8 Vict. c. 19, 8. 13. s. 14. Restraint on purchase from incapacitated persons. s. 15. Capital to be subscribed before compulsory powers of purchase put in force. s. 16. A certifi promoters of the undertaking for the purposes aforesaid shall not exceed the prescribed quantity. L. C. C. Act, 1845, sec. 13, ante, p. 32. XIV. The promoters of the undertaking shall not, by virtue of the power to purchase land for extraordinary purposes, purchase or acquire more than the prescribed quantity from any party under legal disability, or who would not be able to sell or convey such lands, except under the powers of this and the special Act; and if the promoters of the undertaking purchase or acquire the said quantity of land from any party under such legal disability, and afterwards sell or dispose of the whole or any part of the land so purchased, it shall not be lawful for any party, being under legal disability, to sell or convey to the promoters of the undertaking any other lands in lieu of the land so sold or disposed of by them. L. C. C. Act, 1845, sec. 14, ante, p. 33. XV. Where the undertaking is intended to be carried into effect by means of a capital to be subscribed by the promoters of the undertaking, the whole of the capital of the company or estimated sum for defraying the expenses of the undertaking shall be subscribed under contract binding the parties thereto, their heirs, executors, and administrators, for the payment of the several sums by them respectively subscribed before it shall be lawful to put in force any of the powers of this or the special Act or any Act incorporated therewith, in relation to the compulsory taking of land for the purposes of the undertaking. L. C. C. Act, 1845, sec. 16, ante, pp. 34–35. XVI. A certificate, under the hands of the sheriff, certifying that the whole of the prescribed sum has 8 Vict. c. 19, s. 16. been subscribed, shall be sufficient evidence thereof; L. C. C. Act, 1845, sec. 17, ante, p. 35. AND WITH RESPECT TO THE PURCHASE AND TAKING cate of the be evidence that the capital has been subscribed. Purchase of lands other OF LANDS OTHERWISE THAN BY AGREEMENT, be it wise than by agreement. s. 17. to take XVII. When the promoters of the undertaking shall require to purchase any of the lands which by Notice of this or the special Act, or any Act incorporated intention therewith, they are authorised to purchase or take, lands. they shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this or the special Act to sell and convey the same, or their rights and interests therein, or such of the said parties as shall, after diligent inquiry, be known to the promoters of the undertaking, and by such notice shall demand from such parties the particulars of their interest in such lands and of the claims made by them in respect thereof; and every such notice shall state the particulars of the lands so required, and that the promoters of the undertaking are willing to treat for the purchase thereof, and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works. L. C. C. Act, 1845, sec. 18, ante, pp. 35-43. The "Notice."-Compare notes, ante, pp. 36-37. Abandonment of the Notice.-Once a notice to treat has been given the promoters cannot resile from it without consent: Lockerby v. City of Glasgow Ry. Co., 10 M. 97. It is in general irrevocable: Clark v. City of Glasgow Ry. Co., 6 Sc. L. R. 185. See also notes, ante, pp. 38 and 39. 8 Vict. c. 19, s. 17. 8. 18. Service of notices on owners and occupiers of lands. s. 19. If parties Relation of the Promoters and owners after service of notice to treat.-A lease granted after service of the notice to treat is invalid as against the promoters: City of Glasgow Ry. Co. v. McEwen, 8 M. 747; Caledonian Ry. Co. v. Barr's Trustees, 9 Sc. L. R. 49; N. British Ry. Co. v. Lindsay, 3 R. 168. And see notes, ante, pp. 41-43. Particulars of Interest and Claims.-The claimant must state the claim in such a way that the full amount of compensation can be at once paid, and may not claim payment of his compensation by a series of annual instalments: Falconer v. Aberdeen Ry. Co., 15 D. 352. See also the notes, ante, p. 43. XVIII. All notices required to be served by the promoters of the undertaking upon the parties interested in or entitled to sell any such lands shall either be served personally on such parties, or left at their last usual place of abode, if any such can, after diligent inquiry, be found; and in case any such parties shall be absent from the United Kingdom, or cannot be found after diligent inquiry, such notices when the same are to be given to an owner of lands shall be served on the factor or agent, if any, of such owner, and shall also be left with the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands. L. C. C. Act, 1845, sec. 19, ante, p. 44. XIX. If for twenty-one days after the service of such notice any such party shall fail to state the particulars of his claim in respect of any such land, or to treat with the promoters of the undertaking in respect thereof, or if such party and the promoters of the undertaking shall not agree as to the amount of the compensation to be paid by the promoters of the undertaking for the interest in such lands belonging to such party, or which he is by this or the special Act enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation. L. C. C. Act, 1845, sec. 21, ante, pp. 45-47. 8 Vict. c. 19, s. 19. s. 20. Dispute as to compensation may to arbitra XX. If no agreement be come to between the promoters of the undertaking and the owners of or parties by this or the special Act enabled to sell and convey any lands taken or required for or injuriously be referred affected by the execution of the undertaking, or any tion. interest in such lands, as to the value of such lands, or of any interest therein, or as to the compensation to be made in respect thereof, it shall be lawful for the parties to refer the same to arbitration. XXI. If the compensation claimed and disputed shall not exceed fifty pounds, unless both parties agree to refer such compensation to arbitration, the same shall be settled by the sheriff. s. 21. If claim does not exceed 50%., to be settled by s. 22. Method of for settling proceeding disputes as sation by to compen sheriff. XXII. It shall be lawful for the sheriff, upon the the sheriff. application of either party with respect to any such question of disputed compensation, to issue an order for the other party to appear before such sheriff, at a time and place to be named in the order; and upon the appearance of such parties, or in the absence of any of them upon proof of due service of the order, it shall be lawful for such sheriff to hear and determine such question, and for that purpose to examine such parties or any of them, and their witnesses, upon oath, without written pleadings or reducing the evidence to writing; and the expenses of every such inquiry, excepting the remunerative expenses of the sheriff, shall be in the discretion of such sheriff, and he shall settle the amount thereof; and the determination of the sheriff upon such question shall be final and conclusive, and not 8 Vict. c. 19, 8. 22. s. 23. Where compensation claimed exceeds 50%., it may be settled by arbitration if claimant so desire. 8. 24. Appointment of arbiters when questions are to be deter mined by arbitration. subject to review or appeal in any form or court whatever. L. C. C. Act, 1845, sec. 24, ante, pp. 52–55. XXIII. If the compensation claimed or offered in any case shall exceed fifty pounds, and if the party claiming such compensation desire to have the same settled by arbitration, and signify such desire to the promoters of the undertaking, before they have presented their petition to the sheriff to summon a jury in respect of such lands, under the provisions hereinafter contained, by a notice in writing, stating in such notice the nature of the interest in such lands in respect of which he claims compensation, and the amount of the compensation so claimed, and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and shall enter into a written agreement for that purpose, then, within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner hereinafter provided. L. C. C. Act, 1845, sec. 23, ante, pp. 48-52. XXIV. When any question of disputed compensation by this or the special Act, or any Act incorporated therewith, authorised or required to be settled by arbitration, shall have arisen, then, unless both parties shall concur in the appointment of a single arbiter, each party, on the request of the other party, shall nominate and appoint an arbiter, to whom such dispute shall be referred; and every appointment of an arbiter shall be made on the part of the company under the hand of the secretary or any two of the directors of the company, and on the part of any other party under the hand of such |