Compensation assessed by a Jury. tion (i); sixthly, the like notice given by the company to the party entitled to compensation (k); and, lastly, the in schedule hereunto annexed &c., as in the form No. 19, ante, 184. The description of the lands should be accurately stated, and it should agree in all respects with the description in the notice to treat.] And the said jury shall also in like manner inquire of and assess and give a verdict for the sum or sums of money to be paid by the said company to the said A. B., C. D., &c. [each and every of them], and all other parties interested in the said lands, tenements, and hereditaments, &c., for all damage sustained by them or any of them by reason of the exercise, as regards such lands, tenements, and hereditaments, of the powers by the said act vested in the said company (a). And the said jury shall further, upon their oaths, affirmations, or declarations, as aforesaid, inquire of, and by their verdict ascertain and settle, all such other matters and things as they may, by virtue of the provisions of the said act, or otherwise, be lawfully required to do. Given under our common seal this day of ? A. D. L. S. Form No. 22. Notice from the sheriff to the com pany, of the time ing the inquisi tion. (8 Vict. c. 18, s. 41, post, App., 126). to the Railway Company, greeting. Whereas, by a warrant to me directed, under your common seal, bearing date the day of I am required to summon a jury to inquire into and place of hold- and assess the purchase-money and compensation to be paid by you the abovementioned company to A. B. and C. D., &c. in respect of certain lands, tene. ments, and hereditaments in the said warrant mentioned. Take notice, that the said inquiry will be held, in pursuance of the said warrant, and of the statute in that case made and provided, on the day of - next, at the commonly called or known by the name or sign of ——, in in the county of at the hour of house of o'clock in By the same sheriff. L. S. Form No. 23. Notice from the company to the (k) The following may be the form of this notice : Form No. 23. Railway Railway Company In pursuance of an act of Parliament, intituled "The (a) See 8 Vict. c. 20, s. 6, post, App., 159. quisition, verdict, and judgment (1). There are also cases where the parties interested in lands which have been taken hereby give notice to you, each and every of you, that a jury, to be summoned, o'clock in the forenoon of the same day, then and there to inquire of and assess, and give a verdict for the sum or sums of money to be paid by us the said company, to you the said A. B., C. D., &c., or other the person or persons interested therein, for the purchase of all those, the lands, tenements, and hereditaments mentioned and described in a certain notice, bearing date the day of -, and duly served upon you by us, or for the purchase of the estate and interest of you the said A. B., C. D., &c. therein, or which by the said act you are enabled to sell; and also to assess and give a verdict for the sum or sums of money, to be paid by us, the said company, to you the said A. B., C. D. &c., or other the owners of, and all other parties interested in the said lands, tenements, and hereditaments, for all damage sustained by them by reason of the exercise as regards such lands, tenements, and hereditaments, of the powers by the said act vested in us the said company. And the said jury will, at the place and time aforesaid, inquire of, and by their verdict ascertain and settle, all such other matters and things as they may, by virtue of the provisions of the said act, or otherwise, be lawfully required to do. shire to wit. An inquisition, verdict, and judgment, had, taken, and given at the house of &c., on the - Compensation assessed by a Jury. party who claims compensation of the time and place of holding the inquisition. (8 Vict. c. 18, s. 46, post, App., 127). Form No. 24. The inquisition, verdict, and judgment. (8 Vict. c. 18, ss. 49, 50, post, App., 127). sessed by a Jury. Compensation as for, or are injuriously affected by the railway works, may give a notice to the company, and require them to issue their warrant (m). [naming the jurors], indifferent persons, duly qualified to act as common jurymen in the inferior courts here, duly impannelled, summoned, and returned by me the said sheriff, in pursuance of and in obedience to a warrant made and issued under the common seal of the Railway Company to me directed and delivered, and hereunto annexed; notice in writing having been heretofore duly given to A. B., C. D., &c. by the said company, according to the said act, that the lands, tenements, and hereditaments hereinafter mentioned were required to be taken and used for the purposes of the said act, and that the said company were willing to treat for the purchase thereof, and for the purchase of the estate, share, right, interest, or charge of them the said A. B., C. D., &c., in, upon, or affecting the same, or which by the said act they were enabled to sell, convey, or release; and, as to the compensation to be made to them for the damage that might be sustained by them by reason of the execution of the said railway works: and they the said A. B., C. D., &c. not having, within the space of twenty-one days and more after the giving of such notice, agreed with the said company, as to the amount of the compensation to be paid by the said company for the purchase of the said lands, tenements, and hereditaments, or for the purchase of the estate, share, right, charge, or interest in, upon, or affecting the same, of them the said A. B. and C. D. therein, or which by the said act they were enabled to sell, release, and convey; and, as to the amount of the compensation to be paid for any damage which might be sustained by them the said A. B. and C. D., &c., by reason of the execution of the said railway works [or, "and the said A. B. and C. D., &c. having failed for twenty-one days after the service of such notice to state the particulars of their claims in respect of such lands, tenements, and hereditaments, and to treat with the said company in respect thereof] and notice in writing having been heretofore duly given to the said A. B. and C. D. &c., by the said company, according to the provisions of the said act, ten days and more before the issuing of the said warrant, of the intention of the said company to issue their warrant, directed to me the said sheriff, to cause a jury to be summoned to inquire of and assess the amount of the purchase-money and compensation to be paid by the said company, as aforesaid, to the said A. B. and C. D., &c., for the purchase of the said lands, tenements, and hereditaments, and in respect of their said estate, share, right, charge, or interest therein, as aforesaid; and also of the sum of money which they the said company were willing to give for the purchase of the said lands, tenements, and hereditaments, and the interest of them the said A. B. and C. D., &c. in such lands, tenements, and hereditaments, and for the damage to be sustained by them by the execution of the said railway works: and, notice in : (m) See the forms, No. 6, ante, 162; No. 8, ante, 164; No. 14, ante, 174; No. 16, ante, 175. The company must, as we have seen, give not less than ten days' notice to the party entitled to compensation, of their writing having been also duly given ten days and more before the said day of [the date of holding the inquisition], to the said A. B. and C. D., &c., of the time and place of holding this inquiry; which said H. Pitt &c. [naming the jurors], being duly sworn to inquire of and concerning the matters mentioned in the said warrant, and thereby directed to be inquired of, assessed, and ascertained by them in manner therein mentioned; and the said A. B., &c., by their counsel, having, at the time and place aforesaid, appeared before me and the said jurors, and having produced evidence before me and the said jurors touching the matter in question; and the said company named in the said warrant having also, by their counsel, appeared, at the time and place aforesaid, before me and the said jurors, but having declined to produce any evidence ;--the said jurors aforesaid, upon their oath aforesaid, say, that they do assess and give a verdict for the sum of ——, to be paid to the said A. B. and C. D., &c., by the said company, for the absolute purchase in fee simple in possession, free from incumbrances, of all those pieces or parcels of land, &c. [describing the premises by referring to a schedule or otherwise], and also for the purchase of all and every the estate, right, share, interest, or charge of them the said A. B., C. D., &c., each and every of them, in, upon, or affecting the said lands, tenements, and hereditaments, or any part or parcel thereof, or which they the said A. B. and C. D., &c., or any or either of them, are or is, by the said act, enabled to sell, convey, or release; and also as and for compensation for all damage sustained by the said A. B., C. D., &c., any or either of them, by reason of the execution of the said railway works, or by the exercise, as regards such lands, tenements, and hereditaments, of the powers by the said act vested in the said company. [If the lands are to be severed, add the following :—(except only compensation for the damage to be sustained by the said A. B., C. D., &c., by reason of the severing of the said lands, tenements, and hereditaments from the other lands of the said A. B., C. D., &c., or otherwise injuriously affecting such other lands by the exercise of the said powers). And the said jurors do, in like manner, upon their oath as aforesaid, assess and give a verdict for the further sum of —, to be paid to the said A. B., C. D. &c., by the company, by way of compensation for the damage to be sustained by them by reason of the severing of the said lands, tenements, and hereditaments from the other lands of them the said A. B., C. D., &c., or otherwise injuriously affecting such other lands, by the exercise of the powers of the said act.] Whereupon, I, the said sheriff, in pursuance of the said act of Parliament, do pronounce and give judgment for the said purchase-money and compensation so assessed as aforesaid, by the said jurors, amounting together to the sum of, to be paid by the said company to the said A. B. and C. D., &c. In witness whereof, I, the said sheriff, have hereunto set my hand and the seal of my office, and the jurors aforesaid have hereunto set their hands and seals, the day and year first above written. L. S. Compensation assessed by a Jury. Compensation assessed by a Jury. intention to summon a jury, and in such notice must state what sum they are willing to give for the lands, and for the damage to be sustained (n). (Id., s. 38, post, App., 125). If this offer be not accepted, the company issue their warrant to the sheriff of the county in which the lands are situate, or to a coroner, if the sheriff be interested (0), requiring him to summon a jury (p). (Id., s. 39, post, App., 125). On receipt of the warrant, the sheriff summons a jury of twenty-four qualified persons, and gives notice to the company (7) of the time and place appointed for the meeting; (Id., s. 41, post, App., 126); and a like notice must be given by the company to the other party (r). (Id., s. 46, post, App., 127). A juryman cannot be summoned, without his consent, more than once in every year. (Id., s. 57, post, App., 129). The sheriff, under-sheriff, or other legal competent deputy, presides at the inquiry(s); and the party claiming compensation is to be deemed the plaintiff, and has all such rights and privileges as the plaintiff is entitled to in trials of actions at law (t); (Id., s. 43, post, App., 126); and if the party claiming compensation appears, (Id., s. 47, post, App., 127), a jury of twelve persons is drawn in the usual manner. (Id., s. 42, post, App., 126). Either party may request the sheriff to summon witnesses, or to order a view. (Id., s. 43, post, App., 126). The jury and witnesses are sworn. (Id., s. 48, post, App., 127). And if they or the sheriff neglect their duties, they are liable to pay certain (n) See the form, No. 20, ante, 295. (0) See the form of the warrant, No. 21, ante, 296. (p) Any objection to the competency of the sheriff or other presiding officer, ought to be taken at the hearing of the inquiry. Corrigal v. The London and Blackwall Railway Company, 5 Man. & Gr. 247. (9) See the form of this notice, No. 22, ante, 298. (✔) See the form of this notice, No. 23, ante, 298. (s) See also the Interpretation Clause, tit. Sheriff," post, App., 118. 66 (1) As to the plaintiff's right to begin; and whether the sheriff has power to examine into the preliminary matters, as to notices &c., see Taylor v. Clemson, 2 Q. B. 999, 1019. |
