warrant, summon both the parties to appear before him, by themselves or their attornies, at some convenient time and place appointed by him for the purpose of nominating a special jury (not being less than five nor more than eight days from the service of such summons); and at the place and time so appointed the Sheriff shall proceed to nominate and strike a special jury, in the manner in which such juries shall be required by the laws for the time being in force to be nominated or struck by the proper officers of the Superior Courts, and the Sheriff shall appoint a day, not later than the eighth day after striking of such jury, for the parties or their agents to appear before him to reduce the number of such jury, and thereof shall give four days notice to the parties; and on the day so appointed the Sheriff shall proceed to reduce the said special jury to the number of twenty, in the manner used and accustomed by the proper officers of the Superior Courts." The special jury, on such inquiry, shall consist of twelve of the said twenty, who shall first appear on the names being called over, the parties having their lawful challenges against any of the said jurymen; and if a full jury do not appear, or if after such challenges a full jury do not remain, then, upon the application of either party, the Sheriff shall add to the list of such jury the names of any other disinterested persons qualified to act as special or common jurymen, who shall not have been previously struck off the aforesaid list, and who may then be attending the Court, or can speedily be procured, so as to complete such jury, all parties having their lawful challenges against such persons; and the Sheriff shall proceed to the trial and adjudication of the matters in question by such jury, and such trial shall be attended in all respects with the like incidents and consequences, and the like penalties shall be applicable, as hereinbefore provided in the case of a trial by common jury. Any other inquiry, than that for the trial of which such special jury may have been struck and reduced as aforesaid, may be tried by such jury, provided the parties thereto respectively shall give their consent to such trial. No juryman shall, without his consent, be summoned or required to attend any such proceeding as aforesaid more than once in any year. a The Sheriff may be compelled by mandamus to impanel a jury, &c.b tion. With regard to the persons entitled to compensation, it may Who entibe laid down, as a general rule, that any one who has any benefi- tled to cial interest in the land to be so purchased or taken, is entitled to compensacompensation. The Lands Clauses Consolidation Act throughout uses the words parties interested in such lands, or parties enabled to sell and convey or release the same. In a subsequent clause of the same Act, a tenant at will is alluded to; but this refers to the preceding clause, which speaks of a tenancy for a year, or from a Sect. 55. b Walker v. London and Birming ham Railway Company, 3 Q. B. 744. For what compensation is claimable. year to year, and not of a tenancy at will. Whether a tenant at will can claim compensation or not has not been determined; but, if he can show a beneficial interest, why should he be excluded? the diffi. culty seems one of evidence only. There are (as it is said) interests, for which compensation, unless expressly provided for, cannot be assessed; such as the goodwill of a business, tenant's fixtures, improvements, the chance of a beneficial renewal of a lease, and the like. In the case, in which these matters came under the consideration of the Court, tenant's fixtures and improvements were excluded, because the tenant there had not any legal interest in them. The chance of a beneficial renewal of a lease, unless expressly provided for, would fall under the same category.b But, if there be a covenant for renewal, without any express provision in the special Act itself, is the tenant not to be compensated for his loss? Again, the goodwill of a business has, over and over again, been recognised as an existing and valuable interest. Is the proprietor of this to receive no compensation for his loss? Goodwill, where the profits of the business result entirely from personal skill of the party employed, as in the case of a surgeon, or an attorney, may not be recognisable as valuable interests; but such a goodwill as attaches upon property rather than upon individual skill, as in the case of a public house, grocer's shop, and the like, has often been recognised as a valuable interest at law and in equity. Again, if the injury be the necessary consequence of the public works, and one more or less affecting the whole neighbouring property, as if it be caused by the stoppage of public thoroughfares, and so cause to a shop or public house a diminution in business, the proprietor of such a shop or public house may not be entitled to compensation; for, independently of considerations of public policy, such an injury seems too remote for calculation; such a case differs widely from that where the very house or shop is destroyed; or, where it is virtually so, by being within the distance prescribed by the particular act. A person entitled to a mere easement may claim compensation.d A person is entitled to compensation for any damage that may be sustained by him, by reason of the execution of the works; thus, if he can show that he may sustain an injury from lowering a road to his land, abutting on the works, by impeding the access thereto, rendering additional fences necessary, or, by cutting off access by an embankment, and compelling him to open fresh communication, he will be entitled to compensation for such a R. v. Liverpool and Manchester Railway Company, 4 Ad. & E. 650. b In Corrigall v. L. and B. R. Co. evidence of loss of goodwill, &c., was admitted to show that the house had been deteriorated in value. 5 M. & G. 219. C Kennedy v. Lee, 3 Mer. 441; Ex parte Farlow, 2 B. & Ad. 341; R. v. d Thicknesse v. Lancaster Canal Company, 4 M. & W. 492. e 8 & 9 Vict. c. 18, s. 18. a injuries. The jury are not, it is said, to give speculative damages. Speculative They would not be authorised, it is true, in awarding damages for damages. mere imaginary evils; but, when it is proved or admitted that, in the execution of the works, a certain act is to be, or is done, they must, as men with reasoning faculties, speculate upon, or rather consider the nature of such act, and all its probable as well as necessary consequences. "Reason," says Bentham, "proceeding on the data furnished by experience, is capable of appreciating the different degrees of probability, and reaching that point of likelihood, which, in ordinary language, has received the name of moral certainty. The light by which we walk does not manifest to us the first principles of nature, or acquaint us with the utmost limits of her power; but it is sufficient for guiding our judgment in the ordinary transactions of life, and judicial decisions rest on the very same foundation." When the inquiry relates to the value of lands, &c. to be purchased, and also to compensation claimed for injury done, or to be done to lands, houses, good-will, &c., the jury ought to be directed to return, and they ought to return their verdict separately for the sum of money to be paid for the purchase, and for the sum of money to be paid by way of compensation. The Sheriff should not neglect this separate finding; for, as to stamp duty and other things, the omission creates great confusion to public companies. A verdict conjunctim would not be considered a nullity. So where there are several interests to be compensated for, an assessment in one gross sum would be irregular, if not, in such a case, a nullity. The proceeding before the How injury must be consistent with the precept, and the precept con- quiry consistent with the notice. The land, therefore, mentioned in the precept, must be what is contained in the notice. On the inquiry, the party claiming compensation shall be deemed the plaintiff, and shall have all such rights and privileges as the plaintiff is entitled to, in the trial of actions at law. This was introduced to regulate the general course of proceedings, to remove doubts concerning the right to begin, and to show, in other respects, how the inquiry was to be conducted. Taking together the statute and the general rule laid down by the judges as to the right to begin, the party claiming compensation will be the person in any case to begin, and if the other side produce any evidence he will be entitled to a reply. In case New trial, of misdirection, or even a perverse verdict, there seems to be no &c. ducted. a Reg. v. E. C. R. Co., 2 Q. B. 347; Reg. v. B. and E. R. Co., cited in Walford's Law of Railways, 195. b In re L. and G. R. Co., 2 Ad. & E. 684; Corrigall v. L. and B. R. Co. 6 Sc. N. C. 264; 8 & 9 Vict. c. 18, s. 63. c See Rex v. The Trustees of the N. and W. Road, 5 Ad. & E. 578. d Stone v. Commercial R. Co., 4 Myl. & Cr. 122; 1 Railw. C. 403. See Walker v. L. and B. R. Co. 3 Q. B. 744. e The King v. Gardner, 6 Ad. & E. 117; Reg. v. Sheriff of W., 2 Railw. C. 661; Phill. Ev. 836. remedy either by motion for an inquiry de novo, or by mandamus for a second precept.a Notice by Company.b incor We being the promoters of a certain public undertaking called porated by an act of parliament made and passed in the year of the reign of, &c. intituled An Act &c. do hereby give you notice that for the purpose of carrying out the said undertaking and executing the works thereof we shall and do require from you all your right title claim benefit and interest of and in a certain dwelling-house and premises with the appurtenances situate and being at No. N. Street E. Road in the parish of in the county of M. and now in the occupation of [or "of and in a certain piece or parcel of land situate and being &c. that is to say "] [here describe what is to be taken]; and we do also hereby give you notice that we do intend and shall on the expiration of ten days from the service of this notice upon you issue our warrant to the Sheriff of the county of M. to require him to summon a jury to assess the value of your interest in the premises and the amount of compensation you may be entitled to from us in respect of the works of the said undertaking And we do also give you notice that we are ready and willing to give you as and for the price and value of your said interest in the premises the sum of £ and for compensation for any injury you may sustain by reason of the premises we are ready and willing to give you £. Given under our common seal and hands this &c. To Notice by Claimant.d Whereas I am the owner and lessee for a term of years yet to come and unexpired of and in a certain dwelling-house and premises with the appurtenances now used and occupied by me as a public house and known by the name or sign of situate at in the parish of in the county of M. and within fifty feet of the L. and B. Railway which said public house [will be] has been and is deteriorated in value by the construction of the said railway: Now I do hereby give you notice and require of you within twenty-one days from the service of this notice upon you to issue your warrant to the Sheriff of the said county of M. requiring him by the said warrant to summon a jury to inquire into and assess the value of my interest in the premises and the amount of compensation I am entitled to for the loss and injury [that may be] sustained by me by reason of the premises; and I further give you notice that I am ready and willing to take for my interest in the premises the sum of £ and for compensation for such loss and injury the sum of £ Dated, &c. То Warrant.e day M. า Whereas we the promoters &c. [as in notice suprà] on the to wit, S of A.D. 18- pursuant to the statute in such case made and provided did cause to be served a certain notice in writing under our common seal personally upon of which said notice was and is in the words and figures following [notice]. And whereas the said hath not accepted the offer therein contained or any Sheriff and he a shareholder (which they must know from their own books), the warrant cannot be directed to him, ante, p. 82, but when there are two persons, as in Middlesex and in some counties of cities, constituting one officer, it ought to be directed to the one, who is not a shareholder, and not to the coroner. See Corrigall v. L. and B. R. Co., 6 Sc. N. C. 241: Letsom v. Bickley, 5 M. & S. 144. part thereof and the question of value and compensation still remains disputed between us: We do hereby require and command you upon the receipt of this our warrant to summon a jury to determine the said differences and disputes in the premises; and herein fail not. Given under our common seal this &c. Company's Notice of Inquiry. has been summoned and that an Take notice that a jury of the county of inquest will be held upon the value of your interest of and in and warrant] and the compensation you may be entitled to from us in public works of the Co. and that the same will be tried on A.M. before the Under-sheriff of the said county at the house of called the at in the said county [where counsel will attend]. our common seal this &c. То Sheriff's Notice to Company. at [as in notice respect of the o'clock commonly Given under Take notice that I shall hold an inquest and proceed to inquire into the value of &c. [as above] on the day of county of W. at the house commonly called quested or some one on your behalf to attend. To next at ten o'clock A.M. at A. in the when and where you are re Dated &c. Request to summon a Witness. We hereby request you to summon on the inquest to be held at respecting certain matters in difference between us and material witness touching the matters in question. Dated &c. То Sheriff of Request to View. one High Sheriff. on who is a We hereby request you to order the jury or any six or more of the jury summoned for the inquest to be held at &c. [as above] to view the place in controversy. Dated &c. To } Sheriff of Inquisition, &c.a on W. An inquisition indented taken at before Sheriff of to wit. the county aforesaid by virtue of a certain warrant to the said Sheriff directed under the common seal of the L. and B. R. Co. and to this inquisition annexed to inquire of certain matters in the said warrant specified by the oath of [names of jurymen] honest and lawful men of the said county who being charged and sworn upon their oath say that A. B. hath sustained damages to the amount of £ -; and the jurors aforesaid upon their oath aforesaid further say that the value of the interest of the said A. B. of and in &c. amounts to £. -. In witness whereof as well I the said Sheriff as the said jurors have set our hands and seals to this inquisition the day and year above written.b Judgment. Therefore it is considered that the said A. B. do recover against the said company the said several sums of £- and £ ; and the defendant in mercy &c. High Sheriff. a Oaths and affirmations of witnesses and jurors, &c. will be found in p. 69. b Taylor v. Clemson, 2 Q. B. 978; Reg. v. The M. and L. R. Co. 8 Ad. & E. 413. These must be sent to the clerk of the peace to be filed; s. 50. |