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And with respect to the Purchase Money or Compensation coming

Appendix

No. 6. to Parties having limited Interests, or prevented from treating, or not 8 Vic. c. 18. making Title, be it enacted as follows:

Application LXIX. If the Purchase Money or Compensation which shall be of Compen

sation. payable in respect of any Lands, or any Interest therein, purchased or taken by the Promoters of the Undertaking from any Corporation, payable to Pare

Money Tenant for Life or in Tail, married Woman seised in her own Right or ties under Disentitled to Dower, Guardian, Committee of Lunatic or Idiot, Trustee, ing to £200 to be Executor, or Administrator, or Person having a partial or qualified In- Bank. terest only in such Lands, and not entitled to sell or convey the same except under the Provisions of this or the special Act, or the Compensation to be paid for any permanent Damage to any such Lands, amount to or exceed the Sum of Two hundred Pounds, the same shall be paid into the Bank, in the Name and with the Privity of the Accountant General of the Court of Chancery in England if the same relate to Lands in England or Wales, or the Accountant General of the Court of Exchequer in Ireland if the same relate to Lands in Ireland, to be placed to the Account there of such Accountant General ex parte the Promoters of the Undertaking (describing them by their proper Name), in the Matter of the special Act (citing it), pursuant to the Method prescribed by any Act for the Time being in force for regulating Monies paid into the said Courts ; and such Monies shall remain so deposited until the same be applied to some one or more of the following Purposes; (that is to say,) In the Purchase or Redemption of the Land Tax, or the Discharge Application of

Monies deposited
of any Debt or Incumbrance affecting the Land in respect of
which such Money shall have been paid, or affecting other
Lands settled therewith to the same or the like Uses, Trusts, or

Purposes; or
In the Purchase of other Lands, to be conveyed, limited, and settled

upon the like Uses, Trusts, and Purposes, and in the same Man-
ner, as the Lands in respect of which such Money shall have been

paid stood settled ; or
If such Money shall be paid in respect of any Buildings taken under

the Authority of this or the special Act, or injured by the Prox-
imity of the Works, in removing or replacing such Buildings, or
substituting others in their Stead, in such Manner as the Court of

Chancery shall direct; or
In Payment to any Party becoming absolutely entitled to such

Money. LXX. Such Money may be so applied as aforesaid upon an Order Order for Appliof the Court of Chancery in England or the Court of Exchequer in vestment meanIreland, made on the Petition of the Party who would have been entitled to the Rents and Profits of the Lands in respect of which such

while.

to £200 to be

to Trustees.

Appendix
No. 6.

Money shall have been deposited ; and until the Money can be so ap8 Vic. c. 18. plied it may, upon the like Order, be invested by the said Accountant

General in the Purchase of Three per Centum Consolidated or Three per Centum Reduced Bank Annuities, or in Government or Real Securities, and the Interest, Dividends, and annual Proceeds thereof paid to the Party who would for the Time being have been entitled to the

Rents and Profits of the Lands. Sums from £20 LXXI. If the Purchase Money or Compensation shall not amount deposited or paid to the Sum of Two hundred Pounds, and shall exceed the Sum of

Twenty Pounds, the same shall either be paid into the Bank, and applied in the Manner herein-before directed with respect to Sums amounting to or exceeding Two hundred Pounds, or the same may lawfully be paid to Two Trustees, to be nominated by the Parties entitled to the Rents or Profits of the Lands in respect whereof the same shall be payable, such Nomination to be signified by Writing under the Hands of the Party so entitled ; and in case of the Coverture, Infancy, Lunacy, or other Incapacity of the Parties entitled to such Monies, such Nomination may lawfully be made by their respective Husbands, Guardians, Committees, or Trustees; but such last-mentioned Application of the Monies shall not be made unless the Promoters of the Undertaking approve thereof and of the Trustees named for the Purpose; and the Money so paid to such Trustees, and the Produce arising therefrom, shall be by such Trustees applied in the Manner herein-before directed with respect to Money paid into the Bank, but it shall not be necessary to obtain any Order of the Court

for that Purpose. Sums no

LXXII. If such Money shall not exceed the Sum of Twenty Pounds, ceeding £20 to be paid to the same shall be paid to the Parties entitled to the Rents and Profits

of the Lands in respect whereof the same shall be payable, for their own Use and Benefit, or in case of the Coverture, Infancy, Idiotcy, Lunacy, or other Incapacity of any such Parties, then such Money shall be paid for their Use to the respective Husbands, Guardians,

Committees, or Trustees of such Persons. All Sums pay

LXXIII. All Sums of Money exceeding Twenty Pounds which may able under Contract with Per- be payable by the Promoters of the Undertaking in respect of the lutely entitled taking, using, or interfering with any Lands, under a Contract or to be paid into Bank.

Agreement with any Person who shall not be entitled to dispose of such Lands or of the Interest therein contracted to be sold by him absolutely for his own Benefit, shall be paid into the Bank or to Trustees in manner aforesaid; and it shall not be lawful for any contracting Party not entitled as aforesaid to retain to his own Use any Portion of the Sums so agreed or contracted to be paid for or in respect of the taking, using, or interfering with any such Lands, or in lieu of Bridges, Tunnels, or other Accommodation Works, or for

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Parties.

sons not abso

Appendix assenting to or not opposing the passing of the Bill authorizing the

No. 6. taking of such Lands, but all such Monies shall be deemed to have 8 Vic. c. 18. been contracted to be paid for and on account of the several Parties interested in such Lands as well, in possession as in remainder, reversion, or expectancy : Provided always, that it shall be in the Discretion of the Court of Chancery in England or the Court of Exchequer in Ireland, or the said Trustees, as the Case may be, to allot to any Tenant for Life, or for any other partial or qualified Estate, for his own Use, a Portion of the Sum so paid into the Bank, or to such Trustees as aforesaid, as Compensation for any Injury, Inconvenience, or Annoyance which he may be considered to sustain, independently of the actual Value of the Lands to be taken, and of the Damage occasioned to the Lands held therewith, by reason of the taking of such Lands and the making of the Works.

LXXIV. Where any Purchase Money or Compensation paid into Court of Chanthe Bank under the Provisions of this or the special Act shall have Application of been paid in respect of any Lease for a Life or Lives or Years, or for of Leases or

Money in respect a Life or Lives and Years, or any Estate in Lands less than the whole Reversions as

they may think Fee Simple thereof, or of any Reversion dependent on any such Lease just. or Estate, it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, on the Petition of any Party interested in such Money, to order that the same shall be laid out, invested, accumulated, and paid in such Manner as the said Court may consider will give to the Parties interested in such Money the same Benefit therefrom as they might lawfully have had from the Lease, Estate, or Reversion in respect of which such Money shall have been paid, or as near thereto as may be.

LXXV. Upon Deposit in the Bank in manner herein-before pro- Upon Deposit vided of the Purchase Money or Compensation agreed or awarded to owners of the be paid in respect of any Lands purchased or taken by the Promoters or in default the of the Undertaking under the Provisions of this or the special Act, or

Lands to vest in

the Promoters of any Act incorporated therewith, the Owner of such Lands, including the Undertaking,

upon a Deed in such Term all Parties by this Act enabled to sell or convey Lands, Poll being exeshall, when required so to do by the Promoters of the Undertaking, duly convey such Lands to the Promoters of the Undertaking, or as they shall direct; and in default thereof, or if he fail to adduce a good Title to such Lands to their Satisfaction, it shall be lawful for the Promoters of the Undertaking, if they think fit, to execute a Deed Poll under their Common Seal if they be a Corporation, or if they be not a Corporation under the Hands and Seals of the Promoters or any Two of them, containing a Description of the Lands in respect of which such Default shall be made, and reciting the Purchase or taking thereof by the Promoters of the Undertaking, and the Names of the Parties from whom the same were purchased or taken, and the Deposit made

Appendix
No. 6.

respect thereof, and declaring the Fact of such Default having been 8 Vic. c. 18. made ; and such Deed Poll shall be stamped with the Stamp Duty

which would have been payable upon a Conveyance to the Promoters of the Undertaking of the Lands described therein ; and thereupon all the Estate and Interest in such Lands of or capable of being sold and conveyed by the Party between whom and the Promoters of the Undertaking such Agreement shall have been come to, or as between whom and the Promoters of the Undertaking such Purchase Money or Compensation shall have been determined by a Jury, or by Arbitrators, or by a Surveyor appointed by Two Justices, as herein provided, and shall have been deposited as aforesaid, shall vest absolutely in the Promoters of the Undertaking, and as against such Parties, and all Parties on behalf of whom they are herein-before enabled to sell and convey, the Promoters of the Undertaking shall be entitled to im

mediate Possession of such Lands. Where Parties LXXVI. If the Owner of any such Lands purchased or taken by refuse to convey, or do not the Promoters of the Undertaking, or of any Interest therein, on Tenshow Title, or cannot be found, der of the Purchase Money or Compensation either agreed or awarded the Purchase Money to be to be paid in respect thereof, refuse to accept the same, or neglect or deposited.

fail to make out a Title to such Lands, or to the Interest therein claimed by him, to the Satisfaction of the Promoters of the Undertaking, or if he refuse to convey or release such Lands as directed by the Promoters of the Undertaking, or if any such Owner be absent from the Kingdom, or cannot after diligent Inquiry be found, or fail to appear on the Inquiry before a Jury, as herein provided for, it shall be lawful for the Promoters of the Undertaking to deposit the Purchase Money or Compensation payable in respect of such Lands, or any Interest therein, in the Bank, in the Name and with the Privity of the Accountant General of the Court of Chancery in England or the Court of Exchequer in Ireland, to be placed, except in the Cases herein otherwise provided for, to his Account there, to the Credit of the Partics interested in such Lands (describing them so far as the Promoters of the Undertaking can do), subject to the Control and Dispo

sition of the said Court. Upon Deposit LXXVII, Upon any such Deposit of Money as last aforesaid being being made a Receipt to be made the Cashier of the Bank shall give to the Promoters of the Un

dertaking, or to the Party paying in such Money by their Direction, a being executed." Receipt for such Money, specifying therein for what and for whose Use

(described as aforesaid) the same shall have been received, and in respect of what Purchase the same shall have been paid in ; and it shall be lawful for the Promoters of the Undertaking, if they think fit, to execute a Deed Poll, under their Common Seal if they be a Corporation, or if they be not a Corporation under the Hands and Seals of the said Promoters or any Two of them, containing a Description of the

given and the Lands to vest • upon

Appendix Lands in respect whereof such Deposit shall have been made, and de

No. 6. claring the Circumstances under which and the Names of the Parties 8 Vic. c. 18. to whose Credit such Deposit shall have been made, and such Deed Poll shall be stamped with the Stamp Duty which would have been payable upon a Conveyance to the Promoters of the Undertaking of the Lands described therein ; and thereupon all the Estate and Interest in such Lands of the Parties for whose Use and in respect whereof such Purchase Money or Compensation shall have been deposited shall vest absolutely in the Promoters of the Undertaking, and as against such Parties they shall be entitled to immediate Possession of such Lands. LXXVIII. Upon the Application by Petition of any Party making Application of

Monies so depoclaim to the Money so deposited as last aforesaid, or any Part thereof, sited. or to the Lands in respect whereof the same shall have been so deposited, or any Part of such Lands, or any Interest in the same, the said Court of Chancery in England or the Court of Exchequer in Ireland may, in a summary Way, as to such Court shall seem fit, order such Money to be laid out or invested in the Public Funds, or may order Distribution thereof, or Payment of the Dividends thereof, according to the respective Estates, Titles, or Interests of the Parties making claim to such Money or Lands, or any Part thereof, and may make such other Order in the Premises as to such Court shall seem fit.

LXXIX. If any Question arise respecting the Title to the Lands in Party in possesrespect whereof such Monies shall have been so paid or deposited as the Owner. aforesaid, the Parties respectively in possession of such Lands, as being the Owners thereof, or in receipt of the Rents of such Lands, as being entitled thereto at the Time of such Lands being purchased or taken, shall be deemed to have been lawfully entitled to such Lands, until the contrary be shown to the Satisfaction of the Court; and unless the contrary be shown as aforesaid, the Parties so in possession, and all Parties claiming under them, or consistently with their possession, shall be deemed entitled to the Money so deposited, and to the Dividends or Interest of the Annuities or Securities purchased therewith, and the same shall be paid and applied accordingly.

LXXX. In all Cases of Monies deposited in the Bank under the Pro- Costs in Cases of visions of this or the special Act, or an Act incorporated therewith,

Money deposited. except where such Monies shall have been so deposited by reason of the wilful Refusal of any Party entitled thereto to receive the same, or to convey or release the Lands in respect whereof the same shall be payable, or by reason of the wilful Neglect of any Party to make out a good Title to the Land required, it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland to order the Costs of the following Matters, including therein all reasonable

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