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Assent of adjoining Owner.
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6. The adjoining Owner or Owners may, by Deed under his or their Hand and Seal, assent to such Application, upon such Terms and on Payment of such Compensation as he or they may require, and any Assent so given shall be binding on all Parties having any Estate or Interest in the Land, subject to the following Provisions:
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1stly. That any Arrangement entered into by any adjoining Owner under any Disability or Incapacity, or not having Power to assent to such Application except under the Provisions of this Act, shall not be valid unless the same is approved by Two Surveyors, one of whom is to be nominated by the Applicant or Applicants, and the other by the adjoining Owner; and each of such Surveyors, if they approve of the Arrangement, shall annex to the Document containing the same a Declaration to that Effect, subscribed by them:
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2dly. That any Compensation to be paid by the Applicant or Applicants to the adjoining Owner in Cases where such Owner is under any Disability or Incapacity, or has not Power to assent to such Application except under the Provisions of this Act, shall be applied in manner in which the Compensation coming to Parties having limited Interests, or prevented from treating, and not making Title, is applicable under “The Lands Clauses Consolidation Act, 1845:”
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3dly. That any Occupier or Person other than the Owner interested in the Lands shall be entitled to Compensation for any Injury he may sustain by the making of the proposed Drains or Improvements in Drains, so that the Claim therefor be made within Twelve Months after Completion of such Drains or Improvements in Drains, the Amount of such Compensation to be determined, in case of Dispute, by Two or more Justices in Petty Sessions assembled, or if such Occupiers or other Person do not consent to a Determination by such Justices, then by Arbitration.
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