Clause 49

The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building which is reasonably required for the full and unimpaired use of the house, manufactory or other building, if any person interested desires that the whole of such house, manufactory or building shall be so acquired:Provided that such person interested may, at any time before the Collector has made an award under section 10 of this Act, by notice in writing withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired.

The question whether a part of any house, manufactory or building is reasonably required for the full and unimpaired use of the house, manufactory or building shall, if the parties cannot agree, be referred by the Collector for the determination of the court.

If any question arises as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building which is reasonably required for the full and unimpaired use of the house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the court, and shall not take possession of such land until after the question has been determined.