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THE

Law of Compensation,

BEING A

COLLECTION OF ALL THE PUBLIC GENERAL ACTS

RELATING TO

COMPULSORY PURCHASE OF AND INTERFERENCE WITH LAND,

WITH

Notes of all the Cases thereon.

ALSO THE STATUTORY PROVISIONS SPECIALLY APPLICABLE TO
LONDON ; WITH REPORTS OF CASES, AND A FULL
SERIES OF PRECEDENTS.

BY

J. H. BALFOUR BROWNE,

Of the Middle Temple, Esq., one of His Majesty's Counsel,

AND

CHARLES E. ALLAN, M.A., LL.B.,
Of the Inner Temple, Esq., Barrister-at-Law.

Second Edition.

LONDON:

BUTTERWORTH & CO.,

SHAW & SONS,

12, BELL YARD, TEMPLE BAR, W.C. 7 & 8, FETTER LANE, E.C.

Law Printers and Publishers.

LONDON:

PRINTED BY BUTTERWORTH & CO., CRANE COURT, E.C.

PREFACE

TO THE SECOND EDITION.

N the Preface to the First Edition of this Work

IN

we said that it contained a complete collection of all the general statutory provisions relating to the acquisition of land by corporations, councils, and companies, and to the compensation to be paid to owners for the injury to their lands by the construction of works carried out by such public bodies. It was, too, up to July, 1895, a full record of all the cases which bore upon the Law of Compensation.

Since the original Edition was written over two hundred cases have been reported which bear directly and indirectly upon the subject matter of the book, while Parliament in the interval has also passed some seven or eight statutes relating thereto. These facts show conclusively that there is still much work to be done by the Legal Profession and others in connection with the compulsory acquisition of land and the compensation of persons injuriously affected. We are assured that the First Edition has proved useful, we hope that the present Edition-which contains,

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we believe, the whole law in connection with this important subject-may be of equal or more service to the Profession.

The arrangement adopted in the First Edition has been adhered to. The Lands Clauses Consolidation Act, 1845, which may be regarded as the foundation of the modern Law of Compensation, has been placed. first, the later Acts following in chronological order. The few statutes passed prior to 1845, which are still in force, have been placed in the Appendix, and also those which relate more particularly to London. In the Notes to the Lands Clauses Consolidation Act, 1845, the Authors have endeavoured to state clearly both the principles and the practice relating to the recovery of compensation, while the notes to the later Statutes deal with the cases decided under their special provisions, cross references being given.

Among the new Statutes relating to this subject are the Light Railways Act, 1896, the Housing of the Working Classes Acts, 1900 and 1903, the Railways (Electrical Power) Act, 1903, and sundry Acts giving additional powers to the Admiralty and War Office to take or interfere with land. There has also been a new departure in regard to compensation for injurious affection in connection with "tube railways"; the clause sanctioned by Parliament is set out in the notes to section 68 of the Lands Clauses Consolidation Act, 1845. Among other additional matter will

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