Parties under disability en convey. 8 & 9 Vicr. c. 18. wanted the lands, before the expiration of their compulsory powers: (Baker v. Metropolitan Railway Co., 31 Bea. 504; 32 L. J. (Ch.) 7.) VII. It shall be lawful for all parties, being seised, posabled to sell and sessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey or release the same to the promoters of the undertaking, and to enter into all necessary agreements for that purpose; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all corporations, tenants in tail, (a), or for life (b), married women (c) seised in their own right or entitled to dower, guardians, committees (d) of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years, or any less interest; and the power so to sell and convey or release as aforesaid may lawfully be exercised (e) by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots respectively could have exercised the same power under the authority of this or the special act, if they had respectively been under no disability, and as to such trustees, executors, and administrators, on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trusts respectively could have exercised the same powers under the authority of this and the special act if they had respectively been under no disability. Estate tail inalienable by statute. (a) A tenant in tail of an estate tail under an act of Parliament may sell and convev, under the Lands Clauses Act, so as to bar his heirs in tail and the remaindermen, notwithstanding his statutory 8 & 9 VICT. c. 18. disability to bar the entail : (In re Cuckfield Burial Board, Ex parte Earl of Abergavenny, 19 Bea. 153; 24 L. J. (Ch.) 585.) But as the reversion in that case was in the Crown, which is not The Crown. specially named in the Lands Clauses Act, the concurrence of the Crown could not be dispensed with: (Ibid. And see Dwarris on Statutes, 2d ed., p. 523.) (b) An equitable tenant for life must procure the concurrence of Equitable tenant the trustees to the conveyance of the land: (Lippincott v. Smyth, for life. 29 L. J. (Ch.) 520; 8 W. R. 336; 6 Jur. N. S. 311; 2 L. T. N. S. 79.) (c) Where under a settlement a feme covert tenant for life, for Married woman. her sole and separate use, with a power to appoint the land, and, in default of appointment, for her heirs, conveyed the fee to the plaintiff, it was held that the defendants were not bound during her lifetime to take a conveyance from the plaintiff without the concurrence of the trustees of the settlement: (Hall v. London, Chatham, and Dover Railway Co., 1 W. N. 144; 14 L. T. N. S. 351.) Where land stood limited to one for life, with remainder to a Married woman's husband and wife in fee, it was held that the interest of the married estate in rewoman would pass under this section: (Cooper v. Gostling, 9 Jur. pass. N. S. 1006; 11 W. R. 931; 9 L. T. N. S. 77.) mainder will (d) Where a company had contracted with a person of unsound Lunatic. mind, who had not, however, been so found by inquisition, the money paid in by the company (who had ultimately proceeded under their compulsory powers) was held to be paid in, in respect of land belonging to a person seised in fee, and competent to sell; and a conversion was held to have taken place accordingly: (In re Conversion. East Lincolnshire Railway Act, Ex parte Flamank, 1 Sim. N. S. 260.) See also Midland Railway Co. v. Oswin, 1 Coll. C. C. 74; 3 R. C. 497. As to conversion see ss. 18, 69, and 76, post, and notes. Where a railway company served a notice to treat upon a person Committee. of unsound mind, (not so found by inquisition,) and the purchasemoney was assessed by a jury, there being no committee, on the death of the lunatic, the title of the company could not be completed without an application to the Court: (Midland Railway Co. V. Ogrin, 1 Coll. C. C. 74, 80; 3 R. C. 497.) ad litem. And where the land was in mortgage, and the mortgagor was of Lunatic mortunsound mind, in the absence of a committee, the Court appointed gagor; guardian a guardian ad litem to appear for the lunatic on the hearing of a petition presented by the mortgagees, and no suit or commission was deemed necessary: (Greaves v. Great Northern Railway Co., 2 Ej. Rep. 516; 23 L. T. 53. passing of a bill. Committees must obtain the sanction of the Lord Chancellor, Committees canand not merely that of the Master, in order to enable them to con- not consent to sent to the passing of a railway bill which affects the lunatic's lands, Nor to a contract or to a contract for the sale of those lands after the passing of the for sale of lunaact. They have no authority by virtue of their office to do these tic's land. acts: (In re Brown, 1 M'N. & G. 201.) A lunatic's land being taken by a corporation under an agreement Costs. with the committee under this section, the costs of appearance of Next of kin. the next of kin, upon a petition for leave to convey, were declared 8 & 9 VICT. c. 18. to be payable by the corporation (In re Briscoe, 2 De G. J. & S. 249.) Costs of heir-atlaw of lunatic. Reference to master. Costs generally. Service of notice on next friend, Leave to guardian to oppose bill. Lessee. "Part of a house," under $. 92. Parties under disability to exercise other powers. Amount of com pensation in under disability by valuation, and paid into the bank (a). And the costs of the attendance of the heir-at-law before the Master are payable by the company: (In re Walker, 7 R. C. 129.) In a similar case, the railway company were ordered to pay the costs of a reference to the Master, as to the propriety of a sale of a part of the lunatic's land: (In re Taylor, 1 M'N. & G. 210.) See further as to costs the notes to s. 80, post. (e) Notice to treat served upon the infant or next friend, instead of the testamentary guardian, where the special act directed service of such notices to be made upon the latter, was held to be insufficient: (Harrington v. Metropolitan Railway Co., 13 L. T. N. S. 658.) A guardian obtained leave to oppose a railway bill, unless the company inserted in it certain clauses for the compensation of his ward: Monypenny v. Monypenny, 4 R. C. 226.) A lessee holding, subject to a proviso against assignment without the licence of the lessor, may agree for the sale of his interest, and is entitled to an assignment, without the concurrence of the lessor: (Slipper v. Tottenham and Hampstead Junction Railway Co., L. R. 4 Eq. 112; 15 W. R. 861; 16 L. T. N. S. 446.) A person under disability may, it seems, oblige the company to take the whole of the "house," instead of part, under section 92 of the Lands Clauses Act, although a portion of the property so taken would not be within the limits of deviation: (Governors of St Thomas's Hospital v. Charing Cross Railway Co., 1 J. & H. 400.) VIII. The power hereinafter given to enfranchise copyhold lands, as well as every other power required to be exercised by the lord of any manor pursuant to the provisions of this or the special act (a), or any act incorporated therewith, and the power to release lands from any rent, charge, or incumbrance, and to agree for the apportionment of any such rent, charge, or incumbrance, shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and convey or release lands to the promoters of the undertaking. (a) See ss. 95-98, post. IX. The purchase-money or compensation to be paid for case of parties any lands to be purchased or taken from any party under to be ascertained any disability or incapacity, and not having power to sell or convey such lands except under the provisions of this or the special act, and the compensation to be paid for any permanent damage or injury to any such lands, shall not, except where the same shall have been determined by the verdict of a jury, or by arbitration, or by the valuation of a surveyor appointed by two justices under the provision hereinafter contained, be less than shall be determined by the valuation of two able practical surveyors, one of whom 8 & 9 VICT. c. 18. shall be nominated by the promoters of the undertaking (b), and the other by the other party, and if such two surveyors (c) cannot agree in the valuation, then by such third surveyor as any two justices shall upon application of either party, after notice to the other party, for that purpose nominate; and each of such two surveyors if they agree, or if not then the surveyor nominated by the said justices, shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness thereof; and all such purchase money or compensation shall be deposited in the bank for the benefit of the parties interested, in manner hereinafter mentioned. (1) In some cases the enactments of this and some of the follow- This section diing sections have been considered by courts of equity to be merely rectory in some directory. cases. surveyor. (6) So where a valid contract under the 7th section had been Company refusentered into by a railway company with a tenant for life, but the ing to appoint company refused to appoint a surveyor under this section, the Master of the Rolls would not allow the contract to be set aside on that account, but directed a reference to chambers to ascertain whether the sum agreed upon was a reasonable and proper one within the Lands Clauses Act, and for an inquiry as to title: (Baker v. Metropolitan Railway Co., 31 Bea. 504; 32 L. J. (Ch.) 7.) But upon an appeal to Lord Westbury, C., in this case, his Lordship expressed some doubts as to the correctness of this decision, and whether the act ought not to be strictly followed in form. The case was subsequently settled: (31 Bea. 511 n.) for both parties. (e) In a later case, in which the valuation had been made by one Surveyor acting surveyor acting for both parties, Sir W. P. Wood, V.-C., upon a petition for investment, refused to disturb the transaction, and merely required an affidavit from a surveyor, to be appointed by the petitioner, to satisfy the Court as to the sufficiency of the price : (Ex parte Rector of Adderley, 10 L. T. N. S. 131. But see Tillett v. Charing Cross Bridge Co., 26 Bea. 419; 28 L. J. (Ch.) 863, and Darbey v. Whitaker, 4 Drew. 134.) absolutely en be sold on chief rents. X. It shall be lawful for any person seised in fee of, or Where vendor entitled to dispose of absolutely for his own benefit (a), titled, lands may any lands authorised to be purchased for the purposes of the special act to sell and convey such lands or any part thereof unto the promoters of the undertaking, in consideration of an annual rent-charge payable by the promoters of the undertaking, but, except as aforesaid, the consideration to be paid for the purchase of any such lands, or for any damage done thereto, shall be in a gross sum. Alteration by (a) The 1st section of the Lands Clauses Consolidation Acts Amendment Act, 1860, (23 & 24 Vict. c. 106, post,) repeals so much Act, 1860, 23 & 24 Vict. c. 106, S. 2. 8 & 9 VICT. 0. 18. of this section as provides that, "save in the case of lands of which any person is seised in fee, or entitled to dispose absolutely for their own benefit, the consideration to be paid for any lands, or for any damage done thereto, shall be in a gross sum; and the 2d section of that act extends the power to sell and convey lands in consideration of an annual rent-charge, as provided by the 10th section of the Lands Clauses Consolidation Act, 1845, and the power to recover such rent-charge under the 11th section, to all cases of sale and purchase or compensation, under the last-mentioned act, where the parties interested in such sale, or entitled to such compensation, are under disability or incapacity, and have no power to sell or convey such lands, or to receive such compensation, except under the provisions of the amended act. And the amount of such rent-charge is to be ascertained in the manner directed with reference to compensation under the 9th section of the Lands Clauses Consolidation Act, 1845. See post, where the Lands Clauses Consolidation Acts Amendments Act, 1860, is printed at length. Payment of rents to be charged on tolls. Right to distrain. Power to pur chase lands re quired for addi dation. XI. The yearly rents reserved by any such conveyance shall be charged on the tolls or rates, if any, payable under the special act, and shall be otherwise secured in such manner as shall be agreed between the parties, and shall be paid by the promoters of the undertaking as such rents become payable; and if at any time any such rents be not paid within thirty days after they so become payable, and after demand thereof in writing, the person to whom any such rent shall be payable may either recover the same from the promoters of the undertaking, with costs of suit, by action of debt in any of the superior courts, or it shall be lawful for him to levy the same by distress (a) of the goods and chattels of the promoters of the undertaking. (a) A person entitled to a rent-charge under this section is entitled to have an order enabling him to distrain, notwithstanding the existence of a suit for the appointment of a receiver. The effect of the order was held not to decide his legal rights, but to prevent the appointment of a receiver in the suit, to which he was not a party, interfering with the exercise of such rights: (Eyton v. Denbigh, Ruthin, and Corwen Railway Co., L. R. 6 Eq. 14.) XII. In case the promoters of the undertaking shall be empowered by the special act to purchase lands for extrational accommo- ordinary purposes, it shall be lawful for all parties who, under the provisions hereinbefore contained, would be enabled to sell and convey lands, to sell and convey the lands so authorised to be purchased for extraordinary purposes. (a) See s. 45 of the Railways Clauses Act, 1845, post. * Sic. |