and empanel twelve of them, who shall thereupon inquire as aforesaid.

be has sent in

17. No person shall be heard before the said Sheriff or Deputy No party to be Sheriff and Jury, touching the matter of the inquiry, unless heard unless such a statement as hereinbefore mentioned, of the particulars statement of of every such claim, and how and in what manner the amount claim. thereof is made out and computed, has been given to the Commissioners by or on behalf of such person, within three months after such notice in writing of its being the intention of the said Commissioners to purchase and take such lands, and all persons who do not give such statement within such period as last aforesaid, or do not appear to any inquisition, shall, as well as all other persons, be bound by such verdict and judgment as aforesaid.

to be perjury.

18. Every person who, upon any examination taken by vir- Wilful false tue of this Act, wilfully and corruptly gives false evidence either swearing, &c., on oath or affirmation, before any Jury, or before any Justice of the Peace acting as such in the execution of this Act, shall be deemed to be guilty of perjury, and may be prosecuted for the same, and upon conviction thereof shall be subject to such and the same pains and penalties as persons guilty of wilful and corrupt perjury are or shall be by the laws in force subject or liable to.

of record.

19. Every inquisition, verdict and judgment taken or given Inquisition to under this Act, shall be deposited with the Clerk of the Court be deposited within the jurisdiction of which the lands being the subject of dispute are situate, to be kept and preserved by him among the records of such Court, and shall be deemed records to all intents and purposes whatsoever, and the same, or copies thereof certified by such Clerk for the time being, shall be allowed Copies, &c. to be good and conclusive evidence in all Courts and proceedings whatsoever; and all persons may inspect the same, paying for every such inspection the sum of twenty cents, and may take or make copies thereof or extracts therefrom, paying for every copy or extract made by such Clerk, with his certificate thereon, after the rate of ten cents for every one hundred words.

be borne by

20. If any Jury, summoned pursuant to this Act, give in a In what cases verdict or assessment for more money as a recompense, com- the costs shall pensation or satisfaction, for the rights, interest or property of the Crown, or the parties interested in any such lands, or for any such good- by the oppowill, improvements, fixtures, injury or damage as aforesaid, than site party. has been agreed to be given or offered for the same in the aggregate by the said Commissioners, before the summoning and returning of such Jury, or where by reason of absence from this Province or other incapacity or disability as aforesaid, or from any other cause, there is not or is not found any person legally capacitated to enter into any contract with the said Commissioners on behalf of Her Majesty,-then all the By the Crown.

By the opposite party.

may be deducted from the sum awarded.

reasonable costs, charges and expenses of causing and procuring such recompense, compensation or satisfaction to be assessed by a Jury, shall be settled by the Sheriff or his deputy before whom such claim has been tried or investigated, and shall be paid by the said Commissioners on behalf of Her Majesty :

2. But in every case in which any such Jury are of opinion that the statement delivered by the claimant of the manner in which any amount of moneys demanded as a recompense, compensation or satisfaction, has been computed and made up, did not give sufficient particulars to enable the said Commissioner to make a proper offer to such claimant, unless such claimant proves to the satisfaction of the Jury that he was not and could not be in possession of such additional information at the time the particulars referred to were furnished to the said Commissioners, and in every case in which any such Jury give in a verdict or assessment for no more or for less money as such recompense, compensation or satisfaction as aforesaid, than has been agreed to or offered by the said Commissioners in the aggregate before the summoning and returning of the said Jury, -or in case no damages or less damages than those offered by the said Commissioners are given by the verdict, where the dispute is for damages only, or where the causing or procuring such Jury to be summoned has arisen from a refusal to treat or agree with the said Commissioners by any person whomsoever, who is by the provisions of this Act or otherwise legally empowered to treat, then, all such costs, charges and expenses to be settled by such Sheriff or his deputy in manner aforesaid, shall be paid to the said Commissioners on behalf of Her Majesty, by the said person so claiming, or entitled to such recompense, compensation or satisfaction, or refusing to treat and agree as before mentioned respectively;

Costs payable 3. And all costs, charges and expenses hereby directed to be to the Crown paid to the said Commissioners on behalf of Her Majesty, shall be deducted and retained by them out of the moneys adjudged and assessed to be paid by them, as so much money advanced to and for the use of the person entitled to such money so adjudged, and payment or tender of the remainder of such money, if any, shall be deemed and taken to be a payment or tender of the whole sum or sums so adjudged or assessed, or in case no money or no sufficient sum of money is awarded or assessed to be paid by the said Commissioners on behalf of Her Majesty, whereout such costs, charges and expenses can be deducted, then the same or the remainder thereof shall be recovered by execution against the person, lands and goods of such party, to be sued forth out of the Court into which such proceedings shall be returned, as in the case of other judgments in favour of Her Majesty.

Amount of costs to be allowed.

21. The costs to be allowed and settled by such Sheriff or Deputy Sheriff as aforesaid, shall be, to himself, for executing the warrant of possession and summoning the Jury, four dollars,

and also such mileage for his necessary travel in causing such Jury to be summoned as are taxable in the Court of the highest jurisdiction of that section of this Province within which such lands lie, by any one of the Judges of such Court, or by the or dinary Taxing Officer, for the travel required in summoning Special Jurors for the trials of issues in such Courts;-also to himself for swearing such Jury, presiding at the inquiry and Payment of receiving the verdict, eight dollars, together with necessary travelling expenses,-to each Juror sworn, two dollars for each day on which the said Jurors shall be engaged on the said inquest or inquisition,—and a reasonable allowance to each material witness.

Jurors.

22. In every case in which any person claims any satisfac- Commissioners tion or compensation for or in respect of any unexpired term or may require interest which he claims to be possessed of or entitled to, in any port of claims proof in suplands intended to be taken or used by the authority of this of lessors. Act, under or by virtue of any demise or lease, or agreement for a demise or lease or grant thereof, the said Commissioners may require such persons to produce or shew the document in respect of which such claim for satisfaction or compensation is made, or the best evidence thereof in his power;-and if such document or such best evidence thereof as aforesaid is not produced or shewn to the said Commissioners or their Agent, within twenty-one days after the demand made by the said Commissioners, or any person by them authorized, the person claiming such satisfaction or compensation shall be considered or treated as a tenant at will.

PAYMENT OF PURCHASE MONEY, &C.

23. Every sum of money to be agreed upon or assessed as Purchase moaforesaid, for the purchase of any lands required by the said ney, how to be Commissioners, or of any estate or interest therein, or for any paid. recompense, compensation, or satisfaction as herein mentioned (except as herein otherwise provided), shall be paid by the said Commissioners, either to the person thereunto entitled, or into Her Majesty's Public Provincial Treasury as hereinafter mentioned, as the case may require, on a clear title to the lands, estate or interest in respect of which the same are payable, being adduced and shewn to the satisfaction of the said Commissioners, or of their Counsel.

24. If any money is agreed or assessed to be paid for the Purchase mopurchase of any lands lying within Upper Canada, to be taken ney exceeding or used by the said Commissioners by virtue of their powers be dealt with $800, how to under this Act, or any estate or interest therein, or for any in cases of recompense, compensation or satisfaction under this Act, which parties unable to convey, &c. any person, tenant for life, or in tail, feoffee in trust, executor, administrator, curator, husband, guardian, committee or other trustee, for or on behalf of any infant, lunatic, idiot, feme-covert cestui que trust, or any person or persons whose lands so taken are limited in strict or other settlement, or any person under

Cases in U.C.

in which compensation is between $100

and $800.

any other disability or incapacity shall be entitled unto, interested in, or hereby capacitated to sell,-or in case the lands or interest for the purchase whereof the same is agreed or assessed to be paid, are subject to, or charged or chargeable with any incumbrances, liabilities, claims or demands which cannot be or are not ascertained, got in, paid off or discharged, then such money, if the sum is equal to or exceeds eight hundred dollars, shall not be paid into the hands of the person or party who makes and executes the sale, exchange or other conveyance, warranty, or quit-claim, but shall with all convenient speed be paid, together with the interest payable in respect of the same, if any, into Her Majesty's Provincial Treasury, to be placed to the credit of an account opened for that and similar purposes, in the Provincial Books of Account, under the name of Trust Deposit, and subject to the order, control and disposition of Her Majesty's Court of Chancery for Upper Canada, which said Court, on the application of any party making claim to such money, or any part thereof, by motion or petition, may, in a summary way of proceeding or otherwise, as to the said Court seems meet, order the same to be laid out and invested in the public funds of the Province, or may order distribution thereof, or payment of the dividends or interest thereof, according to the estate, title or interest of the party making claim, or may make such other order in the premises as to the said Court seems proper, upon every which order of such Court a Warrant shall issue for the payment of such money according to the

same.

25. And in any case where such moneys as are lastly herein before mentioned are less than eight hundred dollars, and exceed one hundred dollars, the same shall not be paid into the hands of the person or party who makes and executes the sale, exchange or other conveyance, warranty or quit-claim, but shall, at the option of the party for the time being entitled to the rents and profits of the land or other real property purchased or taken, or of the guardian or committee of such party, in case of infancy or lunacy, to be signified in writing under their respective hands, be paid, under the orders and directions of two Justices of the Court of Queen's Bench or Common Pleas, into the Public Provincial Treasury, as hereinafter mentioned, or otherwise, at the like option, shall be paid to three trustees nominated by the party making such option and approved by the said Commissioners (such nomination being signified in writing, under the hand of the nominating and approving parties), in order that such money may be invested in the public securities of the Province, and that such stock when purchased, and the dividends arising therefrom, may be applied in the manner herein directed, so far as the same may be applicable, without obtaining the order and direction of any Justices of either of the said Courts, and with the same effect as if such payment had been made under such orders and directions.

26. Relates to Quebec only.

27. Where any money so agreed or assessed to be paid as As to payment herein before mentioned, for or in respect of lands, either in of compensation amounting Upper or Lower Canada, does not exceed the sum of one hun- to not more dred dollars, the same shall be paid to the respective parties than $100. who would for the time being have been entitled to the rents and profits of the lands taken or used for the purposes of this Act, or in respect of which such recompense, compensation or satisfaction shall be paid, for their own use and benefit; or in case of coverture, idiocy, lunacy or other incapacity, then such money shall be paid to their respective husbands, guardians, curators, committees or trustees, to and for the use and benefit of the parties respectively entitled thereto.

cept compensa

28. In case any party to whom any money is agreed or Case of parties assessed to be paid for the purchase of any lands to be taken refusing to acor used by virtue of the powers of this Act, or any estate or tion, or absent interest therein, or for recompense, compensation or satisfaction from the Proas aforesaid, refuses to accept the same, or cannot be found, or provided for. vince, &c., is absent from this Province, or refuses or neglects or is unable to make a title to and convey such lands, estate or interest, to the satisfaction of the said Commissioners, within twelve months from the period of the value of the lands or amount of recompense, compensation or satisfaction being agreed on or assessed as aforesaid;

2. Or if any party entitled to contract or agree for the sale of The same. such lands, estate or interest is not known, or is absent from this Province, or refuses to execute any proper contract or conveyance for the sale thereof respectively, within the said twelve months;

3. Then and in every such case, the said Commissioners may cause the money so agreed upon or assessed as aforesaid, to be paid into Her Majesty's Public Provincial Treasury, at the credit of the said Account of Trust Deposits, subject to the order, control and disposition of whichever of Her Majesty's said Courts shall, according to the fifty-fourth section of this Act, have jurisdiction in the premises; which said Court, on the affidavit of any party making claim to such money or to any part thereof, by motion or petition, may, in a summary way of proceeding or otherwise, as to the said Court seems meet, order the same to be laid out and invested in the public funds of the Province, or order disposition thereof or payment of the dividends or interest thereof, according to the estate, title or interest of the party making claim thereto, or may make such other order in the premises as to such Court seems proper;

The same.

the money on application of

4. And upon the application of any person or party having Distribution of any interest in the said money, any two Justices of the said Court, upon reading the said petition, and any declaration, deed parties and oror instrument filed with the same, and receiving such further der of Court. satisfaction as they deem necessary, may, in a summary way, make and pronounce such orders and directions for paying the