consideration in reference to the acquisition of lands for a public service undertaking.

ACQUISITION OF LANDS BY AGREEMENT.-The most important group of sections is that dealing with the purchase and taking of lands otherwise than by agreement, but it must not be thought that the group dealing with purchase by agreement is not also very important. Incapacity or disability on the part of owners to transfer their interest in lands or to give a good title to a purchaser may form just as embarrassing an obstacle to the promoters of an undertaking, in securing its establishment, as does a stubborn unwillingness to part with the property, or a grasping determination to exact an excessive price. Even, therefore, in cases where no powers of compulsion need to be incorporated it is necessary to clothe parties, who are entitled to lands but are under some disability as regards selling the same, such as corporations, guardians of lunatics, trustees for charitable purposes, and executors and administrators, with all necessary powers for conveying their respective interests to the promoters of the undertaking, and for releasing or apportioning rent-charges and incumbrances, or otherwise assuring to the promoters the due enjoyment of any lands. Provisions on these matters are included in the group of sections dealing with the purchase of lands by agreement, and these sections also contain certain powers for persons entitled to the rents and profits of lands to sell and convey the lands to the promoters, and to do so not only on behalf of themselves and their respective heirs, executors, administrators and successors but also for and on behalf of persons entitled after them in reversion, remainder, or expectancy, or in defeasance of the estates of such persons. Sections 10 and 11, as amended by the Lands Clauses Consolidation Act, 1860, make provision for enabling vendors of land to accept an annual rent-charge, instead of a capital sum, as consideration for the sale of their lands, the rent being charged on the tolls or rates, if any, payable under the special Act and otherwise secured as agreed between the parties, and the borrowing powers of the promoters being consequentially reduced

to the extent of twenty years' purchase of the rent-charge. COMPULSORY PURCHASE PROVISIONS.-The group of sections as to compulsory purchase opens with one designed to secure that owners shall not be ousted from the enjoyment of their property by promoters who have not the necessary financial resources to enable them to get their undertaking properly started. It provides that, where the undertaking is to be carried into effect by means of a capital to be subscribed by the promoters, the whole of the capital or estimated sum for defraying the expenses of the undertaking shall be subscribed before it shall be lawful to put in force any powers in relation to the compulsory taking of land. A certificate of two justices that the whole of the prescribed sum has been subscribed is to be sufficient evidence of that fact.

NOTICE TO TREAT.-The Act goes on to provide that, when the promoters require to purchase or take any lands in accordance with the powers of the special Act in that behalf, they must give notice to all parties interested in the lands or enabled, as above mentioned, to convey the same, or such of them as shall, after diligent inquiry, be known to the promoters. The notice must demand from the parties to whom it is given the particulars of their estate and interest in the lands, and of the claims made by them in respect thereof. It must state the particulars of the land required, and that the promoters are willing to treat for the purchase thereof and as to the compensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works. Included among the "parties interested" to whom the notice has to be given are all parties who have any security charged on the lands required to be taken.

This important notice, known as the "notice to treat," when once validly given, places the landowner and promoters in a position analogous, to a large extent, to that of vendor and purchaser under a contract of sale. The promoters can be compelled, within a reasonable time after it is given, to take all subsequent steps necessary for ascertaining the amount of compensation due to the owner.

They are not at liberty to rescind the notice and give another applying to a smaller quantity of the same lands. The notice is a necessary preliminary to any further proceeding with reference to the lands, such as entry into possession under section 85. Until notice to treat is given the promoters can be restrained from exercising any powers with respect to the land. The date of service of the notice to treat fixes the interests in the land for which compensation must be paid. The promoters are not liable for increases of value subsequently arising nor have they to make compensation in respect of interests subsequently created. They are not entitled to give a notice to treat for any interest less than the whole interest that the owner has in the land required to be taken. When the notice to treat has been followed up by ascertainment of the price or compensation to be paid there is a complete and binding contract for purchase and sale of the land at that price.

Notice to treat can only be given in respect of the land itself, and not merely for an easement over it, unless the special Act contains a provision specifically authorising the compulsory acquisition of an easement. Such a provision is however sometimes inserted, in cases where no injury to the surface owner is likely to be caused, as, for example, where a work is to be constructed at a great depth underground. Where there already exists an easement over land which is being compulsorily taken the owner of the dominant tenement enjoying the easement, though he cannot require the promoters to purchase his easement, and to give him notice to treat for such purchase, will be entitled to compensation from the promoters if and when damage arises from actual interference with the easement through execution of the authorised works.

A notice to treat may be served at any time before the expiration of the period allowed by the special Act for exercise of the powers of compulsory purchase. When it has been served it must be followed up with reasonable expedition in order to retain its validity. If no further step of any kind is taken until after the expiration of the period allowed by the special Act for completion of the

works for which the land is required the promoters cannot claim to proceed under the notice.

Apart from any case where arbitration is adopted as the procedure for fixing the price, with which we shall deal later, and apart from any special obligation imposed in the special Act, the owner served with a notice to treat is not under any obligation to supply the particulars for which it asks. If he thinks it unlikely that he will be able to arrive at an agreement with the promoters as to the terms of purchase it may sometimes be better policy on his part to withhold the particulars. The absence of particulars however may obviously stand in the way of the making of a reasonable offer by the promoters, and may thus deprive the owner of the chance of a favourable settlement. If particulars are given they should be such as will enable the promoters to arrive at an opinion as to the value of the land, so that they may be in a position to decide what offer, if any, to make.

ASCERTAINMENT OF PRICE OR COMPENSATION.-The settlement of the price or compensation to be paid by the promoters to the parties interested in the land is obviously a matter of great importance.

By Agreement.-Where land is acquired by agreement it will be for the two parties to the bargain to make their own terms, subject to this qualification, that section 9 of the 1845 Act makes special provision as to the purchase money or compensation payable in the case of lands to be purchased or taken from any party under disability or incapacity and not having power to sell or convey such lands except under the provisions of that Act or the special Act. Unless the amount payable to such parties is being ascertained by the verdict of a jury or by arbitration or surveyor's valuation under the procedure relating to compulsory purchase, to which we shall come later on, it must be not less than shall be determined by the valuation of two able practical surveyors one of whom shall be nominated by the promoters 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 applica

tion of either party, after notice to the other party, for that purpose nominate.

By Sheriff's Jury, or, in certain cases, by Justices.—If, after service of a notice to treat, the party upon whom it is served fails to state the particulars of his claim or to treat with the promoters in respect thereof, or if such party and the promoters do not agree as to the amount of the compensation to be paid for his interest in the land or for any damage that may be sustained by him by reason of the execution of the works the amount of such compensation is to be settled according to the following procedure laid down in the 1845 Act.

If the compensation claimed does not exceed £50 it is to be settled by two justices. If it exceeds £50 the claimant has the right, if he so desires, to require a reference to arbitration. Notice in writing of his desire for arbitration must be given to the promoters, and must state the nature of the interest in respect of which compensation is claimed, and the amount claimed. If no desire for arbitration is so notified, or if, when the matter has been referred to arbitration, the arbitrators or their umpire fail for three months to make an award, or if no final award is made, the question of compensation is to be settled by the verdict of a jury. The claimant gets a minimum period of ten days to consider whether he prefers arbitration or a jury, because he is entitled to give his notice for arbitration at any time before the promoters have issued their warrant to the sheriff to summon a jury, and not less than ten days' notice must be given by the promoters to the claimant before they issue such warrant. In the notice of intention to summon a jury the promoters must state what sum of money they are willing to give for the claimant's interest in the lands which they are seeking to buy and for the damage to be sustained by him by the execution of the works.

The jury consists of twelve persons, and the sheriff presides at the inquiry. The claimant is deemed the plaintiff, and has all such rights and privileges as the plaintiff is entitled to in the trial of actions at law. If either party so requests in writing the sheriff must summon before him any