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whom they are hereinbefore enabled to sell and convey, Applicathe promoters of the undertaking shall be entitled to im- tion of mediate possession of such lands; and such instrument, compenbeing registered in the register of sasines in manner here- sation. inafter provided in regard to conveyances of lands, shall have the same effect as a conveyance so registered.

show title, cannot

the purchase money to be

75. If the owner of any such lands purchased or taken Where parby the promoters of the undertaking, or of any interest ties refuse therein, on tender of the purchase money or compensation to convey, either agreed or awarded to be paid in respect thereof, or do not refuse to accept the same, or neglect or fail to make out a title to such lands, or to the interest therein claimed by be found, him, to the satisfaction of the promoters of the undertaking, or if he refuse or is unable validly to convey such lands as directed by the promoters of the undertaking, or to discharge or obtain a discharge of any burden or in- deposited cumbrance thereon which was not specially excepted from in the bank. discharge, or if any such owner be absent from the kingdom, or cannot after diligent inquiry be found, or fail to appear, on the inquiry before a jury, as herein provided for, it shall be lawful for the promoters of the undertaking to deposit the purchase money or compensation payable in respect of such lands or any interest therein in the bank, to be placed, except in the cases herein otherwise provided for, to an account to be opened in the name of the parties interested in such lands (describing them, so far as the promoters of the undertaking can do), subject to the control and disposition of the court of session.

the lands to the bank

76. Upon any such deposit of money as last aforesaid Upon debeing made, the cashier or other proper officer of such posit being bank shall give to the promoters of the undertaking, or to made in the the party paying in such money by their direction, a re- bank, a receipt for such money, specifying therein for what and for ceipt to be whose use (described as aforesaid) the same shall have given, and been received, and in respect of what purchase the same vest in the shall have been paid in; and it shall be lawful for the promoters promoters of the undertaking, if they think fit, to expede upon a noan instrument under the hands of a notary public, con- tarial intaining a description of the lands in respect whereof such strument deposit shall have been made, and declaring the circum- being exestances under which and the names of the parties to whose cuted. credit such deposit shall have been made, and such instrument 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 deposited shall vest absolutely in the promoters of the undertaking, and as against

Applica- such parties they shall be entitled to immediate possession tion of of such lands; and such instrument, being registered in compen- the register of sasines in manner hereinafter directed in regard to conveyances of lands, shall have the same effect as a conveyance so registered.

sation.

sited.

Application 77. Upon the application by petition of any party of monies making claim to the money so deposited as last aforesaid, so depo- or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any part of such lands, or any interest in the same, the said court of session may, in a summary way, as to such court shall seem fit, order such money to be laid out or invested in the public funds, or on heritable securities, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands, or any part thereof, and may make such other order in the premises as to such court shall seem fit.

Parties in

78. If any question arise respecting the title to the possession lands in respect whereof such monies shall have been so of lands to paid or deposited as aforesaid, the parties respectively in be deemed possession of such lands, as being the owners thereof, at to be the the time of such lands being purchased or taken, shall be owners un- deemed to have been lawfully entitled to such lands, until til the con- 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 the money so deposited, and to the dividends or interest of the annuities or securities purchased therewith, and the same shall be paid and applied accordingly.

trary be shown.

In cases of

money deposited in

79. In all cases of monies deposited in the bank under the provisions of this or the special act, or any act incorporated therewith, except where such monies shall have been so deposited by reason of the wilful refusal of any party entitled thereto to receive the same, or to feu or convey the lands in respect whereof the same shall be payable, or by reason of his refusal or inability to disbe paid by charge or obtain a discharge of any burden on such lands which was not specially excepted from discharge, or by reason of the failure or neglect of any party to make out a good title to the land required, it shall be lawful for the court of session to order the expenses of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the promoters of the undertaking; (that is to say,) the expense of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such expenses as are herein otherwise provided for, and the expense of the investment of such monies in government or real Applicasecurities, and of the re-investment thereof in the pur- tion of chase of other lands, and of re-entailing any of such lands, compenand incident thereto, and also the expense of obtaining sation. the proper orders for any of the purposes aforesaid, and of the orders for the payment of the dividends and interest of the securities upon which such monies shall be invested, and for the payment of the principal of such monies, or of the 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 expense of one application only for re-investment in land shall be allowed, unless it shall appear to the court of session 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 expenses of any such investments to be paid by the promoters of the undertaking.

the court

may order the ex

penses to

the pro

moters.

And with respect to the conveyances of lands, be it Convey

enacted as follows:

ances.

ances.

80. Feus and conveyances of lands so to be purchased Form of as aforesaid may be according to the form in the schedules convey(A.) and (B.) respectively, to this act annexed, or as near thereto as the circumstances of the case will admit; which feus and conveyances, being duly executed, and being registered in the particular register of sasines kept for the county, burgh, or district in which the lands are locally situated, or in the general register of sasines for Scotland kept at Edinburgh, within sixty days from the last date thereof, which the respective keepers of the said registers are hereby authorized and required to do, shall give and constitute a good and undoubted right and complete and valid feudal title in all time coming to the promoters of the undertaking, and their successors and assigns, to the premises therein described, any law or custom to the contrary notwithstanding: provided always, that it shall not be necessary for the promoters of the undertaking to record in any register of sasines any feus or conveyances in their favour which shall contain a procuratory of resignation or precept of sasine, or which may be completea by infeftment; and the title of the company under such lastmentioned feus or conveyances shall be regulated by the ordinary law of Scotland, until the said feus or conveyances, or the instruments of sasine thereon, shall have been recorded in a register of sasines.

81. The expenses of all conveyances of lands shall be Expenses borne by the promoters of the undertaking; and such of conveyances to be expenses shall include all charges and expenses, incurred borne by on the part as well of the seller as of the purchaser, of all promoters. conveyances of any such lands, and of any interest therein, and of establishing the title to such lands, and all other reasonable expenses incident to the investigation of such title. 82. If the promoters of the undertaking and the party

Expenses of convey- entitled to any such expenses shall not agree as to the ances may amount thereof, such amount shall be ascertained and be taxed by decerned for by the lord ordinary, on a summary petition the lord or- presented to him by the party entitled to recover the same ; dinary. and the promoters of the un undertaking shall pay to the party entitled thereto what the said lord ordinary shall decree for or in respect of such expenses, or in default thereof, the same may be recovered in the same way as any other expenses payable under an order or decree of the court, or the same may be recovered by poinding and sale in the manner hereinbefore provided in other cases of expenses; and the expense of taxing such expenses shall be borne by the promoters of the undertaking, unless upon such taxation one sixth part of the amount of such expenses shall be disallowed, in which case the expenses of such taxation, and of or incident to the application to the lord ordinary, shall be borne by the party whose expenses shall be so taxed, and the amount thereof shall be ascertained by the said lord ordinary, and deducted by him accordingly in his judgment or decerniture.

Entry on
Lands.

chase mo

And with respect to the entry upon lands by the promoters of the undertaking, be it enacted as follows:

83. The promoters of the undertaking shall not, exPromoters cept by consent of the owners and occupiers, enter upon not to enter any lands which shall be required to be purchased or perupon lands manently used for the purposes and under the powers of until pur- this or the special act, until they shall either have paid to ney be paid every party having any interest in such lands, or deposited or depo- in the bank in the manner herein mentioned, the purchase sited, un- money or compensation agreed or awarded to be paid to less for sur-such parties respectively for their respective interests veying, tak- therein: provided always, that for the purpose merely of ing levels, surveying and taking levels of such lands, and of probing or setting or boring to ascertain the nature of the soil, and of setting out the line. out the line of the works, it shall be lawful for the pro

Promoters to be allowed to

moters of the undertaking, after giving not less than three nor more than fourteen days' notice to the 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.

84. Provided also, that if the promoters of the undertaking shall be desirous of entering upon and using any such lands before an agreement shall have been come to,

ing bond.

or an award made or verdict given, for the purchase enter on money or compensation to be paid by them in respect of lands before such lands, it shall be lawful for the promoters of the purchase, undertaking to deposit in the bank by way of security, as on making hereinafter mentioned, either the amount of purchase deposit by money or compensation claimed by any party interested way ofsecuin or entitled to sell and convey such lands, and who shall rity and givnot consent to such entry, or such a sum as shall by a valuator, appointed by the sheriff in the manner hereinbefore 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, if required so to do, to give to such party a bond, under the hand of the secretary or proper officer or person authorized, if the promoters be a company or corporation, or if they be not a company or corporation, under the hand of the promoters, or any two of them if more than one, with two sufficient securities, to be approved of by the sheriff in case the parties differ, for a sum equal to the sum so to be deposited, for payment to such party, or for making a 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 hereinbefore provided be determined to be payable by the promoters of the undertaking in respect of the lands 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 Upon maksecurity being made as aforesaid, and such bond being ing deposit delivered or tendered to such non-consenting party as and giving aforesaid, it shall be lawful for the pro promoters of the bond, proundertaking to enter upon and use such lands, without moters may 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.

enter upon

lands.

85. The money so to be deposited as last aforesaid shall Deposit to be paid into the bank, to be placed to an account to be be paid into opened in the name of the parties interested in or entitled bank, and to sell and convey the lands so to be entered upon, and cashier to who shall not have consented to such entry, subject to the give a receipt. control and disposition of the court of session; and upon such deposit being made, the cashier or other proper officer of the bank shall give to the promoters of the under

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