Chelsea and Kilmainham Hospitals Act 1826

49 In case of disputed titles, the persons in possession to be deemed entitled. U.K.

Provided always, that where any question shall arise touching the title of any person to any money to be paid, [F1 into the [F2 Senior Courts ]], in pursuance of this Act, for the purchase of any lands, tenements, or hereditaments, or of any estate, right, or interest in an lands, tenements, or hereditaments, so purchased or to be purchased as foresaid, or to any [F1 securities] to be purchased with any such money, as to the dividends or interest of any such [F1 securities], the person or persons who shall have been in possession of such lands, tenements, or hereditaments at the time of such purchase, and all person claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such lands, tenements, or hereditaments, according to such possession, until the contrary shall be shewn to the satisfaction of [F3 the said courts]; and the dividends or interest of the [F1 securities] to be purchased with such money, and also the capital of such [F1 securities], shall be paid, applied, and disposed of accordingly, unless it shall be made appear to [F3 the said courts] that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such lands, tenements, or hereditaments, or to some estate or interest therein.

Textual Amendments

F1 Words substituted by Administration of Justice Act 1965 (c. 2), s. 18 Sch. 1

F2 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 7(2); S.I. 2009/1604, art. 2(d)

F3 Words in s. 49 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 7(3); S.I. 2009/1604, art. 2(d)