person considered necessary as a witness, and on the like request the sheriff must order the jury, or any six or more of them, to view the place or matter in controversy. The sheriff gives judgment for the purchase-money or compensation assessed by the jury.

Section 49 is important. It says:

"Where such inquiry shall relate to the value of lands to be purchased and also to compensation claimed for injury done or to be done to the lands held therewith, the jury shall deliver their verdict separately for the sum of money to be paid for the purchase of the lands required for the works or of any interest therein belonging to the party with whom the question of disputed compensation shall have arisen, or which under the provisions herein contained he is enabled to sell or convey, and for the sum of money to be paid by way of compensation for the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such lands by the exercise of the powers of this or the special Act or any Act incorporated therewith."

If the verdict of the jury is for a greater sum than that previously offered by the promoters all the costs of the inquiry are to be borne by the promoters; but if the verdict is for the same or a less sum than that previously offered, or if the owner of the lands has failed to appear at the inquiry after receiving due notice, one-half of the costs of summoning, impanelling and returning the jury and of taking the inquiry and recording the verdict and judgment (if verdict and judgment are taken) is to be defrayed by the owner of the lands, and the other half by the promoters, and each party shall bear his own costs other than these.

By a Surveyor Nominated by Justices.-If the owner fails, after due notice, to appear at the time appointed for the inquiry, and also in any case where purchase-money or compensation is payable for lands to be purchased or taken by the promoters from any party who by reason of absence from the kingdom is prevented from treating, or who cannot, after diligent inquiry, be found, the purchase money or compensation for the lands and the compensation to be

paid for any permanent injury to the lands are to be such as shall be determined by the valuation of such able practical surveyor as two justices shall nominate for that purpose. The surveyor, before he enters on his duties, is to subscribe a declaration that he will perform them faithfully. This declaration and his nomination and the valuation are to be kept by the promoters and produced to the owner and other interested parties on demand. The expenses of every such valuation by a surveyor are to be borne by the promoters.

When the owner subsequently comes upon the scene he may, if he is dissatisfied with the surveyor's valuation, require that the question of the sufficiency or otherwise of the compensation shall be submitted to arbitration under the procedure with which we shall be dealing directly. If the compensation is held sufficient the costs are to be in the discretion of the arbitrators. If it is held that a further sum ought to be paid beyond that included in the surveyor's valuation all costs of and incident to the arbitration are to be borne by the promoters.

By Arbitration.-Where the owner has exercised his option, previously referred to, of requiring a reference to arbitration instead of to a jury, or in any case where the promoters and the owner agree to go to arbitration, or where the special Act directs that any question of disputed compensation shall be settled by arbitration, the dispute goes to a tribunal of two arbitrators, one appointed by each party, unless both parties concur in the appointment of a single arbitrator. Where an arbitration tribunal has thus to be constituted, and for the space of fourteen days after the dispute has arisen and after a request in writing served by one party the other party fails to appoint an arbitrator, the party making the request and having himself appointed an arbitrator may appoint such arbitrator to act on behalf of both parties. The arbitrators, where more than one, before entering on the reference must in writing appoint an umpire to decide on any matters on which they may differ. In case of refusal or neglect of the arbitrators to appoint the umpire, the Board of Trade is

to make the appointment. The arbitrators and umpire have power to call for production of documents in the possession of either party and to examine witnesses on oath. As in the case of the surveyor each of them has to make a solemn declaration that he will faithfully perform his duties. The costs of and incident to the arbitration are to be borne by the promoters unless the arbitrators award the same or a less sum than shall have been offered by the promoters, in which case each party must bear his own costs incident to the arbitration and the costs of the arbitrators are to be borne by the parties in equal proportions. In the case of arbitration the promoters are not bound to make an offer, but if they do not and any sum is awarded to the owner he is entitled to his costs.

SEPARATE HEADINGS OF COMPENSATION.-I have already read the provisions of section 49 as to what is to be dealt with in an assessment made by verdict of a jury. Section 63 makes similar provision for cases where the assessment of compensation is made by arbitration or by justices or surveyors. It is as follows: "In estimating the purchasemoney or compensation to be paid by the promoters of the undertaking in any of the cases aforesaid regard shall be had by the justices, arbitrator or surveyors, as the case may be, not only to the value of the land to be purchased or taken by the promoters of the undertaking, but also to the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers of this or the special Act or any Act incorporated therewith."

ASCERTAINMENT OF COMPENSATION AFTER LAND TAKEN OR WORKS EXECUTED.-Section 68 of the Act prescribes the procedure to be followed in the case of parties entitled to any compensation in respect of any lands or any interest therein, which shall have been taken for, or injuriously affected by, the execution of the works, and whose case is not covered by the provisions with which we have already been dealing in connection with a notice to treat, or by any provision in the special Act. Under it, if the com

pensation claimed exceeds fifty pounds, the claimant may have it settled either by arbitration or by verdict of a jury as he shall think fit. If he desires arbitration, he gives notice to the promoters to that effect stating the nature of his interest and the amount claimed, and unless the promoters be willing to pay the amount claimed and enter into a written agreement for that purpose within 21 days after the receipt of such notice the arbitration takes place under the procedure we have already dealt with. If the claimant desires a jury he gives notice to the promoters to that effect, with particulars of the nature of his interest and the amount claimed, and, unless the promoters are willing to pay the amount claimed, and enter into a written agreement for that purpose, they must, within 21 days after receipt of the notice, issue their warrant to the sheriff to summon a jury for settling the amount, and in default of doing so they will be liable to pay the amount claimed, and the claimant will be entitled to recover it with costs by action.

PROVISIONS SUBsequent to SecTION 68.-The provisions of the Lands Clauses Consolidation Act, 1845, subsequent to section 68 have now to be considered.

Payment and Conveyance where parties absent or under Disability. Provision is made as to how the purchase money or compensation when ascertained is to be paid, deposited, applied, or dealt with in the case of parties who are under disability, or have a partial or limited interest, and are selling under the special power given by the 1845 Act. Similar provision is made in the case of parties who are out of the kingdom, or cannot be found, and as to the conveying of the land to the promoters, or the execution by them of a deed poll, by way of substitution for a conveyance, in cases where there is default in executing a conveyance or in adducing a good title to the lands. Section 79 provides that if any question arise as to title the parties respectively in possession of the lands, as being the owners thereof, or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been law

fully entitled to such lands until the contrary be shown to the satisfaction of the court.

Entry on Land.-The promoters are precluded, except by consent of the owners and occupiers, or upon complying with conditions prescribed in section 85, from entering upon any lands required to be purchased or permanently used, until they have paid to every party having any interest in such lands the purchase-money or compensation agreed or awarded, or have deposited it in such manner as the Act allows. Where, however, the promoters desire to enter for the purpose merely of surveying and taking levels, and of probing or boring to ascertain the nature of the soil, and of setting out the line of the works, they may, after giving not less than three nor more than fourteen days' notice to the owners or occupiers, enter upon the lands without previous consent, making compensation for any damage thereby occasioned to the owners or occupiers.

The conditions prescribed by section 85, just referred to, are (1) that the promoters should deposit in court, by way of security, either the amount of the purchase-money or compensation claimed by any party interested in or entitled to sell and convey such lands, and who shall not consent to such entry, or such sum as shall be determined by a surveyor, appointed by two justices, to be the value of such lands, or of the interest therein which such party is entitled to or enabled to sell and convey; and (2) that the promoters should give to such party a bond with two sufficient sureties, to be approved of by two justices in case the parties differ, in a penal sum equal to the sum so deposited. The bond is to be conditioned for the due payment or deposit of all such purchase-money or compensation as may be determined to be payable, together with interest thereon at five per cent. per annum from the time of entering on such lands until payment or deposit of the purchase-money or compensation.

Where a notice to treat has been duly served within the time limited by the special Act for compulsory purchase of lands, the power of entry under section 85 may be exercised after that time, so long as it is exercised before

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