but decisions have been arrived at to the following various effects:

1105. For injury to the access to property, as by obstructing a private road, or altering a public road on which the claimant's land abuts;

1106. For obstructing the access to a ferry ;

1107. For obstructing the flow of water to a mill or tan-yard; 1108. For drowning a mine by the diversion of a brook; 1109. For causing drainage water to flow on to the premises; 1110. For obstructing the access of light and air;

IIII. For causing dust and dirt to drift on to the claimant's premises;

1112. For loss of tolls to the owner of a towing path by reason of the diversion of a river;

1113. For damage done by vibration during the construction of the works (1119).

DEFEATED CLAIMS.

1114. Claims for compensation from railway companies have been defeated in reference to a great variety of contingencies which prove the extreme uncertainty of such cases; some of which are set forth as follows:

1115. For crossing a highway by a railway on a level, frightening horses on a highway, or polluting a navigable river, although the inconvenience to the claimant may amount to such special damage as would support an action;

1116. For the loss of tithes on the land taken for the works, unless the tithe owner is protected by the special act;

1117. For intercepting the percolation of water to a well;

1118. For loss of privacy by reason of the premises being overlooked by passengers on a railway;

1119. For vibration caused by the passage of trains after a railway is opened for traffic (1113).

NECESSITY FOR FORESIGHT.

1120. Generally speaking, compensation claimed from public companies must be assessed once for all, for the injury authorized to be caused to the rights of the landholder; for,

1121. Claims cannot be Reopened.— In case of unforeseen damage which may occur after property has been sold and compensated for, the suffering party is without remedy; nevertheless,

NEGLIGENCE.

1122. If negligence occur in the construction or management of

public works, compensation is payable to the consequent sufferers, irrespective of any question of value of land.

PAYMENT OR DEPOSIT.

1123. If the promoters of public works are desirous of entering upon and using any lands before the amount to be paid has been determined, they are by law required first to deposit in the Bank the sum claimed by the party who is required to give up the land, or such sum as a surveyor, appointed by two justices, may determine, and the promoters can be also legally compelled to give a bond, with two sureties approved by two justices, in a penal sum equal to the deposit conditioned for payment to the party.

ARRANGEMENTS WITH TENANTS NUGATORY.

1124. Cases have arisen where the promoters of public works have proceeded upon the faith of an arrangement with the tenants of the land required; such a course is erroneous, and should not be submitted to; for

1125. Surviving Rights of Freeholders.-If the promoters of blic works presume to enter upon possession of land, after an arrangement with the tenants only, the freeholder can legally compe the usual deposit and bond (1123), or otherwise may obtain a peremptory injunction to stop the works.

OPTION AS TO WHOLE OR PART.

1126. When promoters of public works require only part of a factory or house, or the garden or other enclosure thereof, the holder may at his own option assent to the taking of such part at a valution, or he may compel the promoters to take and purchase the whole property.

1127. Outlying Portions.-When part of a factory is required for public works the holder can compel the purchase, not only of the mediate surrounding enclosure, but also of any outlying piece or eces of land used in conjunction with the principal establishment; for instance,

1128. Both Sides a Road.-Where a factory and its accessories are on two sides of a road or stream, and the smallest corner of either side is required for public works, the dictum is that the whole concern on both sides must be wholly purchased, unless the holder can be induced to sell the part actually required only; nevertheless, 1129. Conflicting Decisions.-Though the general rule is that the whole of any factory (though divided) must be taken, there are some

decisions to the contrary, and in extreme cases circumstances will rule.

MORTGAGEES.

1130. Provision is expressly made that when any mortgaged property is required for public works, mortgagees stand upon the same rights as freeholders.

LEASEHOLDERS.

1131. When the promoters of public works require part only of a property held on lease, the lessee cannot claim to be relieved of his whole lease, but is only entitled to compensation for the actual damage done; and

ANNUAL TENANTS.

1132. Where the occupiers of premises are annual tenants, they have no claim in any case for compensation if they get due notice to quit at the end of their year; though,

1133. Jurisdiction of Magistrates.-Should an annual tenant be required to give up possession before the term of legal notice has expired, the amount of compensation is expressly provided to be determined by two justices, and not by arbitration.

AGREEMENT NOT TO OPPOSE.

1134. Agreeing not to oppose a bill does not bind a tenant to waive any claim which may arise after the Act is obtained; as, for instance,

1135. The London and Croydon Case.-The London and Croydon Railway Company obtained powers to purchase a canal, having previously bought off the opposition of the wharfingers holding leases thereon, and it was determined that the company after obtaining the Act must commence afresh to negociate for the purchase of the leases, irrespective of the waiver of opposition previously conceded by each lessee.

EXPIRATION OF POWERS.

1136. Unless otherwise prescribed in their special Act, the promoters of public works must, as a general rule, complete the purchase of all the land they are empowered to take within three years after the passing of the Act; but,

1137. Saving Condition.-In some cases it has been held sufficient for promoters of public works to serve notices of purchase within three years after the passing of the Act; and

1138. Omissions by Mistake.—Provision is made for the purchase at any time by the promoters of public works of any interests in land, the purchase of which has been omitted by mistake.

RAILWAYS.

PLANS.

1139. Promoters of a railway bill must prepare plans of the proposed line; and

BOOKS OF REFERENCE.

1140. Every official plan of a proposed railway must be accompanied by a "book of reference" to the freeholders, lessees, and occupiers of every piece of land proposed to be taken; and

1141. Deposit and Registration.-Every official plan of a proposed railway, together with its book of reference, must be deposited with the clerks of the peace of the respective counties, and be otherwise registered in accordance with the standing orders of Parliament for the time being.

RESTRICTION OF POWERS.

1142. Though each freeholder of a house or factory may compe the taking by a railway of the whole of the property notified (1126) the company can only take, of its own motion, as much as is neces sary to the proper construction and maintenance of the railway; for 1143. Limitation to Absolute Wants.-The mere entering of land in a plan and reference book does not entitle a company to take more thereof than is absolutely required for making the railway; more especially as,

1144. Limits of Optional Deviations.-Some margin for deviation is always provided for in railway plans and books of reference, and the special Act, subject to such plans, is granted with a distinct understanding that the company can only take compulsorily such portion of the land delineated as is really necessary for carrying out the object of making a railway; on the other hand,

1145. Open Land.-Though much more land may be delineated on the plan of a proposed railway than is eventually required, unless such land be part of the surroundings of a house or factory actually taken (1126), the company cannot be compelled to purchase more than enough for the proper construction of the railway; therefore,

ENERGETIC ACTION NECESSARY.

1146. Freeholders who wish to bind promoters of railways to purchase more or less than is delineated in the plan, should take care to compel by strenuous threats of opposition, such special pro

visions in the Act as will meet their views on the subject; more especially as,

1147. Binding Amendments of Mistakes.-Provision is made for relieving promoters of railways from the consequences of mistakes in plans and books of reference, which they can get amended by proceedings before the local magistrates.

PLANS OF VIADUCTS AND TUNNELS.

1148. When any portion of a railway is projected to be carried over a viaduct or through a tunnel, then the plans and books of reference to such viaduct or tunnel must be exactly in accordance with the intended line; for,

1149. Unalterable Line.-No margin for deviation is allowed in granting powers for a railway viaduct or tunnel.

RAILWAY BRIDGES.

1150. Over Roads.—Railway bridges over roads are required to be built according to precise statutory provisions; namely:

1151. The width of the arch shall be such as to leave thereunder a clear space of not less than 35 feet if over a turnpike road, or of 25 feet if over any other public carriage-road, or 12 feet if over a private road :

1152. The clear height of the arch from the surface of the road shall be not less than 16 feet for a space of 12 feet over a turnpike road, or 15 feet for a space of 10 feet over a public carriage road.

1153. In any case the clear height at the springing of the arch must not be less than 12 feet:

1154. The clear height for a space of 9 feet shall not be less than 14 feet over a private carriage road.

1155. Lowering Roads.-Where a road has to be lowered so as to allow room for a railway to pass over it subject to the provisions as to the clear height of the arch (1152), the road must be so lowered as to make a gradient of not more than 1 in 30 of a turnpike road, 1 in 20 of a public carriage road, or 1 in 16 of a private : carriage road.

1156. Under Roads.-Bridges over railways are required to be built according to precise statutory provisions; namely:

1157. There shall be a good and sufficient fence on each side of the bridge not less than 4 feet in height, and the fences of the approaches shall be not less than 3 feet in height :

1158. The road over the bridge shall be of the clear wdth of not