Court of Chan

cery may order

reasonable Expences of Pur

chases and Costs

to be paid by the said Commissioners.

Expences of Titles to be paid by the said Commissioners.

be shown to the Satisfaction of the said Court; and the Dividends or Interest of the said 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 was a wrongful Possession, and that some other Person or Persons was or were lawfully entitled to such Houses, Buildings, Lands, Tenements, or Hereditaments, or Estate or Interest therein.

XVII. And be it enacted, That where, by reason of the Disability or Incapacity of any Person or Corporation entitled to any Lands, Tenements, or Hereditaments to be taken under or by Virtue of this Act, or from any other Cause whatsoever, the Purchase Money for such Lands, Tenements, or Hereditaments, or any Money to be paid for or by way of Compensation or Satisfaction for any Injury or Damage done to the same, shall be required to be paid into the Bank of England, and be subject to the Orders and Directions of the Court of Chancery, under the Provisions herein contained, it shall be lawful for the said Court to order all the reasonable Costs, Charges, and Expences attending such Purchase, taking, or using of any Lands, Tenements, and Hereditaments, or which may be incurred in consequence thereof, and also of the Investment of the Purchase or Compensation Money paid in respect of such Lands, Tenements, and Hereditaments in Real or Government Securities, and likewise the Reinvestment of such Purchase or Compensation Money, or the Government or Real Securities purchased therewith, in the Purchase of Lands, Tenements, and Hereditaments, as herein-before mentioned, together with the Costs, Charges, and Expences of obtaining the proper Orders and of the other Proceedings for such Purposes, and of the Payment of the Dividends and Interest of the said Government or Real Securities, and of the Payment of the Principal of the said Purchase or Compensation Money, and of the Government or Real Securities purchased therewith, out of Court, to be paid by the said Commissioners, and the said Commissioners shall from Time to Time pay such Sums of Money for the said Costs, Charges, and Expences as the said Court shall direct.

XVIII. And be it enacted, That all the Costs, Charges, and Expences, on the Part as well of the Seller as of the Purchaser, of all Conveyances and Assurances of any Lands and Hereditaments which shall be purchased or taken by the said Commissioners for the Purposes of this Act, and of deducing, evidencing, and verifying such Title as the said Commissioners may require to the said Lands and Hereditaments, and of all attested Copies which the said Commissioners may require of any Deeds, Evidences, or Writings relating thereto, and all Expences whatsoever incident to the Investigation, Deduction, or Verification of such Title, shall be exclusively borne and paid by the said Commissioners, and the said Commissioners, before entering into possession of the Lands and Hereditaments so purchased, shall pay the Amount of such Costs, Charges, and Expences, or in case there shall be any Dispute about the same, shall deposit, for the Purpose of paying the same, in such Manner as herein-after mentioned, the Amount of the Costs, Charges, and Expences claimed by the Party of

Parties

Parties from whom the Lands and Hereditaments shall be purchased: Provided always, that the said Commissioners shall not be prevented from entering into possession of the Lands and Hereditaments so purchased by reason of the Nonpayment of the said Costs, Charges, and Expences, or by reason of the Deposit herein mentioned not having been made, unless the Party or Parties from whom such Lands and Hereditaments shall have been purchased shall, within Seven Days after Notice in Writing for that Purpose shall have been given to them by the said Commissioners, deliver a Bill of their said Costs, Charges, and Expences to the said Commissioners, with the Name of a Solicitor as their Referee for the Purposes herein-after mentioned; and if the said Commissioners and the Party or Parties aforesaid cannot agree as to the Amount of such Costs, Charges, and Expences, the said Commissioners shall name a Solicitor as a Referee on their Part, and deposit the Amount of the Costs, Charges, and Expences claimed by such Party or Parties as aforesaid in the Hands of the said Two Referees, to answer the same; and such Costs, Charges, and Expences shall be settled and determined by the said Two Referees, or in case they should differ about the same, then by a Third Solicitor, as Umpire, to be named and appointed by such Two first Referees before they proceed on the Matter referred to them; and the Award and Determination of the said Two Referees or of the said Umpire, as the Case may be, shall be binding and conclusive, and shall be made within One Calendar Month from the Time of making such Deposit as is herein-before mentioned; and upon such Award and Determination being made the said Referees shall, by and out of the Money so deposited with them pay to the Party or Parties from whom the said Lands and Hereditaments shall be so purchased as aforesaid the Amount of the Costs, Charges, and Expences which shall be so awarded and determined, and the Remainder of the said Money so deposited shall be returned to the said Commissioners: Provided also, that the Expence of determining such Costs, Charges, and Expences as aforesaid shall be paid and borne by the said Commissioners, unless One Sixth of the said Costs, Charges, and Expences shall be disallowed, in which Case the Expence of determining the same shall be borne and paid by the said Sellers, and the Amount thereof may then be deducted by the said Commissioners from the Sum payable by them under the Award and Determination of the said Two Referees or of the said Umpire.

XIX. And be it enacted, That in case any Difference should arise between the said Commissioners and any of the Owners, or Occupiers of the Property to be taken or used for the Purposes of this Act, as to the Amount or Value of the Damage done by the said Commissioners, their Agents or Workmen, to such Property, in the Execution of any of the Powers of this Act, and such Difference cannot be adjusted and settled between the Parties, the same shall, in case the Amount of Damages claimed does not exceed Fifty Pounds, be ascertained and determined by some Two or more Justices of the Peace for the County of Kent, and who, on Application made to them by both or either of the said Parties, shall examine into the Matter in dispute, and shall determine and settle the Amount of Compensation which shall be payable by the 8 & 9 VICT. said

U

How Price of Land to be ascertained in case of Differ

ence.

Lands, &c. to vest in Commissioners after Payment or

chase Money.

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 Tender of Pur. 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.

Determination of Differences as to Con

sideration for **lease of

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

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.

required, the

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 charged are for the Purposes of this Act, the Apportionment of any such 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.

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, remaining Portion to ments, such last-mentioned Hereditaments shall alone be charged be subject to with the whole of such Charge, or with the Remainder thereof, (as whole of the Case may be,) and the Party entitled to the Charge shall have Charge. 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.

a

tionment of Rent of Hereditaments where

XXV. And with respect to any Houses, Buildings, Lands, As to ApporTenements, and Hereditaments which shall be comprised in 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 the 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.

Part only re

In case Mortgage Money

amount to more

than the Value of the Pre

ises, the Mort

Hospital or their Successors, and they shall (in case of a Mort-
gage) 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 pur-
chased 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 Com-
missioners 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 of 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