THE

STATUTORY POWERS OF HER MAJESTY'S

PRINCIPAL SECRETARY OF STATE FOR
THE WAR DEPARTMENT.

Printed under the Superintendence of Her Majesty's Stationery Office,

AND SOLD BY

W. CLOWES & SONS, 13, Charing Cross; HARRISON & SONS, 59, Pall Mall;
W. H. ALLEN & Co., 13, Waterloo Place; W. MITCHELL, 39, Charing Cross;
LONGMANS & Co., Paternoster Row; TRÜBNER & Co., 57 & 59, Ludgate Hill;
STANFORD, Charing Cross; and C. KEGAN PAUL & Co., 1, Paternoster Square.
Also by GRIFFIN & Co., The Hard, Portsea; A. & C. BLACK, Edinburgh;
ALEX. THOM & Co., Abbey Street, and E. PONSONBY, Grafton Street, Dublin.

[600 2 80-H & S 1680 Wt. 16201-w.o. 466 | 77.]

TABLE OF CONTENTS.

A.-SECRETARY OF STATE FOR THE WAR DEPARTMENT.

Powers, &c., vested in the Principal Officers of the Ordnance to

be transferred to Her Majesty's Secretary of State for the War

Department

(b.) The Contracts and Rights thereof transferred

PAGE.

3*

3

4

Contracts, &c., made by the Principal Officers relating to the Public

Service to be enforced by such Secretary of State..

4.

Lands, &c., purchased for the service of the Ordnance, and all

buildings, &c., thereon, vested in the Principal Officers..

All lands, &c., vested in such Officers, vested in the said Secretary

of State

...

L

(d) Lans excepted from the operation of Sec. 5 of the Defence Act, 1842

(1.) Those belonging to the hereditary possessions of the Crown

or Duchy of Lancaster

(3.) Lands belonging to the Duchy of Cornwall

Act not to vest any property belonging to the Prince of

Wales in the Officers of the Ordnance

(a.) To be vested in the Principal Secretary

Lands to be hereafter taken, &c., to be vested in the same manner 10

(b.) As to contracts and conveyances

Such Secretary of State to be described in conveyances, &c., as Her

Majesty's Principal Secretary of State for the War Department.. 10

(c.) A statutory form of conveyance may be used

11

Conveyances to the Secretary of State for War of land in England

and Ireland, as in the form "A" in the Appendix hereto

Conveyances to the Secretary of State for War of land in Scotland.

as in the form "B" in the Appendix hereto

Terms assigned to attend the inheritance of lands, &c., holden

for the Ordnance to remain in same trustees on same terms

On the death of any person now holding copyholds, &c., for the

Ordnance, the Secretary to be admitted on payment of customary

fines, &c.

222

For enrolment of deeds relating to lands, &c., in England and

Wales ..

Deeds not required to be acknowledged, &c.

13

13

13

Office copies of enrolments of such deeds, &c., admissible in

evidence

33

14

Principal Secretary may authorize persons to survey and mark out

lands, and treat with owners for the absolute purchase thereof 14

Principal Secretary may purchase lands, &c., and take leases

on behalf of the Crown

Dealings with lands of the Duchy of Lancaster for the purposes

of the Act

(i.) Sites for Batteries on Piers and Harbours

Power to Secretary of State for War to take and hold land, &c., or

batteries, &c.

(j) Militia Barracks and Storehouses

Power for counties and boroughs to transfer buildings or land to

Secretary of State

(.) As to the Purchase of Land otherwise than by Agreement

In default of treating, or where the parties do not agree, the

persons authorized by Her Majesty may require two Justices,

&c., to put Her Majesty's Officers in possession

Barrack sites

Jury may ascertain the proportion to be paid out of compensation

for land to lessees, &c.

How compei sation to be settled in case of neglect to treat..

Provision where compensation claimed is under 2001.

Compensation to absent parties to be settled by a surveyor to be

appointed by two justices

Lands not to be taken for the defence of the realm without con-

sent of the owners, unless in certain cases ..

23

How notices to be given..

18

20

21

23

Surveyor acting corruptly to be guilty of a misdemeanour..

Valuation to be preserved and produced on demand..

Power to Secretary for War to use the powers given to promoters

of undertakings by 8 and 9 Vict., cap. 18 ..

(7.) As to the Payment of Purchase-money to the Court of Chancery

Purchase-money payable to bodies politic, &c., how to be invested 25

Court of Chancery to make order for the investment of such

purchase-money

Investment of purchase-money when less than 2001.

Investment of purchase-money when less than 201...

Persons in possession deemed entitled to the property until contrary

shall be shown..

26

26

27

Provision for payment and application of compensation money in

certain cases

27

27

On payment into Court of compensation, an addition to be made

to meet future expenses

Provision for payment into Court on failure for three months

after compensation ascertained to deduce a title ..

Orders concerning money paid into Court may be made at

Chambers

(m.) Subsequent Compensation and Interests omitted to be Purchased
Provision as to interests omitted to be purchased
How value of such lands to be estimated

Secretary of State to pay the costs of litigation as to such lands

(n.) As to the Extinguishment of Rights of Common..

Principal Secretary may avail himself of certain powers contained
in 8 and 9 Vict., cap. 18, as to extinguishing rights of com-
mon, &c.

Power of valuer appointed under Inclosure Act to cease on
purchase of common rights by War Department ..
Purchase may be made although Inclosure Proceedings pending
Compensation for common lands, where held of a manor, &c., how
to be paid
Lord of the Manor, &c., to convey to the promoters of the under-
taking, on receiving compensation for his interest ..
Compensation for common lands not held of a manor, how to be
ascertained

Committee to agree with the promoters of the undertaking..

Disputes to be settled as in other cases

33

34

If no committee be appointed, the amount to be determined by a

Upon payment of compensation payable to commoners the lands

Power to alter the course of brooks, &c.

(p.) Taking of Lands for a Temporary Purpose

Erections on lands taken for a temporary purpose to be removed

before the lands are restored to the owner, and compensation

shall be made for the injury done

Principal Secretary empowered to give notices, make claims, and

authorise entries, &c. ..

34

35

35

36

36

Notices, &c., required to be served on or given by Secretary of State

to be served on or given by the Solicitor

(8.) As to Exemption from Personal Responsibility

36

36

(ss.) Members of the Commons prohibited from Contracting for Public

Supplies

After the end of this session, all persons holding contracts, &c., for

the public service shall be incapable of being elected or sitting

in the House of Commons

If any member accepts or continues to hold any such contract, &c.,

after the commencement of the next session, his seat shall be void 248

Not to extend to incorporated trading companies

Not to extend to contracts devolving by descent, &c., until after 12

months' possession

249

249

If any person hereby disqualified shall be elected, election shall be

void

249