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Middlesex

the Purpose of giving Jurisdiction to the Sheriffs of London in relation to such Trials and Inquiries, and for the summoning of Jurors, and for all other Purposes of or incidental to any such Trials or Inquiries, be deemed to be situate in the County of the City of London. 21. Her Majesty may by Order in Council from Time to Time direct that all or any Power to try Issues or Inquiries in Cases at Nisi Prius which would otherwise be tried and executed Causes in the within the County of Middlesex shall for ever thereafter, or for a Time to be specified in new Courts. such Order, be tried and executed at the Courts authorized to be erected by this Act; and in the event of such Order being made the said Courts shall, for the Purpose of giving Jurisdiction to the Sheriff of Middlesex in relation to such Trials and Inquiries, and for the summoning of Jurors, and for all other Purposes of or incidental to any such Trials or Inquiries, be deemed to be situate in the County of Middlesex.

6

Transfer of Property now used for Offices.

22. Whereas the legal Business hitherto carried on in the Buildings situate in or near Discontinuance Southampton Buildings, known as the "Masters Offices," and erected in pursuance of the of existing "Act of the Session of the Thirty-second Year of King George the Third, Chapter Forty- Offices.

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two, is intended to be transacted in the Courts, Offices, and Premises authorized to be

erected under this Act; and it is expedient that such Masters Offices should be appropriated in manner herein-after mentioned for public Purposes:' Be it enacted, That all the Buildings erected as aforesaid, with the Sites thereof, and all the Lands and Hereditaments, if any, purchased or acquired in pursuance of the said Act of the Thirtysecond Year of King George the Third, with all their actual and reputed Appurtenances, shall on the passing of this Act vest in the Commissioners of Her Majesty's Works and Public Buildings as incorporated by the Act of the Session of the Fifteenth and Sixteenth Year of the Reign of Her present Majesty, Chapter Twenty-eight, to be held by them for the Purposes of the last-mentioned Act, discharged from all subsisting Trusts declared with respect thereto Provided that the said Commissioners shall not take possession of any Part or Parts of the said Buildings that may be occupied for legal Purposes until the Lord Chancellor certifies that in his Opinion such Part or Parts is or are no longer required by the Persons so occupying the same.

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Courts and

chase Six

23. And whereas by virtue of Two Statutes (Local and Personal) passed in the Society of Fifteenth Year of the Reign of King George the Third, Chapters Twenty-two and Fifty- Lincoln's Inn six, Land being Part of the Garden of the Honourable Society of Lincoln's Inn was sold may repr by the said Society for the Purpose of building thereon the Six Clerks and Registrars Clerks and ReOffices, and the same are now used as the Offices of the Accountant General and Regis- gistrars Offices. trars in Chancery, and of the Clerks of Records and Writs, and of the Clerk of Enrolments

in Chancery, and the same are now under the said Two Acts, and under the Statute passed in the Sixth Year of the Reign of Victoria, Chapter One hundred and three, Section Twenty-nine, vested in the Accountant General of the Court of Chancery and his Successors, but subject to a Provision that the Buildings shall be used for the Purposes of the aforesaid Offices, and for no other Purpose:

And whereas under an Act (Local and Personal) passed in the Fifty-sixth Year of the Reign of King George the Third, Chapter Eighty-four, a Court for the Sittings of the • Vice-Chancellor of England was erected in Lincoln's Inn, and vested in the said Society for the public Purposes by the said Act directed, and for no other Purposes:

And whereas the said Society have since the Year One thousand eight hundred and forty expended out of their own Funds divers Sums in the Erection and fitting up of Courts for the Use of the Judges of the said Court of Chancery, and otherwise for the Benefit of the said Court:

And whereas, after the said new Buildings shall have been erected and commenced to be used, the said several Offices and Courts will no longer be applicable to the Purposes for which the same were erected or fitted up, and it is necessary that Provision should be made by Parliament respecting the same; and as the said Honourable Society of Lincoln's • Inn will cease to have the Benefit of the Business of the said Courts being carried on 'within the Precincts of their said Inn, it is just and expedient that the said Society should be repaid the Amount of their aforesaid Outlays:' Be it enacted, That it shall be lawful Hh 2 for

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for the said Society to repurchase and become repossessed of the said Land sold by them for the said Six Clerks and Registrars Offices in Chancery, upon their repaying the Purchase Monies received by them for the said Land; and further, that the said Society shall be entitled, if they so elect, to become possessed of the Erections and Buildings thereon, upon paying for the same at a Valuation as old Building Materials; and further, that the Trusts declared by the said Statute, Fifty-six George the Third, Chapter Eighty-four, shall be discharged, and the said Court erected under the said Statute for the Vice-Chancellor of England shall become to all Intents and Purposes the exclusive Property of the said Society, without their making any Payment for the same or the Materials thereof; and further, that the said Society shall be repaid the said Principal Sums they have from Time to Time since the Year One thousand eight hundred and forty expended out of their Funds for the Use of the said Court of Chancery; and that it shall be lawful for the said Lord Chancellor to adjust and settle an Account with the said Society upon the Basis of this Enactment, and to order that the Balance of such Account shall be paid into or out of the Suitors Fee Fund of the Court of Chancery, as the Case may be; and upon Payment of the said Balance to or by the said Society, as the Case may be, the Lord Chancellor shall make an Order that the said Land and Buildings do vest in the Trustees for the Time being of the Real Estates of the said Society, and the same shall thereupon be vested accordingly, discharged from all Trusts, Restrictions, and Regulations declared, imposed, or enjoined by the said Two Statutes, Fifteenth George the Third, Chapters Twenty-two and Fifty-six, and Sixth Victoria, Chapter One hundred and three, or any or either of them; but this Enactment is not to come into force or to take any Effect until after the Lord Chancellor shall certify under his Hand to the Treasury that the Business hitherto conducted in the said Buildings and Courts, or any Part thereof, has been transferred to the Buildings authorized to be erected under "The Courts of Justice Concentration (Site) Act, 1865," and such Certificate shall have been filed in the Report Office of the Court of Chancery; and the Option of repurchasing the said Sites, and purchasing the said Erections and Buildings respectively, may be exercised by the said Society at any Time within Two Years after Notice to the Treasurer of the said Society of the filing of such Certificate.

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CA P. XLIX.

An Act to enable the Commissioners of Her Majesty's Works and Public
Buildings to acquire a Site for the Erection and Concentration of Courts of
Justice, and of the various Offices belonging to the same. [19th June 1865.]
WHEREAS a Commission was issued in the Year One thousand eight hundred and

fifty-eight, under the Sign Manual of Her Majesty, for the Purpose of inquiring
into the Expediency of bringing together into One Place or Neighbourhood all the
Superior Courts of Law and Equity, the Probate and Divorce Courts, and the Court of
Admiralty, and the various Offices belonging to the same, and into the Means which
'existed or might be supplied for providing a Site or Sites, and for erecting suitable
Buildings for carrying out the above Objects: And whereas the said Commission have
reported to Her Majesty, that the Concentration of such Courts is expedient, and have
recommended as a Site for the said Courts and Offices certain Houses, Buildings, and
• Lands situate in the Parish of Saint Clement Danes and the Liberty of the Rolls in the
'County of Middlesex, and the Parish of Saint Dunstan in the West in the City of London,
but such Houses, Buildings, and Lands cannot be acquired without the Authority of
• Parliament: And whereas Duplicate Plans, describing the Situation of the said Houses,
Buildings, and Lands, herein-after referred to as the prescribed Lands, with a Book of
Reference thereto, containing the Names of the Owners and Lessees, or reputed Owners
and Lessees, and of the Occupiers thereof, have been deposited with the Clerk of the
Peace for the County of Middlesex at his Office at the Sessions House, Clerkenwell, and
⚫ with

'with the Clerk of the Peace for the City of London at his Office at the Sessions House in 'the Old Bailey, and it is expedient that Powers should be given to the Commissioners of Her Majesty's Works and Public Buildings to purchase such Lands, and to provide Accommodation for the said Courts and Offices or some of them:' 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 Parliament assembled, and by the Authority of the same, as follows:

Preliminary.

1. This Act may be cited for all Purposes as "The Courts of Justice Concentration (Site) Short Title. Act, 1865."

Incorporation of Commissioners.

sioners of

2. The Commissioners of Her Majesty's Works and Public Buildings for the Time being, Incorporation herein-after referred to as "the Commissioners," shall be incorporated for the Purposes of of Commisthis Act by the Name and Style of "The Commissioners of Her Majesty's Works and works for Public Buildings," and by that Name shall have perpetual Succession and a Common Seal, Purposes of to be by them from Time to Time altered as they think fit, with Power to hold Lands for Act. the Purposes and subject to the Provisions of this Act.

Acquisition of Site.

Act.

3. The Purposes of this Act are the Acquisition of a convenient Site for the Accommo- Description of dation of the Superior Courts of Law and Equity or some of them, the Probate and Divorce Purposes of Courts, and the Courts of Admiralty, and the various Offices connected with them, and of such other Courts for the Administration of Justice, and Offices connected therewith, or used for any other Purpose of legal Administration, as may from Time to Time be prescribed by the Commissioners of Her Majesty's Treasury, and the providing of convenient Means of Access to the said Courts and Offices.

4. The Commissioners may, out of any Monies placed at their Disposal for that Object, purchase, take, and use for the Purposes of this Act all or any of the prescribed Lands.

Power to Com-
missioners to
purchase
Lands.
Lands to

5. All Lands purchased by the Commissioners in pursuance of this Act, which were at the Time of such Purchase subject to Land Tax, to Poor or other Rates, shall continue continue liable thereto, but they shall not be assessed to any Tax or Rate on a higher rateable Value subject to Land than that on which they were assessed on the First Day of January One thousand eight Tax and Rates. hundred and sixty-five.

6. The Commissioners, their Surveyors, Officers, and Workmen, may at all reasonable Power to ComTimes in the Daytime, upon giving Twenty-four Hours previous Notice in Writing, enter missioners to into and upon any of the prescribed Lands for the Purpose of surveying or valuing the

same.

enter on Lands.

c. 18. and

23 & 24 Vict. c. 106. incorporated.

7. "The Lands Clauses Consolidation Act, 1845," and the Act amending the same 8 & 9 Vict. passed in the Session of the Twenty-third and Twenty-fourth Years of Her present Majesty, Chapter One hundred and six, shall be incorporated with this Act, with the Exceptions and Additions and subject to the Provisions herein-after contained; (that is to say,) (1.) There shall not be incorporated with this Act the Sections and Provisions of the "Lands Clauses Consolidation Act, 1845," herein-after mentioned, that is to say, Section Sixteen, whereby it is provided that the Capital is to be subscribed before the compulsory Powers are to be put in force; Section Seventeen, whereby it is provided that the Certificate of the Justices shall be Evidence that the Capital has been subscribed; or the Provisions relating to affording Access to the Special Act: (2.) In the Construction of this Act and the said incorporated Acts this Act shall be deemed to be "the Special Act," and the Commissioners shall be deemed to be "the Promoters of the Undertaking:"

(3.) The Bond required by Section 85 of the Lands Clauses Consolidation Act shall be under the Common Seal of the Commissioners, and shall be sufficient without the Addition of the Sureties in the said Section mentioned:

(4.) The

Questions of disputed Com

pensation in London to be heard in the

(4.) The Term "Sheriff" used in the Provisions of the "Lands Clauses Consolidation Act, 1845," relating to the Reference to a Jury, shall, as regards any Part of the prescribed Lands within the City and Liberty of Westminster, be deemed to apply to the High Bailiff of the City and Liberty of Westminster or his Deputy. 8. In every Case in which any Question of disputed Compensation may be required to be determined by the Verdict of a Jury, in the City of London or the Liberties thereof, the Jury shall be required to appear before the Court of the Lord Mayor and Aldermen of the City of London to be holden in the outer Chamber of the Guildhall of the said City Lord Mayor's according to the Custom of the said City, at a Time to be appointed by the said Court; and all the Directions and Provisions contained in "The Lands Clauses Consolidation Act, 1845," in respect to the Settlement of Questions of disputed Compensation by Juries appearing before the Sheriff, Coroner, or other Person, shall extend and be applied with respect to the Settlement of any such Question of disputed Compensation under this Act by Juries appearing before the said Court of Mayor and Aldermen as aforesaid; and the said Court shall give Judgment for the Purchase Money or Compensation assessed by such Jury; and a Verdict and Judgment shall be signed by the Registrar of the said Court of Mayor and Aldermen, and entered among the Records of the said Court, and the said Registrar shall settle the Costs of every such Inquiry.

Court.

Extinction of

and other Easements.

9. Upon the Purchase by the Commissioners of the prescribed Lands or any Part Rights of Way thereof, all Rights of Way, Rights of laying down or of continuing any Pipes, Sewers, or Drains, on, through, or under such Lands or Part thereof, and all other Rights or Easements in or relating to such Land or Part thereof, shall be extinguished, and all the Soil of such Ways, and the Property in the Pipes, Sewers, or Drains, shall vest in the Commissioners, subject to this Provision, that all Persons and Bodies of Persons, corporate or unincorporate, may recover from the Commissioners such Compensation, if any, as they may be entitled to under the Provisions of "The Lands Clauses Consolidation Act, 1845," for any Rights or Property of which they may be deprived in pursuance of this Section, the Amount of such Compensation to be determined in manner provided by the said Lands Clauses Consolidation Act, 1845.

Commissioners to pay to Incumbents

annual Sums for Loss of Fees, &c.

Compensation

10. The Commissioners shall pay an annual Sum to each of the Persons herein-after mentioned; that is to say,

The Rector of Saint Clement Danes in the City of Westminster;

The Perpetual Curate of Saint Thomas, Liberty of the Rolls, in the County of Middlesex;
The Rector of the Parish of Saint Dunstan in the West in the City of London,

by way of Compensation for the Loss of all such Easter Dues, Oblations, Surplice Fees, or
other customary Payments that may be taken away in consequence of carrying into effect
the Purposes of this Act. Such Payments shall be made half-yearly on the First Day of
January and the First Day of July in each Year. The Amount payable to each such Person
shall be calculated on an Average of the Amount received by him in respect of the said
customary Payments on an Average of the Three Years immediately preceding the passing
of this Act, and in the event of Difference shall be definitively settled by an Arbitrator
appointed by Her Majesty's Attorney General for the Time being.

The first of the above-mentioned half-yearly Payments shall be made on the First Day of July One thousand eight hundred and sixty-seven.

11. Nothing in this Act contained shall prejudice the Right of any Rector or other for Tithes or Ecclesiastical Person to any Tithe, or Rentcharge in lieu thereof, charged upon or payable Rentcharges to be paid by out of any Lands purchased by the Commissioners in pursuance of this Act, and the Commissioners. said Commissioners shall from Time to Time pay the said Tithe or Rentcharge, when the same shall become due, out of any Monies that may be in their Hands applicable thereto.

As to Claims for Compensation by

12. All Claims for Compensation made upon the Commissioners under the Provisions of this Act or any Act incorporated herewith shall, if the Person claiming to be entitled yearly Tenants. to Compensation has no greater Interest than as Tenant for a Year or from Year to Year in the Lands in respect of which the Compensation is claimed, be determined in

manner

manner provided by the One hundred and twenty-first Section of "The Lands Clauses Consolidation Act, 1845."

13. The Limit for the compulsory Purchase of Lands under this Act shall be Five Limits for comYears.

for Accesses to

pulsory Purchases. 14. The Commissioners may, for the Purpose of improving the Approaches, or of providing Power to purconvenient Roads, Bridges over, or Tunnels under Streets, or other Modes of Access to the chase Lands proposed Courts of Justice and the Offices connected therewith, acquire by Purchase or Courts and otherwise any Lands or Interest in Lands or Easements, and for the Purposes of such Offices by Acquisition the said Lands Clauses Consolidation Act shall be deemed to apply, with the Agreement. Exception of so much thereof as relates to the Purchase of Lands otherwise than by Agreement.

to execute

15. The Commissioners may pull down and remove any Buildings on the prescribed Powers to Lands, and may construct thereon such Buildings and Works, and do all such other Things, Commissioners as may in their Opinion be necessary or expedient in order to carry into effect the Purposes Works. of this Act or any of them.

16. Where any Works to be done under or by virtue of this Act shall or may pass over, For Protection under, or by the Side of or so as to interfere with any Main Sewer under the Jurisdiction of Sewers of Metropolitan or Control of the Metropolitan Board of Works, the Commissioners shall not commence of such Work until they shall have given to the said Metropolitan Board Fourteen Days Works. previous Notice in Writing of their Intention to commence the same, by leaving such Notice at the principal Office of such Board, with a Plan and Section showing the Course and Inclination thereof, and other necessary Particulars relating thereto, and until such Board shall have signified their Approval of the same, unless such Board do not signify their Approval, Disapproval, or other Directions within Fourteen Days after Service of the said Plans, Sections, and Particulars as aforesaid; and the Commissioners shail comply with and conform to all Orders, Directions, and Regulations of the said Metropolitan Board in the Execution of the said Works, and shall provide, by new, altered, or substituted Works, in such Manner as such Board may deem necessary, for the proper Protection of and for preventing Injury or Impediment to the Main Sewers herein-before referred to, by or by reason of the said intended Works or any Part thereof, and shall save harmless the said Metropolitan Board against any Expense to be occasioned thereby; and all such last-mentioned Works shall be done by or under the Direction, Superintendence, and Control of the Engineer or other Officer or Officers of the said Metropolitan Board, at the Expense in all respects of the Commissioners; and all Expenses which the said Metropolitan Board may be put to by reason of the Works of the Commissioners, whether in the Execution of Works, the Preparation or Examination of Plans or Designs, Superintendence, or otherwise, shall be paid to such Board by the Commissioners; and when any new, altered, or substituted Works as aforesaid, or any Works connected therewith, shall be completed, by or at the Expense of the Commissioners, under the Provisions of this Act, the same shall thereafter be as fully and completely under the Direction, Jurisdiction, and Control of the said Metropolitan Board as any Sewers or Works now are or hereafter may be; and nothing in this Act shall extend to prejudice, diminish, alter, or take away any of the Rights, Powers, or Authorities of the said Metropolitan Board, but all such Rights, Powers, and Authorities shall be as valid and effectual as if this Act had not been passed; provided that no Renewal or Alteration, other than a Change of Site of existing Works, shall be deemed new Works under this Act; and if the Commissioners shall complain of any withholding of Consent on the Part of the said Board, or of any Orders and Directions and Regulations, or of any Charges sought to be imposed by such Board upon the Commissioners, in the Execution of any such Works, it shall be lawful for Her Majesty's Principal Secretary of State for the Home Department for the Time being to determine every such Difference, and by Order under his Hand to authorize the Works, and the Manner of executing the same, as he shall think fit; and after the Date of the Application by the Commissioners to the said Secretary of State no Penalty shall be incurred by any Default of the Commissioners in respect of or in relation to such Works, or the Matters in difference between the Parties.

17. Nothing

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