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Payment of compensation where interest is mortgaged.
[1931, s. 37; 1958, s. 16 (5)]
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62.—(1) Where compensation under this Part is payable and the interest in the premises of the person to whom the compensation is payable is subject to a mortgage or charge, the mortgage or charge shall extend and attach to the compensation.
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(2) Where a person by whom the compensation is payable has actual notice of a mortgage or charge which by virtue of this section or otherwise affects the compensation, he shall either—
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(a) with the consent of the person to whom the compensation is due, pay the compensation to the owner of the mortgage or charge, or
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(b) with the consent of that owner, pay the compensation to the person to whom it is due, or
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(c) where the owner and that person direct that the compensation shall be paid in a particular manner, pay it in that manner, or
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(d) where no such consent or direction is given, pay the compensation into Court.
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(3) Where the compensation is paid into Court the Court may, on the application of any person interested, make such order in regard to it as justice may require.
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