Copyholds. same Fines, Rents, Heriots, and Services as were theretofore payable and of Right accustomed.

Lord of the Manor to enfranchise

on Payment of Compen

sation.

}

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 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 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 there- upon 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-
ment of
Copyhold
Rents.

XCVIII. 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

9

Purposes shall be held; and if any of the Lands so required be Copyholds. 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.

And with respect to any such Lands being Common or Waste Lands, be it enacted as follows:

Common
Lands.

XCIX. The Compensation in respect of the Right in the Soil of Compensaany Lands subject to any Rights of Common shall be paid to the tion for ComLord of the Manor, in case he shall be entitled to the same, or where held mon Lands, to such Party, other than the Commoners, as shall be entitled to of a Manor, such Right in the Soil; and the Compensation in respect of all &c. how to other commonable and other Rights in or over such Lands, including be paid. 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 hereinafter 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.

the Pro

C. Upon Payment or Tender to the Lord of the Manor, or such Lord of the other Party as aforesaid, of the Compensation which shall have Manor, &c. been agreed upon or determined in respect of the Right in the Soil to convey to of any such Lands, or on Deposit thereof in the Bank in any of the meters of Cases herein-before in that Behalf provided, such Lord of the Manor, the Under or such other Party as aforesaid, shall convey such Lands to the taking, on receiving Promoters of the Undertaking, and such Conveyance shall have the CompensaEffect of vesting such Lands in the Promoters of the Undertaking, tion for his in like Manner as if such Lord of the Manor, or such other Party Interest. 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 herein-after provided.

CI. The Compensation to be paid with respect to any such Lands, Compensabeing Common Lands, or in the Nature thereof, the Right to tion for the Soil of which shall belong to the Commoners, as well as the Lands where Compen- not held of

4 D

Common

to be ascer

tained.

a Manor how 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.

A Meeting

of the Par

ties inte

convened

" J

CII. It shall be lawful for the Promoters of the Undertaking to convene a Meeting of the Parties entitled to commonable or other rested to be 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 1 Advertisement, 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 I 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.

Meeting to appoint a Committee.

Committee

to agree with

the Promoters of

the Undertaking.

Disputes to

be settled as in other Cases.

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 and all absent Parties.

CIV. It shall be lawful for the Committee so chosen to enter into an Agreement with the Promoters of the Undertaking for the Compensation 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.

CV. If upon such Committee being appointed they shall fail to agree with the Promoters of the Undertaking as to the Amount of

the Compensation to be paid as aforesaid, the same shall be determined as in other Cases of disputed Compensation.

Common

Lands.

CVI. If, upon being duly convened by the Promoters of the Under- If no Comtaking, no effectual Meeting of the Parties entitled to such common- mittee be able or other Rights shall take place, or if, taking place, such Meeting the Amount appointed, fail to appoint such Committee, the Amount of such Compensation to be detershall be determined by a Surveyor, to be appointed by Two Justices, mined by a as herein-before provided in the Case of Parties who cannot be Surveyor. found.

i

CVII. Upon Payment or Tender to such Committee, or any Three Upon Payof them, or if there shall be no such Committee then upon Deposit in ment of the Bank in the Manner provided in the like Case of the Compensation payable Compensation which shall have been agreed upon or determined in respect of to Commonsuch commonable or other Rights, it shall be lawful for the Promoters ers the Lands of the Undertaking, if they think fit, to execute a Deed Poll, duly to vest. 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.

And with respect to Lands subject to Mortgage, be it enacted as follows:

Lands in Mortgage.

CVIII. It shall be lawful for the Promoters of the Undertaking to Power to purchase or redeem the Interest of the Mortgagee of any such Lands redeem Mortgages. which may be required for the Purposes of the special Act, and that whether they shall have previously purchased the Equity of Redemption du of such Lands or not, and whether the Mortgagee thereof be entitled thereto in his own Right or in trust for any other Party, and whether he be in possession of such Lands by virtue of such Mortgage or not, and whether such Mortgage affect such Lands solely, or jointly with any other Lands not required for the Purposes of the special, Act, and in order thereto the Promoters of the Undertaking may pay or tender to such Mortgagee the Principal and Interest due on such Mortgage, together with his Costs and Charges, if any, and also Six Months additional Interest, and thereupon such Mortgagee shall immediately convey his Interest in the Lands comprised in such Mortgage to the Promoters of the Undertaking, or as they shall direct, or the Promoters of the Undertaking may give Notice in Writing to such Mortgagee that they will pay off the Principal and Interest due on such Mortgage at the End of Six Months, computed from the Day of giving such Notice; and if they shall have given any such Notice, or if the Party entitled to the Equity of Redemption of any such Lands shall have given Six Months Notice of his Intention to redeem the

same,

Lands in

same, then at the Expiration of either of such Notices, or at any interMortgage. mediate Period, upon Payment or Tender by the Promoters of the Undertaking to the Mortgagee of the Principal Money due on such Mortgage, and the Interest which would become due at the End of Six Months from the Time of giving either of such Notices, together I. with his Costs and Expences, if any, such Mortgagee shall convey or > release his Interest in the Lands comprised in such Mortgage to the Promoters of the Undertaking, or as they shall direct.

Deposit of Mortgage Money on Refusal to accept.

CIX. If, in either of the Cases aforesaid, upon such Payment or Tender, any Mortgagee shall fail to convey or release his Interest in such Mortgage as directed by the Promoters of the Undertaking, or if he fail to adduce a good Title thereto to their Satisfaction, then it shall be lawful for the Promoters of the Undertaking to deposit in ad of the Bank, in the Manner provided by this Act in like Cases, the

D

Principal and Interest, together with the Costs, if any, due on such Mortgage, and also, if such Payment be made before the Expiration pal of Six Months Notice as aforesaid, such further Interest as would at that Time become due; and it shall be lawful for them, 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, as well as upon such Conveyance by the Mortgagee, if any such be made, all the Estate and Interest of such Mortgagee, and of all Persons in trust for him, or for whom he may be a Trustee, in such Lands, shall vest in the Promoters of the Undertaking, and they shall be entitled to immediate Possession thereof in case such Mortgagee were himself entitled to such Possession.

Sum to be paid when Mortgage exceeds the

Value of the

Lands.

CX. If any such mortgaged Lands shall be of less Value than the Principal, Interest, and Costs secured thereon, the Value of such Lands, or the Compensation to be made by the Promoters of the Undertaking in respect thereof, shall be settled by Agreement between the Mortgagee of such Lands and the Party entitled to the Equity of Redemption thereof on the one Part, and the Promoters of the Undertaking on the other Part, and if the Parties aforesaid fail to agree respecting the Amount of such Value or Compensation, the same shall be détermined 'as in other Cases of disputed Compensation; and the Amount of such Value or Compensation, being so agreed upon or determined, shall be paid by the Promoters of the Undertaking to the Mortgagee in satisfaction of his Mortgage Debt so far as the same will extend, and upon Payment or Tender thereof the Mortgagee shall convey or release all his Interest in such mortgaged Lands to the Promoters of the Undertaking, or as they shall direct. 1. 100mb Hode yo , ནཱ རཱ,,,,”K, Deposit of CXI. If, upon such Payment or Tender as aforesaid being made, Money when any such Mortgagee fail so to convey his Interest in such Mortgage, refused on or to adduce a good Title thereto to the Satisfaction of the Promoters of the Undertaking, it shall be lawful for them to deposit the Amount of such Value or Compensation in the Bank, in the Manner provided by this Act in like Cases, and every such Payment or Deposit shall be accepted by the Mortgagee in satisfaction of his Mortgage Debt, so far as the same will extend, and shall be a full Discharge of suc' mortgaged Lands from all Money due thereon; and it shall be

Tender.

lawful