The law relating to the compulsory purchase and sale of lands in Ireland; under the provisions of the Irish Railways and Lands Clauses Acts: being the ... and copious notes of the practice - Softcover
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...under section 5 will be commanzm«/ pelled by mandamus to proceed to assess value: R. v. Rynd (16 Ir. C. L. 29; 9 L. T. N. S. Q. B. 27, Ir.). See note to section 5, beloie, page 124. Effect of "no-When a Company has served aotice to take lands under their compulsory powers, and thereupon the compensation is fixed by arbitration under this Act, a contract for sale is thus established between the parties, and the Court will enforce it against the promoters: Mason v. Stokes Bay Ry. Co. (32 L. J. Oh. 110). And see Harding v. Metrop. Ry. Co. (L. E. 7 Ch. 154), above, page 116. After service of a notice to treat, it has been held that the landowner is not entitled to put up his property for sale by auction; and that he will be restrained from so doing: Metrop. Ry. Co. v. Woodhome (34 L. J. Ch. 297). And no person will be entitled to claim compensation in respect of any interest that he acquired after service of the notice, if he were informed of it: Re Marykbone Imp. Act (L. E. 12 Eq. 389). And see In re Palmer and Hungerford Market Co. (9 Ad. & El. 463), and note, above, page ll; Exparte Edwards (L. E. 12 Eq. 389). And where a person has, after service of notice on 14. Viet. c. 7O, owner, bought an interest in any lands comprised in the 4 notice, he has of course no right to interfere with the Interest,--.., i i i i L L created after Company going into possession; but he has an interest the lodgment in the purchase-money: Carnochan v. N. 8f S. Ey. Co. nd schedules. (26 Beav. 169). Nor is a tenant entitled to compensation for money laid out in improvements on the premises subsequently to the service on his landlord of the Company's notice to treat. See In re Palmer and Hung erf or d Market Co. (9 Ad. & El. 463). It will be observed...
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