the expiration of the period allowed by the special Act for construction of the works.

Part only of Premises not to be taken in Certain Cases.Section 92 is an important one. It provides that no party shall at any time be required to sell or convey to the promoters a part only of any house or other building or manufactory, if such party be willing and able to convey the whole.

A leaseholder is entitled to claim the benefit of this section in respect of his leasehold interest, as well as the freeholder in respect of the reversion.

The expression "house" extends to any structure adapted for one occupation or purpose, and it is not necessary that the structure should be one designed exclusively for purposes of residence. The expression also includes a garden or other land which is attached to a house for its convenient use and occupation, and would ordinarily pass under a conveyance of the house. It will not include a building which, though attached to the house, was built and is used for entirely separate occupation.

The expression "manufactory" has been held to cover only a place where some manufacturing process is carried on, so that, for example, a shop used in connection with the business of a dust collector has been held not to come within the expression. The mere fact that two parts of a property are separated by a road would not necessarily prevent their forming parts of a single manufactory for the purposes of the section.

It is the use of a building at the time of the notice to treat that is taken as determining whether or not it comes within the section.

In order to secure the benefit of the protection given by the section the owner who receives a notice to treat for a part only of his land must, at some time before the lands are taken by compulsory process in pursuance of such notice, give a counter notice to the promoters requiring them to take the whole, and indicating that he is willing and able to sell and convey the whole. He is not entitled, unless so authorised by the special Act, to take an inter

mediate course and require the promoters to take some part of his land more extensive than the part indicated in the notice to treat but less than the whole.

When a counter-notice has been given under section 92 the promoters have two alternative courses open to them. They may, if they think fit, elect to abandon the notice to treat altogether and leave the owner undisturbed in the enjoyment of his property, or they may elect to take the whole and continue proceeding under the notice to treat as if it were a notice relating to the whole. If they elect to take the latter course, however, they must give the owner a reasonable opportunity of agreeing terms before they proceed to the assessment of the value of the land under the compulsory form of procedure.

It often happens that the local circumstances make it unnecessary and unreasonable that promoters should be subjected to the obligations of section 92, which may involve them in a very serious burden. A clause is therefore often inserted in a special Act for the purpose of varying the provisions of section 92 in the case of certain specified properties if the compensation tribunal is of opinion that the part of the property scheduled by the promoters, or some other part less than the whole, can be severed from the remainder without material detriment thereto.

Small Intersected Areas, Copyhold Lands, and Rights of Common.-After section 92 come the sections dealing with small portions of intersected lands, the object of which is to remove the hardship caused where works are so laid out as to leave small portions of lands in rural areas detached from other lands with which they have been connected, the limit of area selected for these remedial provisions being half a statute acre. Following these are sections dealing with copyhold lands, under which it is required that, when the promoters take land of copyhold tenure, it shall be enfranchised and converted into freehold, the promoters paying the necessary compensation to the lord of the manor. Where the copyholds are common or waste lands the Act provides for the ascertainment of separate compensation for, and a separate vesting in the

promoters of, the rights of the lord of the manor in the soil, and the rights of the parties entitled to commonable or other rights over or in the lands. In the case of the commoners a meeting of them is to be called by the promoters by public advertisement, and a committee is to be appointed by such meeting in order to treat with the promoters as to the compensation to be paid for extinction of their rights. A majority of the meeting is to bind the minority and all absent parties. The committee may agree with the promoters upon the amount of the compensation, and receive it and apportion it among the commoners according to their respective interests. In the absence of agreement the amount is to be determined as in other cases of disputed compensation. If no effectual meeting of commoners is held, or if the meeting fails to appoint a committee, the compensation is to be determined by a surveyor appointed by two justices.

Lands Subject to Mortgage.-As regards mortgaged lands the Act enables the promoters to redeem the mortgage by paying off the amount due, together with six months' additional interest, or after giving six previous months' notice. If the mortgaged lands are of less value than the amount secured upon them, the value of the lands is settled by agreement between the mortgagee and the party entitled to the equity of redemption, on the one hand, and the promoters, on the other hand, or, failing agreement, by the same procedure as in other cases of disputed compensation, and the amount, when ascertained, is paid to the mortgagee in satisfaction of his debt, so far as it will extend. If part only of the mortgaged lands is required, and the part is of less value than the amount secured on the lands, and the mortgagee does not consider the remainder of the lands a sufficient security, or is not willing to release the part, then the value of the part, and also the compensation (if any) to be paid in respect of the severance thereof or otherwise, is to be settled by agreement, or, failing agreement, by the procedure just mentioned, and is to be paid to the mortgagee in satisfaction, so far as it will extend. In all cases where a mortgagee is, under these provisions, paid off

before the date stipulated in his mortgage, he is entitled to receive an additional sum, by way of compensation for the cost of re-investing his money, and for any loss due to the current rate of interest being lower than that provided for in the mortgage.

In the case of lands charged with such incumbrances as rent-services, rent-charges, or chief rents any difference arising between the party entitled thereto and the promoters as to the consideration to be paid for the release of the charge is to be determined as in other cases of disputed compensation. If only a part of the land subject to the charge is required by the promoters, the charge is to be apportioned by agreement, or, failing agreement, by two justices, unless the party entitled to the charge agrees, with the consent of the owner of the land, to release the part required by the promoters from the charge in consideration of the remainder of the land bearing the whole charge.

Lands Subject to Leases.-As regards lands comprised in a lease of which there is a term unexpired, provision is made that, where the undertakers are taking only a part of the lands, the rent payable under the lease shall be apportioned by agreement between the lessor and lessee, on the one part, and the promoters, on the other part, or, failing agreement, by two justices. The lessee is then to continue liable only to so much of the rent as is apportioned in respect of the land not taken, and is to be compensated by the promoters for damage done to him in his tenancy by reason of the severance of the lands required from those not required, or otherwise by reason of the execution of the works.

Section 121 provides a simple form of procedure for obtaining possession and making compensation in the case of a tenant having no greater interest than for a year or from year to year. It provides that, in such cases, if the tenant is required to give up possession before the expiration of his term, he shall have compensation for the value of his unexpired interest, and for any just allowance which ought to be made to him by the incoming tenant and for any loss

he may sustain, or, if part only of the land be required, for damage done to him in his tenancy by severing or otherwise injuriously affecting the land. The amount of the compensation is to be determined, in case of difference, by two justices, and, upon payment or tender of the compensation, possession is to be delivered up to the promoters. Any party claiming compensation on the footing of a tenancy may be treated by the promoters as holding only from year to year, and compensated accordingly, unless within 21 days after demand he produces his lease or the best evidence of it in his power.

Period for Exercise of Compulsory Purchase Powers.Section 123 precludes the promoters from exercising their powers for the compulsory purchase or taking of lands after the expiration of three years from the passing of the special Act, unless that Act prescribes a longer period for the purpose. But later sections provide that, if promoters have entered on any lands permanently required for the purposes of the special Act, and subsequently find that, through mistake or inadvertence, they have omitted to purchase or pay compensation for some interest in or charge affecting such lands, they may, notwithstanding that the period allowed for purchase may have expired, remain in undisturbed possession, provided that within six months after such interest or charge is notified or established they proceed with the purchase or compensation.

Superfluous Lands.-Under the sections relating to superfluous lands it is provided that within the prescribed period, or, if no period is prescribed, within ten years after the expiration of the time limited by the special Act for completion of the works, the promoters shall absolutely sell and dispose of all lands acquired under the clauses Act or the special Act, but not required for the purposes thereof, and, in default of their doing so, all such superfluous lands remaining unsold will vest in and become the property of the owners of the lands adjoining thereto in proportion to the extent of their lands respectively adjoining the same. Where the promoters propose to sell any such superfluous lands, they are laid under obligation to