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Application of purchase money. 64. The Court shall, out of the purchase money to be received on any sale under this Act, where any sale has been made in any matter of a petition filed in the said Court, allow and pay such costs of and consequential on the application for the sale and the expenses of and incidental to the sale, according to the provisions contained in the twelfth section of the statute of the sixteenth and seventeenth of the reign of Her Majesty, chapter sixty-four; and the surplus of such purchase money, after payment of such costs and expenses, shall, under the order of the Court, be applied in or towards payment or satisfaction of the incumbrances or charges, if any, which affect such land, or part thereof, according to their priorities, and shall, subject as aforesaid, be paid to the owner where such owner was absolutely entitled thereto, or, where not so entitled, be laid out in the purchase of land, which shall be limited and settled to the same uses, upon the same trusts, for the same purposes, and in the same manner, as the land or part thereof sold stood settled or limited to, or such of them as shall be then subsisting or capable of taking effect; and until such money can be so laid out, it may, under such order as aforesaid, be transferred or paid over to the trustees to be appointed or approved by the Court for the purpose of being so laid out as aforesaid, with such power for the investment thereof in Government stocks, funds, or securities in the meantime, and such directions for the payment of the income of such investments in the manner in which the rents of the land to be purchased would be applicable, as the Court shall think fit: Provided always, that if by mistake or otherwise any purchase money shall, under the provisions aforesaid, have been paid to any person or persons as being the person or persons absolutely entitled thereto when he or they were not so entitled, such money shall be deemed to have been paid to him or them upon an express trust to invest the same in the purchase of lands to be settled to the uses and upon the trusts to and upon which the lands sold stood limited, settled, and assured at the time of the sale. S.65 rep. by 1978 c.23 s.122(2) sch.7 Pt.I
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