Duchy of Cornwall (No. 2) Act 1844

LVI Compensation in case of Dispute to be settled by Two Justices or by the Vice Warden, at the Option of the Party liable. Justices or Vice Warden to take the Assistance of Surveyor, &c. No Compensation to become payable for 12 Calendar Months after Entry, except under certain Circumstances. U.K.

If any Dispute shall arise between the Duke of Cornwall or his Lessees, or any Persons authorized by him to enter upon any Lands or Tenements as aforesaid, and any Person claiming Compensation for Damage done to such Lands or Tenements, or to such Water as aforesaid, by the Exercise of any of the Rights, Privileges, or Easements aforesaid, or claiming Compensation for Materials so taken as aforesaid, either touching the Matters in respect of which Compensation ought to be made in pursuance of this Act, or the Amount of such Compensation, such Dispute shall be decided either by Two Justices of the Peace for the County of Cornwall, or (at the Option of the Person from whom such Compensation is claimed) by the Vice Warden of the Stannaries of Cornwall, upon the Petition of any or either of the Parties so disputing or otherwise; and it shall be lawful for the said Justices or Vice Warden, at the Expence of the Parties disputing, or any or either one of them, in their or his Discretion, to require the Aid, and take the Opinion or Advice of any Surveyor, Mining Agent, or other Person, and to adopt such other Measures, and give such Directions, as shall appear to the said Justices or Vice Warden expedient for enabling them or him to determine concerning the Matters in dispute as aforesaid: Provided always nevertheless, that no Application, except by Consent, shall be made to the said Justices or to the said Vice Warden to award Compensation for Damage done upon any Entry, under the Authority of this Act, for the Purpose of searching for or working Mines and Minerals, until the End of Twelve Calendar Months next after such Entry, unless such Search or Working shall have been sooner abandoned or discontinued, or unless the Persons entitled to such Compensation shall prove, to the Satisfaction of the said Justices or of the said Vice Warden, that the Amount of Compensation for Damage theretofore done is larger than the Sum or Sums of Money theretofore deposited or secured as a Security for such Compensation as herein-after provided.