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Defence Act 1859

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Commencement Orders bringing legislation that affects this Act into force:

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

2X1†Conveyances of land to Secretary of State for War as in Sched.(A).E+W+S+N.I.

Conveyances of land in England and Ireland to be purchased by [F2the Secretary of State for Defence] may be according to the form in the schedule (A.) to this Act, or as near thereto as the circumstances of the case admit; and all conveyances so made shall be effectual to vest the land thereby conveyed in [F2the Secretary of State for Defence] and his successors, and shall operate to bar and destroy all such estates tail, and other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever of and in the land comprised in such conveyances, as have been purchased or compensated for by the consideration given on the purchase; . . . F3

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1A dagger appended to a marginal note means that it is no longer accurate.

Amendments (Textual)

F2Words substituted by S.I. 1964/488

3†Conveyances to the Secretary of State for War of land in Scotland as in Sched. (B).E+W+S+N.I.

Feus and conveyances of lands and heritages in Scotland to be purchased by [F4the Secretary of State for Defence] may be according to the form in the schedule (B.) to this Act, or as near thereto as the circumstances of the case admit; which feus and conveyances being duly executed and being registered in the . . . F5 register of sasines kept for the . . . F5 burgh, . . . F5 in which the lands and heritages are locally situated, or in the general register of sasines for Scotland kept at Edinburgh, within sixty days from the last date thereof, which the respective keepers of the said registers are hereby authorized and required to do, shall give and constitute a good and undoubted right, and complete and valid feudal title in all time coming, to [F4the Secretary of State for Defence] and his successors, to the lands and heritages therein described or referred to and intended to be thereby conveyed, any law or custom to the contrary notwithstanding: provided always, that it shall not be necessary for [F4the Secretary of State for Defence] to record in any register of sasines any feus or conveyances in their favour which shall contain a procuratory of resignation or precept of sasine, or which may be completed by infeftment; and the title of [F4the Secretary of State for Defence] under such last-mentioned feus or conveyances shall be regulated by the ordinary law of Scotland until the said feus or conveyances or the instruments of sasine thereon, shall have been recorded in a register of sasines; provided also, that the rights and titles to be granted in manner herein mentioned in and to any lands and heritages in Scotland shall, unless otherwise specially provided for, in nowise affect or diminish the right of superiority in the same, which shall remain entire in the person granting such rights and titles; but in the event of such lands and heritages being a part or portion of other lands and heritages held by the same owner under the same titles, [F4the Secretary of State for Defence], his successors and assigns, shall not be liable for any feu duties or casualties to the superiors thereof, or be bound to enter with the said superiors.

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Amendments (Textual)

F4Words substituted by S.I. 1964/488

Modifications etc. (not altering text)

C1A dagger appended to a marginal note means that it is no longer accurate

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S+N.I.

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Amendments (Textual)

F6S. 4 repealed by S.I. 1964/488

F75 Recovery of possession of land in England from tenants.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7 S. 5 repealed by S.I. 1991/724Schedule Part 1

6 Recovery of possession of land in Ireland from tenants.E+W+S+N.I.

When any lease or agreement of or concerning land in Ireland vested in [F8the Secretary of State for Defence] on behalf of Her Majesty is determined by expiration, notice, or forfeiture (except for nonpayment of rent), possession of such land may be recovered by or on behalf of [F8the Secretary of State for Defence] either as provided by section seventy-two of the M1Civil Bills Court (Ireland) Act, 1851, in the case of lands holden by a tenant at a rent not exceeding fifty pounds per annum, and the tenant’s interest wherein is determined, notwithstanding the rent payable under such lease or agreement may exceed that amount, and the provisions of the said Act shall be applicable accordingly, [F9or as provided by section fifteen of the M2Summary Jurisdiction (Ireland) Act, 1851, for the recovery of possession of houses in certain towns and villages; and such last-mentioned provision shall be applicable in all cases to the recovery of land in Ireland holden under any such lease or agreement as aforesaid where such lease or agreement is determined as aforesaid, wherever such land may be situate, and at and for whatever rent and term the same may be holden; and notwithstanding anything to the contrary in the said provision, the justices authorized to issue a warrant for giving possession may by such warrant authorize such possession to be given forthwith, or on or before such day as the justices may think fit, to name, and may, if they think fit, issue such warrant notwithstanding the tenant may be willing to give such undertaking as therein mentioned.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Words substituted by S.I. 1964/488

F9Words repealed (N.I.) by S.I. 1978/1050 (N.I. 20), Sch. 10

Marginal Citations

7X2†Nothing to lessen powers of Secretary of State for War.E+W+S+N.I.

Nothing in this Act shall extend to take away, lessen, or prejudice any powers, rights, or authorities which would or might have been vested in or exercised by [F10the Secretary of State for Defence] if this Act had not been passed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X2A dagger appended to a marginal note means that it is no longer accurate.

Amendments (Textual)

F10Words substituted by S.I. 1964/488

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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