CO129-132 - Sir MacDonnell - 1868 [8-9] — Page 640

16.

10.

634

to ipue their warrant

and

Lease in which the Government

Lind dell were abant which I shall have

to

Contractor infact,

to

nes thing.

say presently, it would be directly

in point.

13.

To the same effect

Avas

The case

of the Queen & The Commissions of Weeds and Perests reported in 17

Low

Journal Rep. 2. B. 3411. By the 9410

Vict. C. 38 the Commissiones

authorized to treat for

and

wer e

pinchaod

lands for the purpose of forming Batter-

Park . Nolice of their intention to

lake lands had been

bit

Juvent

there had been

actual taking.

I

wao

held that

a

Man?

andamu

would lie to compel the Pammisioners

no doubts.

.

a

to the Sheriff

jury to assess

compensation. Lord- Denman C. I. in delivering the judgment of the Court saye "The accond objection, that the Commissionen "had not actually lation profession of

"The prosecutor's land), but had done

him with a

more than

"of intention

Qirot.

20

to do,

think

notice

"mistenable, having often held', agreeably " to the justice of the rase, that this "notice which prevents the nomer from "doing what he pleases, wich his "land, is equivalent lo

air

actual

and entitles him to can

lathing, and

pensation

This

Casel

Alas

follaved by the

Quem &. The Brimingham and Oxford