Portions of accruing by reason of the issuing and Execution of such Warrant, to be settled by the Sheriff, shall be paid by the Person refusing to give Possession; and the Amount of such Costs shall be deducted and retained by the Promoters of the Undertaking from the Compensation, if any, then payable by them to such Party, or if no such Compensation be payable to such Party, or if the same be less than the Amount of such Costs, then such Costs, 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. 92. And be it enacted, That no Party shall at any Time be Parties not required to sell or convey to the Promoters of the Undertaking a Part only of any House or Building or Manufactory, if such Party be willing and able to sell and convey the Whole thereof. to be re quired to sell Part of a Intersected Owners of And with respect to small Portions of Intersected Land, be it enacted as follows: 93. If any Lands, not being situate in a Town or built upon, shall be so cut through and divided by the Works as to leave, either on both Sides or 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 neeted with 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. or on its being properly con adjoining lands, Company 94. If any such Land shall be so cut through and divided may insist on as to leave on either Side of the Works a Piece of Land of Purchase less Extent than Half a Statute Acre, or of less Value than where Expense of the Expense of making a Bridge, Culvert, or such other ComBridges, &c., would exceed munication between the Land so divided as the Promoters of the Value: the Undertaking are, under the Provisions of this or the special Act, or any Act incorporated therewith, compellable 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 Disputes as Value of such Piece of Land, or as to what would be the Ex- to Value, &c., pense of making such Communication, shall be ascertained as by Arbitraherein provided for Cases of disputed Compensation"; and on Jury, &c. 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. to be settled tration or And with respect to Copyhold Lands, be it enacted as follows: Copyholds. 95. Every Conveyance to the Promoters of the Undertaking Conveyance of any Lands which shall be of Copyhold or Customary Lands to be of Copyhold Tenure, or of the Nature thereof, shall be entered on the Rolls enrolled. of the Manor of which the same shall be held or parcel; and Fees. 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. be enfran 96. Within Three Months after the Enrolment of the Con- Copyhold veyance of any such Copyhold or Customary Lands, or within Lands to One Month after the Promoters of the Undertaking shall enter chised. 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 Pro of Manor. moters 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 Compensa- same, and shall pay to him such Compensation in respect tion to Lord 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. Lord of the Manor to enfranchise of Compensation. 97. Upon Payment or Tender of the Compensation so agreed upon or determined, or on Deposit thereof in the on Payment Bank in any of the Cases herein-before in that Behalf provided, the Lord of the Manor whereof such Copyhold or Customary Lands shall be holden, shall enfranchise such Lands; and the Lands so enfranchised shall for ever thereafter be held in Free and Common Soccage; and in default of such Enfranchisement by the Lord of the Manor, or if he fail to adduce a good Title thereto to the Satisfaction of the Promoters of the Undertaking, it shall be lawful for them, if Deed Poll. 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 the Enfranchisement whereof such Compensation shall have been deposited as aforesaid shall be deemed to be enfranchised, and shall be for ever thereafter held in Free and Common Soccage. Apportion- 98. If any such Copyhold or Customary Lands be subject to any customary or other Rent, and Part only of the Land subject to 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, Reservation the Lord of the Manor shall have all the same Rights and of rights of Remedies over the Lands to which such apportioned Rent Manor in shall have been assigned or attributed as he had previously respect of over the whole of the Lands subject to such Rents for the rents. Whole of such Rents. Lord of apportioned Lands. And with respect to any such Lands, being Common or Waste Common Lands, be it enacted as follows: tion for Com where held be paid. 99. The Compensation in respect of the Right in the Soil of Compensaany Lands subject to any Rights of Common, shall be paid to mon Lands, the Lord of the Manor, in case he shall be entitled to the same, of a Manor, or to such Party, other than the Commoners, as shall be entitled &c. how to to such Right in the 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. to convey to moters of the 100. Upon Payment or Tender to the Lord of the Manor, Lord of the or such other Party as aforesaid, of the Compensation which Manor, &c. shall have been agreed upon or determined in respect of the the ProRight in the Soil of any such Lands, or on Deposit thereof in Underthe Bank in any of the Cases herein-before in that Behalf taking, on provided, such Lord of the Manor, or such other Party as afore- Compensa § 101 et seq. receiving Interest. tion for his said, shall convey such Lands to the Promoters of the Undertaking; and such Conveyance 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 l'arty 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 UnderDeed Poll. taking, 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 herein-after provided. Compensa tion for Common 101. 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 to be ascer- other Rights in or over Common Lands the Right in the Soil Lands not held of a Manor how tained. A Meeting of the Par ties inte convened. 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. 102. It shall be lawful for the Promoters of the Undertaking to convene a Meeting of the Parties entitled to commonable or rested to be 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 • § 75, 77. |