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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 9

Amount of compensation in case of parties under disability to be ascertained by valuation, and paid into the Bank.

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 or the
special Act, and the compensation to be paid for any permanent damage or
injury to any such lands, shall not, except where the same shall have been
determined by the verdict of a jury, or by arbitration, or by the valuation of
a surveyor appointed by two justices under the provision herein-after
contained, be less than shall be determined by the valuation of two able
practical surveyors, one of whom shall be nominated by
the promoters of the undertaking, and the other by the other party, and if
such two surveyors cannot agree in the valuation, then by such third surveyor
as any two justices shall, upon application of either party, after notice to
the other party, for that purpose nominate; and each of such two surveyors, if
they agree, or if not, then the surveyor nominated by the said justices, shall
annex to the valuation a declaration in writing, subscribed by them or him, of
the correctness thereof; and all such purchase money or compensation shall be
deposited in the Bank [or the Supreme Court] for the benefit of the parties
interested, in manner herein-after mentioned.

© 1845 Crown Copyright

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