respectively, except so much thereof as relates to the purchase Sect. 5. of land otherwise than by agreement, are hereby incorporated with this Act, the special Act being construed to mean this Act, and the promoters of the undertaking being construed to mean the Commissioners of Works. of ss. 335 16 & 17 6. The powers and provisions of sections three hundred Provisions and thirty-five to three hundred and forty-one, both inclusive, to 341, and section three hundred and forty-five of the Customs Con- both inclusive, solidation Act, 1853, and of sections two hundred and seventy- and 345 of five and two hundred and seventy-six of the Customs Con- Vict. solidation Act, 1876, shall continue in force as if this Act had c. 107, and ss. 275 and not been passed (if the Commissioners of the Treasury shall 276 of think fit to exercise the same), except that the moneys referred 39 & 40, Vict. c. 36, to in the two hundred and seventy-fifth section of the said to conAct of 1876, arising from or paid in respect of lands or hereditaments in Great Britain, or the Isle of Man, or the Channel variations. Islands, shall be paid into the Bank of England to the account of the Commissioners of Works instead of to the Commissioners of Customs, and that lands which under the two hundred and seventy-sixth section of the said Act of 1876 would have vested in Her Majesty, her heirs or successors, shall vest in like manner in the Commissioners of Works. The sections of the Customs Consolidation Act, 1853, referred to above, will be found at p. 426, ante. They enable the commissioners to take land compulsorily, and sections 40-68 of the Lands Clauses Acts are incorporated. See In re Wovel's Estate, 31 Ch. D. 607. Sections 275, 276, of the Customs Consolidation Act, 1876, above referred to, are as follows: THE CUSTOMS CONSOLIDATION ACT, 1876. As to the application of moneys from sale, purchase, or exchange of lands, tinue in force with 275. The moneys produced by sales or exchange of any freehold, Moneys leasehold, or copyhold lands, or tenements bought, sold, or disposed of produced by, for, or under the direction of the Commissioners of Customs, in- by sale of cluding the moneys already paid by way of deposit for the purchase of lands to be any such lands or tenements already contracted to be sold, and the paid to the residue of the moneys to be received in respect or on account of such sioners of contract, shall be paid by the purchaser thereof, or by the person Customs. making such exchange, to the Commissioners of Customs for the time Commis Sect. 6. being, or to such person as they shall appoint to receive the same, in trust for Her Majesty, her heirs and successors, for the use of the said customs; and the receipt of such commissioner or other person as aforesaid for such moneys (such receipt to be endorsed on the conveyance, surrender, or assignment) shall effectually discharge the purchaser or person by whom or on whose account the same shall be paid. Money for lands of incapacitated persons to be paid into Bank of England. Act to be registered 276. In all cases where money shall have been or shall be agreed, or shall have been or shall be found by the verdict of any jury, to be paid for the use or possession of lands or hereditaments taken by virtue of the Customs Acts belonging to any persons under any disability or incapacity, or not having the absolute interest therein, the same shall be paid by warrant of the Commissioners of the Treasury into the Bank of England, in the name and with the privity of the Paymaster-General on behalf of the Chancery Division of the High Court of Justice, to be placed to his account there in the matter of the particular Act to the credit of the person claiming to be interested therein, naming them pursuant to the method prescribed by any Act in force for the time being for regulating the payment of money into court; and immediately upon the filing in the Chancery Division of the High Court of Justice of the certificate of such Paymaster-General, with the receipt annexed of the payment into his name as aforesaid of any such money, in conformity with the eighth section of the Act of the twenty-second and twenty-third years of Her Majesty's reign, chapter twenty-one, the said land or hereditaments shall be vested in or to the use of Her Majesty, her heirs and successors. 8. This Act shall be registered in the Royal Courts of the in Channel Islands of Guernsey and Jersey respectively, and the said Royal Courts respectively shall have full power and authority and are hereby required to register the same. Islands. PURCHASE OF LAND FOR POST OFFICE. 531 THE POST OFFICE (LAND) ACT, 1881. 44 & 45 VICT. CAP. 20. An Act to amend the Law with respect to the Acquisition of of the Post Office. [18th July, 1881.] 1. This Act may be cited as the Post Office (Land) Act, Sect, 1. 1881. The second paragraph which dealt with short titles and the second section which made this Act come into operation on the 1st of September, 1881, have been repealed by the Statute Law Revision Act, 1894. By the Short Titles Act, 1892 (55 & 56 Vict. c. 10), this Act is one of the Post Office Acts, 1837-1891. See that Act for the various short titles of the different Post Office Acts. The schedule to this Act, which dealt with short titles, has been repealed also by the Statute Law Revision Act, 1894. Acquisition of Land. Short title. Post for pur 3. Whereas by the Post Office Duties Act, 1840, the Post- Power of master-General is constituted a body corporate for the purpose masterof holding and taking conveyances and leases of lands for the General service of the post office, and it is expedient to give further chase of powers for the acquisition of such lands: Be it, therefore, 3 & 4 Vict. enacted as follows :(a) c. 96, s. 67. (1.) The Postmaster-General, with the consent of the Treasury, may purchase land for the purpose of the post office, and shall take and hold such land on behalf of Her Majesty for the service of the post office; and for the purposes of this Act the expression "land" shall include any right or easement in, over, or in respect of land. (2.) With respect to any such purchase of land the following provisions shall have effect; (that is to say,) land. (a.) The Lands Clauses Consolidation Act, 1845, and the 8 & 9 Vict. Acts amending the same shall be incorporated with c. 18. Sect. 3. this Act, except the provisions relating to access to the special Act, and in construing those Acts for the purposes of this section "the special Act" shall be construed to mean this Act, and "the promoters of the undertaking" shall be construed to mean the Postmaster-General, and "land" shall be construed to have the same meaning as is given to it by this Act. (b) The bond required by section eighty-five of the Lands Clauses Consolidation Act, 1845,() shall be under the seal of the Postmaster-General, and shall be sufficient without sureties. (c.) The provisions of the said incorporated Acts with respect to the purchase of land compulsorily shall not be put in force until the sanction of Parliament has been obtained in manner in this Act mentioned. (d.) Three months at the least before an application is made to Parliament for sanction to the compulsory purchase of land under this Act, the PostmasterGeneral with the consent of the Treasury shall serve, in manner provided by the said incorporated Acts, a notice on every owner or reputed owner, lessee or reputed lessee, and occupier of any land intended to be so purchased, describing the land intended to be taken, and in general terms the purposes to which it is to be applied, and stating the intention of the Treasury to obtain the sanction of Parliament to the purchase thereof, and inquiring whether the person so served assents or dissents to the taking of his land, and requesting him to forward to the Treasury any objections he may have to his land being taken. (e.) The Treasury shall, at some time after the service of such notice, make a local inquiry by a competent officer into the objections made by any persons whose land is required to be taken, and by other Sect. 3. (f.) The Treasury, if satisfied after such inquiry has been (3.) The Chancellor and Council for the time being of the Duchy of Lancaster may, if they think fit, from time to time contract and agree with the Postmaster-General for the sale of, and may absolutely make sale and dispose of, for such sum or sums of money as to the said chancellor and council appear sufficient consideration for the same, any land belonging to Her Majesty, her heirs or successors, in right of the said duchy, which, for the purpose of the post office, the Postmaster-General may from time to time deem it expedient to purchase with the consent of the Treasury, and such land may be granted and assured to the Postmaster-General, and the said moneys shall be paid and dealt with as if the said land had been sold under the authority of the Duchy of Lancaster Lands Act, 1855. (a) The recital has been repealed by the Statute Law Revision Act, 1894. (b) Ante, p. 222. 18 & 19 Vict. c. 58. |