How Price of Land to be ascertained in case of Differ

Lands, &c. to vest in Commissioners after Payment or Tender of Pur. chase Money.

Determination

of Differences

as to Consideration for Release of

said Commissioners; and in all Cases in which as by this Act any Matters are referred to the Decision of any Justices it shall be lawful for such Justices to examine Witnesses and administer Oaths in all respects, and with the same Consequences as to false Swearing as if the same were a judicial Matter brought before them on which they were by Law entitled to adjudicate.

XX. And be it enacted, That all Persons hereby capacitated to sell, and who may not agree with the said Commissioners as to the Price to be paid, may, if they shall think fit, agree with the said Commissioners to refer it to any Person or Persons to ascertain the Amount to be paid, and every such Agreement shall be in all respects binding and effectual.

XXI. And be it enacted, That from and immediately after the actual Payment or Tender being made of the Money contracted or agreed or assessed or awarded to be paid as the Purchase Money or Compensation for any Houses, Buildings, Lands, Tenements, or Hereditaments, or any Estate or Interest therein, which shall be purchased or taken for the Purposes of this Act, either to the Body or Bodies, Person or Persons respectively entitled to receive such Money, or, where the Case shall so require or allow, into the Bank of England for the Purpose of being disposed of in the Manner in this Act directed concerning the same, all and every the Tenements and Hereditaments, and also all the Estates or Interests for or in respect whereof such Money shall have been so paid or tendered, shall absolutely vest in the said Commissioners of Greenwich Hospital and their Successors; and the said Commissioners and their Successors shall be deemed in Law to be in the actual Seisin and Possession thereof to all Intents and Purposes, freed and discharged from all former and other Estates, Rights, Titles, and Interests, Claims and Demands, as fully and effectually as if every Body or Person having any Estate or Interest in the Premises had actually conveyed the same by Lease, or by any Conveyance, Deed, Act, or Assurance in the Law whatsoever; and such Payment or Tender shall not only bar all Right, Title, Interest, Claim, or Demand of the Body or Bodies, Person or Persons, or unknown Person or Persons, of, in, or to the same Premises to whom or to whose Credit or for whose Benefit such Payment or Tender shall have been made, but also shall extend to and be deemed and construed to bar the Dower or Dowers of the Wife and Wives of such Person or Persons, and all Estates Tail, and other Estates in possession, reversion, remainder, expectancy, or contingency, and the Issue and Issues of such Person and Persons, and every other Person whomsoever: Provided nevertheless, that before such Payment or Tender it shall not be lawful for the said Commissioners of Greenwich Hospital, or their Successors, or any Person or Persons authorized by them, to take possession of any of the said Houses, Buildings, Lands, Tenements, or Hereditaments comprised in or affected by such Agreement or Verdict respectively, or to enter upon or use the same for any of the Purposes of this Act.

XXII. And with respect to any Houses, Buildings, Lands Tenements, or Hereditaments, Lands which shall be charged with any Rent Service, Rent-charge, or chief or other Rent, or other Payment or Incumbrance, be it enacted, That if any Difference

8

shall

shall arise between the said Commissioners and the Party entitled Hereditaments to any such Charge respecting the Consideration to be paid for from Charges. the Release of such Hereditaments therefrom, or from the Portion thereof affecting the Hereditaments required for the Purposes of

this Act, the same shall be determined as in other Cases of disputed Compensation.

XXIII And be it enacted, That if Part only of the Here- When Part only ditaments charged with any such Rent Service, Rent-charge, chief of Hereditaor other Rent, Payment, or Incumbrance, be required to be taken ments so for the Purposes of this Act, the Apportionment of any such charged are required, the Charge may be settled by Agreement between the Party entitled Apportionment to such Charge and the Owner of the Hereditaments on the one of Charge may Part, and the said Commissioners on the other Part; and if such be settled by Apportionment be not so settled by Agreement, the same shall be Agreement. settled by Two Justices; but if the remaining Part of the Hereditaments so jointly subject be a sufficient Security for such Charge, then, with Consent of the Owner of the Hereditaments so jointly subject, such Owner not being under legal Disability or Incapacity, the Party entitled to such Charge may release therefrom the Hereditaments required, on condition or in consideration of such other Hereditaments remaining exclusively subject to the whole thereof.

be subject to whole of

Charge.

XXIV. And be it enacted, That if any such Hereditaments be Where Part of so released from any such Charge or Incumbrance, or Portion Hereditaments thereof, to which they were subject jointly with other Heredita- taken, remainments, such last-mentioned Hereditaments shall alone be charged in Portion to with the whole of such Charge, or with the Remainder thereof, (as the Case may be,) and the Party entitled to the Charge shall have all the same Rights and Remedies over such last-mentioned Hereditaments, for the whole or for the Remainder of the Charge (as the Case may be), as he had previously over the whole of the Hereditaments subject to such Charge; and if upon any such Charge or Portion of Charge being so released the Deed or Instrument creating or transferring such Charge be tendered to the said Commissioners for the Purpose, they shall affix their Corporation Seal to a Memorandum of such Release, endorsed on such Deed or Instrument, declaring what Part of the Hereditaments originally subject to such Charge shall have been purchased by virtue of this Act, and if the Hereditaments be released from Part of such Charge, what Proportion of such Charge shall have been released, and how much thereof continues payable, or if the Hereditaments so required shall have been released from the whole of such Charge, then that the remaining Hereditaments are thenceforward to remain exclusively charged therewith; and such Memorandum shall be Evidence in all Courts and elsewhere of the Facts therein stated, but not so as to exclude any other Evidence of the same Facts.

As to Appor

tionment of Rent of Here

ditaments where

XXV. And with respect to any Houses, Buildings, Lands, Tenements, and Hereditaments which shall be comprised in a Lease for a Term of Years unexpired, Part only of which Lands shall be required for the Purposes of this Act, be it enacted, That Part only rethe Rent payable in respect of the Lands comprised in such Lease quired for Pur. shall be apportioned between the Lands so required and the poses of the Residue of such Lands; and such Apportionment may be settled Act.

In case Mortgage Money

amount to more

than the Value of the Premises, the Mort

Hospital or their Successors, and they shall (in case of a Mortgage) be deemed to be in the actual Possession of the Premises comprised in such Mortgage, or of the Part thereof so purchased or taken as aforesaid, to all Intents and Purposes whatsoever: Provided also, that if the Sum due for Principal and Interest in respect of any Mortgage or other Security or Charge of or on any Houses, Lands, Tenements, and Hereditaments, the whole or any Part of which shall be purchased or taken for the Purposes of this Act, shall amount to more than the Value of the Premises charged therewith, or the Part thereof so purchased or taken as aforesaid, such Incumbrancer shall, upon Payment or Tender of the Sum to be ascertained as the Value of the Houses, Buildings, Lands, Tenements, and Hereditaments, or Part thereof, to be purchased or taken as aforesaid, forthwith convey, assign, release, and transfer his or her Interest or Claim in or upon such Houses, Buildings, Lands, Tenements, and Hereditaments, or such Part thereof, to the said Commissioners of Greenwich Hospital, or their Successors, or to such Person or Persons as they shall appoint, and in default of so doing, and on Payment of such Money into the Bank of England for the Use of such Incumbrancer, the Cashier or Cashiers of the Bank shall give such Receipt or Receipts as aforesaid; and thereupon all the Estate, Right, Title, Interest, Property, Claim, and Demand of such Incumbrancer, and all and every Person or Persons in trust for him or her in the said Houses, Buildings, Lands, Tenements, and Hereditaments, or Part thereof, the Value whereof shall have been so ascertained and paid into the Bank as aforesaid, shall vest in the said Commissioners and their Successors, and they shall be deemed to be in the actual Possession of the said Premises to all Intents and Purposes whatsoever; and such Sums of Money shall be deducted from the Amount of the Principal and Interest due to such Incumbrancer by virtue of such Mortgage, Security, or Charge: Provided always nevertheless, that, notwithstanding any thing herein-before contained, every such Incumbrancer as aforesaid, the whole of whose Principal Money and Interest due or payable as aforesaid shall not be paid or tendered in full, shall in any of the Cases aforesaid have, retain, and be entitled to such and the same Powers, Remedies, and Means for recovering and compelling Payment of the Principal Money, or the Residue thereof, as the Case may be, and the Interest thereof respectively upon and out of the Residue of the Hereditaments not required for the Purposes aforesaid, as he would otherwise have had or been entitled to for recovering or compelling Payment thereof upon or out of the whole of the Hereditaments originally comprised in such Mortgage or other Security or Charge, and also shall have and retain all his Rights and Remedies in respect of such Principal Money, or the Residue thereof, (as the Case may be,) and the Interest thereof respectively, against any Person or Persons whomsoever in respect of any personal, collateral, or other Security whatsoever.

XXX. And be it enacted, That if the Sum due for Principal and Interest in respect of any Mortgage or other Security or Charge of or on any Houses, Buildings, Lands, Tenements, and Hereditaments, the whole or Part whereof shall be purchased or taken for the Purposes of this Act, shall amount to more than

the

ments, to as

the Value of the Premises charged therewith, or of such Part or gagors, on PayParts thereof as shall be purchased or taken as aforesaid, the ment of Value Mortgagor or Mortgagors, or other the Person or Persons entitled of Hereditaeither at Law or in Equity, subject to such Mortgage or other sign their Security or Charge, shall, upon Payment or Tender of the Sum to Interest to be awarded or assessed as the Value of the Houses, Buildings, Commissioners. Lands, Tenements, and Hereditaments, or Part thereof, to be so purchased or taken as aforesaid, to such Mortgagee or Party, or into the Bank as aforesaid, forthwith, without any Consideration, convey, assign, and release his or her Right, Equity of Redemption, Estate, or other Interest whatsoever in such Houses, Buildings, Lands, Tenements, and Hereditaments, or Part thereof, to the said Commissioners of Greenwich Hospital or their Successors, or to such Person or Persons as they shall appoint, and in default of so doing shall be thenceforth barred and foreclosed from all Right, Equity of Redemption, Estate, and Interest whatsoever of and in the same Premises; and all the Estate, Right, Title, Interest, Property, Claim, and Demand of such Mortgagor or Party, and of every Person or Persons in trust for him or her in the said Premises, shall vest in the said Commissioners and their Successors, and they shall be deemed to be in the actual Possession thereof to all Intents and Purposes whatsoever.

XXXI. And be it enacted, That the Powers and Authorities Powers given by this Act given to the said Commissioners of Greenwich Hospital to Commisand their Successors for the Purchase of the Houses, Buildings, sioners to apply Lands, Tenements, and Hereditaments mentioned and comprised in the said Schedule to this Act annexed shall apply as well to any &c. Purchases already made or agreed to be made as to such as shall hereafter be made under the Provisions of this Act.

to Purchases already made,

XXXII. And be it enacted, That it shall be lawful for the said Power to arch Commissioners of Greenwich Hospital and their Successors, and over Drains, they are hereby authorized and empowered, in forming the said &c. Street, and making the Alterations and Improvements, to cause to be arched over or filled up any Sewer or Drain, or Part or Parts thereof, which shall lie and be in or near the said Street, so as

public Sewer or Drain whatsoever, or any private Drain, shall be in anywise disturbed, injured, or prejudiced, without another Drain or Sewer being made in lieu thereof equally serviceable and convenient to the Individual or Neighbourhood: Provided always, that at the Time of filling up any Sewer or Drain, or Part thereof, the said Commissioners of Greenwich Hospital, or their Successors, shall cause to be made and built other good and sufficient Sewers and Drains of the same or greater Size or Capacity, and upon the same or lower Levels than the Sewers or Drains which shall be filled up: Provided also, that if at any Time the said Commissioners of Greenwich Hospital shall alter or remove any Sewer, Drain, Bank, or other Work at present within the Jurisdiction of the Commissioners of Sewers for the Limits extending from the Head of the River Ravensbourne to Lombards Wall in the County of Kent, and to build any other in lieu thereof, such Alteration, Removal, or rebuilding shall be done under the Superintendence and to the Satisfaction of the said Commissioners of Sewers or their Surveyor for the Time being,

Power to stop

up certain Roads.

After Formation of new

Street, same to be a public Highway.

Roads and Ways

at the Cost, nevertheless, of the said Commissioners of Greenwic Hospital.

XXXIII. And be it enacted, That it shall be lawful for the sai Commissioners of Greenwich Hospital and their Successors to tak and stop up the several Roads or Ways called or known respe tively as "Friar's Road," situate in the Parish of Greenwich i the County of Kent, commencing on the North Side of a certai Road or Highway called "Romney Road," and proceeding North wards to a certain Place called "the Ship Dock," and which sai Road or Way so proposed to be taken and stopped up is i Length Five hundred and seventy-one Feet or thereabouts, an in Breadth Forty Feet or thereabouts; also another Road or Way commencing on the East Side of King William Street in Green wich aforesaid, and proceeding thence Eastward up to the Wes Side of Friar's Road aforesaid, and which said lastly-described Road or Way is in Length Three hundred and twenty-nine Feet or thereabouts, and in Breadth Forty-five Feet or thereabouts; and also Part of another Road, Highway, or Place called "the Ship Dock," in the Parish of Greenwich aforesaid, commencing at the North End of the said Road or Highway called "Friar's Road," and proceeding Northwards One hundred and six Feet, and being in Breadth at the South End thereof Ninety-three Feet or thereabouts, and at the North End thereof Sixty-three Feet or thereabouts; also so much of another Road or Highway called "Stable Yard Street" as lies between the East Side of King William Street and the West Side of the said Street or Highway called "the Ship Dock," and which said last-mentioned Street is in Length Two hundred and fifty Feet or thereabouts, and in Breadth at the West End thereof Twenty-seven Feet or thereabouts, and at the East End thereof Twenty-four Feet or thereabouts; and also a Court or Passage called or known as "Whitehorse Alley," commencing on the North Side of Stable Yard Street, and ending on the South Side of Fisher Lane, and which said Court or Passage is in Length One hundred and twenty-four Feet or thereabouts, and in Breadth Five Feet Six Inches or thereabouts; all which said Roads, Ways, Street, and Passage are in the said Parish of Greenwich in the County of Kent; and the said Roads, Ways, Street, and Passage shall henceforth for ever hereafter cease to be Ways, Street, or Passage, and the Soil and Freehold thereof shall be henceforth vested in the said Commissioners of Greenwich Hospital and their Successors, freed and discharged from all private Right of passing and repassing along the same.

XXXIV. Provided always, and be it enacted, That after the said Fisher Lane shall be formed and completed to an average Width of Fifty Feet, such new Street shall be and thenceforth for ever thereafter shall continue and remain a public Highway to all Intents and Purposes, and be subject to the like Restrictions, Provisions, Powers, Liberties, Privileges, Matters, and Things, both parliamentary and parochial, as any other of the existing Highways within the Parish of Greenwich, not being Turnpike Road, is or are now subject.

XXXV. And be it enacted, That it shall not be lawful for the not to be stopped Commissioners of Greenwich Hospital to stop up the Roads and

Ways