Lewis v The South Wales Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1852 |
| Date | 17 November 1852 |
| Court | High Court of Chancery |
English Reports Citation: 68 E.R. 861
HIGH COURT OF CHANCERY
S. C. 22 L. J. Ch. 209; 16 Jur. 1149; 1 W. R. 45.
[113] lewis v. the south wales eailway company. Nov. 13, 17, 1852. [S. C. 22 L. J. Ch. 209; 16 Jur. 1149; 1 W. E. 45.] A railway company contracted with the owner of lands to pay interest for the purchase-money, and compensation to be awarded for so much of the lands as should be taken for the railway; and it was agreed that the money should be deposited in a certain bank until the completion of the purchase, and that the interest should be paid to the owner up to and inclusive of the day on which the purchase should be completed. Held, that the reasonable construction of this agreement was that it referred to the completion of the purchase by the purchaser; that, on the part of the purchaser, the purchase was completed by the payment of the purchase-money into Court; and that it did not necessarily refer to the complete conveyance of the estate and the final settlement of the purchase. A special case. The question was as to the liability of the company to the payment of interest on a sum of £9467, 7s. lOd. The company was projected in 1845, and the line of the railway was intended to pass through the estate of Mr. Lewis. Mr. Lewis was seised of part of the estate in fee, and other part of it was in settlement--he being tenant for life with remainder, subject to some intervening limitations which failed of effect, to the Plaintiff for his life. Mr. Lewis opposed the passing of the bill; and thereupon an agreement, dated the 1st of July 1845, was entered into between him and three of the promoters of the company ; whereby the promoters covenanted and agreed with him that if the bill should pass into a law during the then session, and the projected company should require to take, enter upon, or use any of the lands of Mr. Lewis, therein referred to, for the purposes of the railway, then and in such case, before any part of his said lands should be taken, used or entered upon by or on behalf of the company, except for the purposes of surveying and setting out the line thereof, the company or the said parties thereto of the first part should pay, or cause to be paid, compensation for and in respect of the purchase of any of the said lands, and for damage by severance or otherwise to the landlords or tenants, and also for the deterioration and injury which would be done to the family estate; the amount of such purchase-monies, damages and compensation to be estimated and determined by arbitrators as therein mentioned, 862 LEWIS V. SOUTH WALES RAILWAY COMPANY 10 HAKE, 114. and, in case of dispute, by the umpire therein [114] named. And it was provided that the provisions of the Lands Clauses Consolidation Act, 1845, should apply to the arbitration thereinbefore agreed to, except as to any stipulation or provision in this agreement specially mentioned; and that, in making their valuation or award, the said surveyors and umpire should separately and distinctly value, ascertain and distinguish the amount of purchase-money or compensation to be paid for the lands of which Mr. Lewis was tenant for life, and those to which he was entitled in fee. And that the said company should pay the amount so ascertained and determined for the lands to which Mr. Lewis was entitled in fee-simple to him, his heirs or assigns, and pay or apply the remainder according to the provisions of the Lands Clauses Consolidation Act, 1845, with...
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