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sessed by Arbitra

tion.

dispute as to the amount of compensation in respect of such Compensation aslosses and expenses must be settled by arbitration. (Id., s. 81, post, App., 181) (z).

3. Compensation may be assessed by surveyors in the following cases :-If a party, who has received due notice, fails to appear at the inquiry held before the jury, or if, by reason of absence from the kingdom, he be prevented from treating, or if any party cannot, after diligent inquiry, be found, (8 Vict. c. 18, s. 58, post, App., 129), then two justices are required to nominate an able practical surveyor to determine the purchase-money or compensation to be paid for any lands to be purchased or taken by the company, and the compensation for any permanent injury to such lands; and such surveyor is directed to annex to his valuation a declaration in writing of the correctness thereof. (Id., s. 59, post, App., 129). Every surveyor is required to make a declaration that he will act faithfully and honestly. (Id., 8. 60, post, App., 129). And the nomination and declaration must be annexed to the valuation, and preserved therewith by the company, and be open to inspection; (Id., s. 62, post, App., 130); and all the expenses incident to every valuation must be borne by the company. (Id., s. 62, post, App., 130). In all cases where the compensation has been thus ascertained by a surveyor by reason that the party could not be found, or was absent from the kingdom, such party, if dissatisfied, may, before he shall have applied to the Court of Chancery for the money deposited in the Bank, require the question of compensation to be submitted to arbitration, as in other cases of disputed compensation (a). (Id., ss. 64, 65, post, App., 130). And we have seen that where lands are purchased or taken from parties under dis

(z) For forms relating to arbitration, &c., see post, Appendix.

(a) See ante, 292.

Compensation assessed by Surveyors.

Compensation assessed by a jury.

ability to convey, &c., the compensation (except where it has been assessed by a jury, or by arbitration, or by the valuation of a surveyor appointed by two justices) must be assessed by two able practical surveyors, to be appointed by two justices (b).

Surveyors, in estimating the compensation, are required to observe the rule already referred to, as to regarding the damages sustained by the severance of the lands taken from other lands belonging to the owner. (Id., s. 63, post, App., 130).

And, when common or waste lands are taken for the purposes of a railway act, the commoners are required to appoint a committee to negotiate with the company (c); but if no such committee be appointed, then two justices are required to appoint a surveyor, who is thereupon authorised to determine the amount of compensation which the commoners are entitled to receive for the extinction of their commonable rights. (Id., s. 106, post, App., 143).

4. In all cases where compensation is assessed by the verdict of a jury, the company originate the proceedings by issuing their warrant, under their common seal, to the sheriff of the county, city, &c., in which the lands are situate (d), whereby they require him to summon a jury to assess the compensation or purchase-money. It is not necessary to repeat, in this place, the remarks which have already been made as to the necessity of proceeding in strict compliance with the directions of the statutes, in taking all the steps which are preliminary to the holding of

(b) Ante, 152. See 8 Vict. c. 18, s. 9, post, App., 120.

(c) See 8 Vict. c. 18, s. 99, post, App., 141, and following sections.

(d) If the lands are situate in more

than one county, the sheriff of each county has a concurrent jurisdiction. See 8 Vict. c. 18, s. 3, post, App., 118.

sessed by a Jury.

the inquisition. These steps, in ordinary cases, are, first, a Compensation asnotice from the company to the owners, &c., of the lands, requiring them to treat (e); secondly, the reply of the owners, in conformity with the terms of the notice (ƒ); thirdly, the notice from the company of their intention to issue a warrant, and a tender of a sum as and for compensation (g); fourthly, the warrant from the company to the

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Railway Company.

Whereas, by virtue and under the authority of an act of Parliament, intituled [here insert the title of the special act], we the Railway Company, by a certain notice, bearing date the day of -1 informed you A. B. and C. D., &c., that all those parcels of land, tenements, and hereditaments, mentioned and described in the schedule to the notice annexed, [or, particularly described in a map or plan to the notice also annexed, as the case may be, see Form No. 2, ante, 153], situate at, &c., belonging or reputed to belong to you, [or, some or one of you], or in which you [or, some or one of you] had or claimed some estate or interest, were required to be taken and used by the said railway company, incorporated by the said act, for the purposes thereof as in the said notice is particularly mentioned. And whereas you the said A. B. and C. D., &c., have failed to state the particulars of your claims for purchasemoney or compensation for injuries or damage in respect of the said lands, tenements, and hereditaments, or to treat with the said company in respect thereof, as by the said notice you were required to do. [Or, “And whereas we the said company and you the said A. B. and C. D., &c. have not agreed, and we cannot agree, as to the amount of the purchase-money or compensation to be paid by us the said company to you for the purchase of the said hereditaments and of your estate and interest therein, or of the estate and interest therein, which by the said act you are enabled to sell and convey, and for any damage which might be sustained by you by reason of the execution of the said railway works"]. Now we the said company hereby, in pursuance of the said act, give you notice, that it is the intention of the said company, after the expiration of ten days from the service of this notice, and in pursuance of the provisions in the said act contained, to issue our warrant to the sheriff or other proper officer of the county of, and to cause a jury to be summoned to inquire of and assess the amount of such purchase-money and compensation as aforesaid, which you or either of you are entitled to receive under the provisions of the said act. And further take notice, that we the said company are willing to give the sum of - pounds for the purchase of the absolute and

(e) See the form No. 2, ante, 153. (S) See the forms Nos. 3 & 4, ante, 156.

Form No. 20.

Notice from the company to the owner of lands, that they intend to the sheriff, and which the comstating the sum pany are willing to pay for the lands, &c. (8 Vict. c. 18, s. 38, post, App. 125).

to issue a warrant

Compensation assessed by a Jury.

Form No. 21. Warrant from the company to the sheriff' requiring

him to summon a jury. (8 Vict. c. 18, s. 39, post, App., 125).

sheriff (h); fifthly, the notice given by the sheriff to the

unencumbered fee simple and inheritance in possession of the said lands, tene-
ments, and hereditaments, including your estate and interest therein, and the
estate and interest therein which by the said act you are enabled to sell and
convey, and for any damage or injury which may be sustained by you the said
A. B., C. D., &c., by the execution of the said railway works.
Witness our hands, the

day of

A. D.,

G. H. Directors of the said
I. K. railway company.

[Or, "L. M., secretary, &c.]

To A. B., Esq., and C. D., Esq., and all other
parties claiming satisfaction or compensation
for the above-mentioned hereditaments, or any
estate, share, interest, or charge in or affect-
ing the same, or for any injury or damage oc-
casioned by the taking of the said heredita-
ments by the said company, or otherwise by
reason of making the said railway, or on ac-
count of the execution of the said act, and to
all other persons whom it may concern.

(h) The following may be the form of the warrant :—
Form No. 21.

[The name of the County] to wit.

66

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To the Sheriff of Whereas, we the Company, incorporated by an act of Parliament, intituled [insert title of special act], and by the said act authorised to purchase or take for the purposes thereof the lands, tenements, and hereditaments hereinafter particularly mentioned, by a notice in writing, bearing date the day of -, duly given by us in pursuance of the said act, did inform A. B., C. D., &c., that the said lands, tenements, and hereditaments, belonging or reputed to belong to them, [or, "some or one of them"], or in which they [or, some or one of them "] claimed some estate or interest, were required to be taken and used by us the said railway company for the purposes of the said act; and that the said company were willing to treat for the absolute purchase of the said lands, tenements, and hereditaments, and of the interest of them the said A. B. and C. D., &c. therein, or which they were by law enabled to sell and convey, and as to the compensation to be made to them the said A. B., C. D., &c., and all parties interested, for the damage or injury that might be sustained by reason of the execution of the railway works. And whereas the said A. B., C. D., &c., have, for the space of twenty-one days after the service of the said notice, failed to state the particulars of their claims in respect of the said lands, tenements, and hereditaments, or to treat with us the said company in respect thereof. [Or, "And whereas we the said company and the said A. B. and C. D., &c., have not agreed and cannot agree as to the amount of the purchase-money and compensation as aforesaid,

company of the time and place of holding the inquisi- Compensation as

to be paid by us to them."] And whereas we the said company, by a
notice in writing, bearing date the
day of —, duly given by us in
pursuance of the said act, did inform the said A. B., C. D., &c., of our
intention to cause a jury to be summoned to assess such purchase-money
and compensation as aforesaid; and also of the sum of money we are willing to
give for the purchase of the said lands, tenements, and hereditaments, and for
the damage to be sustained by them by reason of the execution of the said
railway works. Now we the said Railway Company do, by this our
warrant, in pursuance of the powers conferred upon us in that behalf by the
said act, require you the said sheriff to summon and return a jury of twenty-
four indifferent men duly qualified according to law, to be and appear
before you the said sheriff at some convenient time and place to be appointed
by you, (such time not being less than fourteen nor more than twenty-one
days after the receipt by you of this our warrant, and such place not being
more than eight miles distant from the lands hereinafter described), in
order that you the said sheriff may cause to be drawn in such manner as
juries for trials of issues joined in the superior courts are by law required to be
drawn, out of the persons so to be summoned, and who shall appear, a jury of
twelve men; or if a sufficient number of jurymen do not appear in obedience
to the said summons, then that you the said sheriff may return a sufficient
number of indifferent men duly qualified as aforesaid of the bystanders or
others that can be speedily procured to make up the said jury to the number
of twelve, you the said sheriff allowing all parties concerned their lawful chal-
lenges against any of the said jurymen according to law; and such jury sum-
moned and drawn shall, upon their oaths, affirmations, or declarations, as the
case may be, inquire of and assess and give a verdict for the sum or sums of
money to be paid by us the said company to the said A. B., C. D., &c., or
other the person or persons interested therein for the purchase of the lands,
tenements, and hereditaments hereinafter mentioned, and for the purchase of
every estate, share, right, interest, or charge of them the said A. B., C. D.,
&c., each and every of them, in, upon, or affecting the said lands, tenements, and
hereditaments, or which they, any, or either of them are or is by the said act
enabled to sell, convey, or release; [If the lands are to be severed, add the
following:-And also for the sum or sums of money to be paid by us the
said company for the damage to be sustained by the owner or owners of the
said lands, tenements, and hereditaments, by reason of the severing thereof
from the other lands, tenements, and hereditaments of such owner or owners,
or otherwise injuriously affecting such lands by the exercise of the powers of
the said act of Parliament, or any act or acts incorporated therewith], that is
to say, firstly, all that piece or parcel of land &c. situate at a place called ·
in the parish of —, in the said county, containing by estimation, -A.-
B.-P., or thereabouts, which said piece or parcel of land, and premises,
are delineated and described on the map or plan and book of reference depo-
sited in the office of the clerk of the peace for the said county of
[or, all those parcels of land, tenements, and hereditaments mentioned in the

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sessed by a Jury.

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