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No. 46.-ASSENT TO COUNTER-NOTICE GIVEN UNDER SECTION 92 OF Appndx. THE LANDS CLAUSES ACT, 1845 (ante, p. 238).

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Whereas the mayor, aldermen, and citizens of the city of (hereinafter called "the corporation"), did, by a notice dated the day of , give you notice that by virtue and under the authority of the Improvement Act, 189, and the Act or Acts or parts of Acts incorporated therewith, the corporation were authorised and required to purchase and take for the purposes of the said Act the lands and hereditaments specified in the schedule to the said notice annexed in which lands and hereditaments you are or are reputed to be interested, or which by the said Acts or some or one of them, you are enabled to sell and convey or release to the corporation. And by the said notice the corporation gave you further notice that they were willing to treat with you for the purchase of the said lands and hereditaments and as to the compensation to be paid to you for the damage that might be sustained by reason of the execution of the said works authorised by the said Act, or for which the said premises were required as aforesaid. And the corporation did thereby demand from you the particulars of your estate and interest in the said lands and hereditaments and of the claims made by you in respect thereof. And whereas by a notice dated the day of and duly served on your behalf upon the corporation, you, the said trustees, gave the corporation notice that the lands and hereditaments so as aforesaid comprised in and described in the herein before firstly-recited notice to treat were a part only of a house or other building or manufactory known as ," and that you were willing and able to sell and convey your interest in the whole of the said hereditaments, and by your said notice you required the corporation to purchase and take your interest in the whole of the said house or other building or manufactory. Now, therefore, I, the undersigned , &c., of the city of aforesaid, and solicitor and agent for and on behalf of the corporation do hereby, on behalf of the corporation, give you, the said trustees, notice that the corporation do hereby accept your said notice dated the assent to your requirement that they should purchase and take the whole of the said lands and hereditaments referred to in your said notices and known as

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day of

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situate in or near to

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Solictor for the Corporation and Town
Clerk of the city of

No. 47.-NOTICE BY LESSEE TO PROMOTERS OF UNDERTAKING REQUIRING
THE RENT TO BE APPORTIONED UNDER SECTION 119 OF THE LANDS
CLAUSES ACT, 1845 (ante, p. 266).

Το

Company.

Whereas by an indenture dated the

day of

and

made between X. Y. (lessor) of the one part and me, the undersigned A. B. of the other part, all (insert parcels as in lease) were demised to

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18

Appndx. me for the term of years from the day of at a rent of £ which lands are more particularly delineated on the plan annexed hereto and coloured green and red. And whereas by a notice dated the day of and duly served upon me, the company under the powers contained in the (special) Act and Acts therewith incorporated required to purchase and take so much of said demised lands as are coloured red on the plan hereto annexed. Now, therefore, I give you the said company notice that I require that the rent payable in respect of the lands comprised in such indenture of lease be apportioned between the lands so required and the residue of such lands, in accordance with the provisions of the said Acts.

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No. 48.-SUMMONS TO APPORTION RENT UNDER SECTION 119 OF THE
LANDS CLAUSES ACT, 1845 (ante, p. 266).

To A. B. (lessee) and C. D. (lessor).

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by

and the Acts

day

Information has this day been laid before me, X. Y., one of Her Majesty's justices of the peace for the county of Company, that the said company have by a notice served upon A. B., required under the powers of the (special) Act of 189 therewith incorporated to purchase and take part of the lands comprised in and demised by an indenture of lease dated the of 18 and made between the C. D. of the one part and the said A. B. of the other part, for a term of years from the day of which said term is still unexpired, at the yearly rent of £ and that the said A. B. has given notice to the said company that he requires that the rent payable in respect of the lands comprised in such indenture of lease be apportioned between the lands so required and the residue of such lands, and that no agreement has been made in respect of such apportionment.

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These are therefore to command you and each of you, in Her Majesty's name, to be and appear on the

at

o'clock, at the

day of court before such two of Her Majesty's justices of the peace as may then be sitting for the purpose of determining such apportionment in accordance with the provisions of the said Acts, and take notice that if you do not appear such apportionment will be made in your absence.

Given under my hand and seal this

(Signed)

day of

Justice of the Peace for the county of

(L.S.)

No. 49.-APPORTIONMENT OF RENT BY TWO JUSTICES PURSUANT TO
SECTION 119 OF THE LANDS CLAUSES ACT, 1845 (ante, p. 266).

for on the

At the petty sessions of division of the county of holden at day of Whereas [recite lease and parcels, rent and notice to treat for part of the said lands as in No. 47]. And whereas no apportionment has been agreed to of the said rent between the land comprised in the said

notice and the residue of the lands comprised in and demised by the Appndx. said indenture of lease. And whereas, upon information laid by the said Company, the said A. B. and C. D. were summoned to appear before us at court at the date and hour mentioned in the said summons for the purpose of determining such apportionment. Now, therefore, we, the undersigned, being two of Her Majesty's justices of the peace for the county of assembled and acting together at having heard the evidence adduced by the said A. B. and C. D. and the said company in pursuance of the power contained in the said Acts, apportion the said yearly rent of £ as follows, namely, the sum of £ shall be the yearly rent payable for that part of the lands required by the said company, and the sum of £ shall be the yearly rent payable for the residue of the said lands comprised in the said indenture of lease.

Given under our hands and seals this

day of

(Signed)

Justices of the Peace for the county of

(L.S.)

No. 50.-NOTICE TO PERSON HAVING NO GREATER INTEREST IN THE
LANDS TAKEN THAN AS TENANT FOR A YEAR OR FROM YEAR UNDER
SECTION 121 OF THE LANDS CLAUSES ACT, 1845 (ante, p. 267).

To A. B.

Take notice that the

under the

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Company in pursuance of their powers Act, 18 and the Acts incorporated therewith, require you to give up possession of the lands occupied by you and particularly described in the schedule hereto and coloured red on the annexed plan on the day of next, before the expiration of your term or interest therein; and further, that you are entitled to compensation for the value of your unexpired term or interest in such lands and for any just allowance which ought to be made to you by an incoming tenant, and for any loss or injury you may sustain, and [if a part only of such lands be required] compensation for the damage done to you in your tenancy by severing the lands held by you, or otherwise injuriously affecting the same, and to have the amount of such compensation determined by two justices if no agreement is come to between you and the said Company about the same.

Dated the

day of

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No. 51.-SUMMONS TO APPEAR BEFORE TWO JUSTICES FOR ASSESSMENT
OF COMPENSATION PAYABLE TO A YEARLY TENANT UNDER SEC-
TION 121 OF THE LANDS CLAUSES ACT.

In the [county of

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Petty sessional division of

1.

Information has this day been laid before me, one of Her Majesty's justices of the peace for the county of by A. B., that you,

Company, did on the

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day of

serve a notice

the
on him requiring him to give up possession of certain lands and here-

Appndx. ditaments therein described and occupied by him as a yearly tenant, and that no agreement has been made as to the amount of compensation payable to him for the value of his unexpired term or interest in the said lands and hereditaments, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain, and [if a part of such lands be required] for the damage done to him in his tenancy by severing the lands held by him or otherwise injuriously affecting the same.

at

at

You are therefore summoned in Her Majesty's name to be and appear on the day of o'clock in the forenoon, before such two of Her Majesty's justices of the peace as may then be sitting, in order that the amount of the said compensation may then and there be determined.

Given under my hand and seal this

day of
(Signed)

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Justice of the Peace for the [county] aforesaid.

No. 52.-ASSESSMENT OF COMPENSATION BY TWO JUSTICES OF THE
INTEREST OF A YEARLY TENANT UNDER SECTION 121 OF THE
LANDS CLAUSES ACT, 1845 (ante, p. 267).

Whereas the

Company did on the

day of

in

pursuance of the provisions of the
Act, 18 [the company's
special Act], and the Acts incorporated therewith, serve upon A. B. a
notice requiring him to give up possession of certain lands and heredita-
ments therein described and occupied by the said A. B. as a yearly
tenant; and whereas no agreement has been made as to the amount of
compensation for the value of the unexpired term or interest of the said
A. B. in the said lands and hereditaments, and for any just allowance
which ought to be made to him by an incoming tenant, and for any loss
or injury he may sustain [if a part only of the lands were required], and
for the damage done to him in his tenancy by severing the lands held
by him or otherwise injuriously affecting the same. And whereas on
the information of the said A. B. the said company were, by a summons
dated the
18 commanded to appear
us at the time and place therein mentioned:
Now therefore we, the undersigned, being
justices of the peace for the county of

day of

before

two of Her Majesty's

assembled and acting

together, having heard the evidence adduced by the said A. B. and the said company, do determine the sum of £

to be the amount of

compensation to be made and paid to the said A. B. in respect of his
interest in the said lands and hereditaments.
Given under our hands this

day of

18

(Signed)

C. D.

E. F.

No. 53.-NOTICE UNDER SECTION 122 OF THE LANDS CLAUSES ACT, 1845 (ante, p. 270), TO PRODUCE LEASE OR Grant.

To A. B. Whereas you claim compensation in respect of an unexpired term or interest under a lease or grant of the lands comprised in a notice to treat served upon you by the

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produce the lease or grant in respect of which you make such claim, or Appndx. the best evidence thereof in your power, and further, that if after this demand made in writing by the Company such loan or grant, or such best evidence thereof, be not produced within twenty-one days, you will be considered as a tenant holding only from year to year, and be entitled to compensation accordingly.

Dated the

day of

(Signed)

Secretary to the Land Company.

No. 54.-OFFER OF PRE-EMPTION OF SUPERFLUOUS LAND TO OWNER OF
LANDS FROM WHICH THEY WERE SEVERED UNDER SECTION 128 OF
THE LANDS CLAUSES ACT, 1845 (ante, p. 282).

To A. B. (the owner from whom they were severed).

Whereas the lands and hereditaments mentioned in the schedule hereto were acquired by the Company under the provisions of the Act and of the Acts incorporated therewith, but are not required for the purposes thereof; and the said company desire to absolutely sell and dispose of the said lands and hereditaments. Now therefore we, the said company, before disposing of the said lands in pursuance of the provisions contained in section 128 of the Lands Clauses Consolidation Act, 1845, hereby first offer to sell the same to you, A. B., as the person entitled to the lands from which the same were severed. And take notice, that if you desire to purchase such lands you must signify your desire in that behalf to the said company within six weeks from the receipt hereof or your right of pre-emption in respect of such lands shall cease.

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The following four forms have been adapted from the forms (Nos. 10, 11, 16, and 17) given in the schedule to the Highway Act, 1835, the alterations having been rendered necessary by subsequent legislation:—

No. 55.-LICENSE FROM JUSTICES FOR A

DISTRICT COUNCIL TO

DIG, ETC., MATERIALS UPON INCLOSED LANDS FOR THE REPAIR OF
HIGHWAYS (ante, p. 754).

(to wit.) To the District Council of

in the said county.

Whereas by an Act passed in the fifth and sixth years of the reign of King William the Fourth, intituled the Highway Act, 1835, the surveyor is authorised to dig, get, take, and carry away materials lying upon any lands or grounds within the parish for which he is appointed for the use and benefit of the highways; but not without the consent of the occupier or owner of such lands or grounds or his agent, or a license from the justices in sessions assembled; and whereas by the Local Government Act, 1894, there have been transferred to the district councils all the powers, authorities, duties, and liabilities of surveyors of highways within their district. And whereas it appears to us, Her Majesty's justices of the peace of the said county, and acting within

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