XXII. [Commence as in an order of reference at Nisi Prius.] The Queen on the prosecution of A. B. and another reference of verdict of It is ordered by the court, by and with the Order of consent of the prosecutors and defendants, their indictment. counsel and solicitors, that the jurors be dis- Jurors disagainst C. D. and charged from giving a verdict [or "that a charged, or twelve others. verdict of guilty be entered against the defen- guilty subject dants"], subject to the award, order, arbitrament, final end, and to award. determination of X. Y., Esq., barrister-at-law [when a verdict of guilty has been entered, add, "who is hereby empowered to order the verdict of guilty to be set aside, and a verdict of not guilty to be entered instead thereof on behalf of all or any of the defendants, and"], to whom all matters in difference between the prosecutors and the defendants, or any or either of them, are hereby referred. [Continue as in Form XVIII.] And it is also ordered, that the costs of the Costs of proprosecution and defence, and of the reference and award, shall be in secution and the discretion of the said arbitrator, who, &c. [continue as in Form XVIII.]. defence. Monday, the [ ], A. D. [ J. Upon hearing Mr. [ Mr. [ ] day of [ ] of counsel for the plaintiff, and Submission by ] of counsel for the defendant, and by their consent, rule of court. it is ordered that all matters in difference "in this cause" [or "between the parties in this cause," as the case may be] be referred to the award, order, arbitrament, final end, and determination of X. Y., Esq., barrister-at-law; so as, &c. [as in Form No. I., clauses 4, 5, and 6]. And by the like consent, as aforesaid, it is further ordered, that the Costs. costs of the cause shall abide the event of the said award, and that the costs of the reference and of this rule shall be in the discretion of the said arbitrator. [Instead of this clause, any suitable variation of Form I., clauses 18, 29, or 30, may be adopted.] And that [here add such other clauses as are deemed advisable. See Form I.](ƒ). By the Court. (f) See P. I. ch. 3, s. 6, d. 2, p. 72, as to submissions by rule of court. Demand of arbitration for compensation under the Lands Clauses Consolidation Act. notice lands Amount of compensation offered. Dispute respecting amount. "[ Whereas I, A. B., of [ XXIV. ], received notice in writing from the ] Railway Company" [or the promoters of the public undertaking, naming them by their proper title], that they required for the purposes of their "railway" [or other public undertaking] the lands and tenements specified in the said notice, comprising the lands and tenements specified in the underwritten schedule, and that they were willing to treat for the purchase of the same, and that they intended to take the same pursuant to the powers given them by certain Acts of Parliament (g). And whereas the said "company" [or "promoters"] have offered me the sum of £ [ ], and no more, as the purchasemoney and compensation for my interest in the lands and tenements so intended to be taken, and for the damage that may be sustained by me by reason of the execution of the works connected with the said "railway" [or other public undertaking]. And whereas I am not satisfied with that amount, and do not agree to receive and accept the same as sufficient compensation, and a dispute has arisen between me and the said "railway company" [or other promoters] respecting the same. [Iƒ no sum have been offered by the promoters, leave out the above paragraph, and say, "and whereas a dispute has arisen between me and the said 'railway company' (or other promoters) respecting the amount of purchase-money and compensation to be paid me for my interest in the said lands and tenements, and for the damage that will be sustained by me by reason of the execution of the works connected with the said 'railway' (or other undertaking)"]. And whereas the said "company" [or "promoters"] have not yet issued their warrant to the sheriff to summon a jury in respect of such lands:-I hereby state that I am interested in the lands and tenements set out and described in the first division of the said schedule as tenant in fee simple, and in the lands and tenements set out and described in the second division of the said schedule as tenant for years of the same, under a lease from H. K., of ], for fourteen years from "Michaelmas Day, A.D. 1881" [or as the case may be, taking care to show the interest and the length of the term unexpired]. And I claim in respect of such my interest in the said compensation lands and tenements the sum of £ [a sum exceeding fifty pounds], as purchase-money and compensation; regard being to be had not only to the value of the lands and tenements so intended to be taken, but also to the damage which I shall sustain by reason of the severing of the lands and tenements intended to be taken from my other lands and tenements, or otherwise injuriously affecting such other lands and tenements by the exercise of the powers of the acts above referred to, or of any acts incorporated therewith. And I hereby give notice to the said "company" [or "promoters"] that I desire to have the amount of such compensation settled by arbitration, pursuant to the provisions of the Statement of interest in the lands. Amount of claimed. Demand of arbitration. [ (g) See P. I. ch. 3, s. 7, d. 5, p. 98, as to submissions under the Lands Clauses Consolidation Act, 1845. Lands Clauses Consolidation Act, 1845.* And I request the said Requesting promoters to "company" [or "promoters"] to concur with me in the appointment appoint an of a single arbitrator, and failing such concurrence, to nominate and arbitrator. appoint an arbitrator on their part, to whom, together with an arbitrator to be appointed and nominated by me, the dispute respecting the amount of such compensation shall be referred. [Instead of the concluding words of this form, after the* there often follows an appointment of an arbitrator by the landowner. It may be in these words: "And I do hereby appoint A. B. of ( ), to be the arbitrator on Appointment of arbitrator. my part to settle and determine the amount of the purchase-money and compensation to be paid to me by the said company' (or 'promoters') in respect of my said interest in the aforesaid lands and tenements so intended to be taken, and I request the said 'company' (or promoters') to nominate and appoint an arbitrator on their part"] (h). ]. The [ To "the [ ] day of [ ], A.D. [ Railway Company" [or A. B. the promoters of, &c., as the case may be]. Schedule [here specifically describe the lands]. XXV. ), arbitration respecting compensation for premises injured by making a railway, &c. (i) Whereas I, A. B., am "the owner in fee of a certain messuage Demand of and premises, called [ ], with the appurtenances" [or "possessed of a certain farm and premises, with the appurtenances, called ( for the residue yet unexpired of a term of fourteen years, from Michaelmas, 1881”], [or otherwise describe the particular premises and the interest of the party], situate at [ ], in the parish of [ in the county of [ ]. And whereas my said lands and premises have been injuriously affected by the execution of the works of the [here state the name of the railway or other public undertaking] in the manner following, that is to say [here state shortly the nature of the injury]. And whereas I am entitled to compensation in respect of such injury. And whereas you [the railway company or the promoters] have not made me satisfaction for the same:-I hereby give you notice, that I claim the sum of £ [a sum exceeding fifty pounds], as compensation for the aforesaid injury; and that unless, within twenty-one days after the receipt of this notice, you pay the said amount, or enter into a written agreement to pay the same, I desire to have the amount of such compensation settled by arbitration, and request you to concur with me in the appointment of a single arbitrator, or to appoint an (h) Before appointing an arbitrator and calling on the promoters also to appoint one, an attempt should be made to agree on a single arbitrator: Yates v. Mayor of Blackburn, 29 L. J. (i) See 8 & 9 Vict. c. 18, s. 68. arbitrator on your part, to whom, together with an arbitrator to be The [ To [the [ ]. ] railway company or other promoters]. A. B. Appointment of arbitrator XXVI. Whereas, under the provisions of the North Staffordshire Railway (Pottery line) Act, 1846, and the North Staffordshire Railway (Churnet Lands Clauses Valley line) Act, 1876, and of certain other acts incorporated there under the Consolidation Act. Recital: notice lands required. offered, refused. Demand of arbitration. with, the North Staffordshire Railway Company are entitled to take, and have given due notice in writing to Messrs. J. H., S. B., and J. G., of [ ], in the county of Stafford, coalmasters, that they require for the purpose of the railway part of a certain wharf, land and tenements, situate in the parish of Stoke-upon-Trent, in the said county; in which the said Messrs. J. H., S. B., and J. G. are interested [state the interest]: which said land and tenements are specifically described in the said notice, and also in the "underwritten" [or "annexed"] Compensation schedule; and whereas the said company have offered to the said Messrs. J. H., S. B., and J. G., the sum of £ [ ], as compensation in respect of the said land and tenements; and whereas the said Messrs. J. H., S. B., and J. G. are not satisfied therewith, and have required that the amount of such compensation should be determined by arbitration (k); now these presents witness, that "the said North Staffordshire Railway Company" [or "the said Messrs. J. H., S. B., and J. G."], pursuant to the provisions of the said recited acts, and of the Lands Clauses Consolidation Act, 1845, and of the other acts incorporated with the said recited acts, do hereby appoint " G. M‘D. of [ ], in the said county, mining agent" [or "J. H. B., of ( ), in the said county, surveyor"], to be an arbitrator to settle and determine the amount of purchase-money and compensation to be paid by the said North Staffordshire Railway Company to the said Messrs. J. H., S. B., and J. G., in respect of their interest in the said land and tenements so intended to be taken as aforesaid, and for the damage that may be sustained by them by reason of the execution of the works of the said railway; regard being had by the said arbitrator not only to the value of the land and tenements so intended to be taken, but also to the damage, if any, to be sustained by the said Messrs. J. H., S. B., and J. G., by reason of the severing of the land and tenements so intended to be taken from the other lands and tenements of the said Appointment of arbitrator. Subjectmatter of reference. (k) See P. 1, ch. 3, s. 7, d. 5, p. 98, as to submissions under the Lands Clauses Consolidation Act, 1845. Messrs. J. H., S. B., and J. G., or otherwise injuriously affecting such other lands and tenements by the exercise of the powers of any of the said acts. of arbitrator by a railway under the In pursuance of the provisions of the East and West India Docks Appointment and Birmingham Junction Railway Act, 1846, and of the Lands Clauses Consolidation Act, 1845, incorporated therewith, the East and company West India Docks and Birmingham Junction Railway Company do, by Lands Clauses this writing under the hand of their secretary, nominate and appoint Consolidation E. F., of [ ], land surveyor, to be the arbitrator on their behalf Act. in a question of disputed compensation, to be made by the said company to J. L., of [ ], in the county of Middlesex, for his interest [here state the interest thus, "as tenant in fee simple in possession;" or as tenant under a lease for seven years to expire at Michaelmas, 1890;" or as the case may be], in the lands and hereditaments specified in the schedule hereunder written (which are required to be purchased by the said company), and for the damage to be sustained by the said J. L. in the execution of the works of the said railway. 66 A piece or parcel of land as now staked and set out for the purposes of the before-mentioned railway; together with all houses, buildings, timber and other trees, hedges, fences, ways, rights, members, and appurtenances thereto belonging, situate and being in the parish of St. John, South Hackney, in the county of Middlesex; and containing by admeasurement one acre, two roods, and nineteen perches, or thereabouts, be the same a little more or less; being part of several closes or parcels of land and hereditaments comprised in the plan of the said railway, deposited with the clerk of the peace for the county of Middlesex, and referred to by the before-mentioned act of parliament, and |