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IX. Sale of made and constructed, and other the works connected therewith,
Land to Rail.
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at the price of £ --, ALL THOSE closes of land and herepany. ditaments situate in the parish of in the county of

and which premises are particularly described with
their respective admeasurements in the schedule hereto
annexed, and are also delineated and numbered
the plans (1), and described in the book of reference thereto
relating to the said railway, deposited by the company in
the office of the clerk of the peace for the county of
at ; TOGETHER with all mines and minerals (c) in and
under the same premises, and the inheritance thereof in fee
simple, free from incumbrances.

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by one surveyor nominated and acting for both partiės. See also
Baker v. Metropolitan Rail. Co., 32 L. J., Ch. 7.

This section applies to compensation for injuriously affecting
land not taken by the promoters, as well as to compensation for

taking lands : Stone v. Mayor, gre. of Yeovil (C. A.), 2 C. P. D. 99. Sect. 12.

Sect. 12.]-By sect. 45 of the Railways Clauses Act, 1845 (8 & 9 Extraordi

Vict. c. 20), companies are authorized to contract with any party nary purposes. willing to sell the same for the purchase of any land adjoining

or near to the railway, not exceeding in the whole the prescribed
number of acres for extraordinary purposes; (that is to say), for
the purpose of making and providing additional stations, yards,
wharfs, and places for the accommodation of passengers, and for
receiving, depositing, loading or unloading goods or cattle to be
conveyed upon the railway, and for the erection of weighing
machines, toll houses, offices, warehouses, and other buildings
and conveniences : for the purpose of making convenient roads
or ways to the railway, or any other purpose which may be

requisite or convenient for the formation or use of the railway." Plans.

(6) Railway companies are not at liberty to proceed with the
works until the plans of all the alterations authorized by Parliament
have been deposited. See Railways Clauses Act, 1845 (8& 9 Vict.
c. 20), s. 8. As to how far the deposited plans and books of refer.
ence are binding on the company, see North British Rail. Co. v.
Tod, 12 Cl. & F. 722; Kemp v. West End of London, g'c. Rail.
Co., 1 K. & J. 681; Reg. v. Caledonian Rail. Co., 16 Q. B. 19;

Re Corporation of Huddersfield, L. R., 10 Ch. 92.
Mines, &c. (c) By the Railways Clauses Act, 1845 (8 & 9 Vict. c. 20), s. 77,

The company shall not be entitled to any mines of coal, ironstone,
slate, or other minerals under any land purchased by them, except
only such parts thereof as shall be necessary to be dug or carried
away or used in the construction of the works, unless the same
shall have been expressly purchased; and all such mines, except
as aforesaid, shall be deemed to be excepted out of the convey;
ance of such lands, unless they shall have been expressly named
therein and conveyed thereby.'

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Mines lying near the railway are not to be worked if the com-
pany is willing to purchase them (sect. 78); but if the company

Land to Rail

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tenant's

2. The said price of £_ shall include, and be in full ix. Sale of satisfaction of and compensation for all mines and minerals, and for all damage caused by severing the lands and premises pany. purchased from other property of the vendor, or by otherwise injuriously affecting such other property in the exercise of the powers of the said Acts, and in full satisfaction of all communications, bridges, culverts, drains, ways, passages, accom- Purchasemodation works (d) and things whatsoever which might money to

include comotherwise be required to be made or done under any of the pensation for said Acts for the better enjoyment, protection, or accommo- ance, &c.

mines, severdation of the vendor's adjoining or other property, and also all rights of preemption over surplus land. 13. The said price of £- - shall also include and be in Also for full satisfaction of and compensation for all claims and rights, &c. demands whatsoever of the tenants or occupiers of the premises hereby agreed to be sold; PROVIDED always that the company shall give due notice to such tenants and occupiers to treat as provided by the said Acts, and shall deliver to the vendor all claims and demands sent in pursuant to the said notices, and the vendor shall be at liberty to settle with the said tenants and occupiers, upon such terms as may be mutually agreed between him and them with regard to their respective interests in the premises, and he shall indemnify the company from all claims and demands in respect of the premises.

4. The vendor hereby consents to such alterations of levels Alteration as may be found necessary or convenient in the construction of the said railway and works.

5. The vendor shall, whenever thereunto required by the Delivery of solicitors of the company in writing, deliver to them an abstract of title to the premises hereby agreed to be sold; but such abstract shall not commence at an earlier date than shall be required by them, and no costs or expenses shall be incurred

of levels.

abstract.

are unwilling to purchase, the owner may work the mines (sect. 79). It is generally advisable that the company should purchase the mines along with the surface, whereby the necessity of paying compensation, under sect. 78, for leaving the mines unworked, and under sect. 81, for severance, &c., is avoided. See Frend & Ware, Rail. Prec. p. 21.

The term “mines" in a conveyance to a canal company was held to include quarries : Midland Rail. Co. v. Checkley, L. R., 4 Eq. 19; see also Hent v. Gill, L. R., 7 Ch. 699.

(d) As to accommodation works, vide post, p. 448.

day of

IX. Sale of by the vendor in preparing the abstract or otherwise as to Land to Rail-title, except upon the written request in that behalf of the

pany. said solicitors or of the secretary of the company. Errors, &c. 6. If any error or omission shall be found as regards the

admeasurements or descriptions of the premises, compensation on account thereof shall be paid or allowed by the vendor or

the company, as the case may require. Completion 7. The purchase-money, together with all costs and expenses of purchase.

allowed by the said Acts or by this agreement, shall be paid
to the vendor at the office of Messrs. -, his solicitors, at
on the
day of

provided a good title to the premises shall then have been shown. The vendor and all other necessary parties, if any, shall thereupon make and execute all proper conveyances of the premises to the company, or as their said solicitors shall direct. Such conveyances shall contain the usual statutory acknowledgments by the vendor of the right of the company to all deeds and documents of the vendor relating to the premises agreed to be sold and retained

by the vendor, and undertaking for the safe custody thereof. Delivery of 8. The vendor shall up to the said possession to

18—, retain possession of the premises or receive the rents and profits thereof, and shall pay all taxes, rates, and outgoings in respect thereof; and as from that day the possession shall be taken and the rents and profits shall be received and all

taxes, rates and outgoings shall be paid by the company. Power for 9. Provided always that the company shall be at liberty company to take imme

to take immediate possession of the premises upon depositing

the said price or sum of £—, in the Bank in the session.

joint names of the vendors and of C. D. on behalf of the company, where the same sum shall remain at the risk of the company until completion of the purchase, when the same shall be paid to the vendor or other persons entitled thereto, or otherwise into Court for bis or their benefit as provided by

the said Acts. In such case 10. If the company shall take immediate possession under company to pay interest

the last preceding clause, the company shall pay interest on on purchase the purchase-money at the rate of £- per cent. per money.

annum on the amount of the purchase-money from the time of taking such possession until completion of the purchase, but shall be entitled to receive all interest allowed by the said bank upon the deposit of the purchase-money.

the company.

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11. The fees of the vendor's surveyor amounting to IX. Sale of £

Land to Railand all costs of the solicitors of the vendor to

up and inclusive of the preparation and execution of this agree- pany. ment, and of carrying the same into effect, shall be paid by Surveyor’s

fee and costs to the company.

be paid by the AS WITNESS, &c.

company (c). THE SCHEDULE ABOVE REFERRED TO.

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(e) The costs of conveyances, where lands are taken by agree- Costs. ment, are regulated by sect. 82 of the Lands Clauses Act, which provides that—" The costs of all such conveyances shall be borne by the promoters of the undertaking; and such costs shall include all charges and expenses incurred on the part as well of the settlor as of the purchaser, of all conveyances and assurances of any such lands, and of any outstanding terms or interests therein, and of deducing, evidencing, and verifying the title to such lands, terms, or interests, and of making out and furnishing such abstracts and attested copies as the promoters of the undertaking may require, and all other reasonable expenses incident to the investigation, deduction, and verification of such title." The more extensive obligations as to costs imposed by sect. 80, relate only to cases where land is taken compulsorily. The costs of preparation and execution of the contract should, therefore, be provided for by special stipulation.

It has been held that sect. 82 throws on the company the costs of preparing and verifying maps, schedules, &c., but not of ascertaining what the property to be conveyed is, nor of apportioning ground rents : Re Hampstead Rail. Co., Ex parte Buck, 1 H. & M. 519. The company must pay the costs of getting in a legal estate outstanding at the date of the contract: Re Nash's Estate, 4 W. R. 111; Re Eastern Counties Rail. Co., 26 L. T. 176; also costs of obtaining administration de bonis non of a testator whose executor had died intestate: Re Liverpool Improvement Act, L. R., 5 Eq. 282. But the company is not liable for the costs of applications under the Trustee Acts rendered necessary by the devolution of the legal estate, owing to the death of a vendor, upon persons incompetent to convey: Midland Rail. Co. v. Wescomb, 2 Rail. Ca. 211; London & S. W. Rail. Co. v. Bridger, 12 W.R. 948; S. C., 10 Jur., N. 8. 654. See further, as to costs of proceedings necessary for completing the conveyance, Browne & Theobald, Law of Railways," p. 209, and Shelford on Railways, vol. ii. p. 379.

X. AGREEMENT with PROMOTERS of a RAILWAY

COMPANY for sale of Lund; COMPANY to make
ACCOMMODATION Works, and to COMPENSATE the
Landowner for DETERIORATION in VALUE of his
PROPERTY in consideration of his WITHDRAWING
Opposition to the passing of the Bill.

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AN AGREEMENT made the day of Parties. 18–, BETWEEN ( promoter], of &c., and [promoter], of &c.,

being two of the promoters and members of the provisional committee of a company intended to be incorporated under the name of the

Railway Company (and who are hereinafter referred to as the promoters), on behalf of themselves and of all other proprietors of the said intended railway, of the one part, and [landouner], of &c. (and

who is hereinafter referred to as the vendor), of the Recitals that other part. WHEREAS a bill is now pending before the bill for in

House of Commons for the purpose of incorporating the corporating company is said

Railway Company, and empowering them to pending ;

make a line of railway from to -, which, as at that intended railway passes present marked out, passes for a distance of two miles or through vendor's estate ;

thereabouts through an estate of the vendor situate in the parishes of

and

in the county of that vendor AND WHEREAS the vendor has signified his intention to the against bill,“ promoters to petition against the said bill, and to oppose the and consented passing of the same into law: And WHEREAS at the request

of the promoters the vendor has consented to withdraw his opposition on terms. opposition to the bill upon the terms and conditions herein

after contained, and on the part of the promoters and of the Operative said intended company, to be observed and performed: NOW part. THESE PRESENTS WITNESS, and it is hereby agreed

and declared as follows, that is to say : Interpre- 1. In this agreement the term “vendor” includes the tation clause.

vendor, his heirs and assigns, and the term the “company includes the intended

Railway Company, their successors and assigns. Company 2. If the company shall be incorporated by Act of Parliapensation for ment in the present or any future session, and shall be deterioration empowered to enter upon and take any lands of the vendor the property: situate in the parishes of

and

aforesaid respectively, for the purposes of the said railway, the company shall, within

weeks after the passing of such

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