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The mode of serving the above-mentioned notices is prescribed in the statute. (Id., s. 34, post, App., 168).

If lands are required for spoil banks, side cuttings, or for obtaining materials, the owner or occupier may, by giving a notice in writing to the company within ten days after he

during the construction of a railway, to require the company to purchase any such lands, or to receive compensation for the temporary occupation thereof; that is to say,

By sect. 42 it is enacted, that, in cases where the company shall enter upon lands for the purpose of making spoil banks or side cuttings thereon, or for obtaining materials for the construction or repair of the railway, it shall be lawful for the owners or occupiers, or parties having such estates or interests in such lands as enables them to sell or convey lands to the company, at any time during the possession of any lands by the company, and before such owners or occupiers have accepted compensation in respect of such temporary occupation, to serve a notice in writing on the company requiring them to purchase the lands, or the estates and interests therein capable of being sold and conveyed by them respectively; and in such notice such owners or occupiers shall set forth the particulars of their estate or interest in such lands, and the amount of their claim in respect thereof; and the company shall thereupon be bound to purchase the lands, or the estate and interest therein capable of being sold and conveyed by the parties serving such notice.

By sect. 43 it is also enacted, that, where the company shall not be required to purchase such lands, and in all other cases where they shall take temporary possession of lands by virtue of the powers therein or in the special act granted, it shall be incumbent on the company within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands, and shall also, from time to time, during their occupation of the said lands, pay half-yearly to such occupier or to the owner of the lands, as the case may require, a rent, to be fixed by two justices in case the parties differ, and shall also, within six months after they shall have ceased to occupy the said lands, and not later than six months after the expiration of the time by the special act limited for the completion of the railway, pay to such owner and occupier, or deposit in the Bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers herein or in the special act granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands.

By sect. 44 it is further enacted, that the amount and application of the purchase-money and other compensation payable by the company in any of the cases aforesaid shall be determined in the manner provided by the Lands Clauses

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has received the before-mentioned notice from the company, object to the company using the lands; and the objection

Consolidation Act, 1845, for determining the amount and application of the compensation to be paid for lands taken under the provisions thereof.

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Form No. 10.

Notice required to

be given by the

before lands are temporarily occupied. (8 Vict. c. 20, ss. 32, 33, post, App., 168).

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The

Railway Company, incorporated &c., [as in the foregoing notice, No. 9, to*; then proceed as follows:] that they the said company intend, company, ten days at the expiration of ten days from the service upon you of this notice, to occupy the said lands so long as may be necessary for the construction [or, 'repair"] of the said railway and the accommodation works connected therewith, and to use the same as they are authorised in that behalf by the said act or otherwise, for the purpose of &c. [here insert any special purpose requiring only ten days' notice: see sect. 33, ante, 167]. And, in pursuance of the directions contained in the said act, and in a certain act incorporated therewith, intituled the Railways Clauses Consolidation Act, 1845, you and each and every of you are hereby informed that the said last-mentioned act contains the following provisions respecting the right of the owners and occupiers of lands, whereof temporary occupation is required during the construction of a railway, to demand and receive compensation in all cases where temporary possession of lands for the purposes aforesaid shall be taken by the company by virtue of the powers in the herein before-mentioned act or acts contained; that is to say,

By sect. 43 the company are required, within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of such lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands; and shall also, from time to time during their occupation of the said lands, pay half-yearly to such occupier, or to the owner of the lands, as the case may require, a rent, to be fixed by two justices in case the parties differ; and shall also, within six months after they shall have ceased to occupy the said lands, and not later than six months after the expiration of the time by the special act limited for the completion of the railway, pay to such owner and occupier, or deposit in the Bank for the benefit of all parties interested,

may be, that the lands or materials are essential to be re-
tained by the owner (g), or that other contiguous lands would

as the case may require, compensation for all permanent or other loss,
damage, or injury that may have been sustained by them by reason of the
exercise, as regards the said lands, of the powers herein or in the special act
granted, including the full value of all clay, stone, gravel, sand, and other
things taken from such lands. And by sect. 44 it is enacted, that the amount
and application of the purchase-money, and other compensation payable by
the company in any of the cases aforesaid, shall be determined in the manner
provided by the Lands Clauses Consolidation Act, 1845, for determining the
amount and application of the compensation to be paid for lands taken under
the provisions thereof.
Witness our hands, this

day of

To A. B., Esq., owner, and C. D. and E. F., occupiers of the lands within mentioned, and to all other persons whom it may con

cern.

in the year of our Lord 18-.
A. B. Directors of the said rail-
C. D.S

way company.
[Or, "E. F., Secretary [or,' Treasurer']
of the said railway company."]

As to the proper mode of serving the foregoing notices, see 8 Vict. c. 20, s. 34, post, App., 168, which enacts," that such notices shall either be served personally on such owners and occupiers, or left at their last usual place of abode, if any such can, after diligent inquiry, be found, and, in case any such owner shall be absent from the United Kingdom, or cannot be found after diligent inquiry, 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."

(g) The following may be the form :

No. 11.

To the - Railway Company.

Whereas, by a certain notice under the hand of A. B. and C. D. [as the case may be], bearing date the day of last, I am informed that you intend to occupy (for temporary purposes) and use certain lands [or, "lands and materials"] belonging to me [or, "in my occupation"], situate at &c., for the purposes in the said notice particularly mentioned [This recital will vary according to the nature of the notice which the company may have given]. Take notice, that I the undersigned " осси, as the owner [or, pier"] of such lands, do hereby, in pursuance of the statute in that case made and provided, object to your making use of such lands, or of any part or parcel thereof [as the case may be]*; and that the ground of my said objection is, that the lands proposed by you to be taken as aforesaid [or some part thereof, and the materials contained therein] are essential to be retained by me [or,

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Form No. 12. Notice from

owner or occupier to the company, requiring them not to use lands for temporary purposes, on the ground that other contiguous lands are more fitting to be used. (Stat.

8 Vict. c. 20, s. 35, post, App., 168).

be more fitting to be used (h). (Id., s. 35, post, App., 168).
If the former objection be made, two justices may inquire
into the truth of such ground of objection, and, for special
reasons to be assigned, may order that the lands shall not
be used by the company; and, after service of the justices'
order on the company, they cannot take or use, without the
previous consent of the owner, any of the lands or materials
which they are ordered not to take or use. (Id., s. 36, post,
App., 168). If the objection be, that other contiguous lands,
which the company are authorised to use, would be more
fitting to be used, then the owners and occupiers of such
contiguous lands, and the company, may be summoned to
appear before two justices, and they may determine, sum-
marily, which of the lands shall be used; (Id., s. 37, post,
App., 169); or the justices may adjourn the inquiry, and
summon any other person who may appear to have lands

if the notice is given by the occupier, "by A. B., esquire, the owner thereof'],
in order to the beneficial enjoyment of other neighbouring lands belonging to
me [or, "to him "]. And further take notice, that you are hereby required
not to enter upon or use the said lands in any manner whatsoever, and that it
is intended forthwith to apply for an order of justices to prevent the said lands
[or, "lands and materials "] from being at any time taken or used by you.
Witness my hand, this day of -
in the year of our Lord 18-.
A. B., owner [or, “ occupier"] of the said lands.

(h) The following may be the form :

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Whereas, by a certain notice &c., [as in the foregoing notice, Form No. 11, to*, then proceed as follows:-]; and that the ground of my said objection is, that certain lands called or known by the name of —, situate at ———, in the occupation of one - [as the case may be, describing the lands accurately], being lands lying contiguous or near to those proposed by you to be taken for the said purposes in the said notice mentioned, are more fitting to be used for such purposes by you the said company. And further take notice, that you are hereby required not to enter upon or use the said lands referred to in your said notice in any manner whatever, and that it is intended forthwith to take the necessary steps to prevent the said lands [or, "lands and materials"] from being at any time taken or used by you. Witness my hand, this day of 19

in the year of our Lord 18-. A. B., owner [or, "occupier"] of the said lands.

which the company are authorised to take, and then finally determine which lands shall be used. (Id., s. 38, post, App., 169). The owner or occupier of lands required for spoil banks, side cuttings, for obtaining materials, or for forming roads, may require the company to execute a bond, with sureties, conditioned for the payment of compensation; and a justice may decide any difference as to the amount of the penalty, &c. (Id., s. 39, post, App., 169). Before any lands or roads can be used, the company are required, on the request of the owner or occupier, to fence off the lands and roads, and to put up convenient gates; and, in case of difference, two justices may decide what fences and gates are necessary. (Id., s. 40, post, App., 170). If lands are taken for the purpose of getting materials, the company must work the same in such manner as the surveyor or agent of the owner may direct, or, in case of disagreement, as a justice may direct. (Id., s. 41, post, App., 170). In all cases where the company enter upon lands to make spoil banks, side cuttings, or to take materials, the owners or occupiers of the lands, or parties having such estates or interests therein as, under the Lands Clauses Consolidation Act, would enable them to convey the lands to the company, may, at any time during the possession of such lands by the company, and before such owners or occupiers have accepted compensation from the company in respect of such temporary possession, serve a notice in writing on the company (1), requiring them to purchase the said lands, or the

(1) The following forms, Nos. 13, 14, 15, and 16, may be used (see also Forms No. 5 to No. 8, ante, 161, which may be applicable where no notice has been given by the company):

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No. 13.

To the

Railway Company.

Whereas, in exercise of the powers contained in the act or acts of Parlia

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Form No. 13. Notice where the

ment under which you are authorised to make and construct a certain railway owner of lands to, you have entered upon certain parcels of lands [here de

from

taken for temporary purposes

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