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Act, and whether any portion of the lands of the vendor X. Sale of
Land to Proshall or shall not ultimately be taken by them, pay to the vendor the sum of £- , as compensation for any deterioration in the value of the property of the vendor, and for any annoyance to the vendor, or to the tenants and occupiers, for the time being, of the said estate, or any part thereof, which may happen or arise in case the said intended railway shall pass through or over the same.
3. The company shall, before entering upon or taking pos- To pursession of any part or parts of the said lands (except for the required at a purpose of setting out the line of the said railway), pay to the fixed price per vendor the further sums following, that is to say: the sum of £ per acre, and after the same rate for every less quantity than an acre, for the purchase in fee simple in possession, free from incumbrances, of such of the lands of the vendor, situate in the said several parishes of and
or either of them, as may be required by the company and be authorized to be taken by them for the purposes of the said railway: And also the sum of £ per acre, and after the same rate for every less quantity than an acre of the lands purchased, and in full compensation and satisfaction (except as hereinafter mentioned) for all damage which by the severance of the same lands, or by the formation of the said railway or any works connected therewith, may be occasioned to the adjoining or other lands of the vendor.
4. The company shall pay all costs and expenses which shall To pay be incurred by the vendor, in or about the deduction and veri- ducing title
, fication of the title to the lands which shall be required and &c.: purchased by the company as aforesaid, and also the costs and expenses of or incidental to the preparation and execution of this agreement, and of all conveyances and assurances whatsoever, which be necessary for vesting the same lands in the company.
5. The company shall not at any time hereafter make or Not to erect any station, depôt, loading or unloading place, lime or ings on ven. brick kiln, steam engine, erection, or building whatsoever, dor's land
without conupon any part of the said estate of the vendor, except such sent : parts as shall then have been purchased by them, without having first obtained his consent in writing so to do: And the company shall, in the construction and maintenance of the said railway across or through the estate, do as little damage thereto as possible.
costs of de
X. Sale of
6. The company shall, within months from the date Land to Promoters.
of this agreement, at their own cost make and for ever after To make
the making thereof maintain the several accommodation and accommoda- other works specified in the schedule hereunto annexed for tion works
the accommodation of the vendor, and the company shall, on specified in schedule (a): the completion of the purchase, enter into and execute a deed
of agreement and covenant for the execution of such works (6). To ratify 7. The company shall, at their own expense, within this agreement after
days next after the passing of the said Act, by such instruincorporation. ment under their common seal, as the counsel of the vendor
shall advise, adopt, ratify, and confirm this agreement in all respects; and in default thereof, and until such instrument shall have been so sealed, the promoters and each of them, their and each of their heirs, executors, and administrators, shall be jointly and severally and personally responsible to the vendor for the due observance and performance of these presents, and be liable in damages for the non-observance or non-performance of the same, or any part thereof, and so from time to time as such damages shall accrue.
(a) As to the construction by a railway company of works for the accommodation of lands adjoining the railway, see the Railways Clauses Act, 1845, sects. 68–76. Under this Act companies are to make and maintain, for the accommodation of the owners and occupiers of adjoining lands, necessary gates, bridges, and other communications, fences, drains, and watering places for cattle, but are not to be required to make such accommodation works where the owners or occupiers have agreed to accept compensation instead thereof. If, therefore, any part of the purchase-money is intended to be compensation instead of works, this should be expressly stated as in the preceding Precedent, ante, p. 443. The communications must be maintained by the company for the use of the occupiers of houses built on the lands subsequently to the construction of the railway: United Land Co. v. Great Eastern Rail. Co., L. R., 10 Ch. 586. For a similar decision under an Enclosure Act, see Finch v. Great Western Rail. Co., 5 Ex. D. 254. As to the liability of the company
with regard to sufficiency of fences, and as to animals trespassing, see Ricketts v. East and West India Docks, fc. Rail. Co., 12 C. B. 160; Manchester, Sheffield, and Lincolnshire Rail. Co. v. Wallis, 14 C. B. 213; Midland Rail. Co. v. Daykin, 17 C. B. 126 ; Buxton v. North Eastern Rail. Co., L. R., 3 Q. B. 549; Dawson v. Midland Rail. Co., L. R., 8 Ex. 8; Child v. Hearn, L. R., 9 Ex. 176; Wiseman v. Booker, 3 C. P. D. 184. Accommodation works are not to be required after five years from the opening of the railway, and after that time no action will lie for damages in respect of insufficiency of the works: Colley v. London and North Western Rail. Co., 5 Ex. D. 277.
(6) See Precedent XI., post, p. 450.
8. The vendor shall not at any time hereafter petition X. Sale of
Land to against, or in any manner whatever, either directly or in
Promoters. directly, oppose, or cause opposition to be raised to the making Vendor of the said projected railway from to
not to oppose 9. The vendor will accept from the said company the sum
Vendor to of £ per acre for the purchase by them as aforesaid
accept price of such of the said lands of him the said vendor as may be and compenrequired by the said company for the purposes of the said at rate specirailway, and the said sum of £ per acre as aforesaid, as compensation, or satisfaction for all such damage and injury as hereinbefore mentioned.
10. The vendor will, within days next after notice to deliver in writing, signed by the secretary of the said company, and title when stating what lands, being part of the said estate, will be re- required : quired for the purposes of the said railway, shall have been served upon him, the vendor, or left at his usual or lastknown place of abode in England, make and deliver to the solicitors for the time being of the said company an abstract of the title of him, the vendor, to the lands in such notice mentioned or specified, and will by such abstract deduce and show a clear and marketable title to the same lands and the appurtenances thereto belonging. 11. On payment by the said company of the purchase and to convey
lands required compensation money to be paid by them pursuant to these presents, for and in respect of any lands, parcel of the said estate, which they may require for the purposes of the said railway, the vendor and all other necessary parties (if any) will execute all such conveyances and assurances for the purpose of conveying the same lands, and the fee simple and inheritance thereof in possession, free from incumbrances, to the company, as shall be required by the solicitors or counsel of the company.
12. Nothing herein contained shall in anywise operate to Stipulabind or compel the vendor to compensate out of his own compensation moneys any tenant or occupier who now holds or occupies the of tenauts. lands which may be required and purchased by the company as aforesaid, or any part thereof; but any such tenant or occupier shall be paid such compensation as he may be entitled to by the company.
13. Nothing herein contained shall be construed to prevent Stipulaor restrict the vendor as owner of lands adjoining the said tion; is to
of railway from availing himself of the benefit of any provisions company to B.-- VOL. I.
Land to Promoters.
X. Sale of contained or to be contained in the act of incorporation of the
company, or any act incorporated therewith, requiring the make further company to make and maintain proper and sufficient works
for the accommodation of the owners and occupiers of lands
THE SCHEDULE ABOVE REFERRED TO.
[Describe accommodation works.]
XI. DEED OF AGREEMENT by a Railray Com
pany to crecute WORKS for the ACCOMMODATION of
the Ouner of Lands adjoining the Railway.
THIS INDENTURE made the day of — Parties. 18—, BETWEEN the X. and Y. Railway Company of the one Recitals; part, and A. B., of &c. of the other part: WHEREAS the of agreement for sale of
owner is seised of or otherwise entitled for an estate in fee lands to come simple in possession to (amongst other hereditaments) the pany :
several pieces of land and hereditaments described in the schedule hereunder written, and which being required by the company for the purposes of their works were recently agreed
to be purchased by them free from incumbrances at the price of conveyance of £ — : Ann) WHEREAS by an indenture bearing even to company;
date with, but to be executed after, this agreement the said pieces of land and premises are intended to be conveyed unto
and to the use of the company their successors and assigns : of agreement And WHEREAS upon the treaty for the said purchase it was to execute
agreed that the company should make the payments and works, &c.
execute the several accommodation and other works hereinafter mentioned respectively, and should enter into the stipulations hereinafter contained and on their part to be observed and performed : NOW THIS INDENTŪRE WITNESSETH, and it is hereby agreed and declared, and the company do hereby for themselves, their successors and assigns (so far as relates to the stipulations on their part to be observed and performed) cove
nant with the owner in manner following, that is to say: Interpre
1. In this agreement the term “owner” includes the tation clause.
owner and his heirs and assigns, and the term “the company includes the X. and Y. Railway Company and their successors and assigns.
ment for Ac.
2. The company shall previously to the opening for traffic XI. Agreeof the said intended railway or any part thereof, make and commodation for ever after the making thereof, maintain fit for the con
Works. venient passage thereover respectively of agricultural waggons To make and carriages, such roadways or paths each of the width of and maintain
roads, gates ten feet at the least, with such culverts and works thereunder and culverts. respectively as are next hereinafter mentioned or referred to [describe these works in detail]: And also shall at their own cost make, and for ever maintain in good and sufficient repair and condition, suitable gates, each of sufficient width for the passage of agricultural waggons and carriages, over or upon all the several roadways or paths herein before mentioned : and also shall at the like cost make, and in like manner maintain in good and sufficient repair, culverts, tunnels, and other necessary works under the said several roadways or paths, so as that the same respectively shall not in any way interfere with, hinder or obstruct the free passage of water through the said several drains or ditches over which the same roadways or paths shall respectively pass as aforesaid. 3. The company shall make, and for ever after the making to make
and maintain thereof, maintain and keep open two main drains to be made drains. parallel with and adjoining to the said intended railway, the one on the eastern and the other on the western side thereof, so that an effectual watercourse may be maintained and continued along the said intended railway for such distance as the same shall pass through or adjoin upon lands belonging to the owners. 4. The company shall make, and for ever after the making To make
and maintain thereof respectively maintain, and keep in good repair for the tunnels. purpose of carrying off the water from such of the lands lying adjacent to the said pieces or parcels of land described or referred to in the said schedule to these presents, as are situate on the eastern side of the said intended railway a circular tunnel under the same railway of the width or diameter throughout of feet at the least, to run between the pieces of land first and secondly described in the said schedule, and to be in the same position and direction as nearly as circumstances will permit as is the drain or ditch which now separates the same pieces of land respectively the one from the other, which position and direction are delineated