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Dissent of adjoining Owner.
Result of Decision.
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8. The adjoining Owner shall be deemed to have dissented from the Application made to him if he fail to express his Assent thereto within One Month after the Service of the Notice of Application on him; and in the event of such Dissent there shall be decided, by Two or more Justices in Petty Sessions assembled, (unless the adjoining Owner require the same within such Period of One Month to be decided by Arbitration,) the Questions following; that is to say,
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(1.) Whether the proposed Drains or Improvements in Drains will cause any Injury to the adjoining Owner, or to the Occupier or other Person interested in the Lands:
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(2.) Whether any Injury that may be caused is or is not of a Nature to admit of being fully compensated for by Money.
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The Result of any such Decision shall be as follows; that is to say,
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(1.) If the Decision is that no Injury will be caused to the adjoining Owner, to the Occupier, or other Parties interested in the Lands, the Applicant or Applicants may proceed forthwith to make the proposed Drains or Improvements in Drains:
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(2.) If the Decision is that Injury will be caused to the adjoining Owner, Occupier, or other Parties interested in the Lands, but that such Injury is of a Nature to admit of being fully compensated by Money, the Justices or Arbitrators shall proceed to assess such Compensation, and to apportion the same amongst the Parties in their Judgment entitled thereto; and in assessing the Amount of such Compensation the Justices or Arbitrators shall take into consideration the Benefit, if any, to be derived from such Drains or Improvements by such adjoining Owner, Occupier, or other Persons, and to set off the same against the Amount to be assessed by them for such Compensation; and on Payment of the Sum so assessed the Applicant or Applicants may proceed to make the proposed Drains or Improvements in Drains:
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(3.) If the Decision is that Injury will be caused to the adjoining Owner, Occupier, or other Parties interested in the Lands, and that such Injury is not of a Nature to admit of being fully compensated by Money, the Applicant or Applicants shall not be entitled to make the proposed Drains or Improvements in Drains.
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