they had been kept on foot and assigned to a Trustee for the Promoters of the Undertaking, to attend the Reversion and Inheritance.

82. The Costs of all such Conveyances shall be borne by Costs of Conthe Promoters of the Undertaking; and such Costs shall in- veyances. clude all Charges and Expenses incurred, on the Fart as well of the Seller as of the Purchaser, of all Conveyances and Assurances of any such Lands, and of any 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.

Costs of Con

veyances.

83. If the Promoters of the Undertaking and the Party Taxation of entitled to any such Costs shall not agree as to the Amount thereof, such Costs 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 l'arties; 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.

Lands.

And with respect to the Entry upon Lands by the Promoters Entry on of the Undertaking, be it enacted as follows:

Price to be

84. The Promoters of the Undertaking shall not, except by Payment of Consent of the Owners and Occupiers, enter upon any Lands made before which shall be required to be purchased or permanently used Entry, exfor the Purposes and under the Powers of this or the special vey, &c.;

cept for sur

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 Interest 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 survey, &c. 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.

Notice of entry for purposes of

Promoters to

to enter on

Purchase, on

making De

of Security, and giving

Bond.

85. Provided also, That if the Promoters of the Undertakbe allowed ing shall be desirous of entering upon and using any such Lands before Lands, before an Agreement shall have been come to, or an Award made, or Verdict given, for the Purchase Money or posit by way 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 herein-before 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 Undertak

* § 58 et seq.

ing in respect of the Land 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.

made,

86. The Money so to be deposited as last aforesaid shall be Upon Depaid into the Bank in the Name and with the Privity of the posit being Accountant General of the Court of Chancery in England, or Cashier to give Receipt. 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 by their Direction, a Receipt for such Money, specifying therein for what Purpose and to whose Credit the same shall have been paid in.

Security,

applied

under Direction of

Court.

87. The Money so deposited as last aforesaid shall remain Deposit to in the Bank, by way of Security to the Parties whose Lands remain as a shall so have been entered upon, for the Performance of the and to be Conditions of the Bond to be given by the Promoters of the Undertaking, as herein-before 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

Company may pay Deposit

of Security,

that the

General is

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.

88. If at any Time the Company be unable, by reason of the closing of the Office of the Accountant General of the Money into Court of Chancery in England or the Court of Exchequer in Bank by way Ireland, to obtain his Authority in respect of the Payment of during Time any Sum of Money so authorized to be deposited in the Bank Office of the by way of Security as aforesaid, it shall be lawful for the Accountant Company to pay into the Bank, to the Credit of such Party closed. 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.

Penalty on Company entering

without Con

Purchase

89. If the Promoters of the Undertaking or any of their Contractors shall, except as aforesaid, wilfully enter upon and upon Lands take possession of any Lands which shall be required to be sent, before purchased or permanently used for the Purposes of the special Payment of Act, without such Consent as aforesaid, or without having Money, £10; made such Payment for the Benefit of the Parties interested in the Lands, or such Deposit by way 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

"Of England;" sic: or of Ireland? Where the expression "the Bank" alone is used, it applies to either: § 3, (p. 242.)

Conviction.

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 and £25 a Contractors shall, after Conviction in such Penalty as afore- day after said, 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 bonâ 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.

Justices not

in case of

session of

90. On the Trial of any Action for any such Penalty as afore- Decision of said, the Decision of the Justices under the Provision herein- conclusive as before contained shall not be held conclusive as to the Right of to Title of Company. Entry on any such Lands by the Promoters of the Undertaking. 91. If in any Case in which, according to the Provisions of this or the special Act, or any Act incorporated therewith, Proceedings the Promoters of the Undertaking are authorized to enter Refusal to upon and take possession of any Lands required for the Pur- deliver Posposes of the Undertaking, the Owner or Occupier of any such Lands. 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 Costs.

See § 90: the first penalty of £10 under the present section is recoverable before Justices. § 89; and note thereon.

b

§ 85.

T