« EelmineJätka »
SALE TO A RAIL-
Company, and in case they shall be unable to agree, then PRECEDENT X. to an umpire to be appointed according to the ninth section of the Lands Clauses Consolidation Act, 1845, to assess, fix, and award the amount of the rent-charge TION OF A RENTwhich agreeably to the ninth, tenth, and eleventh sections of the Lands Clauses Consolidation Act, 1845, and the second and fourth sections of the Lands Clauses Consolidation Acts Amendment Act, 1860 (c), shall be payable and paid by the Company for the purchase of the said premises, and for the compensation mentioned in the first clause of this agreement.
3. The rent-charge shall commence from the day of next, unless the Company shall sooner take possession of the premises, or some part thereof, and in the latter case from the time when the Company shall take such possession, and shall be reserved and made payable half-yearly on the day of, and the
day of, and shall be charged and recoverable in the manner specified in the eleventh section of the Lands Clauses Consolidation Act, 1845. The whole, or, as the case may require, a proportionate part of the first half-yearly payment of the rent-charge shall be made on such of the half-yearly days aforesaid as shall first occur after the day of next, or after any earlier day on which the Company shall take such possession as
7. Dates of commencement and
payment of rent
be shown by vendor and com
pletion of pur
4. The said A. B. will within twenty-one days from 8. As to title to the date hereof, send to the Company's solicitors an abstract of the title to the said premises, commencing with the will of G. H., dated the day of, and chase. shall not, unless required, and then only to the extent required, show the earlier title. The purchase shall be completed on the next, and the said A. B. will enter into a covenant for production during his life of such deeds and muniments of title as are in his custody, and the usual limited covenants for title by a tenant for life.
(c) 23 & 24 Vict. c. 106.
SALE TO A RAIL-
TION OF A RENT-
5. The Company may at any time hereafter take possession of the said premises on giving seven days' previous notice in writing to that effect to the said A. B.
6. The Company will make satisfaction for all tenant rights existing in the land and premises. The 9. Company may land tax and tithe rent-charge shall be apportioned at the cost of the Company between the said premises and the 10. Company to other land of the said A. B. now charged therewith.
and tithe to be apportioned.
7. The said arbitrators, and in case of difference, the said umpire, shall determine what works rendered 11. Arbitrators necessary by the construction of the railway or works of the Company shall be executed by the Company for the accommodation of the said A. B., or for the better enjoy. ment of his property.
to decide on accommodation
12. Costs according to Act to be
paid by Company.
8. The Company shall pay all the costs and expenses of and incidental to the said sale and purchase, and the conveyance of the premises (including the costs of a duplicate of the conveyance to be held by the said A. B.), according to the provisions of the Lands Clauses Consolidation Act, 1845, applicable to purchases of land by agreement. IN WITNESS, &c.
PRECEDENT XI. AGREEMENT between a LOCAL BOARD of HEALTH
SALE OF WATER
WORKS TO A
LOCAL BOARD OF
and a WATERWORKS COMPANY for the PURCHASE
of WATERWORKS under the PROVISIONS of the PUBLIC HEALTH ACT, 1848 (a).
AN AGREEMENT, made the
(a) 11 & 12 Vict. c. 63. This Act is applicable to lands and streams in the same way as the Lands Clauses Consolidation Act is to lands, and the diversion of a stream is a taking and using of it within the Lands Clauses Consolidation Act. Ferrand v. Bradford Corporation, 21 Beav. 412.
SALE OF WATERWORKS
TO A LOCAL
the several shareholders of and in a certain Company PRECEDENT XI. called or known by the name of "The Dale Waterworks Company" of the one part, and the Local Board of Health for the Borough of Dale, established under and by virtue of the Public Health Act, 1848, of the other part: WHEREAS the said Dale Waterworks Company 2. Recites Act establishing the have, by virtue of the powers given by an Act of Par- waterworks; liament passed in the 14th year of the reign of King George the Third, intituled "An Act for supplying the Town and Borough of Dale with fresh and wholesome water," established waterworks within the Borough of Dale aforesaid, and have purchased, taken on lease or agreed to take on lease, or otherwise acquired divers tenements, hereditaments, powers, and privileges for the purposes of and connected with their said waterworks, and also divers springs, streams, and sources of water in addition to the springs mentioned in their said Act
of Parliament, and have constructed reservoirs and tanks, and construction and have made watercourses and conduits, and have laid of works. down main and other pipes with stopcocks, valves, and other apparatus, and in and about the matters aforesaid have expended large sums of money and derive a considerable and increasing income therefrom: AND WHEREAS 3. The Company the said Company have by means of their said waterworks supply the (which are the only waterworks within the borough of water. Dale aforesaid) for many years past supplied and now continue to supply the said borough or some part thereof with water pursuant to the said last-mentioned Act, and have from time to time enlarged their said works and increased their supply of water; AND WHEREAS the said Local Board of Health for the Borough of Dale, being desirous of constructing or laying down waterworks within the said borough under the powers of the Public Health Act, 1848, gave notice in writing to the said Dale Waterworks Company, stating the purposes for and the extent to which water was required by the said Local Board, and thereupon the said Company declared that they were, or within a short period would be able to lay on water sufficient for all reasonable purposes for which it was
4. The Local
Board of Health
desire to take the water supply into
their own hands.
TO A LOCAL
PRECEDENT XI. required by the said Local Board (b): AND WHEREAS, in order to avoid all occasion of contention or dispute between the said Company and the said Local Board, and to enable the said Local Board to carry into effect its said desire of establishing waterworks, the said parties 5. Company con- hereto of the first part have consented to sell and dispose of their said waterworks to the said Local Board: NOW THESE PRESENTS WITNESS as follows:
sents to sell the
7. Agreement for sale and purchase
at a price to be fixed by arbitration.
1. The parties hereto of the first part, by virtue of the powers and authorities given by and contained in The Public Health Act, 1848," and "The Lands Clauses Consolidation Act, 1845," and of every other power and authority enabling them in this behalf, hereby contract and agree to sell and dispose of to the said Local Board of Health for the Borough of Dale at such price as shall be fixed by the arbitration and award hereinafter provided for, And the Local Board of Health for the Borough of Dale, by virtue of the powers and authorities given by and contained in the said two last-mentioned Acts of Parliament and of every other power and authority enabling them, and with the approval of the General Board of Health in writing under their seal and the hands of two of the members thereof (c), hereby contract and agree to purchase, at the price which shall be so fixed, The Dale Waterworks, with their appurtenants, and all the rights, powers, and privileges granted by the said Act of Parliament of the 14th year of the reign of King George the Third, of taking and using the several springs of water mentioned in the same Act, and of
(b) The 75th section of the Public Health Act empowers local boards to purchase and take on lease waterworks, and also empowers, waterworks companies to sell their works; but it provides, that, before establishing works of their own within the territory of an existing waterworks company, the local board shall give the company such a notice as that referred to in the text, and shall not be at liberty to construct waterworks within that territory, so long as the company shall be able and willing to lay on water proper and sufficient for all reasonable purposes, and upon reasonable terms.
(c) See Public Health Act, ss. 75, 149.
TO A LOCAL
making reservoirs, drains, and aqueducts, and of sup- PRECEDENT XI. plying water, and all other the rights, powers, and privileges granted by the said Act as the same are now subsisting in and capable of being exercised by the said Company; And also all the works, reservoirs, drains, aqueducts, watercourses, conduits, main, service and other pipes, water-valves, air-vessels, stop-cocks, engines, apparatus, implements, utensils, and plant of every description, which have been made, constructed, laid down, fixed, or acquired by the said Company under the powers or for the purposes of the said Act of the 14th year of the reign of King George the Third, or otherwise howsoever, as the same now belong to or are used or held by the said Company; And also all the freehold and leasehold messuages, lands, tenements, and hereditaments, and all the rights, powers, privileges, and easements, which either have been purchased or taken on lease, or have been agreed to be purchased or taken on lease, or have been otherwise acquired by and are now held by or belong to the said Company, at and upon the terms, and for all the estate, right, title, and interest on and for which the said Company is now seised or possessed of or entitled to or interested in the same respectively, including therein-The house for the waterman or turncock at the reservoir No. 1, in lane in Dale aforesaid; The said reservoir No. 1; The reservoir No. 2, atwith the watercourses, pipes, drains, and apparatus connected therewith respectively; The right or privilege of conducting, taking, and using several springs of water rising in and issuing out of the estate of L. M. Esq., at; The rights or privileges of using and repairing the said two reservoirs, and of taking or using the water overflowing from the railway tank in, and of conducting the same into Dale by means of pipes laid in the drains and on or under the bridges of the Railway; And all the leases, agreements for leases, and contracts, and all other whatsoever the property and effects, rights, and privileges of the said Company (except only the rents, rates, sums of money, debts, and credits