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Appendix No. 6. Charges and Expenses incident thereto, to be paid by the Promoters 8 Vic. c. 18. of the Undertaking; (that is to say,) the Costs of the Purchase or taking of the Lands, or which shall have been incurred in consequence thereof, other than such Costs as are herein otherwise provided for, and the Costs of the Investment of such Monies in Government or Real Securities, and of the Reinvestment thereof in the Purchase of other Lands, and also the Costs of obtaining the proper Orders for any of the Purposes aforesaid, and of the Orders for the Payment of the Dividends and Interest of the Securities upon which such Monies shall be invested, and for the Payment out of Court of the Principal of such Monies, or of the Securities whereon the same shall be invested, and of all Proceedings relating thereto, except such as are occasioned by Litigation between adverse Claimants: Provided always, that the Costs of One Application only for Reinvestment in Land shall be allowed, unless it shall appear to the Court of Chancery in England or the Court of Exchequer in Ireland that it is for the Benefit of the Parties interested in the said Monies that the same should be invested in the Purchase of Lands in different Sums and at different Times, in which Case it shall be lawful for the Court, if it think fit, to order the Costs of any such Investments to be paid by the Promoters of the Undertaking.
Form of conveyances.
Costs of Convey
And with respect to the Conveyances of Lands, be it enacted as follows:
LXXXI. Conveyances of Lands to be purchased under the Frovisions of this or the special Act, or any Act incorporated therewith, may be according to the Forms in the Schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the Circumstances of the Case will admit, or by Deed in any other Form which the Promoters of the Undertaking may think fit; and all Conveyances made according to the Forms in the said Schedules, or as near thereto as the Circumstances of the Case will admit, shall be effectual to vest the Lands thereby conveyed in the Promoters of the Undertaking, and shall operate to merge all Terms of Years attendant by express Declaration or by Construction of Law on the Estate or Interest so thereby conveyed, and to bar and to destroy all such Estates Tail, and all other Estates, Rights, Titles, Remainders, Reversions, Limitations, Trusts, and Interests whatsoever of and in the Lands comprised in such Conveyances which shall have been purchased or compensated for by the Consideration therein mentioned; but although Terms of Years be thereby merged they shall in Equity afford the same Protection as if they had been kept on foot and assigned to a Trustee for the Promoters of the Undertaking, to attend the Reversion and Inheritance.
LXXXII. The Costs of all such Conveyances shall be borne by the Promoters of the Undertaking, and such Costs shall include all Charges
and Expenses incurred, on the Part as well of the Seller as of the Purchaser, of all Conveyances and Assurances of any such Lands, and of 8 Vic. c. 18. outstanding Terms or Interests therein, and of deducing, evidencing, and verifying the Title to such Lands, Terms, or Interests, and of making out and furnishing such Abstracts and attested Copies as the Promoters of the Undertaking may require, and all other reasonable Expenses incident to the Investigation, Deduction, and Verification of such Title.
LXXXIII. If the Promoters of the Undertaking and the Party en- Taxation of titled to any such Costs shall not agree as to the Amount thereof, such Costs of ConveyCosts shall be taxed by One of the Taxing Masters of the Court of Chancery, or by a Master in Chancery in Ireland, upon an Order of the same Court, to be obtained upon Petition in a summary Way by either of the Parties; and the Promoters of the Undertaking shall pay what the said Master shall certify to be due in respect of such Costs to the Party entitled thereto, or in default thereof the same may be recovered in the same Way as any other Costs payable under an Order of the said Court, or the same may be recovered by Distress in the Manner herein-before provided in other Cases of Costs; and the Expense of taxing such Costs shall be borne by the Promoters of the Undertaking, unless upon such Taxation One Sixth Part of the Amount of such Costs shall be disallowed, in which Case the Costs of such Taxation shall be borne by the Party whose Costs shall be so taxed, and the Amount thereof shall be ascertained by the said Master, and deducted by him accordingly in his Certificate of such Taxation.
And with respect to the Entry upon Lands by the Promoters of the Entry on Undertaking, be it enacted as follows:
Price to be made
previous to Entry, except
LXXXIV. The Promoters of the Undertaking shall not, except by Payment of Consent of the Owners and Occupiers, enter upon any Lands which shall be required to be purchased or permanently used for the Purposes and under the Powers of this or the special Act, until they shall either have paid to every Party having any Interest in such Lands, or deposited in the Bank, in the Manner herein mentioned, the Purchase Money or Compensation agreed or awarded to be paid to such Parties. respectively for their respective Interests therein: Provided always, that for the Purpose merely of surveying and taking Levels of such Lands, and of probing or boring to ascertain the Nature of the Soil, and of setting out the Line of the Works, it shall be lawful for the Promoters of the Undertaking, after giving not less than Three nor more than Fourteen Days Notice to the Owners or Occupiers thereof, to enter upon such Lands without previous Consent, making Compensation for any Damage thereby occasioned to the Owners or Occupiers thereof.
allowed to enter
making Deposit by way of Secu
rity, and giving Bond.
LXXXV. Provided also, That if the Promoters of the Undertaking
8 Vic. c. 18. shall be desirous of entering upon and using any such Lands before Promoters to be an Agreement shall have been come to or an Award made or Verdict on Lands before given for the Purchase Money or Compensation to be paid by them in respect of such Lands, it shall be lawful for the Promoters of the Undertaking to deposit in the Bank by way of Security, as herein-after mentioned, either the Amount of Purchase Money or Compensation claimed by any Party interested in or entitled to sell and convey such Lands, and who shall not consent to such Entry, or such a Sum as shall, by a Surveyor appointed by Two Justices in the Manner hereinbefore provided in the Case of Parties who cannot be found, be determined to be the Value of such Lands or of the Interest therein which such Party is entitled to or enabled to sell and convey, and also to give to such Party a Bond, under the Common Seal of the Promoters, 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, with Two sufficient Sureties, to be approved of by Two Justices, in case the Parties differ, in a penal Sum equal to the Sum so to be deposited, conditioned for Payment to such Party, or for Deposit in the Bank for the Benefit of the Parties interested in such Lands, as the Case may require, under the Provisions herein contained, of all such Purchase Money or Compensation as may in manner herein-before provided be determined to be payable by the Promoters of the Undertaking in respect of the Lands so entered upon, together with Interest thereon at the Rate of Five Pounds per Centum per Annum from the Time of entering on such Lands until such Purchase Money or Compensation shall be paid to such Party, or deposited in the Bank for the Benefit of the Parties interested in such Lands, under the Provisions herein contained; and upon such Deposit by way of Security being made as aforesaid, and such Bond being delivered or tendered to such non-consenting Party as aforesaid, it shall be lawful for the Promoters of the Undertaking to enter upon and use such Lands, without having first paid or deposited the Purchase Money or Compensation in other Cases required to be paid or deposited by them before entering upon any Lands to be taken by them under the Provisions of this or the special Act.
Upon Deposit being made
LXXXVI. The Money so to be deposited as last aforesaid shall be Cashier to give paid into 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 to his Account there to the Credit of the Parties interested in or entitled to sell and convey the Lands so to be entered upon, and who shall not have consented to such Entry, subject to the Control and Disposition of the said Court; and upon such Deposit being made the Cashier of the Bank shall give to the Promoters of the Undertaking, or to the Party paying in such Money
main as a Secu
rity, and to be
the Direction of
by their Direction, a Receipt for such Money, specifying therein for No. 6. what Purpose and to whose Credit the same shall have been paid in. 8 Vic. c. 18. LXXXVII. The Money so deposited as last aforesaid shall remain Deposit to rein the Bank, by way of Security to the Parties whose Lands shall so have been entered upon for the Performance of the Conditions of the Bond to be given by the Promoters of the Undertaking, as hereinbefore mentioned, and the same may, on the Application by Petition of the Promoters of the Undertaking, be ordered to be invested in Bank Annuities or Government Securities, and accumulated; and upon the Condition of such Bond being fully performed it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, upon a like Application, to order the Money so deposited, or the Funds in which the same shall have been invested, together with the Accumulation thereof, to be repaid or transferred to the Promoters of the Undertaking, or if such Condition shall not be fully performed, it shall be lawful for the said Court to order the same to be applied in such Manner as it shall think fit for the Benefit of the Parties for whose Security the same shall so have been deposited.
of Security du
ring the Time
that the Office
LXXXVIII. If at any Time the Company be unable, by reason of the closing of the Office of the Accountant General of the Court of may pay the Deposit Money into Chancery in England or the Court of Exchequer in Ireland, to obtain the Bank by way his Authority in respect of the Payment of any Sum of Money so authorized to be deposited in the Bank by way of Security as aforesaid, of the Accountant it shall be lawful for the Company to pay into the Bank to the Credit closed. of such Party or Matter as the Case may require (subject nevertheless to being dealt with as herein-after provided, and not otherwise,) such Sum of Money as the Promoters of the Undertaking shall, by some Writing signed by their Secretary or Solicitors for the Time being, addressed to the Governor and Company of the Bank in that Behalf, request, and upon any such Payment being made the Cashier of the Bank shall give a Certificate thereof; and in every such Case, within Ten Days after the re-opening of the said Accountant General's Office, the Solicitor for the Promoters of the Undertaking shall there bespeak the Direction for the Payment of such Sum into the Name of the Accountant General, and upon Production of such Direction at the Bank of England the Money so previously paid in shall be placed to the Credit of the said Accountant General accordingly, and the Receipt for the said Payment be given to the Party making the same in the usual Way for the Purpose of being filed at the Report Office.
Promoters of the
LXXXIX. If the Promoters of the Undertaking or any of their Penalty on the Contractors shall, except as aforesaid, wilfully enter upon and take Undertaking possession of any Lands which shall be required to be purchased or Lands without permanently used for the Purposes of the special Act, without such Consent before Consent as aforesaid, or without having made such Payment for the Purchase Money.
Payment of the
Benefit of the Parties interested in the Lands, or such Deposit by way 8 Vic. c. 18. of Security as aforesaid, the Promoters of the Undertaking shall forfeit to the Party in possession of such Lands the Sum of Ten Pounds, over and above the Amount of any Damage done to such Lands by reason of such Entry and taking possession as aforesaid, such Penalty and Damage respectively to be recovered before Two Justices; and if the Promoters of the Undertaking or their Contractors shall, after Conviction in such Penalty as aforesaid, continue in unlawful Possession of any such Lands, the Promoters of the Undertaking shall be liable to forfeit the Sum of Twenty-five Pounds for every Day they or their Contractors shall so remain in possession as aforesaid, such Penalty to be recoverable by the Party in possession of such Lands, with Costs, by Action in any of the Superior Courts: Provided always, that nothing herein contained shall be held to subject the Promoters of the Undertaking to the Payment of any such Penalties as aforesaid, if they shall bona fide and without Collusion have paid the Compensation agreed or awarded to be paid in respect of the said Lands to any Person whom the Promoters of the Undertaking may have reasonably believed to be entitled thereto, or shall have deposited the same in the Bank for the Benefit of the Parties interested in the Lands, or made such Deposit by way of Security in respect thereof as herein-before mentioned, although such Person may not have been legally entitled thereto.
Decision of Justices not conclusive as to the Rights of the Promoters.
Proceedings in case of Refusal to deliver pos
XC. On the Trial of any Action for any such Penalty as aforesaid the Decision of the Justices under the Provision herein-before contained shall not be held conclusive as to the Right of Entry on any such Lands by the Promoters of the Undertaking.
XCI. If in any Case in which, according to the Provisions of this or the special Act, or any Act incorporated therewith, the Promoters of session of Lands. the Undertaking are authorized to enter upon and take possession of Lands required for the Purposes of the Undertaking, the Owner or Occupier of any such Lands or any other Person refuse to give up the possession thereof, or hinder the Promoters of the Undertaking from entering upon or taking possession of the same, it shall be lawful for the Promoters of the Undertaking to issue their Warrant to the Sheriff to deliver Possession of the same to the Person appointed in such Warrant to receive the same, and upon the Receipt of such Warrant the Sheriff shall deliver Possession of any such Lands accordingly, and the Costs accruing by reason of the issuing and Execution of such Warrant, to be settled by the Sheriff, shall be paid by the Person refusing to give Possession, and the Amount of such Costs shall be deducted and retained by the Promoters of the Undertaking from the Compensation, if any, then payable by them to such Party, or if no such Compensation, be payable to such Party, or if the same be less than the Amount of such Costs, then such Costs,