Woods), the Commissioners of her Majesty's Treasury (hereinafter in this Act referred to as the Commissioners of the Treasury), may, if they think fit, direct with respect to any such operation, work, matter, or thing, that the costs, charges, and expenses of and connected with the same shall be charged as a principal sum to the account of the capital of the land revenue of the Crown; but in every case where such direction is given the principal sum so charged shall be repaid out of the income of the land revenue of the Crown in such manner and within such time as in each case the Commissioners of the Treasury from time to time direct, so nevertheless that in every case provision be made for the complete repayment of principal out of income as aforesaid within a period not exceeding thirty years from the time at which the principal sum becomes a charge as aforesaid." (Crown Lands Act, 1866 (29 & 30 Vict. c. 62), s. 1.)

36. Application of Act to land land of Duchy of Lancaster.] This Act shall extend and apply to land belonging to her Majesty, her heirs and successors, in right of the Duchy of Lancaster.

With respect to such land for the purposes of this Act, the Chancellor for the time being of the Duchy shall represent her Majesty, her heirs and successors, and shall be deemed to be the landlord.

The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the first or second part of the First Schedule to this Act shall be deemed to be an expense incurred in improvement of land belonging to her Majesty, her heirs or successors, in right of the Duchy, within section twenty-five of the Act of the fiftyseventh year of King George the Third, chapter ninetyseven, and shall be raised and paid as in that section provided with respect to the expenses therein mentioned.

The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the third part of the First Schedule to this Act shall be paid out of the annual revenues of the Duchy.

Powers of Duchy Council with respect to improvement."It shall and may be lawful to and for the chancellor and council of the Duchy of Lancaster, by any order or orders to be made in

Court of Revenue of the said duchy, from time to time to order or direct that any part or parts of the £3 per cent. consolidated annuities now standing, or which may hereafter stand in the books of the governor and company of the Bank of England in the name or to the account of the said Duchy of Lancaster, shall be sold and disposed of, and that the moneys arising by any such sale or sales shall be applied and appropriated in or towards payment, satisfaction and discharge of any sum or sums of money or expenses which shall be incurred in the division, inclosure, drainage, embankment, or other improvement of any messuages, lands or tenements belonging to his Majesty, his heirs or successors, in right of his said duchy, which shall be certified by the surveyorgeneral of the said duchy upon oath, to be filed in the duchy office, to be proper, necessary, advantageous and beneficial to his Majesty's said possessions; and the governor and company of the Bank of England shall, and they are hereby authorised and required upon requisition to them for that purpose to be made by any order or orders of the said chancellor and council, and under the hand of the attorney-general of the said duchy, to permit such person as shall in and by such order be named and empowered for that purpose to make any sale or sales, transfer or transfers of all or any part of the said bank annuities which now do or shall hereafter stand in the books of the said governor and company in the name or to the account of the Duchy of Lancaster, and which sale or sales, transfer or transfers, being made by the person so to be authorised by the signature of his own proper name for and on the behalf of the king's Majesty in right of his Duchy of Lancaster, shall be valid, legal and effectual for the sale or transfer of the said annuities, anything in any Act or Acts of Parliament, or any practice, usage or custom, to the contrary notwithstanding." (57 Geo. 3, c. 97, s. 25.)

37. Application of Act to land of Duchy of Cornwall.] This Act shall extend and apply to land belonging to the Duchy of Cornwall.

With respect to such land, for the purposes of this Act, such person as the Duke of Cornwall for the time being, or other the personage for the time being entitled to the revenues and possessions of the Duchy of Cornwall, from time to time, by sign manual, warrant, or otherwise, appoints, shall represent the Duke of Cornwall or other the personage aforesaid, and be deemed to be the landlord, and may do any act or thing under this Act which a landlord is authorised or required to do thereunder.

Any compensation payable under this Act by the Duke of Cornwall, or other the personage aforesaid, in respect of

an improvement mentioned in the first or second part of the First Schedule to this Act shall be deemed to be payable in respect of an improvement of land within section eight of the Duchy of Cornwall Management Act, 1863, and the amount thereof may be advanced and paid from the money mentioned in that section, subject to the provision therein made for repayment of sums advanced for improvements.

Power of Duchy to improve lands." All gross sums of money to arise and be received under the authority of this Act for or in respect of any sale, disposal or enfranchisement of any of the possessions of the said duchy shall be applied in the payment of the expenses on the part of the Duke of Cornwall of or relating to such sale, disposal or enfranchisement, and in payment of the purchase-moneys of any manors, lordships, advowsons, messuages, lands, mines, minerals, tenements, hereditaments, rents, pensions, annuities, rights of common or mining, or other charges or rights to be purchased under the authority of this Act, and in payment of the expenses in or relating to such purchases, or in the redemption of land tax chargeable upon or affecting any of the possessions for the time being of the Duchy of Cornwall; and the expenses attending the same, and all contracts for such redemption, may be entered into by the Lord Warden for the time being of the stannaries in Cornwall and Devon, or such other person as the Duke of Cornwall shall or may by sign manual, warrant, or otherwise, nominate or depute for that purpose, and any part of such gross sums of money may be from time to time advanced and applied for the purpose of permanently improving the possessions for the time being of the Duchy of Cornwall by enclosure, or erecting buildings, or executing drainage or other works thereon: Provided always, that all sums so to be advanced for improvements shall be a charge upon and be repaid from the revenues of the said duchy to the account of the Duchy of Cornwall at the Bank of England, by annual instalments of not less than one-thirtieth part thereof in every year; and it shall be the duty of the receiver-general of the Duchy of Cornwall and he is hereby required to see that such annual instalments are paid accordingly, and such annual instalments shall be applicable in like manner as if the same had been sums of money arising by sales of parts of the possessions of the duchy for gross sums under the powers of sale hereinbefore contained Provided always that the amount advanced for improvements as aforesaid, and not repaid, shall not at any one time exceed the sum of thirty thousand pounds." (26 & 27 Vict. c. 49, s. 8.)

38. Landlord, archbishop, or bishop.] Where lands are assigned or secured as the endowment of a see, the

powers by this Act conferred on a landlord shall not be exercised by the archbishop or bishop, in respect of those lands, except with the previous approval in writing of the Estates Committee of the Ecclesiastical Commissioners for England.

What powers can be exercised. The powers referred to would be the power of consenting to improvements in the first part of the first schedule, the power as to drainage, of entering into agreements with respect to improvements in the third part of the first schedule, of purchasing fixtures, and the power of charging the land.

39. Landlord, incumbent of benefice.] Where a landlord is incumbent of an ecclesiastical benefice, the powers by this Act conferred on a landlord shall not be exercised by him in respect of the glebe land or other land belonging to the benefice, except with the previous approval in writing of the patron of the benefice, that is, the person, officer, or authority who, in case the benefice were vacant, would be entitled to present thereto, or of the Governors of Queen Anne's Bounty (that is, the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy).

In every such case the Governors of Queen Anne's Bounty may, if they think fit, on behalf of the incumbent, out of any money in their hands, pay to the tenant the amount of compensation due to him under this Act; and thereupon they may, instead of the incumbent, obtain from the county court a charge on the holding, in respect thereof, in favour of themselves.

Every such charge shall be effectual, notwithstanding any change of the incumbent.

The charge must be obtained from the Board of Agriculture and Fisheries (63 & 64 Vict. c. 50, s. 3 (1); 3 Edw. 7, c. 31). See infra, p. 74).

40. Landlord, charity trustees, etc.] The powers by this Act conferred on a landlord in respect of charging the land shall not be exercised by trustees for ecclesiastical

or charitable purposes, except with the previous approval in writing of the Charity Commissioners for England and Wales.

There is nothing to prevent the incumbent taking a charge himself; in such case, to bind his successor, he would have to get the patron or the governors' consent before he took it.

The Act contains no provision as to the compensation payable to an incumbent, and it is apprehended that he would be entitled to it for his own benefit, and would be the person to give a receipt for it.

Restraints on charitable bodies.-This only forms part of the general rule, that charitable trustees can take no legal proceedings or assign or incumber their property without the consent of the Charity Commissioners. It seems that ecclesiastical and charitable bodies are put under greater restraints than any other public bodies; any other public bodies who hold land, such as corporations or colleges, can exercise the powers without the assent of any outside authority, while ecclesiastical and charitable corporations are placed under restrictions.

41. Resumption of possession for cottages, etc.] Where on a tenancy from year to year a notice to quit is given by the landlord with a view to the use of land for any of the following purposes:

The erection of farm labourers cottages or other houses, with or without gardens ;

The providing of gardens for existing farm labourers cottages or other houses;

The allotment for labourers of land for gardens or other

purposes;

The planting of trees;

The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connexion therewith;

The obtaining of brick earth, gravel, or sand;

The making of a watercourse or reservoir;

The making of any road, railway, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith;