Deposit of Award and Notice.

The award must be deposited at the office of the confirming authority, and a copy at the office of the local authority, and the local authority must thereupon publish once in each of three successive weeks notice of the deposit having been made at their office, and a further notice requiring all persons claiming to have any right to or interest in the lands (the compensation to be paid in respect of which is ascertained by the award) to deliver to the local authority on or before a day to be named in the notice (such day not being earlier than twenty-one days from the date of the last publication of the notice), a short statement in writing of the nature of the claim, and a short abstract of the title on which the claim is founded. The statement and abstract are to be paid for by the local authority. The abstract of title, in the case of a person claiming a fee-simple interest in the land, must commence twenty years previous to the date of the claim, except there has been an absolute conveyance on sale within twenty years, and more than ten years, previous to the claim, when the abstract must commence with the conveyance (45 & 46 Vict. c. 54. Sched. Rule F.).

Certificate of Amount of Compensation.

Within thirty days from the delivery to the local authority of the statement and abstract, the local authority, where it appears to them that any person claiming is absolutely entitled to the lands, estate, or interest claimed by him, must deliver to him, on demand, a certificate stating the amount of the compensation to which he is entitled under the award.

The certificate must be prepared by and at the costs of the local authority; and where an agreement has been entered into as to the compensation payable in respect of the interest of a person in any lands, the local authority may, where it appears to them that the person is absolutely entitled, deliver to him a like certificate (38 & 39 Vict. c. 36. Sched. Rules 14 and 15).

Payment of Amount of Compensation.

The local authority, thirty days after demand, must pay to the party to whom the certificate is given, or otherwise as hereafter referred to (see page xci), the amount of moneys specified to be payable by the certificate to the party to whom or in whose favour it is given.

If the local authority wilfully make default in payment, the party named in the certificate may enter up judgment against them in any of Her Majesty's superior courts of law at Westminster, or in any court to which the jurisdiction of those courts may be transferred, for the amount of the sums specified in the certificate, in the same manner in all respects as if he had been, by warrant of attorney from the local authority, authorised to enter up judgment for the amount mentioned in the certificate, with costs, as is usual in like cases; and all moneys payable under the certificates, or to be recovered by such judgments as are referred to, are to be taken at law and in equity as personal estate as from the time of the local authority entering on the lands taken by them (38 & 39 Vict. c. 36. Sched. Rules 16 and 17).

4

Entry on Lands after Payment of Compensation.

As soon as the local authority have paid to the party to whom the certificate is given, or otherwise, as hereafter referred to (see page xci.), the amount specified to be payable by the certificate to the party to whom or in whose favour it is given, the local authority, upon obtaining a receipt, may from time to time enter upon any lands in respect of which the certificate is given, and thenceforth hold them for the estate or interest in respect of which the amount specified in the certificate was payable (38 & 39 Vict. c. 36. Sched. Rule 18).

Receipt to be given.

In every case in which moneys are paid by a local authority under these Acts for compensation, the party receiving the moneys is required to give to the local authority a receipt for the same. This receipt has the effect of a grant, release, and conveyance of all the estate and interest of the party, and of all parties claiming under or through him, in the lands in respect of which the moneys are paid, provided that the receipt has had an ad valorem stamp of the same amount impressed on it in respect of the purchase-moneys mentioned in the certificate as would have been necessary if the receipt had been an actual conveyance of the estate or interest. The receipt is to be prepared by and at the costs of the local authority (38 & 39 Vict. c. 36. Sched. Rule 19).

Mode of Payment in certain Cases.

If it appears to the local authority, from any such statement and abstract as is above referred to, or otherwise, that the

party making any claim is not absolutely entitled to the lands, estate, or interest in respect of which his claim is made, or is under any disability, or if the title to the lands, estate, or interest is not satisfactorily deduced to the local authority, then the amount to be paid by the local authority in respect of the lands, estate, or interest is to be paid and applied as provided by the clauses of "The Lands Clauses Consolidation Act, 1845," as amended by "The Court of Chancery Funds Act, 1872," "with respect to the purchase-money or compensation coming to parties having limited interests, or prevented from treating, or not making title."

Where any person claiming any right or interest in any lands refuses to produce his title to them, or where the local authority have under the provisions of these Acts taken possession of any lands in respect of the compensation for which, or in respect of an estate or interest in which, no claim has been made within one year from the time of the local authority taking possession, or if any party to whom a certificate has been given or tendered refuses to receive it, or to accept the amount specified in it as payable to him, then the amount payable by the local authority in respect of the lands, estate, or interest, or the amount specified in the certificate, is to be paid into the Bank of England, in manner provided by the last-mentioned clauses of "The Lands Clauses Consolidation Act, 1845," as amended by "The Court of Chancery Funds Act, 1872," and the amount paid into the Bank is to be accordingly dealt with as provided by the former Act (38 & 39 Vict. c. 36. Sched. Rules 20, 21).

Further Evidence of Title may be required.

Nothing contained in the provisions of the Artizans and Labourers Dwellings Improvements Acts is to prevent the local authority from requiring any further abstract or evidence. of title respecting any lands included in an award, in addition to the abstract or statement before mentioned, if they think fit, so that the further abstract or evidence be obtained at their own costs (38 & 39 Vict. c. 36. Sched. Rule 22).

Enforcement of Right to Certificate.

If from any reason whatever the local authority do not deliver the certificate to the party claiming to be entitled to an interest in lands the possession of which has been taken by the local authority, then the right to have a certificate according to the provisions of these Acts may, at the costs and

charges of the local authority, be enforced by the party or parties, by application to the High Court of Justice, in a summary way by petition, and all other rights and interests of the party or parties arising under the provisions of these Acts may be in like manner enforced against the local authority by such an application (38 & 39 Vict. c. 36. Sched. Rule 23; 36 & 37 Vict. c. 66, sec. 16).

Entry on Lands on making Deposit.

Where the local authority are desirous, for the purposes of their works, of entering upon any lands before they would be entitled to enter on them under the provisions above set out, the local authority, at any time, after the arbitrator has framed his award, upon depositing in the Bank of England such sum as the arbitrator may certify to be in his opinion the proper amount to be so deposited in respect of any lands authorised to be purchased or taken by the local authority, and mentioned in the award, may enter upon and use the lands for the purposes of their improvement scheme. The arbitrator, upon the request of the local authority, at any time after he has framed his award, must certify under his hand the sum which, in his opinion, ought to be so deposited by the local authority in respect of any lands mentioned in the award before they enter upon and use them for the purposes of the scheme. The sum to be certified will be the sum or the amount of the several sums set forth in the award as the sum or sums to be paid by the local authority in respect of the lands, or such greater amount as to the arbitrator, under the circumstances of the case, may seem proper. Notwithstanding the entry upon the lands under the circumstances described, all proceedings for and in relation to the completion of the award, the delivery of certificates, and other proceedings under these Acts are to be had, and payments made, as if the entry and deposit had not been made. Where the local authority enter upon lands by virtue of these provisions, they must pay interest at the rate of £5 per cent. per annum upon the compensation money payable by them in respect of the lands entered upon, from the time of their entry until the time of the payment of the money and interest to the party entitled to them, or where, under the provisions of these Acts, the compensation is required to be paid into the Bank of England, then until the same, with the interest, is paid into the Bank accordingly. Where under these provisions interest is payable on compensation money, the certificate to be delivered by the local authority must specify that interest is so payable, and the interest will be recoverable in

like manner as the principal money mentioned in the certificate (38 & 39 Vict. c. 36. Sched. Rule 24).

Regulations as to Deposit.

The money deposited must be paid into the Bank of England to such account as may from time to time be directed by any regulation or Act for the time being in force in relation to moneys deposited in the Bank in similar cases, or to such account as may be directed by an order of the High Court of Justice, and remain in the Bank by way of security to the parties interested in the lands which have been entered upon for the payment of the money to become payable by the local authority under the award of the arbitrator.

The money deposited may, on the application by petition of the local authority, be ordered to be invested in Bank Annuities or Government securities, and accumulated.

Upon payment by the local authority under the award, the High Court of Justice, upon a like application, may order the money deposited, or the funds in which it has been invested, together with the accumulation, to be repaid or transferred to the local authority, or, in default of the payment by the local authority, the Court may order the money to be applied in such manner as they think fit for the benefit of the parties for whose security it has been deposited (38 & 39 Vict. c. 36. Sched. Rule 25; 36 & 37 Vict. c. 66, sec. 16).

Appeal.

Where the party named in a certificate of the amount of the compensation ascertained by an award, or any party claiming under him, is dissatisfied with the amount in the certificate certified to be payable, and the amount exceeds £1000; and

Where a party claiming an interest in moneys paid into court as above described is dissatisfied with the amount of the price or compensation in respect of which the moneys are paid into court, and the amount exceeds £1000; also

Where the local authority is dissatisfied with the amount of compensation which the arbitrator has awarded to be paid by them to a person in respect of an estate or interest in lands, and the amount exceeds the sum of £1000;

The party or local authority dissatisfied may submit the question of the proper amount of compensation to a jury, provided that he or they give notice in writing to the other party of his or their intention to appeal within ten days after the cause of appeal has arisen (38 & 39 Vict. c. 36. Sched. Rule 26; and 45 & 46 Vict. c. 54. Sched. Rule G.).