And with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making title, be it enacted as follows:
If the purchase money or compensation which shall be payable in respect of any lands, or any interest therein, purchased or taken by the promoters of the undertaking from any corporation, tenant for life or in tail, . . . F1 trustee, executor or administrator, or person having a partial or qualified interest 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 [F2be paid into the [F3Senior 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 . . . F4discharge 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 manner, 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 proximity 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.
Textual Amendments
F1Words repealed by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pts. II, III
F2Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
F3Words in Act (except s. 3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 9(2); S.I. 2009/1604, art. 2(d)
F4Words repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV
Modifications etc. (not altering text)
C1A dagger appended to a marginal note means that it is no longer accurate.
C2S. 69 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
C3S. 69 modified by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 5 Pt. II (as amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d))
Such money may be so applied as aforesaid upon an order of the Court of Chancery . . . F5 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 money shall have been deposited, [F6and if, before it is so applied, it is [F7invested under section 38 of the Administration of Justice Act 1982] the annual proceeds thereof shall be paid] to the party who would for the time being have been entitled to the rents and profits of the lands.
Textual Amendments
F5Words repealed by Statute Law Revision Act 1892 (c. 19)
F6Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
F7Words substituted by Administration of Justice Act 1982 (c. 53, SIF 34, 37, 38), ss. 46(2)(a)(iii), 76(2)(e)
Modifications etc. (not altering text)
C4S. 70 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4); amended by Administration of Justice Act 1965 (c. 2), s. 34, Sch. 2
C5S. 70 modified by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 5 Pt. II
If such purchase money or compensation shall not amount to the sum of two hundred pounds, and shall exceed the sum of twenty pounds, the same shall either [F8be paid into the [F3Senior Courts]], 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 . . . F9 incapacity of the parties entitled to such monies, such nominations, may lawfully be made by their respective . . . F9 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 [F8money paid into the [F3Senior Courts]] but it shall not be necessary to obtain any order of the court for that purpose.
Textual Amendments
F3Words in Act (except s. 3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 9(2); S.I. 2009/1604, art. 2(d)
F8Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
F9Words repealed by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pt. II
Modifications etc. (not altering text)
C6S. 71 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4).
C7S. 71 modified by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 5 Pt. II (as amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d))
If such money shall not exceed the sum of twenty pounds 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 . . . F10 incapacity of any such parties, then such money shall be paid, for their use, to the respective . . . F10 trustees of such persons.
Textual Amendments
F10Words repealed by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pt. II
Modifications etc. (not altering text)
C8S. 72 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
All sums of money exceeding twenty pounds which may be payable by the promoters of the undertaking in respect of the taking, using, or interfering with any lands under a contract or 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 [F11be paid into the [F3Senior Courts]] 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 assenting to or not opposing the passing of the bill authorizing the taking of such lands, but all such monies shall be deemed to have 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, . . . F12 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 [F11paid into the [F3Senior Courts]] 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.
Textual Amendments
F3Words in Act (except s. 3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 9(2); S.I. 2009/1604, art. 2(d)
F11Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
F12Words repealed by Statute Law Revision Act 1892 (c. 19)
Modifications etc. (not altering text)
C9S. 73 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
C10S. 73 modified by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 5 Pt. II (as amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d))
Where any purchase money or compensation paid into [F13the [F3Senior Courts] or] the Bank under the provisions of this or the special Act shall have been paid in respect of any lease for . . . F14 years, or any estate in lands less than the whole fee simple thereof, or of any reversion dependent on any such lease or estate, it shall be lawful for the Court of Chancery, . . . F15 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.
Textual Amendments
F3Words in Act (except s. 3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 9(2); S.I. 2009/1604, art. 2(d)
F13Words inserted by Administration of Justice Act 1965 (c. 2), s. 17, Sch. 1
F14Words repealed by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pt. II
F15Words repealed by Statute Law Revision Act 1892 (c. 19)
Modifications etc. (not altering text)
C11S. 74 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4); amended by Administration of Justice Act 1965 (c. 2), s. 34, Sch. 2
Upon [F16payment into court or] deposit in the Bank in manner herein-before provided of the purchase money or compensation agreed or awarded to be paid in respect of any lands purchased or taken by the promoters of the undertaking under the provisions of this or the special Act, or any Act incorporated therewith, the owner of such lands, including in such term all parties by this Act enabled to sell or convey lands, shall, 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, [F17it 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] [F17then, if the promoters of the undertaking think fit, it shall be lawful for the promoters to execute a deed poll under their common seal if they are a corporation, or, if they are not a corporation, for the promoters or any two of them to execute a deed poll], 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 [F16payment or] deposit made in respect thereof, and declaring the fact of such default having 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 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 [F16paid or] 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 immediate possession of such lands.
Textual Amendments
F16Words inserted by Administration of Justice Act 1965 (c. 2), s. 17, Sch. 1
F17Words in s. 75 substituted (N.I.) (15.11.2005) by The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/1452), art. 1(2), Sch. 1 para. 4; S.R. 2005/494, art. 2(1)(c)
Modifications etc. (not altering text)
C12S. 75 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
If the owner of any such lands purchased or taken by the promoters of the undertaking, or of any interest therein, on tender of the purchase money or compensation either agreed or awarded to be paid in respect thereof refuse to accept the same, or neglect or 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, . . . F18 it shall be lawful for the promoters of the undertaking [F19to pay into the [F3Senior Courts ] the purchase money or compensation payable in respect of such lands.]
Textual Amendments
F3Words in Act (except s. 3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 9(2); S.I. 2009/1604, art. 2(d)
F18Words repealed by Compulsory Purchase Act 1965 (c.56),s.39(4),Sch.8 Pt.III
F19Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
Modifications etc. (not altering text)
C13S. 76 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
C14S. 76 modified by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 52(10)(a) and by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II (as amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d))
Upon any [F20such payment or deposit] of money as last aforesaid being made F21 . . . [F22it 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] [F22then, if the promoters of the undertaking think fit, it shall be lawful for the promoters to execute a deed poll under their common seal if they are a corporation, or, if they are not a corporation, for the promoters or any two of them to execute a deed poll], containing a description of the lands in respect whereof [F20such payment or deposit] shall have been made, and declaring the circumstances under which and the names of the parties to whose credit [F20such payment or 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 [F20paid or 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.
Textual Amendments
F20Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
F21Words repealed by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pt. II
F22Words in s. 77 substituted (N.I.) (15.11.2005) by The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/1452), art. 1(2), Sch. 1 para. 4; S.R. 2005/494, art. 2(1)(c)
Modifications etc. (not altering text)
C15S. 77 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
Upon the application . . . F23 of any party making claim to the money so [F24paid or] deposited as last aforesaid, or any part thereof, or to the lands in respect whereof the same shall have been so [F24paid or] deposited, or any Part of such lands, or any interest in the same, the said Court of Chancery . . . F25 may . . . F23[F26order distribution of the money according to the respective estates, titles or interests of the parties making claim to such money or lands, or any part thereof, and if, before the money is distributed, it is [F27invested under section 38 of the Administration of Justice Act 1982] payment likewise of the dividends thereof] and may make such other order in the premises as to such court shall seem fit.
Textual Amendments
F23Words repealed by Administration of Justice Act 1965 (c. 2), s. 34, Sch. 2
F24Words inserted by Administration of Justice Act 1965 (c. 2), s. 17, Sch. 1
F25Words repealed by Statute Law Revision Act 1892 (c. 19)
F26Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
F27Words substituted by Administration of Justice Act 1982 (c. 53, SIF 34, 37, 38), ss. 46(2)(a)(iii), 76(2)(e)
Modifications etc. (not altering text)
C16S. 78 excluded by Pipe-Lines Act 1962 (c. 58), s. 51(4)
C17S. 78 modified by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II
If any question arise respecting the title to the lands in respect whereof such monies shall have been so paid or deposited as 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 [F28the money so paid or deposited, and to the interest or dividends of it or of the securities purchased therewith] and the same shall be paid and applied accordingly.
Textual Amendments
F28Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1
Modifications etc. (not altering text)
C18S. 79 excluded by Pipe-lines Act 1962 (c. 58), s. 51(4)
In all cases of monies [F29paid into the [F3Senior Courts] or] deposited in the Bank under the provisions of this or the special Act, or an Act incorporated therewith, except where such monies shall have been so [F29paid into the [F3Senior Courts ] or] 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 . . . F30 to order the costs of the following matters, including therein all reasonable charges and expences incident thereto, to be paid by the promoters 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 . . . F31 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 [F32of the monies, and for the payment out of court of the principal thereof or of any] 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 . . . F30 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.
Textual Amendments
F3Words in Act (except s. 3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 9(2); S.I. 2009/1604, art. 2(d)
F29Words inserted by Administration of Justice Act 1965 (c. 2), s. 17, Sch. 1
F30Words repealed by Statute Law Revision Act 1892 (c. 19)
F31Words repealed by Administration of Justice Act 1965 (c. 2), s. 17, Sch. 1
F32Words substituted by Administration of Justice Act 1965 (c. 2), S. 17, Sch. 1