shall be construed to extend to any garden or pleasure Sect.337. ground, or to any land immediately contiguous to and used as the curtilage or homestead of any dwelling house. As to the mode of proceeding on the inquiry by the jury or juries so summoned as aforesaid. tion of Consoli 338. Where the lands the subject of inquiry shall be Incorporasituate either in England or Ireland, the Lands Clauses Lands Consolidation Act, 1845, from section forty to section sixty- Clanses eight inclusively, shall be incorporated with this Act; and dation Act for the purpose of this Act the expression "the promoters of (England the undertaking," wherever used in the said Lands Clauses land). Consolidation Act, shall mean the person authorised as aforesaid by the Commissioners of the Treasury. and Ire Clauses Incorpora339. Where the lands the subject of inquiry shall be tion of situate in Scotland, the Lands Clauses Consolidation Act, Lands 1845 (Scotland), from thirty-eight to sixty-eight inclusively, Consolishall be incorporated with this Act, and for the purpose of dation Act this Act, the expression "The promoters of this undertaking," wherever used in the Lands Clauses Consolidation Act, Scotland, shall mean the persons so authorised as aforesaid, by the Commissioners of the Treasury. (Scotland). tion of lessees. 340. The jury impannelled as aforesaid shall ascertain Compensathe compensation to be paid for any such lands, and the proportion to be paid out of such compensation to any lessees or tenants at will, or otherwise, of such lands, and the proportion so to be paid shall be returned on the verdict. up lands owners all 341. In all cases where lands shall have been taken Upon under the provisions of this Act for a term of years, or for such period as the public service shall require, the Com- to the missioners of the Treasury, or any other person so authorised erections as aforesaid, at any time before the possession of lands shall for the be delivered up to the owner thereof, or other person acting vice to be on his behalf, shall remove all such buildings or other removed, making public ser tion to owners. tion to be settled by two jus. tices. Sect. 341. erections which may have been erected thereon for the public compensa- service, and carry away the material thereof, making such compensation to the owner or owners of such lands or other person or persons, acting on his behalf, for the damage which In case of may have been done thereto, or to the soil thereof, by the dispute compensa- erection of any such buildings, or removing and carrying away the same, or otherwise, as the said Commissioners of the Treasury or other persons authorised as aforesaid shall think reasonable, and if such owner or owners, or other persons acting on his behalf, shall not be willing to accept the compensation so offered, the said Commissioners of the Treasury, or other person so authorised as aforesaid, may require two justices of the peace of the county, riding, stewartry, city, or place to ascertain the compensation which ought to be made for such damage, and such justices shall ascertain the same, and grant a certificate thereof, and the amount of compensation so ascertained, and certified shall forthwith be paid by warrant of the Commissioners of the Treasury to the person entitled thereto Provided, that nothing herein shall be construed to extend to alter, prejudice or affect any agreement which has or shall be entered into by any such person authorised as aforesaid with any owner of such lands, or other person acting on his behalf, in relation to such building or Act not to affect agreements between the Treasury and the owner. Money lands citated erections. As to the application of purchase moneys, &c., for lands purchased or taken from parties under disability, &c. 342. In all cases where any money shall have been or given for shall be agreed, or shall have been or shall be found by the belonging verdict of any jury to be paid for the use or possession of to incapa- lands taken by virtue of this Act belonging to any person persons, under any disability or incapacity, or not having the absolute &c., to be paid to interest therein, the same shall be paid by warrant of the the proper Commissioners of the Treasury to the proper officer of the the Court of Exchequer at Westminster, Edinburgh, or Dublin Exchequer for their respectively for the time being for receiving the moneys belonging to the suitors of the said Court, for the use of such officer of use; his certifi person, and such officer, is hereby authorised and required to Sect. 342, receive and give a discharge for such money, and upon receipt thereof to sign a certificate to the barons of the said Courts of Exchequer respectively, under his hand, signifying that such money was received by him for the use of such person. who shall be named in such certificate, and the said certificate and upon shall be filed in the said Court of Exchequer at Westminster, cate of Edinburgh, or Dublin, respectively, as the case may be, and receipt, a copy thereof, signed by such officer, shall be read and be vested allowed as evidence for the purposes hereinafter mentioned, in Her Majesty. and such officer is hereby required, upon receipt of any such sum of money as aforesaid, to pay the same into the Bank of England, or Bank of Scotland, or Royal Bank of Scotland, or Bank of Ireland, as the case may require, and immediately upon the filing of such certificate, the said lands shall be vested in or to the use of Her Majesty, Her heirs and successors. Sections 342-344, are no longer applicable as regards land taken for customs, but their incorporation in the Coast Guard Service Act does not appear to have been repealed. For the provisions in place thereof in respect of land taken for customs, see the Customs Building Act, 1879, post, and the notes thereto. By the Supreme Court of Judicature (Funds, &c.) Act, 1883 (46 & 47 Vict. c. 29), funds are now payable to the account or credit of the Paymaster-General for and on behalf of the Supreme Court of Judicature. lands may upon tion of may order 343. Upon the application by petition of any party Barons of making claim to the money so deposited, or any part thereof, Exchequer or of the lands in respect whereof the same shall have been so applicadeposited, or any part of such lands, or any interest in the parties same, the Barons of the Court of Exchequer at Westminster, interested Edinburgh, or Dublin may in a summary way, as to them disposal of shall seem fit, order such money to be invested in the public money funds, or may order distribution thereof, or payment of the dividends thereof, according to the respective interests of the parties making claim to such moneys or lands or any part thereof, and may make such other order in the premises as the Court shall deem fit. deposited. Sect. 344. On the death or removal of officers of Exchequer, stocks and securities shall vest in his successor. Certain sections Clauses Consolidation porated. 344. Upon the death, removal, or resignation of any such officer of the said Courts of Exchequer, all stocks and securities vested in him by virtue of this Act shall vest in the succeeding officer of the Exchequer for the purpose hereinbefore mentioned, without any assignment or transfer; and all moneys paid in the said banks respectively in pursuance of this Act, or remaining in the hands of any such officer at his death, resignation, or removal, and not vested in the funds or placed out on securities as aforesaid, shall be paid over to the succeeding officer for the like purpose for the time being. And as the costs of conveyance or leases of lands under this Act: 345. Sections eighty-one, eighty-two, and eighty-three of Lands of the Lands Clauses Consolidation Act, 1845, (a) shall be and are hereby incorporated with this Act, so far as the same shall relate to the conveyance or demise of lands in England Act incor- and Ireland; and sections eighty, eighty-one, and eighty-two of the Lands Clauses Consolidation Act (Scotland), shall be and are hereby incorporated under this Act, so far as the same shall relate to conveyance or demise of lands in Scotland; the expression of "the promoters of the undertaking," wherever used in the said Acts respectively, to mean the persons so authorised as aforesaid by the Commissioners of the Treasury. (a) See ante, pp. 116-119. THE INCLOSURE ACT, 1854. 17 & 18 VICT. CAP. 97. An Act to amend and extend the Acts for the inclosure, exchange, and improvement of land. [10th August, 1854.] tion of compensa 8&9 15. Where any money shall have been or may hereafter Sect. 15. be paid to a committee under "The Lands Clauses Consolida- Application Act, 1845," or under any railway or other special Act by which money may have heen directed or authorised to be tion for paid to a committee as compensation for the extinction of common rights paid commonable or other rights, or for lands, being common under lands or in the nature thereof, the right to the soil of which vict. c. 18. 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. See sections 99-107 of the Lands Clauses Act, 1845, ante, p. 251. Additional powers were given by the Inclosure Act, 1852, ante, p. 424, and another method of distribution and dealing with the compensation has been provided by the Commonable Rights (Compensation) Act, 1882, post. land. 16. If the majority in number and interest shall resolve Money to be paid that such compensation money shall be apportioned, the into Bank amount of such compensation money shall be forthwith paid of Enginto the Bank of England, to the credit of an account to be named by the Inclosure Commissioners for England and Wales; (a) and the said committee shall be absolutely discharged from all liability in respect of such compensation |