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notified in the manner prescribed in the Statute Eleventh George Fourth and First William Fourth, chapter sixtyeight, and shall be binding upon such company in the manner therein mentioned: Provided also, that the proof Proof of of the value of such animals, articles, goods, and things, value. and the amount of the injury done thereto, shall in all cases lie upon the person claiming compensation for such. loss or injury: Provided also, that no special contract Special between such company and any other parties respecting contract to the receiving, forwarding, or delivering of any animals, be sigued. articles, goods, or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods,

or things respectively for carriage: Provided also, that Saving of nothing herein contained shall alter or affect the rights, carriers act. privileges, or liabilities of any such company under the said Act of the Eleventh George Fourth and First William Fourth, chapter sixty-eight, with respect to articles of the descriptions mentioned in the said Act.

8. This Act may be cited for all purposes as "The Short title Railway and Canal Traffic Act, 1854."

Monies payable

under 13 & 14 Vict. c.

the bank of

England

into branch

COURT OF CHANCERY (LANCASTER) 1854.

17 & 18 Vict. cap. 82. An Act further to improve the Administration of Justice in the Court of Chancery of the County Palatine of Lancaster (so far as it amends the Lands Clauses Act.)

[7th August, 1854.]

13. And whereas by the twelfth section of the said act of the thirteenth and fourteenth years of the queen, chapter forty-three, it was enacted, that all monies pay43, s. 12, into able in respect of lands situate within the said county palatine, and which are authorized to be paid into or may be paid deposited in the bank of England to the account of the bank within accountant general of the high court of chancery, under the county and by virtue of "The Lands Clauses Consolidation Act, palatine. 1845," or any local or special act passed or to be passed incorporating the provisions of the said last-mentioned act, or otherwise authorizing the taking or using of lands situate in the said county palatine, and also that all monies and securities held by any party who might be sued in the court of chancery of the said county palatine in respect thereof, and which, under and by virtue of an act made and passed in the parliament held in the tenth and eleventh years of the reign of her present majesty, intituled An Act for better securing Trust Funds, and for the Relief of Trustees, might be in like manner paid or transferred into or deposited in the bank of England to the account of the said accountant general, might, from and after the passing of the said act now in recital, be in like manner paid or transferred into or deposited in the bank of England, to the joint account of the clerk of the council of the Duchy of Lancaster and of the registrar and comptroller of the said county palatine court, in the matter in respect whereof such payment, transfer, or deposit should be made, and that the receipt of one of the cashiers of the said bank should be a full discharge to the person paying or transferring or depositing the same, and that such monies and securities, and all costs of application in respect thereof, should be dealt with by the said court of chancery of the county palatine in the same manner as the same might be dealt with by the high court of chancery, or by the lord high chancellor or any of the judges of the said high court, if such monies or securities had

CAP. 32.

England to the credit of the accountant general of that 17 & 18 Vior. court, and the lands in respect of which such payment, transfer, or deposit should be made might be dealt with in the same manner, as if it had been made in manner prescribed by "The Lands Clauses Consolidation Act:" And whereas since the passing of the said recited act the said county palatine has been divided into districts, and registrars and comptrollers have been appointed for such districts respectively: Be it enacted that any monies and securities to be paid or transferred or deposited under the said recited provision may be so paid or transferred into or deposited with some one or other of the branches of the bank of England within the said county palatine, to the joint account of the clerk of the council of the duchy of Lancaster and the registrar and comptroller of the district within which such branch bank is so situate, and the receipt of the manager, or agent, or cashier of such branch bank shall be a full discharge to the person paying or transferring or depositing the same, and such payment, transfer, or deposit shall have the same force and effect as any payment, transfer, or deposit made under the said recited provision would have had: Provided always, that no monies shall be so paid or deposited under or by virtue of "The Lands Clauses Consolidation Act, 1845," or any local or special act as aforesaid, in case the party who would have been entitled to the rents and profits of the lands in respect of which such monies shall be payable, or his or her guardian or committee in case of infancy or lunacy, shall at any time before such payment or deposit serve or cause to be served a notice in writing at the office of the company taking the lands, requesting them not to make the payment or deposit.

Application

tion for com

paid under 8 & 9 Vict. c. 18.

INCLOSURE, &c. OF LAND, 1854.

17 & 18 Vict. cap. 97. An Act to amend and extend the Acts for the Inclosure, Exchange, and Improvement of Land (so far as it amends the Lands Clauses Act.) [10th August, 1854.] WHEREAS it is expedient that "The Acts for the Inclosure, Exchange, and Improvement of Land" should be amended and further extended: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

15. Where any money shall have been or may hereof compensa- after be paid to a committee under "The Lands Clauses mon rights Consolidation Act, 1845," or under any railway or other special act by which money may have been directed or authorized to be paid to a committee as compensation for the extinction of commonable or other rights, or for lands, being common lands, or in the nature thereof, the right to the soil of which may have belonged to the commoners, and the majority of such committee shall be of opinion that the provisions of such act for the apportionment thereof cannot be satisfactorily carried into effect, such majority may make application in writing to the commissioners to call a meeting of the persons interested in such compensation money, to determine whether or not such compensation money shall be apportioned under the provisions of this act.

Money to be paid into bank of England.

See 22 & 23 Vict. c. 43, 8. 9.

Interests to be ascertained by com

16. If the majority in number and interest shall resolve that such compensation money shall be apportioned, the amount of such compensation money shall be forthwith paid into the bank of England, to the credit of an account to be named by the inclosure commissioners for England and Wales; and the said committee shall be absolutely discharged from all liability in respect of such compensation money, upon payment thereof into the bank of England as herein-before directed.

17. As soon as the said monies shall have been paid into the bank, as aforesaid, the said inclosure commissioners, or any assistant commissioner appointed or to be missioners. appointed by them for that purpose, shall proceed to ascertain, determine and award the names of the parties

the said common and commonable lands, and the amount or value of their respective shares, rights, and interests therein, and the proportionate amount of the price so to be paid as aforesaid for such estates, rights, and interests to which each party so entitled as aforesaid is entitled, in respect of his share, right, or interest as aforesaid; and the award of the commissioners under their common seal, or assistant commissioner in writing under his hand and seal, shall be binding on all parties claiming such estates, rights, and interests as aforesaid; and for the purpose of ascertaining the rights and interests of such parties as aforesaid it shall be lawful for the said inclosure commissioners or assistant commissioner to call such meetings as they or he shall think fit of all persons naving or claiming any such rights or interests in the said common and commonable lands as aforesaid, at such time and place as the said commissioners or assistant commissioner shall think fit, so as the same shall be appointed by a public notice thereof in writing to be affixed at least twelve days before such meeting on the principal outer door of the parish church in which such land or any part is situate; and to be inserted in one of the public newspapers published or generally circulated in the county in which such land is situate; and at such meeting the said commissioners or assistant commissioner do and shall proceed to examine into and ascertain all and every the claims which shall be made or put forward in respect of any such rights or interests as aforesaid, and the relative and proportionate value of the estates, rights, and interests of any person or persons claiming to be entitled thereto, and for that purpose do and may employ any valuer or surveyor, and call for and receive such records, deeds, and writings, and such, ather proof or evidence, as the said commissioners or assistant commissioner may think fit; and they and he are and is hereby authorized and required to take the testimony of any witnesses upon oath (which oath they and he are and is respectively hereby empowered to adminis ter), or to take the affirmation of such witnesses in cases where affirmation is allowed by law instead of oath.

17 & 18 VICT

CAP. 97.

payment of

18. All the costs and expenses of the said inclosure As to the commissioners and assistant commissioner, and of any pa valuer or surveyor employed by them or him under the closure provisions herein before contained, shall, in the first commis sioners, and place, be paid out of such compensation monies, and the residue of the said monies shall be paid and divided be- residue of tween and amongst the said several parties to be named monies. in the said award, and in the shares and proportions

as to the

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