ful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all corporations, tenants in tail (f) 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 (g), 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 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 and years, or for years, or for any less interest, not only on behalf of themselves, and their respective heirs, executors, 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 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 anthority of this and the special Act if they had respectively been under no disability. exercise VIII. The power hereinafter given to enfranchise copy- Parties hold lands as well as every other power required to be exer- under discised by the lord of any manor, pursuant to the provisions of ability to this or the special Act, or any Act incorporated therewith, and other powers. the power to release lands from any rentcharge or incumbrance, and to agree for the apportionment of any such rentcharge or incumbrance shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and convey or release lands to the promoters of the undertaking. (f) Inalienable estates tail are within this section; in re Cuckfield Burial Board, 19 Beav. 153. (g) See St. Thomas's Hospital v. Charing Cross Railway Company, 30 L. J. (N. S.) Ch. 395. An equi- Amount of compensation in case of parties under dis the bank. 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 convey such lands except under the provisions of this or the special ability to be Act, and the compensation to be paid for any permanent ascertained by valuation, damage or injury to any such lands, shall not, except where and paid into the same shall have been determined by the verdict of a jury, or by arbitration, or by the valuation of a surveyor 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 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 hereinafter mentioned. Where lutely en on chief X. It shall be lawful for any person seised in fee of or envendor abso- titled to dispose of absolutely for his own benefit any lands titled, lands authorized to be purchased for the purposes of the special Act may be sold to sell and convey such lands or any part thereof unto the promoters of the undertaking, in consideration of an annual rentcharge 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 (h). rents. Payment of rents to be charged on tolls. XI. The yearly rents reserved by any such conveyance shall be charged on the tolls or rates, if any, payable under the special Act, and shall be otherwise secured in such manner 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 (h) So much of this section as provides that save in the case of lands of which any person is seised in fee, or entitled to dispose of absolutely for their benefit, the consideration to be paid for any lands, or for any damage done thereto, shall be in a gross sum, is repealed by the 23 & 24 Vict. c. 106, s. 1, post; and see ss. 2, 4, and 5 of that Act. 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. lands re XII. In case the promoters of the undertaking shall be Power to empowered by the special Act to purchase lands for extraordi- purchase nary purposes, it shall be lawful for all parties who under the quired for provisions hereinbefore contained would be enabled to sell and additional convey lands to sell and convey the lands so authorized to be accommoda purchased for extraordinary purposes. tion. 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 extraordinary purposes, or any part thereof, in such manner, such 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. from inca pacitated persons. XIV. The promoters of the undertaking shall not, by virtue Restraint on of the power to purchase land for extraordinary purposes, purchase 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 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. without the XV. Nothing in this or the special Act contained shall Municipal enable any municipal corporation (i) to sell for the purposes of corporations the special Act, without the approbation of the commissioners not to sell of Her Majesty's treasury of the United Kingdom of Great approbation Britain and Ireland, or any three of them, any lands which of the they could not have sold without such approbation before the treasury. passing of the special Act, other than such lands as the company are by the powers of this or the special Act empowered to purchase or take compulsorily. (i) See 5 & G W. 4, c. 76, ss. 04, 96, as to alienation by municipal corporations; and 23 & 24 Vict. c. Purchase of And with respect to the purchase and taking of lands other. lands otherwise than by agreement (k), be it enacted as follows: wise than by agreement. subscribed before compulsory powers of purchase put in force. XVI. Where the undertaking is intended to be carried into Capital to be 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 expenses 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. A certificate tices to be XVII. A certificate under the hands of two justices, certifyof two jus- 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. evidence that the capital has been subscribed. Notice of take lands. XVIII. When the promoters of the undertaking shall reintention to quire to purchase or take any of the lands which by this or the special Act, or any Act incorporated therewith, they are 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 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 notices on owners and XIX. All notices required to be served by the promoters of the undertaking upon the parties interested in or entitled to occupiers of 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 lands. (k) See as to how far s. 68 is included among the provisions under this division of the Act, Broad bent v. Imperial Gas Company, 26 L. J. (N. S.) Ch. 277. 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. corporation XX. 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. case of dis after men tioned. XXI. If for twenty-one days after the service of such notice If parties fail any such party shall fail to state the particulars of his claim to treat or in in respect of any such land, or to treat with the promoters of pute, questhe undertaking in respect thereof (1), or if such party and the tion to be promoters of the undertaking shall not agree as to the amount settled as of the compensation to be paid by the promoters of 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 shall be settled in the manner hereinafter provided for settling cases of disputed compensation. to compensa XXII. If no agreement be come to between the promoters Disputes as of the undertaking and the owners of or parties by this Act tion where enabled to sell and convey or release any lands taken or re- the amount quired for or injuriously affected by the execution of the claimed does undertaking, or any interest in such lands, as to the value of 50%, to be such lands or of any interest therein, or as to the compensa- settled by tion to be made in respect thereof, and if in any such case the two justices. (1) See s. 153 of 18 & 19 Vict. c. 126, as to notice by metropolitan board before applying for consent of secretary of state to take lands compulsorily. As to second notice, Stamps v. Birmingham and Stour Valley Railway Company, 17 L. J. (N. S.) Ch. 431. A notice cannot be withdrawn or revoked; R. v. Commissioners of Manchester, 4 B. & Ad. 332, n.; Tawney v. Lynn and Ely Railway Company, 16 L. J. (N. S.) Ch. 282; but a notice to take part of premises where the claimant under s. 92 insists on the whole being taken, may be withdrawn; King v. Wycombe Railway Company, 29 L. J. (N. S.) Ch. 463; and so also a notice by a department of the executive govern- not exceed |