26. NOTICE OF DESIRE FOR A SPECIAL JURY.

To the

WHEREAS on the

Company [the promoters].

day of

last, I, the undersigned A. B., received from you, the above named Company, a notice of your intention to issue your warrant to the sheriff requiring him to summon a jury for the purpose of determining by their verdict the question of disputed compensation between me and you. AND WHEREAS you, the said Company, have not issued such warrant to the sheriff. TAKE NOTICE that I, the said A. B,, desire such question of disputed compensation to be tried before a special jury.

Note. If the promoters desire a special jury they will 80 frame their notice of intention to issue their warrant [v. Form 18, ante, p. 722].

27. WARRANT OF PROMOTERS FOR A SPECIAL JURY.

See Form 19, ante, p. 723.

28. SUMMONS TO ATTEND FOR NOMINATING AND STRIKING A SPECIAL JURY.

,

warrant under the Company to me di

of the clock in the in the said county, to

MIDDLESEX. By virtue of a certain common seal of the above-named rected, I hereby appoint day, at forenoon, and my office, situate at be the time and place for the purpose of NOMINATING A SPECIAL JURY in the above matter; and I hereby summon both parties to appear before me, by themselves or their agents, at the said time and place for the purpose aforesaid. Dated the day of 188

Form 28.

[Sec. 54.]

29. NOTICE TO ATTEND FOR REDUCING A SPECIAL JURY.

Form 29.

In general practice, as both parties are present when the special [Sec. 54.] jury is nominated and struck, there is no necessity for a notice

to attend for reducing a jury. But in the event of either party

being absent at the nomination lowing notice may be used :

and striking of the jury, the fol

Form 29.

[Name of the county.] TAKE NOTICE that, in pursuance of a certain warrant to me directed under the common seal of the said Company, I, having proceeded on the day of last to nominate and strike a special jury in the manner required by the laws now in force, do hereby appoint day, at of the clock in the forenoon, for the parties or their agents to appear before me to REDUCE the number of such JURY. Dated the

day of

188.

,

Form 30.

[Sec. 59.]

30. NOMINATION OF SURVEYOR BY JUSTICES.

WHEREAS under and by virtue of the

Act [special Act]

and the Acts incorporated therewith (including the L. C. C. Act, 1845), the Company [the promoters] are empowered to purchase and take (inter alia) a certain piece or parcel of land situate in the parish of in the county of

the parcels].

[describe

Then recite the special facts of the case, e.g, where the owner is absent from the Kingdom or cannot be found:

AND WHEREAS the said Company after making diligent inquiry as to the parties interested in the said piece or parcel of land are enabled by the L. C. C. Act, 1845, to sell and convey or release the same, were apprised that one A. B. is entitled to an estate of fee-simple in possession in the said piece or parcel of land. AND WHEREAS the said A. B. was and still is absent from the United Kingdom [or could not and still cannot be found after diligent inquiry]. AND WHEREAS the said Company gave notice that they required to purchase or take the said piece or parcel of land, by leaving at the last usual place of abode of the said A. B., and also by leaving with C. D., the occupier of the said piece or parcel of land [or by affixing upon a conspicuous part of the said piece or parcel of land, that is to say the door of the house], a notice in writing, dated the day of 188, demanding from the said A. B. the particulars of his estate and interest in the said piece or parcel of land, and of the claims made by him in respect thereof, and such notice stated the particulars of the said piece or parcel of land so required, and that the said Company were willing to treat for the purchase thereof, and as to the compensation to be made to the said A. B. for the

damage that might be sustained by him by reason of the Form 30. execution of the works.

Or where the Claimant does not appear at the inquiry before

a jury:

AND WHEREAS in pursuance of the said Acts [recite the
notice to treat, particulars of claim (if any), and failure to agree
as in Form 17, ante, p. 718]. AND WHEREAS on the day
of
, 188, the said Company duly served upon the said
A. B. a notice in writing of their intention to issue their
warrant to the sheriff requiring him to summon a jury for
the purpose of determining the question of disputed com-
pensation which had arisen between the said Company and
the said A. B., and such warrant was duly issued, and in
pursuance of such warrant the sheriff appointed the day

of last, at as the time and place of holding the in-
quiry, of which time and place the said Company gave to
the said A. B. due notice on the
day of last.

AND WHEREAS the said Company were present at the said time
and place by their counsel or solicitors, but the said A. B.
did not appear at the said time and place so appointed for the
inquiry as aforesaid.

NOW THEREFORE, we, the undersigned, K. L., of etc., and M. N., of etc., two justices of the peace for the county of assembled and acting together, and neither of us interested in the matter, Do HEREBY, in pursuance of the provisions of the L. C. C. Act, 1845, and upon the application of the said Company, and upon hearing such proof as is satisfactory to us that the said A. B. is by reason of absence from the Kingdom prevented from treating [or cannot after diligent inquiry be found, or failed to appear on such inquiry before a jury as aforesaid after due notice to him for that purpose], nominate X. Y., of etc., an able, practical surveyor, to determine by valuation the purchase-money or compensation to be paid for the said piece or parcel of land to be purchased or taken by the said Company from the said A. B., and the compensation to be paid for any permanent injury to such land.

Form 31.

[Sec. 59.]

31. SURVEYOR'S DECLARATION OF THE CORRECTNESS OF HIS VALUATION.

I, the undersigned, X. Y., of etc., having in pursuance of
the nomination hereunto annexed, duly made the valuation,
dated the
day of
last, also hereunto annexed, do,
by this my declaration in writing subscribed by me, solemnly
and sincerely declare that the said valuation is a correct
valuation of the purchase-money and compensation to be paid
by the Company for or in respect of the piece or parcel
of land described in the said nomination, and for any perma-
nent injury thereto.

Made and declared by the said X. Y.
in the presence of

}

X. Y.

Form 32.

[Sec. 61.]

32. SURVEYOR'S VALUATION.

I, the undersigned X. Y., of etc., having, in pursuance of the nomination hereunto annexed, duly proceeded to determine by my valuation the purchase-money or compensation to be paid for the piece or parcel of land to be taken by the Company, and more particularly described in the said nomination, and the compensation to be paid for any permanent injury to such land; and having in so estimating such purchase-money and compensation so to be paid as aforesaid, had regard not only to the value of the land to be purchased or taken by the said Company, but also to the damage, if any, to be sustained by the owner of the land by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers of the [special Act] and of the Acts incorporated therewith, Do by this my valuation determine, etc. [proceed as in Form 3, ante, p. 702.]

Form 33.

[Sec. 64.]

To the

33. REQUEST FOR ARBITRATION UNDER SEC. 64.
Company [the promoters.]

Act

WHEREAS the compensation payable to me, the undersigned A. B., in respect of a certain piece or parcel of land, etc. [describing it, or my interest therein, was ascertained by the valuation of a surveyor and paid into the bank under the provisions of the Lands Clauses Consolidation Act, 1845.

AND WHEREAS I am dissatisfied with such valuation. AND Form 33. WHEREAS I have not applied to the Court for payment or investment of the monies so deposited as aforesaid. Now THEREFORE, I, the said A. B., do by this my notice in writing require the question of such compensation to be submitted to arbitration.

A. B.

Form 34.

34. NOTICE DESIRING ARBITRATION UNDER SEC. 68.

To the

Company [the promoters].

WHEREAS I, the undersigned A. B., of etc., being a party entitled to compensation in respect of certain lands, situate and being [describe the parcels] more particularly described in a notice to treat dated etc., and delineated on the plan accompanying the said notice. AND WHEREAS you, the said Company, in exercise of the powers contained in the Act [Special Act], and in the Acts incorporated therewith, or some of them, have caused structural injuries to the said messuage or tenement, and have injuriously affected the same by the execution of the works by the said Act or Acts authorised to be executed, or have entered upon and taken the said lands, and have not made satisfaction under the provisions of the said Acts in respect of the said compensation. NOW, THEREFORE I, the said A. B., do hereby give you, the said Company, notice that I desire to have the question of the said compensation to which I am entitled as aforesaid, settled by arbitration. AND FURTHER TAKE NOTICE that my interest in the said lands, in respect of which I claim compensation, is that of, etc. [describing the interest, e.g., a lessee or tenant for a term of years, from the of at the yearly rent of £

day

under an inden

ture of lease, dated etc., and made between etc.], and that the documents evidencing my title are in the possession of Messrs. of my solicitors where you may inspect the same. AND FURTHER TAKE NOTICE that the amount of [the purchase money and] compensation claimed by me [in respect of my interest in the said lands, and for the damage that will be sustained by me by reason of the execution of the works by the [Special] Act authorised to be made, and the injuriously affecting other lands held by me] is the sum of £ . AND FURTHER TAKE NOTICE that unless you, the said Company, are willing to pay me the amount of [the said

[Sec. 68.]