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Judicature (Northern Ireland) Act 1978

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This is the original version (as it was originally enacted).

[1845 c. 18.] The Lands Clauses Consolidation Act 1845

At the end of section 3 add the following definition—

  • ' Supreme Court ' shall mean the Supreme Court of Judicature of Northern Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Northern Ireland..

Section 9 shall, in the case of purchase money or compensation for, or compensation for damage or injury to, lands in Northern Ireland, have effect with the insertion after the words " deposited in the Bank ". of the words " or the Supreme Court ".

Section 69 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words from " be paid into the Bank " to " the said courts " of the words " be paid into the Supreme Court ".

Section 70 shall, in the case of money paid into the Supreme Court, have effect with the substitution for the words from " and until the money " to " annual proceeds thereof paid " of the words " and if, before it is so applied, it is dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978, the annual proceeds thereof shall be paid ".

Section 71 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words " into the Bank " where they twice occur of the words " into the Supreme Court ".

Section 73 shall, in the case of money payable in respect of the taking, using or interfering with lands in Northern Ireland, have effect with the substitution for the words " into the Bank " where they twice occur of the words " into the Supreme Court ".

Section 76 shall, in the case of, or of an interest in, lands in Northern Ireland that have, or has, been purchased or taken, have effect with the substitution for the words from " to deposit the purchase money " to the end of the words " to pay into the Supreme Court the purchase money or compensation payable in respect of such lands ".

Section 78 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, lands in Northern Ireland, have effect as if, after the word " so" (in both places where it occurs) there were inserted the words " paid or " and as if for the words from " order such money " to " thereof " (where it last occurs) there were substituted the words " order distribution of the money according to the respective estates, titles or interests of the parties making claim to such money or lands, or any part thereof, and if, before the money is distributed, it is dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978 payment likewise of the dividends thereof ".

Section 84 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " deposited in the Bank " of the words " paid into the Supreme Court ".

Section 85 shall, in the case of lands in Northern Ireland have effect as if for the words " to deposit in the Bank ", the words " so to be deposited", the words "for deposit in the Bank", the words " deposited in the Bank " and the words " such deposit" there were respectively substituted the words " to pay into the Supreme Court " , the words " so to be paid ", the words " for payment into the Supreme Court", the words " paid into the Supreme Court" and the words " such payment ".

The Act shall, in its application to Northern Ireland, have effect with the substitution for sections 86, 87 and 88 of the following section:—

86Application of Funds in Court.

Money paid under section 85 of this Act into the Supreme Court shall remain there by way of security to the parties whose lands shall so have been entered upon for the performance of the condition of the bond to be given by the promoters of the undertaking, as hereinbefore mentioned, and, if dealt with under section 81 or 82 of the Judicature (Northern Ireland) Act 1978 shall be accumulated; and upon the condition of such bond being fully performed the High Court may, on the application of the promoters, order it, or the proceeds of the securities in which it has been invested, together with the accumulation thereof, to be paid 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 have been paid.

Section 89 shall, in the case of lands in Northern Ireland, have effect as if for the words " deposited the same in the Bank " there were substitued the words " paid the same into the Supreme Court ".

Section 99 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " and upon payment or deposit in the Bank of the compensation so determined " of the words " and upon payment of the compensation so determined either to the persons entitled thereto or into the Supreme Court ".

Section 100 shall, in the case of lands in Northern Ireland, have effect with the substitution for the words " on deposit thereof in the Bank " of the words " on payment thereof into the Supreme Court", with the substitution for the words " deposited as aforesaid " of the words "paid into the Supreme Court as aforesaid" and with the substitution for the words from " by payment " to the end of the words " by payment, as hereinafter provided, of compensation for the same either to the persons entitled thereto or into the Supreme Court ".

Section 107 shall, in the case of lands in Northern Ireland over which commonable or other rights subsist, have effect with the substitution for the words " deposit in the Bank in the manner provided in the like case " of the words " payment into the Supreme Court " with the omission of the words " or deposited " and with the substitution for the words " so deposited " of the words "so paid into the Supreme Court ".

Section 109 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words " to deposit in the bank, in the manner provided by this Act in like cases " of the words " to pay into the Supreme Court ".

Section 111 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words from " to deposit " to " every such payment or deposit" of the words " to pay into the Supreme Court the amount of such value or compensation ; and the making of payment to the mortgagee or into the Supreme Court" and for the words " by such payment or deposit" of the words " by payment to the mortgagee or into the Supreme Court ".

Section 113 shall, in the case of lands in Northern Ireland subject to a mortgage, have effect with the substitution for the words from " to pay the amount " to " such payment or deposit" of the words " to pay into the Supreme Court the amount of such value or compensation ; and the making of payment to the mortgagee or into the Supreme Court ".

Section 117 shall, in the case of lands in Northern Ireland charged with payments or incumbrances not otherwise provided for in the Act, have effect with the substitution for the words from " to deposit " to " like cases ", of the words " to pay into the Supreme Court the amount of the compensation ".

In Schedule A as it applies to the conveyance of land, or an interest in land, in Northern Ireland, for the words from " Bank " where first occurring to " Chancery" substitute the words " the Supreme Court ".

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