after the passing of this act, to borrow money to an amount borrowing not exceeding a prescribed sum, then in the event of the powers to be reduced propromoters of the undertaking agreeing at any time after the portionally. passing of this act with any person under the powers of this act and of either of the acts herein before mentioned, or of either of the said acts, only for the purchase of any lands in consideration of the payment of a rent-charge, 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 rent-charge, annual feu duty or ground annual, so for the time being payable. Certain clauses in 8 & 9 Vict. VI. The clauses contained in "The Lands Clauses Consolidation Act, 1845," relating to the purchase of lands by agree- c. 18, extended ment, and to agreements for sale, and conveyances, sales, and to purchases of lands, &c. for releases of any lands or hereditaments, or any estate or interest public purtherein, by parties under disability, shall extend and be poses. applicable to all purchases of land and hereditaments for 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 treasury, under the powers for that purpose contained in "The Municipal Corporation Mortgages, &c. Act, 1860." war to use the to promoters of undertakings by 8 & 9 Vict. c. 18. VII. For the purchase or acquisition of any messuages, Power to lands, tenements, and hereditaments wanted for the service secretary for of the admiralty or of the war department or for the defence powers given of the realm, it shall be lawful for her Majesty's principal secretary of state for the war department for the time being to use all or any of the powers and provisions by "The Lands Clauses Consolidation Act, 1845," and by "The Lands Clauses Consolidation (Scotland) Act, 1845," given to the 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 This act and 8 & 9 Vict. together. nineteenth Victoria, chapter one hundred and seventeen, for the purposes aforesaid: provided always, that nothing herein contained shall authorize 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. VIII. This act shall be read and construed as part of the cc. 18 and 19, said "Lands Clauses Consolidation Act, 1845," or of "The to be construed Lands Clauses Consolidation (Scotland) Act, 1845," in all matters in which it relates to the said acts respectively; and in citing this act in other acts of parliament, and in legal instruments, it shall be sufficient to use the expression of "The Lands Clauses Consolidation Acts Amendment Act, 1860." LANDS CLAUSES CONSOLIDATION ACT, 1869. 32 & 33 VICT. CAP. 18. An Act to amend the Lands Clauses Consolidation Act. [24th June, 1869.] WHEREAS it is expedient that the provisions contained in "The Lands Clauses Consolidation Act, 1845," should be amended: Be it therefore enacted and declared 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: Costs of arbieither party trations, where so requires, to be settled by a master of courts. 1. Where in England, under "The Lands Clauses Consolidation Act, 1845," or any act incorporating the same, any question of disputed compensation is determined by arbitration, the costs of and incidental to the arbitration and award shall, if either party so requires, be taxed and superior settled as between the parties by any one of the taxing masters of the superior courts of law; and such fees may be taken in respect of the taxation as may be fixed in pursuance of the enactments relating to the fees to be demanded and taken in the offices of such masters, and all those enactments, including the enactments relating to the taking of fees by means of stamps, shall extend to the fees in respect of the said taxation. This section only applies to arbitrations which proceed simply under the Lands Clauses Act, 1845; and not to arbitrations which embrace matters that could not be the subject of arbitration under that act, except by agreement between the parties. Doulton v. Metropolitan Board of Works, L. R., 5 Q. B. 333; 39 L. J., Q. B. 165; 18 W. R. 790. Semble, that the section is not retrospective, and therefore does not apply to arbitrations under agreements made before the passing of the act. Ibid. The master is not bound to tax costs under this section unless the claimant is entitled to costs under sect. 34 of the Act of 1845. Fitzhardinge v. Gloucester and Berkeley Canal Co., L. R., 7 Q. B. 776; 41 Repeal of 31 & 8. 33. L. J., Q. B. 316; 20 W. R. 800; 27 L. T., N. S. 196; and where a special agreement as to the arbitration is made between the parties as to the costs of the same, the case is not one which is within this section, Wombwell v. Barnsley Corporation, 36 L. T., N. S. 708. As to the fees payable to the masters for such taxations, see 31 & 32 Vict. c. 119, s. 45. 2. Section thirty-three of "The Regulation of Railways 32 Vict. c. 119, Act, 1868," is hereby repealed, and any proceedings commenced in pursuance of that section may be continued under this act as if they had been commenced under it. Provision respecting lands in Westminster. Short title. Construction of acts. 3. Where any lands by the special act authorized to be taken are situate within the city and liberty of Westminster, then, with respect to those lands, in every case in which any question of disputed compensation is required by "The Lands Clauses Consolidation Act, 1845," or any act amending the same, to be determined by the verdict of a jury, the high bailiff of the city and liberty of Westminster, or his deputy, shall be deemed to be substituted for the sheriff throughout such of the enactments of "The Lands Clauses Consolidation Act, 1845," and any act amending the same, as relates to the reference to a jury. 4. This act may be cited as "The Lands Clauses Consolidation Act, 1869," and shall be construed as one with "The Lands Clauses Consolidation Act, 1845," and "The Lands Clauses Consolidation Acts Amendment Act, 1860," and these acts and this act may be cited together as "The Lands Clauses Consolidation Acts, 1845, 1860, and 1869." INDEX. ABODE. See also NOTICE. of a corporate company, 9. last known place of, of any person, notices to be served by under- ABSCOND, Companies Clauses Act, 1845..534, 575. officer of public company about to, warrant against, 569. ABSENT PARTIES, compensation to, how determined under Lands Clauses Act, 632. Burghs (Scotland) Gas Supply Act, 1876..467. of gas clandestinely, 26, 72. See WRONGFUL TAKING OF GAS. notice of, of water, required under Facilities Act, 1870..356. from stream, under Lands Clauses Act, 611. compensation, 190-214, 218, 221. ACCEPTANCE, of bills of exchange by companies, 8. ACCESS, to special act, 52, 265, 582, 686. to testing place of gas, 70. See TESTING OF Gas. to accounts, &c. See ACCOUNTS. to meters, &c. See METERS and INSPECTION. ACCIDENTAL INJURY. See also UNAVOIDABLE CAUSE OR ACCIDENT. to pipes of gas company, 27. ACCOMMODATION, ADDITIONAL, ACCOMMODATION WORKS, construction of, under Waterworks Clauses Act, 1847..222. powers of compensation jury as to, 223. justices as to, ib. ACCOUNTANT. See PROFITS. appointment of, by quarter sessions, when, 42, 260. examination of accounts of gas and water companies by, 42, 260. |