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or the Excess thereof beyond such Compensation, if not paid on Demand, shall be levied by Distress, and upon Application to any Justice for that Purpose he shall issue his Warrant accordingly.
XCII. And be it enacted, That no Party shall at any Time be required to sell or convey to the Promoters of the Undertaking a Part only of any House or other Building or Manufactory, if such Party be willing and able to sell and convey the whole thereof.
Appendix No. 6. 8 Vic. c. 18.
Parties not to be
required to sell
Part of a House
And with respect to small Portions of intersected Land, be it enacted Intersected as follows: Lands. XCIII. If any Lands not being situate in a Town or built upon shall Owners of interbe so cut through and divided by the Works as to leave, either on both may insist on Sides or on one Side thereof, a less Quantity of Land than Half a Statute Acre, and if the Owner of such small Parcel of Land require the Promoters of the Undertaking to purchase the same along with the other Land required for the Purposes of the special Act, the Promoters of the Undertaking shall purchase the same accordingly, unless the Owner thereof have other Land adjoining to that so left into which the same can be thrown, so as to be conveniently occupied therewith; and if such Owner have any other Land so adjoining, the Promoters of the Undertaking shall, if so required by the Owner, at their own Expense, throw the Piece of Land so left into such adjoining Land, by removing the Fences and levelling the Sites thereof, and by soiling the same in a sufficient and workmanlike Manner.
XCIV. If any such Land shall be so cut through and divided as to Promoters of the leave on either Side of the Works a Piece of Land of less Extent than may insist on Half a Statute Acre, or of less Value than the Expense of making a Expence of Bridges, &c. Bridge, Culvert, or such other Communication between the Land so exceeds the divided as the Promoters of the Undertaking are, under the Provisions of this or the special Act, or any Act incorporated therewith, compelable to make, and if the Owner of such Lands have not other Lands adjoining such Piece of Land, and require the Promoters of the Undertaking to make such Communication, then the Promoters of the Undertaking may require such Owner to sell to them such Piece of Land, and any Dispute as to the Value of such Piece of Land, or as to what would be the Expense of making such Communication, shall be ascertained as herein provided for Cases of disputed Compensation; and on the Occasion of ascertaining the Value of the Land required to be taken for the Purposes of the Works, the Jury or the Arbitrators, as the Case may be, shall, if required by either Party, ascertain by their Verdict or Award the Value of any such severed Piece of Land, and also what would be the Expense of making such Communication.
And with respect to Copyhold Lands, be it enacted as follows:
Appendix No. 6. 8 Vic. c. 18.
Conveyance of Copyhold Lands to be enrolled.
Copyhold Lands to be entran
Lord of the
Manor to enfranchise on Pay
XCV. Every Conveyance to the Promoters of the Undertaking of any Lands which shall be of Copyhold or Customary Tenure or of the Nature thereof shall be entered on the Rolls of the Manor of which the same shall be held or parcel; and on Payment to the Steward of such Manor of such Fees as would be due to him on the Surrender of the same Lands to the Use of a Purchaser thereof he shall make such Enrolment; and every such Conveyance, when so enrolled, shall have the like Effect, in respect of such Copyhold or Customary Lands, as if the same had been of Freehold Tenure, nevertheless, until such Lands shall have been enfranchised by virtue of the Powers herein-after contained, they shall continue subject to the same Fines, Rents, Heriots, and Services as were theretofore payable and of Right accustomed.
XCVI. Within Three Months after the Enrolment of the Conveyance of any such Copyhold or Customary Lands, or within One Month after the Promoters of the Undertaking shall enter upon and make use of the same for the Purposes of the Works, whichever shall first happen, or if more than One Parcel of such Lands holden of the same Manor shall have been taken by them, then, within One Month after the last of such Parcels shall have been so taken or entered on by them, the Promoters of the Undertaking shall procure the whole of the Lands holden of such Manor so taken by them to be enfranchised, and for that Purpose shall apply to the Lord of the Manor whereof such Lands are holden to enfranchise the same, and shall pay to him such Compensation in respect thereof as shall be agreed upon between them and him, and if the Parties fail to agree respecting the Amount of the Compensation to be paid for such Enfranchisement the same shall be determined as in other Cases of disputed Compensation; and in estimating such Compensation the Loss in respect of the Fines, Heriots, and other Services payable on Death, Descent, or Alienation, or any other Matters which would be lost by the vesting of such Copyhold or Customary Lands in the Promoters of the Undertaking, or by the Enfranchisement of the same, shall be allowed for.
XCVII. Upon Payment or Tender of the Compensation so agreed upon or determined, or on Deposit thereof in the Bank in any of the ment of Compen- Cases herein-before in that Behalf provided, the Lord of the Manor
whereof such Copyhold or Customary Lands shall be holden shall
been deposited as aforesaid shall be deemed to be enfranchised, and shall be for ever thereafter held in Free and Common Soccage.
XCVIII. If any such Copyhold or Customary Lands be subject to Apportionment any customary or other Rent, and Part only of the Land subject to Rents. any such Rent be required to be taken for the Purposes of the special Act, the Apportionment of such Rent may be settled by Agreement between the Owner of the Lands and the Lord of the Manor on the one Part, and the Promoters of the Undertaking on the other Part, and if such Apportionment be not so settled by Agreement, then the same shall be settled by Two Justices; and the Enfranchisement of any Copyhold or Customary Lands taken by virtue of this or the special Act, or the Apportionment of such Rents, shall not affect in other respects any Custom by or under which any such Copyhold or Customary Lands not taken for such Purposes shall be held; and if any of the Lands so required be released from any Portion of the Rents to which they were subject jointly with any other Lands, such last-mentioned Lands shall be charged with the Remainder only of such Rents; and with reference to any such apportioned Rents, the Lord of the Manor shall have all the same Rights and Remedies over the Lands to which such apportioned Rent shall have been assigned or attributed as he had previously over the whole of the Lands subject to such Rents for the whole of such Rents.
held of a Manor,
And with respect to any such Lands being Common or Waste Lands, Common be it enacted as follows: Lands. XCIX. 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 of the Manor, in case he shall be entitled to the same, or to such Party, &c., how to be other than the Commoners, as shall be entitled to such Right in the paid. Soil; and the Compensation in respect of all other commonable and other Rights in or over such Lands, including therein any commonable or 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 herein-after 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.
nor, &c. to con
moters of the
receiving Compensation for
C. Upon Payment or Tender to the Lord of the Manor, or such other Lord of the Ma Party as aforesaid, of the Compensation which shall have been agreed vey to the Proupon or determined in respect of the Right in the Soil of any such Lands, or on Deposit thereof in the Bank in any of the Cases herein. before in that Behalf provided, such Lord of the Manor, or such other his Interest. Party as aforesaid, shall convey such Lands to the Promoters of the Undertaking, and such Conveyance shall have the Effect of vesting
Appendix such Lands in the Promoters of the Undertaking, in like Manner as No. 6. 8 Vic. c. 18, 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 herein-before 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 berein-after provided.
for Common Lands where not held of a Manor how to be ascertained.
A Meeting of the parties interested to be convened.
Meeting to ap
point a Committee.
CI. The Compensation to be paid with respect to any such Lands, being Common Lands, or in the Nature thereof, the Right to the Soil of which shall belong to the Commoners, as well as the Compensation to be paid for the commonable and other Rights in or over Common Lands the Right in the Soil whereof shall not 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.
CII. It shall be lawful for the Promoters of the Undertaking to convene a Meeting of the Parties entitled to commonable or 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 Advertisment 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 Lands 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.
CIII. It shall be lawful for the Meeting so called to appoint a Committee not exceeding Five in Number of the Parties entitled to any
such Rights, and at such Meeting the Decision of the Majority of the Persons entitled to commonable Rights present shall bind the Minority 8 and all absent Parties.
agree with the Undertaking.
CIV. It shall be lawful for the Committee so chosen to enter into Committee to an Agreement with the Promoters of the Undertaking for the Com- Promoters of the pensation 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 Interests, 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.
settled as in
CV. If upon such Committee being appointed they shall fail to Disputes to be agree with the Promoters of the Undertaking as to the Amount of the other Cases. Compensation to be paid as aforesaid the same shall be determined as in other Cases of disputed Compensation.
CVI. If, upon being duly convened by the Promoters of the Under- If no Committee taking, no effectual Meeting of the Parties entitled to such common- the Amount to able or other Rights shall take place, or if, taking place, such Meeting by a surveyor. 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.
moners the Lands
CVII. Upon Payment or Tender to such Committee, or any Three Upon Payment of them, or if there shall be no such Committee then upon Deposit in payable to Comthe Bank in the Manner provided in the like Case of the Compensation to vest. which shall have been agreed upon or determined in respect of such commonable or other Rights, it shall be lawful for the Promoters of the Undertaking, if they think fit, to execute a Deed Poll, duly stamped in the Manner herein-before provided in the Case of the Purchase of Lands by them, and thereupon the Lands in respect of which such Compensation shall have been so paid or deposited shall vest in the Promoters of the Undertaking, freed and discharged from all such commonable or other Rights, and they shall be entitled to immediate Possession thereof; and it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, by an Order to be made upon Petition, to order Payment of the Money so deposited to a Committee to be appointed as aforesaid, or to make such other Order in respect thereto, for the Benefit of the Parties interested, as it shall think fit.