11 Geo. 2, c. 19.

8 & 9 Vict. c. 18.

the premises, then the justices may put the landlord into possession, and the lease to the tenant shall from thence be void. An appeal is given by sect. 17 to the next justices of assize. The justices should make a record of the whole proceedings. [Forms, Nos. 5—7, pp. 809, 810, Oke's" Formulist," 6th edit.] An order of restitution may be made, notwithstanding a judgment obtained in the county court for the identical rent in arrear (In re Emmett, 14 J. P. 530, 717).

Fraudulent Removal.] Goods may be seized within thirty days after rent due and removal, oath being first made to a justice having jurisdiction before entering a dwelling-house by force to seize them (11 Geo. 2, c. 19, ss. 1, 2, 7). It is usual to take a complaint in writing, and to grant a warrant to aid and assist; but the right to do the latter is very questionable. [Forms, Nos. 8, 9, p. 811, Oke's "Formulist," 6th edit.]

Lodgers' Goods Protection.] See 34 & 35 Vict. c. 79, in tit. "Lodgers' Goods Protection," post.

LANDS CLAUSES ACT. 69

Arbitrators in Compensation Cases.] By 8 & 9 Vict. c. 18, s. 28, two justices may appoint an umpire if arbitrators have failed to do so, in other than railway cases. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him, he is to make and subscribe a declaration in the presence of a justice (s. 33), and this may be done before any justice, it not being necessary to be made in the locality to which the reference is conducted (Davies v. South Staffordshire Railway Co., 15 J. P. 787). [Form, No. 3, Oke's "Formulist," 6th edit. p. 813.]

Appointment of Surveyor, &c.] The compensation to absent parties for lands taken is to be determined by a surveyor nominated by two justices (s. 58); and upon application by the promoters of the

69 This act of 8 & 9 Vict. c. 18, is "The Lands Clauses Consolidation Act, 1845," which applies to "every undertaking authorized by any act which shall thereafter [8th May, 1845] be passed, and which shall authorize the purchase or taking of lands for such undertaking, and this act shall be incorporated with such act" (s. 1). By sect. 5, the word “justices" shall mean justices of the peace acting for the county, &c. where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter [see Wakefield Local Board of Health v. W. Riding and Grimsby Railway Company, 35 L. J. (N. S.) M. C. 69; 1 L. Rep., Q. B. 84, and Reg. v. Manchester, Sheffield and Lincolnshire Railway Company, 2 L. Rep., Q. B. 336]; 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, &c. the same shall mean a justice acting for the county, &c. 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 be understood to mean two justices assembled and acting together. This act is incorporated with "The Railways Clauses Act," 8 & 9 Vict. c. 20, for certain purposes (see s. 6). The 8 & 9 Vict. c. 18, has been amended and its provisions extended by 23 & 24 Vict. c. 136.

undertaking to two justices, and upon such proof as shall be satis- 8 & 9 Vict. factory to them that any such party is, by reason of absence from c. 18. the kingdom, prevented from treating, or cannot after diligent inquiry be found, or that any such party failed to appear on the inquiry before a jury, such justices are, by writing under their hands, to nominate an able practical surveyor for determining such compensation (s. 59). The surveyor is to make a declaration before the same justices, or one of them, before acting, faithfully to execute the duty of valuing (s. 60). [Form, No. 4, p. 813, Oke's

"Formulist," 6th edit.]

Two justices may appoint a third surveyor to value lands [or annual rent-charge, annual feu-duty, or ground annual, 23 & 24 Vict. c. 106, s. 4] purchased from parties under disability, if the two surveyors nominated by the parties cannot agree in the valuation (s. 2). [Form, Oke's " Formulist," 6th edit. p. 812, No. 2.]

The like, previous to entry of promoters before purchase or agreement entered into on making deposit at Bank of England and giving bond, the sureties being approved by the justices (s. 85). [Form, No. 13, p. 818, Oke's "Formulist," 6th ed.] This provision, however, does not extend to railway companies exercising the powers of the section after 20th August, 1867 (30 & 31 Vict. c. 127, s. 36, which substitutes other provisions in such cases).

Apportionment of Rents.] Two justices to settle apportionment of copyhold rents on lands required to be taken, if the owner of the lands, the lord of the manor and the promoters cannot agree (s. 98).

The like of rent services, rent charges, &c. (s. 116).

The like, rent of lands subject to leases (s. 119).

Certificate of Capital.] By sect. 16, the capital is to be subscribed, under contract before compulsory powers of purchase put in force; and by sect. 17, a certificate under the hands of two justices, certifying that the whole of the prescribed sum has been subscribed, shall be sufficient evidence thereof, and on the application of the promoters of the undertaking, and the production of such evidence as such justices think proper and sufficient, such justices shall grant such certificate accordingly." [Form, Oke's "Formulist," 6th edit. p. 812, No. 1.]

Disputes as to Compensation for Lands not exceeding £50, or under Yearly Tenancies.] By sect. 21, "if for twenty-one days after the service of such notice [i.e. notice to owners and occupiers of intention to take lands, ss. 18, 19, 20], any such party shall fail to state the particulars of his claim in respect of any such land, or to treat with the promoters of the undertaking in respect thereof, or if such party and the promoters of the undertaking shall not agree as to the amount of the compensation to be paid by the promoters of the undertaking for the interest in such lands belonging to such party,

8 & 9 Vict. c. 18.

66

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 hereinafter provided for settling cases of disputed compensation." By sect. 22, "if no agreement be come to between the promoters of the undertaking and the owners of or parties by this act enabled to sell and convey or release any lands taken or required for or injuriously affected by the execution of the undertaking, or any interest in such lands, as to the value of such lands or of any interest therein, or as to the compensation to be made in respect thereof, and if in any such case the compensation claimed shall not exceed fifty pounds, the same shall be settled by two justices." 70 [Form of Application and Order, &c., Nos. 5-8, pp. 813-816, Oke's “ Formulist,” 6th ed.] By sect. 121, “if any such lands [subject to leases] shall be in the possession of any person having no greater interest therein than as tenant for a year or from year to year, and if such person be required to give up possession of any lands so occupied by him before the expiration of his term or interest therein, he shall be entitled to compensation for the value of his unexpired term or interest in such lands, 71 and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain, or if a part only of such lands be required, compensation for the damage done to him in his tenancy by severing the lands held by him, or otherwise injuriously affecting the same;—and the amount of such compensation shall be determined by two justices, in case the parties differ about the same; and upon payment or tender of the amount of such com

70 As respects the term "injuriously affected" when no part of the premises is taken, there have been several conflicting decisions upon like words in sect. 68; the latest of these decisions are kicket v. Metropolitan Railway Company, 34 L. J. (N. S.) Exch. Ch. 257: 12 Law T., N. S. 79, in error; and Brand v. Hammersmith and City Railway Company, 1 L. Rep., Q. B. 130, reversed in error, 2 L. Rep., Q. B. 223. If the compensation claimed exceeds £50, it is to be settled by arbitration or a jury, at the option of the party claiming the compensation (ss. 23, 25-37); and by sect. 33, the arbitrator or umpire is to make a declaration before acting.

71 A tenant from year to year who has received legal notice to quit is not damnified or entitled to compensation (Ex parte Merrett, Re The Portsmouth Railway Company, 2 Law T., N. S. 471). The sect. 121 does not extend to a case where the land is not touched or taken or required to be taken (Reg. v. Metropolitan Railway Company, 8 Jur., N. S. 617, Q. B.; Herring v. Metropolitan Board of Works, 34 L. J. (N. S.) M. C. 224), the notice to treat under sect. 18 not being equivalent to requiring possession (Reg. v. Stone, 35 L. J. (N. S.) M. C. 208; 14 Law T., N. S. 552). See also Reg. v. Lord Mayor of London, L. Rep., 2 Q. B. 292, on a local act, as to jurisdiction, and Reg. v. Vaughan, 38 L. J. (N. S.) M. C. 49. For the purpose of determining the compensation the interest of the claimant is to be calculated from the date of the service of notice to treat and take possession, and not from the expiration of such notice (Tyson V. Lord Mayor of London, 25 Law T., N. S. 640).

pensation, all such persons shall respectively deliver up to the 8 & 9 Vict. promoters of the undertaking or to the person appointed by them c. 18. to take possession thereof, any such lands in their possession required for the purposes of the special act." By sect. 24 "it shall be lawful for any justice, upon the application [made within six calendar months, 11 & 12 Vict. c. 43, s. 11, Vol. I. p. 135, Reg. v. Leeds and Bradford Railway Company, Re James Edmondson, specially noticed, Id. pp. 116, 117] of either party with respect to any question of disputed compensation by this or the special act, or any act incorporated therewith, authorized to be settled by two justices, to summon the other party to appear before two justices, at a time to be named in the summons, and upon the appearance of such parties, or in the absence of any of them, upon proof of the due service of the summons, it shall be lawful for such justices to hear and determine such question, 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." By 31 Vict. c. 18, which authorizes the board of trade to give an extension of time for making certain railways, sect. 15, "justices. . . in estimating the compensation to be made by the company to the owners or occupiers of or persons interested in lands, shall have regard to and make compensation for the additional damage (if any) sustained by those owners, occupiers, or persons by reason of any extension of time under this act." The proceedings at the hearing will be conducted as provided by 11 & 12 Vict. c. 43, Vol. I. pp. 174-180, and the owner or tenant should begin by proving his claim. Although desirable, no order is absolutely necessary to be made in writing (see Reg. v. Boyce Combe, 32 L. J. (N. S.) M. C. 67). See 8 & 9 Vict. c. 18, s. 63, as to mode of estimating compensation. [Forms of Applications, Summons, Order, &c., Nos. 9-12, pp. 816-818, Oke's "Formulist," 6th ed.] The recovery of the amount is not provided for in the act of 8 & 9 Vict. c. 18; but as respects railways, sect. 6 of "The Railways Clauses Consolidation Act, 1845," 8 & 9 Vict. c. 20, enacts, that all the provisions of 8 & 9 Vict. c. 18, shall be applicable to determining the amount of any such compensation, and to enforcing the payment or other satisfaction thereof (and see s. 44). By sect. 140 of the 8 & Vict. c. 20, the amount so ascertained may be recovered by distress of the goods of the company or other party liable; and by sect. 141, if sufficient goods of the company cannot be found, the amount, if not exceeding £20, may be recovered by distress of the goods of the treasurer of the company.

Costs of Refusal to give Possession of Land.] By sect. 91, a justice may grant a warrant of distress for the costs occasioned by a party

0.8.

VOL. II.

5 A

8 & 9 Vict. c. 18.

25 & 26 Vict.

c. 63, s. 13.

3 & 4 Will. 4, c. 90.

refusing to give possession of land to sheriff, the amount being settled by the sheriff.

Resale of Land.] One justice to take declaration that owner of land intended to be resold refuses to repurchase, &c. (s. 129).

LIGHTHOUSE VESSELS.

The same provisions of "The Merchant Shipping Act, 1854," as stated under the tit. "Fishing Boats," ante, p. 1401, apply to "seagoing ships belonging to any of the three general lighthouse boards."

LIGHTING AND WATCHING.72

Where 3 & 4 Will. 4, c. 90, is in force.] The 3 & 4 Will. 4, c. 90, may be superseded as to "watching," by the Rural Police Acts, and is superseded, as to "lighting," and probably "watching" also, in districts where the Public Health Act is in force. In future, therefore, as to "lighting," the 3 & 4 Will. 4, c. 90, will apply only to those places in which the Public Health Act is not in force, and for the purpose of recovering outstanding arrears of rate. [Forms to be used in adopting the 3 & 4 Will. 4, c. 90, Oke's "Formulist," 6th ed. pp. 819-823.]

Appointment of Constables.] The constables under this act are appointed by the inspectors elected by the inhabitants in vestry (s. 39); but sect. 42 authorizes any one justice [for the county, &c. in which the parish adopting the act may be situate (s. 77)] to administer the oath to all watchmen, serjeants of the watch and patrols, who are to have all the powers of constables. [Form of Certificate of having taken the Oath, No. 19, p. 827, Oke's "Formulist," 6th ed.] Vide sect. 41, for the particular duties of constables under the act, in addition to their general duties as peace officers.

Allowance of Inspectors' Annual Accounts.] At each annual meeting the inspectors are to produce their accounts and vouchers of all monies received and paid by virtue of this act for the previous year; and a duplicate or copy of such accounts, verified on oath before any two justices [of the county, &c. in which the parish adopting the act is situate (s. 77)] by the said inspectors or any

72 As to the power of chief constables of counties appointed under the County Police Acts, 2 & 3 Vict. c. 93, and 3 & 4 Vict. c. 88, or 19 & 20 Vict. c. 69, for superseding the constables appointed under the 3 & 4 Will. 4, c. 90, see ss. 18, 19 of 19 & 20 Vict. c. 69, ante, p. 1374, and 2 & 3 Vict. c. 93, s. 25, and 3 & 4 Vict. c. 88, s. 20; but until the constables are discontinued, the provisions of the 19 & 20 Viet, c. 69, applicable to constables and watchmen of boroughs, are to apply to them; and all the provisions of the 19 & 20 Vict. c. 69, applicable to the watch com mittee of a borough, are to be applicable to the inspectors under 3 & 4 Will. 4, c. 90.