the parties interested in such lands, or to the parties enabled by the act to sell and convey, or release, the same, or such of such notice, any party shall fail to state the particulars of his claim in respect of any such land, or to treat with the company in respect thereof, or if such party and the company shall not agree as to the amount of the compensation to be paid by the company, for the interest in such lands belonging to such party, or which he is by that or the 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 thereinafter provided for settling cases of disputed compensation. And whereas, by virtue of the Railway Act, [insert title of special act], All those parcels of land, tenements, and hereditaments mentioned in the schedule hereunto annexed [or," particu larly described in a map or plan hereunto also annexed," as the case may be], situate at &c., belonging or reputed to belong to you or to some or one of you, or in which you or some or one of you, have or hath, or claim or claims, some estate, share, interest, or charge in, over, or affecting the same, or some part thereof, or which you or some or one of you claim to be empowered to sell, release, and convey, are required to be taken and used by us the railway company incorporated by the said act, for the purposes thereof, and which lands, tenements, and hereditaments we are by the said act authorised to purchase or take. Now we the said company do hereby give you notice, that the said lands, tenements, and hereditaments are required by us for the purposes aforesaid, and that we are willing to treat for the absolute purchase thereof, and of every estate, share, right, interest, or charge in, upon, or affecting the same, which you, or any, or either of you, have or hath therein, or are or is by the said act or otherwise enabled to sell, release, or convey; and that we are also willing to treat as to the compensation to be made to you and all parties interested in the said lands, tenements, and hereditaments, for the injury or damage that may be sustained by you, or any or either of you, by reason of the execution of the works of or connected with the said railway. And take notice, that you, and each and every of you, are hereby required to state to the company, at our office at- [as the case may be], the particulars of your estate and interest, or several estates and interests, in the said lands, tenements, and hereditaments, and of the claim, or several and distinct claims for compensation made by you, each and every of you, in respect thereof; and if, for twenty-one days after the service of this notice, you, or any one or more of you upon whom the same shall have been served, shall fail to state the particulars of your claim in respect of any of the said lands, tenements, and hereditaments, or to treat with the said company in respect thereof, or of the estate, share, right, interest, or charge in, upon, or affecting the same, which you may be enabled as aforesaid to sell, release, and convey, or if you shall neglect or refuse to agree, or shall not agree with the said company as to the amount of the compensation to be paid by the said company for the purchase of your interest in such of the lands, tenements, and hereditaments as belong to you, or for the purchase of the estate, share, right, interest, or charge as aforesaid, which you are enabled to sell, release, and convey as aforesaid, or for the compensation to be paid for any damage of the said parties as shall, after diligent inquiry, be known to the company; and by such notice they are required to demand from such parties the particulars of their estate and that may be sustained by you, or any of you, by reason of the execution of any of the works authorised by the said act, then the company will proceed to procure the amount of such purchase-money or compensation to be settled in the manner prescribed by the said act for settling cases of disputed compensation. Dated the in the year of our Lord day of A. B. C. D. Directors of the said railway company. [Or, "E. F., secretary [or, 'treasurer'] of the said railway company.”] To A. B., Esq., C. D., Esq., and all other parties claiming satisfaction or compensation for the above-mentioned hereditaments, or for any estate, share, interest, or charge in or affecting the same, or any part thereof, or for any injury or damage occasioned by the taking of the aforesaid hereditaments by the said company, or otherwise by reason of making the said railway, or on account of the execution of the said act, and to all other persons whom it may concern. THE SCHEDULE referred to in the foregoing Notice. All those parcels of land as now staked, &c. [as in the form, No. 19, post, 185]. N.B. The above notice is sometimes accompanied with a blank schedule, to be filled up by the parties claiming the compensation, in a form similar to the following: State the particulars of the estate, share, and interest in or upon the said lands in respect whereof the claim is made, whether in respect of an estate of freehold, &c. [so setting forth, under separate titles, the various particulars which the owners and lessees are required to specify]. A schedule of this description may be easily framed by referring to the contents of the following Notices, Nos. 3 and 4, post, 156, 157; or, in lieu of such a schedule, the forms Nos. 3 and 4 in blank may be sent with the notice. As to the proper mode of serving the above notice on owners and lessees, see 8 Vict. c. 18, ss. 19, 20, post, App. 122. interest therein, and of the claims made by them in respect thereof; and every such notice must state the particulars of the lands so required, and that the company 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. (Id., s. 18, post, App. 122). If, for twenty-one days after the service of this notice, any party fails to state the particulars of his claim in respect of the land, or to treat with the company in respect thereof (1), or if the party and the company do not agree (1) The following forms, Nos. 3 and 4, may be used; and they may be altered so as to meet the circumstances of each particular case :-As to the mode of serving this notice, see 8 Vict. c. 18, s. 134, post, App. 151. Form No. 3. Notice from an owner in fee simple, of lands required to be purchased by the company, stating the particulars of his claim for compensation. (8 Vict. c. 18, ss. 21, 23, post, App. 122, 123). Whereas, by a certain notice under the hands of A. B., &c., bearing date the day of last, I am informed that you intend to take and use, for the purposes in the said notice mentioned, all those parcels of land, tenements, and hereditaments mentioned &c. [or, “particularly described in a map or plan to the said notice annexed," as the case may be, containing by estimation acres, roods, and perches, or thereabouts], situate at &c., belonging or reputed to belong to me; and I am also required by the said notice, to state the particulars of my estate and interest in such lands, tenements, and hereditaments, and of the claim for compensation made by me in respect thereof, as in the said notice is particularly mentioned [This recital will vary according to the nature of the notice which the company may have given]. Now, I the undersigned E. F. do hereby, in pursuance of the requisition in the said notice contained, inform you the said company, that I am the owner in fee simple, of the said lands, tenements, and heredita. ments mentioned or referred to in the said notice, and that I claim as compensation for the purchase-money for the same, and for the damage that may be sustained by me by reason of the execution of your railway works, the sum of £. And take notice, that I am ready and willing, on payment of the said sum of to sell, convey, and release to you the said company, all my estate, right, title, and interest in the said lands, tenements, and hereditaments, according to the provisions contained in the said acts of Parliament in your said notice mentioned. [The following addition may be made to this notice, if it is considered desirable, (see post, 159):-And, further, take notice, that, if my said claim of as and for compensation as aforesaid, shall not be paid or accepted by you, I hereby, in pursuance of the provisions contained in the said acts, or in any other act or acts of Parliament, signify to as to the amount of the compensation to be paid by the company for the interest in the lands belonging to such party, or which he is by the Lands Clauses Consolidation Act, or the 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 must be settled in the manner provided for settling cases of disputed compensation. (Id., s. 21, post, App. 122). treat. When lands are sought to be taken under the above- The notice to mentioned compulsory clauses, it is important that all the preliminary matters required by the statute should be you my desire to have the amount of the said compensation to be paid to me settled by arbitration. And I hereby require you, the said company, to appoint an arbitrator to act on your behalf in the matter of the said arbitration.] Witness my hand, this To the day of No. 4. in the year of our Lord E. F. of [Insert place of abode]. Railway Company. Whereas, by a certain notice [as in Form No. 3, ante, 156, to *, then proceed as follows:-] Now, I, the undersigned E. F. do hereby, in pursuance of the requisition in the said notice contained, inform you the said company, that I am the tenant in tail of the lands, tenements, and hereditaments mentioned or referred to in the said notice [or, "that I am committee duly appointed of A. B., Esquire, a lunatic, the owner in fee simple of the lands" &c., as the case may be (a) (See the parties who may convey lands, 8 Viet. e. 18, s. 7, post, App. 119)], and that I claim, as compensation for the purchase-money thereof, and for damage that may be sustained by me by reason of the execution of your railway works, the sum of £ -. And take notice, that I am ready and willing, on payment or deposit of the said sum of , to sell, convey, and release to you the said company all and every estate, right, title, and interest in the said lands, tenements, and hereditaments which I am in that behalf authorised to do, according to the provisions contained in the said acts of Parliament in your said notice mentioned. Witness my hand, this — day of in the year of our Lord E. F. -. of [Insert place of abode]. (a) The particulars of the estate, share, interest, or charge in respect whereof the claim is made, should be here inserted, whether in respect of an estate of freehold, copyhold, or leasehold tenure: if leasehold, for what term of years: if the claim be on account of any interest or charge, as distinct from an estate in the lands, &c., the particulars of such interest or charge should be stated: and if any claim be made on account of injury or damage caused by the taking of the lands, the particulars should be stated. strictly observed by the parties interested in the proceedings. As this is the first time it has been necessary to mention the notices which the Consolidation Act (8 Vict. c. 18) requires the company to give to the owners and occupiers of lands, it is fit to say a few words concerning the proper mode of signing such notices; and it is recommended that railway companies should, in all such cases, observe the directions contained in the 139th section of the 8 Vict. c. 16, which enacts, that "every summons, notice, or other document, requiring authentication by the company, may be signed by two directors, or by the treasurer, or the secretary of the company, and need not be under the common seal of the company, and the same may be in writing or in print, or partly in writing and partly in print.” By conforming to these directions, all technical objections to the sufficiency of the signatures to such notices, will be avoided. The company should state accurately, in the notice to treat, the quantities and situation of the lands required for the railway works; and, for greater security, a plan is generally annexed to the notice (m), or reference is made to the parliamentary plan deposited at a specified place (n). If any mistake is made on the face of the plan, the company will be unable to enter on any lands which may be omitted (o). A notice to treat, when given, cannot be revoked: there is no locus pœnitentiæ (p); for the relative situations of vendor and purchaser are created by giving the notice (q), and the jury or other tribunal, when called upon to assess the compensation, must do so with reference to the premises, as they (m) Sims v. The Commercial Railway Company, 1 Railway Cases, 431. (n) See the form No. 2, ante, 154. (0) See Kemp v. The London and Brighton Railway Company, 1 Railway Cases, 495, post, 244. (p) R. v. The Hungerford Market Company, 4 B. & Ad. 327, post, 241. (q) R. v. The Commissioners of Manchester, 4 B. & Ad. 332, n., post, 242; Doo v. The London and Croydon Railway Company, 1 Railway Cases, 257. |