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said; or in case of his, her, or their neglecting or refusing to convey, assign, or transfer as herein-before directed, then the Amount of such Value and Compensation shall be paid into the Bank of England to the Credit of the said Mortgagee or Mortgagees as by this Act is provided in Cases of a like Nature; and such Payment to the Mortgagee or Mortgagees, or into the Bank as last aforesaid, shall be accepted in satisfaction of the Claim of such Mortgagee or Mortgagees, so far as the same will extend, and also in full Discharge and Exoneration of such Part of the mortgaged Premises as shall be so taken or used from all Principal and Interest and other Money due or secured thereon, and thereupon such mortgaged Lands or Hereditaments shall become absolutely vested in the Queen's Majesty, Her Heirs and Successors, who shall be deemed to be in the actual Possession thereof to all Intents and Purposes whatsoever: Provided nevertheless, that all Mortgagees shall have the same Powers and Remedies for recovering or compelling Payment of their Mortgage Money, or the Residue thereof, (as the Case may be,) or the Interest thereof respectively upon and out of the Residue of the mortgaged Lands or Hereditaments not required for the Purposes aforesaid, as they would have had or been entitled to for recovering or compelling Payment thereof upon or out of the whole of the Lands or Hereditaments originally comprised in such Mortgage: Provided also, that when a Part only of the Lands or Hereditaments (subject to any Mortgage) shall have been taken for the Purposes of this Act as aforesaid, and the Value of the Lands or Hereditaments so taken shall, on the Assignment or Conveyance thereof to the Queen's Majesty, Her Heirs and Successors, have been paid to the Mortgagee or Mortgagees thereof in part Satisfaction of his, her, or their Mortgage Debt, a Memorandum of what shall have been so paid shall be endorsed on the Deed creating such Mortgage at the Time of executing such Assignment or Conveyance to Her Majesty, and shall be signed by such Mortgagee or Mortgagees; and a Copy of such Memorandum shall at the same Time (if required) be furnished by the said Commissioners to the Person or Persons so entitled as aforesaid to the Equity of Redemption of the Lands or Hereditaments comprised in such Mortgage Deed.
XXXV. And be it enacted, That every Tenant at Will or Lessee for a Year, or any other Person or Persons in possession of any Lands, Tenements, or Hereditaments, or any Part thereof, which shall be purchased by virtue of this Act, or vested in Her Majesty for the Purposes aforesaid, who shall have no greater Interest in the Premises than as Tenant at Will or Lessee for a Year or from Year to Year, shall at the End of Six Calendar Months next after Notice in Writing signed by the said Commissioners shall have been given to him, her, or them, or left at the Premises which are the Subject of such Notice, and whether such Notice be given with reference to the Time or Times of such Tenants holding or not, quit and relinquish the said Premises unto the said Commissioners, or to such
Tenants at Will,
or from Year to
Year, to quit after Notice.
Person or Persons as shall be by them authorized to receive Possession thereof; and in case any such Lessee shall be compelled to quit before the Expiration of his or her Term or Interest in any such Premises, then and in such Case the said Commissioners shall give Satisfaction and Compensation for the Loss or Damage which he or she shall sustain thereby; and in case of any Difference as to the Amount of such Satisfaction or Compensation, the same shall or may be settled and ascertained by a Jury in the same Manner as the Sums of Money to be paid for the Purchase of any Lands, Tenements, or Hereditaments are herein-before directed to be ascertained, or, if the said Commissioners and the other Parties in difference shall agree, the same may be settled by a Reference to the Award of Arbitrators, to be chosen by the Parties in difference; and that all and every Person or Persons, Bodies Corporate, Collegiate, or Ecclesiastical, Corporations Aggregate or Sole, in possession of any Lands, Tenements, or Hereditaments which shall or may be purchased in pursuance of this Act by the said Commissioners, or vested in Her Majesty for any of the Purposes aforesaid, shall upon Tender or Payment as aforesaid of such Recompence or Satisfaction for any of his, her, or their Term, Estate, or Interest in the Premises as shall be mutually agreed upon, or as shall be settled, ascertained, and awarded by any Referee or Referees or Umpire, or by Verdict or Inquisition of a Jury, in manner aforesaid, quit and relinquish the said Premises so in their respective Possessions unto the said Commissioners, or to such Person or Persons as shall be by them authorized to receive Possession of the same, and all the Leases, Demises, Contracts, and Agreements whatsoever, under or by virtue whereof any such Person or Persons shall hold the said Premises, shall at and from the End and Expiration of such Six Calendar Months, or upon such Payment or Tender as aforesaid, be absolutely void and of none Effect as against Her Majesty, Her Heirs and Successors, or the said Commissioners; and if any such Tenant at Will, or Lessee, or other Person or Persons, Bodies Corporate or Collegiate or Ecclesiastical, Corporations Aggregate or Sole as aforesaid, shall refuse or neglect to deliver up the Premises in his, her, or their Possession at the Expiration of such Six Calendar Months, or upon such Payment or Tender as aforesaid, it shall be lawful for any Justice of the Peace for the said County to issue his Precept or Warrant to the Constables of the said County, or any of them, or to any Person or Persons to be by such Justice appointed a Constable or Constables for that especial Purpose, commanding and requiring such Constable or Constables, or any of them, to cause Possession of the said Premises to be taken and afterwards delivered to such Person or Persons as shall in such Precept or Warrant be nominated to receive the same by such Commissioners; and the said Constables, and every of them, are and is thereupon hereby authorized and required to cause such Possession to be taken and delivered accordingly.
may refer to
XXXVI. And be it enacted, That all Persons hereby capa- Persons authocitated to sell, and all Persons who are herein-before authorized rized to sell to have their Estates, Rights, Interests, or Damages assessed Arbitrators to and ascertained by a Jury in manner aforesaid, and who may fix the Price. not agree with the said Commissioners as to the Price to be paid in respect of such Estates, Rights, Interests, or Damages, may, if they shall think fit, agree with the said Commissioners to refer it to any Person or Persons to ascertain the Amount to be paid; and every such Agreement, and the Awards of any Referee or Referees to be made in Writing in pursuance of any such Agreement, shall be in all respects binding and effectual on all Parties.
For ascertainthe Value
to be called.
XXXVII. And be it enacted, That for ascertaining the Value of the Estates, Rights, and Interests claimed by any Person or Persons in the said common or commonable Lands (other than the Crown in right of the Soil or otherwise), and for settling and apportioning the Amount of Compensation to be made for the same, it shall be lawful for the said Commissioners, or any Two of them, to call a Meeting of the Persons Meeting of claiming any such Estates, Rights, or Interests as aforesaid, at Persons claimsuch Time and Place in the said County as the said Commis- ing Estates, &c. sioners, or any Two of them, shall appoint, by a public Notice thereof in Writing under their Hands, to be affixed at least Twenty-one Days before such Meeting on the principal outer Door of the Parish Church of Portland, or in some public and conspicuous Place within the Isle of Portland, and to be twice at least, during such Twenty-one Days, inserted in One of the public Newspapers published or generally circulated in the said County; and at such Meeting the Majority of Persons having or claiming any such Estates, Rights, or Interests in, upon, or over the said common or commonable Lands as aforesaid shall elect from among themselves Five Persons, who, within Four- A Valuer to be teen Days from the Time of such Meeting, shall name One appointed on Person as the Valuer on behalf of the said Claimants, to ascer- Claimants. tain the Value of such Estates, Rights, or Interests, and shall, by a Writing under their Hands, or under the Hands of any Three of them, give Notice to the said Commissioners of the Person or Persons so nominated by them as aforesaid.
XXXVIII. And be it enacted, That the said Commis- Commissioners sioners shall, within Fourteen Days after receiving such Notice of Woods, &c. to appoint a as aforesaid, name one Person to be the Valuer on behalf of Valuer. Her Majesty, Her Heirs and Successors, of the Estates, Rights, and Interests had or claimed in the said common or commonable Lands, and the said Valuers so respectively appointed as Umpire to be aforesaid shall, within Ten Days after the said last-mentioned appointed. Valuer shall have been appointed, by a Writing under their Hands, name a Third Person as Umpire before they proceed upon any Business under the Provisions of this Act; or in If Valuers cancase the said Valuers cannot agree in the Choice of an Umpire, not agree as to the Appointthen it shall be lawful for "The Inclosure Commissioners for ment of an UmEngland and Wales," by some Writing under their Seal, to pire, Inclosure appoint an Umpire; and the Valuation of the said Valuers and Commissioners
to appoint one.
In default of
missioners to appoint.
Valuers and Umpire may require Pro duction of Deeds, &c.
Valuation to include all
Umpire, or any Two of them, as to the Amount of the Value of the said Rights and Interests, shall, if made in Writing within Thirty Days from the Day of the Date of the Appointment of the said Umpire, and if delivered to the Office of the said Commissioners, be binding on all Parties, and be taken to be the Price to be paid for such Rights and Interests. XXXIX. And be it enacted, That in case, for any Reason whatever, the said Five Persons shall not be elected and named at such Meeting as aforesaid, or if they shall neglect or refuse to appoint such Valuer, or if the said Valuers or their Umpire should refuse, decline, or become incapable of making such Valuation, or if by any Reason whatsoever, except by reason of the Default of the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings to comply with the Directions of this Act, the said Valuation shall not be made within Six Calendar Months from the passing of this Act, then it shall be referred to a Person to make such Valuation who shall be appointed by "The Inclosure Commissioners for England and Wales," and the Award in Writing of such Person, so appointed as last aforesaid, shall be binding on all Parties.
XL. And be it enacted, That the said Valuers and Umpire shall and may and they are hereby authorized and empowered to call for and compel the Production of any Records, Deeds, or Writings, or any other Proof or Evidence relating to the Nature of the Estates, Rights, or Interests held or claimed in the said common or commonable Lands, and the Value thereof, and also to receive any Evidence on Oath or on Affirmation, in Cases where Affirmation is allowed by Law instead of Oath, touching the Nature and Value of such Estates, Rights, and Interests, and in like Manner to carry on and prosecute all such other Inquiries and Examinations as in their Opinion may be necessary or expedient for ascertaining the Nature and Value of such Estates, Rights, or Interests; and any Person who, upon receiving due Notice, shall refuse or neglect to appear before the said Valuers and Umpire, or to produce such Records, Deeds, or Writings, or to give such Evidence, without reasonable Excuse for such Refusal or Neglect, shall, on Application to any Justice of the Peace for the said County, forfeit any Sum, not exceeding Ten Pounds nor less than Two Pounds, as such Justice may determine, to be recovered by Distress on the Offender's Goods, to be levied under the Warrant to be issued by such Magistrate.
XLI. And be it enacted, That the said Valuation shall Costs incurred. include all Costs and Charges which may be necessarily incurred in ascertaining the Nature and Value of the said Estates, Rights, and Interests, including the Allowance to the said Valuers and Umpire: Provided nevertheless, that the Amount of such Costs and Charges shall be approved of and allowed by the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, previously to the Publication of the Valuation as aforesaid.
XLII. And be it enacted, That so soon as such Valuation As soon as shall have been so made and published as aforesaid, and upon Valuation Payment of the Amount at which the said Estates, Rights, Amount paid, and Interests shall have been so valued (exclusive of the afore Commons, &c. said Amount of Costs and Expences as aforesaid) into the Bank to be freed from all Rights, &c. of England to the Account of "The Inclosure Commissioners for England and Wales," the said common and commonable Lands and Hereditaments shall be absolutely freed and discharged from all such Rights, Estates, and Interests as aforesaid: Provided nevertheless, that no Objection shall be made to any such Valuation as aforesaid by reason that the said Meeting was not duly called, or that any of the Parties present were not so entitled as aforesaid, or that the said Parties, so appointed, did not duly appoint the said Valuer; and as regards the Amount of such Costs and Expences so directed to be ascertained as aforesaid, the same shall be paid by the said Commissioners of Woods, Forests, Land Revenues, Works, and Buildings, as Part of the Purchase Money for the said Estates, Rights, and Interests, to the Persons respectively entitled to receive the same.
agree for Price
XLIII. And be it enacted, That, notwithstanding any thing Commissioners herein-before contained, it shall be lawful for the said Commis- of Woods may sioners of Her Majesty's Woods, Forests, Land Revenues, to be paid for Works, and Buildings to agree with the said Five Persons so to such Rights, be named for the Purpose of appointing a Valuer as aforesaid &c. instead of for the Amount or Price to be paid for such Estates, Rights, and Interests, instead of referring the Question of the Value Valuers. thereof to the said Valuers as aforesaid, and the Amount agreed on shall be paid into the Bank of England in manner aforesaid, and shall be binding on all Parties.
XLIV. And be it enacted, That as soon as the said Monies As soon as the shall have been paid into the Bank as aforesaid the said Inclo- said Monies sure Commissioners for England and Wales, or any Assistant shall be paid Commissioner appointed or to be appointed by them for that Inclosure ComPurpose, shall proceed to ascertain, determine, and award the missioners shall Names of the Parties who were entitled to such Estates, Rights, ermine the proceed to deand Interests in the said common and commonable Lands, and Names of the the Amount or Value of their respective Shares, Rights, and Parties entitled. Interests therein, and the proportionate Amount of the Price so to be paid as aforesaid for such Estates, Rights, and Interests to which each Party so entitled as aforesaid is entitled in respect of his Share, Right, or Interest as aforesaid; and the Award of the said last-mentioned Commissioners under their Common Seal, or Assistant Commissioner in Writing under his Hand and Seal, shall be binding on all Parties claiming such Estates, Rights, and Interests as aforesaid; and, for the Purpose of Inclosure Comascertaining the Rights and Interests of such Parties as afore- missioners may call Meetings said, it shall be lawful for the said Inclosure Commissioners or to ascertain Assistant Commissioner to call such Meetings as they or he Rights, &c. of shall think fit of all Persons having or claiming any such Rights or Interests in the said common and commonable Lands as aforesaid, at such Time and Place as the said Commissioners [No. 19. Price 2d.] T