Borough, Liberty, Cinque Port, or Place where such Lands shall be situate; and if the Lands in question, being the Property of one and the same Party, be situate not wholly in one County, City, Borough, Liberty, Cinque Port, or Place, the same Expression shall be construed to mean the Sheriff or Clerk of the Peace of any County, City, Borough, Liberty, Cinque Port, or Place where any Part of such Lands shall be situate: The Word "Justices" shall mean Justices of the Peace acting "Justices:" for the County, City, Liberty, Cinque Port, or Place where the Matter requiring the Cognizance of any such Justice shall arise, and who shall not be interested in the Matter; and where such Matter shall arise in respect of Lands being the Property of one and the same Party, situate not wholly in any one County, City, Borough, Liberty, Cinque Port, or Place, the same shall mean a Justice acting for the County, City, Borough, Liberty, Cinque Port, or Place where any Part of such Lands shall be situate, and who shall not be interested in such Matter ;" and where any Matter shall be authorized or required to be done by Two Justices, the Expression "Two Justices" shall "Two Jusbe understood to mean Two Justices assembled and acting tices:" together. Where under the Provisions of this or the special Act, or any Act "Owner" incorporated 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 Expression "the Bank" shall mean the Bank of England "the Bank." where the same shall relate to Monies to be paid or deposited in respect of Lands situate in England, and shall mean the Bank of Ireland where the same shall relate to Monies to be paid or deposited in respect of Lands situate in Ireland. IV. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression The Lands Clauses Consolidation Act, 1845."! -H'T tions of this V. And whereas it may be convenient in some Cases to incor- Form in porate with Acts of Parliament hereafter to be passed some Portion which Por-, only of the Provisions of this Act; be it therefore enacted, That, for Act may be the Purpose of making any such Incorporation, it shall be sufficient incorporated in any such Act to enact that the Clauses of this Act with respect with other to the Matter so proposed to be incorporated (describing such Matter Acts. as it is described in this Act in the Words introductory to the Enactment with respect to such Matter,) 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 be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if the Substance of such Clauses and Provisions were set forth therein with reference to the Matter to which such Act shall relate. And Purchase of And with respect to the Purchase of Lands by Agreement, be it Lands by enacted as follows: Agreement. VI. Subject to the Provisions of this and the special Act it shall Power to be lawful for the Promoters of the Undertaking to agree with the purchase Lands by Owners of any Lands by the special Act authorized to be taken, Agreement. 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. Parties under Disability en abled to sell and convey. VII. It shall be lawful for all Parties, being seised, possessed of, or entitled to any such Lands, or any Estate or Interest therein, to sell and convey or release the same to the Promoters of the Undertaking, and to enter into all necessary Agreements for that, Purpose; and particularly it shall be lawful for all or any of the following Parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all Corporations, Tenants in Tail or for Life, married Women seised in their own Right or entitled to Dower, Guardians, Committees of Lunatics and Idiots, Trustees or Feoffees in trust for charitable or other Purposes, Executors and Administrators, and all Parties for the Time being entitled to the Receipt of the Rents and Profits of any such Lands in possession or subject to any Estate in Dower, or to any Lease for Life, or for Lives and Years, or for Years, or any less Interest; and the Power so to sell and convey or release as aforesaid may lawfully be exercised by all such 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 and Idiots of whom they are the Committees respectively, and that to the same Extent as such Wives, Wards, Lunatics and Idiots respectively could I have exercised the same Power under the Authority of this or the special Act if they had respectively been under no Disability, and as to such Trustees, Executors, and Administrators, on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Femes Covert, or other Persons, and that to the same Extent as such Cestuique Trusts respectively could have exercised the same Powers under the Authority of this and the special Act if they had respectively been under no Disability, Parties under exercise J VIII. The Power herein-after given to enfranchise Copyhold Lands, Disability to as well as every other Power required to be exercised by the Lord of any Manor pursuant to the Provisions of this or the special Act, or any Act incorporated therewith, and the Power to release Lands from any Rent, Charge, or Incumbrance, and to agree for the Appor other Powers. tionment of any such Rent, Charge, or Incumbrance, shall extend to Purchase of and may lawfully be exercised by every Party herein-before enabled Lands by to sell and convey or release Lands to the Promoters of the Under- Agreement. taking. of Parties IX. The Purchase Money or Compensation to be paid for any Amount of Lands to be purchased or taken from any Party under any Disability Compensaor Incapacity, and not having Power to sell or convey such Lands tion in case except under the Provisions of this or the special Act, and the Com- under Dispensation to be paid for any permanent Damage or Injury to any ability to be such Lands, shall not, except where the same shall have been deter- ascertained mined by the Verdict of a Jury, or by Arbitration, or by the by Valuation, and paid into Valuation of a Surveyor appointed by Two Justices under the Pro- the Bank. vision herein-after contained, be less than shall be determined by the Valuation of Two able practical Surveyors, one of whom shall be nominated by the Promoters of the Undertaking, and the other by the other Party, and if such Two Surveyors cannot agree in the Valuation, then by such Third Surveyor as any Two Justices shall upon Application of either Party, after Notice to the other Party, for that Purpose nominate; and each of such Two Surveyors if they agree, or if not then the Surveyor nominated by the said Justices, shall annex to the Valuation a Declaration in Writing, subscribed by them or him, of the Correctness thereof; and all such Purchase Money or Compensation shall be deposited in the Bank for the Benefit of the Parties interested, in manner herein-after mentioned. lutely en X. It shall be lawful for any Person seised in Fee of, or entitled Where to dispose of absolutely for his own Benefit, any Lands authorized Vendor absoto be purchased for the Purposes of the special Act to sell and titled, Lands convey such Lands or any Part thereof unto the Promoters of the may be sold Undertaking, in consideration of an annual Rent-charge payable by on chief the Promoters of the Undertaking, but, except as aforesaid, the Consideration to be paid for the Purchase of any such Lands, or for any Damage done thereto, shall be in a gross Sum. Rents. XI. The yearly Rents reserved by any such Conveyance shall be Payment of charged on the Tolls or Rates, if any, payable under the special Rents to be Act, and shall be otherwise secured in such Manner as shall be agreed charged on between the Parties, and shall be paid by the Promoters of the Undertaking as such Rents become payable; and if at any Time any such Rents be not paid within Thirty Days after they so become payable, and after Demand thereof in Writing, the Person to whom any such Rent shall be payable may either recover the same from the Promoters of the Undertaking, with Costs of Suit, by Action of Debt in any of the Superior Courts, or it shall be lawful for him to levy the same by Distress of the Goods and Chattels of the Promoters of the Undertaking. XII. In case the Promoters of the Undertaking shall be empowered Power to by the special Act to purchase Lands for extraordinary Purposes, purchase it shall be lawful for all Parties who, under the Provisions herein- Lands required for before contained, would be enabled to sell and convey Lands, to sell additional and 3 X Accommo- and convey the Lands so authorized to be purchased for extraordinary Purposes. dation. Authority to purchase such Lands. XIII. It shall be lawful for the Promoters of the Undertaking to sell the Lands which they shall have so acquired for extraordinary Purposes, or any Part thereof, in such Manner, and for such Considerations, and to such Persons, as the Promoters of the Undertaking may think fit, and again to purchase other Lands for the like Purposes, and afterwards sell the same, and so from Time to Time; but the total Quantity of Land to be held at any one Time by the Promoters of the Undertaking, for the Purposes aforesaid, shall not exceed the prescribed Quantity: XIV. The Promoters of the Undertaking shall not, by virtue of Purchase the Power to purchase Land for extraordinary Purposes, purchase from incapa. citated Perse more, than the prescribed Quantity from any Party under_legal song 2010 Disability, or who would not be able to sell and convey such Lands bas new except under the Powers of this and the special Act and if the to asiquos Promoters of the Undertaking purchase the said Quantity of Land abasd from any Party under such legal Disability, and afterwards sell the Municipal XV. Nothing in this or the special Act contained shall enable any Corporations Municipal Corporation to sell for the Purposes of the special Act, not to sell without the Approbation of the Commissioners of Her Majesty's Approbation Treasury of the United Kingdom of Great Britain and Ireland, or any of the Trea- Three of them, any Lands which they could not have sold without such Approbation before the passing of the special Act, other than such Lands as the Company are by the Powers of this or the special Act empowered to purchase or take compulsorily. sury. Purchase of site.doua to solve on 19tis 278 90-te 10 IXX And with respect to the Purchase and taking of J before comrois in force. tively subscribed, before it shall be lawful to put in force any of the Powers of this or the special Act, or any Act incorporated therewiths in relation to the compulsory taking of Land for the Purposes of the 26 293uqai Undertaking or d sd of smo od tremser A of H IIXX A Certificate tices to be Evidence XVII. A Certificate under the Hands of Two Justices, certifying of Two Jus that the whole of the prescribed Sum has been subscribed, shall be sufficient Evidence thereof, and on the Application of the Promoters of the Undertaking, and the Production of such Evidence as such Capital has Justices think proper and sufficient, such Justices shall grant such that the been sub scribed. Certificate accordingly. XVIII. When XVIII. When the Promoters of the Undertaking shall require to Notice of on to!. purchase or take any of the Lands which by this or the special Act, Intention or any Act incorporated therewith, they are authorized to purchase take Lands. or or take, they shall give notice thereof to all the Parties interested in -91 bas llз8 such Lands, or to the Parties enabled by this Act to sell and convey 198 จะรวมต or release the same, or such of the said Parties as shall, after diligentes do Inquiry, be known to the Promoters of the Undertaking, and by such Notice shall demand from such Parties the Particulars of their Estate and Interest in such Lands, and of the Claims made by them! in respect thereof; and every such Notice shall state the Particulars of the Lands so required, and that the Promoters of the Undertaking are willing to treat for the Purchase thereof, and as to the Compen sation to be made to all Parties for the Damage that may be sustained by them by reason of the Execution of the Worksoto 1 VIX Beadorug esaoqi yembrosx9 101 bas. 98 of 19¶ 9dt LXIX. All Notices required to be served by the Promoters of the Service of sti Notices an108 Ho on the Parties interested in titled to of t at their last usual Place of Abode, lifeach Parties or left Owners and such Lands shall served on of Abode, if any such can after diligent Lands. Inquiry be found, and in case any such Parties shall be absent from the United Kingdom, or cannot be found after diligent Inquiry, shall also be left with the Occupier of such Lands, or, if there be no such Occupier, shall be affixed upon some conspicuous Part of such Lands. men yd to beogarb XX. If any such Party be a Corporation aggregate such Notice Service of shall be left at the principal Office of Business of such Corporation, Notice on an or if no such Office can after diligent Inquiry be found, shall be Corporation = served on some principal Member, if any, of such Corporation, and aggregate, such Notice shall also be left with the Occupier of such Lands, or, if there be no such Occupier, shall be affixed upon some conspicuous Part of such Lands." + after mendua tione@? 97oted XXI. If, for Twenty-one Days after the Service of such Notice, If PartiesTM any such Party shall fail to state the Particulars of his Claim in fail to treat.I torn Ease oku respect of any such Land, or to treat with the Promoters of the form ease of Disputesoro Undertaking in respect thereof, or if such Party and the Promoters Question to of the Undertaking shall not agree as to the Amount of the Com- be settled as pensation to be paid by the Promoters of the Undertaking for the Interest in such Lands belonging to such Party, or which he is by this or the special Act enabled to sell, or for any Damage that may be sustained by him by reason of the Execution of the Works, the Amount of such Compensation shall be settled in the Manner herein-it after provided for settling Cases of disputed Compensation to wo¶ oft to ens¶ odt tot buc. I to gai XXII. If no Agreement be come to between the Promoters of the Disputes as Undertaking and the Owners of or Parties by this Act enabled to sell to Compenand convey or release any Lands taken or required for or injuriously the Amount affected by the Execution of the Undertaking, or any Interest in such claimed Lands, as to the Value of such Lands or of any Interest therein, or does not as to the Compensation to be made in respect thereof, and if in any excesettled such Case the Compensation claimed shall not exceed Fifty Pounds, the same shall be settled by Two Justices. sation where exceed 504 to be by Two Justices. XXIII. If |