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Jury shall, if required, assess Value of Fee Simple, and then apportion

the Values of respective Interests therein.

Value of Lands and Damages to be awarded separately.

Providing for
Expences of
Jury.

Fines shall be paid to the said Commissioners, to be applied for the Purposes of this Act.

XXVII. And be it enacted, That in all Cases in which a Verdict shall be given for the Value of any Lands, Tenements, or Hereditaments, or Share or Shares therein, the Jury shall, if required so to do by or on behalf of the said Commissioners, inquire of, assess, and ascertain the Value of the Fee Simple of the Entirety of the said Premises, and shall afterwards apportion and divide the Value so ascertained between and among all the different Shares and Charges which shall be claimed, and also between different Parts of the said Lands, Tenements, or Hereditaments alleged to be held under different Titles: Provided always, that the Verdict of any Jury shall not defeat or prejudice any Contract or Sale which shall have been previously made of any Share or Charge, although the Value of the same may be ascertained to be different from the Amount of the Price, Recompence, or Satisfaction agreed to be paid for the same.

XXVIII. And be it enacted, That the Jury and Juries so to be summoned as aforesaid shall award all Determinations, Judgments, and Verdicts which they shall make and give in execution of the Powers hereby vested in them concerning the Value of the Lands, Tenements, or Hereditaments, or of any Share or Shares, Estate or Estates, Interest or Interests therein or any Charge or Charges thereon, separately and distinctly from the Consideration. of any Loss or Damage to be sustained by any Person or Persons in consequence of the Execution of any of the Powers of this Act, and shall distinguish the Value set upon the Hereditaments, or Share or Shares, Estate or Estates, Interest or Interests therein, or Charges thereon, and the Money assessed or adjudged for such Loss or Damage as aforesaid, separately and apart from each other; and when any Money shall be assessed or adjudged for such Loss or Damage as aforesaid the Jury shall, if required by the said Commissioners, award and declare whether the Statement delivered by the Claimant or Claimants of the Manner in which any Amount of the Money which shall have been demanded as a Compensation for the same has been computed and made up gave sufficient Particulars to enable the said Commissioners to make a proper Offer.

XXIX. And be it enacted, That in case any Jury to be summoned and sworn pursuant to the Authority of this Act shall give in a Verdict or Assessment for more Money as a Recompence, Compensation, or Satisfaction for the Rights, Interests, or Property of the Person or Persons in any such Lands, Tenements, or Hereditaments, or for any such Injury or Damage as aforesaid, than shall have been agreed to be given and offered for the same in the aggregate by the said Commissioners before the summoning and returning of such Jury, or where, by reason of Absence in Foreign Countries or other Incapacity or Disability as aforesaid, there shall not be found any Person or Persons legally capacitated to enter into any Contract with the said Commissioners on behalf of Her Majesty, then and in every such Case all the reasonable Costs, Charges, and Expences of causing and procuring such Recompence, Compensation, or Satisfaction to be assessed by a Jury shall be settled by the Sheriff, Under Sheriff, or Coroner before whom such Claim shall have been tried, and shall be paid by the said Commis

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Commissioners on behalf of Her Majesty; but in every Case in which any Jury so summoned and sworn as aforesaid shall be of opinion that the Statement delivered by the Claimant or Claimants of the Manner in which any Amount of Money which shall have been demanded as a Compensation has been computed and made up did not give sufficient Particulars to enable the said Commissioners to make a proper Offer, and in every other Case in which any such Jury shall give in a Verdict or Assessment for no more or for less Money as such Recompence, Compensation, or Satisfaction as aforesaid than shall have been agreed to and offered by the said Commissioners in the aggregate for the same, before the summoning and returning of the said Jury, or in case no Damages shall have been given by the Verdict where the Dispute is for Damages only, or where the causing or procuring such Jury to be summoned shall have arisen from a Refusal to treat or agree with the said Commissioners by any Body or Bodies Politic, Corporate, or Collegiate, or by any Person or Persons whomsoever, who is or are by the Provisions of this Act or otherwise legally empowered to treat, then (except where by reason of Absence such Person shall be prevented from treating with the said Commissioners) all such Costs, Charges, and Expences, to be settled by such Sheriff, Under Sheriff, or Coroner in manner aforesaid, shall be paid to the said Commissioners on behalf of Her Majesty by the said Body or Bodies Corporate or Collegiate, or other Person or Persons so claiming such Compensation, or refusing to treat and agree as before mentioned respectively (save only and except where by reason of Absence or other like Cause any Person shall have been prevented from treating or agreeing as aforesaid, in which Case no Costs, Charges, or Expences shall be allowed to either Party as against the other); and all Costs, Charges, and Expences hereby directed to be paid to the said Commissioners on behalf of Her Majesty, shall and may be deducted and retained by them out of the Money so adjudged or assessed to be paid by them as so much Money advanced to or for the Use of the Person and Persons entitled to such Money so adjudged, and Payment or Tender of the Remainder of such Money shall be deemed and taken to be a Payment or Tender of the whole Sum or Sums so adjudged or assessed; or in case no Money or no sufficient Sum of Money shall be awarded or assessed to be paid by the said Commissioners on behalf of Her Majesty, whereout such Costs, Charges, and Expences can be deducted, then the same shall and may be recovered, by virtue of any Warrant under the Hand and Seal of One of Her Majesty's Justices of the Peace for the said County of Surrey, by Distress and Sale of the Goods and Chattels of the Person or Persons liable to the Payment of the same, the Party making such Distress and Sale rendering to such Person or Persons as aforesaid the Overplus of the Money thereby produced (if any), after such Costs, Charges, and Expences, and the Charges of such Distress and Sale, shall be deducted.

XXX. And be it enacted, That all the said Judgments and Judgments and Verdicts shall be recorded in the Office of Land Revenue Records Verdicts to be and Enrolments, and a Minute or Docquet thereof respectively recorded. entered in the Office of the said Commissioners of Her Majesty's

Woods, Forests, Land Revenues, Works, and Buildings, and all such

9 & 10 VICT.

R

Judgments

Commissioners

to purchase the whole, if the

Owners decline

to sell a Part.

Persons holding under Leases to produce the

same.

Judgments and Verdicts shall be afterwards deposited with the Clerk of the Peace of the said County of Surrey, to be kept and preserved by him amongst the Records of the Quarter Sessions of the said County, and shall be deemed to be Records to all Intents and Purposes whatsoever; and the same, or true Copies thereof, shall be allowed to be good Evidence in all Courts whatsoever; and all Persons shall have Liberty to inspect the same, paying for each such Inspection the Sum of One Shilling, and to take Copies thereof, paying for every Copy the Sum of Sixpence for every Seventy-two Words, and so in proportion for any less Number of Words.

XXXI. And be it enacted, That if in any Case the Owner or Owners of any House or Building, or of any Yard or Curtilage occupied therewith, Part only of which Premises shall at any Time be required by the said Commissioners to be applied for the Purposes aforesaid, shall be unwilling to sell or dispose of such Part only of such House, Building, Yard, or Curtilage as shall be required by the said Commissioners, it shall be lawful for the said Commissioners, on behalf of Her Majesty, and they are hereby required, at the Option of any Owner or Owners of any such House, Building, Yard, or Curtilage, to purchase of and from the said Owner or Owners the whole or such Part thereof, over and above such Part thereof as may be wanted for the Purposes of this Act, as such Owner or Owners shall think fit, and to apply so much and such Part thereof as they the said Commissioners shall see fit for the Purposes aforesaid; and that if such Owner or Owners shall not or cannot agree with the said Commissioners for the Price to be paid for the Purchase of the whole or such Part as aforesaid of such House, Building, Yard, or Curtilage, then the Value thereof shall be settled and ascertained by a Jury in such Manner as the Price for any Premises to be taken in pursuance of this Act is directed to be settled and ascertained; and all such other Proceedings shall take place respecting the said Premises as are hereinbefore mentioned and directed with respect to the Premises the Value of which shall be ascertained by a Jury in the Manner aforesaid.

XXXII. And be it enacted, That in all Cases in which any Person or Persons shall claim any Satisfaction or Compensation for or in respect of any unexpired Term or Interest which he, she, or they shall claim to be possessed of or entitled unto in any Lands, Tenements, or Hereditaments intended to be taken or used under the Authority of this Act, under or by virtue of any Demise or Lease, or Agreement for Demise or Lease, or Grant thereof, the said Commissioners are hereby authorized to require such Person or Persons to produce or show the Demise or Lease, or Agreement for Demise or Lease, or Grant, in respect of which such Claim to Satisfaction or Compensation shall be made, or the best Evidence thereof in his, her, or their Power; and if such Demise or Lease, or Agreement for Demise or Lease, or Grant, or such best Evidence thereof as aforesaid, shall not be produced or shown within Twentyone Days after Demand made by the said Commissioners, or any Person by them authorized, the Person or Persons claiming such Satisfaction or Compensation shall be considered and treated as holding only from Year to Year.

XXXIII. And

XXXIII. And with respect to any Lands, Tenements, or Here- Conveyance of ditaments which shall be of Copyhold or Customary Tenure, or Copyhold Land of the Nature thereof, be it enacted, That every Conveyance of to be enrolled. any such Lands, Tenements, or Hereditaments to a Trustee or Trustees on behalf of Her Majesty, Her Heirs and Successors, shall be entered on the Rolls of the Manor or Manors of which the same shall be held or Parcel, and on Payment to the Steward of the Manor of such Fees as would be due to him on the Surrender of the same Lands, Tenements, or Hereditaments, 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, Tenements, or Hereditaments, as if the same had been of Freehold Tenure. XXXIV. And be it enacted, That before the said Commis- Copyhold sioners, on behalf of Her Majesty, shall make use of any such Copyhold or Customary Lands, Tenements, or Hereditaments for the Purposes of the said intended Park, they shall procure the same to be enfranchised, and for that Purpose they shall, with all reasonable Speed after the Enrolment of the Conveyance thereof, apply to the Lord or Lords, Lady or Ladies of the Manor or Manors whereof such Lands are held, to enfranchise the same, and shall pay to him, her, or them such Compensation in respect thereof as shall be agreed upon between Her Majesty's said Commissioners, on behalf of Her Majesty, and the Lord or Lords, Lady

Lands to be

enfranchised, making Compensation to the Lords, &c. of

Manors.

or Ladies of such Manor or Manors; and if the Parties fail to agree In case Parties respecting the Amount of the Compensation to be paid for such disagree as to Enfranchisement, the same shall be determined as in other Cases Compensation, of disputed Compensation; and in estimating such Compensation &c. the Loss in respect of Fines, Heriots, and other Services payable on Death, Descent, or Alienation, which will be lost by the vesting such Copyhold or Customary Lands, Tenements, or Hereditaments in Her Majesty, Her Heirs and Successors, or in a Trustee or Trustees on behalf of Her Majesty, Her Heirs and Successors, or by the Enfranchisement of the same, shall be allowed for.

pensation.

XXXV. And be it enacted, That, upon Payment or Tender of Lords of the Compensation so agreed upon or determined, the Lord or Lords, Manors to enLady or Ladies of the Manor or Manors whereof such Copyhold franchise on or Customary Lands, Tenements, or Hereditaments shall be holden, receiving Comshall enfranchise such Lands, Tenements, or Hereditaments; and the Lands, Tenements, or Hereditaments so enfranchised shall for ever thereafter be vested in Her Majesty, Her Heirs and Successors; and if upon such Payment or Tender to the Lord or Lords, Lady or Ladies of such Manor or Manors, he, she, or they fail to enfranchise such Lands, or fail to produce a good Title to the Manor or Manors whereof such Lands, Tenements, or Hereditaments shall be holden or parcel, the said Commissioners, on behalf of Her Majesty, shall pay the Amount of such Compensation into the Bank of England in manner required in other like Cases of Monies required to be deposited, and thereupon such Lands, Tenements, or Hereditaments shall be deemed to be enfranchised, and well and effectually vested in Her Majesty, Her Heirs and Successors for ever.

XXXVI. And be it enacted, That in all Cases where there shall As to Commons be Occasion to cut through, take, or use, for the Purposes of this and Wastes. Act,

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Apportionment

of Copyhold Rents.

Act, any Part or Parts of any Commons or Waste Grounds, or other Lands or Hereditaments which shall be charged with or subject to any Right or Rights of Common, whether of Pasture, Turbary, Estover, or Piscary, or other Easements whatsoever, appendant, appurtenant, or in gross, or whether created or subsisting by Grant, Prescription, Custom, or otherwise howsoever, the Conveyance thereof by any Body Politic, Corporate, or Collegiate, or other Person or Persons, having such and the like Estate and Interest of and in the Manor wherein such Lands, Commons, Waste Grounds, or Hereditaments shall be situate, or if the same shall not be the Waste of any Manor, then having such and the like Estate and Interest of and in the Soil of such Lands, Commons, Wastes, and Hereditaments as the Body or Bodies Politic, Corporate, or Collegiate, or Persons, who are hereby enabled to sell and convey other Lands and Hereditaments, shall be a good and sufficient Conveyance of the Fee Simple and Inheritance of such Waste Grounds or Common or other Lands or Hereditaments, for the Purposes of this Act, as fully and effectually as if every Person having such Right or Rights of Common upon such Common or Waste Ground, Lands, or Hereditaments were seised thereof in Fee Simple in possession, and had joined in and executed such Conveyance; and that the Compensation to be paid for any Right of Common upon any such Common or Waste Ground, Lands, or Hereditaments which shall be settled by a Jury in manner herein-before mentioned shall be paid to the Churchwardens of the Parish or respective Parishes in which such Common or Waste Lands shall lie, and shall be by such Churchwardens applied for such general and public Purposes within such Parishes respectively as a Vestry of such respective Parishes, to be convened by such Churchwardens for that Purpose, shall direct; and that in Cases in which such Rights, Commons, or Easements shall be and extend over and be enjoyed and taken out of any other Lands or Hereditaments other than such Wastes and Commons, the Compensation shall be paid or tendered to the Person or Persons, Bodies Politic, Corporate, or Collegiate, having such Estate or Interest as aforesaid in the said Rights, Commons, and Easements, or in the Lands, Tenements, or Hereditaments whereunto the same shall be appendant or appurtenant, or shall be deposited in the Bank of England in manner by this Act directed, as the Case may be; provided that in all Cases where any such Manor is vested in Freeholders or Inhabitants at large, or in any greater Number of Persons than Three, or where it is not known to what Lord or Lady such Manor belongs, or in what Manor such Common or Waste Ground is situate, the Conveyance aforesaid, executed by Four at least of the Freeholders whose Estates have Common Rights in such Common or Waste Ground, and whose said Estates amount in yearly Value as assessed to the Poor Rates to Three Fifths at least of the whole of the Estates which have such Common Right, shall also be a good and sufficient Conveyance.

XXXVII. And be it enacted, That if any Copyhold or Customary Lands, Tenements, or Hereditaments, as herein-before mentioned, be subject to any Customary or other Rent, and Part only of the Lands, Tenements, or Hereditaments subject to any such Rent be required to be taken for the Purposes of this Act,

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