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Conveyancing and Law of Property Act 1881

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This is the original version (as it was originally enacted).

69Regulations respecting payments into court and applications

(1)All matters within the jurisdiction of the Court under this Act shall, subject to the Acts regulating the Court, be assigned to the Chancery Division of the Court.

(2)Payment of money into Court shall effectually exonerate therefrom the person making the payment.

(3)Every application to the Court shall, except where it is otherwise expressed, be by summons at Chambers.

(4)On an application by a purchaser notice shall be served in the first instance on the vendor.

(5)On an application by a vendor notice shall be served in the first instance on the purchaser.

(6)On any application notice shall be served on such persons, if any, as the Court thinks fit.

(7)The Court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges, or expenses of all or any of the parties to any application.

(8)General Rules for purposes of this Act shall be deemed Rules of Court within section seventeen of the [39 & 40 Vict. c. 59. s. 17.] Appellate Jurisdiction Act, 1876, and may be made accordingly.

(9)The powers of the Court may, as regards land in the County Palatine of Lancaster, be exercised also by the Court of Chancery of the County Palatine; and Rules for regulating proceedings in that Court shall be from time to time made by the Chancellor of the Duchy of Lancaster, with the advice and consent of a Judge of the High Court acting in the Chancery Division, and of the Vice-Chancellor of the County Palatine.

(10)General Rules, and Rules of the Court of Chancery of the County Palatine, under this Act may be made at any time after the passing of this Act, to take effect on or after the commencement of this Act.

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