THE ADMIRALTY LANDS AND WORKS ACT, 1864. 27 & 28 VICT. CAP. 57. An Act to make provision respecting the acquisition of lands required by the Admiralty for the public service, and respecting the use and disposition thereof, and the execution of works thereon. [25th July, 1864.] WHEREAS it is expedient to make provision for the acquisition by the Admiralty, by agreement, of lands required for the public service: And whereas it is expedient to consolidate into one general Act sundry provisions usually introduced into special Acts from time to time empowering the Admiralty to purchase particular lands for the public service by agreement or compulsorily, and that as well for the purpose of avoiding the necessity of repeating such provisions in each of the several special Acts as for insuring greater uniformity in the provisions themselves : And whereas it is expedient to make provision respecting the use and management of lands held by the Admiralty for the public service, and respecting the disposition thereof when no longer required for the public service, and also respecting the execution of works by the Admiralty in certain cases: Be it therefore 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: Lands vested in the Admiralty by an Order in Council under the Defence Act, 1842, shall by the Defence Act Amendment Act, 1864 (27 & 28 Vict. c. 89), s. 4, vest and be held and used according to the provisions of this Act as if the same had been purchased or taken by agreement under this Act. 1. This Act may be cited as The Admiralty Lands and Short title. Works Act, 1864. 2. In this Act Interpretation of The term "the Admiralty means the Lord High terms. same : The term "lands" includes any estate, term, easement, right, or interest in, to, over, or affecting lands. In the construction of the Lands Clauses Acts in connection with this Act the term "the promoters of the undertaking' therein used shall mean the Admiralty, and the term "lands" therein used shall have the meaning herein before assigned to it. "Lands."-See the note to section 3 of the Lands Clauses Act, 1845, ante, p. 7. As to what is to be deemed the special Act in the construction of this Act and the Lands Clauses Acts, see sections 4 and 5, infra. I. ACQUISITION OF LANDS BY AGREEMENT. to take agree 3. Subject and according to the provisions of this Act, Power to the Admiralty may from time to time by agreement purchase Admiralty or take lands requisite for Her Majesty's Naval Service, or lands by for the use or requirements of any force or department in the ment. employment or under the direction or control of the Admiralty, and for that purpose may enter into, execute, and do all necessary and proper contracts, assurances, and things. tion of Lands Clauses Sect. 4. 4. For the purposes of any such purchase or taking, the Incorpora- Lands Clauses Acts shall be incorporated with this Act (for which purpose this Act shall be deemed the special Act), except as to so much of the Lands Clauses Acts as relates to the purchase or taking of lands otherwise than by agreeprovisions ment, (a) and to access to the special Act.() Acts, except giving compulsory powers, &c. Incor of Lands Clauses Acts with special Acts. (a) These are sections 16-68. (b) Sections 150, 151. II. ACQUISITION OF LANDS UNDER SPECIAL ACTS. 5. Where by any special Act of the present or any future poration session compulsory powers of purchasing or taking particular lands are given to the Admiralty, the Lands Clauses Acts shall, subject to the provisions of this Act, be incorporated with the Act giving those powers (which shall for this purpose be deemed the special Act), except as to so much of the Lands Clauses Acts as relates to access to the special Act. Power to to with draw notice for purchase within limited time. 6. If in any case, after notice has been given by the Admiralty Admiralty for the compulsory purchase or taking of any lands under any such special Act as aforesaid of the present or any future session, it appears to the Admiralty, from a change of circumstances, or other reasons, unnecessary or inexpedient to complete the purchase or taking of such lands, or any part thereof, the Admiralty may within two months after giving the notice give to the parties entitled to receive the first notice a further notice to the effect that they thereby withdraw the first notice wholly or in part, and thereupon the lands comprised in the notice of withdrawal shall be discharged from the effect of the first notice wholly or to the extent of the notice of withdrawal (as the case may be); provided that nothing herein shall— (1.) Prejudice any claim of any owner of or person interested in such lands for compensation for such damage (if any) as he may have sustained in consequence of the giving of the first notice; or (2.) Give to any person receiving notice for the purchase Sect. 6. or taking of lands any further or other right as against the Admiralty than he would have had if As to the effect of serving a notice to treat in the absence of such a provision, see the notes to section 18 of the Lands Clauses Act, 1845, ante, pp. 41, 46, and see R. v. Commissioners of Woods and Forests, 15 Q. B. 761. Acts as to correction &c., in 7. In every such special Act as aforesaid of the present or Incorany future session there shall also be incorporated, where the portion of Railways lands authorised to be purchased or taken compulsorily are Clauses situate in England or Ireland, sections seven and ten of the corr Railways Clauses Consolidation Act, 1845,(a) and where the of errors, lands are situate in Scotland, sections seven and ten of the books of Railways Clauses Consolidation (Scotland) Act, 1845, for reference, which purpose such Act of the present or any future session shall be deemed the special Act, and the Admiralty shall be deemed the company. (a) See ante, p. 309. &c. time for 8. The powers of the Admiralty for the compulsory pur- Limit of chase of lands for the purposes of any such special Act as compulaforesaid of the present or any future session shall not be sory purexercised after the expiration of five years from the passing of that Act. In the absence of such a provision the period would be three years under section 123 of the Lands Clauses Act, 1845, and see the note thereto, ante, p. 271. III.-VESTING, MANAGEMENT, &c. OF LANDS. chases. vest in 9. Lands purchased or taken by the Admiralty as afore- Lands to said, by agreement or compulsorily, shall, according to the Lords of nature and quality of such lands, and the estate, term, or Admiinterest acquired by the Admiralty therein, vest in the for the Admiralty for the time being, and go to and be held by the time being. Lord High Admiral for the time being, or the Commissioners ralty, &c., Sect. 9. for the time being for executing the office of Lord High Admiral, in succession, in trust for Her Majesty, her heirs and successors, for the public service. Powers of management, &c., of lands. Actions Lands may be vested in the Admiralty under section 5 of the Defence Act, 1842, by Order in Council: see Appendix. By the Admiralty Powers Act, 1865 (28 & 29 Vict. c. 124), the provisions of this Act as to the user and management of lands, and as to actions in respect of lands, shall apply in relation to all lands for the time being vested in or purchased by the Commissioners of the Admiralty. Section 1. 10. Subject to the provisions of this Act and of any such special Act as aforesaid of the present or any future session, the Admiralty may use lands purchased or taken by them under this Act or under any such Act in such manner as may seem most beneficial for the public service, and shall have in relation thereto all such powers of management and leasing, and all such other powers, and all such rights, as would be had in relation thereto by any individual holding the same for such estate, term, or interest as the Admiralty have therein. 11. The Admiralty may bring or defend any action or suit and suits by and relative to any lands contracted to be purchased or taken by against them under this Act, or under any such special Act as Admiralty as to lands, aforesaid of the present or any future session, and may bring any action of ejectment or other action or suit for recovering possession of any lands purchased or taken by them under this Act, or under any such special Act as aforesaid of the present or any future session, and may distrain or sue for any arrears of rent due to them in respect thereof; and may bring any action or suit in respect of any trespass or encroachment committed thereon or damage done thereto, or any other action or suit in respect thereof, and may defend any action or suit in respect thereof; and in every such action or suit the Admiralty may be styled "The Lord High Admiral of the United Kingdom" or "The Commissioners for executing the office of Lord High Admiral of the United Kingdom" (as the case may require), without more; and |