fence Act, 60, sec. 36. (m.) SUBSEQUENT COMPENSATION FOR INTERESTS OMITTED TO BE PURCHASED. omitted to be If at any time after the said Secretary of State has entered Provision as upon any lands vested in him, any party appear to be entitled to interests to any estate, right, or interest in or charge affecting such lands, purchased. which through mistake and inadvertence has been omitted to be purchased or compensated for, the said Secretary of State shall nevertheless remain in the undisturbed possession of such lands, and shall be deemed to have an indefeasible title thereto, but shall pay compensation for any such estate, right, interest, or charge, which but for this enactment might be recovered or enforced, and also pay to such party or to any other party who may establish a right thereto full compensation for the mesne profits or interests which would have accrued to such parties respectively in respect thereof during the interval between the entry of the said Secretary of State thereon and the time of the payment of such compensation by the said Secretary of State so far as such mesne profits or interest may be recoverable at law or in equity: Such compensation shall be agreed on or awarded and paid in like manner as the same would have been agreed on or awarded and paid in case the said Secretary of State had purchased or compensated for such estate, right, interest, or charge before his entering upon such lands, or as near thereto as circumstances will admit. be estimated. In estimating the compensation to be given for any such How value of id, sec. 37. estate, right, interest, or charge affecting any lands, or for any such lands to mesne profits or interest, the Jury or Justices, as the case may be, shall assess the same according to the value of the lands at the time the same were entered upon by the said Secretary of State and without regard to any improvements or works made by him. -id, sec. 38. State to pay In addition to the said compensation the said Secretary of Secretary of State shall, when the right to any such estate, right, interest, the costs of or charge has been disputed by him and determined in favour litigation as to of the party claiming the same, pay the full costs1 and expenses such lands. of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof has taken place, and such costs and expenses shall, in case the same be disputed, be settled by the proper officer of the Court in which such litigation took place. As to the payment of costs generally by the Secretary of State, see note 1, page 38. Principal avail himself of certain powers con tained in 8 & 9. Vict., cap. 18, as to extinguishing rights of common, &c. (n.) AS TO THE EXTINGUISHMENT OF RIGHTS OF COMMON. In 1854 it was declared by Parliament to be expedient 17 and 18 Secretary may that greater facilities should be given to the War Depart-amended by ment to purchase common, commonable, and other rights: 22 Vict., it was therefore enacted that it shall be lawful for the c. 12, sec. 1. Principal Secretary for the time being (if he shall think proper so to do) to use and avail himself of all the powers and provisions contained in the Lands Clauses Consolidation Act, 1845, for the purpose of ascertaining, making, and paying compensation for and extinguishing all rights of common, commonable, and other rights in, over, or affecting any lands the soil of which is for the time being vested in the said Principal Secretary on behalf of Her Majesty, and for such purpose the Principal Secretary for the time being shall be deemed and taken to be the promoter of an undertaking within the meaning of the said Lands Clauses Consolidation Act, 1845, and all the powers and provisions of the last-mentioned Act may, if necessary, be treated as if they had been contained in the Defence Act, 1842, for the purpose of being used or made available by the said Principal Secretary for the time being: provided always, that nothing herein contained shall prejudice or affect the powers and authorities of the Principal Secretary for the time being under the lastmentioned Statute. Power of valuer appointed under to cease on purchase of common sec. 2. And in case the said Principal Secretary shall have purchased 22 Vict., c. 12, or shall hereafter purchase any land, and the common, Inclosure Act commonable, and other rights in and over the same, and a valuer shall have been appointed in the matter of any inclosure proceeding in respect of such lands under the provisions of rights by War" The Acts for the Inclosure, Exchange, and Improvement of Department. Land," the duties and powers of such valuer in relation to the land so purchased shall, upon payment of the purchase money for such common, commonable, and other rights over the same, cease and determine, and the Inclosure Commissioners for England and Wales shall, by an order under their seal, award such amount of compensation to such valuer as they shall deem just to be paid by the said principal officers, and such valuer shall be bound to accept the same as a full compensation for his services in the matter of the said inclosure, so far as respects the land, and common, commonable, and other rights so purchased. Purchase may be made although Inclosure Any purchase of the soil of any lands, or of any common, Ibid, sec. 3. commonable, or other rights in or over the same, which shall be made under the provisions of any Act of Parliament, shall be Proceedings valid in law to all intents and purposes, although at the time of pending. such purchase proceedings for an inclosure of such lands were or shall be proceeding. The powers and provisions of the Lands Clauses Consolidation Act, 1845, to be construed as contained in the 17 and 18 Vict., cap. 67, are as follows: And with respect to any such lands being common or waste lands, be it enacted as follows: Vict., c. 18, ec. 99. bid, sec. 100. Ibid, sec. 101. Ibid, sec, 102.. held of a manor, &c., The compensation in respect of the right in the soil of any Compensation. lands subject to any rights of common shall be paid to the Lord for common of the Manor, in case he shall be entitled to the same, or to lands, where such party, other than the commoners, as shall be entitled to such right in the soil; and the compensation in respect of all how to be other commonable and other rights in or over such lands, paid. including therein any commonable and other rights to which the Lord of the Manor may be entitled, other than his right in the soil of such lands, shall be determined and paid and applied in manner hereinafter provided with respect to common lands the right in the soil of which shall belong to the commoners; and upon payment or deposit in the bank of the compensation so determined all such commonable and other rights shall cease and be extinguished. pensation for Upon payment or tender to the Lord of the Manor, or such Lord of the other party as aforesaid, of the compensation which shall have Manor, &c. to been agreed upon or determined in respect of the right in the convey to the promoters of soil of any such lands, or on deposit thereof in the bank in any the underof the cases hereinbefore in that behalf provided, such Lord of taking, on receiving comthe Manor, or such other party as aforesaid, shall convey such lands to the promoters of the undertaking, and such conveyance his interest. shall have the effect of vesting such lands in the promoters of the undertaking in like manner as if such Lord of the Manor, or such other party as aforesaid, had been seised in fee simple of such lands at the time of executing such conveyance; and in default of such conveyance it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them, and thereupon the lands in respect whereof such last-mentioned compensation shall have been deposited as aforesaid shall vest absolutely in the promoters of the undertaking, and they shall be entitled to immediate possession thereof, subject nevertheless to the commonable and other rights theretofore affecting the same, until such rights shall have been extinguished by payment or deposit of the compensation for the same in manner hereinafter provided. lands not held of a manor, The compensation to be paid with respect to any such lands, Compensation being common lands, or in the nature thereof, the right to the for common soil of which shall belong to the commoners, as well as the compensation to be paid for the commonable and other rights how to be in or over common lands the right in the soil whereof shall not ascertained. belong to the commoners, other than the compensation to the Lord of the Manor or other party entitled to the soil thereof, in respect of his right in the soil thereof, shall be determined by agreement between the promoters of the undertaking and a committee of the parties entitled to commonable or other rights in such lands to be appointed as next herein-after mentioned. It shall be lawful for the promoters of the undertaking to A meeting. convene1 a meeting of the parties entitled to commonable or of the parties 1 See the form used, No. 14, Appendix, p. 230. be convened. interested to other rights over or in such lands to be held at some convenient place in the neighbourhood of the lands, for the purpose of their appointing a committee to treat with the promoters of the undertaking for the compensation to be paid for the extinction of such commonable or other rights; and every such meeting shall be called by public advertisement to be inserted once at least in two consecutive weeks in some newspaper circulating in the county or in the respective counties and in the neighbourhood in which such land shall be situate, the last of such insertions being not more than fourteen nor less than seven days prior to any such meeting; and notice of such meeting shall also, not less than seven days previous to the holding thereof, be affixed upon the door of the parish church where such meeting is intended to be held, or if there be no such church some other place in the neighbourhood to which notices are usually affixed; and if such lands be parcel or holden of a manor a like notice shall be given to the lord of such manor. Meeting to appoint a committee. Committee to agree with the promoters of the under taking. Disputes to be settled as in other cases. If no committee be appoir ted, the amount to be deter mined by a surveyor. Upon pay. ment of It shall be lawful for the meeting so called to appoint a 8 Vict., c. 18, committee not exceeding five in number of the parties entitled sec. 103. to any such rights, and at such meeting the decision of the majority of the persous entitled to commonable rights present shall bind the minority and all absent parties. It shall be lawful for the committee so chosen to enter into Ilid, sec. 104. an agreement with the promoters of the undertaking for the compensation to be paid for the extinction of such commonable and other rights and all matters relating thereto, for and on behalf of themselves and all other parties interested therein; and all such parties shall be bound by such agreement; and it shall be lawful for such committee to receive the compensation so agreed to be paid, and the receipt of such committee, or of any three of them, for such compensation, shall be an effectual discharge for the same, and such compensation, when received, shall be apportioned by the committee among the several persons interested therein according to their respective interest, but the promoters of the undertaking shall not be bound to see to the apportionment or to the application of such compensation, nor shall they be liable for the misapplication or nonapplication thereof. If upon such committee being appointed they shall fail to Ibid, sec. 105. agree with the promoters of the undertaking as to the amount of the compensation to be paid as aforesaid, the same shall be determined as in other cases of disputed compensation. If, upon being duly convened by the promoters of the under- Ibid, sec. 106. taking, no effectual meeting of the parties entitled to such commonable or other rights shall take place, or if, taking place, such meeting fail to appoint such committee, the amount of such compensation shall be determined by a surveyor to be appointed by two justices as herein-before provided in the case of parties who cannot be found. Upon payment or tender to such committee, or any three of Ibid, sec. 107. them, or if there should be no such committee then upon efence Act, 542, secs. 16 d 17. efence Act, 360, sec. 40. bid, sec. 41. commoners deposit in the bank in the manner provided in the like case of compensation The responsibility of the Secretary of State ceases with the (o.) AS TO STOPPING UP HIGHWAYS. stop up and It shall be lawful for the Principal Secretary' for the time Principal being, for the service of the War Department, or for the de- Secretary may fence of the Realm, to stop up or divert any public or private divert footfootpaths or bridle-roads: Provided always, that whenever any paths. footpath or bridle-road shall be stopped up as aforesaid, another path or road shall be provided and made in lieu thereof respectively, at the expense of the War Department, and at such convenient distance therefrom as to the Principal Secretary for the time being shall seem proper and necessary. ways, &c. It shall be lawful for the said Secretary of State, without Power to divert highany writ being issued or other legal proceeding being adopted, to stop up or divert or alter the level of any highway, way, sewer, drain, or pipe over, through, under, or adjoining any lands comprised in any declaration made under the Defence Act, 1860, he, if necessary, previously making, opening, or laying down another good and sufficient way, sewer, drain, or pipe in lieu of that stopped up or diverted. It shall be lawful for the said Secretary of State to alter the course and level of any river not navigable, brook, stream, or watercourse, and any branch of any navigable river (such branch not itself being navigable) within or adjoining such lands, making compensation for any damage sustained by reason of the exercise of such powers, such compensation to be determined and paid in like manner as other compensation under the Act of 1860, or as near thereto as circumstances admit. As to form of the notice or order, see No. 17, Appendix, p. 234. Power to alter the course of brooks, &c |