudently omitting all matters of merely historical interest and topics collateral to the special subjects. Above all, it has been his purpose to state the law in the language of the authorities, presenting the principles enunciated in the very words of the judges. Another excellent feature is a concise summary of the effect of each enactment in the marginal notes. It ■will be seen from this that the book is thoroughly practical; and as such will doubtless find a favorable reception from the profession." — Law Times. Bf- DAVIS'S COUNTY COURTS PRACTICE AND EVIDENCE. — Fifth Edition. THE PRACTICE AND EVIDENCE IN ACTIONS IN THE COUNTY COURTS. By James Edward Davis, of the Middle Temple, Esq., Barrister at Law. Fifth Edition. 8vo. 38s. cloth. **» This is the only work on the County Courts ichich gives Forms of Plaints and treats fully of the Law and Evidence in Actions and other Proceedings in these Courts. " We are glad to learn that Mr. Davis's ■work has been favourably received. The recent decisions have bee-i important and required noting up. This has been Mr. Davis's task in the edition before us ; we recently had occasion to cite his reading of Horsenail v. Brare on the subject of imprisonment for debt, and that is a good specimen of the annota- tions in the last edition. We believe Mr. Davis's is the best and newest work on County Court Practice." — Laic Times, Aug. 1, IS74. " Mr. Davis's works are all conspicuous for clearness and accuracy. He has been called upon to publish a fifth edition of his County Courts by reason of the sale of the former one. This is a practical test of the utility of the work, which is of more value than any theoretical criticism. We notice that the clauses in the Judicature Act which lay down the rules to be adopted in future, in cases where hitherto law and equity con- flicted are given, and the recent case law is also introduced skilfully and accu- rately. The Index, List of Cases and of Statutes are most complete and elabo- rate, and every assistance in the way of distinctness and variety of type is given to the reader. The present edition will fully sustain the well-earned reputation of the work. We may explain that the volume under review does not treat of the Equity, Admiralty or Bankruptcy Jurisdicti n of these Courts. These subjects are dealt with at length by Mr. Davis in a separate volume. The prac- tice of the Court in all ordinary actions, as well as in proceedings for the recovery of tenements, is fully given ; this is lol- lowed by chapters on the evidence necessary, respectively, for the plain- tiff's ana defendant's cases in all ordi- nary actions. The excellence of the work consists in the very marvellous amount which it does include. The Indices show that more than 3,000 cases are quoted in it, and about 1,000 sections of statutes. About 200 forms are also given." — Solicitors' Journal, July 4, 1S74. " Mr. Davis may be congratulated on two achievements : first, that he has produced a complete work on the County Courts, and second, that the profession and the public have bought up four editions of the work and are quite ready for a fifth The book belore us is en- tirely confined to what may be called toe Common Law Jurisdiction ol the County Courts. Their Jurisdiction in Equity, Admiralty and Bankruptcy is treated in a separate and perfectly distinct vo- lume by Mr. Davis. Upon looking into this fifth edition we find that the author has carefully noted and incorporated all the recent decisions of the Courts of Westminster on matters directly and in- directly affecting the County Courts. Some idea of the magnitude of Mr. Davis's labours may be formed from the tact that his List of Cases cited fills thirty-one pages of two columns each. Theie is an excellent Index to the book and a Table of Statutes, Rules and Forms arranged on a novel and very skilful plan. It is hardly necessary lor us to sum up in favour of a book which is so popular that the several editions ol it pass rapidly out of print. All we need say is, that the verdict of the purchasing public has an entire approbation."— Law Journal, July 11, 1874. DAVIS'S EQUITY AND BANKRUPTCY IN THE COUNTY COURTS. The JURISDICTION and PRACTICE of the COUNTY COURTS in Equity (including Friendly Societies), Admiralty, Probate of Wills, Administration, and in Bankruptcy. By J. E Davis, of ihe Middle Temple, Esq., Barrister-at-Law. 1 vol. 8vo. 18s. cloth. *** This work, although issued separately, forms a Supplementary, or Second, Volume to Davis's County Courts Practice and Evidence in Actions. A 5 SHELFORD'S RAIIiWAYS.-Fourth Edition, by Glen. SHELFORD'S LAW of RAILWAYS, containing the whole of the Statute Law for the Regulation of Railways in England, Scotland and Ireland. With Copious Notes of decided Cases upon the Statutes, Introduction to the Law of Railways and Appendix of Official Documents. Fourth Edition, by W. Cunningham Glen, Barrister at Law, Author of the "Law of Highways," "Law of Public Health and Local Government," &c. 2 vols, royal 8vo. 63s. cloth. "Though we have not had the oppor- tunity of going conscientiously through the whole of this elaborate compilation, we have been able to devote enough time to it to be able to speak in the highest terms of the judgment and ability with which it has been prepared. Its execu- tion quite justifies the reputation which Mr. Glen has already acquired as a legal writer, and proves that no one could have been more properlv singled out for ihe duty he has so well discharged. The work must take its unquestionable position as the leading Manual of the Railway Laze of Great Britain The cases seem to have been examined, and their effect to be stated with much care and accuracy, and no channel from which in- formation could be gained has been neg- lected. Mr. Glen, indeed, seems to be saturated with knowledge of his subject. . . . The value of the work is greatly in- creased by a number of supplemental de- cisions, which give all ihe cases up to the time of publication, and by an index which appears to be thoroughly exhaustive." — Law Magazine. " Mr. Glen has done wisely in preserving that reputation, and, as far as possible, the text of >helford — though very extensive alterations and additions have been re- quired. But he has a claim of his own. He is a worthy successor of the original author, and possesses much of the same industry, skill in arrangement and astute- ness in enumerating the points really de- cided by cited cases. But we have said enough of a work already so well known. It will have a place not in the library of the lawyer alone. It is a book which every railway office should keep on its shelf for reference." — Law Times. "Mr Glen has modestly founded his work as a superstructure on that of Mr. Leonard Shelford. but he has certainly claims to publish it as a purely indepen- dent composition. The toil has been as great, and the reward ought to be as complete, as if Mr. Glen had disregarded all his predecessors in the production nf treatises on railway law Since the year 1861 he has been un- ceasingly engaged in collecting materials, and though he has been ready for the printer for some time, and has delayed the appearance of the volumes in the expecta- tion of legislative changes in railway law, yet he has expended full five years of care and attention on his work. Let us hope that he will have no cause to think his labour has been in vain. At any rate tee may venture to predict that Mr. Cunning- ham (Hen's edition of She/ford on Hallways will be the standard work of our day in thai department of law." — Law Journal. " Far be it fr>m us to under value Mr. Shelford's labours, or to disparage his merits. But we may nevertheless be per- mitted to observe that what hashilheto been considered as ' the be*> r work o?t the subject ' (.Shelford), has been immeasurably improved by the application of Mr. Glen's diligence and learning, . , , Sufficient, however, has been done to show that it is in every re- spect worthy of the reputation which the work has always enjoyed. We feel little doubt that the credit of that work will be greatly increased bv Mr. Glen's instru- mentality, and that not only will he have ably maintained its reputation by his suc- cessful exertions, but that he will have added materially to it."— Justice of the Peace. " The practitioner will find here col- lected together all the enactments bearing on every possible subject which may come before him in connection with railways or railway travelling. Whatever ques- tions may arise the lawyer, who has this bonk upon his shelves, may say to him- self, ' If there has been any legislation at all connected with this branch of the subject I shall at once find it in Shel- ford ;' and it needs not to be said that on this account the book will be a very 'com- fortable' one to possess. The collection is equally exhaustive in the matter of rules, orders, precedents and documents of official authoiity. . . . To sum up our review ; as a collection of statutes and general information the work will prove extremely useful, because in these respects it is so perfectly exhaustive." — Solicitors' Journal, MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 11 SHELFORD'S JOINT STOCK COMPANIES.— Second Edition by PITCAIRN and LATHAM. SHELFORD'S LAW of JOINT STOCK COMPANIES, containing a Digest of the Case Law on that subject; the Companies Acts, 1862, 1867, and other Acts relating to Joint Stock Companies; the Orders made under those Acts to regulate Proceedings in the Court of Chancery and County Courts; and Notes of all Cases inter- preting the above Acts and Orders. Second Edition, much enlarged, and bringing the Statutes and Cases down to the date of publication. By David Pitcairn, M.A., Fellow of Magdalen College, Oxford, and of Lincoln's Inn, Barrister at Law, and Francis Law Latham, B.A. Oxon, of the Inner Temple, Barrister at Law, Author of "A Treatise on the Law of Window Lights." 8vo. 21s. cloth. " We may at once state that, in our opinion, the meiits of the work are very great, and we confidently expect that it will be, at least for the present, the standard manuil of joint stock company law. That great learning and research have been expended by Mr. Pitcairn no one can doubt who reads only a few pages of the book ; the result of each case which has any bearing upon the sub- ject under discussion is very lucidly aud accurately slated. We heartily con- gratulate him on the apprarar.ee of this woik, for which we anticipate a great success. There is hardly any portion of the law at the present day so important as that which relates to joint srock com- panies, and that this work will be the stand. »rd authority on the subject we have not the shadow of a doubt" — Law Journal. " After a careful examination of this woik we are bound to say that we know of no other which surpasses it in two all important attributes of a law book : first, a clear conception on the part of the author of what he intends to do and how lie intends to treat his subject ; and secondly, a consistent, laborious and intelligent adherence to his proposeci order and method. All decisions are noted and epitomised in their proper places, the piactice-decisions in the notes to Acts and Rules, and the remainder in the introductory account or digest, la the digest Mr. Pitcairn goes into every- thing with original research, and nothing seems to escape him. It is enough for us that Mr. Pitcairn's performance is able and exhaustive. Nothing is omitted, and everything is noted at the proper place. In conclusion, we have great pleasure in recommending this edition to the practitioner. Whoever possesses it, and keeps it noted up, will be armed on all parts and points of the law of joint-stock companies." — Solicitori' Journal. " Although nominally a second edition of Mr. Slielford's treatise it is in reality an origiual work ; the form and arrange- ment adopted by Mr. Shelford have been changed, and, we think, improved, by Mr. Pitcairn. A full and accurate index also adds to the value of the work, the merits of which we can have no doubt will be fully recognized by the profes- sion." — Law Magazine^ HEALES'S HISTORY AND LAW OF PEWS. THE HISTORY and the LAW SEATS or PEWS. By Alfred Heales, Doctors' Commons. 2 vols. 8vo. 16s. cloth. of CHURCH F.S.A., Proctor in "The historical volume will be most interesting to the general reader, but the volume devoted to the law of the subject will be of great use to all persons— the clergy and churchwardens — who have anything to do with the administration of church affairs. It will also be found a valuable text-bonk by lawyers who are engaged in suits appertaining to the pew question. Altogether we can commend Mr. lleales's book as a well conceived and well executed work, which is evi- dence of the author's industry, talent and learning." — Law Journal. 12 LAW WORKS PUBLISHED BY GRANT'S BANKERS AND BANKING COMPANIES, by R. A. Fisher. GRANT'S TREATISE on the LAW RELATING TO BANKERS AND BANKING COMPANIES. Third Edition. With an Appendix of the Statutes. By R. A. Fisher, Esq., of the Middle Temple, Barrister at Law. 8vo. 28s. cloth. "Eight years sufficed to exhaust the second edition of this valuable and standard work, we need only now notice the improvements which have been made. We have once more looked through the work, and recognize in it the sterling merits which have acquired for it the high position which it holds in standard legal literature. Mr. Fisher has annotated all the recent cases." — Laic Times. " Prior to the publication of Mr. Grant's work on this subject, no trea- tise containing the required informa- tion existed ; and, since its appearance, such important alterations respecting banks and bankers have been intro- duced, that the work needed in many parts entire reconstruction and arrange- ment. The last two editions have been entrusted to the care of the gentleman whose name is attached to the work. Mr. Fisher's name is in itself a guaran- tee that his duties of editor have been ably and conscientiously performed. In this respect we can assure those interested in the subject of this book, that they will in no respect be dis- appointed ; obsolete and immaterial matter has been eliminated, and the present edition presents the existing law of bankers and banking companies as it at present exists." — Justice of the Peace. "It is eight years since Mr. Fisher published the second edition of this practical book, and it now appears again re-edited hy the same hand. Its steady sale shows that the public for whom it is written have recognized the kindness that was meant them, and makes a more elaborate recommendation super- fluous. We must add, however, that the additions to the work, and the alterations in it which Mr. Fisher has made, are, as far as we can judge, real improvements, and that he has not failed to follow out the recent cases. The book used.with care will no doubt be of great practical service to hankers and their legal advisers." — Solicitors' Journal. BAYLIS'S LAW OF DOMESTIC SERVANTS, by Monckton. Fourth Edition. THE RIGHTS, DUTIES AND RELATIONS OF DOMESTIC SERVANTS AND THEIR MASTERS AND MISTRESSES. With a short Account of Servants' Institutions, &c, and their Advantages. By T. Henry Baylis, M.A., Barrister at Law of the Inner Temple. Fourth Edition, with Considerable Addi- tions, by Edward P. Monckton, Esq., B.A., Barrister at Law of the Inner Temple. Foolscap 8vo. 2s. cloth. "Mr. Monckton has edited a fourth edition of Mr. Baylis's little work on 'The Rights, Duties and Relations of Domestic Servants and their Masters and Mistresses.' It has evidently found great lavour with the public and is an excellent manual of the subjectof which it treats." — Law Times. "This little work thoroughly de- serves the success it has gained. It contains in a small compass the law on the important subject to which it relates, and, a somewhat unusual feature in a lawbook, it also affords much sensible advice, not of a strictly legal kind, both to servants and their employers. There are few solicitors who have not from time to time to advise employers on their difficulties with their domestic servants. This volume will be found a convenient handbook to the leading authoritie* on the subject." — Solicitors' Journal. ft- — J MESSRS. BUTTERWORTH, 7 FLEET STREET,, E.C. 13 REDMAN ON ARBITRATIONS AND AWARDS. A CONCISE TREATISE on the LAW of ARBI- TRATIONS and AWARDS; with an Appendix of Precedents and Statutes. By Joseph Haworth Redman, of the Middle Temple, Esq., Barrister at Law, Author of "A Treatise on the Law of Railway Companies as Carriers." 8vo. 12s. cloth. "A singular feature in this work is, it will meet a demand both in the pro- that it has no foot notes, and this is a fession and amongst lay arbitrators." — decided recommendation. Thearrange- Solicitors' Journal. nient is good, the style clear, and the " We have no doubt but that the work exhaustive. There is a useful ap- work will be useful. The precedents pendix of precedents and statutes, and of awards are clearly and concisely a very good index." —Law Times. drawn. The arrangement of chapters " This is likely to prove a useful book is conveniently managed. The law is in practice. All the ordinary law on the clearly stated, and, so far as we can subject is given shortly and in a con- judge, all the important cases bearing venient and accessible farm, and the directly on the subject are given, while index is a good one. The book is of a the index appears reasonably copious, portable size and modi-rate price, and These facts, combined with the small- contains a fairly complete appendix nessofthe volume, ought to make the of precedents. It is likely enough that book a success." — Law Journal. MR. JUSTICE LUSH'S COMMON LAW PRACTICE. By DIXON.— Third Edition. LUSH'S PRACTICE of the SUPERIOR COURTS of COMMON LAW at WESTMINSTER, in Actions and Proceedings over which they have a common Jurisdiction: with Introductory Treatises respecting Parlies to Actions; Attornies and Town Agents, their Qualifications, Rights, Duties, Privileges and Disabilities; the Mode of Suing, whether in Person or by Attorney, in Forma Pauperis, &c. &c. &c; and an Appendix, containing the authorised Tables of Costs and Fees, Forms of Proceedings and Writs of Execution. Third Edition. Py Joseph Dixon, of Lincoln's Inn, Esq., Barrister- at-Law. 2 vols. 8vo. 46s. cloth. DOWELL'S STAMP DUTIES AND STAMP LAWS. A HISTORY and EXPLANATION of the STAMP DUTIES, containing Remarks on the Origin of Stamp Duties, a History of the Duties in this Country from their commencement to the present time, Observations on the past and the present State of the Stamp Laws, an Explanation of the System and the Administration of the Tax, Observations on the Stamp Duties in Foreign Countries and the Stamp Laws at present in force in the United Kingdom ; with Notes, Appendices and a copious Index. By STEPHEN Dowell, M.A., of Lincoln's Inn, Assistant Solicitor of Inland Revenue. 8vo. 12s. Gel. cloth. ■O ©— — ■ o 14 LAW WORKS PUBLISHED BY DOWELL'S INCOME TAX LAWS. THE INCOME TAX LAWS at present in force in the United Kingdom, with Practical Notes, Appendices, and a copious Index. By Stephen Dowell, M.A., of Lincoln's Inn, Assistant Solicitor of Inland Revenue. 8vo 12s. 6d. cloth. "Only men thoroughly conversant " We cannot doubt that the work will with the subject could have prepared it, prove of much service to persons en- and, despite Mr. Dowell's knowledge, it gaged in the administration of the In- must have been a heavy labour. To come Tax laws, and to the practitioner commissioners, and all concerned in the on the points which frequently arise in working of the income tax, Mr. Dowell's reference to those laws." — Solicitors' book will be of great value." — Law Journal. Journal. SMITH'S PRACTICE OF CONVEYANCING. An ELEMENTARY VIEW of the PRACTICE of CON- VEYANCING in SOLICITORS' OFFICES, with an Outline of the Proceedings under the Transfer of Land and Declaration of Title Acts, 18G2, for the use of Articled Clerks. By Edmund Smith, B. A., late of Pembroke Coll. Cambridge, Attorney and Solicitor. Post 8vo. 6s. cloth. Q- LEWIS'S INTRODUCTION TO EQUITY DRAFTING. PRINCIPLES of EQUITY DRAFTING, with an APPENDIX of FORMS. By Hubert Lewis, B.A., of the Middle Temple, Barrister-at-Law, Author of " Principles of Conveyancing explained and Illustrated." Post 8vo. 12s. cloth. *«* This Work, intended to explain the general principles of Equity Drafting, as well as to exemplify Pleadings of the Court of Chancery, icill be useful to lawyers resort- ing to the New Equity Jurisdiction of the County Courts. " Practically the rules that apply to the Courts will be a mass of uncertainty,— drafting and reading of bills will apply to with it every practitioner must learn the the composition of the Counky Court doeu- art of equity drafting, and he will find no ment that will be substituted for the bill. better teacher than Mr. Lewis."— Law Mr. Lewis's work is therefore likely to Times. have a much wider circle of readers thnn " We have little doubt that this work he could have anticipated when he com- will soon gain a very favourable place in menced it, for almost every page will be the estimation of the Profession. Jt is applicable to County Court Practice, written in a clear and attractive style, and should the bill, in any shape or under any is plainly the result of much thoughtful title be retained in the new jurisdiction, — and conscientious labour."— Law AJaga- without it we fear that equity in the County zine and Review. BEDFORD'S INTERMEDIATE EXAMINATION GUIDE. THE INTERMEDIATE EXAMINATION GUIDE, containing a Digest of the Examination Questions on Common Law, Conveyancing and Equity, with the Answers. By Edward Henslowe Bedford, Solicitor, Temple, Editor of the " Prelimi- nary," " Intermediate," and " Final," &c. Vol. I. 8vo. 10s. 6d. Vol. II. 4s. %* By the same Author, Vol.11, of the above Work, price 4s. (Tlie Work appointed by the Examiner in Equity for 1874, is Hayne's Outlines of Equity.) " The students of the elements of law will find in Mr. Bedford's guide a useful and reliable friend." — Law Times. MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. ] 5 -0 LEWIS'S INTRODUCTION TO CONVEYANCING. PRINCIPLES of CONVEYANCING EXPLAINED and ILLUSTRATED by CONCISE PRECEDENTS. With an Appendix on the Effect of the Transfer of Land Act in Modifying and Shortening Conveyances. By Hubert Lewis, B. A., late Scholar of Emman. Col). Cambridge, of the Middle Temple, Barrister-at-La\v. 8vo. ISs. cloth. knowledge of the various subjects treated of, and is clearly and intelligibly written. Students will now not only be able to become proficient draftsmen, but, by care- fully studying Mr. Lewis's dissertations, may obtain an insight into the hitherto neglected Principles of Conveyancing." ■ — Legal Examiner. " On the whole, we consider that the work is deserving of high praise, both for design and execution. It is wholly free from the vice of bookmaking, and indicates considerable reflection and learning. Mr. Lewis has at all events succeeded in producing a work to meet an acknowledged want, and we have no doubt he will find many grateful readers amongst more advanced, not less than among younger students." — Solicitors' Journal and Reporter. " Mr. Lewis has contributed a valuable aid to the law student. He has condensed the Practice of Conveyancing into a shape that will facilitate its retention on the memory, and his Precedents are usefully arranged as a series of progressive lessons, which may be either used as illustrations or exercises." — Laic Times. " Mr. Lewis is entitled to the credit of having produced a very useful, and, at the same time, original work. This wHl appear from a mere outline of his plan, which is very ably worked out. The manner in which his dissertations elu- cidate his subject is clear and prac- tical, and his expositions, with the help of his precedents, have the best of all qualities in such a treatise, being eminently judicious and substantial. Mr. Lewis's work is conceived in the right spirit. Although a learned and goodly volume, it may yet, with perfect propriety, be called a 'handy book.' It is besides a courageous attempt at legal improvement; and it is, perhaps, by works of such a character that law reform may be best accomplished." — Law Magazine and Review. " By the diligent and painstaking stu- dent who has duly mastered the law of property, this work will undoubtedly be hailed as a very comprehensive exponent of the Principles of Conveyancing." — Leguleian, or Articled Clerks' Magazine. " The perusal of the work has given us much pleasure. It shows a thorough BULLEY AND BUND'S NEW BANKRUPTCY MANUAL A MANUAL of the LAW and PRACTICE of BANK- RUPTCY as Amended and Consolidated by the Statutes of I860: with an APPENDIX containing the Statutes, Orders and Forms. By John F. Bulley, B.A., and J. W. Willis-Bund, M.A., LL.B., Barristers- at-Law. 12mo. 1 Gs. cloth. With a Supplement including the Orders to April, 1870. »»* The Supplement may he had separately, Is. sewed. "This is a treatise, not an edition of the acts, and where the law is to a large extent new, this is the best, though the most troublesome, mode of dealing with it. A very complete index makes the work all that the practitioner, be he bar- rister or solicitor, can require."— Z«w Times. -r,jird's can only be described in rude outline and name appears on the title-page; if there dismissed with applause, and arecommend- be any who are not well acquainted with -o MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 23 Christie's Crabb's Conveyancing— continued. them, we venture to recommend to such the work before us. as the most generally useful and convenient collection of prece- dents in conveyancing, and of commercial fnrms for ordinary use, which are to be had in the English language." — Solicitors' Journal and Reporter. " To this important part of his duty— the remodelling and perfecting of the Forms — even with the examination which we have already been able to afford this work, we are able to affirm, that the learned editor has been eminently successful and effected valuable improvements." — Lots Magazine and Review. " Jt possesses one distinctive feature in devoting more attention than usual in such works to forms of a commercial nature. On the whole the two volumes of Crabb's Precedents, as edited by Mr. Leonard Shelford, will be found extremely useful in a solicitor's office, presenting a large amount of real property learning, with very numerous precedents: indeed we know of no book so justly entitled to the ap- pellation of ' handy' as the fifth edition of i\lr. Crabb's Precedents." — Lav Chronicle. CUTLER'S LAW OF NATURALIZATION. THE LAW of NATURALIZATION as Amended by the Act of 1870. By John Cutler, B.A., of Lincoln's Inn, Barrister at Law, Editor of " Powell's Law of Evidence," &c. 12mo. 3*. Gd. cloth. " Professor Cutler's book is a useful summary of the law and of the changes which have been made in it. The act is given in full withauseful index." — Law Magazine. "Mr. Cutler, in the work before us, lucidly explains the state of the law pre- vious to the recent statute, and shows the alterations produced by it, so that a careful perusal of his book will en- able the reader fully to comprehend the present state of the law upon this most important subject." — Justice of the Peace. " The author's position as Professor of English Law and Jurisprudence is a guarantee of his legal competence, whilst his literary abilities have enabled him to clothe his legal knowledge in lan- guage which laymen can understand vrithout being misled by it." — John Bull. COOTE'S ADMIRALTY PRACTICE.— Second Edition. The PRACTICE of the HIGH COURT of ADMI- RALTY of ENGLAND: also the Practice of the Judicial Committee of Her Majesty's Most Hon. Privy Council in Admiralty Appeals, with Forms and Bills of Costs. By Henry Charles Coote, F.S.A., one of the Examiners of the High Court of Admiralty, Author of "The Practice of the Court of Probate," &c. Second Edition, almost entirely re-written ; and with a SUPPLEMENT containing the County Court Practice in Admiralty, the Act, Rules, Orders, &c. Svo. 16s. cloth. *»* Tliis work contains er^ry Common Form in use by the Practitioner in Admiralty, as trill us ax l "/ Bill of Costs in that Court, a feature possessed by no other icork on the Practice in Admiralty. " Mr. Coote. being an Examiner of the Court, may be cnusidered as an authori- tative exponent of the points of which he treats. His treatise is, substantially con- sidered, everything that < a.i be Desired to the practitioner."— Lute Maguztne. o- 24 LAW WORKS PUBLISHED BY CHADWICK'S PROBATE COURT MANUAL. EXAMPLES of ADMINISTRATION BONDS for the COURT of PROBATE ; exhibiting the principle of various Grants of Administration, and the correct mode of preparing the Bonds in respect thereof; also Directions for preparing the Oaths; arranged for practical utility. With Extracts from Statutes ; also various Forms of Affirmation prescribed by Acts of Parliament, and a Supplemental Notice, bringing the Work down to 1865. By Samuel Chadwick, of Her Majesty's Court of Probate. Royal 8vo. 12s. cloth. "We undertake to say that the possession on aicountofthe defective filling up of of this volume by practitioners will prevent such instruments." — Solicitors' Journal. many a hitch and awkward delay, provok- " Mr. Chadwick's volume will be aneces- ing to the lawyer himself and difficult to sary part of the law library of the practi- be satisfactorily explained to the clients." tioner, for he has collected precedents that — Law Magazine and Review. are in constant requirement. This ispurely " The work is principally designed to a book of practice, but therefore the more save the profession the necessity of obtain- valuable. It tells the reader what to do, ing at the registries information as to the and that is the information most required preparing or filling up of bonds, and to pre- after a lawyer begins to practise." — Law vent grants of administration and adminis- Timet. trationwith the will annexed being delayed ORTOLAN'S ROMAN LAW, Translated by PRICHARD and NASMITH. The HISTORY of ROMAN LAW, from the Text of Ortolan's Histoire de la Legislation Romaine et Generalisation du Droit (edition of 1870). Translated, with the Author's permission, and Supplemented by a Chronometrical Chart of Roman History. By I. T. Prichard, Esq., F.S.S., and David Nasmith, Esq , LL.D., Banisters at Law. Svo. 28s. cloth. " We know of no work, which, in our to that great work, it is enough to say, opinion, exhibits so perfect a model of that English writers have been con- what a text-book ought to be. Of the tinually in the habit of doing piecemeal translation before us, it is enough to say, what Messrs. Prichard and Nasmith that it is a faithful representation of have done wholesale. Hitherto we have the original."— Law Magazine. had but gold dust from the mine; now "This translation, from its great merit, we are fortunate in obtaining a large deserves a warm reception from all who nugget. Mr. Nasmith is already known desire to be acquainted with the history as the designer of a chart of the history and elements of Roman law, or have its of England, which has been generally interests as a necessary part of a sound approved, and bids fairly for extensive legal education at heart. With regard adoption." — Law Journal. GAIUS' ROMAN LAW.— By Tomkins and Lemon. (Dedicated by permission to Lord Chancellor Hatherley.) THE COMMENTARIES of GAIUS on the ROMAN LAW: with an English Translation and Annotations. By Frederick J. Tomkins, Esq., M. A., D.C.L., and William George Lemon, Esq., LL.B., Bnrristers-at-Law, of Lincoln's Inn. 8vo. 27s. extra cloth. " We feel bound to speak in the highest the thanks of those who take an interest termsof the manner in which Mr. Tomkins in legal literature."— Solicitors' Journal. and Mr. Lemon have executed their task. " The translation is carefully executed We unhesitatingly recommend its careful and the annotations show extensive know- perusal to all students of Roman Law." — ledge of the Roman Law." — Athenaum. Law Magazine. " One of the most valuable contributions " The authors have done a good service from an English source to our legal to the study of Roman Law, and deserve literature which the last half-century has witnessed."— Edinburgh Evening Couraru. a- MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 25 -o UNDERBILL'S LAW OF TORTS. A SUMMARY OF THE LAW OF TORTS, OR WRONGS INDEPENDENT OF CONTRACT. By Arthur Underbill, B.A., of Lincoln's Inn, Esq., Barrister at Law. Post 8vo. 6s. cloth. " He has set forth the elements of the " The plan is a good one and has been law with clearness and accuracy. I he honestly carried out. and a good index little work of .Mr. I'nderhill is inexpensive facilitates reference to the contents of the and may be relied on." — Law Times. book."— Justice of the Peace. KERR'S ACTION AT LAW.— Third Edition. An ACTION at LAW: being an outline of the JURIS- DICTION of the SUPERIOR COURTS of COMMON LAW, with an Elementary View of the Proceedings in Actions therein. By Robert Malcolm Kerr, LL.D., Barrister at Law ; now Judge of the Sheriff's Court of the City of London. The Third Edition. 12mo. 9s. cloth. CLIFFORD & STEPHENS' REFEREES' PRACTICE, 1873. THE PRACTICE of the COURT of REFEREES on PRIVATE BILLS in PARLIAMENT; with Reports of Cases as to the Locus Standi of Petitioners decided during the Sessions 1SG7-72. By Frederick Clifford, of the Middle Temple, and Pembroke S. Stephens, of Lincoln's Inn, Esquires, Barristers at Law. 2 Vols. Royal Svo. 3/. 10i. cloth. *** Vol. 2, Part 2, containing Cases of the Sessions 1871 and 1872, separately, 30s. sensed. " The history and practice of Uie sub- portaut part of the volume, are given ject are detailed tersely and accurately, with fulness and accuracy, so far as we and in a vr ry intelligible manner, in the can judge, anil are of themselves a surft treatise. To counsel or agents engaged cient recommendation to the volume.'' — in parliamentary practice the work will Law Journal. prove extremely serviceable." — Solicitors' " Clifford and Stephens, the authority Journal. now universally nuoted and lelied on ill "The reports, foiming the most im- this (Referees'} Court." — Daily Xerss. LATHAM ON THE LAW OF WINDOW LIGHTS. A TREATISE on the LAW of WINDOW LIGHTS. By Francis Law Latham, of the Inner Temple, Esq., Barrister at Law. Post 8vo. 10*. cloth. " This is not merely a valuable addition The work in cur opinion is both per- to the law library of the practitioner, it spicuous and able, and we cannot but is a book that evr i y law student will read compliment the author on it"— Law with profit. It exhausts the subject of Journal. which it mats." — Law Times. " A treatise on this subject was wanted, "His arrangement is logical and he and .Mr. Latn.un has succeeded in meeting discusses fully each point of his subject. that want.'' — Aihenaum. ROUSE'S CONVEYANCER, WITH SUPPLEMENT, 1871. Third Edition. The PRACTICAL CONVEYANCER, giving, in a mode combining facility of reference with general utility, upwards of Four Hundred Precedents of Conveyances, Mortgages and Leases, Settle- ments, and Miscellaneous Forms, with (not in previous Editions) the Law and numerous Outline Forms and Clauses of Wills and Abstracts of Statutes affecting Real Property, Conveyancing Memoranda, &c. By Rolla Rouse, Esq , of the Middle Temple, Barrister at Law, Author of " The Practical Man," &c. Third Edition, greatly enlarged. With a Supplement, giving Abstracts of the Statutory Provisions affecting the Practice in Conveyancing, to the end of 1870; and the requisite Alterations in Forms, with some new Forms; and including a full Abstract in numbered Clauses of the Stamp Act, 1870. Two vols. 8vo. 30s. cloth. * * The Supplement may he had separately, price Is. 6d. sewed. "The best test of the value of a book written professedly for practical men is the practical one of the number of edi- tions through which it passes, 1 he fact that this well-known work has now reached its third shows that it is considered by those for whose convenience it was written to fulfill its purpose well."— Law Magazine. "This is the third edilion in ten years, a proof that practitioners have used and approved the precedents collected by Mi. House. In this edition, which is greatly enlarged, he has for the first time intro- duced Precedents of Wills, extending to no less than ]l(j pages. We can accord unmingled praise to the conveyancing me- moranda showing the practical effect of the various statutory provisions in the different parts of a deed. If the two pre- ceding editions have been so well received, the welcome given to this one by the pro- fession will he heartier still." — Law Times. "So far as a careful perusal of Mr. House's book enables us to judge of its merits, we think that as a collection of precedents of general utility in cases of common occurrence it will be found satis- factorily to stand the application of the test. The draftsman will find in the Practi- cal Conveyancer precedents appropriate to all instruments of common occurrence, and the collection appears to be especially well supplied with those which relate to copy- hold estates. In order to avoid useless repetition and also to make the precedents as simple as possible, Mr. House has sketched out a number of outline drafts so as to present to th» reader a sort of bird's- eye view of each instrument and show him its form at a glance. Each paragraph in these outline forms refers, by distinguish- ing letters and numbers, to the clauses iu full required to be inserted in the respec- tive parts of the instrument, and which are given in a subsequent part of the work, and thus every precedent in outline is made of itself an index to the clauses which are necessary to complete the draft. In order siill further to simplify the arrange- ment of the work, the author has adopted a plan (which seems to us fully to answer its purpose) of giving the variations which may occur in any instrument according to the natural order of its different parts." — Lam Journal. " That the work has found favor is proved by the fact of our now having to review a third edition. This method of skeleton precedents appears to us to be at- tended with important advantages. Space is of ci urse saved, but besides this there is the still more important consideration that the draftsman is materially assisted to a bird's-eye view of his draft. Every- one who has done much conveyancing work knows how thoroughly importaut, nav, how essential to success, is the for- mation of a clear idea of the scope and framework of the instrument to be pro- duced. 1 o clerks and other young hands a course of conveyanciug under Mr. House's auspices is, we think, calculated to prove very instructive. To the solicitor, espe- cially the country practitioner, who has often to set his clerks to work upon drafts of no particular difficulty to the experi- enced practitioner, but upon which they the said clerks are not to be quite trusted alone, we think to such gentlemen Mr. House's collection of Precedents is calcu- lated to prove extremely serviceable. We repeat, in conclusion, that solicitors, espe, cially those practising in the country- will find this a useful work."— Solicitors ' Journal. SAUNDERS' LAW OF NEGLIGENCE. A TREATISE on the LAW applicable to NEGLI- GENCE. By Thomas W. Saunders, Esq., Banister at Law, Recorder of Lath. 1 vol. post 8vo. 9s. cloth. "The book is admirable ; while small in bulk, it contains everything that is neces- sary, and its arrangement is such that oi.e can readily refer to it. Amongst those who have done a good service Mr. Saunders will find a place."— £«:.' Magazine. " We find very considerable diligence displayed. The references to the cases are given much more fully, anil on a more rational system than is common with text- book writers, fie has a good index."— Solicitors' Journal. " The recorder of Bath has rendered good service to the profession, and to the more intelligent section of the general pub'ic, bv the production of the carefully prepared and practically useful volume now under notice. As a work of reler- ence.the book will be very welcome in the office of the solicitor or in the chambers of the barrister." — Morning Advertiser. " .Mr. T. W. Saunders is well known as a large contributor to legal literature, and all his works are distinguished by pains-taking and accuracy, I his one is no exception, and the subject, which is of very extensive interest, will ensure (or it a cor- dial welcome from the profession." — Lam 'limes. " As scarcely a day passes in which claims are not made, and actions brought, for compensations for injuries frooi neglect of some kind, a short and clear treatise like the present on the law relating to the sub eel i light to he welcomed It is a mo- derate size volume, and makes references to all the authorities on the question easy." — Standard. DIXON'S LAW OF PARTNERSHIP. A TREATISE on the LAW OF PARTNERSHIP. By Joseph Uixon, of Lincoln's Inn, Esq., Barrister at Law, Editor of " Lush's Common Law Practice." 1 vol. Svo. 22s. cloth. best exposition of the law we have read, for the arrangement is Dot only artistic, but conciseness has been studied without sacrifice of clearness." — Law Times. " Mr. Lindley's view of the subject is that of a philosophical lawyer. -Mr. Dixon's is purely and exclusively prac- tical from beginning to end. We imagine that very few questions are likely to come before the practitioner which Mr. Dixon's book will not be found to solve. We have only to add, that the value of the book is very materially increased by an excel- lent marginal summary and a very copious index."— Law Magazine and Review. " lie has evidently bestowed upon this book ihe same conscientious labour and painstaking industry for which we hail to compliment him some months since when reviewing his edition of " Lush's Practice of theSuperiorC'ourtsof I.aw,'and. asaresult, he has produced a clearly written and well- arranged manual upon one of the most im- portant branches of our mercantile law." Law Journal. " Mr. hixon lias done his work well. The book is carefully aud usefully pre- pared."— Solicitors' Journal. " w ehe art ily recommend to practitioners and students .Mr. Dixon's trtalise as the MICHAEL & "WILL'S LAW OF GAS AND WATER SUPPLY. THE LAW OF GAS AND WATER SUPPLY, com- prising the Rights and Duties as well of Local Authorities as of Private Companies in regard thereto, and including the Legislation of the last Session of Parliament. By W. H. Michael and J. Shiress Will, of the Middle Temple, Esquires, Barristers-at- Law. Post Svo. J Ss. cloth. " As to the steps to be taken to place matters on a proper basis, we refer those interested to the work oi Messrs. Michael and Will, where ill the rights and liabilities of companies under the acts are fully set forth, and we feel thoroughly justified in recommending the volume.'" — Law limes. " We can thoroughly recommend the work to those who require guidance on the subject. 1 ' — Solicitors' Journal " We enn safely say that this is an honest and a successful attempt to deal with the laws affecting gas and water supply." — Law Journal. O B2 ©- 28 LAW WORKS PUBLISHED BY POWELL'S LAW OF INLAND CARRIERS.— Second Edition. THE LAW OF INLAND CARRIERS, especially as regulated by the Railway and Canal Traffic Act, 1854. By Edmund Powell, Esq., of Lincoln College, Oxon, M.A., and of the Western Circuit, Barrister at Law. Author of " Principles and Practice of the Law of Evidence." Second Edition, almost re-written. 8vo. 14s. cloth. "The treatise before us states the law of which it treats ably and clearly, and con- tains a good index." — Solicitors' Journal. " Mr. Powell's writing is singularly pre- cise and condensed, without being at all dry, as those who have read his admirable Book of Kvidence will attest. It will be seen, Irom our outline of the contents, how ex- haustively the subject has been treated, and that it is entitled to be that which it aspires to become, the text book on the law of Car- riers." — Law Times. " the subject of this treatise is not indeed a large one, but it has been got up by Mr. Powell with considerable care, and contains ample notice of the most recent cases and authorities." — Jurist, " 1 he two chapters on the Railway and Canal Traffic Act, 1856, are quite new, and the recent cases under the provisions of that statute are analyzed in lucid lan- guage." — Law Magazine. WOOLRYCH ON SEWERS.-Third Edition. A TREATISE on the LAW OF SEWERS, including the Drainage Acts. By Humphry W. Woolrych, Serjeant at Law. Third Edition, with considerable Additions and Alterations. 8vo. 12s. cloth. " Two editions of it have been speedily exhausted, and a third called for. The author is an accepted authority on all sub- jects of this class."— Law 'limes. " this is a third and greatly enlarged edition of a book which has already ob tained an established reputation as the most complete discussion of the subject adapted to modern times. Since the treatise of Mr. Serjeant Callis in the early part of the 17th century, no work filling the same place has been added to the literature of the profes- sion. It is a work of no slight labour to digest and arrange this mass of legislation — this task, however, Mr. Serjeant Wool- rych has undertaken, and an examination of his book will, we think, convince the most exacting that he has fully succeeded. No one should attempt to meddle with the Law of Sewers without its help."— Soli- citors 1 Journal. TOMKINS AND JENCKEN'S MODERN ROMAN LAW. COMPENDIUM of the MODERN ROMAN LAW. Founded upon the Treatises of Puchta, Von Vangerow, Arndts, Franz Mohler, and the Corpus Juris Civilis. By Frederick J. Tomkins, Esq., M.A-, D.C.L., Author of the " Institutes of Roman Law," Translator of " Gaius," &c , and Henry Diedrich Jencken, Esq., Barristers at Law, of Lincoln's Inn. 8vo. 14s. cloth. piece of terse and forcible expression : ambiguity there is none, prolixity none, from the beginning to the end we do not know that we should wish one sentence or one word expunged, and we have never had to pause to discover the mean- ing of our authors. If the saying, that, clear speaking is theresult of clear think- ing be at all worthy of reception, we should say that the present work is the result of much honest labour and pro- found learning." — Journal of Jurispru- dence of Scotland. "This is a valuable hook, and one that ought to be in the hands of every magistrate in India. As the basis of all our modern law and justice, we com- mend this Modern Roman Law to our readers,"— Friend of India. " Mr. Tomkins and Mr. Jencken could not have written such an excel- lent book as this if they had not devoted many laborious days, probably years, to the 6tudy of the Roman Law in its entirety, and to research into the laws of continental States for the purpose of learning what principles of Roman Law are preserved in their jurisprudence." — Law Times. " We believe it is the first work of the kind that has appeared in our language, and on that ground alone we should hold it entitled to a hospitable reception. The style is, to our mind, characterised by a precision, a terseness, and, still more wonderful, an exhaustivenesr, rarely to he met with in law books of any class. Such is the book — throughout a master- 9 — § MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 29 DAVIS'S LAW OF REGISTRATION AND ELECTIONS. A MANUAL of the LAW of REGISTRATION and ELECTIONS : with a SUPPLEMENT comprising the Cases on Ap- peal, 1 8(38-1 S69; the Rules and Cases relating to Election Petitions; the Poor Rate Assessment Act, 1869 ; and a complete Index to the whole Work. By James Edward Davis, Esq., Banister at Law. 12mo. 15s. cloth. *«* The SUPPLEMENT may be had separately, price 3s. sewed. "A work which in our judgment is " He has done well. In its way, Mr. the handiest and most useful of the Davis's work will be exceedingly useful, 'manuals' which the Reform Act of for it is edited with his usual care, printed 1867 has brought into existence." — Law in excellent style, and published in a Magazine. most convenient form." — Law Times. _ "We think this the best of the now ,, . ,. . „„ . ,. , ,„ - , „ . „, . . t „ An able summary of the law of numerous works on this subject. — ,„„.„„ „. •■ » cm i i <■.,. ., , r . J representation. — standard. Solicitors Journal. r "No one comes forward with better "The leputation which Mr. Davis credentials than Mr. Davis, and the book enjoys as an able and conscientious before us seems to possess the qualities lawyer affords the surest guarantee that essential to a guide to a discharge of their the work may be relied on." — Star. duties by the officials. " — Law Journal. SHELFOKD'S SUCCESSION, PROBATE and LEGACY DUTIES.— Second Edition. THE LAW relating to the PROBATE, LEGACY and SUCCESSION DUTIES in ENGLAND, IRELAND and SCOT- LAND, including all the Statutes and the Decisions on those Sub- jects: with Forms and Official Regulations. By Leonard Shelford, Esq., of the Middle Temple, Barrister at Law. The Second Edition, with many Alterations and Additions. 12mo. 16.?. cloth. "The treatise before us, one of the most been already tested by most of them." — useful and popular of his productions, Laze Times. being now the text book on the subject, "Mr. Telford's book appears to us to nothing remains but to make known its ap- be the best and mostcomplete work on this pearance to our readers. Its merits have extremely intricate subject."— Law Ma^u- ziue. PARKINSON'S COMMON LAW CHAMBER PRACTICE. A HANDY BOOK for the COMMON LAW JUDGES' CHAMBERS. By Geo. H. Parkinson, Chamber Clerk to the Hon. Mr. Justice Byles. 12mo. 7s. cloth. " For thistask Mr. Parkinson iseminently than Mr. Parkinson, whose great experience qualified." — Jurist. as well as intelligence have long placed " It is extremely well calculated for the him in the position of an authority on all purpose for which it is intended. So much matters appertaining to this peculiar but work is now done in Common Law Cham- very extensive branch of Common Law bers by junior clerks that such a little Practice." — Laze Times. treatise is much wanted. Mr. Parkinson "There is much that would prove very has performed his task skilfully aud with useful to the practitioner in Mr. Parkinson's care." — Solicitors' Journal, compilation, and which, so far as we are " The practice in Chambers has become aware, is not to be found in any other book sufficiently important to call for a treatise collected with equal conciseness." — Laie devoted to it, nor could a more competent Magazine and Review, man for the task have presented himself & . i 30 LAW WORKS PUBLISHED BY ROBSON'S BANKRUPT LAW.- Second Edition. A TREATISE on the LAW of BANKRUPTCY ; containing a full exposition of the Principles and Practice of the Law as altered by the Bankruptcy Act, 1869. With an APPENDIX of the Statutes, Rules, Orders and Forms. By George Young Robson, Esq., of the Inner Temple, Barrister at Law. Second Edition, thoroughly revised, and with the latest decisions. Svo. 34s. cloth. " We are glad to welcome a second edition of this valuable work, the first edition of which we reviewed about two years ago. While the arrangement and form of the book have remained unaltered, the author has not contented himself with merely adding the recent decisions to the old text, for the whole law on the subject, old as well as new, has evidently been carefully considered in the in.erval be- tween the two editions, and many old cases are now noted which were not re- ferred to in the first edition. 'The ten- dency of all books on bankruptcy is, of course, just now to increase very much in bulk ; but Mr. Hobson's conciseness of style has enabled him to keep his work within reasonable limits. The present edition contains amongst other additional matter, a chapter on the ' The Bills of Sale Act, 1854': and that act, and the subsequent Act of 1866, are given at length in the Appendix. We notice also as an im- provement in printing the Bankruptcy Act and Rules, that reference is made at the end of each section and rule to the pages of the text where the subject of such sec- tion or rule is discussed. 1 he index to the work, so far as we have been able to exa- mine it, is a remarkably good one. ya the whole we have no hesitation in saying that the author has considerably improved an originally meritorious and useful book, which we recommend very heartily to the profession at large." — Solicitors' Journal. " We must take advantage of the best guide we can find to help us along ii the dark and dubious ways of bankruptcy law, and Mr. Kobson is undoubtedly . ne of the best guides we can find. It is with great pleasure that we learn from the preface to this work that the first edition of this work was well received, and that it achieved the success it so well deserved. Mr. llobsou has continued studying the subject, and has kept himself up in the law upon which he writes. He has also added to this new edition a chapter on ' I he Bills of Sale Act, 1851,' which cannot but be useful to his readers. The book itself is now so well known to the profession that we need not dwell upon its proved merits, its careful preparation, great lea n- ing, and skilful arrangement." — Law IUaga:i?ie. HUNT'S BOUNDARIES, FENCES AND FORESHORES. Second Edition. A TREATISE on the LAW relating to BOUN- DARIES and FENCES, and to the Rights of Property on the Sea Shore and in the Bed of Public Rivers and other Waters. Second Edition. By Arthur Joseph Hunt, of the Inner Temple, Esq., Barrister at Law. Second Edition. 12mo. 12s. cloth. "There are few more fertile sources of litigation than those dealt with in Mr. Hunt's valuable book. It is suffi- cient here to say that the volume ought to have a larger circulation than ordi- narily belongs to law books, that it ought to be found in ev-ry country gentleman's library, that the cases are brought down to the latest date, and that it is care- fully prepared, clearly written, and well edited." — Law Magazine. " It speaks well for this book, that it has so soon passed into a second edition. That its utility has been appreciated is shown by its success. Mr. Hunt has availed himself of the opportunity of a second edition to note up all the cases to this time, and to extend considerably some of the chapters, especially that which treats of rights of property on the seashore and the subjects of sea walls and commissions of sewers." — Law Times. " Mr. Hunt chose a good subject for a separate treatise on Boundaries and Fences and Rights to the Seashore, and we are not surprised to find that a second edition of bis book has been called for. The present edition contains much new matter. The chapter espe- cially which treats on lights of property on the seashore, which has been greatly extended. Additions have been also made to the chapters relating to the fencing of the property of mine owners and railway companies. All the cases which have been decided since the work first appeared have been introduced in their proper places. Thus it will be seen this new edition has a considerably enhanced value." — Solicitors' Journal. o MESSRS. BUTTERWOHTH, 7 FLEET STREET, EC. 31 TUDOR'S CHARITABLE TRUSTS.— Second Edition. THE LAW of CHARITABLE TRUSTS; with the Statutes, including those to 1869, the Orders, Regulations and Instruc- tions issued pursuant thereto, and a Selection of Schemes, with Notes. By Owen Davies -Tudor, Esq., of the Middle Temple, Barrister-at- Law, Author of ' Leading Cases in Equity.' Second Edition, contain- ing all the recent Statutes and Decisions. Post 8vo. 18s. cloth. " No living writer is more capable than The main feature of the work is the manner Mr. Tudor of producing such a work : his in which Mr. I udor has dealt with all the Leading Cases in Equity, aixl aUo on the recent statutes relating to this subject." — L.w of Heal Property, have deservedly Solicitors' Journal. earned for him the highest reputation as a " Mr. Tudor's excellent little book on learned, careful aud judicious tixt-wnter. Charitable Trusts." — Law Times. DAVIS'S CRIMINAL LAW CONSOLIDATION ACTS. THE CRIMINAL LAW CONSOLIDATION ACTS, 1861 ; with an Introduction and practical Notes, illustrated by a copious reference to Cases decided by the Court of Criminal Appeal. Together with alphabetical Tables of Offences, as well those punish- able upon Summary Conviction as upon Indictment, and including the Offences under the New Bankruptcy Act, so arranged as to present at one view the particular Offence, the Old or New Statute upon which it is founded, and the Limits of Punishment; and a full Index. By James Edward Davis, Esq., Barrister-at-Law. 12mo. 10s. cloth. B HERTSLET'S TREATIES. HERTSLETS TREATIES of Commerce, Navigation, Slave Trade, Post Office Communications, Copyright, &c , at present subsisting between Great Britain and Foreign Powers Compiled from Authentic Documents by Edward Hertslet, Esq , Librarian and Keeper of the Papers of the Foreign Office. 12 vols. 8vo. 14/. 5s. boards. *** Vol. 1, price 12s.; Vol. 2, price Us.; Vol. 3, price 18s.; Vol. 4, price 18.?. ; Vol. 5, price 20s. ; Vol. 6, price 25s. ; Vol. 7, price 30.?.; Vol. 8, price 30s. ; Vol. 9, price 30s.; Vol. 10, price 30s.; Vol. 11, price 30s. ; Vol. 12, price 40s., may be had separately to complete sets. Vol. 12 includes an Index of Subjects to the Twelve published Volumes, which Index is also sold separately, price 10s. cloth. List of Subjects :— Aliens— Army— Bankruptcy— Births Abroad— Boundaries— Bro- kers— Burial Grounds Abroad— Chapels, (. haplains, &c, Abroad— Claims— Coal — Coasting Trade — Collisions at Sea— Colonial — Commerce and Navigation (Treaties, Ac.) — Consuls — Copyright— Criminals : Murder— Currency — Ttaths Abroad— I e- serters— Diplomatic— Duties : Vessels and Cargoes— Emigration and Immigration — Enlistments — Extradition — Kactories — Hsheries, &C. — Flags — Free Ports— Govern* n j tut — Jurisdiction — .Justice — Labourers — Law — Light Dues, &c. — Loans— Lotteries — Maritime Law — .Marriages, Births, Deaths, &c. — Mediations, Awards, &c. — Medical — Most Favoured Nation — Navigation — Navy — Neutrality — Offenders (Cri- minals) — Orders, Medals, &c — Passenger Vessels, &c — Passports — Patents— Pen- sions, &c— Pilotage : Pilots— Piracy: Pirates— Postal (Treaties, &c. H-Pos'tal (War- rants, Acts, &c >— Precedence — Privileges: Vessels and Cargoes — Prizes. Seizures, &c. — Property — Ouarantine — Reciprocity — Religion : Chapels, &c. — Revenues (Foreign) — Right of "Search and Visit — Rivers, Lakes, &c — eatnen — Shipping Dues, &c. — shipwrecks— Slave Trade: Slavery, &c. — Smuggling— Sound Dues— s t,: li l«.il — sugar — Tariffs — Taxes — Telegraph — Territories — Trade — Trade Marks— Trade and ^Navigation— War, &c— Wills— Wrecks aud Salvage— Yachts. THE LAW EXAMINATION JOURNAL. Edited by Herbert Newman Mozley, of Lincoln's Inn, Esq., Barrister-at-Law. Published on the morning of the second day after each respect ire Filial M 'elimination in Hilary, Easter, Trinity and Michaelmas Terms in each year. Each Number price Is., by post \s.\d.; or annual subscription, payable in advance, is., by post is. id. No. XX.— Trinity, 1874. I. Legislative Prospects of the Session. II. Digest of Cases. III. Intermediate Ex- amination, Easter Term, 1874: Questions and Answers. IV. Final Examination, Trinity Term, 1874: Questions and Answers. V, Reviews. VI. Correspondence and Notices. No. XIX.— Easter, 1874. I. Lead'ner Cases, continued. II. Digest of Cases. III. Intermediate Examination, Hilary Term, 1874: Ques'ions and Answers. IV. Final Examination, Easter Term, 1S74: Questions and Answers. V. Review: Seventh Edition of Stephen's Blackstone's Commentaries. VI. Correspondence and Notices. No. XVIII.— Hilary, 1874. I. Statutes of 1873 (Second Notice including the Supreme Court of Judicature Act and subsequent Statutes). II. Digest of Cases III. Intermediate Examination, Michaelmas Term, 1873: Questions and Answers. IV. Final Examination, Hilary Term, 1874 : Questions and Answers. V. Correspondence and Notices. No. XVII.— Michaelmas, 1873. I Leading Cases (Note by the Editor). II. Statutes of 1873 (First Notice). III. Digest of Cases. IV. Intermediate Examination. Trinity Term, 1873: Questions and Answers. V. Una] Examination, Michaelmas Term, 1873: Questions and Answers. VI. Notice of Intermediate Examination for 1874. VII. Reviews of Books. VIII. Law Student's Societies. IX. Correspondence. No. XVI.— Trinity, 1873. I. The Studv of the Law, coniluled. II. Leading Cases : Spencer's Case continued. III. Digest of Cases. IV. Intermediate Examination, Easter, iR73: Questions ant Answers. V. Final Examina- tion, Trinity, 1873: Questions and Answers. VI. A Review: Kelly's Draftsman. VII. Corres- pondence an J Notices. No. XV.— Easter, 1873. I. The Study of the Law, continued. II. Analjsis of Leading Cases. III. Digest of Cases. IV. In- termediate Examination. Hilary Term, 1873: Questions and Answers. V. Final Examination, taster Term, 1873 : Que-tions arid Answers. VI. Correspondence and Notices. No. XIV.— Hilary, 1873. I. The Study of the Law, continued. II. Digest of Cast s. III. Interm»diateExamination, Michael- mas Term, 1872: Questions aid Answers. IV. Final Examination, Hilary Term, 1B73: Questions and Answers. V. Reviews. VI. Answers to Correspondents and Noiices. No. XIII.— Michaelmas, 1872. I. Public Prosecutors, concluded. II. The Statutes of 1872. III. Digest of Cases. IV. Intermediate Examination, Trinity Term, 1872: Questions and A' swers. V. Final Examination, Micnaelrflas 'lerm, 1872: Questions and Answers. \ I. Reviews. VII. Answers to Correspondents and Notices. No. XII.— Trinity, 1872. I. Pul>li<- Prosecutors, continued. II. Study of the Law, continued. II . Digest of Cases. IV. Inter- mediate Examination (F^asterTerm,1672)Questions and Answers. V. Final Kxaminat ion (Trinity Term, 1872) Questions and Answers. VI. Law Students Congress, Birmingham : Law Examinations VII. A Review: Hunt's Law of Fraudulent Conveyances and Bills of Sale. VIII. Answers to Correspondents. No. XL— Easter, 1872. I. The Study of the Law. II. Legislative Prospects of the Session : Married Women's Property Art Amendment Bill: Imperial Court of Appeal. 111. Digest of Cases. IV. Intermediate Examination Questions and Answers (Hilary Term, 1872). V. Final Examination Questions and Answers (Easter lerm, 1872). VI. Answers to Correspondents. No. X.— Hilary, 1872. I. Notice of the late Editor. II. The Studv of the Law. III. Disest of Cases. IV. Intermediate Ex- amination Questions and Answers (Michaelmas, 1871). V. Final Examination Questions and Answers (Hilary, 1872). VI. Answers to Correspondents. No. IX. — Michaelmas, 1871. I. On Examinations. II. TbeSubjec of Public Prosecutors, continue 1. III. Digest of Cases. IV. Inter- mediate Examination Questions on Chitty, \VPIianis an iSniith(Triiiitv, 167 1), with Answers. V. Final Examination Questions and Answers(Micnaelmas Term, 1871). VI. Reviews of Books. VII. An.wers to Correspondents. No. vril.— Trinity, 1871. I. On theNecessiiyof providing a Puhlic Prosi cnlor: hvtueElitor. I. How Mr. Mansfield Denman passed his"Fina':"bvE. H. III. Disest of Cases. Note by the Editor. IV. Interme liate Examination Questions and Answers (Easter, 1871). V. Final Examination Questions and Answers ( Trinity, 1871). V I. Correspon 'ence, &c. No. VII. —Easter, 1871. I. Some Remarkson the Married Women's Properly Art, 1870: by the Editor. II. Dirrest of important l.esral Decisions. III. Intermediate Examination Qttes ions and Answers (Hilary, 1871). IV. linal Ex- amination Questions and Answers (Easter, 1871). V. Reviews of New Books. VI. Correspondence. MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 33 THE LAW EXAMINATION JOURNAL-continued. No. VI.— Hilary, 1371. I. Our Jury Sistem: by the Euilor. II. Dues! of linpnitai t Lpeal Dec'sions. III. Intetmediate Examination Qucsiions and Answers (Michaelmas, 1870). IV. Final Kxaniinaiion Questions ai.il Answers (Hilary, 1871). V. Reviews of New Books. VI. Correspondence. No. V.— Michaelmas. 1870. I. On the Legislation of 1870 : by the Editor. II. Digesi of important Leeal Den>ion«. III. Inter- mediate Examination Questions and Answers (Trinity, 1670.). IV. Pinal Examination Questions anil Answers (Michaelmas, 187U). V. Reiiews of New Books. VI. Correspondence. No. IV.— Trinity, 1870. I. Leading: Article on the Fusion of the Two Branches of the Lefral Profession, by the Editor, * oc- cluded. II. Digest of iuii'orlant Leaal Decisions. III. Inlermediaie Examination Questions and Answers (Kaster. Is70). IV. Final Examination Questions and Answers (Trinity, la'U). V. Rent«i of New- Books. VI. Correspondence. No. III.— Easter, 1870. I. On the Fusion of the Two Branches of the Profession : by the Editor. II. Digest of imperial t recent Decisions. III. Intermediate Examination Clueiiions and Answers (H. T. 1670). IV. Final Examination Uuesiions and Answers (E. T. 1870). V. Reviews of New books. VI. Correspond. ... No. II— Hilary, 1870. I. Note by the Editor. II. On At'ornnient i:i Mortgage-. III. Digest of inipor*ant recent Decisions, IV. Ii tcrine'iiate ExammatioiiUuesiions andAnswers (M.T. 18b9). V. Final Examination Uuestii 1 ■« and Answers (H. T. 187u). VI. Correspondence. No. I. — Michaelmas, 1809. I. County Courts, their Merits and Dtfects as Local Tribunals: by the Editor. II. Summary of n«w Decisions in Banco and at Nisi Priu>. III. Analysis of the moreimpoitant practical StMul t sol .c .* 3:1 Vict. IV. Intermediate Examination Uuesiions and Answers (T.T. 186!'). V. Final Exaniii alio i U.iestions and Answers (.M. T. 186a). VI. Notes on the Examinations. VII. Correspondence. *** Copies of Vol. I. of the Law Examination Journal, containing Nos. 1 to 14, with full Indexes and Tables of Cases cited, mi,./ now be had, price lGs. bound in cloth. — • — INGRAM'S LAW OF COMPENSATION.— Second Edition. COMPENSATION TO LAND AND HOUSE OWNERS : being a Treatise on the Law of the Compensation for In- terests in Lands, &c. payable by Railway and other Public Companies; with an Appendix of Forms and Statutes. By Thomas Duneail Ingram, of Lincoln's Inn, Esq., Barrister at Law, now Professor of Jurisprudence and Indian Law in the Presidency College, Calcutta. Second Edition. By J . J. Elmes, of the Inner Temple, Esq., Barrister- at-Law. Post 8vo. 1 2*. cloth. " Whether for companies taking land or conclusive manner that Mr. Ingram ha' holding it, Mr. Ingram's volume will be a rightly measured the requirements of the welcome guide. With this in his hand the profession when he designed the monograph legal adviser of a company, or of an owner before us. The appendix contains no less and occupier whose property is taken, and than sixty forms required in the practice of who demands compensation for it, cannot this branch of the law and the statutes a:. 1 fail to perform his duty rightly." — Law partsofstatutesin whichitisembodied The Times. index is very ample. Thus it will be see.i " This work appears to be carefully pre- to be a book very valuable to all solicitors. pared as regards its matter. This edition who may be concerned for railways or i. r is a third larger than the first; it contains the i ersons whose properties are affected twice as many cases, and an enlarged by them." — Law 'limes, second notice. index. It was much called for and doubt- " His explanations are clearand accurate, less will be found very useful by the prac- and he constantly endeavours not only to titioner." — Law Magazine. state the effect of the law which be i- " The appearance upon the title page of enunciating, but also to show the principle the words Second Edition attests in the most upon which it rests."— Alheneum. SCRIVEN ON COPYHOLDS.— Fifth Edition by Stalmar.. A TREATISE ON COPYHOLD, CUSTOMARY FREEHOLD, and ANCIENT DEMESNE TENURE, with the Jurisdiction of Courts Baron and Courts Leet. By John Schiven, Ser- jeant at Law. The Fifth Edition, containing references to Cases and Act i of Parliament to thepresent time. By Henry Stalman, Est]., of the Inner Temple, Barrister-at-Law. Abridgedin 1 vol. royal 8 vo. 30s. cloth. B 5 i*tt\ <&Re'0 JBagtstmai anoilta. Oke's Laws as to Licensing Inns, &c. Second Edit. 1874 ; containing the Licensing Acts, 1H72 and 1874, and the other Acts in force as to Ale-houses, Beer-houses, Wine and Refreshnient- houses. Shops, &c, selling Intoxicating Liquors, and Billiard and Occasional Licences. Systematically arranged, with Explanatory Notes, the authorized Forms of Licences, Tables of Offences, Index, &c. By George C. Oke, Chief Clerk to the Lord Mayor of London. Second Edition, by W. C. Glen, Esq., Banister at Law. Post 8vo. lO.s. cloth. "It is superfluous to recommend any work on magisterial law which bears the name of Mr. George C. Oke on the title page. That gentleman's treatises are standard authorities, and they deserve the esteem in which they are held. Mr. Oke is not only a well-read anil industrious author, hut he has a long and first-class experience in the administration of magisterial law. We aie sure that lawyers who have licensing cases, and magistrates who have to administer the new act, will be very glad to hear that Mr. Oke has published a treatise on the subject. This treatise, which Mr. Oke modestly descrihes as little, is a comprehensive manual. The law is cited in a manner easy of reference. There are explanatory notes, a table of forms, some of them original, a table of offences, and a copious index. Mr. Oke also gives a vtry clear exposition of the much disputed sections 45 and 46 of the new Licensing Act." — Law Journal. " Mr. Oke has lately brought out by far the best edition of the act, or perhaps we should say a treatise on it. Everything appears to be given which can by possi- bility he required, and the forms are abundant" — Law Times. Oke's Magisterial Synopsis; a Practical Guide for Magistrates, their Clerks, Attornies, and Constables ; Summary Con- victions and Indictable Offences, with their Penalties, Punishments, Procedure, &c. ; being alphabetically and talndarly arranged: with a Copious Index. Eleventh Edition, mucli enlarged. By George C. Oke, Chief Clerk to the Lord Mayor of London. In 2 vols. 8vo. cloth. " Mr. Oke, in his preface to the eleventh edition, alludes to the unusually ex- tensive alterations in and additions to, the already wide jurisdiction of justices of the peace effected by Parliament during the sessions of 1S69, 1870 and 1871. The insertion of many new titles and much new matter has by such legislation been rendered necessary, while other titles have been enlarged, rewritten, or condensed, as the experience of the author has suggested. Several minute changes have also been made in the references. Upon all these improvements the author tells us that he has bestowed his personal attention and the utmost care. We have therefore a perfect guarantee of the accuracy and propriety of all that is novel in the eleventh edition. We earnestly recommend to the higher classes of this country Mr. Oke's Synopsis, not as a mere reference index or dictionary to be snatched up at a moment of pressing need, but as a subject of quiet study. In conclusion, we beg to tender our warmest thanks to Mr. Oke for the immense boon conferred by him on the legal profession, the magistracy, and the whole community by his Synopsis, which now, as on a former occasion, we venture to designate as the standard guide of the magis- terial bench, and the indispensable companion of every justice of the peace." — Law Journal. Oke's Magisterial Fornmlist ; being a Complete Collec- tion of Forms and Precedents for practical use in all Cases out of Quarter Sessions, and in Parochial Matters, by Magistrates, their Clerks, Attornies and Constables. By George C. Oke, Author of -O 0~ MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 35 £&x. ©Re's iflagtstcrial 821otitJ5— continued. "The Magisterial Synopsis." &c. Fourth Edition, enlarged and improved. 8vo. 38s. cloth. " This work is too well known to need eulogy ; it is in universal use in magistrates' courts. It has been out of print for some time, and a new edition was urgently required. We believe that Mr. Oke purposely delayed it that it might be made contemporaneous, or nearly so, with the 'Synopsis.' The contents are brought down to the end of last year, and consequently it includes all the forms required by the new statutes and decisions of the six years that have elapsed since the publication of the third edition. It is a book that has been known so long and so extensively, that no further description of it is needed now." — Law Times. Oke's Handy Book of the Game and Fishery Laws ; containing the whole Law as to Game, Licences and Certificates, Poaching Prevention, Trespass, Rabbits, Deer, Dogs, Birds and Poisoned Grain throughout the United Kingdom, and Private and Salmon Fisheries in England. Systematically arranged, with the Acts, Decisions, Notes, Forms, Suggestions, &c. By George C. Oke, Author of "The Magisterial Synopsis," &c. Second Edition. 12mo. 1 Os. 6d. cloth. " Mr. Oke's name on a title page is a guarantee for at least a thoroughly practical work. He knows precisely what is wanted, and he supplies it. The arrangement is new and very convenient. It is what it professes to be, a handbook for the sports- man and his legal adviser." — Law Times. Oke's Law of Turnpike Roads; comprising- the whole of the General Acts now in force, including those of 18G1 ; the Acts as to Union of Trusts, for facilitating Arrangements with their Creditors; as to the interference by Railways with Roads, their Non- repair, and enforcing Contributions from Parishes, &c, practically arranged. With Cases, copious Notes, all the necessary Forms, and an elaborate Index, Sec. By George C. Oke. Second Editioti. 12mo. 18s. cloth. " All Mr. Oke's works are well done, and his ' Turnpike Laws ' is an admirable specimen of the class of books lequired for the guidance of magistrates and legal practitioners in country districts." — Solicitors' Journal. GLEN'S PUBLIC HEALTH AND LOCAL GOVERNMENT. Seventh Edition. The LAW relating to PUBLIC HEALTH and LOCAL (It (YEBXMEXT: including the Law relating to the Removal of Nuisances injurious to Health, the Prevention of Diseases, and Sewer Authorities. With Statutes and Cases. ByW. Cunning- iiam GLEN and Alexander Glen, B.A.. LL.B., Barristers at Law. Seventh Edition. Post Svo. 3Gs. cloth. C- SEABORNE'S LAW OF VENDORS & PURCHASERS. A CONCISE MANUAL of the LAW of VENDORS AND PURCHASERS of REAL PROPERTY. By Henry Seaborne. Post 8vo. 9s. cloth. *** This work is designed to furnish Practitioners with an easy means of reference to the Statutory Enactments and Judicial Decisions regulating the Transfer of Real Property, and also to bring these authorities in a compendious shape under the attention of students. " The book before us contains a good the most important branches of the deal, especially of practical information law. The student will find this book a as to the course of conveyancing matters useful introduction to a dry and difficult in solicitors' offices, which may be use- subject." — Law Examination Journal. l'ul to students." — Solicitors' Journal. " Intended to furnish a ready means " We will do Mr. Seaborne the justice of access to the enactments and deci- to say that we believe his work will be sions governing that branch of the law." of some use to articled and other clerks — The Times. in solicitors' offices, who have not the " The book will be found of use to the opportunity or inclination to refer to the legal practitioner, inasmuch as it will, standard works from which his is com- so far as regards established points of piled." — Law Journal. law, be a handier work of reference than " The value of Mr. Seaborne's book the longer treatises we have named." — consists in its being the most concise Athenaeum. summary ever yet published of one of h- TOMKINS' INSTITUTES OF ROMAN LAW. THE INSTITUTES of ROMAN LAW. Part I., con- taining the Sources of the Roman Law and its External History till the Decline of the Eastern and Western Empires. By Frederick Tomkins, M.A., D.C.L., Barrister at Law, of Lincoln's Inn. Royal 8vo. 12s. cloth. (To be completed in Three Parts.) DREWRY'S EQUITY PLEADER. A CONCISE TREATISE on the Principles of EQUITY PLEADING, with Precedents. By C. Stewart Drewry, Esq., of the Inner Temple, Barrister at Law. 12mo., 6s. boards. Contents :— What Persons are entitled to sue in Equity, and in what manner to sue. — Of the Modes of instituting a Suit in (quity. — Of the Defence of Suits. — Of Pleas. — Of Answers. — Of Amended Bills.— Of Kevivorand Supplemental Bills.— Of Inter- locutory Applications — Of the Proceediugs on going into Evidence.— Of Appeals. — Conclusion. — Appendix of Precedents. "Mr. Drewry will be remembered by he describes the principles and general many as the author of the very popular rules of Equity Pleading. It will be found and excellent treatise on the Practice in of great utility, as introductory to the more Equity. He has now contributed to the elaboraletreatises.ortorefreshthememory library of the lawyer another work of after the study of the larger books." — Law equal value, written for younger members Times, of the profession and for students, in which GLEN'S POOR LAW ORDERS.— Seventh Edition. The GENERAL CONSOLIDATED and other ORDERS of the POOR LAW COMMISSIONERS and the POOR LAW EOARD; with explanatory Notes elucidating the Orders, Tahles of Statutes, Cases and Index to the Orders and Cases. By W. C. Glen, Esq., Barrister at Law. Seventh Edition. Post 8vo. 21s. cloth. WILLIAMS ON PLEADING AND PRACTICE. An INTRODUCTION to the PRINCIPLES and PRACTICE of PLEADING in the SUPERIOR COURTS of LAW, embracing an outline of the whole Proceedings in an Action at Law, on Motion, and at Judges' Chambers; together with the Rules of Pleading and Practice, and Forms of all the principal Proceedings. By Watkin Williams, M.P., of the Inner Temple, Esq., Barrister at Law. 8vo. 12s. cloth. Mr. Williams has undertaken a work re- the book has features of peculiar value, quiring great care in its treatment ; but we it is at the same time scientific and prac- have no hesitation in saying that he has tical, and throughout the work there is a brought to bear on his task powers of ar- judicious union of genera) principles with raugement and clearness of expression of a practical treatment of the subject, illus- lio ordinary character, aud has produced trated by forms and examples of the main a work creditable to himself and useful to proceedings."— Juri st. the Profession. For the Student especially FRY'S SPECIFIC PERFORMANCE OF CONTRACTS. A TREATISE on the SPECIFIC PERFORMANCE of CONTRACTS, including those of Public Companies. By Edward Fry, B.A., of Lincoln's Inn, Esq, Barrister at Law. 8vo. 16s. cloth. " Mr. Fry's work presents in a reason- of the law, but of those varying circum- able compass a large quantity of modern stances in human society to which the law learning on the subject o! contracts, with has to be applied."— Spectator. reference to the common remedy by specific "Mr. Fry's elabordte essay appears to performance, and will thus be acceptable to exhaust the subject, on which he has cited the profession generally." — Law Chronicle, and brought to bear, with great diligence, " there is a closeness and clearness in some 1,500 cases, which include those of its style, and a latent fulness in the expo- the latest reports." — Lam Magazine and sitiou, which not only argue a knowledge Review. PHILLIPS'S LAW OF LUNACY. THE LAW CONCERNING LUNATICS, IDIOTS, and PERSONS of UNSOUND MIND. By Chaki.es P. Phillips, M.A., of Lincoln's Inn, Esq., Barrister at Law, and Commissioner in Lunacy. Post 8vo., 18s. cloth. " Mr. Phillips has, in his very com- present law, as well as the practice, plele, elaborate and useful volume, pre- relating to lunacy." — Laa Magazine and sented us with an excellent vitw of the lieziezc. o— 38 LAW WORKS PUBLISHED BY WIGRAM ON WILLS.— Fourth Edition. An EXAMINATION of the RULES of LAW respecting the Admission of EXTRINSIC EVIDENCE in Aid of the INTER- PRETATION of WILLS. By the Right Hon. Sir James Wigram, Knt. The Fourth Edition prepared for the press, with the sanction of the learned Author, by W. Knox Wigram, M.A., of Lincoln's Inn, Esq., Barrister at Law. Svo. lis. cloth. " In the celebrated treatise of Sir James Wigram, the rules of law are staled, dis- cussed and explained in a manner which has excited the admiration of every judge who has had to consult h."—Loid hiugs- dovin, in a Privy Council Judgment, July iU/i, 1858. " There can be no doubt that the notes of Mr. Knox Wigram have enhanced the value of the work, as affording a ready reference to recent cases on the subiects embraced 01 arising out of .Sir James Wigrani's propositions, aud which fre- quently give additional suuport, and in some instances an extension to the original text." — Law Chronicle. " Understood as general guides, the propositions established by ^ir James Wigram's Look are of the highest value. I5ut whatever view may be entertained, the book is one which will always be highly prized, and is now presented in a very satisfactory shape, thanks to the industry and intelligence displayed in the notes by the present editor." — Solicitors' Journal and Reporter. COOMBS' SOLICITORS' BOOKKEEPING. A MANUAL of SOLICITORS' BOOKKEEPING: comprising practical exemplifications of a concise and simple plan of Double Entry, with Forms of Account and other books relating to Bills of Costs, Cash, &c, showing their operation, giving directions for keeping, posting and balancing them, and instructions for drawing costs. Adapted for a large or small, sole or partnership business. By W. B. Coombs, Law Accountant and Costs Draftsman. 1 vol., Svo. 10s. 6d. cloth. *»* T/ie various Account Books described in the above irork. the Forms of trhich are Copy) ight, mail be had from the 1'ublishers, at the prices staled in the work at page 274. t>- " The author of the above, relying on the well-known fact that solicitors do not like intricate bookkeeping, has pre- sented to that branch of the profession a work in whkh the really superfluous has been omitted, and that only which is necessary and useful in the ordinary routine in an attorney's office lias been retained. He has performed his task in a masterly manner, and in doing so has given the why and the wherefore of the whole system of Solicitors' Bookkeeping. The volume is the most comprehensive we remember to have seen on the sub- ject, and from the clear and intelligible manner in which the whole has been worked out it will render it unexcep- tionable in the hands of the student and the practitioner." — Law Magaziru . " Throughout the pro forma account books most of the diflerent matters of business which usually arise in a solici- tor's office have been passed from their commencement to their ultimate con- clusion. The bill book contains pre- cedents of bills of costs illustrating the correspondence between that and the disbursement book, and so with the cash book, ledger, andother books ; every item has its reference and any intricate points have been explained, which are merits which no other work on the subject possesses; indeed so clear do the in- structions appear that a tyro of average skill and abilities with application could under ordinal y circumstances open and keep the accounts of a business; and so far as we can judge the author has suc- ceeded in his endeavour to divest solici- tors' bookkeeping of complexity, and to he concise and simple without being inefficient. AVe cannot dismiss this volume without briefly commenting upon the excellent style in which it is submitted to the profession."— Law Journal. -D MESSRS. BUTTER WORTH, 7 FLEET STREET, E.C. 39 BRABROOK'S NEW WORK ON CO-OPERATION. THE LAW and PRACTICE of CO-OPERATIVE or INDUSTRIAL and PROVIDENT SOCIETIES; including the Winding-up Clauses, to which are added the Law of France on the same subject, and remarks on Trades Unions. By Edward W. Brabrook, F.S.A., of Lincoln's Inn, Esq., Barrister at Law, As- sistant-Registrar of Friendly Societies in England. 6s. cloth. " A volume which will be very cor- tained in it are valuable and interest- dially welcomed by the associations of ing." — Law Magazine. which it treats and by their legal advi- " The fullness of knowledge is exhi- »ers." — Law Times. bited throughout this practical unpre- " At the present time when so much tending and handy little book of infor- attention is directed towards the working mation for all whom it concerns." — of Industrial and Provident Societies Morning Post. and Trades Unions, with all their unen- " The author speaks with practical viable notoriety, Mr. Brabrook's little experience and authority."- — Observer. work on these societies is opportune, " The little volume is comprehensive' and the statistics and information con- and valuable." — JS'vics uf the World. LUSHINGTON'S NAVAL PRIZE LAW. A MANUAL of NAVAL PRIZE LAW. By Godfrey Lushington, of the Inner Temple. Esq., Barrister at Law. Royal Svo. 10s. 6d. cloth. TROWER'S CHURCH BUILDING LAWS, Continued to 1874. THE LAW of the BUILDING of CHURCHES, PARSONAGES, and SCHOOLS, and of the Division of Parishes and Places. By Charles Francis Trowek, M.A., of the Inner Temple, Esq., Barrister at Law, late Fellow of Exeter College, Oxford, and late Secretary of Presentations to Lord Chancellor Westhury. Post Svo. 9s. cloth. The Supplement may be had separately , price Is., sewed. " A good book on this subject is calcu- men are concerned with glebes, endow- lated to be of considerable service both to ments. district chapelries, parishes, eccle- lawyers, clerics and laymen; and on the siastical commissions and such like matters, whole, after taking a survey of the work about which the public and notably the before us we may pronounce it a useful clerical public seem to know but little, but work. It contains a great mass of in for- which it is needless to say are matters of inali hi ofesseutial import to those who much importance." — Solicitors' Journal. as parishioners, legal advisers or clergy- WILLS ON EVIDENCE.— Fourth Edition. AN ESSAY on the PRINCIPLES of CIRCUMSTAN- TIAL EVIDENCE. Illustrated by numerous Cases. By the late William Wills, Esq. Fourth Edition. Edited by his Son, Alfred Wills, Esq., Barrister at Law. Svo. 10s. cloth. 0- 40 LAW WORKS PUBLISHED BY FIELD'S LAW RELATING TO CURATES. The LAW RELATING to PROTESTANT CURATES and the RESIDENCE of INCUMBENTS or their BENEFICES in ENGLAND and IRELAND. By C. D. Field, M.A , LL.D., late Scholar of Trin. Coll. Dublin, and now of Her Majesty's Bengal Civil Service; recently Judge of the Principal Court of Small Causes at Kishnaghur; and Registrar of Her Majesty's High Court of Judi- cature at Fort William in Bengal ; Author of the Law of Evidence in India, &c. Post 8vo. 6s. cloth. "A clear and concise exposition of a the notice of solicitors, but of considerable branch of the law not often brought under interest to the clergy."— Law Times. GRANT'S LAW OF CORPORATIONS IN GENERAL. A PRACTICAL TREATISE on the LAW of COR- PORATIONS in GENERAL, as well Aggregate as Sole; including Municipal Corporations, Railway, Banking, Canal and other Joint- Stock and Trading Bodies, Dean and Chapters, Universities, Colleges, Schools, Hospitals, with quasi Corporations aggregate, as Guardians of the Poor, Churchwardens, Churchwardens and Overseers, &c, and also Corporations sole, as Bishops, Deans, Canons, Archdeacons, Parsons, &c. By James Grant, Esq., of the Middle Temple, Bar- rister at Law. Royal 8vo. 26s. boards. HOLLAND ON THE FORM OF THE LAW. ESSAYS upon the FORM of the LAW. By Thomas Erskine Holland, M.A., Fellow of Exeter College, Oxford, and of Lincoln's Inn, Esq., Barrister at Law, and Chichele Pro- fessor of International Law in the University of Oxford. 8vo. 7s. Qd. cloth. "Aworkof great ability." — Atherxvum. essays to our readers." — Law Magazine. " Entitled to very high comrnenda- " A work in which the whole matter tion." — Law Times. is easily intelligible to the lay as well •■ The essays of an author so well as the professional public." — Saturday qualified to write upon the subject." — Review. Law Journal. "Mr. Holland's extremely valuable •' We can confidently recommend these and ingenious essays."— Spectator. C-- c- MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 41 -O ROUSE'S COPYHOLD ENFRANCHISEMENT MANUAL.— Third Edition. The COPYHOLD ENFRANCHISEMENT MANUAL; enlarged, and treating the subject in the Legal, Practical and Mathe- matical Points of View; giving numerous Forms, Rules, Tables and Instructions for Calculating the Values of the Lord's Rights; Sugges- tions to Lords' Stewards, and Copyholders, protective of their several Interests, and to Valuers in performance of their Duties; and inclu- ding the Act of 1S58, and Proceedings in Enfranchisement under it. By Roll a Rouse, Esq., of the Middle Temple, Barrister at Law. Third Edition, much enlarged. 12mo. 10s. 6d. cloth. " This new edition follows the plan of its predecessor, adopting a fivefold divi- sion : — 1. The Law. 2. The Practice, with Practical Suggestions to Lords, Stewards and Copyholders. 3. The Ma- thematical consideration of the Subject in all its Details, with Rules, Tables and Examples. 4. Forms. 5. The Statutes, with Notes. Ot these, we can only re- peat what we have said before, that they exhaust the subject ; they give to the practitioner all the materials required by him to conduct the enfranchisement of a copyhold, whether voluntary or com- pulsory." — Law Times. " When we consider what favor Mr. Rouse's Practical Man and Practical Conveyancer have found with the pro- fession, we feel sure the legal world will greet with pleasure a new and improved edition of his copyhold manual. The third edition of that work is before us. It is a work of great practical value, suitable to lawyers and laymen. AVe can freely and heartily recommend this volume to the practitioner, the steward and the copyholder." — Law Magazine. " Now, however, thatcopyhold tenures are being frequently converted into free- holds, Mr. Rouse's treatise will doubtless be productive of very extensive benefit ; for it seems to us to have been very care- fully prepared, exceedingly well com- posed and written, and to indicate much experience in copyhold law on the part of the author." — Solicitors' Journal. BENHAM'S STUDENT'S EXAMINATION GUIDE. The STUDENT'S GUIDE to the PRELIMINARY EXAMINATION for ATTORNEYS and SOLICITORS, and the Oxford and Cambridge Local Examinations and the College of Pre- ceptors, to which are added numerous Suggestions and Examination Questions selected from those asked at the Law Institution. By James Erle Benham, of King's College, London. 12mo. 3s. cloth. " The book is artistically arranged. It will become a Useful guide and instructor, not only to Law Students, but to every Student \vh 3 is preparing tor a preliminary examination." — Law Journal. " Mr. Benham lias produced a very useful manual for the aid of intending candidates at the solicitors' proliminaiy examinations, and the Oxford and Cam- bridge local examinations. He gives many suggestions on all the subjects of examination and full information thereon." — Law Examination Reporter. "The book is written in a clear and agreeable style, and, in spite of a few blemishes, will no doubt be tound useful by the class of readers for whom it is intended." — Law Magazine and Review. "This book is intended for the use of those who are about to undergo the pre- liminary examinations for attorneys and solicitors and for the Oxtord and Cam- bridge local examinations. The student may learn from Mr. Benham what he has to do and the way to do it. We have no doubt that ' Benham's Student's Exami- nation Guide* will be largely patronised iu this examining age." — Standard. £r ©■ 42 LAW WORKS PUBLISHED BY FIELD'S TABLE OF, and INDEX TO, INDIAN STATUTES. CHRONOLOGICAL TABLE OF, and INDEX TO, THE INDIAN STATUTE BOOK from the Year 1S34; with a General Introduction to the Statute Law of India. With Supplement continuing the Work to August, 1872. By C. D. Field, M.A., LL.D., of the Inner Temple, Barrister at Law, and of H.M.'s Bengal Civil Service. Imperial 4to. 42s. cloth. BRANDON'S LAW OF FOREIGN ATTACHMENT. A TREATISE upon the CUSTOMARY LAW of FOREIGN ATTACHMENT, and the PRACTICE of the MAYOR'S COURT of the CITY OF LONDON therein. With Forms of Procedure. By Woodthorpe Brandon, Esq., of the Middle Temple, Barrister-at-Lavv. Svo. 14s. cloth. MOSELEY ON CONTRABAND OF WAR. WHAT IS CONTRABAND OF WAR AND WHAT IS NOT. A Treatise comprising all the American and English Authorities on the Subject. By Joseph Moseley, Esq., B.C.L., Barrister at Law. Post Svo. 5s. cloth. SMITH'S BAR EDUCATION. A HISTORY of EDUCATION for the ENGLISH BAR, with SUGGESTIONS as to SUBJECTS and METHODS of STUDY. By Philip Anstie Smith, Esq., M.A., LL.B., Bar- rister at Law. Svo. 9s. cloth. 1 FIELD ON EVIDENCE IN BRITISH INDIA.-Second Edition. THE LAW OF EVIDENCE AS ADMINISTERED IN BRITISH INDIA. By C. D. Field, LL.D., of the Inner Temple, Barrister at Law, and of H. M.'s Bengal Civil Service. Second Edition, containing the New Code of Evidence passed by the Legislative Council of India. Svo. 28s. cloth. " We have carefully looked into Mr. in general and Indian evidence in par- Field's work, and our opinion is that it ticular. We do not think any better re- is worthy of the law of which it treats; commendation could be given to persons but it is made additionally and excep- contemplating the practice of the law in tionally valuable by an introduction India than to procure Mr. Field's work which is an original essay on evidence and master it." — Law Times. & 9 — — MESSRS. BUTTERWORTH, 7 FLEET STREET, E.C. 43 The Law and Facts of the Alabama Case, with Reference to the Geneva Arbitration. 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VI. and of the qvenes Murye and Elizabeth. &• o ^rcIhiTinariT (Bmmmutxmx $0iirral Published, in Svo., price Is., by Post Is. Id., after each respective Preliminary Examination for Solicitors in February, May, July and October. CONTENTS. No. XV.— July, 187*. I. Special Examination Notice'. II. The Incorporation ofthe Inns of Court and the proposed Law Univer-iiv. III. Orthography of Proper Names. IV. Railing in Courts of Law. V. "Absence of Mind." ' VI. Ersklne Debating Society. VII. The Questions of the Pre- liminary Examination ot the 15th and loth of JULY, with the Answers. VIII. Keview of the July Examination. IX. Answers to Co. respondents. No. XIV.— May, 1974. I. Examination Notices. II. The Choice of a Profession and its Influence on the Mm'. III. A Relleiiinn. IV. " Never say Fail !" V. I he Quesiiousof the Preliminary Ex- amination rfthe 13th and 1 4th of MAY, witn the Answers. VI. Suggestions to intending Candidate*. VII. Answers to Corre-pomlents. XIII.— February, 1874 1. Special Examination Notices for Easter and Trinity Term", 18*4. II. Quotations bv Authors and Advocates. III. " Men of Genius delieient in Conversation." IV. The Questions of the Preliminary Examination ofthe lltliand litli of eEBKUARY, with ihe Answers. V. Review of the February Examination, and a few Suggestions. VI. Debating Societies VII. An- swers lo Correspondents, &c. No XII.— October, 1873. I. Special Examination Notices for '874.— II. Eminent Lawvers.— III. Rhetoric. — IV. A Summary ol the Law of Torts— a Review, — V. The Questions of the Preliminary Examination of the 29th and 30lh OCIOBER, with ihe Answers.— VI. Review of the October Examination, an J suggestions as to preparation for Ihe next.— VII. Answers to 'orrespnidents, &c. No. XL— July, 1873. I. Special Examination Notices for Michaelmas Term.— II. Psycho- logical Enquiries.— II I. Uur Note- books. —IV. A Few Keniarks on the Study ofthe Latin Language. — V. Recollections of Ancient Classical Writers — continued. — Vi. Ihe Questions ofthe Pieliminary Examination ofthe 16th and 17th of July, with the Answers — VII, Review ofthe July Examination. — VII I. Correspondence. No. X.— Mav, 1«73. 1. Special Examination Notices.— II. Ladies a. Lawvers.— III. Common Sense. —IV. 'I he Advantages of Edu' alion.— V. Reviews of New Books, ice. — XL Parti. Recolleclions of Ancient Classical Writers. Part II. Memoirs of Charles Dickei.s, Lord Lytton, John Stuan Mill.— VII. Questions ofthe Preliminary Examination, 14th anJ 15th MAY, 187', with the Answers.— V III. Review of the May Examination. — IX. Correspondence. No. IX.— February, 1873. I. Exan ination Notices. — II. The Amalgamation of ihe twoBranchesof the Profession.— III. Spi rial Preparation for Examinations.— IV. Ihe Power of linagina'ion! — V. Institutes of English Public Law: a Keview. — VI. Synopsis of leading Author,, Statesmen, Poets and Philosophers.— VII. The Questions of the Preliminary Examination ofthe lith and 13th of tEHRUARY, with the Answer*.— VIII. Review ofthe F.bruarv Examination.— IX. Corresponoei.ee. No. VIII.— October, 1872. I. Special Kxamination Notices for 1873. 1 1. " What leads to Success in Life?" III. Brains— Quantity or Quality. I V. A Retrospective Glance. V. Remarks on " Memory." continued. VI. Synopsis of leading Authors, Statesmen, Poets and Philosophers. (TAe Lin includes Memoirs of Tliackeiay, Sir G. C. Lewis, Admiral Htzroy and several others.') VII. The Questions of the Preliminary Examination ofthe 30th and 31st of October, with the Answers. VIII. Review of the October Examination. IX. Correspondence. No. VII.— July, 1872. I. Special Ex audi ation Notices for Michaelmas Term, 1*72. II. " How many Hours a Day do you recommend me to study !" III. Critical Reviews. IV. A few Remarks o* the Improvement of the Memory. V. Svnop-is of leading Authors, Statesmen, Poets and PMlo opiers. C77tc List includes Notices of Lord Byion, Si' Robert feU Lord Macau'uy aud severa* utArff.J VI. The Questions ofthe Preliminary examination of the 17th and lethof JUi-Y, with the Answe s. VII. Review of Ihe Julv Examination. VIII. Correspondence. No. VI.— May. 1872. I. Special Examination Notice. II. How to become an Orator ; with Selec- tions from the Speeches of Lord Brougham, Pitt, Curran, Daniel O'f'onned, Burke, 'he iate Earl of Derby, Mr. ost 3s. Id., after the General .Examinations held in each year, The Bar Examination Journal. Edited by A. D. Tyssen and 6ir It. K. Wilson, Hart., Barristers at Law. Contents op each Number. — Lists of Subjects and the Papers in both the General Examination lor all Students, and also in Indian Law for Indian Students, with the Answers; Notices as to the Examinations, &c. In Sro., Is., by post Is. 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