CAP. 97. 23 & 24 Vior. for the Purposes of the Special Act; and as to the Land not so required, and as against the Lessee, the Lessor shall have the same Rights and Remedies for the Recovery of such Portion of Rent as previously to such Apportionment he had for the Recovery of the whole Rent reserved by such Lease; and all the Covenants, Conditions, and Agreements of such Lease, except as to the Amount of Rent to be paid, shall remain in force with regard to that Part of the Land which shall not be required for the Purposes of the Special Act, in the same Manner as they would have done in case such Part only had been included in the Lease. Costs in case of traverse. [Amended by 31 & 32 VII. In case upon the Trial of any Traverse under the Provisions of the said Act it shall appear that the Sum awarded to the Traverser by the Jury shall be less than Vict., c. 70.] the Sum awarded by the Arbitrator, it shall be lawful for the Judge, if he shall think fit, to adjudge that such Traverser is not entitled to any Costs of such Traverse, or that the Company is entitled to Costs not exceeding the Sum of Ten Pounds against such Traverser; and such Adjudication of such Judge shall be entered in the Crown Book, and such Costs so awarded shall be deducted from the Purchase or Compensation Money payable by the Company to such Traverser, or shall be recovered from him by Distress in like Manner as is provided by the Fifty-third Section of "The Lands Clauses Consolidation Act, 1845," with respect to Costs payable to Promoters, Acts to be as one act and to be perpetual. Short title. VIII. "The Railways Act (Ireland), 1851,” as amended by this Act, and this Act, shall be read together as One Act, and shall be made perpetual, and this Act shall be held to be incorporated with that Act in any Act already or hereafter incorporating that Act. IX. This Act may be cited as "The Railways Act (Ireland), 1860." 23 & 24 Vict. cap. 106. An Act to amend the Lands Clauses Consolidation Act (1845) in regard to Sales and Compensation for Land by way of a Rentcharge, Annual Feu Duty or Ground Annual, and to enable Her Majesty's Principal Secretary of State for the War Department to avail himself of the Powers and Provisions contained in the same Acts. [20th August, 1860.] WHEREAS it is expedient to extend the Provisions of the 8 & 9 Vict. Lands Clauses Consolidation Acts, 1845, in regard to c. 18. Sales of Land or Compensation for Damages, in consideration of an annual Rentcharge, Annual Feu Duty or Ground Annual, and to enable Her Majesty's Principal Secretary of State for the War Department to avail himself of the Powers and Provisions contained in the same Act for the Purchase of Lands wanted for the Service of the War Department or for the Defence of the Realm: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the Authority of the same, as follows: recited ac I. So much of the Tenth Section of the Lands Clauses Part of Consolidation Act, 1845, as provides that, save in the sect. 10 of Case of Lands of which any Person is seised in fee or repealed. entitled to dispose absolutely for their own Benefit, the Consideration to be paid for any Lands, or for any Damage done thereto, shall be in a gross Sum, is hereby repealed. act as to rent-charge, II. The Power to sell and convey Lands in considera Sects. 10 & tion of an annual Rentcharge provided by the Tenth 11 of recited Section of the said Act, and the Power to recover such power to seil Rentcharge provided by the Eleventh Section of the said &c. lands Act, are hereby extended to all Cases of Sale and for an annat Purchase or Compensation under the said Act where the and to Parties interested in such Sale, or entitled to such Com pensation, are under any Disability or Incapacity, and have no Power to sell or convey such Lands, or to receive such Compensation, except under the Provisions of the recover ex tended to all sales, &c. 23 & 24 VICT CAP. 106. III. The Power to sell and convey Lands in consideration of an Annual Feu Duty or Ground Annual, under the Tenth Section of the Lands Clauses Consolidation proviso with (Scotland) Act, 1845, and the Power to recover such Similar regard to lands sold under sect. 10 of 8 & 9 Vict. c. 19. Amount of rentcharge to be settled in maner directed in the 9th sec tich of recited acts. If lands way of rent charge. borrowing powers to be reduced pro Annual Feu Duty or Ground Annual, are hereby extended to all Cases of Sale or Purchase or Compensation under the said Act, where the Parties interested in such Sale are under any Disability or Incapacity, and have no Power to sell or convey such Lands, or to receive such Compensation, except under the Provisions of the said Act. IV. In every Case of such Sale or Compensation by any Parties other than Parties seised in fee or entitled to dispose absolutely of the Lands so sold or damaged, the Amount of such Rentcharge, Annual Feu Duty or Ground Annual, herein-before mentioned, shall be settled in the Manner directed in the Ninth Section of each of the said Acts respectively: Provided that the Amount of such annual Rentcharge, Annual Feu Duty or Ground Annual, shall in no case be less than One Fourth Part greater than the net annual Rent received by the parties beneficially interested in such Lands, upon an Average of the last Seven Years; and that a Charge of Five per Cent. on the gross Sum estimated or fixed as aforesaid, by way of Compensation for any Damage that may be done to the said Lands, shall in all such Cases be added to and shall form a Part of the said Rentcharge, Annual Feu Duty or Ground Annual; and that no Fine, Foregift, Grassum, Premium, or other Consideration in the Nature thereof, shall be paid or taken in respect of the Lands so sold or damaged, other than the annual Rentcharge, Annual Feu Duty or Ground Annual, made payable for such Lands: Provided also, that such Rentcharge shall be and remain upon and for the same Uses, Trusts, and Purposes as those upon which the Rents and Profits of the Land so conveyed stood settled or assured at or immediately before the Conveyance thereof, and shall be a First Charge on the Tolls and Rates, if any, payable under the special Act. V. In case the Promoters of the Undertaking shall be purchased by empowered, by any Act or Acts relating thereto, to be passed after the passing of this Act, to borrow Money to an Amount not exceeding a prescribed Sum, then in the event of the Promoters of the Undertaking agreeing at portionally. any Time after the passing of this Act with any Person, under the Powers of this Act and of either of the Acta herein-before mentioned, or of either of the said Acts, only, CAP. 106. Payment of a Rentcharge, Annual Feu Duty or Ground 23 & 24 VIOT. Annual, the Powers of the Promoters of the Undertaking for borrowing Money shall be reduced by an Amount equal to Twenty Years Purchase of any Rentcharge, Annual Feu Duty or Ground Annual, so for the Time being payable. & 9 Vict. c. of land, &c. VI. The Clauses contained in "The Lands Clauses Certain Consolidation Act (1845)," relating to the Purchase of clauses in 8 Lands by Agreement, and to Agreements for Sale and 18, extended Conveyances, Sales, and Releases of any Lands or Here to purchases ditaments, or any Estate or Interest therein, by Parties for public under Disability, shall extend and be applicable to all purposes. Purchases of Land and Hereditaments for public Purposes which shall be hereafter made by the Council of any City or Borough, with the Sanction of the Commissioners of Her Majesty's Treasury, under the Powers for that purpose contained in "The Municipal Corporation Mortgages, &c. Act, (1860)." war to use undertak 19. VII. For the Purchase or Acquisition of any Messuages, Power to Lands, Tenements, and Hereditaments wanted for the secretary for Service of the Admiralty or of the War Department or the powers for the Defence of the Realm, it shall be lawful for Her given to Majesty's Principal Secretary of State for the War De- promoters of partment for the Time being to use all or any of the ings by 8 & Powers and Provisions by the Lands Clauses Consolida- 9 Vict. ec. 18, tion Act, 1845, and by the Lands Clauses Consolidation (Scotland) Act, 1845, given to Promoters of the Undertaking, as therein mentioned, and for such Pur poses the said Principal Secretary shall be deemed and taken to be the Promoters of an Undertaking within the Meaning of the said Act, and all the Powers and Provisions thereof shall, if used by Her Majesty's Principal Secretary of State for the War Department, be treated as if they were contained in the Fifth and Sixth Victoria, Chapter Ninety-four, for the Purpose of being used and made available by the Principal Officers of Her Majesty's Ordnance, and had been transferred to the said Principal Secretary for the Time being by the Eighteenth and Nineteenth Victoria, Chapter One hundred and seventeen, for the Purposes aforesaid: Provided always, that nothing herein contained shall authorize any Purchase otherwise than by Agreement of any Land, except according to the Provisions of the Twenty-third Section of the said Act of the Fifth and Sixth Victoria, or prejudice or affect the Powers and Authorities of the said Principal Secretary for the Time being under the said last-mentioned Statutes, ur either of them. This act VIII. This Act shall be read and construed as Part of and 9 & the said Lands Clauses Consolidation Act, 1845, or of the CAP. 106. 23 & 24 Vicr. Lands Clauses Consolidation (Scotland) Act, 1845, in all Matters in which it relates to the said Acts respectively; and in citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expres sion of "The Lands Clauses Consolidation Acts Amendment Act, 1860." Vict. cc. 18, and 19, to be construed together. |