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

Purchase of
Lands by
Agreement.

X. It shall be lawful for any Person seised in Fee of, or enti- Where Vendor tled to dispose of absolutely for his own Benefit, any Lands autho- absolutely enrized to be purchased for the Purposes of the special Act to sell titled, Lands and convey such Lands or any Part thereof unto the Promoters may be sold of the Undertaking, in consideration of an annual Rent-charge on chief Rents.

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.

Tolls.

XI. The yearly Rents reserved by any such Conveyance shall Payment of be charged on the Tolls or Rates, if any, payable under the spe- Rents to be cial Act, and shall be otherwise secured in such Manner as shall charged on 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 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.

XII. In case the Promoters of the Undertaking shall be em- Power to purpowered by the special Act to purchase Lands for extraordinary chase Lands Purposes, it shall be lawful for all Parties who, under the Pro. required for visions herein-before contained, would be enabled to sell and con- additional Ac. vey Lands, to sell and convey the Lands so authorized to be

purchased for extraordinary Purposes.

commodation.

Lands.

XIIL It shall be lawful for the Promoters of the Undertaking Authority to to sell the Lands which they shall have so acquired for extra- sell and reordinary Purposes, or any Part thereof, in such Manner, and for purchase such such Considerations, and to such Persons, as the Promoters of the Undertaking may think fit, and again to purchase other 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 Undertaking, for the Purposes aforesaid, shall not exceed the prescribed Quantity.

XIV. The Promoters of the Undertaking shall not, by virtue Restraint on of the Power to purchase Land for extraordinary Purposes, pur- Purchase from chase more than the prescribed Quantity from any Party under incapacitated legal Disability, or who would not be able to sell and convey such Persons. 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

8 & 9 VICT.

L

be

Purchase of
Lands by
Agreement.

Municipal Cor

porations not to sell without the Approbation of the Treasury.

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.

XV. Nothing in this or the special Act contained shall enable any Municipal Corporation to sell for the Purposes of 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 Powers of this or the special Act empowered to purchase or take compulsorily.

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

before compulsory Powers put in force.

Evidence as to

Capital having been subscribed.

Notice of In

Lands.

XVI. 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 Expences 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.

XVII. A Certificate under the Hands of Two Justices, certifying that the whole of the prescribed Sum has been subscribed, shall be sufficient Evidence thereof, and on the Application of the Promoters of the Undertaking, and the Production of such Evidence as such Justices think proper and sufficient, such Justices shall grant such Certificate accordingly.

XVIII. When the Promoters of the Undertaking shall require tention to take to purchase or take any of the Lands which by this or the special Act, or any Act incorporated therewith, they are authorized to purchase or take, they shall give notice thereof 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 Estate and 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.

Service of
Notices on
Owners and
Occupiers of
Lands.

XIX. 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, shall also be left with the Occupier of such Lands, or,

if there be no such Occupier, shall be affixed upon some con

spicuous Part of such Lands.

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

settled as after mentioned.

XXL. If, for Twenty-one Days after the Service of such Notice, If Parties fail any such Party shall fail to state the Particulars of his Claim in to treat, or in respect of any such Land, or to treat with the Promoters of the case of Dispute, Undertaking in respect thereof, or if such Party and the Promoters Question to be 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 herein-after provided for settling Cases of disputed Compensation.

50. to be settled

XXIL If no Agreement be come to between the Promoters of Disputes as to the Undertaking and the Owners of or Parties by this Act enabled Compensation to sell and convey or release any Lands taken or required for or not exceeding injuriously affected by the Execution of the Undertaking, or any by Two JusInterest in such Lands, as to the Value of such Lands or of any tices. 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.

Jury, at the

XXIII. If the Compensation claimed or offered in any such Compensation Case shall exceed Fifty Pounds, and if the Party claiming Com- exceeding 501. pensation desire to have the same settled by Arbitration, and to be settled by signify such Desire by Notice in Writing to the Promoters of the Arbitration or Undertaking, before they have issued their Warrant fo the Sheriff Option of the to summon a Jury in respect of such Lands, under the Provisions Party claiming herein-after contained, stating in such Notice the Nature of the Compensation. 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 Marter 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.

XXIV. It shall be lawful for any Justice, upon the Application Method of proof either Party with respect to any Question of disputed Com- eceding for pensation by this or the special Act, or any Act incorporated settling Dis. therewith, authorized to be settled by Two Justices, to summon putes as to the other Party to appear before Two Justices, at a Time and Compensation Place to be named in the Summons; and upon the Appearance of such Parties, or in the Absence of any of them, upon Proof of

L 2

due

by Justices.

Purchase of due Service of the Summons, it shall be lawful for such Justices Lands otherwise to hear and determine such Question, and for that Purpose to than by

Agreement.

Appointment of Arbitrator

when Questions

are to be determined by Arbitration

Vacancy of Arbitrator be supplied.

Appointment of Umpire.

examine such Parties or any of them, and their Witnesses, upon Oath; and the Costs of every such Inquiry shall be in the Discretion of such Justices, and they shall settle the Amount

thereof.

XXV. When any Question of disputed Compensation by this or the special Act, or any Act incorporated therewith, authorized or required to be settled by Arbitration, shall have arisen, then, unless both Parties shall concur in the Appointment of a single Arbitrator, each Party, on the Request of the other Party, shall nominate and appoint an Arbitrator, to whom such Dispute shall be referred; and every Appointment of an Arbitrator shall be made on the Part of the Promoters of the Undertaking under the Hands of the said Promoters or any Two of them, or of their Secretary or Clerk, and on the Part of any other Party under the Hand of such Party, or, if such Party be a Corporation Aggregate, under the Common Seal of such Corporation; and such Appointment shall be delivered to the Arbitrator, and shall be deemed a Submission to Arbitration on the Part of the Party by whom the same shall be made; and after any such Appointment shall have been made neither Party shall have Power to revoke the same without the Consent of the other, nor shall the Death of either Party operate as a Revocation; and if for the Space of Fourteen Days after any such Dispute shall have arisen, and after a Request in Writing, in which shall be stated the Matter so required to be referred to Arbitration, shall have been served by the one Party on the other Party to appoint an Arbitrator, such last-mentioned Party fail to appoint such Arbitrator, then upon such Failure the Party making the Request, and having himself appointed an Arbitrator, may appoint such Arbitrator to act on behalf of both Parties, and such Arbitrator may proceed to hear and determine the Matters which shall be in dispute, and in such Case the Award or Determination of such single Arbitrator shall be final.

XXVI. If, before the Matters so referred shall be determined, any Arbitrator appointed by either Party die, or become incapable, the Party by whom such Arbitrator was appointed may nominate and appoint in Writing some other Person to act in his Place, and if, for the Space of Seven Days after Notice in Writing from the other Party for that Purpose, he fail to do so, the remaining or other Arbitrator may proceed ex parte; and every Arbitrator so to be substituted as aforesaid shall have the same Powers and Authorities as were vested in the former Arbitrator at the Time of such his Death or Disability as aforesaid.

XXVII. Where more than One Arbitrator shall have been appointed such Arbitrators shall, before they enter upon the Matters referred to them, nominate and appoint, by Writing under their Hands, an Umpire to decide on any such Matters on which they shali differ, or which shall be referred to him under the Provisions of this or the special Act, and if such Umpire shall die, or become incapable to act, they shall forthwith after such Death or Incapacity appoint another Umpire in his Place, and the Decision of every such Umpire on the Matters so referred to him shall be final.

XXVIII If

Arbitrators, in

XXVIII. If in either of the Cases aforesaid the said Arbitrators Appointment of shall refuse, or shall, for Seven Days after Request of either Party Umpire on to such Arbitration, neglect to appoint an Umpire, the Board of Neglect of the Trade, in any Case in which ja Railway Company shall be one case of Railway Party to the Arbitration, and Two Justices in any other Case, Companies. shall, on the Application of either Party to such Arbitration, appoint an Umpire, and the Decision of such Umpire on the Matters on which the Arbitrators shall differ, or which shall be referred to him under this or the special Act, shall be final.

XXIX. If, when a single Arbitrator shall have been appointed, If single Arsuch Arbitrator shall die or become incapable to act before he shall bitrator die have made his Award, the Matters referred to him shall be deter- Matter to begin de novo. mined by Arbitration under the Provisions of this or the special Act in the same Manner as if such Arbitrator had not been appointed.

XXX. If, where more than One Arbitrator shall have been If either Arbiappointed, either of the Arbitrators refuse or for Seven Days trator refuse to neglect to act the other Arbitrator may proceed ex parte, and act the other to the Decision of such other Arbitrator shall be as effectual as if he proceed ex parte, had been the single Arbitrator appointed by both Parties.

XXXI. If where more than One Arbitrator shall have been If Arbitrators appointed, and where neither of them shall refuse or neglect to act fail to make as aforesaid, such Arbitrators shall fail to make their Award within their Award within TwentyTwenty-one Days after the Day on which the last of such Arbitrabos stall have been appointed, or within such extended Time one Days the (if any) as shall have been appointed for that Purpose by both to the Umpire. such Arbitrators under their Hands, the Matters referred to them

shall be determined by the Umpire to be appointed as aforesaid.

XXXII. The said Arbitrators or their Umpire may call for the Power of ArbiProduction of any Documents in the Possession or Power of either trators to call Party which they or he may think necessary for determining the for Books, &c. Question in dispute, and may examine the Parties or their Wit

nesses on Oath, and administer the Oaths necessary for that

Purpose.

XXXIII. Before

any Arbitrator or Umpire shall enter into the Arbitrator or Consideration of any Matters referred to him, he shall in the Umpire to make Presence of a Justice make and subscribe the following Declara- a Declaration.

tion; that is to say,

4. B. do solemnly and sincerely declare, That I will faithfully and honestly, and to the best of my Skill and Ability, hear and determine the Matters referred to me under the Provisions ، of the Act [naming the special Act].

A.B.

Made and subscribed in the Presence of
And such Declaration shall be annexed to the Award when made;

shall wilfully act contrary thereto he shall be guilty of a Mis

demeanor.

XXXIV. All the Costs of any such Arbitration, and incident Costs of ArbiPromoters of the Undertaking, unless the Arbitrators shall award be borne. thereto, to be settled by the Arbitrators, shall be borne by the tration how to the same or a less Sum than shall have been offered by the ProAnoters of the Undertaking, in which Case each Party shall bear his own Costs incident to the Arbitration, and the Costs of the Arbitrators shall be borne by the Parties in equal Proportions.

L3

XXXV. The