« EelmineJätka »
deed-poll, in the manner provided in the case of a purchase of lands. (Id., s. 100, post, App. 141). The compensation to be paid to the commoners is determined by agreement, made between the company and a committee of commoners. (Id., s 101, post, App. 142). The members of such committee are not to exceed five in number, chosen by the commoners, at a meeting convened by the company, by public advertisement and notice. (Id., ss. 102, 103, post, App. 142). The committee may then agree with the company, as to compensation for the extinction of the commonable rights; and the committee receive the amount, and apportion it among the commoners. (Id., s. 104, post, App. 142). If the committee and the company cannot agree, the compensation is determined as in other cases of disputed compensation; (Id., 8. 105, post, App. 143); or, if no committee be appointed, then by a surveyor, to be appointed by two justices. (Id., s. 106, post, App. 143). Upon payment or deposit of the money agreed upon or determined for compensation, the company may execute a deed-poll, in the manner provided in the case of a purchase of lands, and thereupon the lands vest in the company, discharged from all commonable and other rights. (Id., s. 107, post, App. 143).
To relieve lands taken by the company from being en- Lands in mortcumbered by existing mortgages, the company are empowered to pay off all mortgages affecting lands, upon giving notice to the mortgagee, or paying six months' additional interest ; and the mortgagee must then convey his interest in the lands to the company. (Id., s. 108, post, App. 143). If the mortgagee fails to convey the lands, or to adduce a good title, the company may deposit the monies in the Bank, and execute a deed-poll in the manner provided in the case of a purchase of lands; and all the interest of the mortgagee thereupon vests in the company. (Id., s. 109, post, App. 144). If the mortgaged lands are of less value than the mortgage debt, a provision is made for ascertain.
ing the amount of compensation. (Id., 8. 110, post, App. 144). A provision is also made for completing the title of the company, without affecting the remedies possessed by the mortgagee, under the mortgage-deed, against the mortgagor. (Id., s. 111, post, App. 144). In like manner, a provision is made for ascertaining the compensation and completing the title of the company, where a part only of the mortgaged lands is taken, and the mortgagee does not consider the remaining part a sufficient security. (Id., ss. 112, 113, post, App. 145). If a mortgagee is compelled to accept the money secured by a mortgage at an earlier period than the time limited in the mortgage-deed, he is entitled to be paid the costs of re-investing the money, and also compensation for any loss he may sustain by the re-investment. (Id., s. 114, post, App. 146).
Where lands are subject to rent-charges, it is provided that differences respecting the consideration to be paid for releasing them from such charges, are to be determined as other cases of disputed compensation. (Id., s. 115, post, App. 146). If only a part of the lands charged be required, then such part may be released, by agreement between the owner of the lands and the party entitled to the rent-charge on the one part, and the company on the other part; otherwise by two justices: but if the remaining lands are a sufficient security, then, by consent, such remaining lands may be made subject to the whole charge. (Id., s. 116, post, App. 146). If the party entitled to the rentcharge fails to release it, or to make a good title, the company may deposit the compensation money in the Bank, and execute a deed-poll in the manner provided in the case of a purchase of lands; and thereupon the rent-charge becomes extinguished. (Id., s. 117, post, App. 147). If the lands released were subject to the charge, jointly with other lands, such other lands remain liable for the whole or the remainder of the charge, as the case may be; and the company may
affix their common seal to the instrument which created the charge, stating the facts; and such memorandum is made evidence. (Id., s. 118, post, App. 147).
If any lands are comprised in a lease for years unexpired, Apportionment and a part only of such lands is required by the company, the rent of the remaining portion is to be apportioned, by agreement, or by two justices; and after such apportionment, the lessee is liable only for the rent so apportioned. (Id., s. 119, post, App. 147).
The above-mentioned powers—to enfranchise copyhold lands,—to release lands from rent,--and to agree for the apportionment of rents, may be exercised by every party who is enabled to sell and convey lands by the 7th section of the statute already referred to (f). (Id., s. 8, post, App. 120).
Persons entitled to lands absolutely, may convey them in consideration of an annual rent-charge, (Id., s. 10, post, App. 120), secured on the tolls or rates payable to the company, and recoverable, when in arrear, by action or distress. (Id., s. 11, post, App. 121). The before-mentioned powers Lands taken for to sell and convey lands, given by sect. 7 of the statute, purposes. extend to lands which the company may be authorised to take for extraordinary purposes (g). (Id., s. 12, post, App. 121). And such lands may be sold by the company, and other lands in lieu thereof be purchased by them. (Id., s. 13, post, App. 121). But such subsequent purchases, cannot be made from persons, under a legal disability to sell and convey the same. (Id., s. 14, post, App. 121).
Municipal corporations may not, except in certain cases, Corporate lands. sell lands, unless with the consent of the Commissioners of her Majesty's Treasury. (Id., s. 15, post, App. 121). Nor Lands on the senmay the company construct any work on the sea-shore be- rivers, &c.
Ante, 147. (g) The special act limits the quantity of land which may be taken for extraordinary purposes. See ante,
104. And, as to the use which may be made of such lands, see 8 Vict. c. 20, s. 45, post, App. 171.
Lands lying over minerals.
low high-water mark, or on any navigable river, without the consent of the Commissioners of Woods and Forests, and the Lord High Admiral. If such works are constructed, contrary to the provisions of the act, they may be abated at the cost of the company. (8 Vict. c. 20, s. 17, post, App. 163).
With respect to lands lying over mines or minerals, it is provided, that the company shall not be entitled to mines or minerals, under lands purchased by them, (except such part as shall be necessary to be used in the construction of the works), unless the same shall have been expressly purchased, and such mines shall be deemed to be excepted (h) out of the conveyances. (8 Vict. c. 20, s. 77, post, App. 180).
It is also specially provided, that 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 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 provisions contained in the act, be less than shall be determined by the valuation of two able practical surveyors; and if such two surveyors cannot agree in the valuation, then by such third surveyor as any two justices shall nominate. (8 Vict. c. 18, s. 9, post, App. 120).
As to lands which may be taken by the company under the compulsory clauses in the statute, it is first provided that these powers shall not be put in force, unless the whole of the estimated capital of the company has been subscribed by them under a contract; (Id., s. 16, post, App. 121); and a certificate from two justices, that the whole of the
Lands taken under the compulsory clauses.
() As to compensation to owners of mines, &c., see post, 187.
capital has been subscribed, is sufficient evidence thereof(i). (Id., s. 17, post, App. 122). Nor can lands be thus taken after the period prescribed by the special act, and, if no period be therein prescribed, not after the expiration of three years from the passing of the special act. (Id., s. 123, post, App. 148).
The following mode of proceeding is prescribed when the company purchase or take lands under the compulsory clauses : First, they are directed to give notice (k) to all
Form No. 1. Certificate of
company has been
(i) The following may be the form of this certificate :
No. 1. We, A. B., of &c., and C. D., of &c., two of her Majesty's justices of the peace for the county of assembled and acting together in Petty Sessions justices that the at —, in the said county, on the application of the Railway Company, capital of the incorporated by an act of Parliament, intituled (here insert the title of the subscribed. (8. special act], and on production of the subscription deeds of the said company, post, App. 122). do bereby, by virtue and in pursuance of the authority vested in us by the said act, certify that the whole sum of (here insert the amount of the capital of the company], being the prescribed capital of the said company, as provided by the said act, has been subscribed for by persons under a contract binding themselves, their heirs, executors, and administrators, for the payment of the several sums by the said persons respectively subscribed. Witness our hands, this day of —, in the year of our Lord
C. D. (6) The following may be the form of this notice :
The Railway. Whereas, by a certain act of Parliament, intituled The Lands Clauses Consolidation Act, 1843, the provisions of which are incorporated with the special Rail. company to ownFay Act hereinafter mentioned(m), it is enacted, that, when any railway company. lands, stating that sball require to purchase or take any lands which they are authorised to purchase lands are required or take, such company shall give notice thereof to all the parties interested in and that the comsuch lands, or to the parties enabled by that act to sell and convey or release the lo treat for the same, or such of the said parties as shall, after diligent inquiry, be known to the purchase thereof. company, and by such notice shall demand from such parties the particulars of 18, 21, post, App: their estate and interest in such lands, and of the claims made by them in respect notice to occuthereof; and that the company in such notice shall state the particulars of the
piers, see post, 184. lands so required, and that they 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 railway works. And whereas by the same act it is also enacted, that, if, for twenty one days after the service
Form No 2. Notice from the
x} The Consolidation Acts are incorporated with the special act, in the manner already meniloned, ante, 104.