to quit from a Railway Company, which expired in the middle of the half year, viz., the 28th of July, upon which he quitted, but it did not appear but that he might have held out longer, he was liable for the rent of the half-year ending on the first of October. Wainwright v. Ramsden, 5 M. & W. 602; if however he had been compelled by the company to quit on the day named in the notice, it seems the rent would have been apportioned whether or not so compelled however he might have claimed compensation.

CXXII. If any party, having a greater interest Where than as tenant at will, claim compensation in respect terest greater inof any unexpired term or interest under any lease or claimed grant of any such lands, the promoters of the under- than from taking may require such party to produce the lease or lease to be year to year grant in respect of which such claim shall be made, produced. 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 claiming compensation shall be considered as a tenant holding only from year to year, and be entitled to compensation accordingly.

CXXIII. And be it enacted, that the powers of the Limit of promoters of the undertaking for the compulsory pur- time for compulchase or taking of lands for the purposes of the special sory puract shall not be exercised after the expiration of the chase. prescribed period, and if no period be prescribed not after the expiration of three years from the passing of the special act.

And with respect to interests in lands which have by mistake been omitted to be purchased, be it enacted as follows:

Interests

omitted to be purchased.

Promoters of the un

CXXIV. If at any time after the promoters of the undertaking shall have entered upon any lands which under the provisions of this or the special act, or any dertaking act incorporated therewith, they were authorized to empowered purchase, and which shall be permanently required for interests in to purchase purposes of the special act, any party shall appear lands the to be entitled to any estate, right, or interest in or purchase charge affecting such lands which the promoters of

the

whereof

may have been omitted by mistake.

How value of such lands to be estimated.

the undertaking shall through mistake or inadvertence have failed or omitted duly to purchase or to pay compensation for, then, whether the period allowed for the purchase of lands shall have expired or not, the promoters of the undertaking shall remain in 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 provisions 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.

CXXV. In estimating the compensation to be given for such last mentioned lands, or any estate or interest in the same, or for any mesne profits thereof, the jury, or arbitrators 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 undertaking, 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.

of the un

as to such

lands.

CXXVI. In addition to the said purchase money, Promoters compensation or satisfaction, and before the promoters of the undertaking shall become absolutely dertaking to pay the entitled to any such estate, interest, or charge, or to costs of have the same merged or extinguished for their litigation benefit, they shall, when the right to any such estate, interest, or charge shall have been disputed by the company, 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.

Lund.

And with respect to lands acquired by the pro- Sale of moters of the undertaking under the provisions of superfluous this or the special act, or any act incorporated therewith, but which shall not be required for the purposes thereof, be it enacted as follows:

be sold, or

CXXVII. Within the prescribed period, or if no Lands not period be prescribed within ten years after the expira- wanted to tion of the time limited by the special act for the in default completion of the works, the promoters of the under- to vest in taking shall absolutely sell and dispose of all such owners of superfluous lands and apply the purchase money lands adjoining arising from such sales to the purposes of the special act; and in default thereof all such superfluous lands remaining unsold at the expiration of such period shall thereupon 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.

Lands to be offered

nally taken,

or to adjoining

owners.

CXXVIII. Before the promoters of the underto owner of taking dispose of any such superfluous lands they lands from shall, unless such lands be situate within a town, or which they be lands built upon or used for building purposes, were origifirst offer to sell the same to the person then entitled to the lands (if any) from which the same were originally severed: or if such person refuse to purchase the same, or cannot after diligent inquiry be found, then the like offer shall be made to the person 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 contract for the purchase of such lands; and where more than one such person shall be entitled to such right of preemption such offer shall be made to such persons in succession, one after another, in such order as the promoters of the undertaking shall think fit (a).

Right of

tion to be

claimed

weeks.

(a) The company are not incapacitated from contracting to sell lands although they are incapable of conveying them, before they have offered them to the original owners of them, or to adjoining owners, and the court will decree the specific performance of such an agreement against the party contracting with them. London and Greenwich Railway Company, v. Goodchild, 22 Law, J. Ch. 224. 3 Railway cases, 507. (In this case costs were not allowed them.)

CXXIX. If any such persons be desirous of purpre-emption chasing such lands, then within six weeks after such offer of sale they shall signify their desire in that bewithin six half 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 entering

into a contract for the purchase of such lands, shall in all courts be sufficient evidence of the facts therein stated.

to be set

CXXX. If any person entitled to such pre-emption Differences be desirous of purchasing any such lands, and such as to price person and the promoters of the undertaking do not tled by ar. agree as to the price thereof, then such price shall be bitration. ascertained by arbitration, and the costs of such arbitration shall be in the discretion of the arbitrators.

be con

CXXXI. Upon payment or tender to the pro- Lands to moters of the undertaking of the purchase money so agreed upon or determined as aforesaid they shall veyed to the purconvey such lands to the purchasers thereof by deed chasers. 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 promoters 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.

CXXXII. In every conveyance of lands to be Effect of made by the promoters of the undertaking under this the word 66 grant," or the special act, the word "grant" shall operate as in conveyexpress covenants by the promoters of the under- ances. taking, for themselves and their successors, 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, administrators, and assigns of such grantees, according to the quality or nature of such grants, and of the estate or interest therein expressed to be