|
|
If Difficulties exist in making any such Apportionment the same may be made by the Inclosure Commissioners.
|
IV. Provided always, That in case there shall be any Doubt as to the Amount of the different Parts of the Rent or Payment which may have been agreed to be apportioned, or as to the specific Lands or Hereditaments to be charged therewith, or as to the Extent, Identity, or Boundaries of the Lands or Hereditaments charged with the entire or original Rent or Payment, or any Part thereof, or if there shall be no Person whom the said Commissioners or Commissioner for the Time being of Her Majesty’s Woods, Forests, and Land Revenues as aforesaid shall agree to treat as Owner under the aforesaid Authority in that Behalf, or in case any other Difficulty shall arise in making any Apportionment of any such Rent or Payment its aforesaid which the Commissioners or Commissioner of Her Majesty’s Woods, Forests, and Land Revenues for the Time being as aforesaid may desire to apportion on specific Parts of the Lands or Hereditaments charged therewith, then and in any of such Cases the Commissioners or Commissioner aforesaid may, if they or he shall think fit, with the Consent of the Commissioners of Her Majesty’s Treasury, to be signified by some Warrant of such last-mentioned Commissioners, from Time to Time, refer it to the Inclosure Commissioners for England and Wales to make such Apportionment, and thereupon it shall be lawful for the said Inclosure Commissioners to make Inquiry into the Premises, and to make the Apportionment accordingly; and any such Reference, Inquiry, or Apportionment may be made as to any particular Rent or Payment as aforesaid, or to any Number of such Rents or Payments; and their Award under their Seal relating thereto, when confirmed by some Writing under the Hands or Hand of the said Commissioners or Commissioner of Her Majesty’s Woods, Forests, and Land Revenues, and enrolled in the Office of Land Revenue; Records and Enrolments, shall be binding on all Persons whomsoever, and have the same Effect in all other respects as if the same had been made, agreed, confirmed, and enrolled under the Provisions of the last Section of this Act, and the Enrolment of any such Award shall be conclusive Evidence that the Provisions of this Act have been complied with: Provided always, that if in any Case so as aforesaid referred to the aforesaid Inclosure Commissioners to make any such Apportionment as aforesaid there shall in the Opinion of the said Commissioners be any Doubt as to the Extent, Identity, or Boundaries of the Lands and Hereditaments charged with any such Rent or Payment, then the said last-mentioned Commissioners may appoint any Assistant Commissioner, or any other Officer acting under the Act passed in the Session of Parliament holden in the Fifteenth and Sixteenth Years of the Reign of Her Majesty, Chapter Fifty-three, or under the Commissioners appointed by virtue of that Act, for the Purpose of inquiring into and ascertaining such Extent, Identity, or Boundaries, in all respects as the said Commissioners are by the Eighth Section of the Act passed in the Session held in the Ninth and Tenth Years of the Reign of Her present Majesty, Chapter Seventy, authorized to appoint an Assistant Commissioner; and the Report of such Assistant Commissioner or other Officer, if approved of by the said Inclosure Commissioners, shall be embodied in their Award so to be made as aforesaid, and form Part thereof.
|
