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Where Doubts are entertained as to the Legality of Mills, &c. Commissioners to apply to the Courts of Chancery or Exchequer to direct Proceedings to ascertain the Legality.
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XXI. ‘And whereas Doubts are entertained whether certain Mills, Milldams, Weirs, Watercourses, or certain Parts thereof, and other Matters and Things in and upon or near to the said River Shannon, for which or for the Injury to which respectively certain Sums have been awarded by the said Commissioners under the Provisions of the said recited Act, are public Nuisances or in other respects illegal, and Questions may arise whether the Persons, or any of them, who have preferred Claims under the said recited Act, or of any other Mills, Milldams, Weirs and Watercourses, or any Part thereof, which shall be required to be taken for the Purpose of this Act, or shall be injured thereby, have a legal Title thereto, and it is expedient that Provision should be made for the cheap and easy Determination of such Questions;’ be it therefore enacted, That it shall and may be lawful for the said Commissioners for the Execution of this Act, if they shall deem it necessary and expedient so to do, for the Purpose of ascertaining whether any Mill, Milldam, Weir, Watercourse, or other Matter or Thing, or any Part thereof respectively, which shall be required to be taken for any of the Purposes of this Act, or shall be injured thereby, is a public Nuisance, or is in any other respect illegal, to make Application by Petition to the Courts of Chancery or Exchequer, stating the Facts, and praying the Decision of such Court thereon; and Notice of such Application shall be given to the Parties interested in the Matter of such Petition, and they shall be heard; and it shall be lawful for the Court to make an Order disposing of the Matter of such Petition, or referring the same to any Master or to the Chief or Second Remembrancer, with Liberty to the Parties to attend him, and with such other Directions as the Court shall think fit, or to direct such feigned Issue or other Proceeding as the Court may in its Discretion think proper with respect to any Matter contained in the said Petition; and the Decision of the Court upon the Matter of such Petition shall be final and conclusive of the Rights of the Parties and of their Title to Compensation under this Act; and in case such Court shall decide against the Right of the Party claiming such Compensation under any Award, then such Award, so far as it relates to such Compensation, shall be null and void to all Intents and Purposes.
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