Appadx. mine the value of such lands or the interest therein which can be sold or conveyed. Now, therefore, we in pursuance of the powers vested in us do hereby appoint M. N. to be the surveyor to determine the value of such lands or the interest therein which A. B. mentioned in the said notice to treat has or is enabled to sell and convey, and also the amount of compensation to be paid by them in respect of such lands. Given under our hands this 18 at day of (Signed) SCHEDULE. W. X. Y. Z. No. 37.-NOTICE OF INTENTION TO APPLY TO BOARD OF TRADE TO To A. B. Whereas by a certain_notice in writing under the hand of the secretary of the Railway Company, dated the day of day of the said and served upon you on the company gave you notice that they required to purchase and take under the powers of the Railway Act, 18 and the Acts incorporated therewith certain lands and hereditaments [insert description of the lands from the notice to treat]. And whereas no agreement has been come to or award made, or verdict given for the purchase money or compensation to be paid by the said company in respect of your interest in the said lands and hereditaments. And whereas the said company are desirous of entering upon and using the said lands and heredita ments for the purposes of their undertaking under the powers conferred upon them by the Lands Clauses Acts. Now we, the said company, hereby give you notice that we intend on the day of next, being not less than seven days from the service upon you this notice, to apply under section 36 of the Railway Companies Act, 1867, to the Board of Trade for the appointment of a surveyor to determine the value of the interest claimed by you, or which you are under the said Acts enabled to sell, in the said lands and hereditaments and the amount of all damage and injury to be sustained by reason of the exercise of the powers conferred upon us by the 85th section of the Lands Clauses Consolidation Act, 1845, as far as such damage and injury are capable of estimation. Dated this (Signed) day of of No. 38. -APPLICATION TO BOARD OF TRADE BY A RAILWAY COMPANY To Her Majesty's Commissioners for Trade and Foreign Plantations, commonly called the Board of Trade. Company are desirous under the provisions of with which are incorporated the Lands Clauses Consolidation Act, 1845, and of the Railway Companies Act, 1867, of Appndx. entering upon and using certain lands which they are by the said first mentioned Act empowered to enter upon, take, and use, and which are comprised in the copy notice to treat hereunto annexed, and are situate in the parish of in the county of and of which particulars are contained in the schedule to the said notice, and which are delineated and described in the plan attached to the said notice, and are thereon respectively coloured red, which notice was served upon A. B., of , on the day of 18. And whereas the said A. B. claims to be interested in the said lands, and the said company propose under and subject to the powers and provisions of the said Acts to enter upon and use the same for the purposes of the said first mentioned Act before any agreement shall have been come to or award made or verdict given for the purchase money or compensation to be made by them in respect of such lands, and to deposit in the bank by way of security according to the provisions of the Lands Clauses Consolidation Act, 1845, such a sum as shall be determined by a surveyor appointed by you under the provisions of the Railway Companies Act, 1867, to be the value of the said lands or of the interest therein which the said A. B. is entitled to or enabled to sell and convey. And whereas the said does not consent to such entry and user by the said company as aforesaid, and notice of the intention to apply to you for the appointment of a surveyor has been given to him not less than seven days prior to the date hereof, now, therefore, the said company hereby apply to you to nominate and appoint under the provisions of the said Acts a surveyor to determine the value of the said lands. The four following forms are issued by the Board of Trade : No. 39.-APPOINTMENT OF SURVEYOR BY BOARD OF TRADE UNDER the parish of coloured the 1 in the county of Whereas it has been made to appear to the Board of Trade that Company are empowered to purchase certain lands in the being the portion on the plan annexed to the notice to treat, dated day of 18 and addressed to (copies of which plan and notice are annexed hereto), and that the said company are desirous of entering upon and using the said lands notwithstanding that no agreement has been come to, nor award made nor verdict given for the purchase money or compensation to be paid by them in respect of the said lands. And whereas the said company in pursuance of the 36th section of the Railway Companies Act, 1867, have applied to the Board of Trade to appoint a surveyor to make the valuation prescribed by the 85th section of the Lands Clauses Consolidation Act, 1845, in respect of the said lands. of Appndx. Now, therefore, the Board of Trade in pursuance of the powers in them vested, do hereby nominate and appoint to be the surveyor to determine the value of the said lands herein before described or of the interest therein which the said is entitled to or enabled to sell and convey, including the amount of compensation for all damage and injury (if any) to be sustained by reason of the exercise of the powers conferred by the said 85th section as far as such damage and injury are capable of estimation, and do require and direct said to proceed in respect of such valuation in the manner prescribed in the 59th, 60th, 61st, 62nd, and 63rd sections of the Lands Clauses Consolidation Act, 1845. Signed by order of the Board of Trade this day of 18. An assistant secretary of the Board of Trade. No. 40.-DECLARATION OF IMPARTIALITY BY A SURVEYOR APPOINTED UNDER SECTION 85 OF THE LANDS CLAUSES CONSOLIDATION ACT, 1845 (ante, p. 222). I, of surveyor, do solemnly and sincerely declare that I will faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me. Made and subscribed in the presence of Justice of the peace. No. 41.-VALUATION BY A SURVEYOR APPOINTED UNDER SECTION 85 OF I, the undersigned Dated this day of 18 (Signed) No. 42.-DECLARATION OF CORRECTNESS OF VALUATION BY A SURVEYOR APPOINTED UNDER SECTION 85 OF LANDS CLAUSES ACT, 1845 (ante, p. 222). I, the above-named do hereby declare the foregoing valuation to be correct, and that it includes compensation for all damage and injury to be sustained by reason of the exercise of the powers conferred by section 85 of the Lands Clauses Consolidation Act, 1845, as far as such damage and injury are capable of estimation. (Signed) Witness. No. 43.-BOND WITH SURETIES TO BE EXECUTED WHEN THE PROMOTERS and C. D., of Know all men by these presents, that we, the Company, and A. B., of (add if the parties have differed), [being sureties approved of by two justices (or in the case of railways by the Board of Trade)], are jointly and severally held and firmly bound to X. Y., of in the sum of £ (insert the amount to be deposited). For which payment well and truly to be made to the said X. Y., we, the said company, bind ourselves and our successors. And we the said A. B. and C. D. bind ourselves and each of us, and the heirs, executors, and administrators of ourselves and each of us respectively, firmly by these presents. Sealed with the common seal of us the said with the respective seals of us, A. B. and C. D. Dated the day of company, and Whereas the said company under the powers and provisions contained in the (special) Act, 1891, and the Acts or portions thereof incorporated therewith, have served a notice upon the said X. Y., dated the day of that they require for the purposes of the undertaking, by the said Acts authorised, to purchase and take the lands and hereditaments described in the schedule hereto, and particularly delineated on the plan hereto annexed and thereon coloured red. And whereas the said X. Y. is entitled to sell and convey the fee simple of the said lands and hereditaments, but no agreement has been come to or an award made, or verdict given for the purchase money or compensation to be paid by the said company in respect of the said lands and hereditaments. And whereas the said company are desirous of entering upon and using the said lands and hereditaments before an agreement has been come to or an award made or verdict given in respect of the said purchase money and compensation, but the said X. Y. does not consent to such entry. And whereas a surveyor appointed by two justices pursuant to the has by way of security deposited the said sum of £ company. Now the condition of the above written bond or obligation is such that if the said company or A. B. or C. D. shall pay to the said X. Y. or deposit in the Bank of England [for the benefit of the parties interested in the said lands or hereditaments](a) under the provisions in the said Acts contained, of all such purchase money or compensation, as may in manner in the said Acts provided be determined to be payable by the said company in respect of the said lands and hereditaments, together with interest thereon at the rate of five pounds per centum per annum from the time of entering on such lands, until such purchase money or compensation shall be paid to the said Y. Y. or deposited in the Bank of England [for the benefit of the parties interested in such Appndx. Appndx. landsKa) under the provisions in the said Acts contained, then the above written bond or obligation shall be void otherwise the same shall remain in full force. (a) These words may be omitted if the owner has a particular interest only see ante, p. 227. No. 44.-COUNTER-NOTICE BY AN Owner Or Lessee of a House or day of to the To the mayor, aldermen, and citizens of the city of Whereas on the 18 notice was served upon me by the mayor, aldermen, and citizens of the city of effect that they required to take for the purposes of the improvements to be carried out under the Act, 18 certain messuages and hereditaments therein described. And whereas the said messuages and hereditaments are a part only of a house or other building [or manufactory]. And whereas I am willing and able to sell and convey the whole thereof [or any interest in the whole thereof]. Now, therefore, take notice that I require you to purchase and take the whole of the said house or other building [or manufactory] [or my interest in the whole thereof]. Dated day of 18 No. 45.-NOTICE OF REVOCATION OF NOTICE TO TREAT WHEN THE To A. B. Whereas upon the day of day of a notice was served upon stating you by the mayor, aldermen, and citizens of the city of Dated the 18 18 By Order, Town Clerk. |