15Moneys erroneously paid in relation to timber

15 Moneys erroneously paid in relation to timber

[Section 15 Amended by 25 Geo. V No. 78 ]

(1)  Where on a sale the consideration attributable to any timber or fixtures is by mistake paid to a tenant for life or other person not entitled to receive it, then, if such person or the purchaser or the persons deriving title under either of them subsequently pay the aforesaid consideration, with such interest, if any, thereon as the Court may direct, to the trustees of the settlement or other persons entitled thereto or into Court, the Court may, on the application of the purchaser or the persons deriving title under him, declare that the disposition is to take effect as if the whole of the consideration had, at the date thereof, been duly paid to the trustees of the settlement or other persons entitled to receive the same.

(2)  The person not entitled to receive the same, to whom the consideration is paid, and his estate and effects, shall remain liable to make good any loss attributable to the mistake.