How compensation to be settled in notice shall be left at the principal off of such corporation, or, If for fourteen days after the service of any such notice as Defence Act. aforesaid any party on whom the same is served fail to state the 1860, sec. 12 case of neglect particulars of his claim in respect of any lands to which such notice relates, or to treat with the said Secretary of State as to the amount of compensation to be paid to such party or which he is empowered to agree upon, to treat. Provision where compensation claimed is under 2001. to absent parties to be settled by a surveyor to be appointed by two justices. Or if the said Secretary of State and such party do not within such fourteen days agree as to the amount of such compensation, Such amount shall be settled by a jury in like manner as if the same were compensation for lands surveyed and marked out under the Defence Act, 1842, as amended by the Ordnance Transfer Act, 1855: Provided always, that if the compensation claimed do not Ibid, sec. 13. exceed two hundred pounds, the same shall be settled by two Justices, in manner following; that is to say, it shall be lawful for any Justice, upon the application of either party, to summon the other party to appear before two Justices at a time and place to be named in the summons, and upon the appearance of the parties, or, in the absence of either of them, upon proof of due service of the summons, it shall be lawful for such Justices to determine such amount, and for that purpose to examine the claimant and the witnesses of the parties upon oath. Compensation Where by reason of absence from the United Kingdom any Ibid, sec. 14. party is prevented from treating, or cannot after diligent inquiry be found, the amount of such compensation shall be determined by valuation in manner following; that is to say, the said Secretary of State shall make application to two Justices and upon proof satisfactory to them that any such party is by reason of absence from the Kingdom prevented from treating, or cannot after diligent inquiry be found, such Justices shall, by writing under their hands, nominate a competent surveyor for determining the amount of such compensation as aforesaid, and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. Surveyor acting corruptly to be guilty of a misdemeanour Valuation to If any surveyor wilfully and corruptly make any incorrect Ibid, sec. 15. or false valuation, or wilfully and corruptly act in the matter hereof, he shall be guilty of a misdemeanor. The said nomination shall be annexed to the valuation to be Ibid, sec. 16. be preserved made by such surveyor, and shall be preserved together thereand produced with by the said Secretary of State, who shall at all times produce the said valuation and other documents, on demand, to all parties interested in the lands comprised therein. on demand. i 3 and 24 ec. 7; and 9; and - 68, sec. 3. 3. Powers of the Lands Clauses Consolidation Acts, 1845, may be used. War to use For the purchase or acquisition of any messuages, lands, Power to ict., c. 106, tenements, and hereditaments wanted for the Service of the Secretary for e c. 112, sec. Admiralty, or of the War Department, or for the Defence of the powers the Realm, it shall be lawful for Her Majesty's Principal given to pro5 & 36 Vict., Secretary of State for the War Department for the time being moters of undertakings to use all or any of the powers and provisions by the Lands by 8 and 9 Clauses Consolidation Act, 1845, and by the Lands Clauses Vict., cap. 18. Consolidation (Scotland) Act, 1845, given to promoters of the undertaking, as therein mentioned, and for such purposes the said Principal Secretary shall be deemed and taken to be the promoters of an undertaking within the meaning of the said Act, and all the powers and provisions thereof shall, if used by Her Majesty's Principal Secretary of State for the War Department, be treated as if they were contained in the Defence Act, 1842, for the purpose of being used and made available by the Principal Officers of Her Majesty's Ordnance, and had been transferred to the said Principal Secretary for the time being by the Ordnance Board Transfer Act, 1853, for the purposes aforesaid: provided always that nothing herein contained shall authorize any purchase otherwise than by agreement, of any land, except according to the provisions of the 23rd Section of the Defence Act, or prejudice or affect the powers and authorities of the said Principal Secretary for the time being under the said last-mentioned Statutes, or either of them. Defence Act, (1.) AS TO THE PAYMENT OF PURCHASE MONEY TO THE COURT able to bodies invested. I. These provisions are contained in the Defence Act, 1842. Where any money shall have been or shall be agreed, or shall Purchase 842, sec. 25. have been or shall be required by the verdict of any jury, to be moet podi paid or given by the said principal officers, for the absolute politic, &c., purchase or exchange of any messuages, buildings, castles, forts, how to be lines, or other fortifications, manor, lands, grounds, tenements, or hereditaments, or of any reversion, as aforesaid,1 or of the enfranchisement of any copyhold or purchase of any other interest belonging to any such body, or other person or persons under any disability or incapacity, or not having the absolute interest therein, the said money, if the same shall amount to or exceed the sum of two hundred pounds, shall be paid into the bank of England in the name and with the priority of the Accountant-General of the Court of Chancery, to be placed to his account, then in the manner of the particular Act to the credit of the persons claiming to be interested therein (naming them), pursuant to the method prescribed by any Act in force for the time being, for regulating the payment of monies in the said Court, and upon the filing in the Court of Chancery of the certificate of the Accountant 1 See 22 and 23 Vict., c. 21, s. 8. 2 As to the forms of request, see 12 & 13, Appendix, p. 229. 2 Court of General, with the receipt annexed of the payment into his The Court of Chancery is hereby authorized and empowered, Defence Act, Chancery to in a summary way, upon motion or petition for or on behalf of 1842, sec. 26. for the invest- any person or persons interested in or entitled to the benefit of ment of such the money so paid to and received by the said Accountant make order purchase money. Investment of purchase money when less than 2007. General, or the interest or produce thereof, and upon reading In case such purchase money as is lastly herein-before Ibid, sec. 27. 1 Payment in the terms of this section is equivalent to an absolute discharge to the Secretary of State. 2 As to the mode of procedure, the 23rd section of the Defence Act, 1860, supersedes this section. Maynard's Trusts, 7 Jur. (N.S.), 232. Upon the construction of its concluding words see "Ex parte the Duke of Wellington," 33 Bea. Rep., 13. It was never the practice of the Department to appear upon these petitions, and the Court acts upon the case without any reference to the Department, against whom costs cannot be given. Defence Act, wise the same shall be paid, at like option, to three trustees to In case such purchase money shall be less than 207., then Investment of 842, sec. 28. and in all such cases the same shall be applied to the use of the purchase money when person or persons who would for the time being be entitled to less than 207. the rents and profits of the messuages, buildings, castles, forts, lines, or other fortifications, manors, lands, tenements, and hereditaments, so purchased, in such manner as the said Principal Secretary shall think fit, or in case of infancy or lunacy, then to his, her, or their guardian or guardians, committee or committees, for the use and benefit of such person or persons entitled respectively. bid, sec. 30. Defence Act, 1860, sec. 20. deemed enti be shown. Provided always, and be it enacted, that where any question Persons in shall arise touching the title of any person to any money to be possession paid into the bank of England, pursuant to the directions of tled to the this Act, or at any bank annuities to be purchased with any such property until money, or the dividends or interest of any such bank annuities, contrary shall the person or persons who shall have been in possession of the property so purchased at the time of the purchase shall be deemed to have been lawfully entitled to such property according to such possession, until the contrary shall be shown to the satisfaction of the said Court of Chancery, and the dividends or interest of the bank annuities to be purchased with such money, and also the capital of such bank annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made to appear to the said Court that such possession or receipt was wrongful, and that some other person or persons was or were lawfully entitled to such property. II. These additional provisions are contained in the Defence Any compensation payable for or in respect of any lands, or Provision for any interest therein, taken from or holden by any owner who payment and by reason of absence is prevented from treating as aforesaid, application of or who cannot after diligent inquiry be found, or who refuses money in cercompensation to accept such compensation, or neglects or fails to make out a tain cases. title to such lands or the interest therein claimed by such owner to the satisfaction of the said Secretary of State. And any compensation payable for or in respect of any lands or any interest therein taken from or holden by any corporation or person not having, independently of this Act, 1860, and the Defence Act, 1842, as amended as aforesaid, an addition to meet future expenses. power to agree as to the amount of such compensation, or to Shall be paid and applied in manner directed by the sections Defence Act, numbered twenty-five to thirty of the Defence Act, 1842 (and 1860, sec. 20. with regard to England), as amended by section eight of 22 and 23 Vic., c. 21, as if the said sections expressly extended On payment Court on failure for Provision for The said Secretary of State may in any case at or after the Ibid, sec. 22, payment into expiration of three months from the time at which the compensation for any lands has been agreed upon or otherwise three months ascertained, if the owner thereof have not in the meantime. after compen- made out a title thereto to the satisfaction of the said Secretary of State, pay such compensation, without such addition as aforesaid, into the Bank of England or Ireland in manner hereinbefore referred to, and such payment shall discharge the said Secretary of State from all liability in respect of the money so paid. sation ascertained to deduce a title. Orders con- Provided always, that the Court of Chancery may, upon application for payment of such money to the party entitled, in case the Court be of opinion that there was no unreasonable delay in deducing the title, or that a good title was shown, order all or any costs occasioned by such payment into Court to be paid by the said Secretary of State. All orders and directions in relation to any money paid Ibid, sec. 23 into the Bank of England in the name and with the privity of the Accountant-General of the Court of Chancery under this Court may be Act, or the securities in or upon which the same may be made at Chambers. invested, or the dividends or interest on such money and- 1 1 See note 2, page 26. |