By the Lands Clauses Consolidation Act, 1845, the promoters of the undertaking authorized by the special Act, are required, within the periods thereby prescribed, or, if no period be prescribed, within ten years after the expiration of the time thereby limited for the completion of the works, to sell such lands as shall not be required for the purposes of the undertaking; and such superfluous lands, unless they be situate in a Town (t), or be lands built upon or used for building purposes, are to be first offered to the person then entitled to the lands, if any, from which the same were originally severed; or, if he refuse, or for six weeks neglect to signify his wish, to purchase the same or cannot be found, then to other adjoining owners; and unless a sale be made either to such person, or adjoining owners, or some other person, the superfluous lands remaining unsold at the expiration of such period are to vest in and become the property of the owners of the land adjoining thereto, in proportion to the extent of their lands respectively adjoining the same (u): the right of pre-emption above noticed would seem not to affect a contract entered into with a third party for the sale of superfluous land, if the offer to the parties entitled to pre-emption be made and rejected before conveyance (v).

Right to, lost by acquiescence or confirmation.

Rights of pre-emption, etc, of vendors under Lands Clauses Consolidation Act, 1845, in respect of superfluous lands.

(o) Bawtree v. Watson, 3 Myl. & K. see p. 341, and earlier cases cited; see Sug. 326.

(p) Wood v. Abrey, 3 Madd. see p. 424.

(q) See Gerrard v. O'Reilly, 3 Dru. & W. 414.

(r) Vide supra, pp. 25, 26; and see Knight v. Marjoribanks, 11 Beav. 322; Farmer v. Farmer, 1 H. L. C. 724; Sibbering v. Earl of Balcarres, 14 Jur. 753, V. C. K. B. way Company v. Goodchild, 8 Jur.

(s) Clifford v. Turrell, 1 Y. & C. C. C. 138; affirmed 9 Jur. 633.

(t) The word "Town" has been held to mean, the space on which the dwelling-houses are collected so near each other that they may be said to be continuous; so also an open space occupied as a mere accessory to the convenience of a dwelling - house, would seem to come within the term; Elliot v. South Devon Railway Com-pany, 5 Rail. Ca. 500.