that to the same Extent as such Wives, Wards, Lunatics, and Idiots respectively could have exercised the same Power under the Authority of this or the special Act if they had respectively been under no Disability; and as to such Trustees, Executors, and Administrators, on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Femes Covert, or other Persons, and that to the same Extent as such Cestuique Trusts respectively could have exercised the same Powers under the Authority of this and the special Act if they had respectively been under no Disability.

8. The Power herein-after given to enfranchise Copyhold Lands as well as every other Power required to be exercised by the Lord of any Manor, pursuant to the Provisions of this or the special Act, or any Act incorporated therewith, and the Power to release Lands from any Rentcharge or Incumbrance and to agree for the Apportionment of any such Rentcharge or Incumbrance', shall extend to and may lawfully be exercised by every Party herein-before enabled to sell and convey or release Lands to the Promoters of the Undertaking.

9. The Purchase Money or Compensation to be paid for any Lands to be purchased or taken from any Party under any Disability or Incapacity, and not having Power to sell or convey such Lands except under the Provisions of this or the special Act, and the Compensation to be paid for any permanent Damage or Injury to any such Lands, shall not, except where the same shall have been determined by the Verdict of a Jury, or by Arbitration, or by the Valuation of a Surveyor appointed by Two Justices under the Provision herein-after contained', be less than shall be determined by the Valuation of Two able practical Surveyors, one of whom shall be nominated by the Promoters of the Undertaking, and the other by the other Party, and if such Two Surveyors cannot agree in the Valuation, then by such Third Surveyor as any Two Justices shall upon Application of either Party, after Notice to the other Party, for that Furpose nominate; and each of such Two Surveyors if they agree, or if not then the Surveyor nominated by the said Justices, shall annex to the Valuation a Declaration in Writing, subscribed by them or him, of the Correctness thereof; and all such Purchase Money or Com

pensation shall be deposited in the Bank for the Benefit of the Parties interested, in manner herein-after mentioned.

Vendor ab

may be sold

on Chief

10. It shall be lawful for any Person seised in Fee of or Where entitled to dispose of absolutely for his own Benefit any Lands solutely enauthorized to be purchased for the Purposes of the special titled, Lands Act, to sell and convey such Lands or any Part thereof unto the Promoters of the Undertaking, in consideration of an an- Rents. nual Rentcharge payable by the Promoters of the Undertaking; but, except as aforesaid, the Consideration to be paid for the Purchase of any such Lands, or for any Damage done thereto, shall be in a gross Sum.

Rents to be

rents.

11. The yearly Rents reserved by any such Conveyance Payment of shall be charged on the Tolls or Rates, if any, payable under charged on the special Act, and shall be otherwise secured in such Man- Tolls: ner as shall be agreed between the Parties, and shall be paid by the Promoters of the Undertaking as such Rents become payable; and if at any Time any such Rents be not paid Recovery of within Thirty Days after they so become payable, and after Demand thereof in Writing, the Person to whom any such Rent shall be payable may either recover the same from the Promoters of the Undertaking, with Costs of Suit, by Action of Debt in any of the Superior Courts, or it shall be lawful for him to levy the same by Distress of the Goods and Chattels of the Promoters of the Undertaking.

Lands re

extraordi

additional

tion.

12. In case the Promoters of the Undertaking shall be Power to empowered by the special Act to purchase Lands for extraor- purchase dinary Purposes, it shall be lawful for all Parties who, under quired for the Provisions herein-before contained, would be enabled to nary pursell and convey Lands, to sell and convey the Lands so poses, or authorized to be purchased for extraordinary Purposes. accommoda13. It shall be lawful for the Promoters of the Undertaking to sell the Lands which they shall have so acquired for extra- sell and reordinary Purposes, or any Part thereof, in such Manner, and purchase for such Considerations, and to such Persons, as the Promoters for extraor of the Undertaking may think fit, and again to purchase dinary purother Lands for the like Purposes, and afterwards sell the same, and so from Time to Time; but the total Quantity of Land to be held at any One Time by the Promoters of the

See note in p. 247, and § 3, 28 of 14 & 15 Vic. c. 70, as to Ireland, (XX. 3, 28.)

Authority to

Lands taken

poses.

Restraint on

extraordi

nary purposes, from incapacitated

Persons.

Undertaking for the Purposes aforesaid shall not exceed the prescribed Quantity.

14. The Promoters of the Undertaking shall not, by virtue Purchase for of the Power to purchase Land for extraordinary Purposes, purchase more than the prescribed Quantity from any Party under legal Disability, or who would not be able to sell and convey such Lands except under the Powers of this and the special Act; and if the Promoters of the Undertaking purchase the said Quantity of Land from any Party under such legal Disability, and afterwards sell the whole or any Part of the Land so purchased, it shall not be lawful for any Party, being under legal Disability, to sell to the Promoters of the Undertaking any other Lands in lieu of the Land so sold or disposed of by them.

Municipal

not to sell

Approbation of the Treasury.

15. Nothing in this or the special Act contained shall Corporations enable any Municipal Corporation to sell for the Purposes of without the the special Act, without the Approbation of the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any Three of them, any Lands which they could not have sold without such Approbation before the passing of the special Act, other than such Lands as the Company are by the lowers of this or the special Act empowered to purchase or take compulsorily.

Purchase of

Lands other

And with respect to the Purchase and taking of Lands otherwise than by wise than by Agreement”, be it enacted as follows: Agreement.

fully subscribed be

fore compul

sory Powers of taking

Land be put

in force.

Capital to be 16. 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 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.

A Certificate

of Two Justices to be

17. A certificate under the Hands of Two Justices, certi

that the Capital has

fying that the whole of the prescribed Sum has been sub- Evidence scribed, shall be sufficient Evidence thereof; and on the Application of the Promoters of the Undertaking, and the Produc- been subtion of such Evidence as such Justices think proper and sufficient, such Justices shall grant such Certificate accordingly.

scribed.

Intention to

all parties

18. When the Promoters of the Undertaking shall require Notice of to purchase or take any of the Lands which by this or the take Lands special Act, or any Act incorporated therewith, they are to be given to authorized to purchase or take, they shall give Notice thereof interested. to all the Parties interested in such Lands, or to the Parties enabled by this Act to sell and convey or release the same, 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 Particulars Estate and Interest in such Lands, and of the Claims made by of Notice. 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.

Notices on

Lands.

19. All Notices required to be served by the Promoters of Service of the Undertaking upon the Parties interested in or entitled to Owners and sell any such Lands, shall either be served personally on such Occupiers of Parties, or left at their last usual Place of Abode, if any such ean 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, 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.

Service of

Notice on a
Corporation

20. If any such Party be a Corporation Aggregate, such Notice shall be left at the principal Office of Business of such Corporation, or, if no such Office can after diligent Inquiry be Aggregate. found, shall be served on some principal Member, if any, of such Corporation; and such Notice 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.

• Sections 18-68 of this Act are not applicable so far as regards Railways in Ireland, since the passing of the Railways Act, Ireland, 1851: see § 3 of that act, 14 & 15 Vic. c. 70 (post, XX. 3.)

If Parties

disagree or Question to be settled as

will not treat,

after mentioned.

21. 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. 22. If no Agreement be come to between the Promoters of to Compensa- the Undertaking and the Owners of or Parties by this Act claim does enabled to sell and convey or release any Lands taken or required for or injuriously affected by the Execution of the Undertaking, or any 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, and if in any such Case the Compensation claimed shall not exceed Fifty Pounds, the same shall be settled by Two Justices.

Disputes as

tion where

not exceed

£30 to be settled by Two Justices.

Compensation above

£50, to be settled by Arbitration,

or by a Jury, at Option of

Party claim

ing Compen

sation.

23. If the Compensation claimed or offered in any such Case shall exceed Fifty Pounds, and if the Party claiming Compensation desire to have the same settled by Arbitration, and signify such Desire by Notice in Writing to the Promoters of the Undertaking before they have issued their Warrant to the Sheriff to summon a Jury in respect of such Lands, under the Provisions herein-after contained, stating in such Notice the Nature of the Interest in respect of which such Party claims Compensation, and the Amount of the Compensation so claimed, the same shall be so settled accordingly; but unless the Party claiming Compensation shall as aforesaid signify his Desire to have the Question of such Compensation settled by Arbitration, or if when the Matter shall have been referred to Arbitration the Arbitrators or their Umpire shall for Three Months have failed to make their or his Award, or if no final Award shall be made, the Question of such Compensation shall be settled by the Verdict of a Jury, as herein-after provided.

* See note in p. 247.

b § 22, 23 et seq.

• § 38, 39 et seq.