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Who shall be deemed Proprietors.
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XXIII. And be it enacted, That any Person seised of or entitled to any Portion of the Land proposed to be drained or improved by Drainage, in possession as Tenant in Fee Simple or in Fee Tail, General or Special, or as Tenant by Curtesy, and also any Person who shall be entitled under any Will or Settlement, or any other Deed or Instrument (except a Grant or Lease reserving Rent, or an Agreement in Writing for such Grant or Lease) for his own Life, or the Life of any other Person, or for Years determinable on such Life or Lives, and also any Person who shall be entitled under any Lease granted by a Bishop or any Collegiate or Ecclesiastical Body, or under any Lease granted by any Person having immediate or derivative Title from or under any Bishop, or any Collegiate or Ecclesiastical Body, which Lease shall contain a toties quoties Covenant of Renewal, and also any Person who shall be entitled under any Grant, Lease, or any other Deed or Assurance, for an Estate in Fee, or for a Term of Years absolute whereof Forty Years or more shall be unexpired, or for an Estate or Interest for any Life or Lives, renewable for ever, or for any Term or Terms of Years, renewable for ever, whether such last-mentioned Person shall be entitled to any such Estate, Term, or Interest, either absolutely or as Tenant in Tail, or as quasi Tenant in Tail, or for his Life, and also every Feoffee or Trustee of any such Land, or of any such Estate or Interest therein as aforesaid, for charitable or other Purposes, shall be deemed a Proprietor of such Land for the Purposes of this Act; and in every Case in which any Person seised, possessed of, or entitled to any such Land for any such Estate or Interest as aforesaid shall be an Infant, Feme Covert, Idiot, or Lunatic, the Guardian of such Infant, the Husband of such Feme Covert, and the Committee of the Estate of such Idiot or Lunatic, shall, subject to the Provisions herein-after contained, be deemed a Proprietor of such Land for the Purposes of this Act: Provided always, that no Person shall be deemed a Proprietor for the Purposes of this Act for or by reason of any Estate vested in him which shall have been created by way of Mortgage, or for the Purpose of securing the Payment of any Sum of Money, but that the Person who would be deemed a Proprietor, for the Purposes of this Act if such Estate by way of Mortgage or for securing any Money had not been created shall, notwithstanding such Mortgage or Security, be deemed such Proprietor as aforesaid. Provided also, that where several Persons shall have, in any Land so proposed to be drained, such Estates or Interests as would otherwise entitle them under the Provisions aforesaid to be so deemed Proprietors, such of the said Persons shall be deemed the Proprietor, for the Purposes of this Act, as shall be in actual Occupation of the said Land, or as shall have such Estate or Interest as aforesaid therein next in Reversion or Remainder to the Estate or Interest of the Person in actual Occupation.
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