No. 289. 29 VICTORIA, bond being fully performed it shall be lawful for the Supreme Court upon a like application to order the money so deposited or the securities on which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the promoters of the undertaking; or if such condition shall not be fully performed, it shall be lawful for the said court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited. Penalty on the promoters of the undertaking en tering upon lands before payment without consent of the purchase money. "The Lands Clauses Consoli s. 89. 346. If the promoters of the undertaking or any of their contractors shall except as aforesaid wilfully enter upon and take possession of any lands which shall be required to be purchased or permanently used for the purposes of the special Act without such consent as aforesaid, or without having made such payment for the benefit of the parties interested in the lands or such deposit by way dation Act 1845" of security as aforesaid, the promoters of the undertaking shall forfeit to the party in possession of such lands the sum of ten pounds over and above the amount of any damage done to such lands by reason of such entry and taking possession as aforesaid, such penalty and damage respectively to be recovered before two justices and if the promoters of the undertaking or their contractors shall after conviction in such penalty as aforesaid continue in unlawful possession of any such lands, the promoters of the undertaking shall be liable to forfeit the sum of twenty-five pounds for every day they or their contractor shall so remain in possession as aforesaid, such penalty to be recoverable by the party in possession of such lands with costs by action in the Supreme Court. Provided always that nothing herein contained shall be held to subject the promoters of the undertaking to the payment of any such penalties as aforesaid, if they shall bona fide and without collusion have paid the compensation agreed or awarded to be paid in respect of the said lands to any person whom the promoters of the undertaking may have reasonably believed to be entitled thereto, or shall have deposited the same in the bank for the benefit of the parties interested in the lands, or made such deposit by way of security in respect thereof as hereinbefore mentioned, although such person may not have been legally entitled thereto. Decision of jus tices as to penal sive as to right ties not conclu of entry. Ib. s. 90. Proceedings in deliver possession 347. On the trial of any action for any such penalty as aforesaid, the decision of the justices under the provision hereinbefore contained shall not be held conclusive as to the right of entry on any such lands by the promoters of the undertaking. 348. If, in any case in which according to the provisions in this case of refusal to Part or the special Act or any Act incorporated therewith the promoters of the undertaking are authorised to enter upon and take possession of any lands required for the purposes of the undertaking, the owner or occupier of any such lands or any other person refuse to give up the possession thereof or hinder the promoters of the undertaking from entering upon or taking possession of the same, it shall be lawful for the promoters of the undertaking to issue their warrant to the sheriff to deliver possession of the same to the person appointed in such warrant to receive the same; and upon the receipt of such warrant the sheriff shall deliver possession of any such lands accordingly; and the costs accruing by reason of the No. 289. issuing and execution of such warrant to be settled by the sheriff 29 VICTORIA, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retained by the promoters of the undertaking from the compensation if any then payable by them to such party; or if no such compensation be payable to such party or if the same be less than the amount of such costs, then such costs or the excess thereof beyond such compensation, if not paid on demand, shall be levied by distress; and upon application to any justice for that purpose he shall issue his warrant accordingly. part of a house. 349. No party shall at any time be required to sell or convey Parties not to be to the promoters of the undertaking a part only of any house or required to sell other building or manufactory if such party be willing and able to "The Lands sell and convey the whole thereof. Clauses Consolidation Act 1845" 8. 92. sected lands may 350. If any lands not being situate in a town or built upon owners of intershall be so cut through and divided by the works as to leave either insist on sale. on both sides or on one side thereof a less quantity of land than half Ib. s. 93. a statute acre, and if the owner of such small parcel of land require the promoters of the undertaking to purchase the same along with the other land required for the purposes of the special Act, the promoters of the undertaking shall purchase the same accordingly, unless the owner thereof have other land adjoining to that so left into which the same can be thrown so as to be conveniently occupied therewith; and if such owner have any other land so adjoining, the promoters of the undertaking shall (if so required by the owner) at their own expense throw the piece of land so left into such adjoining land by removing the fences and levelling the sites thereof and by soiling the same in a sufficient and workmanlike manner. in certain cases chase of inter 351. If any such land shall be so cut through and divided as to Promoters of the leave on either side of the works a piece of land of less extent than undertaking may half a statute acre or of less value than the expense of making a insist on purbridge culvert or such other communication between the land so sected land. divided as the promoters of the undertaking are under the provisions Ib. s. 94. of this Part or the special Act or any Act incorporated therewith compellable to make, and if the owner of such lands have not other lands adjoining such piece of land and require the promoters of the undertaking to make such communication, then the promoters of the undertaking may require such owner to sell to them such piece of land; and any dispute as to the value of such piece of land or as to what would be the expense of making such communication shall be ascertained as herein provided for cases of disputed compensation; and on the occasion of ascertaining the value of the land required to be taken for the purposes of the works the jury or the arbitrators (as the case may be) shall (if required by either party) ascertain by their verdict or award the value of any such severed piece of land, and also what would be the expense of making such communication. 352. It shall be lawful for the promoters of the undertaking to Power to redeem purchase or redeem the interest of the mortgage of any such lands mortgages. which may be required for the purposes of the special Act, and that b. s. 108. whether they shall have previously purchased the equity of redemption of such lands or not, and whether the mortgagee thereof be entitled thereto in his own right or in trust for any other party, and No. 289. 29 VICTORIA, Whether he be in possession of such lands by virtue of such mortgage or not, and whether such mortgage affect such lands solely or jointly with any other lands not required for the purposes of the special Act; and in order thereto the promoters of the undertaking may pay or tender to such mortgagee the principal and interest due on such mortgage together with his costs and charges (if any) and also six months' additional interest, and thereupon such mortgagee shall immediately convey his interest in the lands comprised in such mortgage to the promoters of the undertaking or as they shall direct; or the promoters of the undertaking may give notice in writing to such mortgagee that they will pay off the principal and interest due on such mortgage at the end of six months computed from the day of giving such notice; and if they shall have given any such notice or if the party entitled to the equity of redemption of any such lands shall have given six months' notice of his intention to redeem the same, then at the expiration of either of such notices or at any intermediate period upon payment or tender by the promoters of the undertaking to the mortgagee of the principal money due upon such mortgage and the interest which would become due at the end of six months from the time of giving either of such notices together with his costs and expenses (if any) such mortgagee shall convey or release his interest in the lands comprised in such mortgage to the promoters of the undertaking or as they shall direct. Deposit of mort gage money on refusal to accept. "The Lands Clauses Consoli s. 109. 353. If in either of the cases aforesaid upon such payment or tender any mortgagee shall fail to convey or release his interest in such mortgage as directed by the promoters of the undertaking, or if dation Act 1845" he fail to adduce a good title thereto to their satisfaction, then it shall be lawful for the promoters of the undertaking to deposit in the bank, in the manner provided by this Part in like cases, the principal and interest together with the costs (if any) due on such mortgage, and also if such payment be made before the expiration of six months' notice as aforesaid, such further interest as would at that time become due; and it shall be lawful for them if they think fit to execute a deed poll in the manner hereinbefore provided in the case of the purchase of lands by them; and thereupon as well as upon such conveyance by the mortgagee (if any such be made) all the estate and interest of such mortgagee and of all persons in trust for him or for whom he may be a trustee in such lands shall vest in the promoters of the undertaking, and they shall be entitled to immediate possession thereof in case such mortgagee were himself entitled to such possession. Sum to be paid when mortgage exceeds the value of the lands. Ib. s. 110. 354. If any such mortgaged lands shall be of less value than the principal interest and costs secured thereon, the value of such lands or the compensation to be made by the promoters of the undertaking in respect thereof shall be settled by agreement between the mortgagee of such lands and the party entitled to the equity of redemption thereof on the one part, and the promoters of the undertaking on the other part; and if the parties aforesaid fail to agree respecting the amount of such value or compensation, the same shall be determined as in other cases of disputed compensation; and the amount of such value or compensation being so agreed upon or determined shall be paid by the promoters of the undertaking to the mortgagee in satisfaction of his mortgage debt so far as the same No. 289. will extend; and upon payment or tender thereof the mortgagee 29 VICTORIA, shall convey or release all his interest in such mortgaged lands to the promoters of the undertaking or as they shall direct. when refused on tender. Clauses Consoli deposit. estate may be 355. If upon such payment or tender as aforesaid being made Deposit of money any such mortgagee fail so to convey his interest in such mortgage or to adduce a good title thereto to the satisfaction of the promoters "The Lands of the undertaking, it shall be lawful for them to deposit the amount dation Act 1845" of such value or compensation in the bank in the manner provided s. 111. by this Part in like cases; and every such payment or deposit shall Effect of such be accepted by the mortgagee in satisfaction of his mortgage debt so far as the same will extend, and shall be a full discharge of such mortgaged lands from all money due thereon; and it shall be lawful Mortgagee's for the promoters of the undertaking (if they think fit) to execute a transferred by deed poll in the manner hereinbefore provided in the case of the deed poll. purchase of lands by them; and thereupon such lands as to all such estate and interest as were then vested in the mortgagee or any person in trust for him shall become absolutely vested in the promoters of the undertaking, and they shall be entitled to immediate possession thereof in case such mortgagee were himself entitled to such possession: nevertheless all rights and remedies possessed by the mortgagee against the mortgagor by virtue of any bond covenant or other obligation other than the right to such lands shall remain in force in respect of so much of the mortgage debt as shall not have been satisfied by such payment or deposit. of mortgaged Ib. s. 112. 356. If a part only of any such mortgaged lands be required sum to be paid for the purposes of the special Act, and if the part so required be of where part only less value than the principal money interest and costs secured on lands taken. such lands, and the mortgagee shall not consider the remaining part of such lands a sufficient security for the money charged thereon or be not willing to release the part so required, then the value of such part and also the compensation (if any) to be paid in respect of the severance thereof or otherwise shall be settled by agreement between the mortgagee and the party entitled to the equity of redemption of such land on the one part, and the promoters of the undertaking on the other; and if the parties aforesaid fail to agree respecting the amount of such value or compensation, the same shall be determined as in other cases of disputed compensation; and the amount of such value or compensation being so agreed upon or determined shall be paid by the promoters of the undertaking to such mortgagee in satisfaction of his mortgage debt so far as the same will extend; and thereupon such mortgagee shall convey or release to them or as they shall direct all his interest in such mortgaged lands the value whereof shall have been so paid; and a memorandum of what shall have been so paid shall be endorsed on the deed creating such mortgage and shall be signed by the mortgagee; and a copy of such memorandum shall at the same time (if required) be furnished by the promoters of the undertaking at their expense to the party entitled to the equity of redemption of the lands comprised in such mortgage deed. in such circumstances when refused on tender. 357. If, upon payment or tender to any such mortgagee of the Deposit of money amount of the value or compensation so agreed upon or determined, such mortgagee shall fail to convey or release to the promoters of Ib. s. 113. No. 289. Mortgagee's estate may be transferred by deed poll. 29 VICTORIA, the undertaking or as they shall direct his interest in the lands in respect of which such compensation shall so have been paid or tendered, or if he shall fail to adduce a good title thereto to the satisfaction of the promoters of the undertaking, it shall be lawful for the promoters of the undertaking to pay the amount of such value or compensation into the bank in the manner provided by this Part in the case of moneys required to be deposited in such bank; Effect of deposit. and such payment of deposit shall be accepted by such mortgagee in satisfaction of his mortgage debt so far as the same will extend, and shall be a full discharge of the portion of the mortgaged lands so required from all money due thereon: and it shall be lawful for the promoters of the undertaking (if they think fit) to execute a deed poll in the manner hereinbefore provided in the case of the purchase of lands by them, and thereupon such lands shall become absolutely vested in the promoters of the undertaking as to all such estate and interest as were then vested in the mortgagee or any person in trust for him, and in case such mortgagee were himself entitled to such possession they shall be entitled to immediate possession thereof; nevertheless every such mortgagee shall have the same powers and remedies for recovering or compelling payment of the mortgage money or the residue thereof (as the case may be) and the interest thereof respectively upon and out of the residue of such mortgaged lands or the portion thereof not required for the purposes of the special Act as he would otherwise have had or been entitled to for recovering or compelling payment thereof upon or out of the whole of the lands comprised in such mortgage. Compensation to tain cases of mortgage paid off before the disputed time. "The Lands Clauses Consoli 8. 114. 358. In any of the cases herein before provided with respect to mencer lands subject to mortgage, if in the mortgage deed a time shall have been limited for payment of the principal money thereby secured and under the provisions herein before contained the mortgagee shall have been required to accept payment of his mortgage money or of dation Act 1845" part thereof at a time earlier than the time so limited, the promoters of the undertaking shall pay to such mortgagee in addition to the sum which shall have been so paid off all such costs and expenses as shall be incurred by such mortgagee in respect of or which shall be incidental to the reinvestment of the sum so paid off, such costs in case of difference to be taxed and payment thereof enforced in the manner herein provided with respect to costs of conveyances; and if the rate of interest secured by such mortgage be higher than at the time of the same being so paid off can reasonably be expected to be obtained on reinvesting the same, regard being had to the then current rate of interest, such mortgagee shall be entitled to receive from the promoters of the undertaking, in addition to the principal and interest hereinbefore provided for, compensation in respect of the loss to be sustained by him by reason of his mortgage money being so prematurely paid off, the amount of such compensation to be ascertained in case of difference as in other cases of disputed compensation; and until payment or tender of such compensation as aforesaid the promoters of the undertaking shall not be entitled as against such mortgagee to possession of the mortgaged lands under the provision hereinbefore contained. When part only of lands under 359. If any lands shall be comprised in a lease for a term of lease taken the years unexpired part only of which lands shall be required for the |