Page images
PDF
EPUB

Erections for the Public Service to be re

moved, making Compensation

to the Owners.

this Act, for any Term of Years or for such Period only as the Public Service shall require, it shall be lawful for the Lord High Treasurer or Commissioners of His Majesty's Treasury, or any other Person or Persons so authorized as aforesaid, at any Time before the Possession of any Lands which shall have been taken for the Purposes. aforesaid shall be delivered up to the Owner or Owners thereof, or other Person or Persons acting on his, her, or their Behalf, to take down and remove all such Buildings or other Erections which shall or may have been built or erected thereon for the Public Service, and to carry away the Materials thereof; making such Compensation to the Owner or Owners of such Lands, or other Person or Persons acting on his, her, or their Behalf, for the Damage or Injury which may have been done thereto, or to the Soil thereof, by the Erection of any such Buildings, or removing and carrying away the same, or otherwise, in consequence of the same having been occupied for the Public Service, as the said Lord High Treasurer, or the Commissioners of His Majesty's Treasury, or such other Person or Persons authorized as aforesaid, shall think reasonable, and as shall be agreed upon in that Behalf; and if such Owner or Owners or other Person or Persons acting on his, her, or their Behalf, shall not be willing to accept the Compensation so offered, it shall be lawful for the said Lord High Treasurer, or the Commissioners of His Majesty's Treasury, or other Person or Persons so authorized as aforesaid, to apply to and require Two Justices of the Peace of the County, Riding, Stewartry, City, or Place, to settle and ascertain the Compensation which ought to be made for such Damage or Injury as aforesaid; and such Justice shall settle and ascertain the same accordingly, and shall grant a Certificate thereof; and the Amount of such Compensation, so settled and ascertained and certified, shall forthwith be paid by Warrant of the Commissioners of His Majesty's Treasury, or any Three or more of them, to the Person or Persons entitled thereto: Provided always, that nothing in this Act contained shall extend, or be construed to extend, to alter, prejudice, or affect any Agreement which hath been or shall or may be entered into, by any such Person or Persons authorized as aforesaid, with any Owner or Owners of any such Lands, or other Person or Persons acting on his, her, or their Behalf, in relation to any such Buildings or Erections, but every such Agreement shall remain valid and effectual in like Manner as if this Act had not passed.

Money belongtated Persons, &c. to be paid to the proper Exchequer for their Use.

ing to incapaci

Officer of the

XLIX. AND be it further enacted, That in all Cases Purchase where any Money shall have been or shall be agreed, or shall have been or shall be found by the Verdict of any Jury, to be paid or given for the Use or Possession of any Lands, Messuages, Tenements, Hereditaments, or Premises taken by virtue of this Act, belonging to any Person or Persons under any Disability or Incapacity, or not having the absolute Interest therein, the same shall be paid by Warrant of the Commissioners of His Majesty's Treasury, or any Three of them, into the Hands of the proper Officer of His Majesty's Court of Exchequer at Westminster, Edinburgh, or Dublin respectively for the Time being, for receiving the Monies belonging to the Suitors of the said Court respectively, for the Use and Benefit of such Person or Persons; and such Officer is hereby authorized and required to receive or accept and to give a Discharge for such Money; and upon the Acceptation or Receipt thereof to sign a Certificate to the Barons or Judges of the said Courts of Exchequer respectively, under his Hand, purporting and signifying that such Money or other Consideration was received or accepted by and paid to him in pursuance of this Act, for the Use and Benefit of such Person or Persons who shall be named and described in such Certificate, and the said Certificate shall be filed or deposited in the said Court of Exchequer at Westminster, Edinburgh, or Dublin respectively; and a true Copy thereof, signed by such Officer of such Court, shall and may be read and allowed as Evidence for the Purposes herein-after mentioned; and such Officer of such Court is Money to be hereby required, upon Receipt of any such Sum or Sums paid into the 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 or depositing of such Certificate the said Lands, Messuages, Tenements, Hereditaments, or Premises, shall be vested in or to the Use of His Majesty, His Heirs and Successors.

L. AND be it further enacted, That the Barons or Judges of His Majesty's Court of Exchequer at Westminster, and the Barons or Judges of His Majesty's Court of Exchequer at Edinburgh or Dublin, of the Degree of the Coif, for the Time being respectively, or any Two or more of them, shall be and they are hereby authorized and em

Bank.

Barons of the
Exchequer, &c.

on Petition of
Parties inte-

rested, to order the Application

of Money.

On the Death, Removal, or Resignation of Officer of Exchequer, Stocks

and Securities shall vest in Successor.

Gardens not to be affected.

for and on behalf of any Person or Persons interested in or entitled to the Benefit of the Money so paid to and received by the proper Officer of the said Courts respectively, or the Interest or Produce thereof, and upon reading the Certificate directed to be signed by the said Officer concerning the same as aforesaid, and receiving such further Satisfaction as they shall think necessary, to make and pronounce such Orders and Directions for paying the said Money, or any Part of the same, or for placing out such Part thereof as shall be Principal in the Public Funds, or upon Government or Real Securities, and for Payment of the Dividends or Interest thereof, or any Part thereof, to the respective Persons entitled to receive the same, or for laying out the Principal, or any Part thereof, in the Purchase of other Lands to be conveyed and settled to, for, and upon the same Uses, Trusts, Intents, and Purposes as the said Lands so taken stood settled at the Time of the Payment of such Money as aforesaid, as near as the same can be done, or otherwise concerning the disposing of the said Money, or any Part thereof, and the Interest of the same, or any Part thereof, for the Benefit of the Person or Persons respectively, or for appointing any Person or Persons to be Trustee or Trustees for all or any of such Purposes, as the said Courts respectively shall think just and reasonable.

LI. AND be it further enacted, That 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 Purposes herein-before mentioned, without any Assignment or Transfer; and all Monies 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.

LII. PROVIDED always, and be it further enacted, That nothing in this Act contained shall be construed to extend to any Garden or Pleasure Ground, or to any Land immediately contiguous to and used as the Curtilage or Homestead of any Dwelling House.

Commissioners

LIII. AND be it further enacted, That every Order, Documents Document, Instrument, or Writing, relating to the Customs signed by Three or to the Law of Navigation, required by any Law at any of the Treasury Time in force to be under the Hands of the Commissioners to be deemed of His Majesty's Treasury, being signed by Three or more the Act of the of such Commissioners, shall be deemed to be an Order, whole Commis Document, Instrument, or Writing under the Hands of the Commissioners of His Majesty's Treasury accordingly.

sioners.

LIV. AND be it further enacted, That this Act may Act may be be amended, varied, altered, or repealed by any Act to be altered this passed in the present Session of Parliament.

Session.

« PreviousContinue »