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TO A LOCAL
9. Witness also appointment of arbitrators.
10. Company to furnish arbi
trators with particulars of the property, rights, and title of the Company.
11. Arbitrators to fix price.
how to be conducted.
now due and owing and which may hereafter become due to the said Company).
2. For the purpose of fixing and determining the price to be paid by the said Local Board of Health for the Borough of Dale to the said Dale Waterworks Company for the purchase of the property and premises aforesaid, the said parties hereto of the first part, at the request of the said Local Board of Health, and in pursuance of the provisions of the Public Health Act, 1848, hereby appoint G. H., of, &c., to be an arbitrator in the premises: And the said Local Board of Health for the Borough of Dale, on the request of the said parties hereto of the first part, and in pursuance of the provisions of the Public Health Act, 1848, hereby appoint I. K., of, &c., to be an arbitrator in the premises.
3. The parties hereto of the first part shall, when and so soon as they shall be required by the said arbitrators or either of them, and to their satisfaction, furnish to each of them correct and proper particulars in writing of the said waterworks, property, rights, powers, privileges, and premises hereby agreed to be sold, and of the nature of the right, title, and interest of the said parties hereto of the first part therein and thereto.
4. The arbitrators or their umpire (d) shall fix, determine, and award the price which shall be paid to the said Dale Waterworks Company by the said Local Board of Health for the purchase of all the waterworks, property, rights, privileges, easements, and premises hereinbefore agreed to be sold, and for all the estate, right, title, and interest of the said Dale Waterworks Company therein, whatsoever they may be at the date of these presents.
5. The arbitration shall be conducted under the
(d) It is unnecessary to insert in the agreement any provision for appointing an umpire, since, in cases where there is more than one arbitrator, the Public Health Act (s. 125), renders it imperative on the arbitrators to appoint an umpire, and empowers the umpire to make a final award if the arbitrators neglect to make one within a limited period.
SALE OF WATERWORKS TO A LOCAL BOARD OF
provisions of, and the arbitrators and their umpire shall PRECEDENT XI. have all the duties and powers conferred by the Public Health Act, 1848: And the several sections of the same Act numbered 123 to 128, both inclusive, shall in all respects apply to the said arbitration and bind the parties hereto, their successors, heirs, executors, administrators, and assigns.
to be made.
6. The award of the said arbitrators or their umpire 13. Award, how shall be made in writing, and two copies thereof shall be duly made and signed by them or him, and one of such copies shall be given to the said Company or their solicitor, and the other to the said Local Board of Health or their solicitor.
7. The purchase shall be completed, and the purchase-money become payable, and shall either be paid or shall be sufficiently secured to the said Company by the said Local Board of Health at the expiration of one calendar month from and after the day on which the said award shall be made; at which period the said Local Board of Health shall be let into possession of the said waterworks, property, rights, and premises, and into the receipt of the rents and profits thereof, and shall then and thenceforth assume and retain all the privileges, duties, powers, and liabilities of the said persons, parties hereto of the first part, as such Waterworks Company as aforesaid: And up to the period aforesaid the said parties hereto of the first part shall continue in possession of the said waterworks, property, rights, and premises, and in the receipt of the rents and profits, and shall pay and defray all outgoings in respect thereof, and maintain, uphold, and keep the same in their present state and condition; and if from any cause whatsoever the said purchase shall not be completed at the period aforesaid, the said Local Board of Health shall pay to the said Company interest at the rate of 4 per cent. per annum on the sum awarded for the purchase-money from the period aforesaid until the completion of the said purchase. 8. The purchase-money and all interest which may accrue in respect thereof shall, as and when the same
14. Purchase to
the end of a month after the
be completed at
15. Purchasemoney, how to be paid.
PRECEDENT XI. shall become payable, be paid by the said Local Board of Health to the persons entitled thereto or into the Bank of England, in conformity with the Lands Clauses Consolidation Act, 1845, as the case may require.
TO A LOCAL
16. Company to
17. As to costs.
9. On payment in manner aforesaid of the said purchase-money and all interest which may have become due for the same, the said parties hereto of the first part and all other necessary parties shall execute all proper and reasonable conveyances and assignments of the said waterworks, property, rights, and premises hereby agreed to be sold (such conveyances and assignments to be prepared by and at the expense of the said Local Board); but such of the conveying parties as are trustees only and not beneficially entitled shall not be required to enter into any personal covenants in respect thereof, either for title or otherwise, except the usual covenant that they have not incumbered.
10. The costs of preparing and executing these presents shall be borne by the said Company and the said Local Board of Health in equal shares, and the costs of the said arbitration shall be in the discretion and shall be paid according to the award of the said arbitrators or their umpire (e). IN WITNESS whereof the said parties hereto of the first part have hereunto set their hands and seals, and the said Local Board of Health have hereunto set their common seal (f) the day and year first above written.
(e) Submissions to arbitration under the Public Health Act may be made rules of Court.
(ƒ) In the case of the agreement from which the Precedent in the text is taken, the Local Board was the Corporation of the borough and had a common seal, but it seems to be very doubtful if the local board of a non-corporate district is a corporation: see Ex parte Local Board of Health of Llanelly, 22 L. J., Chanc., 419; 17 Jur. 107; 20 L. T. 321. It appears to be proper that agreements made by the local board of a non-corporate district should be in writing, under their seal and the hands of five at least of the members: see Public Health Act, s. 149.
AGREEMENT for a PURCHASE to be made under the PRECedent XII. DIRECTION of the COURT OF CHANCERY, with FUNDS
AN AGREEMENT, made the
UNDER THE DIRECTION OF THE COURT OF
between A. B., of, &c., and C. D., of, &c., of the first 1. Parties.
Whereas the said A. B. and C. D. claim to be seised
of the Act]," and subject to be sold under the direction of
2. Recital of title to all the undivided shares but one;
-and of title to that share;
and of a certain consent being required;
of a fund being in the Court of
and being subject to be sold, and the
PRECEDENT XII. the said Court, upon a petition by the said N. O. and P. Q., to the intent that the money to be produced by such sale may be applied under the direction of the said Court, in the purchase of houses, lands, tenements, and hereditaments, to be conveyed and settled to and upon certain uses and trusts in strict settlement limited and declared by the will of Y. Z. NOW, they the said A. B. and C. D., so far as relates to the said ten-eleventh shares of or to which they claim to be seised or entitled as aforesaid, and the said E. F., G. H., and I. K., so far as relates to the one-eleventh share of or to which they claim to be seised or entitled as aforesaid, and with the consent of the said L. M. (testified by this writing under his hand), hereby agree with the said N. O. and P. Q., and the said N. O. and P. Q. hereby agree with the said A. B., C. D., E. F., G. H., and I. K., in manner following (that is to say):
4. For purchase, with the appro- i bation of the Court of Chancery, of property
described in a schedule.
5. Purchasers to obtain approbation of Court, and purchase to be void if it be not obtained, and
purchasers to pay expenses.
1. Subject to the direction and approbation of the Court of Chancery, to be obtained as hereinafter mentioned, the said A. B., C. D., E. F., G. H., and I. K. shall sell, and the said N. O. and P. Q., on behalf of the estate of the said Y. Z., shall purchase the fee simple in possession of the manors, messuages, farms, lands, tenements, and hereditaments specified or referred to in the said schedule hereto, and the timber growing thereon, and with the actual and reputed rights, easements, and appurtenances, free from incumbrances, except an annual Crown rent of £
per annum, payable out of the said premises, and except the liability, in the said schedule mentioned, of part of the said premises to bear one-half of the expense of the sluice or embankment against the sea AT THE PRICE of £, to be paid out of moneys to be produced by a sale of the said sum of £3 per Cent. Bank Annuities.
2. The purchasers shall forthwith, at their own cost, apply for and endeavour to obtain the approbation of the Court of Chancery to the present contract; and in case such approbation shall not be obtained before the day of, 18, the present contract shall be void; and