tees or their clerk, signed by such mortgagee or mortgagees, his, her, or their executors, administrators, or assigns, such sum or sums of money as shall be agreed for, ascertained, and determined, for the purchase of such lands, tenements, or hereditaments, or a competent part thereof:-And such sum or sums of money, when so paid, shall be and be deemed to be in discharge of the principal money, or part thereof, due on such mortgage or mortgages;-And acknowledgment of the receipt thereof shall be made by endorsement on the mortgage deed or deeds, signed by such mortgagee or mortgagees, his, her, or their executors, administrators, or assigns, in the presence of one or more credible witness or witnesses; and such endorsement shall be and be deemed to be a full and sufficient discharge to the trustees from the mortgagee or mortgagees, his, her, or their executors, admistrators, or assigns, and also a full and sufficient discharge to the mortgagor or mortgagors, his, her, or their heirs, executors, administrators, or assigns, from the mortgagee or mortgagees, his, her, or their executors, administrators, or assigns, for so much money as shall be expressed in such endorsement. How expences of jury and witnesses are to be borne.By Statute 3 Geo. 4. c. 126. s. 87, In case any jury or juries to be summoned and sworn pursuant to the directions and authority of this Act, shall give in and deliver a verdict or assessment for more money, as a recompence or satisfaction for the right, interest, or property of any person or persons in any such lands, tenements, hereditaments, or premises, or for any loss or damage to be by him, her, or them sustained, than what shall have been agreed to and offered by such trustees before the sumpence or satisfaction for any such right, interest, or property, or for any loss or damage as aforesaid, then and in such case the costs and expences of summoning and maintaining the said jury and witnesses, and all other expences attending the hearing and determining such difference, shall be borne and paid by the treasurer to the trustees, out of any money which shall then be in his hands, or out of any monies to be received by virtue of the Act for repairing and maintaining such turnpike road, such costs and expences to be settled and ascertained by some justice of the peace for the county wherein the dispute shall have arisen, not interested in the matter in question, who is hereby authorized and empowered to settle and determine the same, and to make an order on the treasurer of the trustees liable thereto for the payment thereof;-But if any such jury or juries so summoned and sworn as aforesaid, shall give in and deliver a verdict or assessment for no more or for less money than shall have been agreed to and offered by the trustees before the summoning and returning of the said jury or juries, as a recompence and satisfaction for any such right, interest, or property in any such lands, tenements, hereditaments, or premises, or losses or damages as aforesaid, then the costs and expences of summoning and maintaining the said jury and witnesses, and all other expences as aforesaid, shall be borne and paid by the person or persons with whom such trustees shall have such controversy or dispute; which said costs and expences, having been ascertained and settled by some justice of the peace for the county wherein the cause of dispute shall arise, not interested in the matter in question, (who is hereby required to examine and settle the same,) shall and may be deducted out of the money so assessed and adjudged, person or persons, and the payment or tender of the remainder of such monies shall be deemed and taken, to all intents and purposes, to be a payment or tender of the whole sum or sums so assessed and adjudged; or otherwise such costs and expences, in case the same or any part thereof shall exceed such damages, and shall not be paid upon demand, after being so ascertained and settled as aforesaid, may be recovered by the said trustees by the ways and means hereinafter provided for the recovery of penalties and forfeitures (a) :-Provided always, that in cases where any person or persons shall, by reason of absence, have been prevented from treating, such costs and expences shall be borne and paid by the said trustees in manner aforesaid. New road to be a highway. -Old road to be stopped up and the land sold. -By Section 88, When any turnpike road shall be diverted or turned, and the new road shall be made and completed, such new road shall be in lieu of the old road, and shall be subject to all the provisions and regulations in any Act of Parliament contained, or otherwise, to which the old road was subject, and shall be deemed and taken to be a common highway, and shall be repaired and maintained as such :-And the old road shall be stopped up, and the land and soil thereof shall be sold by the trustees to some person or persons whose lands adjoin thereto, as hereinafter mentioned with regard to pieces of ground not wanted (b):-But if such old road shall lead to any lands, house, or place, which cannot, in the opinion of the said trustees, be conveniently accommodated with a passage from such new road, (a) See sect. 141.-Post, Chapter VI. Section III. which they are hereby authorized to order and lay out if they find it necessary, then and in such case the old road shall be sold, but subject to the right of way and passage to such lands, house, or place respectively, according to the ancient usage in that respect; and the money arising from such sale, in either of the said cases, shall be applied towards the purchase of the land where such new road shall be made, or in the same manner as the tolls arising on such road, as the trustees thereof shall think fit; and upon the completion of any contract whereby any part of the old road shall be given in payment for the value of the ground taken for the new road, or upon payment of the price of any part of the old road, the soil of such old road shall become vested in the purchaser thereof and his heirs; but all mines, minerals, and fossils lying under the same shall continue the property of the person or persons who would from time to time have been entitled to the same, if such old road had continued. Power to sell unnecessary pieces of land, or tenements. By Section 89, Where the trustees of any turnpike road shall have purchased, or shall be possessed of any piece or pieces of ground, not wanted for the purposes of such road, it shall be lawful for such trustees to sell and dispose of the same:-Provided always, that the said trustees, before they shall sell and dispose of any such piece or pieces of ground not wanted for the purposes of such turnpike road as aforesaid, to any other person or persons, shall first offer the same to the person or persons of whom the same shall have been purchased, or to the person or persons whose lands shall adjoin thereto; and if such person or persons respectively shall then and thereupon refuse, or shall not agree (except with respect to or spectively, on an affidavit being made and sworn before a master or masters extraordinary in the High Court of Chancery, or before one of his Majesty's justices of the peace for the county where such ground is situate (who are hereby respectively empowered to take such affidavit ) by some person or persons no way interested in the said piece or pieces of ground, stating that such offer was made by or on the behalf of such rustees, and that such offer was then and thereupon refused, or was not agreed to by the person or persons to whom the same was made, such affidavit shall, in all courts whatsoever, be sufficient evidence and proof that such offer was made, and was refused or not agreed to by the person or persons to whom such offer was made (as the case may be):-And in case such person or persons shall be desirous of purchasing such piece or pieces of ground, and he, she, or they and the said trustees shall differ or not agree with respect to the price thereof, then the price or prices thereof shall be ascertained by a jury, in manner in this Act directed with respect to disputed value of premises to be taken and used in pursuance of this Act; and the expence of hearing and determining such difference shall be borne and paid in manner hereinbefore directed with respect to such purchases made by the said trustees, mutatis mutandis :-And the money to arise by the sale or sales of such pieces or parcels of ground shall be applied by the trustees to the purposes of the Act for repairing and maintaining such turnpike road, but the purchaser or purchasers thereof shall not be answerable or accountable for any misapplication or non-application of such money; And the conveyances of such piece or pieces of ground shall be made to the purchaser or respective purchasers |