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Produce of newly-opened mines, where necessary for lunatic's maintenance, to be so applied; otherwise to be carried to separate account, and be considered real estate. 82. Where [the High Court] makes any such order as in and by the eightieth section is authorized to be made, by reason of its appearing to [it] to be necessary for the maintenance of the lunatic and such members of his immediate family as aforesaid, that the mine or quarry should be opened and worked, then the moneys arising thereby shall be applied in or towards such maintenance as aforesaid, in such manner as [the High Court], shall direct; but in such case the surplus thereof, and in every other case all the moneys so arising, shall be carried to a separate account, and may be applied for or towards all or any of the purposes for which moneys are herein-before authorized to be raised by sale of the lunatic's estate, or in such other manner for the lunatic's benefit as [the High Court] shall direct; and upon the lunatic's death the moneys remaining on the credit of such separate account shall, as between the representatives of his real and of his personal estate, be considered as real estate.
© 1871 Crown Copyright
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