Kemp v The West End of London and Crystal Palace Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 17 July 1855 |
| Date | 17 July 1855 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 633
HIGH COURT OF CHANCERY
S. C. 1 Jur. (N. S.) 1012; 3 W. R. 607.
Railway Company. Compulsory Powers. Railways Clauses Act, s. 7. Book of Reference. Mistake. Omission of Name of Lessee.
[681] kemp v. the west end of london and crystal palace eailway company. July 17, 1855. [S. C. 1 Jur. (N. S.) 1012; 3 W. E. 607.] Railway Company. Compulsory Powers. Railways Clauses Ad, s. 7. Book of Reference. Mistake. Omission of Name of Lessee. The 7th sect of the Railways Clauses Act, providing a mode of correcting "any omission, misstatement or erroneous description of any lands described on the plans or books of reference," is intended to meet the case of any omission of land in the plan, or of description of any owner of it in the book of reference, or the omission of the number, or the misstatement of the acreage, or a mistake in the names of the owners, &c., as from an error in copying or the like; but this section was not intended to apply to the case of the names of intermediate lessees for a long term being entirely omitted from the book of reference. Therefore, where such a mistake as last mentioned had occurred, and the intermediate lessees had not been made aware of the intention to take their land until a notice to treat was given them after the company had obtained their Special Act; and such Special Act incorporated the Lands Clauses and Railways Clauses Acts; and, after reciting that plans and sections had been made and deposited, enacted that the line should be made upon the lands delineated in the plan and described in the book of reference: it was held that the description there referred to was not meant to be a description entirely accurate in all respects, and therefore that the inaccuracy which had occurred did not disentitle the company to take the land under their compulsory powers. John Young Kemp and John Simpson, Plaintiffs in this case, as executors of the will of William Bovill, who was the surviving trustee of the will of William Nunn, 634 KEMP V. WEST END OF LONDON 1K. & J. 682. were the lessees of a valuable leasehold estate at Balham, Surrey, which was held by the Plaintiffs under several leases thereof,: granted by Peter Du Cane the elder and Peter Du Cane the younger, for two several terms, making together a term of eighty years. On the 10th of May 1854 the Defendants gave to the Plaintiffs the usual notice to treat for the purchase of the lands and hereditaments described in the schedule to such notice, which was as follows :- " The Schedule referred to in the within notice. " All those pieces or parcels of land, buildings and hereditaments situate in the parish of St. Leonard, Streatham, in the county of Surrey, containing by measurement five acres and seven perches, which are delineated on the plan hereto annexed, and coloured red, and are parts of certain lands and hereditaments distinguished on the Parliamentary plans of the said West End of London and Crystal Palace [682] Railway, and in the book of reference thereto deposited with the Clerk of the Peace for the said county of Surrey, and thereon and in the said plan distinguished by the numbers 1, 2, 3, 4, 5, 7, 8, 17, 18, 19, 20, in the said parish of St. Leonard. Streatham." Annexed to this notice was a plan, on which the lands comprised in the said notice were delineated, and upon such plan was a tabular statement of reference thereto, which tabular statement was as follows :- No. Parish of. Lessee. Occupiers. 1 St. Leonard, \ John Young Kemp, John A. E. P. Streatham / Simpson, executors of William Bovill . William Clarkson 1 1 8 2 Same .... Charles E. Smith . 0 0 12 3 Same .... William Clarkson . 0 1 35 4 Same .... Same 002 5 Same .... Same 0 0 38 7 Same and John Holmes . John Holmes . 1 1 32 8 John Young Kemp, John Simpson, executors of William Bovill; and Henry Hopkins , Henry Hopkins 0 1 26 17 John Young Kemp, John Simpson, executors of William Bovill; fiobt. Hicks, executors of late Eobt. Hicks; Chas. E. Smith .... Charles E. Smith . 0 1 17 18 John Young Kemp, John Simpson, executors of William Bovill; Eobt. Hicks, executor of late Eobert...
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