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been agreed to and offered by the faid refpective Trustees, or any nine or more of them, before the fummoning and returning the faid Jury or Juries, as a Recompence or Satisfaction for any fuch Lands or Hereditaments, or Loffes or Damages as aforefaid, then the Cofts and Expences of fummoning and maintaining the faid Jury and Witneffes fhall be born and paid by the Perfon or Perfons with whom the faid Trustees fhall have fuch ControEverly or Difpute.

chafed to be

to be bor

And be it further enacted, by the The Lands Authority aforefaid, That all and to be purevery Sum or Sums of Money, paid for out Confideration, or Recompence to be of the Tolls agreed for or afcertained as afore- and Monies faid, fhall be and the fame is and rowed. are hereby charged upon the Tolls by this Act granted of the Diftrict within which fuch Lands or Hereditaments fhall be fo purchased, or the Monies to be borrowed upon the Credit thereof, and fhall be paid accordingly to the Perfons refpectively intitled thereto or to their F3 Agents,

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Agents; and that upon Payment or Tender thereof to fuch Perfons or their Agents, and in cafe of Refufal to accept the fame, upon leaving the fame in the Hands of the Trea furer or Clerk of fuch Diftrict, for the Use of such respective Perfons, and after twenty Days Notice there of given to fuch Perfons, or left with the Owners or Occupiers of the Premises, fuch Lands or Hereditaments fhall be laid into and made Part of the faid Highways, and shall to all Intents and Purposes whatsoever become and be deemed and taken to be a publick and comThe Land fo mon Highway, and be from thenceforth Part of the faid Highways for ever after, and shall be repaired by fuch Ways and Methods, and in fuch manner, as the old Highway fo altered or turned was and ought to have been kept in repair; and after fuch new Highway fhall be completed, the Lands and Grounds conftituting the former Highway (unless the fame lead to fome other Village, Town, or Place than the High

taken in to become a common

Highway and fubject

to the Trufts

of this Act.

Highways fo altered or turned do lead,) fhall be vefted in, and fhall and may be fold by the said Truftees, or any nine or more of them, for the best Price that can be gotten for the fame, and a Conveyance or Conveyances of the faid Lands and Grounds being figned and executed by the faid Trustees, or any nine or more of them, and regiftred in the proper Office for the regiftring of Deeds in the County of Middlefex, fhall be good, valid, and effectual in the Law to all Intents and Purposes; and the Money arifing by fuch Sale fhall be applied in fuch Manner as the Tolls granted by this Act are directed to be ap- Old Road plied, or the faid refpective Truf- may be fold tees, or any nine or more of them, may and are hereby impowered to give in exchange any Part or Parts of the Lands fo conftituting the former Highway for any Lands or Hereditaments fo to be laid into or made Part of the faid Highways.

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Provided always, and be it further enacted and declared, That the Power

or exchanged.

Houses, &c.

Power and Authority given to the faid refpective Trustees as aforefaid Trustees not shall not extend to the pulling to pull down down any Dwelling-house, Outhouse, or other Building, or taking in any Garden, Orchard, Yard, Court, Park, Paddock, Nursery Ground, planted Walk, or Avenue to a House (except Gardens, OH chards, or Nursery Grounds, in the Tenure or Occupation of Gardeners, Nurserymen, or Farmers, whether Owners or Tenants,) any Thing herein contained to the contrary notwithstanding.

Lands, &c.

any Part of

the Road to

4979 And be it further enacted by the chargeable to Authority aforefaid, That if the the Repair of County of Middlefex, or any Hundred, Parish, Hamlet, or Place, or continue fo. any particular Perfon or Perfons, Bodies Politick or Corporate, bor any Lands, Tenements, or Heredi taments, or any Rents or Profits if fuing out of any Lands, Tenements, or Hereditaments, is or are chargeable towards repairing the faid Highways, or any Part thereof, or any Bridges, Caufeways, Drains, or

Sew

Sewers in the faid Highways, the faid County, and the Inhabitants of every fuch Hundred, Parish, Hamlet, and Place, and every fuch Perfon or Perfons, Bodies Politick or Corporate, and the Owners and Proprietors, Feoffees, and Trustees of fuch Lands, Tenements, and Hereditaments fhall ftill remain chargeable, and fhall repair fuch Highways, Bridges, Caufeways, Drains, or Sewers in fuch manner as they ought to have done in cafe

this Act had not been made.

&c.

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Provided always, and be it fur- Trusteees ther enacted, by the Authority may compound with aforefaid, That it fhall and may be Perfons liable lawful for the faid refpective Truf to the Repair tees, or any nine or more of them, of the Roads, to compound and agree with the faid County of Middlefex, or the Inhabitants of any Hundred, Parish, Hamlet, or Place, or any particular Perfons, Bodies Politick or Corporate, or the Owners and Proprietors, Feoffees or Trustees of any Lands, Tenements, or Here ditaments aforefaid, which are lia

ble

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