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LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860

LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860 - LONG TITLE

An Act to amend the Lands Clauses Consolidation Acts, 1845, in
regard to Sales and Compensation for Land by way of a Rentcharge,
. . .; 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]
Preamble, which recites the Lands Clauses Consolidation Act 1845
(c.18), rep. by SLR 1892

Powers in 1845 c.18 ss.10, 11, to sell lands for a rentcharge, and
to recover rentcharge, extended to all sales, &c. where parties are
under disability.

LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860 - SECT 2

2. The power to sell and convey lands in consideration of an
annual rentcharge provided by the tenth section of the said Act,
and the power to recover such rentcharge provided by the eleventh
section of the said Act, are hereby extended to all cases of sale
and purchase or compensation 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.

LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860 - SECT 4
Amount of rentcharge to be settled in manner directed in 1845 c.18
s.9.

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, ...
herein-before mentioned, shall be settled in the manner directed in
the ninth section of ... the said Act ...: Provided, that the
amount of such annual rentcharge, ..., shall in no case be less
than one-fourth part greater than the net annual 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 of the
said rentcharge, ...; and that no fine, foregift, ... 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, ..., 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.

LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860 - SECT 5
If lands are purchased by way of rentcharge, the borrowing powers
of the promoters shall be reduced proportionally.

5. In case the promoters of the undertaking shall be empowered, by
any Act or Acts relating thereto, to be passed after the passing
of this Act, to borrow money to an amount not exceeding a
prescribed sum, then in the event of the promoters of the
undertaking agreeing at any time after the passing of this Act with
any person, under the powers of this Act and of ... the Act
hereinbefore mentioned... for the purchase of any lands in
consideration of the payment of a rentcharge, ... 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, ..., so
for the time being payable.

S.6 rep. by 1882 c.50 s.5 sch.1 Pt.II; 1972 c.9 (NI) s.149 sch.9

LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860 - SECT 7
Secretary for Defence may use the powers given to promoters of
undertakings, by 1845 c.18.

7. For the purchase or acquisition of any messuages, lands,
tenements, and hereditaments wanted [for any purpose of the Ministry
of Defence or of any of Her Majesty's naval, military or air
forces] or for the defence of the realm, it shall be lawful for
Her Majesty's Principal [Secretary of State for Defence] for the
time being to use all or any of the powers and provisions by the
Lands Clauses Consolidation 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 Defence], be treated as if they
were contained in the Defence Act, 1842, for the purpose of being
used and made available ..., 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 Defence Act, 1842, or
prejudice or affect the powers and authorities of the said Principal
Secretary for the time being under the said last-mentioned [statute].

LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT 1860 - SECT 8
This Act and 1845 c.18 to be construed together.

8. This Act shall be read and construed as part of the said Lands
Clauses Consolidation 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."