or them; or in case any such person or persons, to whom any sum or sums of money as aforesaid shall be so awarded, cannot be found; or in case that, by reason of disputes depending in any court of law or equity, or for defect of evidence, it shall not appear to the said dock company what person or persons is or are entitled to the premises in question, then and in every such case, it shall be lawful for the said dock company to order the said sum or sums of money so assessed and awarded, as the value and purchase money for the said lands, tenements, and hereditaments as aforesaid, to be paid into the bank of England, in the name and with the privity of the Accountant General of the high court of chancery, to be placed to his account, to the credit of the parties interested in the said lands, tenements, or hereditaments (describing them) subject to the order, controul, and disposition of the said court of chancery; which said court of chancery, on the application of any person or persons making claim to such sum or sums, or any part thereof, by motion or petition, shall be and is hereby empowered, in a summary way of proceeding, or otherwise as to the same court shall seem meet, to order distribution thereof, according to the respective estate or estates, title or interest, of the person or persons making claim thereunto, and to make such other order in the premises as the same court shall think just and reasonable; and the cashier or cashiers of the bank of England, who shall receive such sum and sums, is and are hereby required to give a receipt or receipts for such sum or sums, mentioning and specifying for what and for whose use the same is or are received, to such person as shall pay any such sum or sums into the Bank as aforesaid.

Verdicts to be

Immediately after Verdicts and Payments, &c. Premises to

vest in Dock Company.

X. And be it further enacted, That all such verdicts, judgments, determinations, orders, and other proceedings of the said justice and juries, as recorded. relate to or concerning any of the cases before mentioned, and all receipts which the said cashier or cashiers of the bank shall give for any sum or sums of money paid into the bank, in consequence of any such verdict and judgment, shall be entered among the records of the general quarter sessions of the peace for the said riding; and the said verdicts, judgments, sentences, decrees, and orders, and other proceedings, shall be deemed and taken to be records to all intents and purposes whatsoever, and the same, or true copies thereof, shall be deemed and taken to be good and effectual evidence and proof in any court or courts of law or equity whatsoever, and all persons shall and may have recourse to the same gratis, and to take copies thereof, paying for every copy, not exceeding one hundred words, sixpence, and so proportionably for any greater number of words; and immediately after such verdicts, judgments, sentences, decrees, orders, and other proceedings of the said justice and juries, and payment into the bank as aforesaid, and after such receipt or receipts of the said cashier or cashiers shall be given as before mentioned, all the estate, right, title, interest, use, trust, property, claim and demand in law and equity, of the person or persons to whose credit such money shall be paid, into and out of the lands, tenements, hereditaments, and premises to be purchased as aforesaid, shall vest in the said dock company, and they shall be deemed in law to be in the actual seisin or possession thereof to all intents and purposes whatsoever, as fully and effectually as if every person having a y estate in the premises bad actually conveyed the same by lease and release; bargain and sale enrolled, feoffment with livery of seisin, fine, common recovery, or any other conveyance or assurance whatsoever; and such payment shall not only bar all right, title, interest, claim, and demand, of the person or persons to whose credit such payment shall have been made, but also shall extend to, and be deemed and construed to bar the dower and dowers of the wife and wives of such person and persons, and all estates tail, and other estates in possession, reversion, remainder, or expectancy, and the issue and issues of such person and persons, and every person claiming under them, as effectually as fines or common recoveries would do if levied or suffered by the proper parties in due form of law. XI. And be it further enacted, That if any money shall be agreed or awarded to be paid for any lands, tenements, or hereditaments purchased, taken, or used, by virtue of the powers of the said recited act or this act, for the purposes thereof, which shall belong to any corporation, feme covert, infant, lunatic, or person or persons under any other disability or incapacity as a foresaid, such money shall, in case the same shall amount to or exceed

Nn

Application of Compensation, where exceeding 200€.

889

the sum of two hundred pounds, with all convenient speed be paid into the bank of England, in the name and with the privity of the Accountant General of the high court of chancery, to be placed to his account there ex parte the said dock company, to the intent that such money shall be ap plied, under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way, by the person or persons who would have been entitled to the rents and profits of the said lands, tenements, or hereditaments, in the purchase of the land tax, or towards the discharge of any debt or debts, or such other incumbrance or part thereof as the said court shall authorise to be paid, affecting the same lands, tenements, or hereditaments, or affecting other lands, tenements, or hereditaments, standing settled therewith to the same or to the like uses, intents, or purposes; or where such money shall not be so applied, then the same shall be laid out and invested, under the like direction and approbation of the said court, in the purchase of other lands, tenements, or hereditaments, which shall be conveyed and settled to, for, and upon such and the like uses, trusts, intents, and purposes, and in the same manner as the lands, tenements, or bereditaments which shall be so purchased, taken, or used as aforesaid, stood settled or limited, or such of them as at the time of making such conveyance and settlement shall be existing undetermined and capable of taking effect; and in the mean time and until such purchase shall be made, the said money shall, by order of the court of chancery upon application thereto, be invested by the said accountant general, in his name, in the purchase of three pounds per centum consolidated or three pounds per centum reduced bank annuities; and in the mean time and until the said bank annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of the said consolidated or reduced bank annuities, shall from time to time be paid, by order of the said court, to the person or persons who would for the time being have been entitled to the rents and profits of the lands, tenements, or hereditaments so hereby directed to be purchased, in case such purchase or settlement were made.

XII. Provided always, and be it further enacted, That if any money so agreed or awarded to be paid for any lands, tenements, or hereditaments purchased, taken, or used for the purposes aforesaid, and belonging to any corporation, or to any person or persons under disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall exceed the sum of twenty pounds, then and in all such cases the same shall (at the option of the person or persons for the time being entitled to the rents and profits of the lands, tenements, or hereditaments so purchased, taken, or used, or of his, her, or their guardian or guardians, committee or committees, in case of infancy or lunacy, to be signified in writing under their respective hands) be paid into the bank, in the name and with the privity of the said Accountant General of the high court of chancery, and be placed to his account as aforesaid, in order to be applied in manner herein before directed; or otherwise the same shall be paid (at the like option) to two trustees, to be nominated by the person or persons making such option, and approved of by the said dock company (such nomination and approbation to be signified in writing under the hands of the nominating and approving parties) in order that such principal money, and the dividends thereon, may be applied in any manner herein before directed, so far as the case be applicable, without obtaining or being required to obtain the direction or approbation of the court of chancery.

XIII. Provided also, and be it further enacted, That where such money so agreed or awarded to be paid as next before mentioned, shall be less than twenty pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the lands, tenements, or hereditaments so purchased, taken, or used, for the purposes of this act, in such manner as the said dock company shall think fit; or in case of infancy or lunacy, then to his, her, or their guardian or guardians, committee or committees, to and for the use and benefit of such person or persons so entitled respectively.

XIV. And whereas it will be necessary for the said dock company to purchase, for the purposes of this act, certain lands and hereditaments belonging to the said mayor and burgesses; Be it therefore further enacted,

That the value or amount of the purchase money which shall be assessed or agreed to be paid for or in respect of any such lands and hereditaments, shall be paid and applied by the said mayor and burgesses towards their share or proportion of the expences of making the additional bason or dock, and other works hereinbefore directed to be made; any thing herein before contained to the contrary notwithstanding.

XV. And be it further enacted, That the conveyances of any such estate or interest of any feme covert to the said dock company, or any person or persons in trust for them, by indenture or indentures of bargain and sale, sealed and delivered by such feme covert in the presence of and attested by two credible witnesses, and duly acknowledged and enrolled at the said register office within six calendar months after the making thereof, shall as effectually and absolutely convey the estate and interest of such feme covert in the premises, as any fine or fines, recovery or recoveries, would or could do if levied or suffered thereof in due form of law; and further, That all bargains and sales whatsoever to be made of any such lands, tenements, and hereditaments, as shall be purchased by the said dock company by virtue of and for the purposes of this act, and enrolled as aforesaid, shall have the like force, effect, and operation in law, to all intents and purposes, as any fine or fines, recovery or recoveries whatsoever, would have had if levied or suffered by the bargainer or bargainers, or any person or persons seised of any estate in the premises in trust for such bargainer or bargainers, in any legal manner or form whatsoever.

XVI. Provided always, and be it further enacted, That where, by reason: of any disability or incapacity of the person or persons, or corporation, entitled to any lands, tenements, or hereditaments to be purchased under the authority of this act, the purchase money for the same shall be required to be paid into the court of chancery, and applied in the purchase of other lands, tenements, or hereditaments, to be settled to the like uses in pursuance of this act, it shall be lawful for the said court of chancery to order the expences of all purchases, from time to time to be made in pursuance of this act, or so much of such expence as the said court shall deem reasonable, to be paid by the said dock company, who shall from time to time pay such sums of money for such purposes as the said court shall direct. XVII. And be it further enacted, That all and every person and persons whomsoever, having or claiming any right, title, interest, use, property, claim, and demand whatsoever, whether in possession, reversion, remainder, or expectancy, into or out of any lands, tenements, or hereditaments, which by virtue and for the purposes of this act, shall be purchased by and conveyed, or mentioned or intended to be conveyed, to the said dock company, or any person or persons in trust for them, by any such bargain and sale as aforesaid, shall, within the space of five years, to be computed from the date of the enrolment of such bargain and sale, enter a memorial of such their right, title, interest, use, property, claim, and demand, in a book to be for that purpose prepared and kept by the town clerk of the said town, of Kingston-upon-Hull, which book the said town clerk is hereby required to prepare and keep accordingly, and for which entry he shall be entitled to such fee, and no other, as the register of the East Riding of the county of York is by law entitled to for the registry of a memorial containing the same number of words; and all and every person and persons whomsoever not entering such right, claim, and demand, within such time and in sucht manner as aforesaid, or having so entered the same, and not prosecuting such their right, claim, or demand with effect, within the space of five years, to be computed from the time of such entry, shall be for ever barred of all right, title, use, equity, property, claim, and demand whatsoever, whether in possession, reversion, remainder, or expectancy, into, upon, or out of the said premises, and every part thereof; and the said dock company, and those claiming by, from, or under them, shall be quieted in the possession of all such lands, tenements, hereditaments, and premises; any law, statute, usage, matter, or thing whatsoever to the contrary notwithstanding.

XVIII. Provided nevertheless, and be it further enacted, That any person or persons barred of any right, title, estate, interest, claim, or demand what soever, into or out of the said lands, tenements, or hereditaments, by virtue of this act, shall be at liberty to bring any action or actions of debt, or for money had and received to his, her, or their use, against any person or per

42 Geo. III.

c. 91. Va

applied towards their Proportion of making the of the Expences Dock, &c. Bargains and Sales to have the Force of Fines and Recoveries.

The Court of Chancery may order reasonable Expences of Purchases to be paid by the Dock Company.

Persons having any Right, &c. Claims within a limited Time, or be barred.

to enter their

But may recover the Purchase Money, &c. from Persons receiving the sime,, yo

sons, or the legal représentatives of any person or persons, who shall have received all or any part of the purchase money arising from such sale of the said lands, tenements, hereditaments, and premises aforesaid; and that inh every such case the respective plaintiffs, on proof of such title as would enable them to recover such lands, tenements, or hereditaments, or any part thereof, or any estate or interest in the same, shall recover the said purchase money, or so much thereof as shall be equivalent to the mense profits of the premises which they would have been entitled to recover in case this act bad not been made.'

XIX. And be it further enacted, That every tenant at will or lessee for a

year, or any other person or persons in possession of any such lands, tene

ments, hereditaments, and premises, or any part thereof, which shall be purchased by virtue of and for the purposes of this act, and who have no greater interest in the premises than as tenant at will, or as lessee for a year, or from year to year, shall deliver up the possession of such premises to the said dock company, or to such person or persons as the said dock company shall appoint to take possession of the same, upon having six calendar months notice to quit such possession from the said dock company, or the person or persons so authorised by them; and such person or persons in possession shall, at the end of the said six calendar months, or so soon after as he or they shall be required, peaceably and quietly deliver up the pos session of the said premises to the said dock company, or the person or persons authorised by the said dock company to take possession thereof; and that in case any such person or persons so in possession as aforesaid, shall refuse to give such possession as aforesaid, then it shall be lawful for any justice of the peace for the said town and county of the said town of Kingston-upon-Hull, to issue his precept or precepts to the sheriff of the said town and county, to deliver possession of the premises to such person or persons as shall in such precept or precepts be nominated to receive the same, and the said sheriff is hereby required to deliver such possession accordingly of the said premises, and to levy such costs as shall accrue from the issuing and execution of such precept or precepts, on the person or persons so refusing to give possession as aforesaid, by distress and sale of his, her, or their goods and chattels.

XX. And be it further enacted, That all and every person and persons who shall have any mortgage or mortgages on such lands, tenements, and hereditaments, not being in possession thereof by virtue of such mortgage or mortgages, shall, on the tender of the principal money and interest due thereon, together with the amount of six calendar months interest on the said principal money by the said dock company, or by such person or persons as they shall appoint, immediately convey, assign, and transfer such mortgage or mortgages to the said dock company, or to such person or persons as they the said dock company shall appoint; or in case such mortgagee or mortgagees shall have notice in writing from the said dock company, or such person or persons as they shall appoint, that they will pay off and discharge the principal money and interest which shall be due on the said mortgage or mortgages, at the end or expiration of six calendar months, to be computed from the day of giving such notice, that then at the end of the said six calendar months, on payment of the principal and interest so due, such mortgagee or mortgagees, shall convey, assign, and transfer his, her, or their interest in the premises to the said dock company, or such person or persons as shall be appointed in trust for them; and in case such mortgagee or mortgagees shall refuse to convey and assign as aforesaid, on such tender or payment, that then all interest on every such mortgage shall from thenceforth cease and determine: provided always, that in case the sum due upon any such mortgage or mortgages, with all interest due thereon, shall amount to more than the real value of the premises to be ascertained as directed by this act, then the said dock company shall not be liable to pay to the mort. gagee or mortgagees more than such real value of such premises so ascertained as aforesaid.

W

XXI. And be it further enacted, That upon payment of the principal money and interest due on any mortgage as aforesaid into the bank of England, at the end of six calendar months from the day of giving such notice as aforesaid, for the use of the mortgagees, the cashier or cashiers of "the bank shall give a receipt or receipts for the said money, in like manner

as is herein before directed in cases of other payments into the bank; and thereupon all the estate, right, title, interest, use, trust, property, claim, and demand of the said mortgagee or mortgagees, and of all and every person and persons in trust for him, her, or them, shall vest in the said dock com. pany, and they shall be deemed to be in the actual possession of the premises comprised in such mortgage or mortgages to all intents and purposes what

soever.

XXII. And be it further enacted, That all sums of money, or other consideration, recompence, or satisfaction, to be paid or made pursuant to any such agreement or verdict as aforesaid, or in discharge of any such mortgage, shall be paid or tendered to the party or parties entitled to the same, or paid into the bank of England as aforesaid, before the said dock company, or any person or persons authorised by them, shall proceed to use any lands, tenements, or hereditaments comprised in or affected by such agreement, verdict, or mortgage respectively, for any of the purposes of this act. XXIII. And be it further enacted, That any justice of the peace for the said riding shall have power, from time to time, to impose a reasonable fine not exceeding the sum of twenty pounds on such sheriff, or his deputy, bailiffs, or agents respectively, making default in the premises, and on any of the persons who shall be summoned and returned on any such jury or juries, or being so sworn shall not give his or their verdicts, and also on any person or persons who shall be summoned to give evidence touching any of the matters aforesaid, and shall not attend, unless for some sufficient excuse, or shall refuse to be sworn or to affirm, or who shall refuse to give his, her, or their evidence, and on any other person or persons who shall in any other manner wilfully neglect his, her, or their duty in the premises, contrary to the true intent and meaning of this act, and from time to time to levy such fine or fines, by order of the said justice respectively, by distress and sale of the offender's goods and chattels, together with the reasonable charges of every such distress and sale, returning the overplus (if any) on demand, to the owner or owners thereof; and that a copy of the order of the said justice, signed by the clerk of the peace for the said East Riding, or his deputy for the time being, shall respectively be sufficient authority to the person or persons therein to be appointed, and to every other person or persons acting, or aiding or assisting therein to make such distress and sale; and all such fines shall be paid to the said dock company, and be applied to the purposes of this act.

XXIV. And whereas besides the lands, tenements, and hereditaments to be purchased by the said dock company for the purposes last herein before mentioned, it may also be necessary for the said dock company to lay soil, rubbish, utensils, and materials upon other lands and tenements, and to erect conveniences thereon for workmen, or for other the purposes of this act, during the execution of the works hereby intended, and until the com. pletion thereof, and to leave the said soil thereon; be it therefore further enacted, That the said dock company, their agents, servants, workmen, and persons to be employed by them, shall and they are hereby empowered, by a warrant or warrants under the hand and seal of any justice of the peace for the East Riding of the county of York, who is hereby authorised and required to grant such warrant or warrants, upon application to him made by the said dock company, or any such person or persons as last mentioned, within ten days next after such application shall be made, to enter into and upon such lands and tenements as shall be necessary for those purposes, and to lay soil, rubbish, utensils, and materials upon, and to erect conveniences thereon for workmen, or for other the purposes of this act, during the time of carrying on the said works, and until the same shall be completed and finished, and to leave the said soil thereon, on payment or tender of payment by the said dock company, to the owners or occupiers respectively of such lands and tenements, of such sum or sums of money as shall be equivalent to and a full compensation for the injury, loss, damage, or inconvenience which such owners and occupiers may respectively sustain, be put unto, or experience by reason of such entry, or by the laying of soil, rubbish, utensils, and materials upon the said lands, or by erecting conveniences thereon for workmen, or in any wise relating to the use of the said lands and tenements by the said dock company, or the persons to be employed by them for the purposes aforesaid; and in case of any difference