LANDS CLAUSES CONSOLIDATION ACTS 23 & 24 VICT. CAP. 106. An Act to amend the Lands Clauses Consolidation Acts (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.] c. 18. [Whereas it is expedient to extend the provisions of the Lands 8 & 9 Vict. Clauses Consolidation Acts, 1845, in regard to 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and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:] Repealed by the Statute Law Revision Act, 1892. section 10 1. [So much of the tenth section of the Lands Clauses Sect, 1. Consolidation Act, 1845, as provides that, save in the case of Part of lands of which any person is seised in fee or entitled to dispose of recited absolutely for their own benefit, the consideration to be paid for Act any lands, or for any damage done thereto, shall be in a gross sum, is hereby repealed.] Repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66). repealed. Sect. 2. Sections 10 and 11 of recited power to sell, &c., 2. The power to sell and convey lands in consideration of an annual rentcharge provided by the tenth section of the said Act,(a) and the power to recover such rentcharge proAct, as to vided by the eleventh section (b) of the said Act, are hereby extended to all cases of sale and purchase or compensation lands for under the said Act where the parties interested in such sale or entitled to such compensation 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. an annual rent charge, and to recover, extended to all sales, &c., where parties are under disability. Similar proviso with regard to lands sold under (a) Ante, p. 27. 3. 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 (Scotland) Act, 1845, and the power to recover such annual feu duty or ground section 10 annual, are hereby extended to all cases of sale or purchase Vict. c. 19. 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. of 8 & 9 Amount of rentcharge to be 4. 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, hereindirected in before mentioned, shall be settled in the manner directed in section of the ninth section of each of the said Acts respectively; settled in manner the 9th recited Acts. Provided, that the amount of such annual rentcharge, annual feu duty or ground annual, shall in no case be less than onefourth part greater than the net annnal 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 Sect. 4. 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. purchased be reduced tionally. 5. In case the promoters of the undertaking shall be If lands empowered, by any Act or Acts relating thereto, to be passed by way of after the passing of this Act, to borrow money to an amount rentcharge, not exceeding a prescribed sum, then in the event of the pro- borrowing moters of the undertaking agreeing at any time after the powers to passing of this Act with any person under the powers of this proporAct and of either of the Acts hereinbefore mentioned, or of either of the said Acts, only for the purchase of any lands in consideration of the payment of a rentcharge, annual feu duty or ground 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. clauses in tended to 6. The clauses contained in the "Lands Clauses Consolida- Certain tion Act (1845)," relating to the purchase of lands by agree- 8 & 9 Vict. ment, and to agreements for sale, and conveyances, sales, and codex releases of any lands or hereditaments, or any estate or interest purchases of land, therein, by parties under disability, shall extend and be applic- &c., for able to all purchases of land and hereditaments for public 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] (a) Treasury, under the powers for that purposes. Sect. 6. purpose contained in "The Municipal Corporation Mortgages, &c., Act (1860).” use the powers Repealed except as to Ireland by the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50, s. 5). It is substantially re-enacted by section 107 of that Act. (a) These words in brackets are repealed generally by 55 & 56 Vict. c. 19 (the Statute Law Revision Act, 1892), which also again repeals the whole section as regards England. Power to 7. For the purchase or acquisition of any messuages, Secretary for War to lands, tenements, and hereditaments wanted for the service of the Admiralty or of the War Department or for the defence given to of the realm, it shall be lawful for Her Majesty's principal promoters Secretary of State for the War Department for the time takings by being to use all or any of the powers and provisions by the of under c. 18. Lands Clauses Consolidation Act, 1845, and by the Lands Clauses Consolidation (Scotland) Act, 1845, given to promoters of the undertaking, as therein mentioned, and for such purposes 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 authorise 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 or either of them. The principal powers given to officers of the State to take lands for the purposes of national defence, are as follows: I. By the Admiralty The Admiralty (Signal Stations) Act, 1815 (55 Geo. 3, c. 128). See The Coast-guard Service Act, 1856 (19 & 20 Vict. c. 83), ante, The Admiralty Lands and Works Act, 1864 (27 & 28 Vict. c. 57), post. II. By the War Office The Defence Act, 1842 (5 & 6 Vict. c. 94), and various Acts extending the powers given by that Act. See this Act in the Appendix, and the notes thereto. The Military Lands Act, 1892 (55 & 56 Vict, c. 54), post. Acts for specific purposes connected with the Admiralty and other offices also incorporate the Lands Clauses Acts, as, for example, the Public Offices Sites Act, 1882 (45 & 46 Vict. c. 32), and the Military Forces Localization Act, 1872 (35 & 36 Vict. c. 68). Sect. 7. and 8 & 9 19 to be 8. This Act shall be read and construed as part of the This Act said Lands Clauses Consolidation Act, 1845, or of the Lands Vict. Clauses Consolidation (Scotland) Act, 1845, in all matters in cc. 18 and which it relates to the said Acts respectively; and in citing construed this Act in other Acts of Parliament, and in legal instruments, together. it shall be sufficient to use the expression of "The Lands Clauses Consolidation Acts Amendment Act, 1860." |