with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the Small Holdings and Allotments Acts, 1908 to 1919. (2) Every such lease shall be entered on the rolls of the manor in every case in which by the custom of the manor such a lease granted with the licence of the lord is required to be so entered; and the steward of the manor shall cause such lease to be so entered, and shall give to the Council a certificate of such entry on payment to such steward of the accustomed fees, or, if there be no accustomed fees, on payment of such sum as may in default of agreement be adjudged by a Court of Summary Jurisdiction, on the application. of such steward or the Council, to be payable in respect of such entry. Execution of Lease to Council. 16.-(1) As soon as the amount of the rent to be paid by the Council for the land proposed to be compulsorily hired, and the amount of any other compensation to be paid by the Council to any person entitled thereto in respect of the land or any interest therein, or in respect of improvements executed on the land or otherwise, have been determined, so far as the same can be determined before the tenancy of the Council commences, the owner shall on the application of the Council execute a lease of the land in accordance with the Order, subject only to the interest of any existing tenant which the Council have given notice that they do not desire to extinguish, and to any reservation, exception, or easement subject to which the land is to be hired, and if the owner refuses or after notice in writing by the Council fails within one month, to execute the lease, or if the owner of the land cannot after diligent inquiry be ascertained by the Council, the Council shall execute the lease in duplicate, and shall forward one copy to the owner, if he can be found, and a lease so executed shall take effect as if it had been duty executed by the owner. (2) A lease executed by the owner, or by the Council under this Regulation, shall be binding on and enure for the benefit of all persons interested in the land hired, and shall not cause any forfeiture of the land, or of any land held therewith or create any right of entry on any such land, or any right of action for breach of a covenant not to assign, or like covenant. Commencement of Tenancy of the Council. 17. The lease to the Council shall, when executed in accordance with these Regulations, and subject as hereinafter provided, take effect as from the date specified by the Council in the notice to treat given by the Council to the owner of the land, and in such case the Council shall on the date so specified be entitled to enter on the land, subject to the interest of any existing tenant which is not to be extinguished by the hiring; Provided that this Regulation is subject to the power of the Council under subsection (8) of section 39 of the Act of 1908 to withdraw such notice to treat. Costs. 18. (1) Costs reasonably incurred by the owner in connection with the preparation and execution of the lease and any counterpart and costs reasonably incurred by the owner or an existing tenant in furnishing any particulars of his estate and interest required by notice under these Regulations, or otherwise required by the Council, shall be paid by the Council to the owner or tenant as the case may be. (2) If the Council and the party entitled to any such costs do not agree as to the amount thereof, such costs shall be taxed by one of the Taxing Masters of the High Court, upon an Order of the Court to be obtained upon petition in a summary way by either of the parties; and the Council shall pay what the said Master shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs payable under an Order of the Court, and the expense of taxing such costs shall be borne by the Council unless upon such taxation one-sixth part of the amount of such costs be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the said Master, and deducted by him accordingly in his certificate of such taxation. Power of Council to Enforce Right of Entry. 19. If in any case the Council are authorised by a Compulsory Order and these Regulations to enter upon and hold any land authorised to be compulsorily hired, and the owner or occupier of any such lands or any other person refuses to give up the possession thereof, or hinders the Council from entering upon the same, a court of summary jurisdiction, on complaint made by the Council, may require the owner or occupier of such land or other person to deliver possession of the same to the Council or permit them to enter thereon; and any Order made under these provisions may be enforced as provided by section 34 of the Summary Jurisdiction Act, 1879. Time for Completion of Award. 20. The arbitrator shall within one month after his appointment, or within such extended time as the Board shall allow, make and sign a determination of all matters referred to him for determination which are in his opinion capable of being ascertained at the date of the determination, and shall within one month after the commencement of the tenancy of the Council, or within such extended time as the Board shall allow, make and sign a determination of all matters referred to him for determination which are not determined by the previous determination. Award or Copies to be sent to the Parties. 21. Every determination made by an arbitrator shall be duly stamped by him and sent as soon as possible to the Council and a copy shall at the same time be sent to the owner and any existing tenant affected by the determination. Payment of Compensation. 22. (1) Any compensation, other than rent, payable by the Council in respect of the compulsory hiring, including any compensation payable in respect of the interest of an existing tenant which is extinguished by such hiring, shall be payable by the Council in manner provided by these Regulations on the execution of the lease, or if payable in respect of any matter not then determined, on the date when it is duly determined. (2) Subject to any provision in the Compulsory Order and these Regulations, compensation so payable by the Council shall be paid. on demand to the owner, or the existing tenant, as the case may be. Mines and Minerals. 23. Subject to any provision in the Compulsory Order relating to mines and minerals, there shall, unless the owner and the Council otherwise agree, be excepted and reserved out of the lease all the mines and minerals, metals, ores, and other sub-strata, whether of coal, stone, clay, sand, or any other metalliferous or mineral substance or produce whatsoever, whether opened or unopened, worked or unworked, within or under the hired land (all which are hereinafter collectively referred to as "the said mines and minerals "); with full liberty and power for the persons entitled to the said mines and minerals at all times during the lease by underground workings only to win, work, and carry away the whole of the said mines and minerals, and also to carry away the produce of any other mines; nevertheless making reasonable compensation for any damage or subsidence which may be occasioned to any building on the land hired by reason of such working and carrying away of the said mines and minerals as aforesaid or the exercise of the powers to be reserved as aforesaid, such compensation to be settled in case of dispute by a single arbitrator in accordance with the Agricultural Holdings Act, 1908. Title Deeds to be Privileged. 24. Except as in these Regulations expressly provided, any person interested in the determination of any matter under these Regulations shall not be required to produce to the person making the valuation, or give him access to, any document of title. PART III. GENERAL. Service of Notices. 25.--(1) Every notice required to be given by a Council to an owner, existing tenant, or other person interested in land proposed or authorised to be hired, shall either be served personally on such person or sent by post to or left at his usual place of abode in the United Kingdom, if any such can after diligent inquiry be found, and in case any such person shall be absent from the United Kingdom or cannot be found after diligent inquiry, shall be sent by post to or left with any agent ordinarily receiving the rents of the land on behalf of such person, and a copy thereof shall also be sent by post to or left with the occupier of the land to which such notice relates, or, if there be no such occupier, shall be affixed upon some conspicuous part of such land. (2) If an owner, existing tenant, or other person interested be a Corporation aggregate such notice shall be sent by post to or left at the principal office of business of such Corporation, or if no such office can after diligent inquiry be found, shall be sent by post to or served on some principal officer, if any, of such corporation. Application of Section 2 of the Act of 1919 to Hiring. 26.-(1) Section two of the Land Settlement (Facilities) Act, 1919 (Power of entry on land), shall apply in the case of an Order authorising the compulsory hiring of land, or of an agreement to hire land, subject to the following adaptations :— (D) "Hire or "hiring" shall, as the context requires, be substituted for "purchase "; (b) A notice under Regulation 6 of these Regulations shall be deemed to be a notice to treat. (2) In the case of an Order for the compulsory hiring of land and entry by a Council on the land or any part thereof under subsection (1) of the said section as adapted by this regulation, the compensation payable in respect of the hiring of the land shall include such compensation by way of rent or otherwise, together with interest on such part of the compensation as is not paid by way of rent at the rate of five per cent. per annum from the time of entry on the land until such compensation is paid, as would have been payable if the Council had at the date of entry hired the land of which possession is taken and extinguished the interest therein of any existing tenant. Application to Determinations by Commissioners of Inland Revenue. 27. Where under the Acquisition of Land (Assessment of Compensation) Act, 1919, any matter to which these Regulations relate is determined by the Commissioners of Inland Revenue, any provision in these Regulations referring to an arbitrator shall apply to the Commissioners. Definitions. 28. In these Regulations, unless the context otherwise requires— Board" means the Board of Agriculture and Fisheries; "Owner" in relation to any land proposed or authorised to be hired means the person who by himself or his agent is in actual possession, or receipt of the rents and profits of the land (except a tenant thereof under a lease for a term no greater than the term for which the land is proposed or authorised to be hired) and that without regard to the real amount of interest of such person; "Existing tenant in relation to any land proposed or authorised to be hired means a tenant thereof under a lease for a term no greater than the term for which the land is proposed or authorised to be hired; "Lease" includes an agreement for a lease; 66 Compulsory Order" means an Order under the Acts of 1908 to 1919 which authorise land to be compulsorily hired; "Land" includes stints and other alienable common rights of grazing. Provisions Incorporated with Compulsory Order. 29. A Compulsory Order shall incorporate these Regulations, but shall not, unless therein otherwise expressly stated, incorporate any of the provisions of the Lands Clauses Acts or of sections 77 to 85 of the Railway Clauses Act, 1845, except so far as such provisions have been incorporated with adaptations in these Regulations. Application to Small Holdings Commissioners and the Board. 30. These Regulations shall apply to a compulsory hiring by the Small Holdings Commissioners acting in default of a Council or by the Board, with the substitution of those Commissioners or the Board, as the case may be, for the Council. Exception of Crown Lands and Commons. 31. The Compulsory Order and these Regulations shall not extend and apply to Any land belonging to His Majesty the King, his heirs and successors in right of the Crown, or in right of the Duchy of Lancaster; nor to Any land belonging to the Duchy of Cornwall; nor to Revocation of existing Regulations. 32. The Small Holdings and Allotments (Compulsory Hiring) Regulations, 1918, are hereby revoked but not so as to affect the operation of any Order made before the date of these Regulations. Short Title. 33. These Regulations may be cited as the Small Holdings and Allotments (Compulsory Hiring) Regulations, 1919. In witness whereof the Board of Agriculture and Fisheries have hereunto affixed their Official Seal this eighth day of September, nineteen hundred and nineteen. hereby empowered to put in force as respects the land described in the draft lease set forth in the schedule hereto the powers of compulsory hiring conferred by the Small Holdings and Allotments ," or County Council of Parish Council [or Meeting "] or 1 Insert " County Council of acting on behalf of the 66 'Mayor, Aldermen, and Burgesses of the Borough of District Council." |