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only of Lands
taken the Rent
Appendix and elsewhere of the Facts therein stated, but not so as to exclude any
No. 6. other Evidence of the same Facts.
8 Vic. c. 18. And with respect to Lands subject to Leases, be it enacted as Leases. follows:
CXIX. If any Lands shall be comprised in a Lease for a Term of Where Part Years unexpired, Part only of which Lands shall be required for the under Lease Purposes of the special Act, the Rent payable in respect of the Lands to be apportioned comprised in such Lease shall be apportioned between the Lands so required and the Residue of such Lands; and such Apportion ment may be settled by Agreement between the Lessor and Lessee of such Lands on the one Part, and the Promoters of the Undertaking on the other Part; and if such Apportionment be not so settled by Agreement between the Parties, such Apportionment shall be settled by Two Justices; and after such Apportionment the Lessee of such Lands shall, as to all future accruing Rent, be liable only to so much of the Rent as shall be so apportioned in respect of the Lands not required for the Purposes of the special Act; and as to the Lands not so required, and as against the Lessee, the Lessor shall have all the same Rights and Remedies for the Recovery of such Portion of Rent as previously to such Apportionment he had for the Recovery of the whole Rent reserved by such Lease ; and all the Covenants, Conditions, aud Agreements of such Lease, except as to the Amount of Rent to be paid, shall remain in force with regard to that part of the Land which shall not be required for the Purposes of the special Act, in the same Manner as they would have done in case such Part only of the Land had been included in the Lease.
CXX. Erery such Lessee as last aforesaid shall be entitled to receive Tenants to be from the Promoters of the Undertaking Compensation for the Damage compensated. done to him in his Tenancy by reason of the Severance of the Lands required from those not required, or otherwise by reason of the Execution of the Works.
be made to
CXXI. If any such Lunds shall be in the Possession of any Person Compensation to having no greater Interest therein than as Tenant for a Year or from Tenants at Will, Year to Year, and if such Person be required to give up Possession of any Lands so occupied by him before the Expiration of his Term or Interest therein, he shall be entitled to Compensation for the Value of his unexpired Term or Interest in such Lands, and for any just Allowance which ought to be made to him by an in-coming Tenant, and for any Loss or Injury he may sustain, or, if a Part only of such Lands be required, Compensation for the Damage done to him in his Tenancy by severing the Lands held by him or otherwise injuriously affecting the same; and the Amount of such Compensation shall be determined by Two Justices, in case the Parties differ about the same; and upon
Payment or Tender of the Amount of such Compensation all such 8 Vic. c. 18. Persons shall respectively deliver up to the Promoters of the Under
taking, or to the Person appointed by them to take possession thereof, any such Lands in their Possession required for the Purposes of the special Act.
Where greater CXXII. If any Party, having a greater Interest than as Tenant at Interest claimed than from Year Will, claim Compensation in respect of any unexpired Term or Interest to Year, Lease to be produced. under any Lease or Grant of any such Lands, the Promoters of the Un
dertaking may require such Party to produce the Lease or Grant in respect of which such Claim shall be made, or the best Evidence thereof in his Power; and if, after Demand made in Writing by the Promoters of the Undertaking, such Lease or Grant, or such best Evidence thereof, be not produced within Twenty-one Days, the Party so claiming Compensation shall be considered as a Tenant holding only from Year to Year, and be entitled to Compensation accordingly.
Promoters of the
powered to purchase Interests in Lands the
of may have been omitted
Limit of Time CXXIII. And be it enacted, That the Powers of the Promoters of for compulsory Purchase. the Undertaking for the compulsory Purchase or taking of Lands for
the Purposes of the special Act shall not be exercised after the Expiration of the prescribed Period, and if no Period be prescribed not after
the Espiration of Three Years from the passing of the special Act. Interests
And with respect to Interests in Lands which have by Mistake been omitted to be purchased.
omitted to be purchased, be it enacted as follows :
CXXIV. If, at any Time after the Promoters of the Undertaking Undertaking em- shall have entered upon any Lands which under the Provisions of this
or the special Act, or any Act incorporated therewith, they were Purchase where- authorized to purchase, and which shall be permanently required for
the Purposes of the special Act, any Party shall appear to be entitled by Mistake.
to any Estate, Right, or Interest in or Charge affecting such Lands which the Promoters of the Undertaking shall through Mistake or Inadvertence have failed or omitted duly to purchase or to pay Compensation for, then, whether the Period allowed for the Purchase of Lands shall have expired or not, the Promoters of the Undertaking shall remain in the undisturbed Possession of such Lands, provided, within Six Months after Notice of such Estate, Right, Interest, or Charge, in case the same shall not be disputed by the Promoters of the Undertaking, or in case the same shall be disputed then within Six Months after the Right thereto shall have been fiually established by Law in favour of the Party claiming the same, the Promoters of the Undertaking shall purchase or pay Compensation for the same, and shall also pay to such Party, or to any other Party who may establish a Right thereto, full Compensation for the mesne Profits or Interest which would have accrued to such Parties respectively in respect
such Lands to be
Appendix thereof during the Interval between the Entry of the Promoters of No. 6. the Undertaking thereon and the Time of the Payment of such 8 Vic. c. 18. Purchase Money or Compensation by the Promoters of the Undertaking, so far as such mesne Profits or Interest may be recoverable in Law or Equity; and such Purchase Money or Compensation shall be agreed on or awarded and paid in like Manner as according to the Provisions of this Act the same respectively would have been agreed on or awarded and paid in case the Promoters of the Undertaking had purchased such Estate, Right, Interest, or Charge before their entering upon such Land, or as near thereto as Circumstances will admit.
CXXV. In estimating the Compensation to be given for any such How Value of last-mentioned Lands, or any Estate or Interest in the same, or for any estimated. mesne Profits thereof, the Jury, or Arbitrators, or Justices, as the Case may be, shall assess the same according to what they shall find to have been the Value of such Lands, Estate or Interest, and Profits, at the Time such Lands were entered upon by the Promoters of the Undertaking, and without regard to any Improvements or Works made in the said Lands by the Promoters of the Undertaking, and as though the Works had not been constructed. CXXVI. In addition to the said Purchase Money, Compensation, Promoters of
the Undertaking or Satisfaction, and before the Promoters of the Undertaking shall become absolutely entitled to any such Estate, Interest, or Charge, or to have the same merged or extinguished for their Benefit, they shall, when the Right to any such Estate, Interest, or Charge shall have been disputed by the Company, and determined in favour of the Party claiming the same, pay the full Costs and Expenses of any Proceedings at Law or in Equity for the Determination or Recovery of the same to the Parties with whom any such Litigation in respect thereof shall have taken place; and such Costs and Expenses shall, in case the same shall be disputed, be settled by the proper Officer of the Court in which such Litigation took place.
(a.) And with respect to Lands acquired by the Promoters of the Undertaking under the Provisions of this or the special Act, or any superfluous Act incorporated therewith, but which shall not be required for the Land. Purposes thereof, be it enacted as follows:
CXXVII. Within the prescribed Period, or if no Period be pre- Lands not wanted scribed within Ten Years after the Expiration of the Time limited by to be cold, or in the special Act for the Completion of the Works, the Promoters of the
to pay the Costs of Litigation as to such Lands.
(e.) The clauses with respect to the "sale of superfluous land” are not incorporated with the Cheltenham Act, but are not excepted in the general incorporating sections of the Public Baths and Wash-houses Amendment Act and the Labouring Classes Lodging Houses Act, ante, appendix, pages 214 and 231, see observations, page 290, appendix, ante.
Owners of ad
Lands to be offered to Owner of Lands from
No. 6 Undertaking shall absolutely sell and dispose of all such superflous 8 Vic. c. 18. Lands, and apply the Purchase Money arising from such Sales to the
of the special Act; and in default thereof all such superflous joining Lands.
CXXVIII. Before the Promoters of the Undertaking dispose of any
such superfluous Lands, they shall, unless such Lands be situate which they were originally taken, within a Town, or be Lands built upon or used for Building Purposes, or to adjoining
first offer to sell the same to the Person then entitled to the Lands (if any) from which the same were originally severed; or if such Person refuse to purchase the same, or cannot after diligent Inquiry be found, then the like Offer shall be made to the Person or to the several Persons whose Lands shall immediately adjoin the Lands so proposed to be sold, such Persons being capable of entering into a Contract for the Purchase of such Lands; and where more than one such Person shall be entitled to such Right of Pre-emption such Offer shall be made to such Persons in succession, one after another, in
such order as the Promoters of the Undertaking shall think fit. Right of Pre- CXXIX. If any such Persons be desirous of purchasing such Lands, emption to be claimed within then within Six Weeks after such Offer of Sale they shall signify their Six Weeks.
Desire in that Behalf to the Promoters of the Undertaking, or if they decline such Offer, or if for Six Weeks they neglect to signify their Desire to purchase such Lands, the Right of Pre-emption of every such Person so declining or neglecting in respect of the Lands included in such Offer shall cease; and a Declaration in Writing made before a Justice by some Person not interested in the Matter in question, stating that such Offer was made and was refused or not accepted within Six Weeks from the Time of making the same, or that the Person or all the Persons entitled to the Right of Pre-emption were out of the Country, or could not after diligent Inquiry be found, or were not capable of entering into a Contract for the Purchase of such Lands, shall in all Courts be sufficient Evidence of the Facts therein stated.
CXXX. If any Person entitled to such Pre-emption be desirous of by Arbitration. purchasing any such Lands, and such Person and the Promoters of the
Undertaking do not agree as to the Price thereof, then such Price shall be ascertained by Arbitration, and the Costs of such Arbitration shall be in the Discretion of the Arbitrators.
CXXXI. Upon Payment or Tender to the Promoters of the Underveyed to the Purchasers,
taking of the Purchase Money so agreed upon or determined as aforesaid, they shall convey such Lands to the Purchasers thereof, by Deed under the Common Seal of the Promoters of the Undertaking, if they
Differences as to
Lands to be con
Appendix be a Corporation, or if not a Corporation under the Hands and Seals
No. 6. of the Promoters of the Undertaking, or any Two of the Directors or 8 Vic. c. 18. Managers thereof acting by the Authority of the Body; and a Deed so executed shall be effectual to vest the Lands comprised therein in the Purchaser of such Lands for the Estate which shall so have been purchased by him; and a Receipt under such Common Seal, or under the Hands of Two of the Directors or Managers of the Undertaking as aforesaid, shall be a sufficient Discharge to the Purchaser of any such Lands for the Purchase Money in such Receipt expressed to be received CXXXII. In every Conveyance of Lands to be made by the Pro- Effect of the
Word “grant" moters of the Undertaking under this or the special Act the Word
in Conveyances. "grant,” shall operate as express Covenants by the Promoters of the Undertaking, for themselves and their Successors, or for themselves, their Heirs, Executors, Administrators, and Assigns, as the Case may be, with the respective Grantees therein named, and the Successors, Heirs, Executors, Administrators, and Assigns of such Grantees, according to the Quality or Nature of such Grants, and of the Estate or Interest therein expressed to be thereby conveyed, as follows, except so far as the same shall be restrained or limited by express Words contained in any such Conveyance; (that is to say,) A Covenant that, notwithstanding any Act or Default done by the
Promoters of the Undertaking, they were at the Time of the
occasioned by them:
Executors, Administrators, and Assigns, as the Case may be,)
created by the Promoters of the Undertaking :
such Grantee, his Heirs, Successors, Executors, Administrators,
under them :