Purchase of Lands by Agreement. Power to pur chase Lands by Agreement. Parties under Disability enabled to sell and convey. Parties under exercise other Powers. And with respect to the Purchase of Lands by Agreement, be it enacted as follows: VI. Subject to the Provisions of this and the special Act, it shall be lawful for the Promoters of the Undertaking to agree with the Owners of any Lands by the special "Act authorized to be taken, and which shall be required for the Purposes of such Act, and with all Parties having any Right or Interest in such Lands, or by this or the special Act enabled to sell and convey the same, for the absolute Purchase of any such Lands, or such Parts thereof as they shall think proper, and for the Purchase of all Rights and Interests in such Lands of what Kind soever. VII. It shall be lawful for all Parties being possessed of any Lands, or any such Right or Interest therein, to contract for, sell, convey, and dispose of such Lands, or of such Right therein, to the Promoters of the Undertaking, and to enter into all necessary Agreements for these Purposes, and particularly it shall be lawful for the Parties following so to do; (that is to say,) all Corporations, Heirs of Entail, Life-renters or Persons holding any other partial or qualified Estate or Interest, married Women seised in their own Right or entitled to Terce or Dower, or any other Right or Interest, Husbands, Tutors, Curators, and other Guardians for Infants, Minors, Lunatics or Idiots, fatuous or furious Persons, or for Persons under any other Disability or Incapacity, Judicial Factors, Trustees or Feoffees in trust for charitable or other Purposes, Executors, and Administrators; and the Power so to contract for, sell, convey, and dispose of as aforesaid may lawfully be exercised by all such Parties, not only on behalf of themselves and their respective Heirs, Executors, Administrators, and Suecessors, but also for and on behalf of every Person entitled in reversion or expectancy after them, and as to such married Women as if they were sole, and as to such Tutors, Curators, Guardians, Judicial Factors, and Trustees, on behalf of those for whom they respectively act, whether Infants, Minors, Issue unborn, Bankrupts, Lunatics, Idiots, fatuous and furious Persons, married Women, or other incapacitated Persons, and that to the same Extent as such Infants, Minors, Bankrupts, Lunatics, Idiots, fatuous and furious Persons, married Women, and other incapaci tated Persons respectively could have exercised the same Power under the Authority of this and the special Act if they had respec tively been under no Disability. VIII. The Power herein-after given to discharge any Lands Disability may from Feu Duties or Casualties of Superiority, as well as every other Power required to be exercised by any Superior pursuant to the Provisions of this or the special Act, or any Act incorporated therewith, and the Power to discharge Lands from any Rent, Payment, Charge, Feu Duties, Ground Annuals, or other real Burdens or Incumbrances, and to agree for the Apportionment of any such Rent, Payment, Charge, Feu Duties, Ground Annuals, or other real Burdens and Incumbrances, shall extend to and may lawfully be exercised by every Party herein-before enabled to contract for, sell, dispose of, or convey Lands or Rights or Interests therein to the Company. Amount of IX. The Purchase Money or Compensation to be paid for any Compensation, Lands, or any Rights or Interests therein, to be purchased or in case of Parties taken Valuation, and taken from any Party under any Disability or Incapacity, and not under Dishaving Power to sell or convey such Lands, or Rights or Interests ability, to be therein, except under the Provisions of this or the special Act, and ascertained by the Compensation to be paid for any permanent Damage or Injury paid into the to any such Lands, shall not, except where the same shall have Bank.· been determined by the Sheriff, or by the Verdict of a Jury, or by Arbitration, or by the Valuation of a Valuator appointed by the Sheriff under the Provision herein-after contained, be less than shall be determined by the Valuation of Two able practical Valuators, one of whom shall be nominated by the Promoters of the Undertaking, and the other by the other Party, and if such Two Valuators cannot agree in the Valuation then by such Third Valuator as the Sheriff shall, upon Application of either Party, after Notice to the other Party, for that Purpose nominate; and each of such Two Valuators, if they agree, or if not, then the Valuator nominated by the said Sheriff, 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 herein-after mentioned. X. It shall be lawful for all Parties entitled to dispose of abso- Where Vendor lutely any Lands authorized to be purchased for the Purposes of absolutely enthe special Act to convey such Lands or any Part thereof unto the titled, Lands Promoters of the Undertaking in consideration of an annual Feu may be sold on Duty or Ground Annual payable by the Promoters of the Under taking. Feu Duties,&c.; Tolls. XI. The Feu Duties or Ground Annuals stipulated by any such Payment of Conveyance shall be charged on the Tolls or Rates, if any, payable which to be under the special Act, and shall be otherwise secured in such charged on Manner as shall be agreed between the Parties, and shall be paid by the Promoters of the Undertaking as such Feu Duties or Ground Annuals become payable; and if at any Time the same be not paid within Thirty Days after they so become payable, and after Demand thereof in Writing, the Person to whom any such Feu Duties or Ground Annuals shall be payable may either recover the same from the Promoters of the Undertaking, with Expences of Suit, by Action in any competent Court, or it shall be lawful for him to levy the same by Poinding and Sale of the Goods and Effects of the Promoters of the Undertaking. additional Accommodation. be em- Power to purpowered by the special Act to purchase Lands for extraordinary chase Lands Purposes, it shall be lawful for all Parties who, under the Pro- required for visions herein-before contained, would be enabled to sell, feu, and convey Lands, to sell, feu, and convey the Lands so authorized to sell the Lands which they shall have so acquired for extra- and repurchase XIII. It shall be lawful for the Promoters of the Undertaking Authority to sell such Considerations and to such Persons as the Promoters of the Undertaking may or any Part thereof, in such Manner and for such Lands. think fit, and again to purchase other Lands for the like Purposes, and afterwards sell the same, and so from one Time by the Promoters of the Undertaking for the Purposes Time to Time, but the total Quantity of Land to be held at any aforesaid shall not exceed the prescribed Quantity. XIV. The Restraint on Purchase from incapacitated Persons. Capital to be susbcribed be fore compulsory Powers of Purchase put in force. Certificate of Sheriff Evi. dence that Capital has been subscribed. Purchase of Lands otherwise than by Agreement. Notice of Intention to take Lands. Service of XIV. The Promoters of the Undertaking shall not, by virtue of the Power to purchase Land for extraordinary Purposes, purchase or acquire more than the prescribed Quantity from any Party under legal Disability, or who would not be able to sell or convey such Lands, except under the Powers of this and the special Act; and if the Promoters of the Undertaking purchase or acquire the said Quantity of Land from any Party under such legal Disability, and afterwards sell or dispose of the whole or any Part of the Land so purchased, it shall not be lawful for any Party, being under legal Disability, to sell or convey to the Promoters of the Undertaking any other Lands in lieu of the Land so sold or disposed of by them. XV. Where the Undertaking is intended to be carried into effect by means of a Capital to be subscribed by the Promoters of the Undertaking, the whole of the Capital of the Company or estimated Sum for defraying the Expences 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. XVI. A Certificate, under the Hands of the Sheriff, certifying 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 Sheriff thinks proper and sufficient, such Sheriff shall grant such Certificate accordingly. And with respect to the Purchase and taking of Lands otherwise than by Agreement, be it enacted as follows: XVII. When the Promoters of the Undertaking shall require to purchase 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 or the special Act to sell and convey the same, or their Rights and Interests therein, or such of the said Parties as shall, after diligent Inquiry, be known to the Promoters of the Undertaking, and by suck Notice shall demand from such Parties the Particulars of their 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. XVIII. All Notices required to be served by the Promoters of the Undertaking upon the Parties interested in or entitled to 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 be found after diligent Inquiry, such Notices when the same are to be given to an Owner of Lands shall be served on the Factor or Agent, if any, of such Owner, Owner, and 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. : settled as after XIX. 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 in to treat, or in respect of any such Land, or to treat with the Promoters of the case of Dispute, Undertaking in respect thereof, or if such Party and the Promoters Question to be of the Undertaking shall not agree as to the Amount of the mentioned. 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 sustainsd by him by reason of the Execution of the Works, the Amount of such Compensation shall be settled in the Manner herein-after provided for settling Cases of disputed Compensation. to Arbitration. XX. If no Agreement be come to between the Promoters of Dispute as to the Undertaking and the Owners of or Parties by this or the Compensation special Act enabled to sell and convey any Lands taken or required may be referred for or injuriously affected by the Execution of the Undertaking, or any Interest in such Lands, as to the Value of such Lands, or of any Interest therein, or as to the Compensation to be made in respect thereof, it shall be lawful for the Parties to refer the same to Arbitration. XXI. If the Compensation claimed and disputed shall not exceed Settlement of Fifty Pounds, unless both Parties agree to refer such Compensa- Claim not extion to Arbitration, the same shall be settled by the Sheriff. ceeding 50%. settling Dis Compensation XXII. It shall be lawful for the Sheriff, upon the Application Method of proof either Party with respect to any such Question of disputed ceeding for Compensation, to issue an Order for the other Party to appear before such Sheriff, at a Time and Place to be named in the putes as to Order; and upon the Appearance of such Parties, or in the Ab- by Sheriff. shall be lawful for such Sheriff to hear and determine such Quessence of any of them upon Proof of due Service of the Order, it tion, and for that Purpose to examine such Parties or any of them, and their Witnesses, upon Oath, without written Pleadings or reducing the Evidence to Writing; and the Expences of every such Inquiry, excepting the remunerative Expences of the Sheriff, shall be in the Discretion of such Sheriff, and he shall settle the Amount thereof; and the Determination of the Sheriff upon such Question shall be final and conclusive, and not subject to Review or Appeal in any Form or Court whatever. they have 50l., it may be settled by Arbi XXIII. If the Compensation claimed or offered in any Case Where Comshall exceed Fifty Pounds, and if the Party claiming such Com- pensation pensation desire to have the same settled by Arbitration, and claimed exceeds signify such Desire to the Promoters of the Undertaking, before Jury in respect of such Lands, under the Provisions herein-after ant so desire. contained, by a Notice in Writing, stating in such Notice the Nature of the Interest in such Lands in respect of which he claims Compensation, and the Amount of the Compensation so claimed, and unless the Promoters of the Undertaking be willing to pay the the Receipt of any such Notice from any Party so entitled, the Amount of Compensation so claimed, and shall enter into a written Agreement for that Purpose, then, within Twenty-one Days after e presented their Petition to the Sheriff to summon a tration if Claim same Appointment of Arbiters when Questions are to be determined by Arbitration. Vacancy of Arbiter to be supplied. Appointment of Lord Ordinary empowered to appoint an Översman on same shall be settled by Arbitration in the Manner herein-after provided. XXIV. When any Question of disputed Compensation by this or the special Act, or any Act incorporated therewith, authorized or required to be settled by Arbitration, shall have arisen, then, unless both Parties shall concur in the Appointment of a single Arbiter, each Party, on the Request of the other Party, shall nominate and appoint an Arbiter, to whom such Dispute shall be referred; and every Appointment of an Arbiter shall be made on the Part of the Company under the Hand of the Secretary or any Two of the Directors of the Company, and on the Part of any other Party under the Hand of such Party, or if such Party be a Company or Corporation under the Hand of the proper Officer or Person authorized by such Company or Corporation, and such Appointment shall be delivered to the Arbiters and shall be deemed a Submission to Arbitration on the Part of the Party by whom the same shall be made; and after any such Appointment shall have been made neither Party shall have Power to revoke the same without the Consent of the other, nor shall the Death of either Party operate as such Revocation; and if for the Space of Fourteen Days after any such Dispute shall have arisen, and after a Request in Writing, in which shall be stated the Matters so required to be referred to Arbitration, shall have been served by the one Party on the other Party to appoint an Arbiter, such other Party fail to appoint an Arbiter, then upon such Failure the Party making the Request, and having himself appointed an Arbiter, may appoint such Arbiter to act on behalf of both Parties, and such Arbiter may proceed to hear and determine the Matters which shall be in dispute, and in such Case the Award or Determination of such single Arbiter shall be final. XXV. If, before the Matters so referred shall be determined, any Arbiter appointed by either Party die, or become incapable, the Party by whom such Arbiter was appointed may nominate and appoint in Writing some other Person to act in his Place, and if for the Space of Seven Days after Notice in Writing from the other Party for that Purpose he fail to do so, the remaining or other Arbiter may proceed ex parte; and every Arbiter so to be substituted as aforesaid shall have the same Powers and Authorities as were vested in the former Arbiter at the Time of such his Death or Disability as aforesaid. XXVI. Where more than One Arbiter shall have been appointed such Arbiters shall, before they enter upon the Matters referred to them, nominate and appoint, by Writing under their Hands, an Oversman to decide on any such Matters on which they shall differ, or which shall be referred to him under the Provisions of this or the special Act; and if such Oversman shall die, or become incapable to act, they shall forthwith after such Death or Incapacity appoint another Oversman in his Place; and the Decision of every such Oversman on the Matters on which the Arbiters shall differ shall be final. XXVII. If in either of the Cases aforesaid the said Arbiters shall refuse, or shall, for Seven Days after Request of either Party to such Arbitration, neglect to appoint an Oversman, it shall Neglect of the be lawful for the Lord Ordinary, on the Application of either Arbiters. Party |