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Exchanges may be made of Land.
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LXII. ‘And whereas it, may happen that by reason of the Works to be executed in pursuance of the Provisions, of this Act it may be convenient to alter the Boundaries of the Lands of different Owners, and therefore that such Powers of Exchange should be given to the Commissioners as after mentioned;’ now therefore be it enacted, That it shall be lawful for the Commissioners, upon the Application in Writing of the Persons interested as Owners, as lierein-before defined, except Owners under a Lease reserving Rent for a Life or Lives, or for a Term of Years, in any Lands which shall be drained or improved under the Provisions of this Act, or in any Lands adjacent to any such Lands, and who shall desire to effect an Exchange of Lands in which they respectively shall be so interested, to direct Inquiries whether such proposed Exchange would be beneficial to the Owners of such respective Lands, and has been rendered necessary or expedient by reason of any such Drainage or Improvement as aforesaid; and in case the Commissioners shall be of opinion that such Exchange would be beneficial, and that the Terms of the proposed Exchange are just and reasonable, they shall cause to be framed and confirmed, under the Hands and Seal of the Commissioners, an Order of Exchange, with a Map or Plan thereunto annexed, in which Order shall be specified and shown the Lands given and taken in exchange by each Person so interested respectively, and a Copy of such Order, under the Seal of the Commissioners, shall be delivered to each of the Parties on whose Application the Exchange shall have been made, and such Order of Exchange shall be good, valid, and effectual in the Law to all Intents and Purposes whatsoever, and shall be in nowise liable to be impeached by reason of any Infirmity of Estate or Defect of Title of the Persons on whose Application the same shall have been made; and the Land taken upon every such Exchange shall be and enure to, for, and upon the same Uses, Trusts, Intents, and Purposes, and subject to the same Conditions, Charges, and Incumbrances, as the Lands given on such Exchange would have stood limited or been subject to in case such Order had not been made; and all Expences with reference to such Order and Exchange, or the Inquiries in relation thereto, or to any proposed Exchange, shall be borne by the Persons on whose Application such Order shall have been made, or such Inquiries undertaken: Provided always, that no Exchange shall be made of any Land held in right of any Church or Chapel or other Ecclesiastical Benefice, without the Consent, testified in Writing, of the Bishop of the Diocese and the Patron of such Benefice Provided also, that no One Lot or Parcel of Land given or taken in exchange shall ever exceed Ten Acres; and it shall be lawful for the said Commissioners to authorize the Payment of any Sum of Money by way of Equality of Exchange, or in respect of any such Exchange, and the Monies so given shall be paid and divided by the said Commissioners in such Manner as they shall think fit, and for the compensating the Parties interested in the Land given in Exchange, and according to their respective Estates and Interests, and the Decision of the Commissioners in the Premises shall be binding.
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