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8 Vict.

c. 18, s. 107.

45 Vict.

c. 15,

s. 2.

Applica

tion money

mon lands.

2. (1.) With respect to any money which has been or hereafter may be paid by any railway or other public company or corporate body or otherwise under the provisions of the Lands Clauses Act and any Act incorporated therewith, or of any other Act of Parliament to a committee of commoners as compensation for the extinguishment of commonable or other rights or for tion of lands being common lands or in the nature thereof the compensaright to the soil of which may belong to the commoners, for comthe committee (or a majority in number thereof) or, after the expiration of twelve months from the payment of such money to the committee, any three of the persons claiming to be interested in such money may make application in writing to the Commissioners to call a meeting of the persons interested in such money to consider the application thereof, and the Commissioners shall call a meeting accordingly, and at such meeting the majority in number and the majority in respect of interest of the *[sic]. persons present may decide by resolution that such money shall be applied and laid out in one or more of the following ways:

(a.) In the improvement of the remainder of the common land in respect of a portion of which such money has been paid;

(b.) In defraying the expense of any proceedings

under the Metropolitan Commons Acts or under 8 & 9 Vict.
the Inclosure Acts, 1845 to 1878, with reference c. 118., &c,
to a scheme for the local management, or a
Provisional Order for the regulation, of such
common land, or of any application to Parlia-
ment for a Private Bill or otherwise for the
preservation and management of such common
land as an open space;

(c.) In defraying the expense of any legal proceedings
for the protection of such common land, or the
commoners' rights over the same;

(d.) In the purchase of additional land to be used as common land;

(e.) In the purchase of land to be used as a recreation ground for the neighbourhood;

and any such resolution shall bind the minority and all absent parties, and the Commissioners shall make an

8 Vict. c. 18, s. 107.

45 Vict.
c. 15,
s. 2.

order under their seal for the payment to them of any expenses incurred by them in relation to the matter, and (subject to such payment) for the application of the money according to such resolution, and the committee. or the persons in whose names such money stands or is invested, or the survivors or survivor in account of such persons, or the legal personal representative of such survivor, shall, upon service of any such order of the Commissioners as aforesaid upon them or any of them or any person on their behalf as the Commissioners may direct, pay and apply the said money or realise any security in which the same is invested, and pay and apply the proceeds thereof in manner directed by the said order.

(2.) Any land so purchased as aforesaid for use as common land shall be conveyed to and vest in trustees upon trusts for the persons interested, such trustees to be appointed, and such trusts, and the powers and duties of the trustees, and provisions for the appointment of new trustees from time to time to be declared and provided by an order under the seal of the Commissioners, pursuant to resolutions to be passed at a special meeting of the persons interested, convened by the said Commissioners by such majorities as aforesaid.

(3.) Every appointment of a new trustee or of new trustees, in pursuance of this Act, shall be subject to confirmation by the Commissioners under their seal, and upon such confirmation the land shall vest in the remaining and the newly appointed trustees without any conveyance.

(4.) The Commissioners shall publish such notice of any meeting held under this Act, and frame such rules and give such directions for the conduct of such meetings. and the service of orders made by them under this Act as they may deem fit, and may, if they think fit, direct an assistant commissioner appointed by them to preside at any such meeting, and any such meeting may be adjourned from time to time.

(5.) Any land so purchased as aforesaid for use as recreation ground shall be conveyed to and vest in the local authority as specified in the schedule to this Act. for the district within which such land is situate, and

shall be held and managed by such local authority, subject to and in accordance with the provisions relating to recreation grounds respectively contained in the Inclosure Acts, 1845 to 1878.

compen

8 Vict.

c. 18,

s. 107.

45 Vict.

c. 15,

s. 3.

tion money

tion

Vict. c. 37.

s. 4. Provision

for cases where

3. Any moneys heretofore paid or hereafter to be paid by any railway or other public company or body Applicacorporate or otherwise under the provisions of the Lands tion of Clauses Act, 1845, and any Act incorporated therewith, com or of any other Act of Parliament, to any local autho- for recrearity as specified in the schedule to this Act, or to the grounds churchwardens and overseers of a parish in respect of and field any recreation ground or allotment for field gardens gardens. taken under the powers of any such Act or Acts of Parliament shall be applied in manner provided by the Inclosure Acts, 1845 to 1878, as amended by the Commons 42 & 43 Act, 1879, with respect to the surplus rents arising from recreation grounds and field gardens respectively. 4. In any case where money paid by way of sation as aforesaid has, before the passing of this Act, been applied in any one or more of the ways authorised by this Act, a resolution may be passed, at any meeting of the persons interested, called by the Commissioners in manner provided by this Act, by such majorities as aforesaid approving of such application, and such application shall, upon the allowance of such resolution by the Commissioners under their seal, be deemed to have manner authorised been lawfully made under the provisions of this Act; by this and the committee or other persons by whom such Act. money has been so applied shall thereupon be discharged from all liability in respect of such money so applied. And the provisions in this Act contained with respect to the declaration of trusts, and the powers and duties of trustees, and the appointment of new trustees, from time to time, shall apply in every case in which such money has, before the passing of this Act, been laid out in the purchase of land.

money paid by way of tion has alread

compensa

been ap

plied in the

orders.

s. 5. 5. Copies of all orders made by the Commissioners Deposit of under this Act shall be deposited and kept in like manner as copies of an award are by the Inclosure Act, 1845, directed to be deposited and kept.

6. This Act shall not extend to the New Forest.

See the Schedule on the next page.

s. 6.

Exception of the New Forest.

[blocks in formation]

s. 108.

Power to redeem

mortgages.

AND WITH RESPECT TO LANDS SUBJECT TO MORTGAGE, be it enacted as follows:

CVIII. It shall be lawful for the promoters of the undertaking to purchase or redeem the interest of the mortgagee of any such lands which may be required for the purposes of the Special Act, and that whether they shall have previously purchased the equity of redemption of such lands or not, and whether the mortgagee thereof be entitled thereto in his own right or in trust for any other party, and whether he be in possession of such lands by virtue of such mortgage or not, and whether such mortgage affects such lands solely or jointly with any other lands not required for the purposes of the Special Act, and in order thereto the promoters of the undertaking may pay or tender to such mortgagee the principal and interest due on such mortgage, together with his costs and charges, if any, and also six months' additional interest, and thereupon such mortgagee shall immediately convey his interest in the lands comprised in such mortgage to the promoters of the undertaking, or as they shall direct, or the promoters of the undertaking may give notice in writing to such mortgagee that they will pay off the principal and interest due on such mort

gage at the end of six months, computed from the day

8 Vict.

c. 18,

of giving such notice; and if they shall have given s. 108.
any such notice or if the party entitled to the equity
of redemption of any such lands shall have given
six months' notice of his intention to redeem the
same, then at the expiration of either of such notices,
or at any intermediate period, upon payment or
tender by the promoters of the undertaking to the
mortgagee of the principal money due on such mort-
gage, and the interest which would become due at the
end of six months from the time of giving either of
such notices, together with his costs and expenses, if
any, such mortgagee shall convey or release his interest
in the lands comprised in such mortgage to the pro-
moters of the undertaking, or as they shall direct.

The powers given by sections 108, 112, 114, and 118, may by virtue of sec. 8, ante, p. 26, be exercised by the persons under disability described in sec. 7, ante, p. 22.

The company will be restrained from proceeding to take possession of mortgaged premises, and to commence pulling down buildings thereon until the value of the mortgaged interests have been ascertained or paid and secured: Ranken v. E. and W. India Docks etc. Ry. Co., 12 Beav. 298. See also Martin v. L. C. & D. Ry. Co., 1 Ch 501.

s. 109.

Deposit of mortgage

money on

CIX. If, in either of the cases aforesaid, upon such payment or tender, any mortgagee shall fail to convey or release his interest in such mortgage as directed by the promoters of the undertaking, or if refusal to he fail to adduce a good title thereto to their satis- accept. faction, then it shall be lawful for the promoters of the undertaking to deposit in the Bank, in the manner provided by this Act (a) in like cases, the principal and interest, together with the costs, if any, due on such mortgage, and also, if such payment be made before the expiration of six months' notice as aforesaid, such further interest as would at that time become due; and (a) Sec. 69.

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