The South Wales Fiailway Company, having power to take and purchase lands and to construct a railway according to the plans and books of reference deposited under their Act, gave notice to the Llanelly Railway and Dock Company that they (the South Wales Railway Company) required to purchase a small piece of land, on part of which the Llanelly Railway was actually constructed, such piece of land being set out, in the said plans and books of reference, as part of the proposed line of the South Wales Railway : but they afterwards refused to issue their warrant to the sheriff to assess the amount of purchase moriey, on the ground that the Llanelly Railway and Dock Company had no power under their Act to sell any portion of land on which their railway was constructed. Held, on mandamus to the South Wales Railway Company to issue their warrant, that, as there was no express clause in any special or general Act of Parliament, which authorised either the Llanelly Railway and Dock Company to sell any part of their actual line of railway, or the South Wales Railway Company to purchase it, the authority was not to be implied from the general power given to the South Wales Railway Company to make their line, and to purchase lands, according to their deposited plans and books of reference.
Citations:
[1850] EngR 364, (1850) 14 QB 902, (1850) 117 ER 346
Links:
Land
Updated: 11 May 2022; Ref: scu.297711
