sufficient to use the Expression "The Lands Clauses Con- - V. And whereas it may be convenient in some Cases to Form in which And with respect to the Purchase of Lands by Agreement, be it enacted as follows: Purchase of VI. Subject to the Provisions of this and the special Act it Power to purshall be lawful for the Promoters of the Undertaking to agree chase Lands by with the Owners of any Lands by the special Act authorized Agreement. 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 Consideration 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. abled to sell coas Gofs 15.1. $2 Aquement by tut In life with 60 VII. It shall be lawful for all Parties, being seised, possessed Parties under of, or entitled to any such Lands, or any Estate or Interest Disability entherein, to sell and convey or release the same to the Promoters of the Undertaking, and to enter into all necessary Agreements e. Tritions 12/.457 for that Purpose; and particularly it shall be lawful for all or the outwoogle any of the following Parties so seised, possessed, or entitled as7/736 aforesaid so to sell, convey, or release; (that is to say,) all ache & 8t Corporations, Tenants in Tail or for Life, married Women 141.7 seised in their own Right or entitled to Dower, Guardians, aunt pass 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 posses sion or subject to any Estate in Dower, or to any Lease for Life, or for Lives and Years, or for Years, or any less Interest; 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/51.475 and Years, or for Years, or for any less Interest, not only on behalf of themselves and their respective Heirs, Executors, teal eth Administrators, and Successors, but also for and on behalf of an every Person entitled in reversion, remainder, or expectancy sott after hugth 81.1. Purchase of Parties under Amount of Compensation in case of Parties under Disability to be ascertained by 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 their Wards, and as to such Committees, 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 Disability, 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. VIII. The Power herein-after 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 Incumbrance, and to agree for the Apportionment of any such Rent, Charge, or Incumbrance, shall extend to and may lawfully be exercised by every Party herein-before enabled to sell and convey or release Lands to the Promoters of the Undertaking. IX. The Purchase Money or Compensation to be paid for any Lands to be purchased or taken from any Party under any Disability or Incapacity, and not having Power to sell or con-vey such Lands except under the Provisions of this or the special Act, and the Compensation to be paid for any permanent. Damage or Injury to any such Lands, shall not, except where the same shall have been determined by the Verdict of a Jury, or by Arbitration, or by the Valuation of a Surveyor appointed Easton 157.979 by Two Justices under the Provision herein-after contained, be Valuation, and paid into the Bankawhy ひ Where Vendor absolutely entitled, Lands may be sold less than shall be determined by the Valuation of Two able practical Surveyors, one of whom shall be nominated by the Promoters of the Undertaking, and the other by the other 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 Compensation shall be deposited in the Bank for the Benefit of the Parties interested, in manner. herein-after mentioned. X. It shall be lawful for any Person seised in Fee of, or entitled to dispose of absolutely for his own Benefit, any Lands authorized to be purchased for the Purposes of the special Act on chief Rents. to sell and convey such Lands or any Part thereof unto the Promoters of the Undertaking, in consideration of an annual Rent-charge payable by the Promoters of the Undertaking, 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. Purchase of Agreement. Tolls. XI. The yearly Rents reserved by any such Conveyance Payment of shall be charged on the Tolls or Rates, if any, payable under Rents to be the special Act, and shall be otherwise secured in such Manner charged on 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 Promoters 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. XII. In case the Promoters of the Undertaking shall be Power to purempowered by the special Act to purchase Lands for extra- chase Lands required for ordinary Purposes, it shall be lawful for all Parties who, under additional Acthe Provisions herein-before contained, would be enabled to commodation. sell and convey Lands, to sell and convey the Lands so authorized to be purchased for extraordinary Purposes. XIII. It shall be lawful for the Promoters of the Under- Authority to taking to sell the Lands which they shall have so acquired for sell and repurchase such extraordinary Purposes, or any Part thereof, in such Manner, Lands. 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. XIV. The Promoters of the Undertaking shall not, by virtue Restraint on of the Power to purchase Land for extraordinary Purposes, Purchase from purchase more than the prescribed Quantity from any Party Persons. incapacitated 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 purchase 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. XV. Nothing in this or the special Act contained shall Municipal Corenable any Municipal Corporation to sell for the Purposes of porations not to the special Act, without the Approbation of the Commissioners sell without the Approbation of of Her Majesty's Treasury of the United Kingdom of Great the Treasury. 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 Com pany Purchase of 8 VICT. pany are by the Powers of this or the special Act empowered to purchase or take compulsorily. And with respect to the Purchase and taking of Lands Lands otherwise otherwise than by Agreement, be it enacted as follows: than by Agreement. Capital to be before compul- A Certificate of Two Justices to be Evidence has been sub- Notice of In- XVI. Where the Undertaking is intended to be carried into effect by means of a Capital to be subscribed by the Promoters of the Undertaking, the whole of the Capital or estimated Sum for defraying the Expences of the Undertaking shall be subscribed under Contract binding the Parties thereto, 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 relation to the compulsory taking of Land for the Purposes of the Undertaking. XVII. A Certificate under the Hands of Two Justices, certifying 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. XVIII. When the Promoters of the Undertaking shall require to purchase or take any of the Lands which by this or swugl not the special Act, or any Act incorporated therewith, they are may be given authorized to purchase or take, they shall give Notice thereof stamper Barto all the Parties interested in such Lands, or to the Parties 4.127.720 enabled by this Act to sell and convey or release the same, or see obrews 15/1878uch of the said Parties as shall, after diligent Inquiry, be known to the Promoters of the Undertaking, and by such Notice 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 Promoters of the Undertaking are willing to treat for the Purchase 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. Service of Service of XIX. All Notices required to be served by the Promoters of the Undertaking upon the Parties interested in or entitled to sell any such Lands shall either be served personally on such Parties or left at their last usual Place of Abode, if any such 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 Lands. XX. If any such Party be a Corporation aggregate such Notice shall be left at the principal Office of Business of such Corporation, or if no such Office can after diligent Inquiry be found, shall be served on some principal Member, if any, of such Corporation, and such Notice shall also be left with the 4 Occupier Occupier of such Lands, or, if there be no such Occupier, shall be affixed upon some conspicuous Part of such Lands. 127.589 XXI. If, for Twenty-one Days after the Service of such If Parties fail Notice, any such Party shall fail to state the Particulars of his to treat, or in case of Dispute, Claim in respect of any such Land, or to treat with the Pro- Question to be moters of the Undertaking in respect thereof, or if such Party settled as after and the Promoters of the Undertaking shall not agree as to the mentioned. Amount of the Compensation to be paid by the Promoters of the Undertaking for the Interest in such Lands belonging to the ages of a such Party, or which he is by this or the special Act enabled to it th bis da sell, or for any Damage that may be sustained by him by reasonst du ha of the Execution of the Works, the Amount of such Compen-ere will be sation shall be settled in the Manner herein-after provided for referens & the Hea settling Cases of disputed Compensation. Read Melefeld 12 Bea. 486 Disputes as to Compensation Amount claimed does not exceed 50%. to be settled by Two Justices, where the 4 XXII. If no Agreement be come to between the Promoters of the Undertaking and the Owners of or Parties by this Act enabled to sell and convey or release any Lands taken or required for or injuriously affected by the Execution of the Undertaking, or any Interest in such Lands, as to the Value of such Lands or of any Interest therein, or as to the Compensation to be made in respect thereof, and if in any such Case the Com-Lee & Hush pensation claimed shall not exceed Fifty Pounds, the same shall be settled by Two Justices. the 187.26) Gaither XXIII. If the Compensation claimed or offered in any such Compensation Case shall exceed Fifty Pounds, and if the Party claiming exceeding 501. to be settled by Compensation desire to have the same settled by Arbitration, Arbitration or and signify such Desire by Notice in Writing to the Promoters Jury, at the of the Undertaking, before they have issued their Warrant to Option of the Party claiming the Sheriff to summon a Jury in respect of such Lands, under Compensation. the Provisions herein-after contained, stating in such Notice the acliten & fac Nature of the Interest in respect of which such Party claims/4/02/ Compensation, and the Amount of the Compensation so claimed, the same shall be so settled accordingly; but unless the Party claiming Compensation shall as aforesaid signify his Desire to have the Question of such Compensation settled by Arbitration, or if when the Matter shall have been referred to Arbitration the Arbitrators or their Umpire shall for Three Months have failed to make their or his Award, or if no final Award shall be made, the Question of such Compensation shall be settled by the Verdict of a Jury as herein-after provided. by Justices. XXIV. It shall be lawful for any Justice, upon the Ap- Method of proplication of either Party with respect to any Question of dis- ceeding for settling Disputed Compensation by this or the special Act, or any Act putes as to incorporated therewith, authorized to be settled by Two Justices, Compensation to summon the other Party to appear before Two Justices, at a Time and Place to be named in the Summons, and upon the Appearance of such Parties, or in the Absence of any of them, upon Proof of due Service of the Summons, it shall be lawful for such Justices to hear and determine such Question, and for that Purpose to examine such Parties cr any of them, and their Witnesses, upon Oath, and the Costs of every such Inquiry shall |