|
|
Commissioners, &c. may enter Lands for the Purposes of Survey or Inquiry, making Compensation for Damages.
Amount of Compensation, if not previously settled, to be determined by Justices.
Commissioners, &c. may enter upon Lands pending Decision of Justices.
|
XVII. And be it enacted, That for the Purposes of any Inspection, Survey, or Inquiry directed or necessary under any of the Provisions of this Act, it shall be lawful for the said Commissioners, by themselves, or by their Surveyors, Engineers, Agriculturists, Architects, Builders, Agents, Officers, and Workmen, to enter upon any Lands with respect to which any Works shall be executed, or shall be proposed to be executed under this Act, or any Lands adjoining thereto, and to dig or bore therein, and also to examine any Weir, Sluice, or Floodgate erected in or upon any River or Stream, and to open or raise or shut or close, and to keep open or raised, shut or closed, for a reasonable Time, any such Floodgate or Sluice for the Purposes of any such Inquiry, and to make any Soundings, or bore the Bed or Channel of any Part of such River, or any Millcourse connected therewith, making reasonable Compensation for any Damage done thereby; and the Amount of such Compensation shall (if not previously agreed upon between the Parties and the said Commissioners) be ascertained by Two or more Justices of the Peace at Petty Sessions in or for the District wherein any such Damage shall be committed; and such Justices shall be authorized and required to inquire into and determine the same, and for that Purpose to examine on Oath or otherwise, as by Law authorized, all such Witnesses as shall be produced before them, and to make such Order as to them shall seem just for the Payment of the Amount of such Damage by the Commissioners to the Parity aggrieved, which said Order shall be final and conclusive, and such Damages shall be taken as Part, of the Costs of the Inquiry: Provided always, that the said Commissioners, their Surveyors, Engineers, Agriculturists, Architects, Builders, Agents, Officers, and Workmen, may enter upon such Lands as aforesaid, and do all necessary Matters and Things by this Act authorized previously to or pending the Decision of such Justices.
|
