Land Clauses Act 1847 (SA)

No. 6.

ORDINANCE: enacted 6y the Goverr tor of South Australia, with the aduice

and consent of the Legidatice Council.

To conso!idate in one Ordinance certain provisions usuaZly inserted

in Acts authorizing -the taking of

Public Nuture.

Lands ..for undertakings o f a

C26th March, 1847.1

HEREAS it is expedient to comprisc in one general Act or Preamble.

Parliament relrttivc to the acquisition of lands required for Under-	W Ordinance sundry provisions usually introduced into Acts of
talrings or Works of a Public Nature, and to the compensation to be made for the same, and that as well for the purpose of avoiding the necessity of repeating such 'provisions in each of the several Ordi- nances relating to such Undertakings, as for ensuring greater uni- formity in the provisions themselves:-

Ordinance which shall hcreafter bc passed, and which shall authorize passed.

Ordinance shall apply to evcry other undertaking authorized by any hereafter to be

the purchase or taking of lands for such underbking, and this Or&nanc~ shall be incorporated therewith; and all the clauses and provisions hereof, save so fdr as they shall be expressly varied or excepted by any such Ordinance, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Ordinance which shall be incorporated with such Ordinance, form part thereof, and be construed together therewith, as forming one Act. *4nd

Be it therefore Enacted, by the Governor of South Australia, with Ordinance to apply

the advice and consent of the 1,egislstivc Council thcreof-That this autao,+ed by to all undertakings

And with respect to the construction hereof, and of Ordinances '

to be incorporated hereof: Be it Enacted as follows-

interpretations, 11. The expression Act" used herein shall be construed to r n e ~ i ~

Ordinance enacted by the Governor of South Australia, with the advice and consent of the Legislative Council thcwof; the expression

" the Special Act" used in this Act shall be construed to mean

any Act which shall be hereafter passed which shall authorize the taking of lands for the undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid; and the word c. prcscribcd " used in this Act, in reference to any matter herein stutcd, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act, and the sentence in which such word shall occur shdl be construed as if, instead of the"'word prescribed," the expression " prescribed for that purpose in 'the Special Act" had been used; and the expres- sion " thc works" or the " undertaking" shall mean the works or undertaking of whatever nature, which shall by the Special Act be authorized to be executed; and the expression 'c the promoters of the undertaking" shall mean the parties, whether Company, Undcr- takers, Commissioners, Trustees, Corporations, or Private Persons, by the Special Act empowered to execute such works or undertaking.

Inte &tiominthis 111. The following words and expressions, both in this and the

and 2 0 Sp80Y1 Aot. Special Act, shall have the several meanings hereby assigned to them, unless there be something either in the subject or context repugnant to such construction, that is to say-

Words importing the singular number only shall include the plural number: and words importing the plural number only shall include the singular number.

Words importing the masculine gendcr only shall include females.

The word lands" shall extend to messuages, lands, tenements,

and hereditarnents of any tenure.

The word (G lease" shall include an agreement for a lease.

The word " month" shall mean calendar month.

The expression Superior Courts" shall mean the Supreme or

Superior Courts of Record in the Province.

The word " oath" shall include affirmation in the case of Quakers, or other declaration lawfully substituted for an oath, in the case of any other persons exempted by law from the ncccssity of taking an oath.

Wherc, under the provisions of this or the Special Act, or any Act incoi-pomted therewith, any notice shall be required to be given to the owner of any lands, or where any Act shall be authorized or required to be done with the consent of any such owner, the word "owner" shall be understood to mean any person or Corporation who, under the provisions of this or the Special Act, would be enabled to sell and convey lands to the promoters of the undertaking,

The

The	word
Justices" shall mean Justices of the l'cacc fur the Province, who shall not bc interested in thc matter. And where any matter shall be authorized or required to be done
by two Justices, the expression "two Justices" shall be under-
stood to mean two Justices assembled and acting together.
The	expression G the Bank" shall mean any Chartered Bank.
IV.	And be it Enacted, That in citing this Act in other Acts, Short title ofthe Act*

and in legal instruments, it shall be sufficient to use the expression, "The Lands Clauses Consolidation Act." a

Form in which por-

V. And whereas it may be convenient, in some cases, to incor- tions of this A C ~ ma

porate with Acts hereafter to bc passed, some portion only of the $hEizpted

wd

provisions of this Act: Be it therefore Enacted-That for the pur- pose of making any such incorporation, it shall be sufficient in any such Act to enact that the clauses of this Act, with respect to the matter so proposed to bc incorporated (describing such matter as it is described in this Act, in the words introductory to the enactment with respect to such matters), shall be incorporated with such Act, and thereupon all the clauses and provisions of this Act with respect to the matter so incorporated shall, save so far as they shall bc expressly varied or excepted by such Act, form part of such Act, and such ,4ct shall be construed as if the substance of such chuses and provisions were set forth thcrein, with reference to the matter to which such Act shall relate.

.4nd with respect to the purchase of lands by agreement: Be it firchase @ zands

Enacted as follows- by agreement.

VI. That, subject to the provisions of this and the Special Act, it Power to purchase

shall be lawful for the promoters of the undertaking to agree with hnds by agreement*

the owners of any lands by the Special Act, authorized to be taken,

and which shall be required for the purposes of such Act, and with

all parties having any estate or interest in such lands, or by this or

the Special Act enabled to sell and convey the same, for the absolute	purchase, for a consideration in money, of any such lands, or such
parts thereof as they shall think proper, and of all estates and
interests in such lands of what kind soever.

VII. That it shall be lawful for all parties, being seised, possessed Parties under h- ability enabled to

of, or entitled to any such lands, or any estate or interest therein, to ,,H

and convey.

sell and convey or release the same to the promoters of the under- taking, and to enter into all necessary agreements for that purpose; and particularly, it shall bc lawful for all or any of the following parties so seised, posscsscd, or entitled as aforesaid, so to sell, convey, or release, that is to say-all Corporations, tenants entail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feofees in trust for charitable or other purposes, executors and administrators, or all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession, or subjcct to any estate in dower, or to any lease for life, or for lives and years,

or

hy agreement. vey or release, as aforesaid, may lawfully be exercised by all such Purchase o j lands or for years, or any less interest; and the power so to sell and con

parties, other than married women entitled to dower, or lessees for

life, or for lives and years, or for years, or for any less interest, not

only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for'and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics andidiots of whom they are the committees respectively, and 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 infdnts, issue born, 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.

Parties uuder dis-

ability to exercise:	VIII. That the power to release lands from any rent, charge, or encumbrance, and to agree for the apportionment of any such rent, charge, or encumbrance, shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and convey or
other powers.
release lands to the promoters of the undertaking.

IX. That the purchase money or compensation to be paid for any

Amount nation in Of case of par-

ties under disability lands to be purchased or taken from any party under any disability

w ~ * - ~ ~

valuation and paxd	or incapacity, and not having power to scll or convey such lands,
into the B&.	exceet under the provisions of this or the Special and the com~ensstion to b i paid for any permanent hamage o r 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
visions hereinafter contained, be less than shall be determined by valuation of a surveyor appointed by two Justices under the pro-
the valuation of. two able practical surveyors, one of whom shall b;
nominated by the promoters of the undertaking, and the other by the other party, and if two such 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 suyveyors 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 hereinafter mentioned.
Where vendor abm-

lutely entitled, land8 : X, That it shall be lawful for any person seised in fee of, or

may be on dief entitled to dispose of absolutely for his own benefit, any lands

mnta. authorized

authorized to bt. p u r c h e d for the purposes of the Special Act, to P ~ t d m e o f hfidr

sell and convey such lauds or any part thereof unto the promoters by agreement.

of the undertaking, in consideration of an annual rent charge

payable by :the promoters of the undertaking; but except as

aforesaid, the consideration to be paid for the purchasc of any such

lands, or for any damage done thereto, shall be in a gross sum.

XI. That the year1 y rents reserved by any such conveyance shall ~,"g,"~e;fo~~;~

be charged on the tolls or rates, if any, payable under the Special Act, and shall be otherwise securel in suih manner 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 within thirty days after they so become payable, and after dcinantl tlrcreof in writing, the person to whom any such rent shall be payable may either recover the same from thc promoters of the undertnbing, 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. That in case the promoters of the undertaking shall be Power to purchase lands required for

empowered by the Special Act to purcham lands for extraordinary accommo-

Durnoses, it shall be lawful for all parties who. under the ~rovisiotls	dation,
herknbefore contained, would be hlabled to &l1 and con& lands, to scll and convey the lands SO authorized to be purchascdfor extra- ordinary purposes.

XIII. That it shall be l a d u l for the promoters of the undertaking Authority to sell and repurchase such

to sell the lands which they shall have so acquired for extraordinary 1,,as.

purposes, or any part thereof, in such manner, and for such con-

siderations, anit to such persons as thc promoters of the undertaking

may think fit; and again to purchase other lands for the like pur-

poses, and afterwards sell thc same, and so from time to timc; but

the total quantity of lands to bc held at any one timc by the pro-

moters of the undertaking for the purposes aforesaid, shall not

exceed the prescribed quantity.

XIV. That the promoters of the undertaking shall not, by virtue Restraint on purchaae

of the power to purchase land for extraordinary purposes, purchase

more than the prescribed quantity from any party under legal dis- ability, 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 lcgal disability, and afterwards sell the whole or any part of thc land so purchased, it shall not he lawful

for any party being undcr legal disability to scll to the promoters of

the undertaking any other lands in lieu of the lands so sold or

disposed of by them.

XV. That nothing in this or the Special Act contained shall Municipal Corpora- tions not to sell with-

enable any Municipal Corporation to sell, for the purposes of the, appmaation of

Special the Governor.

Special Act, without the approbation of the Governor fbr the time being of the said Province, any lands which thcy could not have sold 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.

P t m h s e - of lands And with respect to thc purchase and .taking of lands otherwise

O'daw*e	than	than by agreement -Be	it enacted as follows:
aypernewt.

Capital to be sub-

scribed beforo corn-	XVI. That where the undertaking is intended to be carried into undertaking, the whole of the capital or estimated sum for defray- ing 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 fbr the pur- poses of the undertaking.
pulsory power8 of	effect by means of a capital to be subscribed by the promoters of the
purchase put in force.
A certificate of two	XVII. That a certificate under the hands of two Justices,. cer- shall be sufficient evidence thereof; and on the spidication of the promoters of the undertaking, and the production of' such evidcnce as such Justices shall think proper and sufficient, such Justices shall grant such certificate accordingly.

be evi-

dence that the capital	tifylng that the whole of the prescribed sum has been s~bsc~ibed,
has been subscribed.
Notice of intention to	XVIII. That when the promoters of thc undertaking shall require to purchase or take any of the lands which by this or the Special Act or any Act incorporated therewith they are authorized to pur- chase 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 parti-
take lands.
made by them in respect thereof; and cvcry such notice s l d state culars of their estate and interest in such lands, and of the claims
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 bc made to all parties for the damage that may be sustained by them by reason of the execution of the works.

&+ce of notice on

ownere and occupiers	XIX. That all notices required to be served by the promoters of the undertaking upon the parties interested in OF entitled to sell any such landsrshill eithcr be served personally on such parties or left a t 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 Province, or cannot be found after diligent inquiry, shall also be left with the occupier of such lands, or, if there be no such
of h a.
occupier, shall be affixed upon some conspicuous part of such lands.

XX. That

XX. That if any such party be a corporation aggregate, such P m h e of

notice shall be left at the principd office of business of such cor-	otherwise than by
poration; or if no such office can, after diligent inquiry, be found,

shall be served on somc principal member, if any, of such corpora- ~0"&4~~~~$~~e~0n

tion, and suck notice shall also be left with the occupier of such gate.

lands, or, if there be no such occupier, shall be affixed upon somc

conspicuous part of such lands.

XXI. That if for twenty-one days after the service of such notice, If or pa*i0sfai1 in case of dispute, treat,

any such party shall fail to state the particulars of his claim in queat iont~he

settled

undcrtaking in respect thereof, or if such party and the promoters of

thc undertaking shall not agree as to thc amount of the compensa-

tion 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

respect of any such land, or to treat with the pxomoters of the aSdterm"tionea. 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 ciisputed compensation.

XXII. That if no agreement be come to between the promoters Diswtes as to corn-

of the undertaking and the owners of, or parties by this Act enabled pensation, where the amount claimed does

to sell and convey, or release any lamis taken or required for, or not exceedPifty Pounds t o be eottled

injuriously affected by, the execution of the undertalcing, or ally l,,	jush,,
interest in such lands, as to the valuc of such lands, or of any interest therein, or as to the compensation to be made in respect thcreof, and if in any such case the compensation claimed shall not exceed FZty Pounds, the same shall be settled by two Justices.

XXIII. That if the compensation claimed or offered in any such ~; $; ; ~ ~ ~; ~ ~ ~

case shall exceed Fifty Pounds, and if the party claiming cornpensa- be aettlcd by arbitra-

tion desire to have the same set--arbitration, - -- and signify such tion or jury, at the option of the party

desire by notice in writing %-the promotws of the undertaking, claiming cornpuma-

before they haw ismed their- warrant to the Sheriff to summon a tion.

jury in respect of such lands, under the provisions hereinafter con-

tained, stating in such notice the nature of the intercst in respect of

which such party claims compensation, a@. the of th'e com- pensalion so claimed, the same shall be so settled a c c o r d m u t unless the party cla&ing 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 arbi- tration, thc arbitrators or their umpire shall for three months have failed to make their or his award, or if no find award shall be made, the question of such compensation shall bc settled by the verdict of

a jury, as hereinafter provided.

XXIV. That it shall be lawful for any Justice, upon the applica- Method of ptoceezng

tion of either party, with respect to any question of disputed corn- as to coqena~ t ion~y for settling disputes

pensation by this or the Special Act, or any Act incorporated there- Justices.

with, authorized to be settled by two Justices, to summon the other

party to appear before two Justices, at a time and place to be named

in

P w c h a ~	of h n L in the summons, and upon the appearance of such parties, or in the
O'herwise

agreement. by absence of any of them, upon proof of duc service of the summons,

it shall be lawful for such Justices to hear and determine such ques-

tion, and for that ,purpose, to 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, That when any question of disputed compensation by rized 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 othcr party, shall nomi- nate 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

A~~intmentOPmbi

tratbr when queetim

W to be determined

this or the Special Act, or any Act incorporated thercwith, autho-

by arbitration.

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 othcr party to appoint an arbitrator, such last- mentioned party fail to appoint such arbitrator, then upon such failure the party making such 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 shdl be in dispute; and in such case, the award

ox determination of such single arbitrator shall be final.

Vacancy of arbitra-

tor to be supplied.

XXVI. That if, before the matters so referred shdl be deter- mined, any arbitrator appointed by either party die, or become in- capable, 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 sevcn 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 parre ; and every arbitrator so to

be substituted as aforesaid shall have thc same powers and authorities

as were vested in the former arbitrator at the time of such his death

or disability as aforesaid.

9 I

'i A ~ ~ o i n h a t o f u m - XXVII, That where more than one arbitrator shall have been

i pire. 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

shall

shall differ, or which shall be referred to him under the pror~isions Purchase of lunch

of this or the Special Act, and if such umpire shall dic, or become ag,,e8msnl.	otherwise than by
incapable to act, they shall forthwith after such death or incapacity, appoint anothcr umpire in his placc, and the decision of every such umpire, on the matters so referred to him, shall be final.

XXVIII. That if, in either of the cases doyesaid, the said arbi- Governor empowered

trators shall refuse, or shall for seven days after the request of ~	~	~	~	~	~	,	~	~	J
either party to such arbitration, neglcct to

Governor, in any case in which a rtailway Company shall be one Railway Companies. appoint an umpire, the bitrators, in case of

party to the arbitration, and two Justices in any other case, shall, on the application of either party to such arbitration, appoint an umpire, and the decision of such umpire on thc matters on which thgarbitrators shall differ, or which ;hall be referred to him under this or the Special Act, shall be final.

XXIX. Tllat if, whcn a single arbitrator shall have been ap- In caseof deathof

pointed, such arbitrator shall die or become incapable to act before matter to begin ds single arbitrator, the

he shall have made his award, the matters referred to him shall be ~ O W

determined by arbitration, under provisions of this or the Special

Act, in the same manner as if such arbitrator had not been appointed.

XXX, That, if, where more than one arbitrator shall have been If eitherarbitrator re-

appointed, either of the arbitmtors refusc, or for seven days neglect fuse to act, the other	to proceed ex par&
to act, the other arbitrator may procccd etr yarte, and the decision
of such other arbitrator shall be as effectual as if he had been the
single arbitrator appointed by both parties,

XXXI. That if, where more than one arbitrator shall have been 1f arbit,rators fail to

appointed, and where neither of them shall refuse or neglect to act

as aforesaid, such arbitrators shall fail to make their award within days, the matter to go

twenty-one days after the day on which the last of such arbitrators	the unlpire-
shall have been appointed, or within such extended time (if any)
as shall have been appointed for that purpose by both such arhitra-
tors under their hands, the matters referred to them shall bc deter-
mined by the umpire to be appointed as aforesaid.

XXXII. That the said arbitrators or their urnpirc may call for Power of arbitrators

the production of any documents in thc possession or power of either to call for books, &C.

party, which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose.

XXX 111. That before any arbitrator or umpire shall enter into fiitrator to nmke R dcdarition. or umr)iru

the consideration of any matters referred to him, hc shall, in thr

*

presence of s Justice, make and subscribe the fbllowing declaration,

that is to say-

" I, A. B., do solcmuly and sincerely declare, that I will fhith-

fully 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.] ‘L A, B.

9 j

Made and subscribed in the presence of

f i r c h m of lands

And such declaration shall be annexed to the award when madc;

otherwise than by

agreement.

and if any arbitrittor or umpire, having made such declaration, shall

wilfully act contrary thereto, he shall be guilty of a misdemeanor.

CoN"mbib~0n2

how to be borne.

XXXIV. That all the costs of any such arbitration, and incident thereto, to be settled by the arbitrators, shall be borne by the pro- moters of the undertaking, unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters 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.

Award to be delivered

tothe promoh of the

XXXV. That the arbitrators shall deliver their award in writing to the promoters of the undertaking, and the said promoters shall retain the same, and shall forthwith, on demand, at their own expense, furnish a copy thereof to the other party to the arbitration, and shall at all times, on demand, produce the said award, and allow the same to be inspected or examined by such party, or any person appointed by him for that purpose.

undertaking.

Submkion may be

made a rule of Court-

XXXVI. That the submission to any such arbitration may be

made a rule of any of the Superior Courts, on tahe application of

either of the parties,

Award not void .

through error inform.

XXXVII. That no award made with respect to any question

referred to arbitration under the provisions of this or the Special

Act shall be set aside for irregularity or error in matter of form.

Promoters of the

undexhking to givo XXXVIII. That before the promoters of the undertaking shall

noticebeforesummon- issue their warrant tor summoning a jury for settling any casc of ing a jury. disputed compensation, they shall give not less than ten days' notice

to the other party of their intention to cause such jury to be sum- moned; and in such notice the promoters of the undertaking shall state what sum of money they are willing to give for the interest on

and for the damage to be sustaincd by him by the cxecution of the	such lands sought to be purchased by them from such party,
works.

warrant ing jury to be ad-

for Summon- XXXIX, That in every casc in which any such question of dis- puted compensation shall be required to be determined by the verdict of a jury, the promotcrs of the undertaking shall issue their warrant to the Sheriff, requiring him to summon a jury for that ourDose; and such warrant shall be under the common seal of the

dressed to the Sheriff.

I I

promoters of the undertaking, if they be a corporation; or if they be not a corporation, under the hands and seals of such promoters or any two of them; and if such Sheriff be interested in the matter in dispute, such application shall be made to some Coroner of the Province; and if all the Coroners be so interested, such application may be made to some person having filled the office of Sheriff or Coroner in the Province, and who shall be then living therein, and who shall not -be interested in the matter in dispute; and with

respect

respect to the persons last mentioned, preference shall bc given to p ~ h ~ s e ?f hn*

one who shall have most recently served either of the said offices; a9reemmt.

otherwise than by

and every ex-Sheriff, Coroner, or cx-Coroner, shall have power, if

he thinks fit, to appoint a deputy or assessor.

XL. That throughout the enactments contained in this Act Provisions applicabla to S h e S to apply to

relating to the reference to a jury, where the term G Sherifi" is used, the provisions applicable thereto shall be held to apply to every Coroner or other person lawfully acting in his place; and in every case in which any such warrant shall have been directed to any other person than thc Sheriff, such Sheriff shall, immediately on receiving notice of the delivery of the warrant, deliver ovcr, on application for that purpose, to ihe person to whom the same sl~t l l have been directed, or to any person appointed by him to receive thc same, the Jurors' Book, and Special Jurors' List belonging to the county where the lands in question shall be situate.

XLI. That upon the receipt of such warrant, the Sheriff shall Jury to be ~ ~ m o n e d.

summon a jury of twenty-four indifferent persons, duly qualified to act as common jurymen in the Supreme Court, to meet at a con- venient time a id placc to be appointed by him for that purpose, such time not being lcss than fourteen nor more than twentyone days after the receipt of such warrant, and such place not being more than eight miles distant from the lands in question, unless by consent of the parties interested; and he shall forthwith give notice to the promoters of the works of the time and placc so appointed by him.

XLIL That out of the jurors appearing upon such summons, a ~q to be impan-

jury of twelve persons shall be drawn by the Sheriff, in such manner nelled. as juries for trials of issues ioined in the Suucrior Courts are bv law reiuired to be drawn; andd if a sufficient knober of jurymen do not appear in obedience to such summons, the Sheriff shall return other indifferent men; duly qualified as aforesaid, of the bystanders,	or others that can speedily be: procured, to make up the jury to the	numbcr aforesaid; and all parties concerned may have their lawful
challenge against any of the jurymen, but no such party shall challenge the array.
XLIII. That any Judge of the Supreme Court, or any Chmis - sioner of the said Court, in this behalf duly appointed by the Go- Judge or Commis- eioner, or Sheriff, to

presido. Witnesses to

vernor, or in default of such Judge or Commissioner, the sheriff

bc summoned.

shall prcside on the said inquiry; and the party claiming compen- sation shall be deemed thc plaintiff, and shall have all such rights and privileges as the plaintiff is entitled to in the trial of actions at law; and if either party so request in writing, the presiding Judge, Commissioner, or Sheriff, shall summon any person consi- dered necessary to be examined as a witness touching the matters in question; and on the like request shall cause the jury, or any six or more of them, to view the place or matter in controversy, in like manner as views may be had in the trial of actions in the Superior

Courts. XLIV. That

Purcha.pe of lands

otherwise than 6y XLIV. That if the Sheriff make default in any of the matters

agreement. hereinbefore required to be done by him in relation to any such

* trial or inquiry, he shall forfeit Fifty Pounds for every such offence,

Penalty on Sheriff

and such penalties shall be recoverable by the promoters of the

and jury for default.

undertaking by action in any of the Superior Courts; and if any person summoned and returned upon any jury, under this or the Special Act, whether common or special, do not appear; or, if appearing, he refuses to make oath, or in any other manner unlaw- fully neglect his duty, he shall, unless he shall show reasonable excuse to the satisfaction of the Sheriff, forfeit a sum not exceeding Ten Pounds; and every such penalty payable by a Sheriff or juryman shall be applied in satisfaction of the costs of the inquiry, so far as the same will extend; and in addition to the penalty hereby im- posed, every such juryman shall be subject to the same regulations, pains, and penalties, as if such jury had been returned for the trial of an issue joined in any of the Superior Courts.

Penalty on witnewes

making default.

XLV. That if any person duly summoned to give evidence upon any such inquiry, and to whom a tender of his reasonable expenses shall have been made, fail to appear at the time and place specified

in the summons, without sufficient cause, or if any person, whether

summoned or not, who shall appear as a witness, refuse to be examined on oath touching the subject matter in question, every person so offendbig shall forfeit to the party aggrieved, a sum not exceeding Ten Pounds.

Notice of inquiry.

XLVI. That not less than ten days' notice of the time and place

of the inquiry shall be given in writing by the promoters of the

undertaking to the other party.

If the party make

default, the inquiry XLVTI. That if the party claiming compensation shall not ap-

not to proceed.	pear at the time appointed for the inquiry, such inquiry shall not be further proceeded in, but the compensation to be paid shall be
such as shall be ascertained by a surveyor appointed by two Justices
in manner hereinafter provided.
Jury to he sworn.	XLVIIT. That before the jury proceed to inquire of and assess the compensation or damage in respect of which their verdict is to be given, they shall make oath that they will truly and faithfully inquire of and assess such compensation or damage, and the Sheriff shall administer such oaths, as well as the oaths of all persons called upon to give evidence.
Bum8 to be aid for	XLIX. That whcre such inauirv shall relate to the value of done or to be done to the lands held therewith, the jury shall deliver their verdict separately for the sum of money to be paid for the purchase of the lands required for the works, or of any interest therein belonging to the party with whom the question of disputed compensation shall have arisen; or which, under the provisions herein contained, he is enabled to sell or convey, and for the sum

purchase for damage, ofimda to be and lands to be purchased, and also i o ~ompensation claimed for injury

assessed separately.

of

Purcbse of land8

of money to be paid by way of compensation for the damage, if any,	otherwise than by
to bc sustained by the owner of thc lands, by reason of the scvcring	agreement.
of thc lands kdwn from the other lands of such owner, or otherwise injuriously affecting such lands by the exercise of the powers of this or the Special Act, or any Act incorporated therewith.
L. That the presiding Judge, Commissioner, or Sheriff, before whom such inquiry shall he held, shall givc judgment for the pur-	Verdiot and judgment
to be recorded.
chm-rn3ne or corn ensation assess2 by such jury, and the verdict afid j u d g r n c w e d by him, and being so signed, shall be kept by the proper officer among the records of thc Supreme Court; and such verdicts and judgments shall be deemed records, and the same, or true copies thereof, shall be good evidence in all courts, and elsewhere; and all persons may inspect the said verdicts and judgments, and may haw copies thereof, or extracts therefrom, on paying for each inspection thereof One Shilling, and for every one hundred words copied or extractcd therefrom Sixpence, which copies or extracts &e clerk or othcr proper offic\.r is fiereby required to make out, and to sign and certify the same to be true copies.

LI. That on every such inquiry before a jury, wkere the verdict ~ o s t s of the inquiry,

be given for a greater sum than the sum pre- how to be borne.

the promoters of the undertaking, all the costs

of such inquiry shall bc borne by the promoters of tGe undertaking; but if the Gerdict of the jury be k i v e n - f o ~ h e same, or a less - S& t w h e sum previously 'offered by theaomoters of tEunder -

taking, or Ff thc owner?ZXG-hnds shall have failed to amear at the t ike and place appointed for the inquiry, having rece;&d due

notice thereof, one half of the costs of summoning, i m j e n g, *- ---.

andreturning the Jury, a i r S o f - t ~ i g the w r y and r e c o r h h

the verdictkan7t judg'inent thcreon, in case such verdict=U be taken, shall be dkfriyed by the owners of the lands, and the other half by the promoters of t7ik und2rtalring, a n x each party shall bear his own costs, other than as aforesaid, incident to such inquiry.

ference, be settled by the Master or other proper officer of the LII. That the costs of any such inquiry shall, in case of Cif- :$Fdamofthe

Supreme Court, on the application of either party; and such costs shall includc all reasonable costs, charges, and expenses incurred in summoning, impannelling, and returning the jury, taking the in- quiry, the attendance of witnesses, the employment of counsel and attoneys, recording the verdict and judgment thereon, and other- wise incident to such inquiry.

LIII. That if any such costs shall be payable by the promoters Payment

of the undertaking, and if within seven days after demand such costs be not pnid to the party entitled to receive the same, they shall be recoverable by distress, and on application to auy Justice he shall issue his warrant accordingly; and if any such costs shall

be payable by the owner of the lands, or of any interest therein,

the

Pwchqae Of lands, the same may bc deducted and retained by the promoters of the

otherwzse than b t ~, nndert k*

a lug out of any money awarded by the jnry to such owner, or determined by the viluation of a survevor under the provision hereinafter corkained; and the paymcnt or heposit of the remainder, if any, of such money, shall be deemed payment and satisfaction of the whole thereof; or if such costs shall exceed the amount of thc moncy so awarded or determined, the excess shall be recoverable by distress; and on application to any Justice, he shall issue his warrant accordingly.

Bpecid jury to be	eummoned at the re-	LIV. That if either party desire any such question of disputed compensation as aforesaid to be tried before a special jury, such question shall: be so tried, provided that notice of snch desirc, if coming from- the other party, be given to the promoters of the undertaking tleforc they have idsued their warrant to the Sheriff; and for that purpose the promoters of the undertaking shall by their warrant to the Sheriff, require him to noninate a special jury for such trial; and thereupon the Sheriff shall, as soon as conveniently may be after the receipt by him of such warrant, summon both the parties to appear before him, by themselves or their attorneys, at some convenient time and place appointed by him, for the pur- pose of nominating a special jury (not being less than five nor more than eight days from the service of such summons); and at the place and time so apyointed, the Sheriff shall proceed to nominate and strike a special jury, in the manner in which such juries shall be required by the laws for the time bcing in force to be nominated or struck by the proper officers of the Superior Courts; and the Sheriff shall appoint a day, not later than thc eighth day after striking of such jury, for the parties or their agents to appear before him to reduce the number of such jury, and thereof shall give four days' notice to the parties; and on the day so ap- pointed, the Sheriff shall proceed to reduce the said special jury to the number of .twenty, in the manner used and accustomed by the proper officers of the Superior Courts.
qaeet of eithc r party.
Deficiency of special	LV. That the special jury on such inquiry shall consist of twelve of the said twenty who shall first appear on the names being called over, the parties having their lawful challenges against any of the said juryman; arid if a full jury do not appear, or if after such challenges a full jury do' not remain, then, upon application of either party, the Sheriff shall add to the list of such jury the names of any other disinterested persons qualified to act as special or common jurymen, who shall not have been previously struck off the aforesaid list, and who may then be attendiug the Court, or can speedily be procured, so as to complete such jury, all parties having their lawful challenges against such persons; and the presiding Judge, Commissioner, or Sheriff shall proceed to the trial and ad- judication of the matters in question by such jury, and such trial shall be attended in all respects with the like' incidents and con- sequences, and the like penalties shall be applicable as hereinbefore provided in the case of a trial by common jury.
jurymen.

LV I. That

LVI. That any other inquiry than that for the trial of which P u d m e of

such special jury may have been struck and reduced as aforesaid,	otheswise than hy
may be tried by such jury, provided the parties thereto respectively	Other inquiries before
shall give their consent to such trial.
consent. some special jury by

LVII. That no juryman shall, without his consent, be summoned Jurymen not to

or required to attend on any proceeding as aforesaid morc than

once in any year. y:z

LVIII. That the purchase-money or compensation to be paid for Compensation to ab- sent parties to be

any lands to be purchased or taken by the promoters of the under- by a 8ur-

taking from any party who, by reason of absence from the Province, w o r a p ~ o i n t e d b ~

is prevented from treating, or who cannot, after diligent inquiry, be two Judces.

found, or who shall not appear at the time appointed for the inquiry

before the jury as hereinbef orc provided for, after. due notice thvreof,

and the compcnsation to be paid for any permanent injury to such

lands shall be such as shall be detcrmined by the valuation of

such able practical surveyor, who shall not be interested in the

matter, as two Justices shall nominate for that purpose, as herein-

after mentioned.

LIX. That upon application by the promoters of the undertaking Two Justicea to

to two Justices, and upon such proof as shall be satisfactory to 'Ominate	a ameyOr*
them that any such party is, by reason of absence from the Province, prevented from treating, or cannot after diligent inquiry be found, or that any such party failed to appear on such inquiry before a jury as aforesaid, after due notice to him for that purpose, such Justices shall, by writing undcr their hands, nominate an able practical surveyor, who shall not be interested in the matter,
for determining such compensation as aforesaid, and such survcyor
shall determine the same accordingly, and shall annex to his valua- tion a declaration in writing subscribed by him, of the correctness thereof.

LX. l hat before such surveyor shall enter upon the duty of Declaration to be

making such valuation as aforesaid, he shall in the prcsence of such madebythe aumeyOr.

Justices, or one of them, make and subscribe the declaration fol- lowing, at the foot of such nomination, that is to say-

'& I, A, B,, do solemnly and sincerely declare, that I will faith- fully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me, and that I am not in any way, directly or indirectly,

intcrested in the matter. A.B.

? S

Made and subscribed in the presence of

And if any surveyor shall corruptly or falsely make such dcclara- tion, or, having madc such declaration, shall wilfully act contrary thereto, he shall bc guilty of a misdemeanor.

LXI. That the said nomination and declaration shall be annexed valuation, &C., to be

to the valuation to be made by swh survcpor, and shall be preserved produce& owner of to the the lands on

together demand.

P ~ e k m of h d s together therewith, by the promoters of the undertaking, and they

o"wwi8e than 'Y

shall at all times produce the said valuation and other documents,

agreement.

on demand, to the owner of the lands comprised in such valuation,

and to all other parties interested therein.

tobebme

by promoters. LXII. That all the expenses of and incident to every such valuation shall be bornc by the promoters of the undertaking.

Purchase mone and LXIII. That in estimating the purchase money or compensation to be paid by the promoters of the undert,aking, in any of the cases aforesaid, regard shall be had by the Justices, arbitrators, or surveyors, as the case may be, not only to the value of the land to be purchased or taken by thc promoters of the undertaking, but also to the damage, if any, to be sustained by the owner of the lands 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 cxercise of the powers of this or the Special Act, or any Act incorporated therewith.

oornpensstioo, LT ~

be estimated.

Wherecompensation LXIV. That when the compensation payable in respect of any

to absent party has

been aeteminea by, lands, or any interest therein, shall have been ascertained by the

or, the P ~ * Y valuation of a surveyor, and deposited in the Bank under thc pro-

m y Ears tbe same

submitted to mbitra- visions herein contained, by reason that the owner of or party

tion. entitled to convey such lands or such interest therein as aforesaid

could not be found, or was abscnt from the Province, if such owner or party shall bc dissatisfied with such valuation, it shall bc lawful for him, before he shall have applied to the Court for payment or investment of the moneys so deposited under the provisions hcrein contained, by notice in writing to the promoters of the undertaking, to require the question of such compensation to be submitted to arbitration, and thereupon thc same shall be so submitted accord- ingly, in thc same manner as in other cases of disputed com- pensation hereinbefore authorized or required to be submitted to arbitration.

Question to be sub-

mitted to the arbitra-	LXV. That the question to be submitted to the arbitrators in the case last aforesaid shall be, whether the said sum so deposited as aforcsaid by the promoters of the undertaking was a sufficient sum, or whetLer a 6 and what further sum ouiht to be paid or deposited by them.
tom.
If further sum
awarded, promoters	LXVI. That if the arbitrators shall award that a further sum ought to be paid or dcpositcd by the promoters of the undertaking,
to pay or deposit
Bamewithtnfourt*n	they shall pay or deposit, as the case may require, such further
days.
sum within fourteen days after the making of such award, or in default thereof, the same may be enforced by attachment, or recovered with costs by action or suit in any of the Superior Courts.

costs of the ~ t r a - LXVII. That if the arbitrators shall determine that the sum

€.ion. so deposited was sufficient, the costs of and incident to such

arbitration

arbitration to be determined by the arbitrators, shall bc in the dis- P ~ c b e of l@?d

cretion of the arbitrators; bnt if the arbitrators shall detcrrnine	ofherwise than by
that a further sum ought to be paid or deposited by the promoters	--

of the undertakiilg, all the costs of a d incident to the arbitration

shall be borne by the promoters of the ~xndertalring.

LXVIII. That if any party shall be cnti tled to any compcnsa- To be settled by arbi- tration or jury, at the

tion in respect of any lands, or of anv interest thercin, which ofthe party

shall havc been t&m for or injurious1 y' affccted by t h ~ execution + m i ~ cO1~llc~ sation.

of the wol'lis, and for which the promoters of the undertaking shall not ve ~ & e satisfaction under thejrovisrons of this or thc &r any Act incorpolatcd tbcGwith, iiGl-3 the cornpm- sntion claimed in such cnsc shdl exccrd thc sum of Fifty Poauds, such party may have the same settled ather bv a~bi5ation or by the rfldict of jury, as he shall think fit; a i d if such party desire to haw the same settled by arbitration, it shall be lawful for. him to give notice in mriting to the promoters of the unrlertakiiig of such his clesire, stating in such notice the natnrc of the intcrcst in such lands in ~espcct of ~vllich he claims comr~ensation, and the amount of the c~&~ensa t ion so claimed therein; and lunless the lmii~otcrs of the imrlertdiin,o Le willing to pay tlic amount of compeiimtion so claimcd, and shall enter into n written agreement for that purpose within twenty-one days after the rcceipt of any such notice from any party so entitled, the same shall bc settled by arbitration in t h c niarlner hcrciu prorided; or it the party so crititlcd as aforesaid desire to haye soch question ofcornpensation

it shall bc lawful for him to give notice in writing

to the promotcrs _ of t b d e r W r g, s&ajtix%~ -such

particulars as clforesafd: a i d unlcss the ixomoters of the unifer-

faking hc villing to ),ay the arnoimt .-.L- of $ompenia60n ._ _- so - --___ claimed, _	and cntcr into n wnttrn agrecment f& -Bi<t-purpose, they shall,
mitliin twenty-one days after- the receipt of such notice, iss&_ -W their warrant to the sheriff t~ summon a jury for settling the same in the r n a x m 3 G a - - p T i & T ~ ~ E ~dC'%lt tficrrof t h y shall be
liable to pay to the party so entitled as aforesaid the amount of compensation so claimed, and the same inny be recovered by him,
with costs, by action in any of the Supcrior Courts.

And with respcct to the purchase-money or compensation conring Application of

to parties having limited interests, or prevcntcd &om treating

not making title: Ec it Xnacted as follows---

LXIX. That if thc purchase morley or cornp~nsation which Pur"hnse pay-

nblc to parties under

skill1 be payable in respect of any lands, or any interest t h e ~ i n, disabiL'tpamou&g

purchased or taken by the promoters of the undertalcin5 from any t o Two Hundred 'Pounds, to be depo-

corporation, tenant for life or entail, married woman sewed in her sited in the Bank.

own right or entitled to dower, guarclim, committee of lunatic or

idiot, trustee, executor, or administmtor, or person having a partial

or qualified interest only in such lands, a,nd not entitled t o sell or

convey the same except nnder the provisions of this or the Special

Act, or the compensation to be paid for any permanent damage to

E any

AppZieatio92 nf	m y such lands, a~lzollnt to or cxcrerl the sum of Two Hundred
compensation*	Pounds, the same shall be paid into the Bank, in the name and with the pr i~i ty of the propcr officer of' thc Supreme Court, to be placed to the account there of suck oEcer. ex pnrte the promotcrs of the undertalcin5 (describing them by their propcr name) i11 the matter of the Special Act (citing it) prsnnnt to the mcthod prescribed by any Act or r ~ g l h t i ~ l l for llie tiwe being in force for regulating moneys paid into the said Court; and such moneys shall remain so deposited until the same shall be applied to some onc or inorc of
the follo~ving purposes, that is to say-

4 ~ l i ~ a t i o n o f n l o n e ~ s In the	purchase,	redemption, or	discharge of	any	tax,	debt,	or
deposited.

incumbrance affecting thc land in respect of which such money shall have been paid, or affecting other lands settlcd therewith

to thc same or the like uses, trusts, or p~i1)oses ; or,

In the yurchase of otlxc~ lands to bc conveyccl, limited, and settled

upon the like uses, trusts, and purposes, and in the same manner as the lands in rcspcct of which such inoney shall have been paid stood settled; or,

If such money shall be paid in respect of any buildings taken

under the anthority of this or thc Special Act, or injured by

the proximity of the works, in remo~ing or wplac~ng such buildings, or substituting others in their stead, ill such manlier

as the Supreme Court shall di~*ert ; or,

In payn-~ent of m y party becornins absolutely entitled to such

money.

Order for wlication

and investment mean-

LXX. That such moncy may bc so applied as aforesaid upon an or in Governnzent or real securities, and the interest, dividends, and centum corrsoli4ated or three per centum rcdnccd Tlmk anuuitics,

while.

order of the Supreme Court, made on the petition of the party ~~110

~vould have been entitled to the rents and profits of the lands in

respect of mhi?h such moncy shall haw bccn dcpositcd; arid until

the money can be so applied, it may, upon the like order, bc inrestcd

by the propcr officer of the Court in the purchase of thrice per

annual proceeds thereof paid to thc party v h o would, for the time

being, have been entitled to the rents aud profits of the lands.

s ~ from Twenty ~ s

Pounds to Two LXXI. That if such purchase money or compensation shall not

Run(lrc3dPouncls to amount to the sum of Two Hundred Founcls, a id shall exceed the

deposited* o r ~ a i d t o SW

trustees. of Twenty Pounds, the samc shall either be paid into the Bank, and applied in the manner hereinbefore directed with respect to sums amounting to or exceeding Two TIundred Pounds, or the same may lawfully be paid to two trustees, to be noniinatcd by the par- ties entitled to the rents or profits of the lands in respect whereof the same shall be payable, such nomination to bc signified by writing under the hands of the party so entitled; and in case of the cover- twre, infancy, lunacy, or other incapacity of the parties entitled to such moneys, such nomination may lawfully be made by their rc- spcctive husbands, guardians, committees, or trustees; but such last- mentioned application of the moneys shall not be made unless the

promoters

promoters of the undertaking approvc thereof, ancl of the trustees A ~ ~ l i c a C i o r of

named for the purpose; and the money so paid to such trustees, and corn~?ensatzon.

the produce arising til~ref~om, shall be by such trustees applied in

the manner hcrrinbeforc directcd with respect to money paid into

the Bank; but it shall not be necessary to obtain any order of the

6701u.t for that purpose".

LXXII. That if such money shall not cxcecd the sum of Twenty Sums not oreecding fwenty Pounds, to be

Pounds, tllc samp shall bc paid to the partics cntitlccl to the rciits	to parties.
and profits of the lands in ~cspect whereof thc same shall be payable, for their own use and benefit; or in case of the coverturc, infancy, idiotcy, lunacy, or other incapacity of ally such partirs, then such nioriey shall be paid, for their use, to the respective husbands, guardians, committees, or trustees of such persons.

LXXIII. That all sums oQ nionry evcccdirig Twenty Pounds, M s m s n a w h ~ c

which may be payable by the 11rornoters of thc undertaking in I,.ma,ls n o t a ~ r o l l i ~ under contract d t h

respect of &thc taking, using, or interfering wit11 lands uiidrr a cntitled, to into B a l k

contract or agrccmrut with any 1)clxun 1~110 shall not bc cntitled to cliqmse. of suzh lands, or of tGeLinterest thercin contracted to be sold by him absolutely for his own benefit, s l d l br picl into the Bank, or to trustees, in lnarmer aforesaid; ancl it shall not bc lawful for any contracting party not entitled as aforesaid to retain to his own nsc any portion of thc s u s so agreed 01 contrracterl to bc ptlid for or in respect of the taking, using, or interi'ering with any snclz lands, or in licu of bric-lges, tunnels, or other aceovnnzodation works, or for asscnthg to or not opposing the passing of the Bill authoi-izing thc tt~liimg of such Imds; but ail such moiicys shall bc clc~med to ha\-c bccn contracted to be paid for and on zlccount of the sel-era1 parties intcrestctl in such lands, as wcll in posscssioil as in

remaincier, rt.vrrsion, or cspcctnncy: Provided always tllat it shall Proriso.

be in thc discretion of the Supreme Court, or thc said trustees, as

the cnsc nlizy bc, to allot any tenant fur lifi., or for any other pa~iiul or qualified cstatc, for. his owrl use, rt portion of tllc sum so	paid into the P3ank, or to such trnstecs as Itfbresaid, as compensa-	tion for any injury, inconvciiicnce, or annoyance which he may bc
conriderctl to sustain, indcpcndcntly of tlw actud dine of the lauds to bc taken, and of the daiilage occnsioncd to the lmds held therewith by reason of the tdiing of such lands, ancl thc maliiiig of
tllc w 01-lr S.

LSXIV. That whvherc the purchase-moncy or conq~crwtion paid ~;;; ;~;; I~;$~a~,

illto the Bnnl; wlckr thc prorisims of this or thc Special Art shdl ,nomy iu E Q C C ~

haw been paid in rcspect of any lease for a lifc or lircs or yea&, or I ~ W S or reverdons,

as they may thinli

for a life or lives a id years, or any cstatc in lands less than tllc just.

~ h o l c fee-sirnplc thereof, or of any' r~wrsion depcndcnt on any

~ c h leasc or cstatr, it shall bc lawfid for the Supreme Court, on

the petition of any party interested in mrh money, to order that the same shdl be laid o ~ ~ t, inwsted, accumulated, and paid in such laanncr ns thc said Court umy co~isidcr will givc to the parties interested in such money the same benefit therefrom as they

might

APP~*~~;OB of might lawfully haw had from the letse, estate, or reversion in respect of which such money shall have been paid, or as near thereto as may be.

Upon deposit being

made, the owners of LXXV. That upon deposit in the Bank in manner hereinbefore

the lmds to convey ;	provided, of the purchase-money or compensatioil agreed or awarded
or, in default, the
lands to vest in the	to be paid, in respect of any lands purchased or taken by the pro-

promoters of the	moters of the undertaking under the provisions of this or thc
undertakiug, upon a
deed poll being	Special Act, or any Act incorporatcd thcrewith, the owner of sudl
executed.	lands, including in such term all parties by this Act cnablcd to sell or convey lands, shall, when required so to do by the promoters of the undertuking, duly convey such lands to thc promoters of the undertaking, or as they sllall direct; and in default thereof, or if hc fail to adduce a good title to such lands to their satisfaction, it shall be lawful for the promoters of the undertaking, if thcy think fit, to execute s dccd poll under their common seal, if they be a corpo- ration; or if they be not a corporation, under the hands and seals of the promoters, or any two of them, containing a clrscription of the lands in respect of which such default shall be made, and reciting the purchase or taking thereof by the promoters of the undertaking, and thc names of the parties from whom the same mere purchased or taken, and the deposit mxdc in rcspect thcrcof, and declaring the fact of such default hslviug been made, and thereupon a11 the estate and interest in such lands of or capablc of being sold and conveyed by the party between whom and the promoters of thc nrdertaking such agreement shall have been come to, ur as between whom and the promoters of the undertaking such purchase-money or compen- sation shall have been determined by a jmy, or by arbitrators, or by a sulvcyor appointed by two Justices as herein provided, and shall have been deposited as aforesaid, shall vest ahsolutcly in the pro- moters of the undertaking, and as against such parties, and a11 parties on behalf of whom thcy arc heminbefore enabled to sell and convey, the promoters of the undertaking shall be entitled to imme- diate possession of such lands.

Where ~a*iesrefuse

to convey, or do not LXXVI. That if the owner of any such lands purchased or take11

ehow title, or rsunot by the promoters of thc undertaking, or of any intcrest therein,

be found, the pur- on tender of the purclme-money or compensation cither agrecd OS

chase-money to be

deposited. awarded to be paid in respect thereof, refuse to accept the same, or neglect or fail to make out a title to such lands, or to the interest therein claimed by him, to the satisf~ctiun of the promoters of the undertaking; or if he refuse to convey or release such lands as directed by the promoters of the andertalcinq i or if any such owner be absent from the Province, or cannot after diligent inquiry be found, or fail to appear on the inquiry before a jury, as herein povidecl for, i t shall be lawf111 for the promoters of the undertaking to de- posit the purchase-money or compc~~~ti01.t;on payable in respect of such lands, or any interest therein, in the Bank, in the namc and with the privity of the Master or other proper officer of the Supreme Caurt, to be placed, except in thc cases hcrcin otllcrwisc provided fcr. to his account there, to the credit of the parties interested in

mch

AppZica tion of

such lands (describing thcrn so far as the promoters of the under-

taking can do), subject to the control and disposition of the said	compensation.
Court.
Upon deposit bein
LXXVII. That upon any such deposit of money as last afore- said being made, the Cashier of the Bank shall give to the pro-	made, a receipt to ISb e given, and the l d s
to vest upon n dced
moters of the undcrtalcing, or to thc party paying iu such money by	poll being executed.
their direction, a receipt for such money, specifying therein for what and for whose use (described as aforesaid) the sarne shall have been received, and in rcspect of what purchase the samc shall have been paid in; and it shall be lawful for the promoters of the under- takinq if they think fit, to execute a deed poll under their common seal, ~ ~ t h q be a. corporation; or if they be not a corporation, under the hmds and seals of the said promoters, or any two of them, containing a description of the lands in respect whereof such deposit shall have been made, and declaring the circumstances under which, and the names of the parties to whose crcdit, such deposit shall have been made; and thereupon all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase money or comaensation shall have been deposited, shall vest abso- lutely in the frornoters of the undertaking, and as against such parties, they shall be entitled to the immediate possession of such lands,

LXXVIII. That upon the application by petitioa of any party A ~ * 5 t i ~ n ~ f so deposited.

making claim to the money so deposited as last aforesaid, or any part thereof, or to the lands in respect whereof the same shall have bcen so deposited, or any parts of such lands, or any interest in the same, the said Supreme Court may, in a summary way, as to such Court shall seem fit, osd.er such nioney to be laid out or invested in the public funds, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the partics making claim to such money or lands, or any part thereof, and may make such other order in the premises as to such Court shall seem fit. Party in possession to

LXXIX. That if any question arise re~pectillg the title to the bedcemedtho owner.

lands in respect whereof snch monevs shall have been so 13aid or deposited as Lforesaid, the parties respectively in possession Gf such lands, as being the owners thereof, or in receipt of such rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been ltwfully entitled to such lands until the contrary be shown to the satisfaction

of the Court; and unless the contrary be shown as aforesaid, the

parties so in possession, and all parties claimiug under them, or consistently with their possession, shall be deemed entitled to the money so deposited, and to t11c dividends or interests of the annuities

or securities purchased therewith, and the sarne shall bc paid and

applied accordingly.

:I,XXX. That in all cases of moneys deposited in the Bank ~ ~ ~ y ~ ~ ~ ~ ~ ~ t ~ ~ ,

under the provisions of this or the Special Act, or any Act incor-

porated

Applicatbn of	poratcd therewith, except where such moneys shall have becn so
c a ~ e n s a t i o n *	deposited by reason of the wilful refusal of any party entitled thereto to receive the same, or to convey or release the land in
respect whereof the same shall be payable, or by reason of the wilful
neglect of any party to make out a good title to the land required, it shall be lawful for the Supreme Court to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the promoters of the uncler- taking, that i s to say-the cost of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, aud thc costs of the investment of such moneys in Government or real securities, and of the reinvestment thercof in the purchase of other lands, and also the costs of obtaining tllc proper orders for any of the purposes aforesaid, and of the ordcrs for the payment of the dividends and interest of the securities upon which such moneys shall be invested, and for the payment out of Court of thc principal of such moneys, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, except such as are occnsioned by litigation betweeii adverse claimants: Provided always, that the cost of one application only for reinvestment in land shall be allowed, unless it shall appear to thc Supreme Court that it is for the benefit of the parties interested in the said moneys that the same should be invested in the purchase of lands, in different sums and a t diffewnt times, in which casc it shall be lawful for the Court, if it tllink fit, to ordcr the costs of any such invest- ments to be paid by the proniotcrs of the undertaking.

Conveyances. And with respect to thc conveyallce of Lands: Be it Enacted as

follows-

Formofconrcyonces.

LXXXI. Yhnt the conveganccs of lands to bc purchnscd under

the provisions of this or thc Special Act, or any Act incorporated

therewith, may be according to thc forms in the Scheclules A aiicl B

respectively to this Act annescd, or as ncar thereto as the circum- stances of the case will admit, or by deed in any othcr form, which

the proiuoters of the unclertakillg may tliiidi fit: and all convcynnccs made according to the forms in the said Schedules, or as near tlwcto as the circunlstances of the case will admit, shall be effectual to

vest the lands thcrchy conveyed in tlie l~romotcrs of the i~ndertalring

find shall opcrnte to merge all terms of years attendant by express declaration: or by constructioli of law, on the cstatc or interest so thereby conveyed, and to bar and destroy id1 wch csktes tail, and

dl othcr estates, rights, titles, rernaindcrs, reversions, limittbtions,

trusts, and interests whatsoever, of and in thc lands comprised in such coavcyances which shall hwr been purchased or compensated for by the considemtion thcrein mentioned; but although tcrms of years be thereby merged, they shall in equity afford the same protection as if they had been kept OD foot, and assigned to a tmstee for the psombt~rs of tlx undcrlnking to attend the rcvrrsion

and inheritaim.

LXXXII. That

LXXXII. That the costs of all snch conveyances shall be borne by the promoters of the undertaking, and such costs shall include cod, ,f conveyances. Conve~nc"*

all chargcs and expcnses ihcurrcd, on thc part as wdl of	the scllcr
as of the purchaser, of all convcyaaccs suld nssurmces of	any ~ u c h

lands, and of any outstanclixig terms or interests therein, and 0.1

deducing, evidenEing, ancl vel;fyina the titlc to snch lads, terms

01. interests, and of making out ancl f~;lrnislling such abstract and attestrd copies as the promoters of the undertalring may require, and all other reasonable expenses incident to the investigation, deduction, and verification of such title.

LXXXIII. That if the pmnotcrs of the, unclertalring and thc Taxation of oost3of conveynuccs.

party entitled to any such costs shall n u t agree as to th:. amount thereof, such costs shall be taxed by one of the taxing masters 6r other proper officers of the Supreme Court, upon an order of the same Court, to bc obtained upon petition in a summary way by either of the parties; and the promoters of the unclcrtaliing shall pay what the said Jltlstcr or. other proper officer shall certify to be clue in respect to such costs to the party entitl~d thereto; or in default thereof the same may be recovercd in the same way as any other costs payable under an ordcr of the said Court, or the same may be recovered by distress in thc xnanner hweinbeforc provided in other cases of costs; and the expenses of taxing such costs slid1

be bornc by the promoters of thc nudertalring, ~mless upon such

taxation one-sixth part of thc amount of such costs shall be dis- allowed, in which case thc costs of such taxation shall be bornc by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the said Illaster or otller proper officer, ant1 deducted by him accordingly in his certificate of such taxation.

And with respect to the entry on lands by the promoters of the f i z t y ~ On lands.

undertaking: Be it Enacted as fdlows-

LXSXIV. That the promoters of the undertalring shall not Pa~ilent of price to

be made previous to

except by consent of the owners and occupiers, enter upon any lands entry, except to

which shall bc required to be purchased or pcrnianently used for the su"eY~

purposes and under the po~vers of this or the Sprcial Act, until thcy

shall either have paid to every party having any interest in such

lands, or dcpositccl in thc Rank, in the mamw herein mentioned,

the purchase-moncy or compensation agreed or awarded to be paid

to such parties respectively for their respective interests thcrein:

Provided always, that for thc purpose rncrdy of surveying ancl Prwiso.

taking lcvels of such lands, and of probing or boring to ascertain

the nature of the soil, and of setting out the line of the works, it

shall be iawful for the promoters of the undertaking, after giving

not less than three nor more tlmn fourteen clays' notice to the owners

or occupiers thereof, to enter upon such lands without previous consent, making cornpcnsatioii for any damage thereby occasioned to the owners or occupiers thnreof.

Provided

B n i p ~ On LXXXV, Provided also, that if the promoters of the undertaking

Promoters to be shall be desirous of entering upon and using any such lands before -

allOwed" Onter On

l d a before purchase an agreement shall have been come to or a< award made, or verdict

or making deposit by given for the purchase money or compensation to be paid by them wavOfeecU"t~~ gi6ng bond and in respect of such lands, it shall be lawful for the promoters of

the undertaking to deposit in the Bank, by way of security, as hereinafter rnelhioncd, -&her the amount of pukhase mone; or cornpensation claimed by any party interested in or entitled to sell and convey such lands, and who shall not consent to such entry, or such a sum as shall, by a surveyor appointed by two Justices in the nlanner hereinbefore provided, in the case of parties who cannot be found, be determined to be the value of such lands, or of the interest therein which such party is cntitled to or enabled to scll and convey, and also to give to such party a bond, under the common seal of the promoters, if they bc a corporation; or if they be not n corporation under the lmids and seals of the said promotcrs, or any two of them, with two suficient sureties, to be approved of by two Justices in case the parties differ, in pcnal sum equal to the sum so to be deposited, conditioned for payment to such party, or for deposit in the Bank for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such purchase-money or compensation as nlrty, in manner hereinbefore provided, be determined to be payable by the pro- moters of the undertaking in respect a l the lands so entered upon, together with interest tllereon, at the rate of Fire Pounds per centum per amurn, from the time of entering on such lands, until such purchase-money or compensation shall be paid to such party, or deposited in the Bank for the benefit of the parties interested in such lands, under the provisions herein contained; and upon such deposit by way of security being made as aforesaid, and such bond being ci'elivered or tendered to such non-consenting party, as aforesaid, i t shall be lawful for the promoters of the undertaking to cnter upon and use such lands, without having first paid or

lands to be taken by them under the provisions of this or the Special	required to bc paid or deposited by them before entering upon any	deposited the purchase-money or compensation in other cases
Act.

Upon deposit being

made, Cashier to give

LXXXVI, That the money so to be deposited as last aforesaid shall be paid into the Bank in the name and with the privity of the Master or other proper officer of the Supreme Court, to be plazed to hi4 account there to the credit of the parties interested in or entitled to sell and convey thc lands so to be entered upon, and who shall not have consented to such entry subject to thc control and disposition of the said Court; and upon such deposit being made, the Cashier of the Bank shall give to the promoters of the undertalring, or to the parties paying in such money by their direction, a receipt for such money, specifying therein for what purpose and to whose credit the same shall have been paid in.

receipt.

LXXXVII. That

LXXXVII. That the money so deposited as last aforesaid shall eat^ 012 h&.

remain in the Bank, by way of security to the party whose lands D~~~~~~ to a.

shall so have been entered upon for the perforinance of the con- a aecurit~, andtobe

applied under-the

&ion of the bond to be giver, by the promoters of the undertaking, air,ctiQnof thocourt.

as hereinbefore mentioned, and the same may, on the application

by petition of the promoters of the undertaking, be ordered to be

invested in Bank atmuities or Government securities, and accumu-

lated; and upon the condition of such bond being fully performed,

it shall be lawful for the Supreme Court, upon a like application, to

order the money so deposited, or the funds in which the same shall

have been invested, together with thc accumt~lation thereof, to be

repaid or transferred to the promoters of the undertaking; or if

such condition shall not be fully performed, it, shall h lawful for

the said Court to order thr: same to be applied in such manner as it

shall think fit, for thc benefit of the parties for whose security the

same shall so have been deposited.

1,XXXVIII. That if at any time the company b2 unable, by ~hecompangmay pay the deposit money

reason of the closing of the office of the Master or other proper illto Ha& by

officer of the Supreme Court, to obtain his authority in respect of of security dur iq tha tme that tho office

the payment of any sum of money so authorized to be dcposited in the Masteror other

the Bank by way of security as aforesaid, it shall be lawful for the proper officer of the Supreme Court is

as the case may require (sub.iect nevertheless to being dealt with as

hereinafter prbvidid, a id io t otherwise), such sum of money as

the prornotcrs of the undertaking shall, by some writing 'signed by

thcir secretary or solicitor for the time bcing, addressed to the Bank

in that behalf, request; and upon any such payment being made,

the Cashier of the Bark shall give a certificate thereof; and in evcry

such case, within ten days after the reopening of the officc of the

said Master or other proper officer of the Supreme Court, the

solicitor for the promoters of the undertaking shall there bespeak

the directionfor the payment of such sum into the name of such

company to pay into the Bank to the credit of such party or matter., c~oscd. the Bank, the money so previously paid in shall be placed to the

the receipt for the said payment be given to the party making the credit of the said Master or other propcr officer accordingly, and

same, in the usual xlvay, for the purpose of being filcd at the proper

office.

LXXXIX. That if the pron~oters of the undertaking, or any Penalty on the pm-

of their contractors shall, except as aforesaid, wilfully enter upon tabg entering motors of the under-

and take ;possession of any lands which shall be required to be lands withoutconsent	before payment of the
purchased or permanently used for the purposcs of the Special ,	,hn8, ,on.,
Act without such consent as aforewid, or .without having made such payment for the benefit of the prti'es interested in the lands, or such deposit by way of security as aforesaid, the promoters of the undertaking shall forfeit ta the party in pesession of such lands the sum of Ten Pounds, over and above the amount of any damage done to such lands by reason of such entry and taking possession as aforesaid, such penalty and damage respectively to

F be

be recovered before tvo Justices; and if the promoters of the undertaking or their contractors shall, after conviction in such penalty as aforesaid, continue in unlawful possession of any snch lands, the promoters of the unclertaliirlg shall be liable to forfeit the sum of Twenty-five Pounds for every clay they or their contractors

Proviso. shall so remain in posscssion as nforcsaid: such penalty to be recoverable by thc party in possession UP snch lands, with costs by action of the Suprcine Court: Provided almrzys, that imhing herein contained shall be held to subject the proniotcrs of the under- taking to thc payment of any such penalties as aforesaid, if thcy shall h o d $Ye and without collusion haw the cornpensation agrecd or awarded to be paid in respect of thc said lauds to any person whom thc pronioters of the undertaking may have rcason- ably believed to be cntitled thrreto, or shall have deposited the same in the Bank for the benefit of the partics interested in the lands, or madc such cleposit by way of' security in respect thcrcof as hcrcin- before mentioned, although such person may not have been legally cntitled thereto.

the same facts.

Leases. And with respect to lands subject to leases: Bc it Enacted as

follo\vs-

Where p ~ r t only of CVI. That if any lands shall be comprised in a lease for a term lands so required, and the residue of such 1mds; and such appor-

lands under lease

taken, the rent to be	of years unexpired, part only of which lands shall be required for
apportioned.	the purposes of the bpecial Act, the rent payable in respect of the
lands comprised in sucli lease shall he apbortioneJ between the tionment may be settled by agrcemcnt between the lessor and lessee of such lands on the one part, and the promoters of tlie unclertaking on the other part; and if sucli apportionnwnt be not so settled by agreement between the parties, such a~portionment s l d l be settled by two Justices; and after such appdrtionnlent thc lessee of such lands shall, as to dl future accruing rent', be. liable only to so much
of the rent as shall be so apportioned in respect of the lands not
required fbr the purposes of the Spccial Act; and as to the lands not so required, and as against the lessee, tlie lessor shall have all the same rights and remedies for the recovery of such portion of rent ns previously to sac11 apportionment he h d for thc recovery of the whole rent reserved by such lease; and a11 the covenaiits, conditions, and agreements of such lease, except as to the aiiioullt of wut to he paid, shall remain in force with ~egprd to that part of

the

the land which shall not be required for the purposes of the Special Leases.

Act, in the same mar~ner as they would have done in case such part

only of the land had bcen included in thc lease.

CVII. That every such lessee as last aforesaid shall bc entitled Tenants to be corn-

to yeceive frcm the pi*ornoters of the undei~taking compci~satiol~ for pcilaated.

the drtmage done to him in his tenancy bp reason of the severance of the lands required from those not rcqnired, or othcrmise, by reason of the execution of the works.

CVIII. That if any such lands be in the possession of any person Conlpemation to be

having no greatcr interest therein tlml as tenant for a year, or from ,iU,	made to tennnts at
year to y e a; and if such pcrson bc required to give up possession
of any lands so occupied by him before the expiration of his term
0.1. interest thcrcin, hit shall bc cntitled to conipcnsatiori for thc value of his unexpired term or interest in such lands, and for ally
just allowance which ought to be made to him by an incoming
trtiant, and f'or any loss or injury he may sustain; OT if a part only of such lands be required, cnml~ensation for t. 1 ~ damage d m e to him in his tenailcy, by severing the lands held by him, or otl~crwisc
injuriously affecting the samc; and the amount of w c h compensation shall bc determined by two Justices, in case the parties diffcr about the same; and upon payment or tender of the amount of such corn- pensation, all such persons shall respcctircly deliver up to the pron~otcrs of the undcrtalring, or to the person appointed by them to take possession thereof, any such lands in their possession re- quired for the purposes of thc Specknl Act.

CIX. That if any party, having a greater interest than as tenant Wherogreaterinterest

at will, claim coinpensation in wspfct of any unexpired tcrm or c ~ ~ ~ ~ ~ ~ ~, f ~ ~ & t o

interest under any lcasc or grant of any such lands, the lnmnoters	B	e prod~ced.
of the undertaking may require such-party to liroducc -the lease or grant in respect of which such claim shall lw made, or the best
by the promoters of the undertaking, such lease or grant, or such	evidcim tlmxof' in his power; and if, after demand made in writing
best evidence thereof, bc 11 o t produced within twenty-ono days, the party so claiming corngemation shall be considercd as :t tenant holding only from year to year, and be entitled to compeilsation accordingly.

CX. And be it Enacted, That the powers of the promoters of Limit of time for

the undertaking, for the compulsory purchase or taking of lands compulsory purchase,

for the purposes of the Special Act, slmll not bc rxcrciscd after the

expiration of the prescribed period; and if nc iJeriod be prescribed,

not after the expiration of three years from the passing of the

Special Act.

And with respect to interests in lauds which have, by mistake, intcrcsls omitted

been omitted to bc purchased: Re it Enacted as follows- to he purchased.

G CXI, That

haterests omitted CXI. That if at m y time after the promoters of the undertaking

to he purchased.	shall have entered upon any lands which, under the provisions of this
Promoters of the nn-
d~rtirking crnpowered	or the Special Act, or any Act iizcorporatcd therewith, thcy were
to purchnee interest8	authorized to purchase, and wllicll slrall be permanently required
in lands, the purchase	for the purposes of the Spccial Act, any party shall appear to be
whereof may have	entitled to any estate, right, or intcrcst in, or charges affecting such

b e ~ n omitted by

rcistnlre.	lands which the promoters of the undertaking shall, through mis- take or inadvertence, llave failed or omitted duly to purchase, or to pay compensation for, then, ~vhcthcr thc period allowed for the p.ur.chase of lands shall have expired or not, the pronloters of the undertaking shall rernain in the unclisturbed possession of such lands: Provided, within six months after notice of such estate, right, interest, or charge, in case the same s l d l not be clisputed by the promoters of the: unclertaking, or in case the same shall be disputed, then within six months after. the right thereto shall have bcen finally establislieii by law in fttvor of the party claiming the same, the pro- moters of the undertaking shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, h11 coinpensation for the inesnc profits or interest mhiclr mould have accrued to such parties respec- t i ~ e l y in respect thereof during the interval between the entry of the promoters of the undertwking thereon a i d the time of the pav- rncnt of such purchase-money or compensation by the promoters bf the undertaking, so far as such lnesne profits or interest may be recoverable in law or equity; and such purchase-money or compen-
sation shall be agreed on or awarded and p i c l in likc ~ ~ ~ a n n e i * as,
according to the provisions of this Act, the same respectively would havc been agreed on, or awarded and paid, in case the promoters of the undcrtaliinq had purchased such estate, right, intcrcst, or cliargc before their entering upon such land, or as near thereto as circum- stances will admit.
now value of snch
lands to be e,timaled.	CXII. 'Jhat in estimating the compensation to be given for any such last-mentioned lands, or any estate or interest in thc same. or
for any inesnc profits thereof, thc jury, or nrLitmtors, or justices, as the case may be, shall assess the same according to what they
shall find to haw bccn the value of such lands, estate, or interest, and profits, at the time such lands were entered upon by the pro- moters of the undertaking, and without regard to any improvements or works made in the said lands by the promoters of the undcrtalring, and as though the works had not been constructed.
Promoters of tbe
undertaking to pay	CXIII. That in addition to the said purchasc-money, coinpensa- shall become absolutely entitled to any such estate, interest, or charge, or to have the same merger1 or extinguished for their benefit, they shall, when the right to any such estate, interest, or charge shall have been disputed by the company, and determined in favor of thc party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same, to the parties with whom any such litigation in respect

the of litigation tion, or satisfaction, and before the promoters of the undertaking

"lch lands*

thereof

thereof shall have takcn place; and such costs and cvpeiises shall, in case the same shall be disputed, be settled by the proper officer of the Court in which such litigation took place.

And with respect to lands acquired by the promoters of the under- Sale $upe@dous

taking under the provisions of this or the Special Act, or any Act ~ m d.

incorpomtcd tllercwith, but which shall not be required for the pur-

poses thereof: Be it Enacted as follows-

CXIV. That within the prcscribcd period, or if no period br Lands not wanted, to ho sold; or in default,

prescribed, mi thin tcn years af tcr tho uspiration of the tirnc limited ,, ,,, orncr8

by the Special Act f o ~ the coinpletion of the works, the promoters adjoining lands.

of the undcrtalring shall absolutely sell and dispose of all such superfluous laids, and apply thc purchase-moncy arising from such sales to the purposes of the Special Act; a d in default thereof all such superfluous lands remaining unsol cl at the cxpiration of such period shall thereupon vest in and hecoinc thc property of the owriers of the lands adjoining thereto, in proportion to the extent of the lands respectively adjoming the same.

CXV. That before the promoters of the undertaking dispose of Lands to be o f f e d to

owners of lands from

any such superfluous lands, they shall, uiiless snch lands be situate ,,+,phioh Lll,,, ,j-ere

within n town, or hc lancls built upon or used for builcfing pup o f i s i n a l l ~ t A n, o r t o

p~ses, first offer to sell the sarnc to the person then cntitled to the adjoining owners.

laiids (if any) from which the same wcrc originally severed; or if such person refuse to purchasc the same, or cariiiot, after diligent inquiry, be found, then the like offer sndl be made to the person or to the se~cral pcrsons whose lands shall immediatclv adjoin the land so proposed to be sold, such person hcing aspab1e"of entering iiltn a contract for the purchase of such lands; and where more than one such person shall be entitled to swh right of pre-emption, such offer shall be made to such pcrsoas in succession, one aftcr mother ill such order as the promoters of the undertaking shall think fit.

C!XVI. That if any snch persoil.; be dcsirous of pu~chasing s ~ c h Right of

laiids, then within six weeks after such offer of sale, they shall.	to bc claimed within
slx weeks.

signify their desire in that behalf to the promoters of the undertaking;

or if they decline such offer, or if for six weeks t h y neglect to

signify thcir desire to purclrase snch lands, the right of pre-emption

of every such person so declining or neglecting in respect of the

lands included in mch offer shall cease; and a declm~tioii in writing	l
made before a Justice by some person not iliterested in the matter

in question, stating that snch offer was madc and was ~ e f ~ ~ s e d, or

not accepted within six weeks from the time of making the same, or that the person or all the persons entitled to the right of pre-emption

weime out of the Province, or could not, after diligent inquiry, be

found, or were not capable of cntcring into a contract for the p r - chase of such lands, shall, in all Courts, bc snfficien t evidence of the facts therein stated.

CXVII. That if any person clititled to such pe-eniption be desirous Diffewnces to

of orc chasing any such lands, a id such person ailcl the promoters of ~ ~ ~ ~ i ~ ~, s c t t l c d

the

S a ~ e o f ~ e r f ~ o u ~

thc undertaking do not agwe as to the price thereof, then such price

and.

shall be ascertained by arbitration, and the costs of such arbitration

shall be in the discretion of the arbitrators.

Lands to be conveyed

CXVIII. That up011 payment or tender to the promoters of the undertaking of the purchase-money so agreed upon or determined as aforesaid, they shall convcy such lands to the pnrchnsers thereof

to purchasers.

by deed, under the common seal of the promoters of the undertaking

if they be a corporation; or if not a corporation, under the hands and seals of the promoters nf the nndertakin~, or any two of the directors or managers thereof acting by autllority of the body; and a deed so executed shall be effectual to vest the lands comprised therein in the purchaser of srxch lands for the estate which shall so have been purchased by him; and a receipt under such common seal, or under the hands of two of the directors or managers of the undertaking as aforesaid, shall be a sufficient discharge to the pur- chaser of any such lands for the purchase-money i11 such receipt expressed to be received.

Effect of the word

CXIX. That in every conveyance of lands to be made by the word " Gmnt" shall operate as express covenants by the promoters of the nndcrtalcing, for thcmsclvcs and their successors, or for themselves, their heirs, executors, administrators, and assigns, as the case may be, with the respective grantees the~ein named, and thc successors, heirs, csccutors, administrators, and assigns of such grantees, according to the quality or nature of such grants, and of thc cstatc or interest therein expressed to be thereby conveyed, as follows, except so f w as the same shall br: restrained or limited by express words contained in any such conveyance, that is to

g r ~ r a n t v	inconvey- promoters of the undertaking under this or the Special Act, the
ances.

say-

A covenant -that, notwitlistan&ng any act or dcfault done by the promoters of the undertaking, they were at the time of the execution of such conveyance seised or posscssed of the lands

heritance in fee simple, free from all incumbrances done or	or premises thereby granted for an indefeasible estate of in-
occasioned by them, or otherwise for such estate or interest as therein cxprcssed to be thereby granted, free from incumbmnces done or occasioned by them:

A covenant that the grantee of such lands, his hcirs, succcssors, executors, administrators, and assigns (as the case may be), shall quietly enjoy the same against the promoters of the undertaking, ancl their successors, and all other persons claiming under thcm, and bc indcnmified and saved harrnless

by the promoters of ihe undertaking and their successors,

from all incumbrances created by the promoters of the under-

taking:

A covenant for further assurance of such lands, at the expense

of such guantee, his heirs, succcssors, executors, adnlinistrator~,

or assigns (as the case may be), by the promoters of tlm

undertaking

undertaking, or their successors, and all other persons claiming S& d s ~ ~ e r $ u o ~ s

under them. land.

Ancl all such gmntecs, and their sevcral successors, heirs, executors, aclmiuistmtors, and assigns rcspcctiv~ly, according 'to their respective quality or nature, ancl the estate or intercst in such conveyance expressed to be conveyed, may in all actions brought by them assign breaches of convenants, as they might do as if such covenants were expressly iuscrted in such conveyances.

CXX. And be it Enacted, That if the promoters of the under- Taxcs, ratos, kc., to

talring bccome possessed by virtue of this or the Special Act, or be "8de good,

any Act incorporated therewith, of any lauds charged with any

tax, rate, or sssessmcnt imposed by law, thcy shall from time to

time, until the works shall be completed and assessed to such tax, rate, or assessment, be liable to make good the deficiency in the sevcral assessments for any tax, rilt~', or assessment by reason of such lands having been hken or nsed for the purposes of the works, and such deficiency shall be computed according to the rental at which such lands, with ally building thereon, were valued or ratcd at the time of the passi-ag of the Special Act; and on cEernand of such deficiency, the prornotcrs of the undertaking or their Trcztsurcr, shall pay a11 such deficiencies to the Collector of the said assessments rcspectively: Keverthelcss, if at ally time the promoters of the undertaking think fit to redeem such tax, wte, or assessment, they may do so in accordancc with any powers given in that Behalf

OXXI. And be it Enactcd, that any summons or notice, or any Sercice o f plott'ces

upon the promoters of the undertaking, may be served by the ?	writ ov otller proceedinn at h w or in bquity, requiring to be servc& UP^ C Q ~ P W.
same being left at or transmittecl through the post, directed to the principal &ice of the promoters of th; underthiiig, o~ one of the p~ inc ip l oficcrs where there shall be more than one, or being
~ i v e n or transmitted through the post direct to the Secretary, or In case there be no Secretary, the Solicitor of P

thc said promoters.

CXXII. And be it Enacted, 'l'hat if any party shall have com- ~ ~ ,j.amefi&. , ~ z ~ ~

mitted any irregula~ity, trespass, or other wrongfal proceeding in the execution of this or the Special Act, or m y Act incorporated therewith, or by virtue of any power or authority thereby given, and if, before action brought in respcct thereof, such party make tcnder of suffivient amcnds to the party injured, such last men- tioned party s l d l not recover in any such action; and if no such tender shall have been made, it shall be lawful for the defendant,

by leave of the Court whew such action shall bc pending, at any

time before issue joined, to pay into Court such sum of money as he shall think fit, and thcrcupon such proceedilrgs shall be had as in other cases wllere defendants are allowed to pay money into Court.

And with respect to the recovery of orfeiturcs, penalties, and Recovery oS

costs: BC it Enacted as follows- pennkies.

CXXIII. That

CftXIlI. That cvcry pcnalty or forfeiture imposed by this or the Special Act, or by any by-lam made in pursuance thereof, the

Penalties to be sum-

marily recovered	recovery of which is not otherwise provided for, may be recovered
before two Justices.	by summary procccding before two Justices; and on complaint being nzade to any Justice, he shall issue a summons requiring the party complaii~cd against to appear before two Justiccs at a time and place to be namcd in such summons; and cvcry such simmorls shall be served on the party offending either in person or by lcnving the same with some inmate at his usual place of abode; and upon the appearance of the p r t y complained against, or in his absence, after proof of the due service of such summons, it shall be lawful for any two Justices to proceed to the hearing of the complaiat, and that ~lthough no hformation in witing or in print shall have been exhibited before them; and upon proof of the offence, either by the confession of the party coinplained against, or upon the oath of one credible witness or more, it shall be lawful for such Justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture iacurred, as well as such costs attending the conviction as such Justices shall think fit.
Penaltics to bc lcviod

by distress. CXXIV. That if, forthwith upon any such adjudication as

aforesaid, the amount of the penalty or forfeiture, and of such costs as aforesaid, be not paid, thc amount of such penalty a i d costs shall bc lcvicd by distress, and such Justices OY either of them shall issue their or his warrant of distress accordingly.

Distress, how to be

levied.

CXXV. That where in this or the Special Act, or any Act

incorporated therewith, any suin of money, whcthcr in thc i~aturc

of penalty, cost, or otherwise, is directed to be levied by distrcss,

such sum of money shall bc levied by distrcss and salc of the goods

and chattels of the party liable to pay the samc; and the overplns

arising from the sale of such goods and chattels, after satisfying

such suln of moncy ancl the expenses of thc distrcss and salc, shall

be returned on dernancl to the party whose goods shall have been

dis trained.

Application of

CXXVI. That the Justiccs by wllom any such pmalty dr for- feiture slrdl be imposed may, where the application thereof is not othcrwisc provided for. award not more than onc-half thereof to the informer, and shall award the ~wnainder to the Colonial Trcasurcr, to be paid to the Relief Fund," and to be upplied uuder the provisions of the Ordinances lmsscd on the secoilcl day of September,

penalties.
one thousand eight l~undred and forty-four (No. 16).
Diskress against the	CXXVII. That if any such suin shall be payable by the pro- moters of the undertaking, ancl if sufficient goods of the said lxomoters cannot be f o ~ ~ n d wllercoil to lery thc same, it illay-, if the amount thereof do not cxcced 'I'menty Pounds, be recovered by distress of the goods of thc Treasurer of the said promotem, and the Justices aforesaid, or either of them, on application, shall issue their or his marraut accordingly; but no such distress shall issue against the goods of such 'l'reasurer, unless seven days' previous noticc in writing, stating thc amount so due, and clemailding pay" mcnt thereof, have been given to such Trcasurcr or left at his
Treasurer.

residence;

residence; and if snch Treasurer pay any inoliey uldcr such distress Recovery g as aforesaid, he may retain the arnount so paid by him, and all costs penafiies- and expenses occasiolied thereby, out of ?ny money belonging to

the promoters of the undertaliing colnlng into his custody or

control, or he may sue them for the same,

Act, or any Act incorporated thcrcwith, shall be deemed unlawful; for want of form. CXXVIII. That no distress levied by virtuc of this or thc Special Distresr not unlawful

nor shall any party making the same be deemed a trespasser on account of any ckfcct or mint of fornz in the snrnrnons, conviction, warrant of distress, or other proceediiing relating thereto; nor shdl such party be deemed a trespasser a8 i ~ i t i o on account of any irregularity aftcrmarcis conmittcd by him; but all persons aggrieved

by such defect or irre~ulnrity may recover full satisfaction for the b.

sfiecid damage in an actlon upon the case.

CXXTX. That no person shall be liable to the payn~cnt of any Pendtiesiobesucdfor

penalty or forfeiture imposed by virtue of this or the Special ,4ct, or within six months.

any Act illcorporatecl therewith, for any offellcc made cognizable bcforc n Justice, unless thc cornplaint ~*csyectixlg such offence shall h a w betin nzatle before such Justice within six montlls next after

the cornrnissioi~ of s ~ c h offenw.

CXXX. 'I'lxst it shall be 1a.wiul for any Justice to summon any lJcnnlty on n.itnesl

l~crson to appeay before him as a witness in any matter in which mnkiug default.

such Justice shall haw jurisdiction unclcr the provisions of this or the Special AA, at n tinld a n r ~ place mentioned in socl1 wmmons, and to administer to him an oath to testify the truth in such matter; ancl if any yerson so summoned shall, without reasonable excuse, refuse or neglect to appcar at the time and place appointed for that purpose, h a ~ i n g been piid or tendered a reasonable sum for his expenses; or if any person appcaririg shall refuse to be examined up011 oath, or to give c\iclence before such Justice, every such 11erson shall forfeit a sum not exceecling Fix Pounds for every such offence.

CXXXI. That the Justices beforc whom any person shall be Form of conrictim.

convicted of any offence against this or the Special Act, or any Act incorporated therewith, may cause the conviction to be drawn up according to the form ill the Schednlc C to this Act annexed.

CXXXII. That no proceeding in pursuance of this or thc p r o c e e a i ~ not t o b e

quashed for want of

Special Act, or any Act illcorporatcd themwith, s l d be quashed or em, vacatcd for want of fonn, nor shall the same be renloved by

cer t i o m ~ i or otlwrwise into any of the Supcrior Courts.

CXXXIIT. 'I'hat if any party shall feel aggrieved by any deter- Parties allow cat^ appeal to Quarter

mination or adjudication of any Justice with respect to any penalty 8 ussions on giving

or forfeiture under the prorisions of this or the Special Act, or any S ~ C U " ~ Y -

Act incorpowted therewith, such ~ x t g map appeal to the nearest General Quarter Sessions of the Peace; but no such appeal shall be entertained unless it be made within four months next after the making of sucli determination or adjudication, nor unless ten days'

notice

Recoaepy of	notice in writingof such appea1,stating thc nature a i d gro~mds thereof,
penalties.	be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recog- nizance~, with two sufficient suretics, before a Justicc coilditioned duly
to prosecute such appeal: and to abide the order of the Court thcreoa.
Court to make such
oder as they thmk	CXXXIV. That at the Quarter Scssioils for wllich such notice shall be given, the Court shall procecrl to hear and cleterniinc thc appeal in a summary way; or they may, if t h y think fit, adjourn it to the following Sessions; and upon the lmuing of such appeal the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or cluash the adjudication, and order any money paid by the appellant, or lcvicd bv clistress upon his goods, to be returned to him, and may also ord& snch farther satisfactioii to be made to the party injured as they may jnclge rea.ionablc; and thcy may make such order conccnling the costs, both of the adjudi- cation and of the appeal, as they inay think reasonable.
reasonable.
Persons giving false

evidence liable to CXXXV. That any person who, upon any cxalnination upon

p nalhs ofpel.jur.p, oath, under the provisions of this or tlw Slwcial Act, or any Act i11-

corporated therewith, shall wilfully and corruptly give false evidrnce,

shall be liable to the penalties of wilful and corrupt perjury,

Access to Specinl

Act.	And with rcspcct to the provisions to be made for affording acccss to the Special Act by all parties interested:	Be it Enacted as follo~vs-
Copies of Spcaial Act

to be kept and de-	CXXXVI. That thc. company shall: at all times after tlic cspira- principal office of busincss a copy of the Special Act, printed by authority of the Government; and where the undertaking shall Be ;l railway, canal, or other like unclertalring, the works of wl~ic11 shall not be confined to one town or place, shall also, within the spacc of
posited, and allowed	tion of six inonths after the passing of the Special Act, keep in their
to be inspected.
such six months, deposit in the ltegistry Officc n copy of w~ch Spr~inl
Act so printed as aforesaid; and thc prnpr officers of the said Registry Office shall rcceiw, and they and the company rcspcctirdy shall retain, the said copies of the Special Act, and shall permit all persons interested to inspect thc same, and make extracts or copies therefrom.
Penalty on company

failing to keep or CXXXVII. 'l'hat if the company shdl fail to keep or deposit, as

deposit. hereinbefore mentioned, any of the said copies of the Special Act, they shall forfeit Twenty Pounds for every such offence, and also Five Pounds for every day afterwards during which no copy shall be not so kept or deposited.

FREDK. H. ROBE,

Lieutenant-Go~er11or.

Passed the Legislatice Cottncil, this Twenty-

sixth day of Mavch, 011e 17ioz~sand

Eight Iflrndred and Ebrty-seven.

TV. I,. O'I~ALLORAN,

Clerk of Council.

SCHEDULES

SCHEDULES REFERRED TO IN THE FOKEGOLNG ACT.

FORM O F CONVEYAxCB.

I o f in consideration of

the sum of paid to me [or, as the cnsc may be, into the

Eank of , in the name and with the privity of

ex p r t e '' The promoters of the undertaking" f?znming them)

or to A. B. of and C. I). of two trustees

appointed 1 0 receive the same] purs~mnt to the [here mrne tf~e S'eciul Act] by thc

I-ha~e nn7nc the company or promoters of the undertakingj, incorporated [ov constit7rted]

by the said Act, do hereby convey to the said company [or o t lw cleso.+fionl their

successors and assigns, all [tlescrihiny the premises to be conv~yed] togcther with all

-

ways, rights and appurtenances thcrcto belonging, and t t l l such estate, right, title, and interest in and to thc same, as I am or shall become seized or possessed of, or am by the said Act empowered to convey, to hold the premises to the said company [or other descr+tion 1 their successors and a s s ips for ever, accorcling to the true intent and nwaning of the said Act. In viitness whereof, I have hereunto set my

hand and seal, the	day of	in the year
of our Lord

SCHEDULE 14.

I of in consideration of thc rent charge to be paid to me, my hcirs and assigns, as hereinafter mentioned, by

The promotors of the undertaking" [wanziug tleii~] incorporated tor constitutcclJ by kirtue of the [hew ?tun~e the Special Act] do hereby convey to the said company

[or 0 t h ~ ~ descr+tiotb] their succebsors and asbigns, all [ r l~sc r ib i t~~ the pre~~aisrs to Irr

cowe~/~rl] together u i th all ways, rights, and :rppurtexiauces thereunto bclongil;;

and all my cstatt., right, titlc, and interest in and t o the same, and every part thercor, "Q hold the said premises to the said company [ o r o t h e ~ clesc~iptio~a] their successors

and assigns, for ever, according t o the truc intent and meaning of the said Act, they

the said company [or otltrr d o s ~ ~ '; t ) ~ ~ o u ] their succcvsors ancc assigns, yielding and

-aying unto me, my heirs and assigns, one clear yearly rent of

by equal quarterly [or half-yearly, as agreed q ~ o n ] portions, henceforth, on tlie

[sfnti)z!/ the tla!ys] clcar of all lases and cleductim~s. In witness whercof, I have

herrunto set rny hand anti soill, the clay of in the

pcar of our I ,orcl

1Js IT R I X G ~ L R ~ I ), that on the day of

in the year of our Lord A. B. is convicted before us,

Australia rere d ~ x c ~ i b ~ l ?~e qfe~zce :pztwclly, t z ~ d ihr: time and plctce z u h ~ ~ ~ ? d where	C. D. two o f Hcr Majesty's Justices of the l'cucc! for the Province ol South
comnzitted i' , contrary to the Lhtjre uume the A))et-inl A c t ]. Given under our bands
and seals, the day and rear first above writtcn.

c. (L&)

D. (m,)

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Adelaide: By authority, W. C. Cos,