extent as such wives, wards, lunatics and idiots respec- Purchase of tively could have exercised the same power under the lands by authority of this or the special act if they had respectively agreebeen under no disability, and as to such trustees, execu- ment. tors, 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 authority of this and the special act if they had respectively been under no disability.

8. The power hereinafter given to enfranchise copyhold Parties lands, as well as every other power required to be exer- under discised by the lord of any manor pursuant to the provisions ability emof this or the special act, or any act incorporated therewith, powered to enfranchise and the power to release lands from any rent, charge, or incumbrance, and to agree for the apportionment of any such rent, charge, or incumbrance, shall extend to and lands from may lawfully be exercised by every party herein before enabled to sell and convey or release lands to the pro- &c. moters of the undertaking.

copyholds,

release

rent charge

under dis

ability to be ascertained by valua

tion.

9. The purchase money or compensation to be paid for Amount of any lands to be purchased or taken from any party under compensaany disability or incapacity, and not having power to sell tion in case or convey such lands except under the provisions of this of parties or the special act, and the compensation to be paid for any permanent damage or injury to any such lands, shall not, except where 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 Purchase thereof; and all such purchase money or compensation money to shall be deposited in the bank for the benefit of the parties be paid into interested, in manner hereinafter mentioned.

the bank.

10. It shall be lawful for any person seised in fee of, or Vendors entitled to dispose of absolutely for his own benefit, any absolutely lands authorized to be purchased for the purposes of the entitled special act to sell and convey such lands or any part may sell thereof unto the promoters of the undertaking, in consideration of an annual rent-charge payable by the pro

lands on

chief rents.

Chief rents

to be

tolls.

moters 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.

11. The yearly rents reserved by any such conveyance shall be charged on the tolls or rates, if any, payable under charged on 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 If unpaid become payable, and if at any time any such rents be not may be re- paid within thirty days after they so become payable, and covered by 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 or levied by action of debt in any of the 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.

action of

debt,

distress.

Lands required for additional

accommo

dation may

be pur

chased.

Promoters may sell

chase other

12. In case the promoters of the undertaking shall be empowered by the special act to purchase lands for extraordinary purposes, it shall be lawful for all parties who, under the provisions hereinbefore contained, would be enabled to sell and convey lands, to sell and convey the lands so authorized to be purchased for extraordinary purposes.

13. It shall be lawful for the promoters of the undertaking to sell the lands which they shall have so acquired such lands, for extraordinary purposes, or any part thereof, in such and purmanner, 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.

lands for the like

purposes.

Promoters

land from

14. The promoters of the undertaking shall not, by not to pur- virtue of the power to purchase land for extraordinary chase more purposes, purchase more than the prescribed quantity from than the any party under legal disability, or who would not be able prescribed to sell and convey such lands except under the powers of quantity 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.

parties under dis

ability.

Municipal

15. Nothing in this or the special act contained shall enable any municipal corporation to sell for the purposes tions not to of the special act, without the approbation of the commis

corpora

appro

ap

sioners of her Majesty's Treasury of the United Kingdom sell withof Great Britain and Ireland, or any three of them, any out the lands which they could not have sold without such probation bation before the passing of the special act, other than such of the trealands as the company are by the powers of this or the sury. special act empowered to purchase or take compulsorily. And with respect to the purchase and taking of lands Purchase otherwise than by agreement, be it enacted as follows:

of lands otherwise than by

agree

ment.

Capital to

16. 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 or estimated sum for defraying the expenses of the undertaking shall be subscribed under contract binding the parties thereto, their heirs, executors, and administrators, be subfor the payment of the several sums by them respectively scribed besubscribed, before it shall be lawful to put in force any of fore comthe powers of this or the special act, or any act incorpo- pulsory rated therewith, in relation to the compulsory taking of powers put land for the purposes of the undertaking.

in force.

17. A certificate under the hands of two justices, certi- Certificate fying that the whole of the prescribed sum has been sub- of justices scribed, shall be sufficient evidence thereof, and on the evidence application of the promoters of the undertaking, and the that capital production of such evidence as such justices think proper subscribed.

and sufficient, such justices shall grant such certificate ac

cordingly.

has been

parties in

18. When the promoters of the undertaking shall re- Promoters quire to purchase or take any of the lands which by this to give noor the special act, or any act incorporated therewith, they tice of their are authorized to purchase or take, they shall give notice intention to thereof to all the parties interested in such lands, or to the take lands parties enabled by this act to sell and convey or release to all the the same, or such of the said parties as shall, after diligent terested. 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 Notice to such notice shall state the particulars of the lands so re- state partiquired, and that the promoters of the undertaking are culars of willing to treat for the purchase thereof, and as to the compensation to be made to all parties for the damage that required. may be sustained by them by reason of the execution of

the works.

the lands

19. All notices required to be served by the promoters Notices to, of the undertaking upon the parties interested in or entitled to be served to sell any such lands shall either be served personally on personally such parties or left at their last usual place of abode, if any or left at such can after diligent inquiry be found, and in case any their places such parties shall be absent from the United Kingdom, or

of abode.

cannot be found after diligent inquiry, shall also be left Occupiers. with the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of

Notices to corpora

such lands.

20. If any such party be a corporation aggregate such notice shall be left at the principal office of business of such tions to be corporation, or if no such office can after diligent inquiry left at their be found, shall be served on some principal member, if any, principal of such corporation, and such notice shall also be left with office. the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands. If parties 21. If, for twenty-one days after the service of such fail to treat, notice, any such party shall fail to state the particulars of or disagree his claim in respect of any such land, or to treat with the as to com. promoters of the undertaking in respect thereof, or if such pensation, party and the promoters of the undertaking shall not agree to be settled as to the amount of the compensation to be paid by the promoters of the undertaking for the interest in such lands hereinafter belonging to such party, or which he is by this or the provided. 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.

the amount

in manner

Disputes as 22. If no agreement be come to between the promoters to compen- of the undertaking and the owners of or parties by this sation not act enabled to sell and convey or release any lands taken exceeding or required for or injuriously affected by the execution of 50l. to be 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, and if in any such case the compensation claimed shall not exceed fifty pounds, the same shall be settled by two justices.

settled by two justices.

Compensation ex

23. If the compensation claimed or offered in any such case shall exceed fifty pounds, and if the party claiming ceeding 50%. compensation desire to have the same settled by arbitramay be set- tion, and signify such desire by notice in writing to the tled by arbi- promoters of the undertaking, before they have issued

tration if

desired by the party claiming,

their warrant to the sheriff to summon a jury in respect of such lands, under the provisions hereinafter contained, stating in such notice the nature of the interest in respect of which such party claims compensation, and the amount of the compensation so claimed, the same shall be so settled accordingly; but unless the party claiming compensation shall as aforesaid signify his desire to have the question of such compensation settled by arbitration, or if when the matter shall have been referred to arbitration the arbitrators or their umpire shall for three months have failed to make their or his award, or if no final award shall be made,

the question of such compensation shall be settled by the verdict of a jury, as hereinafter provided.

24. It shall be lawful for any justice, upon the applica- In question of either party with respect to any question of dis- tions of disputed compensation by this or the special act, or any act puted comincorporated therewith, authorized to be settled by two pensation justices, to summon the other party to appear before two justices justices, at a time and place to be named in the summons, may issue and upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons, appearance it shall be lawful for such justices to hear and determine or proof of such question, and for that purpose to examine such service departies or any of them, and their witnesses, upon oath, and termine. the costs of every such inquiry shall be in the discretion of such justices, and they shall settle the amount thereof.

summons, and upon

arbitrator.

25. When any question of disputed compensation by In questhis or the special act, or any act incorporated therewith, tions of disauthorized or required to be settled by arbitration, shall puted com have arisen, then, unless both parties shall concur in the pensationto appointment of a single arbitrator, each party, on the be settled request of the other party, shall nominate and appoint an by arbitraarbitrator, to whom such dispute shall be referred; and tion, each every appointment of an arbitrator shall be made on the party to appoint an part of the promoters of the undertaking under the hands of the said promoters or any two of them, or of their secretary or clerk, and on the part of any other party under the hand of such party, or if such party be a corporation aggregate under the common seal of such corporation; and such appointment shall be delivered to the arbitrator, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made; and Appointafter any such appointment shall have been made neither ment not to party shall have power to revoke the same without the be revoked consent of the other, nor shall the death of either party operate as a revocation; and if for the space of fourteen consent. days after any such dispute shall have arisen, and after a request in writing, in which shall be stated the matter so required to be referred to arbitration, shall have been served by the one party on the other party to appoint an On failure arbitrator, such last-mentioned party fail to appoint such of one arbitrator, then upon such failure the party making the party, the request, and having himself appointed an arbitrator, may other may appoint such arbitrator to act on behalf of both parties, and appoint arsuch arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final.

without

bitrator to

act on behalf of both.

26. If, before the matters so referred shall be deter- If arbitrator mined, any arbitrator appointed by either party die, or die, &c.