sec.378Power to order deposit of mineral etc.

### sec.378 Power to order deposit of mineral etc. At any stage after proceedings, under this Act, before the Land Court have been commenced, the Land Court may, upon an application duly made by a party thereto and subject to such terms as to costs or otherwise as the Land Court thinks fit, direct a party to that proceeding having possession, custody or control of any money, mineral, chattel, ore or other thing or which may later come into the possession, custody or control of that party to deposit it in accordance with the order with such person at the place and upon the terms specified in the order to abide the determination of the proceeding or in the event of an appeal from that determination, the judgment on the appeal. An application referred to in subsection (1) is not duly made if the Land Court is not satisfied that the applicant has given at least 12 hours notice that the applicant proposes to make the application to— all parties to the proceeding who may wish to oppose the application; or such of the parties referred to in paragraph (a) as, in the opinion of the Land Court, are sufficiently representative of all those parties. Where an appeal is lodged against a determination of a proceeding determined by the Land Court, for the purposes of subsection (1) , that proceeding is not determined until judgment on the appeal. An order made under subsection (1) shall specify— the person with whom; and the place at which; and the time or times within which; and the terms upon which; any money, mineral, chattel, ore or other thing specified in the order must be deposited. s 378 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1 (sec.378-ssec.1) At any stage after proceedings, under this Act, before the Land Court have been commenced, the Land Court may, upon an application duly made by a party thereto and subject to such terms as to costs or otherwise as the Land Court thinks fit, direct a party to that proceeding having possession, custody or control of any money, mineral, chattel, ore or other thing or which may later come into the possession, custody or control of that party to deposit it in accordance with the order with such person at the place and upon the terms specified in the order to abide the determination of the proceeding or in the event of an appeal from that determination, the judgment on the appeal. (sec.378-ssec.2) An application referred to in subsection (1) is not duly made if the Land Court is not satisfied that the applicant has given at least 12 hours notice that the applicant proposes to make the application to— all parties to the proceeding who may wish to oppose the application; or such of the parties referred to in paragraph (a) as, in the opinion of the Land Court, are sufficiently representative of all those parties. (sec.378-ssec.3) Where an appeal is lodged against a determination of a proceeding determined by the Land Court, for the purposes of subsection (1) , that proceeding is not determined until judgment on the appeal. (sec.378-ssec.4) An order made under subsection (1) shall specify— the person with whom; and the place at which; and the time or times within which; and the terms upon which; any money, mineral, chattel, ore or other thing specified in the order must be deposited. - (a) all parties to the proceeding who may wish to oppose the application; or - (b) such of the parties referred to in paragraph (a) as, in the opinion of the Land Court, are sufficiently representative of all those parties. - (a) the person with whom; and - (b) the place at which; and - (c) the time or times within which; and - (d) the terms upon which;