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In the year 1868 the defendants compelled the writ was issued and before the case the occupiers to pay rents in respect of the

was stated. lands so occupied, and such rents have since been paid and received. In the same year

CASE. a road was made by the side of the field by 1. By the Berks and Hants Railway the defendants and S., by means of which Š. Act, 1845, the Berks and Hants Railhad access to land belonging to him, and way Company were incorporated for the which was also useful to the defendants as purpose of making and maintaining a forming a shorter and more commodious railway from or near the town of Read. way to their station; and in 1869 a coal ing to the towns of Newbury and Hunsiding was extended into part of the field. gerford in the county of Berks, and

By a special Act of the year 1861, it was another railway diverging from the said provided that the time limited " for the sale last-mentioned railway, to join the South of superfluous lands belonging to and vested Western Railway at or near Basingstoke, in the company within the several parishes in the county of Southampton. enumerated in the schedule to this Act an- 2. By section 34 of the said Act, it nexed shall be, and the same are hereby was enacted that the powers of the comextended to the further period of seven years pany for the compulsory purchase of from the passing of this Act."

lands for the purposes of that Act, should By another special Act of the year 1868, not be exercised after the expiration of it was provided that the company may, three years from the passing of that notwithstanding anything to the contrary in Act; and by section 35, that the railway the Lands Clauses Consolidation Act, 1845, should be completed within five years or in any Act relating to the company, Sc., from the passing of that Act, and on the retain and hold any lands belonging to expiration of such period, the powers of them in the parishes enumerated in schedule that or the recited Acts granted to the A to this Act, and which have not yet been company for executing the railway, or applied to the purposes of the company, for otherwise, in relation thereto, should the period of ten years after the passing of cease to be exercised, except as to so this

Act, 8c.The parish of B. was one of the much of the said railway as should then parishes enumerated in the respective sche- be completed. This Act received the dules to the above mentioned special Acts. royal assent on the 30th of June, 1845 ;

There being no prescribed period within the time for completion of the railway as which the defendants were bound to sell prescribed by that Act therefore expired superfluons lands, the period of ten years on the 30th of June, 1850. mentioned in section 127 would apply to 3. By an Act passed in the 9th year lands not required by them for the purposes

of the reign of Her present Majesty, of the railway :-Held, in ejectment brought 9 Vict. c. 14, the Berks and Hants Railby the owner of land adjoining to recover way was vested in the Great Western porsexsim of a part of this field so let out Railway Company, with all rights, powers, for gardens, 8c., that it was land acquired privileges, and liabilities incident thereto. by the promoters under the provisions of This Act received the royal assent on the the Act of Parliament; that it was super

14th of May, 1846. fluous land which they were bound to sell 4. At and prior to the time of the and dispose of within ten years after the giving of the notices by the defendants 30th of June, 1850; that as they had not hereinafter mentioned, the piece of land done so, it had in 1860 become the property sought to be recovered in this action of the plaintif ; thut the special Acts of 1861 formed, together with certain other land and 1868 above referred to did not destroy on part of which the defendants' line, his right; and that he could recover it in station, and other works, have since been the action.

constructed, field containing 15a. Or. 33p., which

then the proThis was a case stated in an action of perty of Jane May, John Simonds, and ejectment brought, as tenants in common, Charles Simonds. by two plaintiffs, one of whom died after 5. The whole of the said field, conNew Sexies, 41.-Q.B.

P

was

taining 15a. Or. 33p., was included in parties, may, if necessary, refer to this the plans and book of reference de- deed. posited in the office of the clerk of the 9. Immediately upon the completion of peace for the county of Southampton the said purchase, the defendants took and referred to by the first-mentioned possession of the said field, and upon Act, but the whole of the said field was a portion thereof, containing 5a. Or. not included within the limits of devia- 33 p., or thereabouts, constructed in tion delineated on the said plan, a part the said line of railway, together narrow strip at the northern end of with a station and other works connected the said field being on the deposited with the said railway, the land used for plan beyond the line indicating the limits such purposes being at the southern end of deviation.

of the said field, and upon part of the 6. By a notice dated the 11th of remainder of the said field they deposited March, 1846, given pursuant to the pro- chalk and other spoil, which, in making visions of the several Acts of Parliament the said railway, was excavated from a herein before referred to, the defendants cutting near the said field, and in order required the said Jane May, John Simonds, to provide and for the

purpose

of proand Charles Simonds, to treat with them, viding a place for depositing the chalk and the defendants, for the purchase by spoil from the said cutting, the company the defendants of 3a. 1r. 4p., part of purchased the whole of the said field the said field, for the purposes of the instead of purchasing only a portion said railway, and it was agreed that the thereof. value of the same should be settled by 10. The said station constructed by the arbitration, and the same was accord said company on the said field is a terminal ingly referred to Mr. William Henry station, and is situated at the junction Fuller, who by his award dated the with the London and South Western 22nd of August, 1846, fixed the value Railway at Basingstoke. thereof at the sum of 5711, 78. Od.

11. The chalk and spoil so deposited 7. By another notice dated the 5th of still remain where they were deposited, on November, 1846, given pursuant to the the said part of the said field, and in some provisions of the several Acts of Parlia- places they are in mounds, and in depth ment hereinbefore referred to, the de- vary from about one foot at the edges to fendants required the said Jane May, eight or nine feet where there are mounds. John Simonds, and Charles Simonds, to 12. After the said chalk and spoil had treat with them for the remainder of the been deposited, and the railway opened, said field, for the purposes of the said the company allowed their servants and railway, and the value thereof was sub- persons employed by the company to sequently agreed between the parties at occupy the portion of the said field not 1,7601. 'In both the said notices it was used for the station, as gardens, and for stated that the land was required by the other purposes, and in one or two in. Great Western Railway, for the purposes stances, persons not servants of or emof the Berks and Hants Railway.

ployed by the company were in the occu8. By an indenture dated the 12th of pation of parts of the field, and on one or May, 1847, made between the said Jane two occasions paid small rents to the May, John Simonds, and Charles Simonds, station master, but as to this it is to be of the one part, and the defendants taken that the station master received of the other part, the whole of the such rents for his own use and not on said land, containing 15a. Or. 33p., was, account of or as agent for the company, in consideration of the sum of 2,3311. and that, having been allowed to occupy, 78. Od. (being the amount of the said he took upon himself to let. two sums of 5711. 7s. Od. and 1,7601.), 13. Although the spoil which was laid conveyed by the said Jane May, John on the field was chalk, the persons who Simonds, and Charles Simonds, to the entered into the occupation of it were defendants, their successors and assigns, able, by manure and other means, to make for ever. The Court, or either of the it productive, and vegetables and garden

same

produce were grown on parts, and toler- servants, enter upon the premises without able crops of corn, beans, and other farm being deemed trespassers for so doing, payproduce on other parts of it.

ing the tenant the value of the

crop. .

The 14. The deposit of chalk and spoil was land comprised in the above agreement completed without covering the whole of included from two to three acres of the the said field, and there was left a margin land sought to be recovered in this action. or portion to the north and east uncovered, 17. The close of land situate to the north containing about two acres, and neither of that portion of the northern boundary that portion nor the part covered with of the said field, which is shewn on the plan chalk has ever been occupied since the extending from G to B, and immediately railway was made, in any manner or for adjoining thereto, contains 37a. Or. 33p., any purpose except as aforesaid, and or thereabouts, and was at the time of the except that the defendants in the year purchase of the said field by the defen. 1869 extended their coal sidings into a dants as hereinbefore mentioned, the proportion of the said field ; such portion, perty of the said Jane May, John Simonds, however, being no part of what is claimed and Charles Simonds, and by an indenby the plaintiffs.

ture dated the 4th of June, 1860, the 15. In the year 1868 the company re- was conveyed to the plaintiffs, quired the persons occupying parts of the Thomas May and John May, as tenants in said field, as before mentioned, their num- common, and continued to be vested in ber being about fourteen, to pay small rents them until the 18th day of June, 1867, on to the company for the portions occupied which last mentioned day they conveyed by them respectively, and they have since the same to the said John Burgess Soper paid and the company have received such in fee. B G is not the whole southern rents. Previously to the year last men- boundary of tl at close, it extends further tioned, the company had not called for nor westward. The Court or either of the received any rent. The whole quantity parties may, if necessary, refer to this deed. of land for which such rents are paid is 18. In the month of March, 1868, by 9a. 3r. 14p., and the aggregate amount of an arrangement between the defendants rent is 121. 4s. 2d.

and the said John Burgess Soper, a strip 16. The only agreement in writing re- of the last mentioned field (i.e. the one lating to any part of the land in question, bought by the defendants) on the west was one made on the 4th of November, side thereof was cut off and made into a 1868, between Thomas Laughton, as agent road, which road led to the property of for the defendants, of the one part, and the said John Burgess Soper to the north, Charles Hewitt, of the other part, whereby and was also useful to the said defendants, the defendants agreed to let to Hewitt the railway company, as forming a shorter three pieces of arable land; containing and more convenient way from their together seven acres or thereabouts, at station to the neighbourhood of Basingthe clear yearly rent of 121. 108., from stoke. On one side thereof this road was the 29th day of September, then last, made by the said John Burgess Soper, the upon certain terms and conditions, and railway company providing gravel. There amongst others, that the tenancy thereby

was no conveyance or other deed executed created might be determined by either on the occasion, and the soil of the said party giving to the other of them three road continued to be in the railway comcalendar months' notice in writing, such pany. The road is private, never having notice to expire on any quarter day, and been dedicated to the public. in the event of the defendants requiring 19. At or about the same time that the the whole or any portion of the premises defendants purchased the said field as for the purposes of the railway or works hereinbefore mentioned, they also purconnected therewith, then and in such chased certain other land abutting thereon case the defendants should be entitled to on the west for the entire length thereof, take possession of the same upon giving (being the land coloured pink on the plan) twenty-eight days' notice in writing, and from Magdalen College, the then owners might by themselves, their agents and

It was purchased for the same purpose as the first mentioned field

of the same.

period, shall thereupon vest in and become was purchased for, viz., the deposit of the property of the owners of land adspoil from the said cutting, and was used joining thereto, in proportion to the exfor that purpose in the same way, and tent of their lands respectively adjoining such last mentioned land has since been the same." dealt with by the defendants in manner 24. By section 41 of the Great Western following, that is to say:

(Lightmoor to Coalbrookdale, &c.) Act, 20. On the plan this land is shewn in 1861, wlich received the royal assent on three pieces. The one nearest the north, the 1st of August in that year, it is encontaining 3r. 6p., was, on the 1st day acted as follows : “ The periods respectively of August, 1855, sold and conveyed by limited by the various existing Acts of the defendants to Messrs. Henry Downs the Company, by the Lands Clauses Conand others, who shortly after conveyed solidation Act, 1845, therewith incorpothe same to the Burial Board of Basing. rated, for the sale of superfluous lands and stoke, who are the present owners thereof, belonging to and vested in the company, and now forms part of the cemetery for within the several parishes enumerated in their parish.

the schedule to this Act annexed, shall be 21. The middle piece, containing 1,000 and the same are hereby extended to the superficial square yards or thereabouts, further period of seven years from the was in the year 1867 conveyed by the passing of this Act.” Basingstoke is one defendants to trustees for the Society of of the parishes enumerated in the schedule. Friends, and who since that period have 25. By the Great Western Railway used it for the purpose of a burial ground, Act, 1868 (31 & 32 Vict. c. 145), which and the same is now used and occupied received the royal assent on the 31st July, by the said Society for that purpose. 1868, it is in section 20 enacted as follows:

22. The remaining portion of the said " The company may, notwithstanding any. land so purchased by the defendants from thing to the contrary in "The Lands Magdalen College as aforesaid, being the Clauses Consolidation Act, 1845,' or in piece to the south, is retained by the de- any Act relating to the Company with fendants, and has for several years past which that Act is incorporated, retain and been by them let at certain yearly rents hold any lands belonging to them in the to one or more of their servants or others, parishes enumerated in Schedule A to this who use and occupy the same for garden Act, and which have not yet been applied and agricultural purposes.

to the purposes of the company, for the 23. In the Lands Clauses Act, 8 & 9 period of ten years after the passing of Vict. c. 18 (incorporated in the Act first this Act, but the company shall, at the above mentioned), is the following en. expiration of that period, sell and dispose actment and introduction thereto (Sec. of all such parts of those lands respec127), “And with respect to lands acquired tively as shall not then have been sold or by the promoters of the undertaking, disposed of or applied to or are not then under the provisions of this or the special required for the purposes of their underAct, or any Act incorporated therewithtaking.” Basingstoke is one of the parishes but which shall not be required for the mentioned in Schedule A. purposes thereof, be it enacted as follows.

26. The land which, on the north, adWithin the prescribed period, or if no joins the remainder of the northern bounperiod be prescribed, within ten years after dary of the field of 15a. Or. 33p: purthe expiration of the time limited by the chased by the defendants as hereinbefore special Act for the completion of the mentioned, and on the east adjoins the works, the promoters of the undertaking eastern boundary thereof, is the property shall absolutely sell and dispose of all of Lord Bolton, and altogether contains such superfluous lands, and apply the 66a. 3r. 2p. On the south, what repurchase money arising from the sale to the mains of the field is now bounded for its purposes of the special Act, and in de- entire length by the station, roads, and fault thereof all such superfluous land re- works of the railway company. maining unsold at the expiration of such 27. The plan which accompanies this

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