No. XV. or taken for the purposes of this Act, any part or parts of the present or old roads in lieu of and in exchange for the same, in such way and manner as such trustees, or commissioners, and owners, or proprietors shall 3 Geo. IV. agree upon and think fit. LXXXVII. And be it further enacted, That in case any jury or juries to be summoned and sworn pursuant to the directions and authority of this Act, shall give in and deliver a verdict or assessment for more money as a recompence or satisfaction for the right interest or property of any person or persons in any such lands, tenements, hereditaments, or premises, or for any loss or damage to be by him her or them sustained, than what shall have been agreed to and offered by such trustees or commissioners before the summoning or returning the said jury or juries, as a recompence or satisfaction for any such right interest or property or for any loss or damage as aforesaid, then and in such case the costs and expences of summoning and maintaining the said jury and witnesses and all other expences attending the hearing and determining such difference, shall be borne and paid by the treasurer to the trustees or commissioners, out of any money which shall then be in his hands, or out of any monies to be received by virtue of the Act for repairing and maintaining such turnpike road, such costs and expences to be settled and ascertained by some justice of the peace for the county or place wherein the dispute shall have arisen not interested in the matter in question, who is hereby authorized and empowered to settle and determine the same, and to make an order on the treasurer of the trustees or commissioners liable thereto for the payment thereof; but if any such jury or juries so summoned and sworn as aforesaid shall give in and deliver a verdict or assessment for no more or for less money than shall have been agreed to and offered by the trustees or commissioners before the summoning and returning of the said jury or juries, as a recompence and satisfaction for any such right interest or property in any such lands, tenements, hereditaments, or premises, or losses, or damages as aforesaid, then the costs and expences of summoning and maintaining the said jury and witnesses and all other expences as aforesaid, shall be borne and paid by the person or persons with whom such trustees or commissioners shall have such controversy or dispute; which said costs and expences having been ascertained and settled by some justice of the peace for the county riding or place wherein the cause of dispute shall arise, not interested in the matter in question, (who is hereby required to examine and settle the same,) shall and may be deducted out of the money so assessed and adjudged, as so much money advanced to and for the use of such person or persons, and the payment or tender of the remainder of such monies shall be deemed and taken, to all intents and purposes, to be a payment or tender of the whole sum or sums so assessed and adjudged, or otherwise such costs and expences in case the same or any part thereof shall exceed such damages, and shall not be paid upon demand, after being so ascertained and settled as aforesaid may be recovered by the said trustees or commissioners by the ways and means herein-after provided for the recovery of penalties and forfeitures: Provided always, that in all cases where any person or persons shall by reason of absence have been prevented from treating, such costs and expences shall be borne and paid by the said trustees or commissioners in manner aforesaid. c. 126. How Expences of Jury and Witnesses are to be borne. When new Road shall be completed, old Highway to be stopped up, and LXXXVIII. And be it further enacted, That when any turnpike road shall be diverted or turned, and the new road shall be made and completed, such new road shall be in lieu of the old road, and shall be subject to all the provisions and regulations in any Act of Parliament contained or otherwise to which the old road was subject, and shall be deemed and taken to be a common highway, and shall be repaired and maintained the Land sold. as such; and the old road shall be stopped up, and the land and soil thereof shall be sold by the trustees or commissioners to some person or persons whose lands adjoin thereto, as herein-after mentioned with regard to pieces of ground not wanted; but if such old road shall lead to any lands house or place, which cannot in the opinion of the said trustees or commissioners be conveniently accommodated with a passage from such No. XV. 3 Geo. IV. c. 126. When any Parts of Land not wanted for the Purposes of Roads are to be sold, the First Offer to be made to the original or adjoining Owners. What shall be In case of Dis pute as to Price, the Value to be ascertained by a Jury. Application of Compensation Money exceed ing 2001. new road, which they are hereby authorized to order and lay out if they find it necessary, then and in such case the old road shall be sold, but subject to the right of way and passage to such lands house or place respectively, according to the ancient usage in that respect; and the money arising from such sale in either of the said cases shall be applied towards the purchase of the land where such new road shall be made, or in the same manner as the tolls arising on such road as the trustees or commissioners thereof shall think fit; and upon the completion of any contract whereby any part of the old road shall be given in payment for the value of the ground taken for the new road, or upon payment of the price of any part of the old road, the soil of such old road shall become vested in the purchaser thereof and his heirs; but all mines minerals and fossils lying under the same shall continue the property of the person or persons who would from time to time have been entitled to the same if such old road had continued. LXXXIX. And be it further enacted, That where the trustees or commissioners of any turnpike road shall have purchased or shall be possessed of any piece or pieces of ground not wanted for the purposes of such road, it shall and may be lawful for such trustees or commissioners to sell and dispose of the same: Provided always, that the said trustees or commissioners before they shall sell and dispose of any such piece or pieces of ground not wanted for the purposes of such turnpike road as aforesaid to any other person or persons, shall first offer the same to the person or persons of whom the same shall have heen purchased or to the person or persons whose lands shall adjoin thereto, and if such person or persons respectively shall then and thereupon refuse or shall not agree (except with respect to or on account of the price thereof) to purchase the same respectively on an affidavit being made and sworn before a master or master extraordinary in the High Court of Chancery or before one of his Majesty's justices of the peace for the county liberty or place where such ground is situate (who are hereby respectively empowered to take such affidavit) by some person or persons no way interested in the said piece or pieces of ground, stating that such offer was made by or on the behalf of such trustees or commissioners, and that such offer was then and thereupon refused or was not agreed to by the person or persons to whom the same was made, such affidavit shall in all courts whatsoever be sufficient evidence and proof that such offer was made and was refused or not agreed to by the person or persons to whom such offer was made (as the case may be); and in case such person or persons shall be desirous of purchasing such piece or pieces of ground and he she or they and the said trustees or commissioners shall differ or not agree with respect to the price thereof, then the price or prices thereof shall be ascer tained by a jury in manner in this Act directed with respect to disputed value of premises to be taken and used in pursuance of this Act, and the expence of hearing and determining such difference shall be borne and paid in manner herein-before directed with respect to such purchases made by the said trustees, mulatis mutandis; and the money to arise by the sale or sales of such pieces or parcels of ground shall be applied by the trustees or commissioners to the purposes of the Act for repairing and maintaining such turnpike road, but the purchaser or purchasers thereof shall not be answerable or accountable for any misapplication or nonapplication of such money; and the conveyances of such piece or pieces of ground shall be made to the purchaser or respective purchasers thereof and in such manner and form as is herein-before directed with respect to the conveyances to be made of the land constituting any part of the roads herein-before directed to be sold. XC. And be it further enacted, That if any money shall be agreed or awarded to be paid for any lands tenements or hereditaments purchased taken or used by virtue of the powers of this Act, by any trustees or commissioners of any turnpike road, which shall belong to any corporation, feme covert, infant, lunatic, tenant for life, or in fee, tail, general, or special or person or persons under any disability or incapacity, such money shall in case the same shall amount to or exceed the sum of two hundred pounds with all convenient speed be paid into the Bank of England in the name and with the privity of the accountant-general of the High Court of Chancery to be placed to his account, ex parte, the trustees or commissioners of the road for which such lands tenements or hereditaments shall be taken, to the intent that such money shall be applied under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way by the person or persons who would have been entitled to the rents and profits of the said lands tenements or hereditaments in the purchase of the land tax or towards the discharge of any debt or debts or such other incumbrances or part thereof as the said court shall authorize to be paid, affecting the same lands tenements or hereditaments or affecting other lands tenements or hereditaments standing settled therewith to the same or to the like uses, trusts, intents, or purposes; or where such money shall not be so applied, then the same shall be laid out and invested under the like direction and approbation of the said court in the purchase of other lands tenements or hereditaments, which shall be conveyed and settled to for and upon such and the like uses, trusts, intents, and purposes, and in the same manner as the lands tenements or hereditaments which shall be so purchased taken or used as aforesaid, stood settled or limited, or such of them as at the time of making such conveyance or settlement shall be existing undetermined and capable of taking effect; and in the meantime and until such purchase shall be made the said money shall by order of the said Court of Chancery, upon application thereto, be invested by the said accountantgeneral in his name in the purchase of three pounds per centum consolidated, or three pounds per centum reduced bank annuities; and in the meantime and until the said bank annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of the said consolidated or reduced bank annuities shall from time to time be paid by the order of the said court to the person or persons who would for the time being have been entitled to the rents and profits of the lands tenements or hereditaments so hereby directed to be purchased, in case such settlement or purchase were made. XCI. Provided always, and be it further enacted, That if any money so agreed or awarded to be paid for any lands tenements or hereditaments purchased taken or used for the purposes aforesaid, belonging to any corporation or to any person or persons under disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall amount to or exceed the sum of twenty pounds, then and in all such cases the same shall at the option of the person or persons for the time being entitled to the rents and profits of the lands tenements or hereditament so purchased taken or used, or of his her or their guardian or guardians committee or committees in case of infancy or lunacy to be signified in writing under their respective hands be paid into the said bank in the name and with the privity of the said accountant-general of the High Court of Chancery, and be placed to his account as aforesaid, in order to be applied in manner herein-after directed; or otherwise the same shall be paid at the like option to two trustees to be nominated by the person or persons making such option and approved by three or more of the trustees or commissioners taking such lands tenements or hereditaments (such nomination and approbation to be signified in writing under the hands of the nominating and approving parties) in order that such principal money and the dividends and interest arising thereon may be applied in manner herein-before directed so far as the case be applicable without obtaining or being required to obtain the direction or approbation of the Court of Chancery. No. XV. 3 Geo. IV. c. 126. Application of Compensation Money when less than 2007. and not less than 20%. XCII. Provided also, and be it further enacted, That where such mo- Application of ney so agreed or awarded to be paid as last before mentioned shall be less Compensation than twenty pounds, then and in all such cases the same shall be applied Money when to the use of the person or persons who would for the time being have less than 204. been entitled to the rents and profits of the lands tenements or hereditaments so purchased taken or used in such manner as the said trustees or commissioners or any three or more of them shall think ht; or in case No. XV. 3 Geo. IV. c. 126. If Compensation Money be refused, or the Titles to the Land cannot be made out satis factorily, or if Persons cannot be found, then Money to be paid into the Bank, subject to the Order of the Court of Chancery on Motion or Peti tion. Persons in possession to be deemed lawfully entitled to the Premises, until the contrary shall be shown of lunacy or infancy, then to his her or their guardian or guardians committee or committees to and for the use and benefit of such person or persons so entitled respectively. XCIII. And be it further enacted, That in case the person or persons to whom any sum or sums of money shall be awarded for the purchase of any lands tenements or hereditaments to be purchased by virtue of this Act, shall refuse to accept the same or shall not be able to make a good title to the premises to the satisfaction of the trustees or commissioners or any three or more of them, or in case such person or persons to whom such sum or sums of money shall be so awarded as aforesaid cannot be found, or if the person or persons entitled to such lands tenements or hereditaments be not known or discovered, then and in every such case it shall and may be lawful to and for the trustees or commissioners or any three or more of them to order the said sum or sums of money so awarded as aforesaid to be paid into the Bank of England in the name and with the privity of the said accountant-general of the said Court of Chancery, to be placed to his account, to the credit of the parties interested in the said lands tenements or hereditaments (describing them) subject to the order controul and disposition of the said Court of Chancery, which said Court of Chancery, on the application of any person or persons making claim to such sum or sums of money or any part thereof by motion or petition, shall be and is hereby empowered in a summary way of proceeding or otherwise as to the said court shall seem meet to order the same to be laid out and invested in the public funds, and to order distribution thereof or payment of the dividends thereof, according to the respective estate or estates title or interest of the person or persons making claim thereunto, and to make such other order in the premises as to the said court shall seem just and reasonable; and the cashier or cashiers of the Bank of England who shall receive such sum or sums of money is and are hereby required to give a receipt or receipts for such sum or sums of money, mentioning and specifying for what and for whose use the same is or are received to such person or persons as shall pay any sum or sums of money into the Bank of England as aforesaid. XCIV. Provided always, and be it further enacted, That where any question shall arise touching the title of any person to any money to be paid into the Bank of England, in the name and with the privity of the said accountant-general of the said Court of Chancery, in pursuance of this Act, for the purchase of any lands tenements or hereditaments to be purchased in pursuance of this Act, or to any bank annuities to be purchased with any such money, or to the dividends or interests of any such to the Court of bank annuities, the person or persons who shall have been in possession Chancery. of such lands tenenients or hereditaments at the time of such purchase, and all persons claiming under such person or persons or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such lands tenements or hereditaments, according to such possession, until the contrary shall be shown to the satisfaction of the said Court of Chancery; and the dividends or interest of the bank annuities to be purchased with such money and also the capital of such bank annuities, shall be applied and disposed of accordingly, unless it shall be made to appear to the said court that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such lands tenements or hereditaments, or to some estate or interest therein. Court of Chan- Payment of XCV. Provided always, and be it further enacted, That where by reason of any disability or incapacity of the person or persons or corporation entitled to any lands tenements or hereditaments to be purchased under the authority of this Act, the purchase money for the same shall be required to be paid into the Court of Chancery and to be applied in the purchase on other lands tenements or hereditaments to be settled to the other Lands are like uses in pursuance of this Act, it shall be lawful for the said Court of Chancery to order the expences of all purchases from time to time to be made in pursuance of this Act, or so much of the said expences as the said court shall deem reasonable, together with the necessary costs and made. charges of obtaining such order, to be paid by the trustees or commissioners or any three or more of them who shall from time to time pay such sums of money for such purposes as the said court shall direct. No. XV. 3 Geo. IV. c. 126. deviate more than 100 Yards from present Line of Road, nor make use of any Garden, &c., without consent of the Owner. XCVI. And be it further enacted, That it shall not be lawful for the trustees or commissioners of any turnpike road, in altering or diverting Trustees not to the course of any part of the turnpike road under their care and management, to deviate over any inclosed lands or grounds more than one hundred yards from the line or course of such turnpike road, without the consent in writing of the owner or proprietor of such lands or grounds, or to take in or make use of any garden, yard, paddock, park, planted walk, or avenue to a house, or any inclosed ground planted as an ornament or shelter to a house, or planted and set apart as a nursery for trees, or any part thereof respectively, without the like consent of the owner or proprietor thereof first had and obtained: Provided always, that nothing herein contained shall extend or be deemed taken or construed to extend to revoke, limit, abridge, alter, or vary any powers or authoritics contained in any Act or Acts of Parliament existing and in force at the passing of this Act for making altering or diverting any turnpike road or roads or the course thereof, to be made altered or diverted and maintained under the authority of such Acts, but the same powers and authorities shall and may be used exercised and carried into effect by the trustees or commissioners appointed by such Acts fully and effectually, any thing herein contained to the contrary notwithstanding. XCVII. And be it further enacted, That it shall be lawful for the Surveyor or surveyors to the trustees or commissioners of every turnpike road, and for all such persons as he or they shall appoint, to search for, dig, gather, take, and carry away any materials for making or repairing any turnpike road out of any common river or brook (not being within fifty yards of any bridge, dam, weir, or jetty) or out of or from any waste or common in any parish hamlet or place in which any part of such road may lie, or in any adjoining parish hamlet or place, and to haul and carry away any such materials, when got over any common or waste lands, without paying any thing for such materials, and without being deemed a trespasser or trespassers; the said surveyor or surveyors or other person or persons filling up the pits or quarries levelling the grounds or sloping down the banks wherefrom such materials shall be taken, or railing or fencing off such pits or quarries, so that the same shall not be dangerous to any persons or cattle, and paying or tendering for the damage done by going through and over any inclosed lands or grounds for or with such materials, and such damages to be ascertained as herein-after mentioned; and also that it shall be lawful for the said surveyor or surveyors and such person or persons as he or they shall appoint, to search for, dig, get, gather, take, and carry away any such materials in or out of the land of any person or persons where the same may be had or found, in any parish hamlet or place in which any part of such road shall lie or be situate, or in any adjoining parish hamlet or place (not being a garden, yard, park, paddock, planted walk, or avenue, to any house or any piece of ground planted and set apart as a nursery for trees) making or tendering such satisfaction for such materials and for the damage done to the owners or occupiers of the lands where and from whence the same shall be dug gathered and carried away or over which the same shall be carried as the said trustees or commissioners shall judge reasonable; and also to land on and carry through or over any inclosed lands or grounds (not being a garden, yard, park, paddock, planted walk, or avenue to a house, or any piece of ground planted and set apart as a nursery for trees) or on through or over any open land or common any stone or other materials for making or repairing any such road, or for building or repairing any present or future toll house or toll houses on or by the sides thereof, from any river stream or canal in any parish hamlet or place in which any such road lies, or in any adjoining parish hamlet or place paying or tendering for the damage done in landing on or going through or over any inclosed lands or VOL. VII. 2 H Power to get Materials from any River or Brook, or from any Common or Waste Lands, without Expence, filling up the Pits, &c.; or from the Lands of any Person, not being garden ground, &c., on tendering satis faction for Damages; in and Materials may be carried through any closed or open Lands, on tendering Damages. |