Jolly against The Wimbledon and Dorking Railway Company

JurisdictionEngland & Wales
Judgment Date04 December 1861
Date04 December 1861

English Reports Citation: 121 E.R. 917


Jolly against The Wimbledon and Dorking Railway Company

IB.fcf.tl8. JOLLY V. WIMBLEDON AND DORKING RLY. CO. 917 in the exchequer chamber. jolly against the wimbledon and dokking railway company. Wednesday, December 4th, 1861. For head note, see ante, p. 807. The defendants having appealed to the Exchequer Chamber, In Michaelmas Vacation (Nov. 26th, 1861), before Erie C.J., Williams, Bylea and Keating JJ., Bramwell, Channel! and Wilde BB. Hor&ee Lloyd was heard for the appellants (the defendants below).-First. The defendants were entitled, under sect. 124 of The Lands Clauses Consolidation Act, 1845, 8 & 9 Viet. c. 18, to the undisturbed possession of the lands iti question for a period subsequent to the commencement of this action. That section enacts: " If at any time after the promoters of the undertaking shall have entered upon any lands which . . . they were authorized to purchase, and which shall be permanently required {or the purposes of the special Act, any party shall appear to be entitled to any estate, right, or interest [816] 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 purchan of lands shall have expired or aot, the promoters of the undertaking shall remain in the undisturbed possession of such lands, provided, within six months after notke of tuch estate, right, interest, or charge, in case the same shall not be disputed by the promoters of the undertaking, or in case the same shall be disputed then within aiz months after the tight thereto shall have been finally established by law in 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 mesue profits or interest which would have accrued to such parties respectively in respect thereof during th interval between the entry of the promoters of the undertaking thereon and the time of the payment of such purchase money or compensation by the promoters of the undertaking, go far as such mesne profits or interest may be recoverable in law or equity, 5c." The plaintiff was entitled to a charge upon the lands in question; and the defendants, " through mistake or inadvertence, had omitted duly to purchase, or to pay compensation for " it. Also the defendants did not dispute the charge when they had notice of it, tad would have been willing to purchase or pay compensation. Therefore they are within sect. 124: and six months not having elapsed from the time when they first had notice of this charge, the action of ejectment was prematurely brought. Sect. 68 gives to the patty [817J " entitled to any compensation in respect of any lands or of any interest therein," the opportunity of obtaining complete satisfaction for the lands, " which shall have been taken for or injuriously affected by the execution of the works;" and then the Act contains sections " with respect to lands subject to mortgage," and deals with the mortgagee as an...

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