1885.] LEGAL. 397 



COMPULSORY PURCHASE OF LAND BY RAILWAY 

 COMPANIES 



NO case perhaps better illustrates "the glorious uncertainty of the 

 law and the extensive powers of railway companies " than 

 Zoosemore v. The Tiverton and North Devon Railway Company. 

 By their special Act, with which -were incorporated, as usual, the 

 provisions of the Lauds Clauses Act, 1845, the Company's powers of 

 compulsory purchase were not to be exercised after the expiration 

 of three years from the passing of their Act, and their other powers 

 for making railways, etc., would cease to be exercised if the rail- 

 ways, etc., should not be completed within five years from the same 

 date. 



The usual " notice to treat " was not served upon Mr. Loosemore 

 until a few days before the end of the three years ; but it was not 

 until thirteen days before the expiration of the five years that the 

 Company attempted to take possession of the laud for the purpose of 

 commencing their railway. It was obvious that the railway could not 

 be completed in thirteen days, and Mr. Loosemore resisted the 

 occupation of the land until the Sheriff gave the Company formal 

 possession. 



The value of the land is only something under £1000, but 

 Mr. Loosemore, who is a solicitor, commenced legal proceedings. 

 The litigation has been long, and the costs must have been very 

 great. 



The action, which Mr. Loosemore conducted iu person through its 

 various stages, was commenced in March 1882, before Mr. Justice 

 Fry, who held that the entry of the Company was lawful, that they 

 were therefore entitled to retain possession, and that the compensa- 

 tion must be assessed under section 68 of the Lands Clauses Act. 

 The plaintiff appealed, and this judgment was reversed, on the 

 grounds that the entry, at a time when it was manifest that the 

 railway could not be made over the land within the five years, was 

 an abuse of the powers of the Act. The plaintiff was therefore 

 entitled to recover possession. The Company then appealed to the 

 House of Lords. The case was twice argued, and the decision of 

 the Court of Appeal reversed, leaving the case as it stood when it 

 left Mr. Justice Fry's Court ; the entry of the Company upon the 

 land thirteen days before the date upon which they were bound by 

 their Act to complete the railway was declared to be lawful ; and it 

 vjras decided that they could rightfully remain and complete the 

 railway. 



