APPENDIX. FORMS. Relating to VII. Declaration by Vendee against Vendor, for not delivering Scrip For that whereas, before and at the time of the making of the promise and undertaking of the defendants hereinafter mentioned, a certain company had been and was constituted, to wit, provisionally, for the purpose of a certain proposed undertaking, that is to say, for executing certain railways which could not be carried into execution without obtaining the authority of Parliament, and for obtaining an act of Parliament on that behalf, and the same company had been and then was duly registered provisionally according to law, and the same company then was commonly known as the South Midland Railway Company; and thereupon heretofore, to wit, on the 1st day of May, A.D. 1845, the plaintiff, at the special instance and request of the defendants, bargained and agreed with the defendants to buy of them, and the defendants then sold to the plaintiff, the scrip certificates for divers, to wit, one hundred shares of and in the said proposed undertaking, at a certain rate or price, to wit, at the rate or price of 41. 188. for and in respect of each and every such shares, the said scrip certificates to be delivered by the defendants to the plaintiff at a certain time, to wit, on the 31st day of August, A.D. 1845; and in consideration thereof, and that the plaintiff, at the like special instance and request of the defendants, had then promised the defendants to accept and receive the said scrip certificates, and to pay them for the same at the rate or price aforesaid, they the defendants undertook and then promised the plaintiff to deliver the said scrip certificates to the plaintiff as aforesaid; and the plaintiff avers, that, although the time for the delivery by the defendants to the plaintiff of the said scrip certificates, to wit, the said 31st day of August, A.D. 1845, elapsed long before the commencement of this suit, and although the plaintiff was always from the time of the making of the said promise and undertaking of the defendants, until and upon the said 31st day of August, A.D. 1845, and afterwards, ready and willing to accept and receive the said scrip certificates, and to pay for the same at the rate or price aforesaid, whereof the defendants afterwards, to wit, on the day and year last aforesaid, had notice; yet the defendants, not regarding their said promise and undertaking, but contriving and intending to deceive and defraud the plaintiff in this behalf, did not nor would on the said 31st day of August, A.D. 1845, deliver to the plaintiff the said scrip certificates, or any or either of them, but wholly neglected and refused so to do, nor have they at any time delivered the same, or any or either of them, to the plaintiff, whereby the plaintiff hath lost and been deprived of divers great gains and profits which might and otherwise would have arisen and accrued to him from the delivery to him of the said scrip certificates, so bargained for and bought by him as aforesaid, to the plaintiff's damage, &c. VIII. Declaration against a Railway Company for leaving the Door of a Carriage open, whereby the Leg of the Plaintiff's Wife was broken. On the 5th day of November, A.D. 1846. H-H-and Elizabeth, his wife, the plaintiffs in this suit, by W-F--, their attorney, complain of the E-FRailway Company, the defendants in this suit, who have been summoned to answer the plaintiffs in an action on the case. For that whereas the said company, before and at the time of the committing of the grievances hereinafter mentioned, were the owners and proprietors of a certain railway, called, to wit, the E-F— Railway, and of certain carriages used by them for the carriage and conveyance of passengers, cattle, goods and chattels, in, upon, and along the said railway, from a certain place, to wit, L-, to a certain other place, to wit, C—, in the county of E- and from the said last-mentioned place, to wit, C— aforesaid, to L- - aforesaid, for hire and reward to them the company in that behalf; and the company being owners and proprietors of the said railway and the said carriages for the purpose aforesaid, the plaintiffs, heretofore and before the committing of the grievances hereinafter mentioned, and before the commencement of this suit, to wit, on the 31st day of June, A.D. 1846, at the request of the company, became and were passengers in one of the carriages of the said company, to be by them safely and securely carried and conveyed thereby on a certain journey, to wit, from R, in the county of E-, to Laforesaid, and to be put down at one of the usual stations or stoppingplaces of the trains of the said company, to wit, at M-E- station there, for certain reasonable reward to the company in that behalf; and the company of the train of carriages, in one of which the plaintiff Elizabeth- Declaration against a Railway Company for not carrying the Plaintiff safely. (See Carpue v. The London and Brighton Railway Company, 3 Railway Cases, 692; 13 Law Journal, N. S., Q. B., 133.) Declaration against a Railway Company, as common Carriers, for not delivering perishable Goods in due Time.-(See Pickford v. The Grand Junction Railway Company, 12 M. & W. 766.) APPENDIX. FORMS. Relating to APPENDIX. FORMS. Relating to Compensation. A similar Declaration for refusing to carry Goods.—(See Pickford v. Declaration in Debt against a Railway Company, to recover Com- Declaration in Assumpsit for not delivering Scrip Certificates to the Mandamus to compel a Railway Company to issue a Warrant to the V. FORMS RELATING TO COMPENSATION. The following Forms, to No. 24, will be found in the text of this Work. The Forms which follow No. 24 were inadvertently omitted, and are here supplied. Page in the Text No. 1.-Certificate of Justices that the Capital of the Company has been subscribed. (8 Vict. c. 18, s. 17)... .... 153 No. 2.-Notice from the Company to Owners, Lessees, &c. of Lands, ..... 153 No. 3.-Notice from an Owner in Fee-simple of Lands required to be Compensation. (8 Vict. c. 18, s. 68) No. 7.-Notice from a Tenant in Tail, &c., or other Party empowered to convey Lands, to the Company, requiring Compensation for Lands taken or injuriously affected, requiring the Amount of Compensation to be settled by Arbitration, more than 50%. being claimed. (8 Vict. c. 18, s. 68) 163 FORMS. Relating to Compensation. No. 8.-A similar Form where a Tenant in Tail, &c. requires a Jury to assess the Compensation. (8 Vict. c. 18, s. 68) .. No. 9.-Notice required to be given by the Company three Weeks before Lands are entered upon for temporary Occupation. (8 Vict. c. 20, ss. 32, 33). 164 168 No. 10.-Notice required to be given by the Company ten Days before No. 12.-Notice from Owner or Occupier to the Company, requiring No. 13.-Notice where the Owner of Lands taken for temporary Purposes requires the Company to purchase, and to assess the Amount of Compensation by Arbitration, more than 50%. being claimed. (8 Vict. c. 20, ss. 42, 44) No. 14.-A similar Form, where a Tenant in Tail, &c., or other Party empowered to convey Lands taken for temporary Purposes, requires the Company to purchase, and to assess the Amount of Compensation by Arbitration, more than 50%. being claimed. (8 Vict. c. 20, ss. 42, 44). No. 15.-Notice from the Company to Owner, &c. of Lands, which the Company are required to purchase, that they intend to issue a Warrant to the Sheriff, and stating the sum they are willing to pay for the Lands. (8 Vict. c. 18, s. 38.) No. 16.-Notice from the Owner to the Company, requiring that Compensation shall be assessed by a Special Jury. (8 Vict. c. 18, s. 54).... No. 17.-Notice from the Company, that a private Road will be required 171 172 173 174 175 175 for the temporary Use of the Company. (8 Vict. c. 20, s. 30) 177 No. 18.-Notice from the Owner, &c. of a private Road to the Company, requiring them not to use the Road, on the ground that an adjoining Road would be more fitting to be used. (8 Vict. c. 20, s. 3) No. 19.—Notice from the Company to the Occupier of Lands, stating that the Lands are required for the Railway, and that the Company are willing to treat. (8 Vict. c. 18, ss. 18, 21) ...... No. 20.-Notice from the Company to the owner of Lands, that they .... .... 178 184 295 296 No. 22.-Notice from the Sheriff to the Company of the Time and Place 298 No. 24.- The Inquisition, Verdict, and Judgment. (8 Vict. c. 18, ss. 49, 50). 299 AFPENDIX. FORMS. Relating to Compensation. Appendix No. 25.-Appointment of two Surveyors to determine the Amount of Purchase-money or Compensation to be paid for Lands purchased from Parties under any Disability or Incapacity. (8 & 9 Vict. c. 18, s. 9) No. .... Pa ....App. 266 .App. 267 No. 26.-Notice of Intention to apply to two Justices to appoint a third App. 268 No. 29.-Bond given by a Railway Company and two Sureties to enable ...App. 268 No. 30.-Award under the Lands Clauses Consolidation Act, made by an ..App. 270 No. 25.-Appointment of two Surveyors to determine the Amount of Purchase-Money or Compensation to be paid for Lands purchased from Parties under any Disability or Incapacity. (8 & 9 Vict. c. 18, s. 9; ante, App., 120.) To all to whom these presents shall come, The Railway Company, incorporated by an act of Parliament intituled the Railway Act, 184-, and A. B. [the tenant for life or other party under disability), of &c., send greeting: Whereas, by virtue of the above-mentioned act of Parliament, and of the act or acts of Parliament incorporated therewith, the above-named railway company are authorised to purchase and take, for the purposes of the said railway, the several pieces or parcels of land described or referred to in the schedule hereunder written, and the said railway company have given due notice of their intention to take the lands for the purposes aforesaid, to the parties interested in the said lands. And whereas, by the last will and testament of deceased, bearing date the — day of, the said pieces or parcels of land, together with other hereditaments, stand limited to the use of the said A. B. for his life, without impeachment of waste, with divers remainders over: [This recital will vary according to the circumstances of each case]: Wherefore, according to the provisions contained in the Lands Clauses Consolidation Act, 1845, (the same being one of the acts incorporated with the said Railway Act, 184-), it is requisite that the purchase-money or compensation to be paid for the purchase of [or add, and for any permanent damage and injury to] the said pieces or parcels of land and hereditaments, shall not be less than shall be determined by the valuation of two able practical surveyors, one to be nominated by the said company, and the other by the said A. B.: Now, therefore, be it known, that, in pursuance of and in obedience to the directions of the said act or acts of Parliament in this behalf, the said - Railway Company do hereby nominate on their behalf C. D., of — &c., an able practical surveyor, and the said A. B. doth hereby nominate on his behalf, E. F., of &c., an able practical surveyor, to be the two surveyors, for the purpose of determining by their valuation, the amount of the purchase or compensation money to be paid by the said company for the purchase by them in fee simple in possession, of the said pieces or parcels of land de |