in the schedule hereto, and which house and premises are Form 9. distinguished by the number on sheet No. month of of the maps or plans deposited by the Board at their offices in the 18. AND that the said School Board are desirous of entering upon and permanently using the said dwelling-house, land and premises for the purposes aforesaid, and that the said dwelling-house, land and premises belong to, or are reputed to belong to, or be held or occupied in part or in whole by A. B. aforesaid as tenant thereof from year to year or for some lesser interest. AND that the said School Board have given due notice to the said A. B. of their desire and intention to take the same dwelling-house, land, and premises, and to treat with him for the purchase thereof and of his interest therein. AND that no agreement has yet been come to as to the amount of the purchase-money to be paid by the said School Board to the said A. B. in respect of the said premises or the interest of him the said A. B. therein. AND that the said School Board, as the promoters of the said undertaking, are desirous of having the amount of the said purchase-money and compensation payable by them as aforesaid determined as provided by the L. C. C. Act, 1845. AND THEREFORE on behalf of and by authority of the said School Board, the said C. D. applied to and requested me, the said E. F., who am not in any way interested in the matter, to summon the said A. B. to appear before me, that I may hear and determine such question of disputed compensation in manner provided by the said L. C. C. Act, 1845. THESE ARE THEREFORE to require you the said A. B. to appear personally before such metropolitan police magistrate [or two justices] as shall be there and then present, on the day of 18 9 at the hour of in the noon at the police court aforesaid [or as the case may be], at which time and place the said magistrate [or justices] will proceed to hear and determine the said question of disputed compensation between you the said A. B. and the said School Board [or other the promoters] in pursuance of the said last-mentioned Act. HEREIN FAIL NOT. E. F. L.S. Form 10. [Sec. 25.] To the 10. REQUEST TO APPOINT AN ARBITRATOR. Company [or other the promoters of the undertaking. Or, To A. B. [the Claimant]. WHEREAS a question of disputed compensation within the meaning of the L. C. C. Act, 1845 [or the special Act or any Act incorporated therewith] has arisen between the said AND WHEREAS the said A. B. day of , signified his [the promoters] and the said A. B. Now we, the said [the promoters, case may be], do hereby request the the said THE SCHEDULE. (Signed.) Situation and Description Nature of A.B.'s Estate and Nature of the anticipated 11. APPOINTMENTS OF ARBITRATORS AND NOTICES OF SUCH APPOINTMENTS. 11 A. APPOINTMENT OF AN ARBITRATOR BY THE CLAIMANT. To C.D., of , Surveyor. WHEREAS I the undersigned, etc., [recite the notice to treat and the absence of an agreement as in Form 8, ante]. day of AND WHEREAS signify [the promoters] I did by notice in writing, dated the Witness to the signature As witness my hand, A. B. Form 11. [Sec. 25.] Form 11 a of the said A. B. 11 B. APPOINTMENT OF AN ARBITRATOR BY THE PROMOTERS. To E. F., of , Surveyor. WHEREAS, etc. [adapting the recitals in the last precedent]. NOW THEREFORE, the said [promoters], in pursuance of the provisions of Act [the special Act] and the Acts incorporated therewith, do by this writing under the hands of X. and Z., being two of the promoters of the undertaking, within the meaning of the L. C. C. Act, 1845 [or under the hand of W. the secretary, or the clerk of the said promoters, or in the case of a corporation under the common seal of the said the promoters], hereby nominate and appoint you E. F., of to be the arbitrator on the part of the to whom such dispute shall be referred, Witness to the signature [promoters], As witness our hands, X. Z. or W. as the case may be. of the said X. and Z. or W. Form 11 b. Form 11 c. 11 C. APPOINTMENT OF SINGLE ARBITRATOR BY CONCURRENCE. To C. D., of , Surveyor. WHEREAS, etc. [recite the notice to treat and the absence of an agreement as in Form 8, ante]. AND WHEREAS the said A. B. did, by notice in writing, dated the day of , signify to the said [promoters] his desire to have such question of disputed compensation settled by arbitration in the manner, etc. [follow Form 8]. AND WHEREAS the said [promoters] and the said A. B. have concurred in the appointment of you the said C. D. as the single arbitrator. Now THEREFORE, in pursuance of the provisions of the Act [the special Act] and other Acts incorporated therewith, and of the L. C. C. Act, 1845, the said [promoters] and the said A. B. do and each of them doth hereby nominate and appoint you the said C. D., of to be the single arbitrator to whom such dispute shall be referred. , As witness, etc. [See the last two precedents.] Form 11 d. 11 D. APPOINTMENT OF ARBITRATOR TO ACT ON BEHALF OF BOTH PARTIES. WHEREAS a question of disputed compensation by the L. C. C. Act, 1845 [or the Act, the special Act, or the Act, incorporated therewith], authorised or required to be settled by arbitration, has arisen between the [pro moters] and me the undersigned A. B. AND WHEREAS by a request in writing, dated the referred to arbitration, I the [promoters] to nominate and appoint an arbitrator. AND WHEREAS such request was on the day of duly served on the said [pro moters], and fourteen days have elapsed since the service thereof as aforesaid, and the said [promoters] have failed to nominate and appoint such arbitrator. AND WHEREAS I the said A. B. by writing under my hand, dated the day of , duly nominated and appointed you, the said C. D., as the arbitrator on the part of me the said A. B., to whom such dispute should be referred. NOW THEREFORE, in pursuance of the provisions of the L. C. C. Act, 1845, I do hereby appoint you, the said C. D., of to act as arbitrator on Witness to the signature of the said A. B. As witness my hand. A. B. If the claimant is the party failing to appoint, this form can be easily adapted. Form 11 d. 11 E. NOTICE OF THE APPOINTMENT OF AN ARBITRATOR. To the taking]. Company [or other the promoters of the under Or to A. B., of [the claimant]. WHEREAS, etc. [recite the notice to treat, and the absence of an agreement as in Form 8, and the notice desiring arbitration, and the failure to concur in appointing a single arbitrator as in Form 11a. NOW TAKE NOTICE, that under and by virtue of the L. C. C. Act, 1845, I have by writing under my hand [or the promoters have by writing under the hands of, &c., as in Form 11b] dated the day of nominated and appointed C. D., of to be the arbitrator on my part [or E. F., of to be the arbitrator on the part of the promoters], to whom such dispute shall be referred. AND I hereby request you to nominate and appoint an arbitrator on your behalf, and if for the space of fourteen days after the service of this request on you, you fail to appoint such arbitrator, then I shall appoint the said C. D. [or the said promoters will appoint the said E. F.] to act on behalf of both parties. If the appointment of an arbitrator is made by the promoters under protest (see ante, p. 58), add the following— Company AND FURTHER TAKE NOTICE that the said [or other the promoters] have so nominated and appointed an arbitrator on their part, subject and without prejudice to any question of the right of the said A. B. to any compensation in respect of the estate or interest which the said A. B. claims in the said lands, hereditaments, and premises required to be purchased or taken. And that the said Form 11 e. |