Defence Act 1860
Ascertaining the Lands to be taken or to be kept free from Buildings.
1 Lands to be taken and lands to be kept free from buildings to be ascertained, &c.
2 Declaration of Secretary for War, what to show.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Copy of declaration, &c. to be deposited with clerks of the peace, &c.
5 Clerks of the peace, &c., to receive and hold copies so deposited as under 7 Will. 4 & 1 Vict. c. 83.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notices of Lands required to be taken or to be kept free from Buildings
7 Notices to owners, &c of land.
8 Contents of such notice.
9 How notices to be given.
Determination of Amount of Compensation by Agreement
10 Amount of compensation may be determined by agreement.
11 Corporations, tenents for life, trustees, committees, &c. empowered to agree.
Determination of Amount of Compensation otherwise than by Agreement
12 How compensation to be settled in case of neglect to treat.
13 Provision where compensation claimed is under 200l.
14 Compensation to absent parties to be settled by a surveyor to be appointed by two justices.
15 Surveyor acting corruptly to be guilty of a misdemeanor.
16 Valuation to be preserved and produced on demand.
17 Damage may be ascertained when works done.
18 In estimating damage regard to be had to advantages derived.
19 Where any agreement in restraint of building exists, regard to be had thereto in estimating compensation.
Payment and Application of Compensation in certain cases
20 Provision for payment and application of compensation money in certain cases.
21 On payment into court of compensation an addition to be made to meet future expenses.
22 Provision for payment into Court on failure for three months after compensation ascertained to deduce a title.
23 Orders concerning money paid into Court may be made at chambers.
Provisions as to Costs
24 Costs of and incident to agreements, &c. under this Act to be borne by Secretary of State &c.
25 Provision for costs when amount of compensation is determined by a jury or justices.
Apportionment and Release of Rents and Incumbrances
26 Provision for apportionment of rents and incumbrances.
27 Power to release land from rentcharge, &c.
28 Who competent to make apportionment, &c.
Powers to use the Lands Clauses Consolidation Act, 1845
29 Secretary of State may avail himself of powers of 8 & 9 Vict. c. 18.
Vesting of Lands to be taken absolutely in the Secretary of State and Power of immediate Entry
30 Lands taken to be vested in Secretary of State on behalf of Her Majesty.
31 Power to Secretary of State to enter immediately.
32 Interest to be payable until payment of compensation money.
Continuance of Liability to Tithe Rentcharge, Taxes, and Rates
33 Lands to continue subject to tithe rentcharge, taxes, and rates.
Restraints and Powers to attach on Lands required to be kept free from Buildings
34 Restrictions and powers with respect to lands required to be kept free from buildings.
35 Limitation of time for works under last preceding enactment.
Subsequent Compensation for Interests omitted to be purchased
36 Provision as to interest omitted to be purchased.
37 How value of such lands to be estimated.
38 Secretary of State to pay the costs of litigation as to such lands.
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to divert Highways, &c.
40 Power to divert highways, &c.
41 Power to alter the course of brooks, &c.
Miscellaneous Provisions
42 Payment of compensations.
43 Protection to Secretary of State.
44 Provision for enforcing delivery of possession.
45 Notices, &c. may be served on or given by the solicitor.
Amendment of the Defence Act, 1842
46 5 & 6 Vict. c. 94 amended as herein stated.
Interpretation.
47 Interpretation of terms.
48†Short titles of 5 & 6 Vict. c. 94, 18 & 19 Vict. c. 117 and this Act.

Defence Act 1860

1860 c.112

An Act to make better provision for acquiring Lands for the Defence of the Realm.

Annotations:
Modifications etc. (not altering text)
C1

Act applied by S.I. 1965/1536

C2

Preamble recites the necessity for acquiring land for certain defence works and the erection of a central depot or arsenal and the possible necessity for keeping neighbouring land free from obstructions and is omitted under authority of Statute Law Revision Act 1892 (c. 19)

C3

Words of enactment repealed by Statute Law Revision Act 1892 (c. 19)

C4

Acts cited or referred to by their short titles under authority of Statute Law Revision Act 1893 (c. 14), s. 3

C5

Power to apply Act with modifications conferred by Supply Powers Act 1975 (c. 9, SIF 57), s. 2, Sch. 1 Pt. I