scribed or referred to in the said schedule hereunder written, and the appur-
tenances thereto belonging: [If the lands are severed from other lands,
then add, and also for the purpose of determining the amount of the com-
pensation money to be paid by the said company, by reason of the severing
the said pieces or parcels of land from the other lands of the said A. B. ad-
jacent thereto]: In witness whereof the said company have affixed their
common seal, and the said A. B. has set his hand, to these presents, this
day of A. D. 18-
"

The schedule above referred to.

All, &c. [the description of the lands, &c.; see ante, 185, in the text.]

APPENDIX.

FORMS.

Relating to Compensation.

No. 26.--Notice of Intention to apply to two Justices to appoint a third
Surveyor. (8 & 9 Vict. c. 18, s. 9; ante, App. 120).

To A. B. [the tenant for life, &c.]

This is to give you notice, that C. D. and E. F., the two surveyors who, by a certain instrument in writing, bearing date the day of now last past, to which the common seal of The Railway Company, incorporated by the Railway Act, 18- is attached, and your signature is affixed, were nominated, for the purpose of determining by their valuation the purchasemoney or compensation &c. [here shortly recite the contents of the nomination], cannot agree in the valuation, to make which they were nominated as aforesaid: And therefore the said Railway Company, in pursuance of the power for this purpose given in the Lands Clauses Consolidation Act, 1845, intend to apply on the now next ensuing, to two of her Majesty's justices of the peace, assembled and acting together at &c., to nominate a third surveyor to determine all and every the matters by the said instrument in writing, referred to the determination of the said C. D. and E. F. Dated the day of -, 18-.

day of

(Signed) A. B., Secretary of the

Railway Company. [or, H. W. & I. K. two Directors of the Railway Company.]

No. 27.-Nomination of a Surveyor by two Justices to determine a
Question of Compensation where the two Surveyors appointed by the
Parties cannot agree. (8 & 9 Vict. c. 18, s. 9; ante, App. 120.)

We,
-, of &c., and

To all to whom these presents shall come, of &c., two of her Majesty's justices of the peace acting in and for the county of send greeting: Whereas, by a certain appointment in writing, bearing date on [recite the appointment of the two surveyors]: And whereas the above-mentioned C. D. and E. F. cannot agree as to the amount of the purchase-money or compensation to be paid for the said pieces or parcels of land, whereupon application was made to us by the said Railway Company [or, by the said A. B.] to make such nomination of a surveyor as is hereinafter expressed, which we have consented to do: Now, therefore, be it known, that, in pursuance of and obedience to the provisions contained in the Lands Clauses Consolidation Act, 1845, in this behalf, and we the said justices having received proof satisfactory to us that the said C. D. and E. F. cannot agree in the valuation of the said pieces or parcels of land in the said herein before-recited appointment, bearing date the day of - —, mentioned, and that due notice in writing of the making of this application has been given by the said company to the said A. B. [or, by the said A. B. to the said company, as the case may be], do, by this writing under our respective hands,

APPENDIX.

FORMS. Relating to Compensation.

*

nominate of &c., an able practical surveyor, to determine by his valu-
ation the amount of [here proceed from in the precedent, No. 25, to
the end]: In witness whereof we the said [justices] have respectively set
our hands to these presents, this
18-.

day of

No. 28.-Valuation made by two Surveyors, (a) of Lands taken or purchased from Parties under any Disability or Incapacity. (8&9 Vict. c. 18, s. 9; ante, App., 120).

Be it remembered, that we, C. D. and E. F., of &c., the two surveyors who, by an instrument in writing bearing date the day of - last, were nominated, I the said C. D., by and on behalf of the Railway Company, incorporated by the Railway Act, 18-, and I the said E. F., by and on behalf of A. B., of &c., the tenant for life of the lands hereinafter described [as the case may be] to determine by our valuation the purchase-money or compensation to be paid by the said company, for and in respect of the pieces or parcels of land hereinafter described, do declare, that we the said C.D. and E. F., having valued the same pieces or parcels of land [or, having ascertained the permanent damage which hath been and will be occasioned to such lands and to adjacent lands and property belonging to the said A. B. by the said railway], are of opinion, and accordingly do by this our valuation in writing determine, that the sum of £- is the value and shall be paid by the said company for the purchase by them in fee simple in possession, free from all incumbrances, except the land-tax and tithe commutation rent-charge, of the pieces or parcels of land described or referred to in the schedule hereunder written, and the appurtenances to the same premises belonging or in anywise appertaining, [or, that the sum of £- is the compensation-money, and shall be paid by the said company for or in respect of permanent damage and injury which hath been and will be occasioned to the said lands and property adjacent thereto and belonging to the said A. B. by the said railway and the formation thereof.] And we do declare that this our valuation is correct. In witness &c.

The Schedule above referred to.

[Here describe the lands as in Form No. 25, ante, App., 266.]

No. 29.-Bond given by a Railway Company and Two Sureties, to enable the Company to enter on Lands before the Amount of the Com pensation or Purchase money is agreed upon. (8 & 9 Vict. c. 18, 8. 85, 86.)

Railway Company,

Know all men by these presents, that we the incorporated by an act of Parliament intituled "The Railway Act, 184-," and A. B., of &c., and C. D., of &c., are held and firmly bound to E. F. [the owner] of &c., in the sum of £, of lawful money of Great Britain and Ireland, to be paid to the said [owner] or his certain attorney, executors, administrators, or assigns, for which payment well and truly be made, we the said company bind ourselves and our successors; and

(a) If the valuation be made by the surveyor appointed by two justices, this precedent may be easily

adapted, by inserting the necessary recitals.

1

we the said A. B. and C. D. bind ourselves, and each of us, and the heirs, executors, and administrators of ourselves, and each of us, firmly by these presents, sealed with the common seal of us the said company, and with the respective seals of us the said A. B. and C. D. Dated this

in the year of our Lord, 184-.

day of

Whereas, by virtue of the above-mentioned act of Parliament, or of the act or acts of Parliament incorporated therewith, the above-bounden railway company are authorised to purchase and take for the purposes of the said railway, the lands described or referred to in the schedule hereunder written, of which the above-named E. F. is the owner or reputed owner. And whereas notice in writing, bearing date on or about the day of was duly given to the said E. F. [Here shortly recite the notice given by the Company to the owner] And whereas the said E. F., on or about the

day of

last, made his claim in writing, whereby he demanded the sum of £for the purchase by the company, in fee simple in possession, of the said lands, and as compensation to be made for the damage that would be sustained by him by reason of the making of the said railway. And whereas the said company disputed the said claim, and they have requested the said E. F. to abate the same, which he has declined to do, and has refused to treat further with the said company respecting the said premises: And whereas [here recite any steps which may have been taken for the purpose of determining, by arbitration or otherwise, the amount of the compensation] And whereas the said company are desirous of entering upon and using the said lands before the purchase-money or compensation to be paid by them in respect of the same has been agreed upon or settled according to law: Wherefore, in compliance with and obedience to the act or acts of Parliament above mentioned, the said company, on the -day of- last, paid the sum of £, being the full amount claimed by the said E. F. as aforesaid, into the Bank of England, in the name and with the privity of the Accountant-General of the Court of Chancery, to his account there, to the credit of the said E. F., and subject to the control and disposition of the said Court, as appears by the receipt in writing of the cashier of the said Bank. Now, therefore, the condition of the above-written bond is such, that, if the above-bounden company, or their successors, shall hereafter well and truly pay or cause to be paid unto the said E. F., his heirs, executors, or administrators, or deposit in the Bank of England for the benefit of the parties interested in the said lands, as the case may require, under the provisions contained in the said act or acts of Parliament above mentioned, all such purchase-money or compensation as may, in manner in the same act or acts provided, be determined to be payable by the abovebounden company or their successors in respect of the same, together with interest on such purchase-money or compensation, at the rate of 57. per cent. per annum, from the time of the entry of the above-bounden company upon the said lands until such purchase-money or compensation shall be paid to the said E. F., his heirs, executors, or administrators, or be deposited in the Bank for the benefit of the parties interested in the said lands, as the case may require, as aforesaid; then the above-written bond or obligation shall be void, and of no effect, otherwise the same shall be and remain in full force and virtue.

Sealed with the common seal of the said Company,

and sealed and delivered by the said A. B. and

C. D. in the presence of

The Schedule above referred to.

[Here describe the lands as in Form No. 25, ante, App., 266.]

APPENDIX.

FORMS.

Relating to Compensation.

APPENDIX.

FORMS. Relating to Compensation.

No. 30.-Award under the Lands Clauses Consolidation Act, made by an Umpire appointed by the Commissioners of Railways (a). App. (8&9 Vict. c. 18, ss. 25 to 37.)

To all to whom these presents shall come, I A. B., of

London, Surveyor, send greeting:

Strand,

Whereas, under and by virtue of a certain act of Parliament intituled [insert
the title of the special act], and of certain acts of Parliament incorporated
therewith, a certain railway company was incorporated and authorised to make
and maintain a railway from in the county of, to in the county
of
and to purchase and take certain lands which were requisite for the
purposes of the said undertaking. And whereas, under the powers and provi
sions contained in the said acts, or some or one of them, the said company
were authorised to purchase and take for the purposes of the said undertaking,
the lands hereinafter particularly mentioned in the schedule hereunder written,
and described on the plan hereto annexed, and colored green on the said
plan. And whereas C. D. and E. F., of &c., were entitled or claimed to be
entitled to sell and convey and release the said lands to the said company
under the powers and provisions contained in the said acts, some or one of
them. And whereas, on or about the
day of ——————, a. d. 18-, notice

in writing was duly given to the said C. D. and E. F., as being the owners
or reputed owners of the said lands, by the said Company according to the
provisions contained in the said acts, some or one of them, that the above-men-
tioned lands were required to be taken and used for the purposes of the said
railway, and that the said company were willing to treat for the purchase of
the respective interests of them the said C. D. and E. F. therein, 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 in and by
the said notice the said company required the said C. D. and E. F. to deliver
a statement in writing of the particulars of their respective estates and inter-
ests in the said lands, and of the claims made by them respectively in respect
thereof. And whereas, in pursuance of the said last-mentioned notice, the said
C. D. and E. F., on or about the day of, 184-, by a statement in
writing under their hands, informed the said company, that they the said
C. D. and E. F. were seised and possessed to their own use and benefit of an
estate in fee simple in the said lands, and that they claimed the sum of £—
as compensation for their estate and interest in such lands, and for the damage
they might sustain by reason of the execution of the works authorised to be ex-
cuted by the said railway acts; and they the said C. D. and E. F. (the said com-
pany not having then issued their warrant to the sheriff to summon a jury in
respect of the said lands) also signified their desire to the said company to
have the said question of compensation and damage settled by arbitration,
conformably to the direction of the said hereinbefore-mentioned acts, some or
one of them. And whereas they the said C. D. and E. F. and the said com-
pany, did not agree and could not agree, as to the amount of compensation
to be paid as aforesaid, neither did they the said company offer any sum
of money to the said C. D. and E. F., as and for such compensation as
aforesaid (b). And whereas they the said C. D. and E. F. and the said
company did not concur in the appointment of a single arbitrator, where-

(a) This form may easily be adapted to an award made by a single arbitrator, or by two arbitrators appointed under sect. 25, or by an umpire appointed by the two arbitrators under sect. 27. It will be prudent in each case, to state every fact which is necessary to shew jurisdiction.

(b) If a sum of money has been offered by the Company, the amount should be stated, inasmuch as the liability to bear the costs attending th arbitration may depend upon this circumstance. See 8 Vict. c. 18, s. 34; ante, App., 125.

upon the said railway company, in pursuance of the provisions contained in
the said acts, some or one of them, duly nominated and appointed, in writing
under the hands of two of the directors of the said company, H. I. of ——,
-, land
surveyor, to be an arbitrator to whom the question of such compensation as
aforesaid should be referred, and requested the said C. D. and E. F. also to
appoint an arbitrator. And whereas the said C. D. and E. F., in pursuance
of the provisions contained in the said acts, some or one of them, and of the
said request so made as aforesaid, duly nominated and appointed, by writing
under their hands, K. L. of —, land surveyor, as the other arbitrator to whom
the question of such compensation as aforesaid should be referred. And
whereas the said arbitrators, before they entered into the consideration of the
matters so referred to them as aforesaid, duly made and subscribed, in the
presence of a justice duly authorised in that behalf, the declaration re-
quired by the said acts, some or one of them. And whereas the said ar-
bitrators entered upon the matters so referred to them as aforesaid, but did
not, in pursuance of the said acts, some or one of them, nominate and appoint
an umpire to decide on any matters on which they might differ, or which were
referred to them as aforesaid, but on the contrary they the said arbitrators
altogether refused to appoint an umpire within the time prescribed in the said
acts, some or one of them, whereupon the said railway company, on or about
the day of, duly made application in writing to the Right Honoura-
ble and Honourable the Commissioners of Railways, requesting them to
appoint an umpire, in pursuance of the Lands Clauses Consolidation Act,
1845, (being one of the said acts incorporated with the said act intituled
[here state the title of the special act]), and the said commissioners thereupon,
in pursuance of the said request, and of the provisions contained in the said
Lands Clauses Consolidation Act, 1845, by writing under their seal of office,
and signed by of such commissioners, duly appointed me, the before-
mentioned A. B., to be the umpire in the matter of the said arbitration.
And whereas the said arbitrators, by reason of a difference between them, failed
to make their award within twenty-one days after the day on which the last of
the said arbitrators was appointed, and no extended time was appointed by
them for the purpose of making their award, whereby the matters referred to
the said arbitrators as aforesaid, and on which they so differed, duly came before
me, as umpire: Now know ye that I the said A. B., having taken upon me
the burthen of making the said award, and having, before taking into con-
sideration any of the matters referred to me, duly made and subscribed, in the
presence of a justice duly authorised in that behalf, the declaration required by
the said acts, some or one of them, and which said declaration is hereunto
annexed; and having been attended by the said arbitrators, and by the said
parties and their witnesses, and having also viewed the said lands, and having
also in making this my award regarded not only the value of the land to be
purchased or taken, as aforesaid, by the said company from the said C. D.
and E. F., but also the damage to be sustained by them by reason of the
severing the said lands taken, from the other lands of the said C. D. and
E. F., or otherwise injuriously affecting such other lands by the exercise by
the said company, of the powers contained in the said acts, or either of them;
do make this my award in writing concerning the premises, in manner and
form following, that is to say, I do award, decide, order, and determine that
the said company shall pay the sum of £- for the absolute purchase of
the fee simple in possession, free from incumbrances (save and except the
land-tax and tithe commutation rent-charge), of all those pieces or parcels
of land particularly mentioned and described in the said schedule hereunder
written, and also delineated in the said plan hereunto annexed, and numbered
respectively 2, 3, 4, 6, &c. to 18, on the said plan, and colored green; and
also for the purchase of all and every the estate, right, share, interest, or
charge of them the said C. D. and E. F., and each of them, in, upon, or
affecting the said lands, or any part thereof, or which they the said C. D. and
E. F., or either of them, are or is by the said acts, any or either of them,

APPENDIX.

FORMS. Relating to Compensation.