Leases.

him, or otherwise injuriously affecting the same; and the Amount of such Compensation shall be determined by Two Justices, in case the Parties differ about the same; and upon Payment or Tender of the Amount of such Compensation all such Persons shall respectively deliver up to the Promoters of the Undertaking, or to the Person appointed by them to take possession thereof, any such Lands in their Possession required for the Purposes of the special Act. CXXII. If any Party, having a greater Interest than as Tenant Where greater at Will, claim Compensation in respect of any unexpired Term or Interest claimed Interest under any Lease or Grant of any such Lands, the Pro- than from Year moters of the Undertaking may require such Party to produce the Lease or Grant in respect of which such Claim shall be made, 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.

to Year, Lease to be produced.

CXXIII. And be it enacted, That the Powers of the Promoters Limit of Time of the Undertaking for the compulsory Purchase or taking of Lands for compulsory for the Purposes of the special Act shall not be exercised after the Purchase. Expiration of the 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 Interests omitted been omitted to be purchased, be it enacted as follows:

to be purchased.

ered to purchase

CXXIV. If, at any Time after the Promoters of the Under- Promoters of taking shall have entered upon any Lands which under the Pro- the Undervisions of this or the special Act, or any Act incorporated therewith, taking empow they were authorized to purchase, and which shall be permanently Interests in required for the Purposes of the special Act, any Party shall appear Lands the Pur to be Mistake or Inadvertence have failed or omitted duly to purchase omitted by such Lands which the Promoters of the Undertaking shall through may have been or to pay Compensation for, then, whether the Period allowed for Mistake. the Purchase of Lands shall have expired or not, the Promoters of the Undertaking shall remain in the 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; awarded and paid in like Manner as according to the Provisions

and such Purchase Money

or

Compensation shall be agreed on or

of

Interests omitted of this Act the same respectively would have been agreed on or to be purchased. 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.

How Value of such Lands to be estimated.

Promoters of the Undertaking to pay the Costs of Litigation as to such Lands.

Sale of superfluous Land.

Lands not wanted to be sold, or in default to vest in Owners of adjoining Lands.

Lands to be offered to

Owner of Lands from which they

were originally taken or to adjoining Owners.

CXXV. In estimating the Compensation to be given for any 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.

CXXVI. In addition to the said Purchase Money, Compensation, or Satisfaction, and before the Promoters of the Undertaking shall become absolutely entitled to any such Estate, Interest, or Charge, or to have the same merged or extinguished for their 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 Expences 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 Expences shall, in case the same shall be disputed, be settled by the proper Officer of the Court in which such Litigation took place.

And with respect to Lands acquired by the Promoters of the Undertaking under the Provisions of 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:

CXXVII. Within the prescribed Period, or if no Period be prescribed within Ten Years after the Expiration of the Time limited by the special Act for the Completion of the Works, the Promoters of the Undertaking shall absolutely sell and dispose of all such superfluous Lands, and apply the Purchase Money 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.

CXXVIII. Before the Promoters of the Undertaking dispose of any such superfluous Lands they shall, unless such Lands be situate within a Town, or be Lands built upon or used for Building purposes, first 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

8

entitled

entitled to such Right of Pre-emption 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.

CXXIX. If any such Persons be desirous of purchasing such Lands, then within Six Weeks after such Offer of Sale they shall signify their Desire in that Behalf 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.

Sule of super

fluous Lands.

Right of Preemption to be claimed within

Six Weeks.

settled by Arbitration.

CXXX. If any Person entitled to such Pre-emption be desirous Differences as of purchasing any such Lands, and such Person and the Promoters to Price to be of the Undertaking do not agree as to the Price thereof, then Kuch Price shall be ascertained by Arbitration, and the Costs of such Arbitration shall be in the Discretion of the Arbitrators.

CXXXI. Upon Payment or Tender to the Promoters of the Lands to be Undertaking of the Purchase Money so agreed upon or determined conveyed to as aforesaid they shall convey such Lands to the Purchasers the Purchasers. thereof by Deed 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 Anthority of the Body; and a Deed so executed shall be effectual Lands for the Estate which shall so have been purchased by him; to vest the Lands comprised therein in the Purchaser of such 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.

grant" in Conveyances.

Promoters of the Undertaking under this or the special Act the Word" CXXXII. In every Conveyance of Lands to be made by the Effect of the Word "grant" shall operate as express Covenants by the Pro-1 moters of the Undertaking, 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 restrained or limited by express Words contained in any such

as

follows, except so far as the same shall

Conveyance; (that is to say,)

A Covenant that, notwithstanding any Act or Default done by the Promoters of the Undertaking, they were at the Time of the Execution of such Conveyance seised or possessed of the

8 & 9 VICT.

N

Lands

Sale of superfluous Lands.

Land Tax and

Poor's Rate to be made good.

Service of Notices upon Company.

Tender of
Amends.

Lands or Premises thereby granted for an indefeasible Estate of Inheritance in Fee Simple, free from all Incumbrances done or occasioned by them, or otherwise for such Estate or Interest as therein expressed to be thereby granted, free from Incumbrances done or occasioned by them:

A Covenant that the Grantee of such Lands, his Heirs, Succes sors, Executors, Administrators, and Assigns, (as the Case may be,) shall quietly enjoy the same against the Promoters of the Undertaking, and their Successors, and all other Per sons claiming under them, and be indemnified and saved harmless by the Promoters of the Undertaking and their Successors from all Incumbrances created by the Promoters of the Undertaking:

A Covenant for further Assurance of such Lands, at the Expence of such Grantee, his Heirs, Successors, Executors, Adminis trators, or Assigns, (as the Case may be,) by the Promoters of the Undertaking, or their Successors, and all other Persons claiming under them:

And all such Grantees, and their several Successors, Heirs, Execu tors, Administrators, and Assigns respectively, according to their respective Quality or Nature, and the Estate or Interest in such Conveyance expressed to be conveyed, may in all Actions brought by them assign Breaches of Covenants, as they might do if such Covenants were expressly inserted in such Conveyances.

CXXXIII. And be it enacted, That if the Promoters of the Undertaking become possessed by virtue of this or the special Act, or any Act incorporated therewith, of any Lands charged with the Land Tax, or liable to be assessed to the Poor's Rate, they shall from Time to Time, until the Works shall be completed and assessed to such Land Tax or Poor's Rate, be liable to make good the Deficiency in the several Assessments for Land Tax and Poor's Rate by reason of such Lands having been taken or used for the Purposes of the Works, and such Deficiency shall be computed according to the Rental at which such Lands, with any Building thereon, were valued or rated at the Time of the passing of the special Act; and on demand of such Deficiency the Promoters of the Undertaking, or their Treasurer, shall pay all such Deficiencies to the Collector of the said Assessments respectively; neverthe less, if at any Time the Promoters of the Undertaking think fit to redeem such Land Tax, they may do so in accordance with the Powers in that Behalf given by the Acts for the Redemption of the Land Tax.

CXXXIV. And be it enacted, That any Summons or Notice, or any Writ or other Proceeding at Law or in Equity, requiring to be served upon the Promoters of the Undertaking, may be served by the same being left at or transmitted through the Post directed to the principal Office of the Promoters of the Undertaking, or One of the principal Offices where there shall be more than One, or being given or transmitted through the Post directed to the Secre tary, or in case there be no Secretary the Solicitor of the said

Promoters.

CXXXV. And be it enacted, That if any Party shall have committed any Irregularity, Trespass, or other wrongful Proceeding in the Execution of this or the special Act, or any Act incor

13

porated

porated therewith, or by virtue of any Power or Authority thereby given, and if, before Action brought in respect thereof, such Party make Tender of sufficient Amends to the Party injured, such lastmentioned Party shall not recover in any such Action; and if no such Tender shall have been made it shall be lawful for the Defendant, by Leave of the Court where such Action shall be pending, Time before Issue joined, to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court.

at any

And with respect to the Recovery of Forfeitures, Penalties, and Costs, be it enacted as follows:

Sale of superfluous Lands.

Recovery of

Penalties.

CXXXVI. Every Penalty or Forfeiture imposed by this or the Penalties to be special Act, or by any Bye Law made in pursuance thereof, the summarily reRecovery of which is not otherwise provided for, may be recovered covered before by summary Proceeding before Two Justices; and on Complaint Two Justices. being made to any Justice he shall issue a Summons requiring the Party complained against to appear before Two Justices at a Time and Place to be named in such Summons; and every such Summons shall be served on the Party offending either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence, after Proof of the due Service of such Summons, it shall be lawful for any Two Justices to proceed to the hearing of the Complaint, and that although no Information in Writing or in Print shall have been exhibited before them; and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the

Offender, and upon such Conviction to adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Costs attending the Conviction as such Justices shall think fit.

CXXXVII. If, forthwith upon any such Adjudication as afore- Penalties to be said, the Amount of the Penalty or Forfeiture, and of such Costs levied by Disshall be levied by Distress, and such Justices or either of them as aforesaid, be not paid, the Amount of such Penalty and Costs tress.

shall issue their or his Warrant of Distress accordingly.

the same;

and

CXXXVIII. Where in this or the special Act, or any Act in- Distress how to corporated therewith, any Sum of Money, whether in the Nature be levied. of Penalty, Costs, or otherwise, is directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money and the Expences of the Distress and Sale, shall be returned, on demand, to the Party whose Goods shall have been distrained.

Penalties.

feiture shall be imposed may, where the Application thereof is not CXXXIX. The Justices by whom any such Penalty or For- Application of the Informer, and shall award the Remainder to the Overseers of otherwise provided for, award not more than One Half thereof to the Poor of the Parish in which the Offence shall have been comor if the Place wherein the Offence shall have been committed mitted to be applied in aid of the Poor's Rate of such Parish,

N 2

shall