Land Clauses Act

Link to law: http://www.moj.gov.jm/laws/land-clauses-act

LANDS CLAUSES

THE LANDS CLAUSES ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.
2. Act to apply to all undertakings authorized by enactments here-

3. Inkpetation.
4. Interpretations in this and the special Statute.
5. Form in which portions of th is Act may be incorporated with

6. Purchase of lands by agreement.
7. Parties under disability enabled to sell and convey.
8. Parties under disability to exercise other powers.
9. Amount of compensation in case of parties under disability.

10. Where vendor absolutely entitled, lands may be sold on chief-

11. Payment of rents to be charged on tolls.
12. Power to purchase lands required for additional accommodation.
13. Authority to sell and repurchase such lands.
14. Restraint on m a s e from incapacitated persons.
15. purchase of land otherwise than by agreement.
16. Certificate of Resident Magistrate evidence that capital has been

17. Promoters to make owners and OccupierS of lands M compensa-

18. Notice of intention to take lands.
19. Service of notice on owners and occupkrs of lands.
20. Service of notice on a oorporation aggregate.
21. B parties fail to treat or in case of dispute question to be settled

22. Disputes as to compensation claimed.
23. Ten days' notice of intention to commence proceedings.

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after to be passed.

other Statute.

rents.

subscribed.

tion.

as after mentioned.

2 LANDS CLAUSES

24.

25.
26.
27.
28.
29.

30.

31.
32.
33.
34.
35.
3 6.
37.

38.

39.
40.
41.
42.
43.

44.
45.
46.

47.
48.

Party claiming compensation may commence proceedings in

In case of disputed compensation plaint to be entered.
Resident Magistrate to assess the purchase-money to be paid.
Judgments and orders to be recorded.
Fees, how chargeable.
Appeal to the Court of Appeal which shall have power to order a

Party claiming making default how compensation to be ascer-

Sums to be paid for purchase of lands and for damage. .
c o s t s of inquiry.
Particulars of costs.
Payment of costs.
Compensation to absent parties.
Resident Magistrate to nominate a surveyor.
Declaration to be made by the surveyor.
Form of declaration.
Valuation, etc., to be produced to the owner of the lands on

Expenses to be borne by promoters.
Purchase-money and compensation.
When compensation to absent party has been deterpined.
Question to be submitted to the Resident Magistrate.
If further sum awarded promoters to pay or deposit same within

Costs of the proceedings.
Compensation claimed to be settled by the Resident Magistrate.
Application of compensation.
Purchase-money payable to parties under disability to be

deposited in the Treasury.
Order for application and investment meanwhile.
All sums payable under contract with persons not absolutely

accordance with sections 21 and 23.

new trial.

tained.

demand.

fourteen days.

entitled to be paid into Treasury.
49. Supreme Court may direct application of money in respect of

leases or reversions
~-

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50.
51.

52.

53.
54.
55.
56.
57.
58.
59.

60.

61.

62.

63.

64.

65.
66.
67.
68.

69.
70.
71.
72.
73.
74.
75.
76.

LANDS CLAUSES

Upon deposit being made the owners of the lands to convey.
Where parties refuse to convey or do not show title or cannot be

Upon deposit being made a receipt to be given, and the land to

Application of moneys so deposited.
Party in possession to be deemed the owner.
Costs in cases of money deposited.
Conveyance.
Costs of conveyances.
Taxation of costs of conveyances.
Payment of price to be made previous to entry, except to survey,

Promoters to be allowed to enter on lands before purchase on

Upon deposit being made the proper officer of the Treasury to

Deposit to remain as a security, and to be applied under direction

Penalty on the promoters of the undertaking entering upon lands

Decision of Justices not conclusive as to the right of the pro-

Proceedings in case of refusal to deliver possession of lands.
Parties not to be required to sell part of a house.
Intersected lands.
Promoters of the undertaking may insist on purchase where

expenses of bridges, etc., exceeds the value.
Lands subject to mortgage.
Deposit of mortgage money on refusal to accept.
Sum to be paid when mortgage exceeds the value of the lands.
Deposit of money when refused on tender.
Sum to be paid where part only of mortgaged lands taken.
Deposit of money when refused on tender.
Compensation to be made in certain cases if mortgage paid off.
Rent-charges. Release of lands from charges.

found.

vest.

etc.

making deposit by way of security, and giving bond.

give receipt.

of the Court.

without consent before payment of the purchase-money.

moters.

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4 LANDS CLAUSES

77. Release of part of lands from charge.
78. Deposit in case of refusal to release.
79. Charge to continue on lands not taken.
80. Where part only of land under lease taken, the rent to be appor-

81. Tenants to be compensated.
82. Compensation to be made to tenant at will. etc.
83. Where greater interest claimed than from year to year, lease to

84. Limit of time for compulsory purchase
85. Interests omitted to be purchased.
86. How value of such lands to be estimated.
87. Promoters of the undertaking to pay the costs of litigati~~ as to

88. Sale of superfluous lands.

adjoining lands.

originally taken, or to adjoining owners.

tioned.

be produced.

such lands.

Lands not wanted to be sold, or, in default, to vest in owners of

89. Lands to be offered to owner of lands from which they were

90. Right of pre-emption to be claimed within six weeks.
91. DSerenes as to price to be settled by the Resident Magistrate.
92. Lands to be conveyed to the purchasers.
93. Effect of the word “grant” in conveyance.
94. Service of notices upon company.
95. Tender of amends.
96. Procedure when Resident Magistrate interested.
97. Jurisdiction of Resident Magistrate’s Court where land in two

98. Resident Magistrate to exercise jurisdiction in accordance with

99. Three Resident Magistram to make rules.

parishes.

the Judicature (Residemt Magistrates) Act.

Until rules come into operation Judge to regulate the practiCe of
his Court under this Act.

100. Recovery of penalties.
101. Distress against the treasurer.
102. Penalties to be sued for within six months.

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’ ’.
,

LANDS CLAUSES 5

103. Access to special Statute. Copies of special Statute to be kept

104. Penalty on promoters failing to keep or deposit copies of special

105. Accountant-General entitled to percentage.

and deposited and allowed to be inspected.

Statute.

SCHEDULES

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LANDS CLAUSES 7

THE LANDS CLAUSES ACT cap. 297.
A d

330t 1965
S. 14,

S. 17,
321m

a 1.

[27th June, 1872.1 6 at m7

1. This Act may be cited as the Lands Clauses Act. short title.
2. This Act shall apply to every undertaking authorized Act 8ppl)’ to t0 d

by any enactment which shall hereafter be passed and which under-
shall authorize the purchase or taking of lands for such
undertaking and this Act shall be incorporated with such 2‘;rt-
enactment, and all the clauses and provisions of this Act, hererrfter
save so far as they shall be expressly varied or excepted by s.
any such enactment, shall apply to the undertaking
authorized thereby, so far as the same shall be applicable
to such undertaking, and shall, as well as the clauses and
provisions of every other enactment which shall be
incorporated with such enactment, form part of such enact-
ment, and be construed together therewith as forming one
enactment.

therewith-
“the special Statute”, used in this Act, shall be construed to

mean any enactment which shall be hereafter passed,
which shall authorize the taking of lands for the under-
taking to which the same relates, and with which this
Act shall be so incorporated as aforesaid;

“prescribed”, used in this Act in reference to any matter
herein stated, shall be construed to refer to such matter
as the same shall be prescribed or provided for in the
special Statute, and the sentence in which such word
shall occur shall be construed as if, instead of the word
“prescribed”, the expression “prescribed for that pur-
pose in the special Statute”, had been used;

takings

3. In this Act, and in enactments to be incorporated htcopreh- Don.

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8 LANDS CLAUSES

“the works” or “the undertaking” shall mean the works or
undertaking, of whatever nature, which shall by the
special Statute be authorized to be executed;

“the promoters of the undertaking” shall mean the parties,
whether company, undertakers, commissioners, trustees,
corporations, or private persons, by the special Statute
empowered to execute such works or undertaking;

“the Resident Magistrate’s Court” shall mean the Resident
Magistrate’s Court for the parish within which the
lands are situated.

bterpret.-

and tho

Statute. hereditaments of any tenure;

4. In this Act and the special Statute-
tions in thir

spectal
“lands” shall extend to messuages, lands, tenements, and

“lease” shall include an agreement for a lease;
“oath” shall include afErmation or other declaration law-

fully substituted for an oath in the case of any person
exempted by law from the necessity of taking an oath.

Where under the provisions of this or the specid Statute
or any enactment incorporated therewith, any notice shall
be required to be given to the owner of any lands, or where
any act shall be authorized or required to be done with the
consent of any such owner, the word “owner” shall be
understood to mean any person or corporation who, under
the provisions of this or the special Statute, would be
enabled to sell and convey lands, to the promoters of the
undertaking.

Form m 5. For the purpose of incorporating with enactments here-
po~onsof after to be passed some portion only of the provisions of
be this incor- this Act, it shall be sufficient in any such enactment to enact
pontdwith that the clauses of this Act, with respect to the matter so
ment. proposed to be incorporated (describing such matter as it is

described in this Act, in the words introductory to the enact-
ment with respect to such matter or by enumerating the

Which

other enact-

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T

LAND CLAUSES 9

sections) shall be incorporated with such enactment, and
thereupon all the clauses and provisions of this Act with
respect to the matter so incorporated, shall, save so far as
they shall be expresdy varied or excepted by such enact-
ment, form part of such enactment, and such enactment
shall be construed as if the substance of such clauses and
provisions were set forth therein with reference to the matter
to which such enactment shall relate.

6. With respect to the purchase of lands by agreement, Purchaseof
subject to the provisions of this and the special Statute, it agreement.
shall be lawful for the promoters of the undertaking to agree
with the owners of any lands, by the special Statute author-
ized to be taken, and which shall be required for the pur-
poses of such enactment, and with all parties having any
estate or interest in such lands, or by this or the special
Statute enabled to sell and convey the same, for the absolute
purchase, for a consideration in money, of any such lands,
or such parts thereof as they shall think proper, and of all
estates and interests in such lands of what kind soever.

lands by

7. It shall be lawful for all parties, being seised, possessed parties
of, or entitled to any such lands, or any estate or interest disability
therein, to sell and convey, or release the same to the pro-
moters of the undertaking, and to enter into all necessary Convey.
agreements for that purpose; and particularly it shall be
lawful for all or any of the following parties so seised, pos-
sessed, or entitled as aforesaid, so to sell, convey, or release;
that is to say, all corporations, tenants in tail or for life,
married women, seised in their own right, or entitled to
dower, guardians, committees 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,

under

enabled to
re11 and

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10 LANDS CLAUSES

Parties
under
disability to
exercise
other
powers.

Amount
of compen-
sation m
case of
parties
under dis-
ability.

or any less interest; and the power so to sell and convey,
or release as aforesaid, may lawfully be exercised 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 rever-
sion, remainder, or expectancy after them, or in defeasance
of the estate of such parties, and as to such married women,
whether they be of full age or not, as if they were sole and
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
Statute, if they had respectively been under no disability,
and as to such trustees, executors, and administrators, on
behalf of their cestuis que trustent whether infants, issue
unborn, lunatics, fernes covert, or other persons, and that to
the same extent as such cestuis que trustent respectively
could have exercised the same powers under the authority
of this and the special Statute if they had respectively been
under no disability.

8. The power hereinafter given to release lands from any
rent-charge or incumbrance, and to agree for the apportion-
ment of any such rent-charge or incumbrance, shall extend
to and may lawfully be exercised by every party herein-
before enabled to sell and convey or release lands to the pro-
moters of the undertaking.

9. The purchase-money or compensation to be paid for
any lands to be purchased or taken from any party under
any disability or incapacity, and not having power to sell
or convey such lands except under the provisions of this
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LANDS CLAUSES 11

or the special Statute, 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
judgment of the Resident Magistrate, or by the valuation
of a surveyor or other competent person appointed by a
Resident Magistrate under the provisions hereinafter con-
tained, be less than shall be determined by the valuation of
two able practical surveyors or other competent persons,
one of whom shall be nominated by the promoters of the
undertaking, and the other by the other party, and if such
two surveyors or other persons cannot agree in the valua-
tion, then by such third surveyor or other competent person
as the Resident Magistrate shall, upon application of either
party, after notice to the other party for that purpose
nominate, and each of such two surveyors, or other com-
petent persons, if they agree, or if not then the surveyor or
other person nominated by the said Resident Magistrate,
shall annex to the valuation a declaration in writing, sub-
scribed by them or him of the correctness thereof; and all
such purchase-money or compensation, shall be deposited in
the Treasury for the benefit of the parties interested, in
manner hereinafter mentioned.

10. It shall be lawful for any person seised in fee of, or Where
vendor

entitled,

special Statute to sell and convey such lands or any part bemldon
chief-rents. thereof unto the promoters of the undertaking in considera-

tion 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.

entitled to dispose of absolutely for his own benefit, any absolutely
lands authorized to be purchased for the purposes of the lands may

11. The yearly rents reserved by any such conveyance Paymentof
rents to be shall be charged on the tolls or rates, if any, payable under charged on

the special Statute, and shall be otherwise secured in such tob.
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12 LANDS CLAUSES

Power to
purchase
lands
required for
additional
accommoda-
tion.

Authority to
sell and
repurchase
such lands.

Restraint on
purchase
from in-
capacitated
persons.

manner as shall be agreed between the parties, and shall
be paid by the promoters of the undertaking as such rents
became payable; and if at any time 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, or it shall be lawful for him to levy the same by
distress of the goods and chattels of the promoters of the
undertaking.

12. In case the promoters of the undertaking shall be
empowered by the special Statute to purchase lands for
extraordinary purposes, it shall be lawful for all the parties
who, under the provisions hereinbefore contained, would be
enabled to sell and convey lands, to sell and convey the lands
so authorized to be purchased for extraordinary purposes.

13. It shall be lawful for the promoters of the undertaking
to sell the lands which they shall have so acquired for extra-
ordinary purposes, or any part thereof, in such manner, and
for such considerations, and to such persons as the pro-
moters of the undertaking may think fit, and again to pur-
chase other lands for the like purposes, and afterwards sell
the same, and so from time to time; but the total quantity
of land to be held at any one time by the promoters of the
undertaking for the purposes aforesaid, shall not exceed the
prescribed quantity.

14. The promoters of the undertaking shall not, by virtue
of the power to purchase land for extraordinary purposes
purchase more than the prescribed quantity from any party
under legal disability, or who would not be able to sell and
convey such lands except under the powers of this and the
special Statute; and if the promoters of the undertaking
purchase the said quantity of land from any party under

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LANDS CLAUSES 13

such legal disability, and afterwards sell the whole or any
part of the land so purchased, it shall not be lawful for
any party being under legal disability to sell to the pro-
moters of the undertaking any other lands in lieu of the
land so sold or disposed of by them.

15. With respect to the purchase and taking of lands Purchaseof
otherwise than by agreement, where the undertaking is wisethanby
intended to be carried into effect by means of a capital to
be subscribed by the promoters of the undertaking, the whole
of the capital or estimated s u m for defraying the expenses
of the undertaking shall be subscribed under contract bind-
ing the parties thereto their heirs, executors, and adminis-
trators, for the payment of the several sums by them
respectively subscribed before it shall be lawful to put in
force any of the powers of this or the special Statute, or any
enactment incorporated therewith in relation to the com-
pulsory taking of land for the purposes of the undertaking.

land other-

16. A certificate under the hands of the Resident Magis- certificate

been subscribed, shall be sufficient evidence thereof, and on &!pzzd
the application of the promoters of the undertaking and the has been
production of such evidence as such Resident Magistrate
thinks proper and sufficient, such Resident Magistrate shall
grant such certificate accordingly.

of Resident trate certifying that the whole of the prescribed s u m has M agistrate

cubscnbed.

17. The promoters of the undertaking shall make to the Promotersto
make

occupiers
of lands full

owners and occupiers of, and all other parties interested in ownersand
any lands taken or used for the purposes of the undertaking,
or injuriously affected by the undertaking, or by the execu- tompema-
tion of the works, full compensation for the value of the tion'
lands so taken or used, and for all damages sustained by
such owners, occupiers, and other parties by reason of the
exercise, as regards such lands, of the powers by this or the
special Statute, or any enactment incorporated therewith,
vested in the promoters of the undertaking.

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14 LANDS CLAUSES

Notice of
intention to
take lands.

Service of
notice on
owners and
occupiers
of lands.

service of
notice on a
corporation
aggregate.

18. When the promoters of the undertaking shall require
to purchase or take any of the lands which by this or the
special Statute, or any enactment incorporated therewith,
they are authorized to purchase or take, they shall give
notice thereof to all the parties interested in such lands, or
to the parties enabled by this Act to sell and convey, or
release the same, or such of the said parties as shall, after
diligent inquiry, be known to the promoters of the under-
taking, and by such notice shall demand from such parties
the particulars of their estate and interest in such lands, and
of the claims made by them in respect thereof; and every
such notice shall state the particulars of the land so required,
and that the promoters of the undertaking 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.

19. All notices required to be served by the promoters of
the undertaking upon the parties interested in, or entitled
to sell any such lands, shall either be served personally on
such parties, or left at their last usual place of abode, if any
such can, after diligent inquiry, be found; and in case any
such parties shall be absent from Jamaica, or cannot be
found after diligent inquiry, then such notices shall be served
on the duly authorized attorney of such parties; or if such
person has no such attorney, or no such attorney can be
found after diligent inquiry, such notice shall also be left with
the occupier of such lands, or if there be no occupier, shall
be affixed upon some conspicuous part of such lands, and
upon the door of the Resident Magistrate’s Court House
for the parish within which the lands are situated.

20. If any such party be a corporation aggregate, such
notice shall be left at the principal office of business of such
corporation; or if no such office can, after diligent inquiry,
be found, shall be served on some principal member, if any,

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LANDS CLAUSES 15

of such corporation; and such notice shall also be left with
the occupier of such lands, or, if there be no such occupier
shall be affixed upon some conspicuous part of such lands,
and upon the doors of the Resident Magistrate’s Court
House for the parish within which the lands are situated.

21. If for twenty-one days after the service of such notice ~fpart ia
any such party shall fail to state the particulars of his claim orincaseof
in respect of any such land, or to treat with the promoters $zznto
of the undertaking in respect thereof, or if such party, and besettled
the promoters of the undertaking, shall not agree as to the mentioned.
amount of compensation to be paid by the promoters of
the undertaking for the interest in such lands belonging to
such party, or which he is by this or the special Statute
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 herein-
after provided for settling cases of disputed compensation.

fail to treat

aa after

22. If no agreement be come to between the promoters Disputes=
to compenaa- of the undertaking and the owners of, or parties by this tion

Act enabled to sell and convey, or release any lands taken claimed.
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 com-
pensation to be made in respect thereof, the amount of the
compensation to be paid by the promoters shall be settled
by the Resident Magistrate.

23. Before the promoters of the undertaking shall com- ~ ~ d a ~ ’

pensation, they shall give not less than ten days’ notice to ;=ss
the other party of their intention to commence such pro-
ceedings; and in such notice the promoters of the undertaking
shall state what sum of money they are willing to give for

mence proceedings for settling any case of disputed com- notice of

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16 LANDS CLAUSES

Par ty
claiming
compensa-
tion may
commencc

m accord-
ance with
sections
21 and 23.

proceedings

In case of
disputed
compensa-
tion plaint
tobe
entered.

Resident
Magistrate
to asses3
the pur-
ChaSa
money to be
paid.

the interest in such lands sought to be purchased by them
from such party, and for the damage to be sustained by him
by the execution of the works.

24. In cases of disputed compensation, if, after the
expiration of the twenty-one days mentioned in section 21,
the promoters shall not within thirty days commence any
proceedings for settling the amount of compensation to be
paid for the land mentioned in such notice, the party claim-
ing compensation may, if he think fit, instead of waiting
for the promoters to commence proceedings, commence pro-
ceedings himself in the Resident Magistrate’s Court for
settling the amount of the disputed compensation :

Provided, that he first gives to the promoters a notice
similar to that required in section 23.

25. In every case in which any question of disputed com-
pensation shall be required to be determined by the Resident
Magistrate, the promoters of the undertaking, or the party
claiming compensation, shall enter a plaint in the Resident
Magistrate’s Court, and thereupon a summons shall be issued
and served on the other party eight days at least before the
day on which the Court be holden, at which the matter is
to be inquired into.

26. The Resident Magistrate before whom any such pro-
ceeding shall be taken is hereby authorized and required to
assess the s u m of money to be paid as purchase-money, or
by way of compensation; and such Resident Magistrate shall
have in every such proceedings the same power and juris-
diction over such proceeding, and over the parties, witnesses,
and all other persons in all respects, as if such proceeding
were an action in such Resident Magistrate’s Court.

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LANDS CLAUSES 17

27. The judgments pronounced, and orders made by any Judgments
and orden Resident Magistrate in any such proceeding, shall be entered to be

on record in the office of such Resident Magistrate’s Court,
and searches for the same may be made and copies taken
in the same manner and subject to the same conditions, and
on payment of the same fees as is or may be provided for
searches for and copies of other documents in the office
of such Resident Magistrates’ Courts.

28. Until rules are made fixing the Court fees payable ~ e e s , h o w
chargeable. under this Act, the Court fees payable upon proceedings

under this Act shall be the same, as nearly as may be, as
the Court fees payable in actions in such Resident Magis-
trate’s Court. The amount of compensation claimed or
offered, as the case may be, by the party commencing the
proceeding shall be the amount of demand of the plaint:

Provided, that the Court fees under this section shall not
exceed the highest fees payable in the Resident Magistrate’s
court.

29. There shall be an appeal to the Court of Appeal from
the judgment or order of a Resident Magistrate in any such
proceeding on any point of law; and the Court of Appeal
shall also have power to order a new trial of any inquiry
€or the assessment of any sum of money to be paid as
purchase-money or by way of compensation, if the Court
think that the s u m awarded is too high, or too low, or that
for any other reason there ought to be a new trial. The
Court of Appeal may, if it shall think fit, order that the
new trial shall be had before the same Resident Magistrate’s
Court, or before a Judge of the Supreme Court, and may give
all such directions as may be necessary for that purpose,
and the Judge of the Supreme Court shall, in acting under
such order, have all the power and jurisdiction of the
Resident Magistrate, and the orders and judgments of such
Judge shall, for the purposes of the new trial, and of all the

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18 LANDS CLAUSES

p m . clairmng
making
default how
compensa-
tion to be
ascertained.

Sums to be
paid for

for damage.

consequences thereof, and for the issuing of execution and
otherwise, be deemed to be orders and judgments of the
Resident Magistrate's Court :

Provided, that no such judgment or order shall be altered
or reversed, or such new trial granted on any point which
might have been but was not raised at the inquiry before
the Resident Magistrate. No judgment or order shall be
altered or reversed, and no new trial shall be granted, when
the effect of such judgment, or order, or of the former trial
shall be to do substantial justice between the parties. Such
appeal and application for a new trial shall, subject to any
rules made under this Act, and subject to any rules made
by the Supreme Court as to the proceedings in the Court of
Appeal be made in the same form and manner, and shall
be subject to the same conditions, as appeals from the
Resident Magistrate's Court in personal actions.

30. If when the proceedings are commenced by the pro-
moters, the party claiming compensation shall not appear at
the time appointed for the inquiry, such inquiry shall not be
further proceeded with, but the compensation to be paid
shall be such as shall be ascertained by a surveyor or other
person appointed by the Resident Magistrate in manner here-
inafter provided.

31. Where any 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 Resident
Magistrate shall deliver his judgment separately for the s u m
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 con-
tained, 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

m e inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 19

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
Statute or any enactment incorporated therewith.

32. On every such inquiry, where judgment shall be given e s q o f
*qw. for a greater sum than the sum previously offered by the pro-

moters of the undertaking, all the costs of such inquiry shall
be borne by the promoters of the undertaking, but if the
judgment be given for the same or a less s u m than the s u m
previously offered by the promoters of the undertaking or
if the owner of the land shall have failed to appear at the
time and place appointed for the inquiry, having received
due notice thereof, each party shall bear his own costs
incident to such inquiry.

33. The costs of every inquiry shall, in case of difference, partic~lan
of costs. be settled by the Resident Magistrate, on the application of

either party, and such costs shall include all reasonable costs,
charges, and expenses incurred in such proceeding, and in
taking the inquiry, the attendance of witnesses, the employ-
ment of counsel and solicitors, and otherwise incident to
such inquiry. In settling the amount of costs under this
section, the Judge shall not be bound by the scale of fees in
the Resident Magistrates’ Courts, but may, if he thinks fit,
allow larger fees than are allowed by such scale. There may
be an appeal to the Court of Appeal if the Judge thinks fit
to permit one from any decision of a Judge under this
section. Such appeal shall be made in the same way, and
subject to the same conditions, as appeals under section 29.

34. If any such costs shall be payable by the promoters Paymentof
Costs. of the undertaking, and if within seven days after demand

such costs be not paid to the party entitled to receive the
same, they shall be recoverable by distress, and on applica-
tion to any Justice he shall issue his warrant accordingly;

me inclusion of this page is authorized by L.N. 480119731

20 LANDS CLAUSES

Compensa-
tion to
absent
piUtiCS.

Resident
Magistrate
to nominate
a surveyor.

and if any such costs shall be payable by the owner of the
lands, or of any interest therein, the same may be deducted
and retained by the promoters of the undertaking, out of
any money awarded by the Resident Magistrate to such
owner, or determined by the valuation of a surveyor or other
person, under the provision hereinafter contained; and the
payment or deposit of the remainder, if any, of such money
shall be deemed payment and satisfaction of the whole there-
of; or if such costs shall exceed the amount of money so
awarded or determined, the excess shall be recoverable by
distress, and on application to any Justice he shall issue his
warrant accordingly.

35. The purchase-money, or compensation to be paid for
any lands to be purchased or taken by the promoters of the
undertaking from any party who, by reason of absence from
Jamaica, and of not being represented in Jamaica by a duly
authorized attorney, is prevented from treating, or who can-
not, after diligent inquiry, be found, or who shall not appear
at the time appointed for the inquiry as hereinbefore pro-
vided for, after due notice thereof, and the compensation
to be paid for any permanent injury to such lands shall be
such as shall be determined by the valuation of such able
practical surveyor, or other person as the Resident Magis-
trate shall nominate for that purpose, as hereinafter
mentioned.

36. Upon application by the promoters of the under-
taking to the Resident Magistrate, and upon such proof as
shall be satisfactory to him that any such party is, by reason
of absence from Jamaica and of not being represented in
Jamaica by a duly authorized attorney, prevented from treat-
ing, or cannot, after diligent inquiry, be found, or that any
such party failed to appear on such inquiry before the
Resident Magistrate’s Court as aforesaid, after due notice
to him for that purpose, such Resident Magistrate shall, by

[The inclusion of this page is authorized by LN. 480/1973]

LANDS CLAUSES 21

writing under his hand, nominate an able practical surveyor
or other competent person for determining such compensa-
tion as aforesaid, and such surveyor or other person shall
determine the same accordingly, and shall annex to his valua-
tion a declaration in writing subscribed by him, of the
correctness thereof.

37. Before such surveyor or other person shall enter upon Declaration
to be made the duty of making such valuation as aforesaid, he shall, bythe

in the presence of such Resident Magistrate, make and sub- surveyor.
scribe the declaration following at the foot of such nomina-
tion, that is to say-

“I, A.B., do solemnly and sincerely declare, that I will Formof faithfully, impartially, and honestly, according to declarabon.
the best of my skill and ability, execute the duty
of making the valuation hereby referred to me

A.B.”
99 “Made and subscribed in the presence of

And if any such surveyor or other person shall corruptly
make such declaration, or having made such declaration,
shall wilfully act contrary thereto, he shall be guilty of a
misdemeanour.

38. The said nomination and declaration shall be annexed Vduation,
etc., to be to the valuation to be made by such surveyor or other person, produced to

and shall be preserved together therewith by the promoters F!zEds
of the undertaking, and they shall at all times produce the ondemand-
said valuation and other documents, on demand, to the
owner of the lands comprised in such valuation, and to all
other parties interested therein.

39. All the expenses of and incident to every such valua- kymto
pmmoterr.

me by tion shall be borne by the promoters of the undertaking.

[The inclusion of this page is authorized by L.N. 480/1973]

22

Purchase-
money and
compensa-
tion.

When com-
pensation to
absent party
has been
determined.

Question to
be submitted
to the
Resident
Magistrate.

LANDS CLAUSES

40. In estimating the purchase-money or compensation
to be paid by the promoters of the undertaking, in any of
the cases aforesaid, regard shall be had by the Judge,
surveyors, or other persons, 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
Statute, or any enactment incorporated therewith.

41. When the compensation payable in respect of any
lands, or any interest therein, shall have been ascertained
by the valuation of a surveyor, or other person, and
deposited in the Treasury under the provisions herein con-
tained by reason that the owner of or party entitled to con-
vey such lands or such interest therein as aforesaid, could
not be found, or was absent from Jamaica, and not repre-
sented in Jamaica by a duly authorized attorney, if such
owner or party shall be dissatisfied with such valuation, it
shall be lawful for him, before he shall have applied to the
Supreme Court, or to a Judge thereof for payment or
investment of the money so deposited under the provisions
herein contained, by notice in writing to the promoters of
the undertaking, to require the question of such compensa-
tion to be submitted to the judgment of the Resident
Magistrate, in the same manner as in other cases of disputed
compensation hereinbefore authorized or required to be
submitted to the judgment of the Resident Magistrate.

42. The question to be submitted to the Resident Magis-
trate in the case last aforesaid shall be, whether the said sums
so deposited as aforesaid by the promoters of the under-
taking was a sufficient sum, or whether any and what further
sum ought to be paid or deposited by them. The proceed-

me inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 23

ings shall be in the same form, and conducted in the same
way as other cases of disputed compensation. The person
dissatisfied with such valuation shall commence the proceed-
ings and enter the plaint, first giving to the promoters a
notice similar to that required from the promoters by section
23.

43. If the Resident Magistrate shall determine that a Iffurther
further sum ought to be paid or deposited by the promoters promoters

may require, such further s u m within fourteen days after z+t?:;;-
such decision. or in default thereof the same may be enforced
by attachment. or recovered with costs by action of debt.

sum awarded

to pay or
of the undertaking they shall pay or deposit, as the case deposit same

44. If the Resident Magistrate shall determine that the Costsofthe
proceedings. sum so deposited was sufficient, the costs of and incident

to such proceedings shall be in the discretion of the Resident
Magistrate; but if the Resident Magistrate shall determine
that a further sum ought to be paid or deposited by the
promoters of the undertaking all the costs of and incident
to the proceeding shall be borne by the promoters of the
undertaking.

45. If any party shall be entitled to any compensation ampensa-
in respect of any lands, or of any interest therein, which tobesettled
shall have been taken for or injuriously affected by the kL%ent
execution of the works, and for which the promoters of the Magistrate.
undertaking shall not have made satisfaction under the pro-
visions of this or the special Statute, or any enactment
incorporated therewith, such party may have the same
settled by the Resident Magistrate; and it shall be lawful for
him to give notice in writing to the promoters of the under-
taking of his desire to have the same so settled, stating in
such notice the nature of the interest in such lands in respect
of which he claims compensation, and the amount of the

tion claimed

[The inclusion of this page is authorized by L.N. 480/1973]

24 LANDS CLAUSES

A plicaiion

pensauon.
0pEom-

Purchase-
money
payable to
parties under
disability to
be deposited
in the
TEaSUry.

compensation so claimed therein; and unless the promoters
of the undertaking be willing to pay the amount of com-
pensation so claimed, and shall enter into a written agree-
ment for that purpose, such party may, after twenty-one
days after the giving of such notice, commence proceedings
in the Resident Magistrate’s Court for settling the amount of
compensation in the manner hereinbefore provided for
settling cases of disputed Compensation.

46. With respect to the purchase-money or compensation
coming to parties having limited interests, or prevented from
treating, or not making title, the purchase-money or com-
pensation which shall be payable in respect of any lands,
or any interest therein, purchased or taken by the promoters
of the undertaking from any corporation, tenant for life or
in tail, married woman seised in her own right, or entitled
to dower, guardian, committee of lunatic or idiot, trustee,
executor or administrator, or person having a partial or
qualified interest only in such lands, and not entitled to sell
or convey the same except under the provisions of this or
the special Statute, or the compensation to be paid for any
permanent damage to any such lands, shall be paid into the
Treasury, ex parte the promoters of the undertaking (des-
cribing them by their proper name), in the matter of the
special Statute (citing it), pursuant to the method prescribed
by the law and practice for the time being in force for
regulating moneys paid into the Supreme Court; and such
moneys shall remain so deposited until the same be applied
to some or more of the following purposes, that is to say-

(U) in the discharge of any debt or incumbrance
affecting the land in respect of which such money
shall have been paid, or affecting other lands
settled therewith, to the same or the like uses,
trusts, or purposes; or

m e inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 25

(b) in the purchase of other lands to be conveyed,
limited, and settled upon the like uses, trusts, and
purposes, and in the same manner as the lands in
respect of which such money shall have been paid,
stood settled; or

(c) if such money shall be paid in respect of any
buildings taken under the authority of this or the
special Statute, or injured by the proximity of the
works, in removing or replacing such buildings, or
substituting others in their stead, in such manner
as the Supreme Court shall direct; or

(d) in payment to any party becoming absolutely
entitled to such money.

47. Such money may be SO applied as aforesaid, upon Orderfor
an order of the Supreme Court, or of a Judge thereof, made aQdinv,.&
on the application of the party who would have been entitled $!&me”
to the rents and profits of the land in respect of which such
money shall have been deposited; and until the money can
be so applied, it may, upon the like order, be invested in
Government debentures, or in any debentures payment
whereof is guaranteed by Government, or in the Workers
Savings and Loan Bank, or in any other security in which,
according to the then practice of the Court, trust funds may
be ordered to be invested by the Court, or the Court or
Judge may direct that such money shall remain in the
Treasury, and the interest, dividends, and annual proceeds
thereof shall be paid to the party who would for the time
being have been entitled to the rents and profits of the lands.

application

48. All sums of money which may be payable by the pro- ~ l i s u m ~
moters of the undertaking in respect of the taking, using, gg:kn-
or interfering with any lands under a contract or agreement ~ ~ ~ ~ o t
with any person who shall not be entitled to dispose of such
lands, or of the interest therein contracted to be sold by him be paid into

TreaSUry.

[The indusion of this page is authorized by L.N. 480/1973]

26 LANDS CLAUSES

Supreme
courtmay
direct
application
of money in
respect of
leases or
reversions.

absolutely for his own benefit, shall be paid into the Treasury
in manner aforesaid; and it shall not be lawful for any con-
tracting party, not entitled as aforesaid, to retain to his own
use any portion of the sums so agreed or contracted to be
paid for, or in respect of the taking, using, or interfering with
any such lands, or in lieu of bridges, tunnels or other accom-
modation works or for assenting to or not opposing the
passing of the bill authorizing the taking of such lands; but
all such moneys shall be deemed to have been contracted to
be paid for and on account of the several parties interested
in such lands, as well in possession as in remainder, rever-
sion, or expectancy :

Provided always, that it shall be in the discretion of the
Supreme Court, or of a Judge thereof, to allot to any tenant
for life, or for any other partial or qualified estate, for his
own use, a portion of the sum so paid into the Treasury,
as compensation for any injury, inconvenience, or annoy-
ance which he may be considered to sustain, independently
of the actual value of the lands to be taken, and of the
damage occasioned to the lands held therewith, by reason
of the taking of such lands and the execution of the works.

49. Where any purchase-money or compensation paid
into the Treasury under the provisions of this or the special
Statute, shall have been paid in respect of any lease for a life
or lives of years, or for a life or lives and years, or any estate
in lands less than the whole fee simple thereof, or of any
reversion dependent on any such lease or estate, it shall be
lawful for the Supreme Court, or for a Judge thereof, on
the application of any party interested in such money, to
order that the same shall be laid out, invested, accumulated,
and paid in such manner as the said Court or Judge may
consider will give to the parties interested in such money
the same benefit therefrom as they might lawfully have had

[The inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 27

from the lease, estate, or reversion in respect of which such
money shall have been paid, or as near thereto as may be.

50. Upon deposit in the Treasury, in manner hereinbefore Upon
provided, of the purchase-money or compensation agreed ing do
or adjudged to be paid in respect of any lands purchased $$eWpa,s
or taken by the promoters of the undertaking under the pro- to-vey,
visions of this or the special Statute, or any enactment
incorporated therewith, the owner of such lands, including in
such term all parties by this Act enabled to sell or convey
lands, shall, when required so to do by the promoters of the
undertaking, duly convey such lands to the promoters of the
undertaking, or as they shall direct; and in default thereof, or
if he fail to adduce a good title to such lands to their satisfac-
tion, it shall be lawful for the promoters of the undertaking,
if they think fit, to apply to the Resident Magistrate for an
order, which such Resident Magistrate is hereby authorized
to make, containing a description of the lands in respect of
which such default shall be made, and reciting the purchase
or taking thereof by the promoters of the undertaking; and
the names of the parties from whom the same were purchased
or taken, and the deposit made in respect thereof, and
declaring the fact of such default having been made, and
such order shall be stamped with the stamp duty which
would have been payable upon a conveyance to the pro-
moters of the undertaking of the lands described therein;
and upon such order being made all the estate and interest
in such lands of, or capable of being sold and conveyed by
the party between whom and the promoters of the under-
taking such agreement shall have been come to, or as between
whom and the promoters of the undertaking such purchase-
money or compensation shall have been determined by the
Resident Magistrate or by a surveyor or other person
appointed by the Resident Magistrate as herein provided,
and shall have been deposited as aforesaid, shall vest
absolutely in the promoters of the undertaking, and as

deposit be-

m e inclusion of this page is authorized by L.N. 480/1973]

28 LANDS CLAUSES

against such parties and all parties on behalf of whom they
are hereinbefore enabled to sell and convey, the promoters
of the undertaking shall be entitled to immediate possession
of such lands.

where 51. If the owner of any such lands, purchased or taken
PartiU
refuse to by the promoters of the undertaking, or of any interest there-
not c nveyordo show in, on tender of the purchase-money or compensation either
titleorcan- agreed or adjudged to be paid in respect thereof, refuse to

accept the same, or neglect or fail to make out a title to such
lands, or to the interest therein claimed by him, to the satis-
faction of the promoters of the undertaking, or if he refuse
to convey or release such lands as directed by the promoters
of the undertaking, or if any such owner be absent from
Jamaica, and not represented by a duly authorized attorney
in Jamaica, or cannot, after diligent inquiry be found, or fail
to appear on the inquiry before the Resident Magistrate,
as herein provided for, it shall be lawful for the promoters
of the undertaking to deposit the purchase-money or com-
pensation payable in respect of such lands, or any interest
therein in the Treasury, to be placed, except in the cases
herein otherwise provided for, to the credit of the parties
interested in such lands (describing them so far as the pro-
moters of the undertaking can do), subject to the control
and disposition of the Supreme Court.

not be found.

Upon de- 52. Upon any such deposit of money as last aforesaid
being made, the proper officer of the Treasnry shall give

rewlpttobe to the promoters of the undertaking, or to the party paying
the land to in such money by their direction, a receipt for such money,

specifying therein for what and for whose use (described
as aforesaid) the same shall have been received, and in
respect of what purchase the same shall have been paid in;
and it shall be lawful for the promoters of the undertaking,
if they think fit, to apply to the Resident Magistrate for an

posit being

given, and

vest.

me inclusion of this page is authorized by LN. 489/1973]

LANDS CLAUSES 29

order, which such Resident Magistrate is hereby authorized
to make, containing a description of the lands in respect
whereof such deposit shall have been made, and declaring
the circumstances under which, and the names of the parties
to whose credit such deposit shall have been made; and such
order shall be stamped with the stamp duty which would
have been payable upon a conveyance to the promoters of the
undertaking of the lands described therein; and upon such
order being made all the estate and interest in such lands
of the parties for whose use, and in respect whereof such
purchase-money or compensation shall have been deposited,
shall vest absolutely in the promoters of the undertaking,
and as against such parties they shall be entitled to
immediate possession of such lands.

53. Upon the application of any party making claim to A plication
the money so deposited as last aforesaid, or any part thereof, so oPmaney depositd.
or to the lands in respect whereof the same shall have been
so deposited, or any part of such lands, or any interest in the
same, the Supreme Court or a Judge thereof may, in a sum-
mary way, as to such Court or Judge shall seem fit, order
such money to be laid out or invested in Government
debentures, or in any debentures payment whereof is
guaranteed by Government, or in the Workers Savings and
Loan Bank, or in any other security in which, according to
the then practice of the Court, trust funds may be ordered to
be invested by the Court, or to remain in the Treasury, or
may order distribution thereof, or payment of the dividends
thereof, according to the respective estates, titles or interest
of the parties making claim to such money or lands, or any
part thereof, or may make such other order in the premises
as to such Court or Judge shall seem fit.

54. If any question arise respecting the title to the lands partyin
in respect whereof such moneys shall have been so paid e deemed
or deposited as aforesaid, the parties respectively in pos- t h e o ~ ~ .

ssession to

[The inclusion of this page is authorized by L.N. 480/1973]

30 LANDS CLAUSES

session of such 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 lawfully entitled to such lands, until
the contrary be shown to the satisfaction of the Supreme
Court; and unless the contrary be shown as aforesaid, the
parties so in possession, and all parties claiming under them,
or consistently with their possession, shall be deemed entitled

. to the money so deposited, and to the dividends or interest
arising from the investment thereof, and the same shall be
paid and applied accordingly.

c o s t s in

money
55. In all cases of moneys deposited in the Treasury under

the provisions of this or the special Statute, or an enactment
incorporated therewith, except where such moneys shall
have been so deposited by reason of the wilful refusal of any
party entitled thereto to receive the same, or to convey or
release the lands in respect whereof the same shall be pay-
able, or by reason of the wilful neglect of any party to make
out a good title to the land required, it shall be lawful for the
Supreme Court, or the Judge thereof, to order the costs of
the following matters, including therein all reasonable
charges and expenses incident thereto, to be paid by the
promoters of the undertaking, that is to say, the costs of the
purchase or taking of the lands, or the costs which shall have
been incurred in consequence thereof, other than such costs
as are herein otherwise provided for, and the costs of the
investment of such moneys, and of the re-investment thereof
in the purchase of other lands, and also the costs of obtain-
ing the proper orders for any of the purposes aforesaid, and
of the orders for the payment of the dividends and interest
of the securities upon which such moneys shall be invested,
and for the payment out of Court of the principal of such
moneys, or of the securities wherein the same shall be
invested, and of all proceedings relating thereto, except such
as are occasioned by litigation between adverse claimants:

case8 of

deposited.

me inclusion of this page is authorized by L.N. 480/1973]

I

LANDS CLAUSES 31

Provided always, that the costs of one application only
for reinvestment in land shall be allowed, unless it shall
appear to the Supreme Court or to a Judge thereof, that it is
for the benefit of the parties interested in the said moneys
that the same should be invested in the purchase of lands,
in different sums and at different times, in which case it shall
be lawful for the Court or Judge if it or he think fit, to order
the costs of any such investments to be paid by the pro-
moters of the undertaking.

56. Conveyances of lands to be purchased under the pro- Conveyance.
visions of this or the special Statute, or any enactment
incorporated therewith, may be according to the Forms in
the Schedules A and By or as near thereto as the circum- schedules

which the promoters of the undertaking may think fit; and
all conveyances made according to the Forms in the said
Schedules, or as near thereto as the circumstances of the
case will admit, shall be effectual to vest the lands thereby
conveyed in the promoters of the undertaking, and shall
operate to merge all terms of years attendant by express
declaration, or by construction of law, on the estate or
interest so thereby conveyed, and to bar and to destroy all
such estates tail, and all other estates, rights, titles, re-
mainders, reversions, limitations, trusts, and interests what-
soever of and in the lands comprised in such conveyances,
which shall have been purchased or compensated for by
the consideration therein mentioned; but although terms
of years be thereby merged, they shall in equity afford
the same protection as if they had been kept on foot, and
assigned to a trustee for the promoters of the undertaking
to attend the reversion and inheritance.

stances of the case will admit, or by deed in any other form A and B.

57. The costs of all such conveyances shall be borne by ~ostsofcon-
nyances. the promoters of the undertakhg; and such costs shall

include all charges and expenses incurred on the part as
[The inclusion of this page is authorized by L.N. 480119731

32 LANDS CLAUSES

well of the seller as of the purchaser, of all conveyances
and assurances of any such lands, and of any outstanding
terms or interests therein, and of deducing, evidencing, and
verifying the title to such lands, terms, or interests, and
of making out and furnishing such abstracts and attested
copies as the promoters of the undertaking may require,
and all other reasonable expenses incident to the investiga-
tion, deduction, and verification of such title.

Taxationof

veyances.

58. If the promoters of the undertaking, and the party
entitled to any such costs shall not agree as to the amount
thereof, such costs shall be taxed by the Registrar of the
Supreme Court, upon an order of the Supreme Court upon
petition in a summary way, or by application at Chambers
by either of the parties; and the promoters of the under-
taking shall pay what the said Registrar shall decide to be
due in respect of such costs to the party entitled thereto,
or in default thereof the Same may be recovered in the same
way as any other costs payable under an order of the said
Court, or the same may be recovered by distress in the man-
ner hereinbefore provided in other cases of costs; and the
expense of taxing such costs shall be borne by the promoters
of the undertaking, unless upon such taxation one-sixtb
part of the amount of such costs shall be disallowed, in which
case the costs of such taxation shall be borne by the party
whose costs shall be so taxed, and the amount thereof shall
be ascertained by the said Registrar, and deducted by him
accordingly in his certificate of such taxation.

costs of con-

Paymentof 59. The promoters of the undertaking shall not, except
price to be
m d e p r s by consent of the owners and occupiers, enter upon any
vious entry, to except lands which shall be required to be purchased or permanent-
to s-ey, ly used for the purposes, and under the powers of this or the

special Statute, or any enactment incorporated therewith,
until they shall either have paid to every p r ty having any
interest in such lands, or deposited in the Treasury, in the

etc.

m e inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 33

manner herein mentioned the purchase-money or com-
pensation agreed or awarded to be paid to such parties
respectively for their respective interests therein :

Provided always, that for the purpose merely of surveying
or taking levels of such lands, and of probing or boring to
ascertain the nature of the soil, or of setting out the line of
the works, it shall be lawful for the promoters of the under-
taking, after giving not less than three nor more than
fourteen days’ notice to the owners or occupiers thereof, to
enter upon such lands without previous consent, making
compensation for any damage thereby occasioned to the
owners or occupiers thereof.

paid by them in respect of such l i d s , it shah be lawful for
the promoters of the undertaking to deposit in the Treasury,
by way of security, as hereinafter mentioned, either the
amount of 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 a sum as
shall, by a surveyor or other person appointed by the
Resident Magistrate in the manner hereinbefore provided
in the case of parties who cannot be found, be determined
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
also to give to such party a bond, under the common seal
of the promoters if they be a corporation, or if they be not
a corporation, under the hands and seals of the said pro-
moters, or any two of them, with two sacient sureties, to
be approved of by the Resident Magistrate in case the parties
differ, in a penal s u m equal to the sum so to be deposited,
conditioned for payment to such party, or for deposit in the

[The inclusion of this page is authorized by L.N. 480119731

60. If the promoters of the undertaking shall be desirous Promotefa
of entering upon and using any such lands before an agree- to enter on ment shall have been come to, or valuation made, or judg- purcpaseon lands before

to be allowed

ment given for the purchase-money or compensation to be mby
b y of

ig302d I

34 LANDS CLAUSES

Treasury for the benefit of the parties interested in such
lands, as the case may require, under the provisions herein
contained, of all such purchase-money or compensation as
may in manner hereinbefore provided be determined to be
payable by the promoters of the undertaking in respect of the
lands so entered upon, together with interest thereon, at the
rate of six per centurn per annum, from the time of entering
on such lands until such purchase-money or compensation
shall be paid to such party or deposited in the Treasury for
the benefit of the parties interested in such lands, under the
provisions herein contained; and, upon such deposit by way
of security being made as aforesaid, and such bond being
delivered or tendered to such non-consenting party as afore-
said, it shall be lawful for the promoters of the undertaking
to eater upon and use such lands, without having first paid
or deposited the purchase-money or compensation in other
cases required to be paid or deposited by them before enter-
ing upon any lands to be taken by them under the provisions
of this or the special Statute:

Provided, however, that the interest payable under this
section shall be at the rate of four per centurn per annum
in all cases in which interest is payable out of public or
parochial funds or money.

Upon 61. The money so to be deposited as last aforesaid shall
beingmade be paid into the Treasury to the credit of the parties
officer of the interested in or entitled to sell and convey the lands so to
Treasury to be entered upon, and who shall not have consented to such

entry, subject to the control and disposition of the Supreme
Court; and upon such deposit being made, the proper officer
of the Treasury shall give to the promoters of the under-
taking, or to the party paying in such money. by their
direction, a receipt for such money, specifying therein for
what purpose and to whose credit the same shall have been
paid in.

deposit

the proper

give receipt.

[The inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 35

62. The money so deposited as last aforesaid shall remain Depqsit to
in the Treasury, by way of security, to the parties whose security,and
lands shall so have been entered upon for the performance under
of the condition of the bond to be given by the promoters of zggf
the undertaking, as hereinbefore mentioned; and the same
may, on application of the promoters of the undertaking to
the Supreme Court, by petition or at Chambers, be ordered
to be invested in Government debentures, or in any
debentures payment whereof is guaranteed by Government,
or in the Workers Savings and Loan Bank, or in any other
security in which according to the then practice of the Court,
trust funds may be ordered to be invested by the Court, and
may be accumulated in such investment, or may be ordered
to remain in the Treasury; and upon the condition of such
bond being fully performed, it shall be lawful for the Court
or Judge upon a like application, to order the money so
deposited or invested, and if invested the produce thereof
also, to be repaid or transferred to the promoters of the
undertaking, or, if such condition shall not be fully per-
formed, it shall be lawful for the said Court or Judge, upon
a like application, to order the same to be applied in such
manner as it or he shall think fit, for the benefit of the parties
for whose security the same shall so have been deposited.

remain as a

to be applied

63. If the promoters of the undertaking, or any of their ~ena~tyon
contractors shall, except as aforesaid, wilfully enter upon, Dotenof
and take possession of, any lands which shall be required ciigder-
to be purchased or permanently used for the purposes of
the special Statute, without such consent as aforesaid, or withoutcon-
without having made such payment for the benefit of the ymentof

security as aforesaid, the promoters of the undertaking shall money.
forfeit to the party in possession of such lands the sum of
twenty dollars, over and above the amount of any damage
done to such lands by reason of such entry and taking
possession as aforesaid, such penalty and damage respect-

the pro-

parties interested in the lands, or such deposit by way of Et

[The inclusion of this page is authorized by L.N. 480/1973]

36 LANDS CLAUSES

Decision of
Justices not
conclusive as
to the right
of the
promotuu

ively to be recovered summarily and if the promoters of the
undertaking or their contractors shall, after conviction in
such penalty as aforesaid, continue in unlawful possession
of any such lands, the promoters of the undertaking shall be
liable to forfeit the sum of fifty dollars for every day they or
their contractors shall so remain in possession as aforesaid,
such penalty to be recoverable by action by the party in
possession of such lands, with costs:

Provided always, that nothing herein contained shall be
held to subject the promoters of the undertaking to the pay-
ment of any such penalties as aforesaid, if they shall born
fide, and without collusion, have paid the compensation
agreed or awarded to be paid in respect of the said lands
to any person whom the promoters of the undertaking may
have reasonably believed to be entitled thereto, or shall have
deposited the same in the Treasury for the benefit of the
parties interested in the lands, or made such deposit by way
of security in respect thereof as hereinbefore mentioned,
although such person may not have been legally entitled
thereto.

64. On the trial of any action for any such penalty as
aforesaid the decision of the Justices, under the provision
hereinbefore contained, shall not be held conclusive as to
the right af entry an any such lands bc the promatersofthe
undertaking.

65. If inf any case in which, according to the provisions
af this or the special Statute, or my enactment incoprated
therewith, the promoters of the undertaking are authorhl
to enter upon and take possession, of any lands required for
the purposes of the under-takhg, the omer or occupier of
any such lande, or any other person refuse- bo give up the
possession there& or hinder the prom~ters of1 tfie under-
taking from entering upon or taking poseemion of. the same,
it shall belawful for the pmoters of tile un&rtdchg to

me idusion of. thk is authmizad by L.N. 480./19;n]’

LANDS CLAiYh'ES 37

apply to the Resident Magistrate to deliver possession of
the same to the person appointed by them to receive the
same; and upon such application the Resident Magistrate
shall deliver possession of any such lands accordingly, in
the same way as nearly as may be as such Resident Magis-
trate would deliver possession of land upon a judgment for
recovery of possession of land in his Court; and the costs
accruing by reason of such application and delivery of
possession to be settled by the Resident Magistrate shall
be paid by the person refusing to give possession, and the
amount of such costs shall be deducted and retained by the
promoten of the undertaking from the compensation, if
any, then payable by them to such party, or if no such com-
pensation be payable to such party, or if the same be
less than the amount of such costs, then such costs, or the
excess thereof beyond such compensation, if not paid on
demand, may be levied by distress, and upon application to
any Justice for that purpose he s h d issue his wammt accord-
ingly.

66. No party shall at any time be required to sell or con- partisnot
vey to the promoters of the undertaking a part only of any to to
house or other building or manufactory, if such party be z:zof
willing and able to sell and convey the whole thereof.

67. With respect to small portions of intersected land, Intersected
if any lands not being situated in a town or built upon shall
be so cut through and divided by the works as to leave either
on both sides or on one side thereof a less quantity of land
than half a statute acre, and if the owner of such small

purchase the same along with the other land required for
the purposes of the special Statute, the promoters of the
undertaking shall purchase the same aocordingl), unless the
owner thereof have other land adjoining to that so left inb
which the same can be thrown, so' as to be conveniently
occupied therewith, and if such mer have my other land

lands.

parcel of land require the promotms of the undertakur g to

lThe inciusion of this paee is authorizd by L.N. 480/1973l

38 LANDS CLAUSES

Promoters
of the
undertaking
may insist
on purchase
where
expense of
bridges, etc.,
exceeds the
value.

Lands sub-
ject to
mortgage.

so adjoining, the promoters of the undertaking shall, if so
required by the owner at their own expense throw the piece
of land so left into such adjoining land, by removing the
fences and levelling the sites thereof, and by soiling the same
in a sufficient and workmanlike manner.

68. If any such land shall be so cut through and divided
as to leave on either side of the works a piece of land of
less extent than half a statute acre, or of less value than
the expense of making a bridge, culvert, or such other com-
munication between the land so divided as the promoters
of the undertaking are, under the provisions of this or the
special Statute, or any enactment incorporated therewith,
compellable to make, and if the owner of such lands have
no other lands adjoining such piece of land, and require the
promoters of the undertaking to make such communication,
then the promoters of the undertaking may require such
owner to sell to them such piece of land, and any dispute
as to the value of such piece of land, or as to what would
be the expense of making such communication, shall be
ascertained as herein provided for cases of disputed com-
pensation: and on the occasion of ascertaining the value of
the land required to be taken for the purposes of the works,
the Resident Magistrate or Judge shall, if required by either
party, determine by his judgment the value of any such
severed piece of land, and also what would be the expense
of making such communication.

69. With respect to lands subject to mortgage, it shall
be lawful for the promoters of the undertaking to purchase
or redeem the interest of the mortgagee of any such lands
which may be required for the purposes of the special Stat-
ute, and that whether they shall have previously purchased
the equity of redemption of such lands or not, and whether
the mortgagee thereof be entitled thereto in his own right, or
in trust for any other party, and whether he be in possession

~~

[The inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 39

of such lands by virtue of such mortgage or not, and whether
such mortgage affect such lands solely or jointly with any
other lands not required for the purposes of the special
Statute; and in order thereto the promoters of the under-
taking may pay or tender to such mortgagee the principal
and interest due on such mortgage, together with his costs
and charges, if any, and also six months’ additional interest;
and thereupon such mortgagee shall immediately convey his
interest in the lands comprised in such mortgage to the
promoters of the undertaking, or as they shall direct; or the
promoters of the undertaking may give notice in writing to
such mortgagee that they will pay off the principal and
interest due on such mortgage at the end of the six months,
computed from the day of giving such notice; and if they
shall have given any such notice, or if the party entitled to
the equity of redemption of any such lands shall have given
six months’ notice of his intention to redeem the same, then
at the expiration of either of such notices, or at any inter-
mediate period, upon payment or tender by the promoters
of the undertaking to the mortgagee of the principal money
due on such mortgage, and the interest which would become
due at the end of six months from the time of giving either
of such notices, together with his costs and expenses, if any,
such mortgagee shall convey or release his interest in the
lands comprised in such mortgage to the promoters of the
undertaking, or as they shall direct.

70. If, in either of the cases aforesaid, upon such pay- Depositof

his interest in such mortgage, as directed by the promoters re ; im
of the undertaking, or if he fail to adduce a good title there-
to to their satisfaction, then it shall be lawful for the pro-
moters of the undertaking to deposit in the Treasury, in
the manner provided by this Act in like cases, the principal
and interest, together with the costs, if any, due on such
mortgage, and also if such payment be made before the

mortgage ment or tender any mortgagee shall fail to convey or release money on

[The inclusion of this page is authorized by L.N. 480/1973]

40 LANDS CLHUSES

Sum to be
paid when
mortgage
exceeds the
value of the
lands.

Deposit of
money when
refused on
tender.

expiration of six months’ notice as aforesaid, such further
interest as would at that time become due; and it shall be
lawful for them, if they think fit, to apply to the Resident
Magistrate for an order, which such Resident Magistrate
is hereby authorized to make, duly stamped, in the manner
hereinbefore provided in the case of the purchase of lands
by them, and upon such order being made, as well as upon
such conveyance by the mortgagee, if any such be made, all
the estate and interest of such mortgagee, anifof all persons
in trust for him, or for whom he may be a trustee in such
lands, shall vest in the promoters af the undertaking, and
they shall be entitled to immediate possession thereof in
case such mortgagee were himselflentitled to swh possession.

71. If any such mortgaged lands shall be of less d u e
than the principal, interest, and costs secured thereon, the
value of such lands, or the aompensation to be d e by the
promoters of the undertaking in respect thereof, shall be
settled by agrwment between the mortgagee [of such lands
and the party entitled to the equity of redemption thereof,
on the m e part, and the promoters of the undertaking on
the other part; and if the parties aforesaid fail to agree
respecting the amount of such vdue or compensation, the
same shall be determined as in other cases of disputed com-
pensation; and the amount of such value or Cornpensatinn
being so agreed upon or determined, shall be paid by the
promoters of the undertaking to the mortgagee in satisfac-
tion of his mortgage debt, so far as the same will extend;
and upon payment or tender thereof the imodgagee shall
convey or release all his interest in such *mortgaged lands
to the promoters of the undertaking, or as they shall direct.

72. If, upon payment or tender as aforesaid being -made
any such mortgagee fails so to convey his inkrest in such
,mortgage, or to adduce a good wle thereto to the satidac-
tion of the promoters of the undemking, it shall .be lawful

m e inclusion of this page is authorized by L.N. 480/1973]

-.

LANDS CLAUSES 41

for them to deposit the amount of such value or compensa-
tion in the Treasury in the manner provided by this Act
in like cases; and every such payment or deposit shall be
accepted by the mortgagee in satisfaction of his mortgage
debt, so far as the same will extend, and shall be a full dis-
charge of such mortgaged lands from all money due thereon;
and it shall be lawful for the promoters of the undertaking,
if they think fit, to apply to the Resident Magistrate for an
order, which such Resident Magistrate is hereby authorized
to make, duly stamped, in the manner hereinbefore provided
in the case of the purchase of lands by them; and upon such
order being made, such lands, as to all such estate and
interest as were then vested in the mortgagee, or any person
in trust for him, shall become absolutely vested in the pro-
moters of the undertaking, and they shall be entitled to im-
mediate possession thereof in case such mortgagee were
himself entitled to such possession; nevertheless all rights
and remedies possessed by the mortgagee against the mort-
gagor, by virtue of any bond or covenant, or other obligation
other than the right to such lands, shall remain in force in
respect of so much of the mortgage debt as shall not have
been satisfied by such payment or deposit.

73. If a part only of any such mortgaged lands be sumtobe
required for the purposes of the special Statute, and if the gartonlyof
part so required be of less value than the principal money, g2%$!m
interest, and costs secured on such lands, and the mortgagee
shall not consider the remaining part of such lands a suffi-
cient security for the money charged thereon, or be not
willing to release the part so required, then the value of such
part, and also the compensation (if any) to be paid in respect
of the severance thereof, or otherwise, shall be settled by
agreement between the mortgagee and the party entitled to
the equity of redemption of such land on the one part, and
the promoters of the undertaking on the other; and if the
parties aforesaid fail to agree respecting the amount of such

paid where

inclusion of this page is authorized by L.N. 480119731

42 LANDS CLAUSES

value or compensation, the same shall be determined as in
other cases of disputed compensation; and the amount of
such value or compensation, being so agreed upon or
determined, shall be paid by the promoters of the under-
taking to such mortgagee in satisfaction of his mortgage
debt, so far as the same will extend; and thereupon such
mortgagee shall convey or release to them, or as they shall
direct, all his interest in such mortgaged lands, the value
whereof shall have been so paid; and a memorandum of
what shall have been so paid shall be endorsed on the deed
creating such mortgage, and shall be signed by the mort-
gagee; and a copy of such memorandum shall at the same
time (if required) be furnished by the promoters of the under-
taking at their expense to the party entitled to the equity
of redemption of the lands comprised in such mortgage deed.

Depositof

refused on
tender.

74. If, upon payment or tender to any such mortgagee
of the amount of the value or compensation so agreed upon
be determined, such mortgagee shall fail to convey or release
to the promoters of the undertaking, or as they shall direct,
his interest in the lands in respect of which such compen-
sation shall so have been paid or tendered, or if he shall
fail to adduce a good title thereto to the satisfaction of the
promoters of the undertaking, it shall be lawful for the pro-
moters of the undertaking to pay the amount of such value
or compensation into the Treasury, in the manner provided
by this Act in the case of moneys required to be deposited
in the Treasury, and such payment or deposit shall be
accepted by such mortgagee in satisfaction of his mortgage
debt, so far as the same will extend, and shall be a full dis-
charge of the portion of the mortgaged lands so required
from all money due thereon; and it shall be lawful for the
promoters of the undertaking if they think fit, to apply to
the Resident Magistrate for an order, which such Resident
Magistrate is hereby authorized to make, duly stamped, in
the manner hereinbefore provided in the case of the purchase

money when

[The inclusion of this page is authorized by L.N. 480/1973]

IAANDS CLAUSES 43

of lands by them; and upon such order being made such
lands shall become absolutely vested in the promoters of
the undertaking, as to all such estate and interest as were
then vested in the mortgagee, or any person in trust for him;
and in case such mortgagee were himself entitled to such
possession, they shall be entitled to immediate possession
thereof; nevertheless every such mortgagee shall have the
same powers and remedies for recovering or compelling
payment of the mortgage money, or the residue thereof, as
the case may be, and the interest thereof respectively upon
and out of the residue of such mortgaged lands, or the
portion thereof not required for the purposes of the special
Statute, as he would otherwise have had or been entitled to
for recovering or compelling payment thereof, upon or out
of the whole of the lands originally comprised in such
mortgage.

75. In any of the cases hereinbefore provided with respect Compensa-
to lands subject to mortgage, if in the mortgage deed a time madeiner-

thereby secured, and under the provisions hereinbefore con- paid off.
tained the mortgagee shall have been required to accept
payment of his mortgage money, or of part thereof, at a
time earlier than the time so limited, the promoters of the
undertaking shall pay to such mortgagee, in addition to the
sum which shall have been so paid off, all such costs and
expenses as shall be incurred by such mortgagee in respect
of, or which shall be incidental to the reinvestment of the
sum so paid off, such costs in case of difference to be taxed
and payment thereof enforced in the manner herein pro-
vided with respect to the costs of conveyances; and if the
rate of interest secured by such mortgage be higher than
at the time of the same being so paid off can reasonably be
expected to be obtained on reinvesting the same, regard
being had to the then current rate of interest, such mortgagee
mall be entitled to receive from the promoters of the under-

tion to be

tain cases if
shall have been limited for payment of the principal money mortgage

[The inclusion of this page is authorized by L.N. 480/1973]

44 LANDS CLAUSES

taking, in addition to the principal and interest hereinbefore
provided for, compensation in respect of the loss to be sus-
tained by him, by reason of his mortgage money being so
prematurely paid off, the amount of such compensation to
be ascertained, in case of difference as in other cases of dis-
puted compensation; and until payment or tender of such
compensation as aforesaid, the promoters of the undertaking
shall not be entitled, as against such mortgagee, to possession
of the mortgaged lands under the provision hereinbefore
contained.

Rent-

Releaseof

charges. lands from

76. With respect to lands charged with any rent-service,
rent-charge, or chief or other rent, or other payment or
incumbrance not hereinbefore provided for, if any difference
shall arise between the promoters of the undertaking and
the party entitled to any such charge upon any lands
required to be taken for the purposes of the special Statute
respecting the consideration to be paid for the release of
such lands therefrom, or from the portion thereof affecting
the lands required for the purposes of the special Statute,
the same shall be determined as in other cases of disputed
compensation.

charges.

~ e l w e o f

E $ o m
77. If part only of the lands charged with any such rent-

service, rent-charge, chief or other rent, payment, or incum-
brance, be required to be taken for the purposes of the
special Statute, the apportionment of any such charge may
be settled by agreement between the party entitled to such
charge and the owner of the lands on the one part, and the
promoters of the undertaking on the other part, and if such
apportionment be not so settled by agreement the same shall
be settled by the Resident Magistrate; but if the remaining
part of the lands so jointly subject be a sufficient Security
for such charge, then, with consent of the owner of the lands
so jointly subject, it shall be lawful for the party entitled
to such charge to release therefrom the lands required on

charge.

m e inclusion of this page is authorized by L.N. 480119731

LANDS CLAUSES 45

condition or in consideration of such other lands remaining
exclusively subject to the whole thereof.

78. Upon payment or tender of the compensation so Depositin
agreed upon or determined to the party entitled to any such refusal to
charge as aforesaid, such party shall execute to the pro-
moters of the undertaking a release of such charge; and
if he fail so to do, or if he fail to adduce a good title to such
charge, to the satisfaction of the promoters of the under-
taking, it shall be lawful for them to deposit the amount
of such compensation in the Treasury in the manner here-
inbefore provided in like cases, and also if they think fit,
to apply to the Resident Magistrate for an order, which such
Resident Magistrate is hereby authorized to make, duly
stamped, in the manner hereinbefore provided in the case
of the purchase of lands by them; and upon such order being
made, the rent-service, rent-charge, chief or other rent, pay-
ment, or incumbrance, or the portion thereof in respect
whereof such compensation shall so have been paid, shall
cease and be extinguished.

case of

release.

79. If any such lands be so released from any such charge chargeto
or incumbrance, or portion thereof, to which they were landsnot
subject jointly with other lands, such last-mentioned lands taken.
shall alone be charged with the whole of such charge or
with the remainder thereof, as the case may be, and the party
entitled to the charge shall have all the same rights and
remedies over such last-mentioned lands, for the whole or
for the remainder of the charge, as the case may be, as he
had previously over the whole of the lands subject to such
charge; and if upon any such charge or portion of charge
being so released, the deed or instrument creating or trans-
ferring such charge be tendered to the promoters of the
undertaking for the purpose, they or two of them shall sub-
scribe, or if they be a corporation shall affix their common
seal to a memorandum of such release endorsed on such

continue on

[The inclusion of this page is authorized by L.N. 480/1973]

46 LANDS CLAUSES

deed or instrument, declaring what part of the lands
originally subject to such charge shall have been purchased
by virtue of the special Statute, and if the lands be released
from part of such charge, what proportion of such charge
shall have been released and how much thereof continues
payable, or if the lands so required shall have been released
from the whole of such charge, then that the remaining lands
are thenceforward to remain exclusively charged therewith;
and such memorandum shall be made and executed at the
expense of the promoters of the undertaking, and shall be
evidence in all Courts and elsewhere of the facts therein
stated, but not so as to exclude any other evidence of the
same facts.

merepart 80. With respect to lands subject to leases, if any lands
under lease shall be comprised in a lease for a term of years unexpired,
rent to the b part only of which lands shall be required for the purposes
apportioned. of the special Statute, the rent payable in respect of the lands

comprised in such lease shall be apportioned between the
lands so required and the residue of such lands; and such
apportionment may be settled by agreement between the
lessor and lessee of such lands on the one part, and the pro-
moters of the undertaking on the other part, and if such
apportionment be not so settled by agreement between the
parties such apportionment shall be settled by the Resident
Magistrate; and after such apportionment the lessee of such
lands shall, as to all future accruing rent, be liable only to
so much of the rent as shall be so apportioned in respect of
the lands not required for the purposes of the special Statute;
and as to the lands not so required, and as against the lessee,
the lessor shall have all the same rights and remedies for
the recovery of such portion of rent as previously to such
apportionment he had for the recovery of the whole rent
reserved by such lease; and all the covenants, conditions
and agreements of such lease, except as to the amount of
rent to be paid, shall remain in force with regard to that

only of land

[The inclusion of this paae is authorized by L.N. 480/1973]

LANDS CLAUSES 41

part of the land which shall not be required for the purposes
of the special Statute, in the same manner as they would
have done in case such part only of the land had been
included in the lease.

81. Every such lessee as last aforesaid shall be entitled Tenantsto
be compen- to receive from the promoters of the undertaking compensa-

tion for the 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.

82. If any such lands shall be in the possession of any compensa-
tion to be person having no greater interest therein than as tenant for made to

a year, or from year to year, and if such person be required szz;t
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, 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 afEecting the same; and the amount
of such compensation shall be determined by the Resident
Magistrate, in case the parties differ about the same; and
upon payment or tender of the amount of such compensation
all such persons shall respectively deliver up to the promoters
of the undertaking, or to the person appointed by them to
take possession thereof, any such lands in their possession
required for the purposes of the special Statute.

83. If any party having a greater interest than as tenant mere
at will, claim compensation in respect of any unexpired term
or interest, under any lease or grant of any such lands, the
promoters of the undertaking may require such party to gear,L=
produce the lease or grant in respect of which such claim produced.

alaimcd than
Brom earto

tobe

[The inclusion of this page is authorized by L.N. 480/1973]

48 LANDS CLAUSES

shall be made, or the best evidence thereof in his power;
and if, after demand made in writing by the promoters of
the undertaking, such lease or grant, or such best evidence
thereof be not produced within twenty-one days, the party
so claiming compensation shall be considered as a tenant
holding only from year to year, and be entitled to compensa-
tion accordingly.

Limit of 84. The powers of the promoters of the undertaking for
compulsory time for the compulsory purchase or taking of lands for the purposes
p ~ c h = + e . of the special Statute, shall not be exercised after the expira-

tion of the prescribed period, and if no period be prescribed,
not after the expiration of three years from the passing of
the special Statute.

Interests
omitted to be
purchased.

85. With respect to interests in lands which have by mis-
take been omitted to be purchased, if at any t h e after the
promoters of the undertaking shall have entered upon any
lands which, under the provisions of this or the special
Statute, or any enactment incorporated therewith, they were
authorized to purchase, and which shall be permanently
required for the purposes of the special Statute, any party
shall appear to be entitled to any estate, right, or interest in,
or charge affecting such lands which the promoters of the
undertaking shall through mistake or inadvertence have
failed or omitted duly to purchase or to pay compensation
for, then, whether the period allowed for the purchase of
lands shall have expired or not, the promoters of the under-
taking shall remain in the undisturbed possession of such
lands :

Provided, within six months after notice of such estate,
right, interest, or charge, in case the same s h d not be
disputed by the promoters of the undertaking, or in case
the same shall be disputed, then, within six months after the
right thereto shall have been finally established by law in

[The inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 49

favour of the party claiming the same, the promoters of the
undertaking shall purchase or pay compensation for the
same, and shall also pay to such party, or to any other party
who may establish a right thereto, full compensation for the
mesne profits or interest which would have accrued to such
parties respectively in respect thereof, during the interval
between the entry of the promoters of the undertaking there-
on and the time of the payment of such purchase-money or
compensation by the promoters of the undertaking, so far
as such mesne profits or interest may be recoverable in law
or equity; and such purchase-money or compensation shall
be agreed on, or awarded and paid in like manner, as,
according to the provisions of this Act, the same respectively
would have been agreed on, or awarded and paid in case the
promoters of the undertaking had purchased such estate,
right, interest, or charge before their entering upon such land,
or as near thereto as circumstances will admit.

86. In estimating the compensation to be given for any Howvalue
such last-mentioned lands, or any estate or interest in the
same, or for any mesne profits thereof, the Resident Magis- mtimated.
trate shall assess the same according to what he shall find
to have been the value of such lands, estate, or interest, and
profits at the time such lands were entered upon by the
promoters of the undertaking, and without regard to any
improvements or works made in the said lands by the
promoters of the undertaking, and as though the works had
not been executed.

87. In addition to the said purchase-money, compensa- promoten
tion, or satisfaction, and before the promoters of the under- rplderhking of th
taking shall become absolutely entitled to any such estate,
interest, or charge, or to have the same merged or extin- lltigationas
guished for their benefit, they shall, when the right to any lmds.
such estate, interest, or charge shall have been disputed by

to pay the
costs of

to such

[The inclusion of this page is authorized by L.N. 480/1973]

50 LANDS CLAUSES

Sale of
supe~uous
lands.

Lands not
wanted to be
sold, or, in
default, to
vest in
owners of
adjoining
lands.

the promoters, and determined in favour of the party claim-
ing the same, pay the full costs and expenses of any proceed-
ings at law or in equity for the determination or recovery
of the same to the parties with whom any such litigation in
respect thereof shall have taken place; and such costs and
expenses shall, in case the same shall be disputed, be settled
by the proper officer of the Court in which such litigation
took place.

88. With respect to lands acquired by the promoters of
the undertaking under the provisions of this or the special
Statute, or any enactment incorporated therewith, but which
shall not be required for the purposes thereof, within the
prescribed period, or if no period be prescribed within ten
years after the expiration of the time limited by the special
Statute for the completion of the works, the promoters of
the undertaking shall absolutely sell and dispose of all such
superfluous lands, and apply the purchase-money arising
from such sales to the purposes of the special Statute; and
in default thereof all such superfluous land remaining unsold
at the expiration of such period shall thereupon vest in and
become the property of the owners of the lands adjoining
thereto, in proportion to the extent of their lands respect-
ively adjoining the same.

Lands to be

Offeredto own r of
landsfrom

were

taken, Or to
adjoining owners.

89. Before the promoters of the undertaking dispose of
any such superfluous lands, they shall, unless such lands be
situated within a town, or be lands built upon or used for
building purposes, first offer to sell the same to the person
then entitled to the lands (if any) from which the same were
originally severed; and if such person refuse to purchase
the same, or cannot, after diligent inquiry, be found, then
the like offer shall be made to the person or to the several
persons whose lands shall immediately adjoin the lands so
proposed to be sold, such persons being capable of entering
into a contract for the purchase of such lands; and where

which they

originally

[The inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 51

more than one such person shall be entitled to such right of
pre-emption such offer shall be made to such persons in
succession, one after another, in such order as the promoters
of the undertaking shall think fit.

90. If any such persons be desirous of purchasing such Rightof
pre-emption

claimed
within six

lands, then, within six weeks after such offer of sale, they tobe
shall signify their desire in that behalf to the promoters of
the undertaking, or if they decline such offer, or if for six weeks.
weeks they neglect to signify their desire to purchase such
lands, the right of pre-emption of every such person so
declining or neglecting in respect of the lands included in
such offer, shall cease; and a declaration in writing made
before a Justice by some person not interested in the matter
in question, stating that such offer was made and was
refused, or not accepted within six weeks from the time of
making the same, or that the person, or all the persons
entitled to the right of pre-emption were out of the country,
or could not, after diligent inquiry, be found, or were not
capable of entering into a contract for the purchase of such
lands, shall, in all Courts, be sufficient evidence of the facts
therein stated.

91. If any person entitled to such right of pre-emption DifIerences
be desirous .of purchasing any such lands, and such person price to
and the promoters of the undertaking do not agree as to the gsA$k:
price thereof, then such price shall be determined by the Magistrate.
Resident Magistrate, and the costs of the proceeding shall
be in the discretion of such Resident Magistrate.

as to

92. Upon payment or tender to the promoters of the Lands tobs
conveyed undertaking of the purchase-money so agreed upon or tothe

determined as aforesaid, they shall convey such lands to the purchasers.
purchasers thereof by deed under the common seal of the
promoters of the undertaking, if they be a corporation, or
if not a corporation, under the hands and seals of the

me inclusion of this page is authorized by L.N. 480/1973]

52 LANDS CLAUSES

promoters of the undertaking, or any two thereof, acting by
the authority of the body; and a deed so executed shall be
effectual to vest the lands comprised therein in the purchaser
of such lands for the estate which shall so have been
purchased by him; and a receipt under such common seal,
or under the hands of two of the promoters of the under-
taking as aforesaid, shall be a sufficient discharge to the
purchaser of any such lands for the purchase-money in such
receipt expressed to be received.

Effectofthe

“grant’*in
93. In every conveyance of lands to be made by the pro-

moters of the undertaking under this or the special Statute,
or any enactment incorporated therewith, the word “grant”
shall operate as express covenants by the promoters of the
undertaking, for themselves and their successors, or for
themselves, their heirs, executors, administrators, and
assigns, as the case may be, with the respective grantees
therein named, and the successors, heirs, executors,
administrators, and assigns of such grantees, according to
the quality or nature of such grants, and of the estate or
interest therein expressed to be thereby conveyed as follows,
except so far as the same shall be restrained or limited by
express words contained in any such conveyance, that is
to say-

(a) a covenant that, notwithstanding any act or default
done by the promoters of the undertaking, they
were at the time of the execution of such convey-
ance seised or possessed of the lands or premises
thereby granted for an indefeasible estate of
inheritance in fee simple, free from all incum-
brances done or occasioned by them, or otherwise
for such estate or interest as therein expressed to
be thereby granted, free from incumbrances done
or occasioned by them :

(b) a covenant that the grantee of such lands, his heirs,
successors, executors, administrators, and assigns

word

conveyance.

[The inclusion of this page is authorized by L.N. 480/19731

-.

LANDS CLAUSES 53

(as the case may be), shall quietly enjoy the same
against the promoters of the undertaking, and
their successors, and all other persons claiming
under them, and be indemnified and saved harm-
less by the promoters of the undertaking, and their
successors from all incumbrances created by the
promoters of the undertaking :
a covenant for further assurance of such lands, at
the expense of such grantee, his heirs, successors,
executors, administrators, or assigns (as the case
may be) by the promoters of the undertaking, or
their successors, and all other persons claiming
under them :

and all such grantees, and their several successors,
heirs, executors, administrators, and assigns, re-
spectively, according to their respective quality or
nature, and the estate or interest in such convey-
ance expressed to be conveyed, may, in al l actions
brought by them, assign breaches of covenants,
as they might do if such covenants were expressly
inserted in such conveyance.

94. Any summons or notice or any writ or other proceed- & ~ m o t
ing required to be served upon the promoters of the under- $ mpony.
taking, may be served by the same being left at or trans-
mitted through the post directed to the principal office of
the promoters of the undertaking, or one of the principal
offices where there shall be more than one, or being given
or transmitted through the post, directed to the secretary,
or in case there be no secretary, the solicitor of the said
promoters.

t i a s upon

95. If any party shall have committed m y irregularity, Tenderof
wends. trespass, or other wrongful proceediig in the execution of

this or the special Statute, or any enactment incorporated
IThe inclusion of this page is outharizcd by LN. 4&0/1973]

I

54 LANDS CLAUSES

Procedure
when
Resident
Magistrate
interested.

. .

Jurisdiction
of Resident
Magistrate’s
Court where
land in two
parishes.

therewith, or by virtue of any power or authority thereby
given, and if, before action brought in respect thereof, such
party make tender of sufficient amends to the party injured,
such last-mentioned party shall not recover in any such
action; and if no such tender shall have been made, it shall
be lawful for the defendant, by leave of the Court where
such action shall be pending, at any time before issue joined,
to pay into Court such sum of money as he shall think fit,
and thereupon such proceedings shall be had as in other
cases where defendants are allowed to pay money into
Court.

96. Whenever the Resident Magistrate shall be interested
in the matter in dispute, the proceedings shall be commenced
and carried on in the Resident Magistrate’s Court of any
adjoining parish; and the Resident Magistrate of such
adjoining parish shall have the same jurisdiction and powers
in all respects as the Resident Magistrate would have had
if he had not been interested in the matter in dispute :

Provided that it shall be competent for the parties to any
proceeding, if they are under no disability, to agree that the
Resident Magistrate shall have jurisdiction in the proceeding,
notwithstanding that he is interested in the matter in dis-
pute; and after such agreement such Resident Magistrate
shall have the same jurisdiction and powers as if he were
not so interested.

97. Whenever any piece of land, required or taken by
the promoters of the undertaking, or injuriously affected
by the execution of the works, does not lie entirely within
the parish of one Resident Magistrate’s Court, the pro-
ceedings authorized by this Act may be taken in the Resident
Magistrate’s Court of any parish within which any part of
such piece of land is situated. The Resident Magistrate of
a Court in which such proceedings may be taken, shall have

[The inclusion of this page is authorized by L.N. 480/1973]

LANDS CLAUSES 55

the same jurisdiction over the whole of such piece of land
as if such piece of land lay entirely within the jurisdiction
of his court.

98. The jurisdiction given by this Act to the Supreme ~~~~m
Court and to a Judge thereof, in respect of money paid into ?exercise
the Treasury under this Act, may be exercised by any .ocord-
Resident Magistrate’s Court, in accordance With the pro- ga“*
such money does not exceed four hundred and fifty thousand ~ + m a )
dollars or such other amount as the Minister responsible 33/1%5
for Justice may specify by order subject to affirmative reso- S&4
lution. 711999.

rididon

Judicature visions of the Judicature (Resident Magistrates) Act, when (Resident

99. Three Resident Magistrates to be named from t h e TA=
to time by the Minister, or a majority of them, may make M-istrater
rules for fixing the practice, procedure, and Cow fees in rulm.
all proceedings in the Resident Magistrates’ Courts under
this Act. Such rules so made shall be submitted to the
Minister, who may allow, disallow, add to, or alter such
rules. The rules shall not come into operation until after
they have been approved by the Governor-General in
Council. Such rules, so made as aforesaid, may from time
to time be in like manner revoked, altered, or added to, or u n ~ l r u ~

conpc into
opaation new rules may be made. Until such rules shall come into

operation the ordinary practice of the Resident Magistrates’ &%t*e
Courts in actions shall, as far as possible be observed in
proceedings under this Act, unless it shall be otherwise underthis

ized and required to regulate, as he shall think fit, the practice
and procedure upon proceedings in his Court under this
Act until rules shall come into operation under this section.

and costs every penalty or forfeitm imposed by this or the
specid Statute, or any enactment incorporated therewith,
or by any by-laws made in pursuance thereof, the recovefy
of which is not otherwise provided for, may be recovered

Resident

to make

ordered by the Resident Magistrate, who is hereby author- Aa

100. With respect to the recovery of forfeitures, penalties Es~z of

me inclusion of this page fs authorized by LH. 3/u)o1]

56 LANDS CLAUSES

Distress
against the
treasurer.

Penaltier to
be sued for

months.
Wi th in Six

ACCCUSt.

z2.
copaof
rpecid
statute
to be kept
uld
depodtcd
.nd allowe
tobe hw.

d

by summary proceeding and in default of payment forth-
with, the Court may award imprisonment with or without
hard labour for a period not exceeding three months.

101. If any penalty shall be payable by the promoters
of the undertaking, and if sufticient goods of the said
promoters cannot be found whereon to levy the same it may,
if the amount thereof do not exceed forty dollars, be
recovered by distress of the goods of the treasurer of the
said promoters; and the Justices by whom any such penalty
shall be imposed, or either of them, on application, shall
issue their or his warrant accordingly; but no such distress
shall issue against the goods of such treasurer unless seven
days’ previous notice in writing, stating the mount so due,
and demanding payment thereof, have been @ven to such
treasurer or left at his residence; and if such treasurer pay
any money under such distress as aforesaid, he may retain
the mount so paid by him, and a.ll costs and expe(nses
occasioned thereby, out of any money belonging to the
promoters of the undertaking coming into his custody or
control, or he may sue them f& the same.

102. No person shall be liable to the payment of any
penalty or forfeiture imposed by virtue of this or the special
Statute, or any enactment incorporated therewith, for any
offence made cognizable before Justices unless the complaint
respecting such offence shall have been made before such
Justices within six months next after the commission af
such offence.

103. With respect to the provisions to be made for afTord-
ing access to the special Statute by all parties interested, the
promoters of the undertaking or company shall, at all times
after the expiration of six months after the passing of the
special Statute, keep in their principal office of business a
copy of the special Statute, printed at the Government

[The inclusion of this page is authorized by L.N. 3/2001] .

LANDS CLAUSES 57

Printing Office, and where the undertaking shall be a rail-
way, canal, or other like undertaking, the works of which
shall not be confined to one town or place, shall also, within
the space of such six months, deposit in the office of each
of the Clerks of the Resident Magistrates’ Courts of the
several parishes into which the works shall extend, a copy
of such special Statute so printed as aforesaid; and the said
Clerks shall receive, and they and the promoters of the
company respectively shall retain the said copies of the
special Statute, and shall permit all persons interested to
inspect the same, and make extracts and copies therefrom
without payment of any fees.

104. If the promoters of the undertaking or company Penalwon
romokrs shall fail to keep or deposit as hereinbefore mentioned any failingto

of the said copies of the special Statute, they shall forfeit iz$:
forty dollars for every such offence, and also ten dollars for r&yf
every day afterwards during which such copy shall be not statute.
so kept or deposited.

105. The Accountant-General shall be entitled to deduct A-untant-

same accounts of, any money paid into the Treasury under m n t a g e .
this Act, as if such money were paid into the Treasury as
money of the Supreme court.

General
the same percentage from, and shall be bound to render the ontitled to

[The inclusion of this page is authorizcd by L.N. 480/1973]

58 LANDS CLAUSES

(Section 56)

(Section 56)

SCHEDULE A

Form of Conveyance
I. of , in consideration of the

sum of paid to me (or into the Treasury, as the case
may be) ex-parte “The Promoters of the Undertaking” (naming them).
pursuant to the (here name the special Statute). by the (here name the
company or other promoters of the undertaking) incorporated (or con-
stituted) by the said Statute, do hereby convey to the said company
(or other description), their successors and assigns, all (describing the
premises to be conveyed), together with all ways, rights and appurten-
ances thereto belonging, and all such estate, right, title and interest
in and to the same as I am or shall become, seised or possessed of, or
am by the said Statute empowered to convey, to hold the premises to the
said company (or other description), their successors and assigns for
ever, according to the true intent and meaning of the said Statute.

In witness whereof I have hereunto set my hand and seal, the
day of , in the year of our Lord

SCHEDULE B

Form of Conveyance on Chief-Rent
I of , in consideration of the

rent-charge to be paid to me, my heirs, and assigns as hereinafter
mentioned by “The Promoters of the Undertaking” (naming them)
incorporated (or constituted) by virtue of the (here name the special
Statute), do hereby convey to the said company (or other description),
their successors and assigns, all (describing the premises to be con-
veyed), together with all ways, rights and appurtenances thereunto
belonging, and all my estate, right, title and interest in and to the same,
and every part thereof, to hold the said premises to the said company
(or other description). their successors and assigns for ever, according to
the true intent and meaning of the said Statute, they the said company
(or other description), their successors and assigns, yielding and paying
unto me, my heirs and assigns, one clear yearly rent of
by equal quarterly (or half-yearly, as agreed upon) portions henceforth.
on the (stating the days). clear of all taxes and deductions.

In witness whereof I hereunto set my hand and seal, the
day of , in the year of our Lord

- ~
[The inclusion of this page is authorized by L.N. 480/1973]
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