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Improvement of Land Act 1864

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. 1.Recited Act 12 & 13 Vict. c. 100. repealed.

  3. Commissioners, Landowners, &c

    1. Interpretation of " the Commissioners."

      1. 2.By " the Commissioners " shall herein be meant, as...

    2. Provisions of 9 & 10 Vict. c.101., &c., to extend and be applicable to Proceedings of Commissioners.

      1. 3.All the Provisions of the Act of the Ninth and...

    3. Assistant Commissioners may take Declarations and examine Witnesses.

      1. 4.Every Assistant Commissioner or Inspector acting in any Matter, Inquiry,...

    4. Punishment of Persons giving false Evidence.

      1. 5.If any Person shall wilfully give false Evidence in any...

    5. As to Service of Notices on Commissioners.

      1. 6.Any Notice requiring to be served upon the Commissioners may...

    6. As to the Services of Notices on other Persons.

      1. 7.In all Cases in which it shall be necessary under...

    7. Interpretation of " Landowner."

      1. 8.The Word "Landowner" shall mean herein, as to Lands in...

    8. Interpretation of " Improvement of Land."

      1. 9.By " the Improvement of Land " shall herein be...

    9. Interpretation of "Person."

      1. 10.The Word " Person " shall in this Act include...

  4. Proceedings preliminary to Sanction of Improvements

    1. Application to Commissioners to sanction Improvements.

      1. 11.When any Landowner shall be desirous of borrowing or advancing...

    2. Joint Application by several Landowners.

      1. 12.Any Two or more Landowners may, with the Consent of...

    3. Commissioners may issue Forms.

      1. 13.The Commissioners may from Time to Time frame and circulate,...

    4. Require Security for Expenses.

      1. 14.The Commissioners may require Security to be given to them...

    5. Cause Application to be investigated.

      1. 15.If the Commissioners shall think fit to entertain the Application...

    6. And require proposed Improvements to be modified.

      1. 16.The Commissioners shall have Power to require such Alterations as...

    7. Advertisements and Notices preliminary to Sanction.

      1. 17.Before the Commissioners shall sanction any Improvements, Notice shall be...

    8. Power of Dissent by Persons interested, and Protection of Landowner's Infant Children.

      1. 18.In case any Person having any Estate in or Charge...

    9. The same in case of navigable Rivers and Canals.

      1. 19.If the Commissioners shall consider that any proposed Improvement would...

    10. Consents necessary in case of Church Lands.

      1. 20.When the Land to which the Application relates, or any...

    11. In case of Dissent, or when Landowner's Infant Children are to be protected, Court of Chancery or Session may authorize Commissioners to proceed.

      1. 21.If and when any Dissent from any such Application to...

    12. Service of Notice under preceding Clause.

      1. 22.Where any Party dissenting shall be out of the Jurisdiction...

    13. And Costs may be given by the Court.

      1. 23.The Costs of and incidental to every Application under the...

    14. Representation of Persons under Disability for Applications and Dissents under preceding Clauses.

      1. 24.All Husbands, Guardians, Tutors, Committees, Curators, Feoffees, Trustees, Judicial Factors,...

  5. Sanction of Improvements, and Rights thereunder

    1. Commissioners Order sanctioning Improvements.

      1. 25.If the Commissioners shall find that the proposed Improvements or...

    2. Forms of Orders sanctioning Improvements to be prepared by Commissioners ; what they must contain.

      1. 26.The Commissioners shall from Time to Time prepare Forms of...

    3. They may be called Provisional Orders, and may be assigned to Parties agreeing to execute Improvements.

      1. 27.Every Order operating under this Act alone to sanction any...

    4. Provision for Death of Landowner pending Completion of Improvements.

      1. 28.In case of the Death of any Landowner, or the...

    5. Provisional Orders may be modified.

      1. 29.The Commissioners may from Time to Time, on Application to...

  6. Execution of Improvements

    1. Detailed Specifications to be delivered in advance.

      1. 30.Before the Commencement of any Improvements sanctioned in manner aforesaid...

    2. And approved before Execution of Works.

      1. 31.The Specifications and Plans or Drawings aforesaid shall be examined...

    3. Adjoining Lands, or Easements over them, may be sold for Purpose of Improvements, and Conveniences over adjoining Lands for the Execution of Improvements contracted for.

      1. 32.All Persons interested in any Lands adjoining or near to...

    4. Works necessary to be made on adjoining Lands for Execution of Improvements may be made under certain Acts.

      1. 33.Whenever the Commissioners shall think that it may be expedient,...

    5. Provisional Order to protect from Impeachment of Waste, and to authorize getting Materials from Land, &c.

      1. 34.Every Provisional or Modifying Order shall be a full Authority...

    6. Saving Rights of the Crown.

      1. 35.Nothing in this Act contained shall authorize any Person to...

    7. Saving Rights of the Commissioners of Her Majesty's Works, &c.

      1. 36.Nothing in this Act contained shall authorize any Person to...

    8. Saving Rights of Duchy of Cornwall.

      1. 37.Nothing in this Act contained shall authorize any Person to...

    9. Saving Rights of Duchy of Lancaster.

      1. 38.Nothing in this Act contained shall authorize any Person to...

    10. Saving Rights of the Admiralty, and of the Board of Trade.

      1. 39.Nothing in this Act contained shall authorize any Person to...

    11. Plans to be deposited with Admiralty before commencing Works below High-water Mark.

      1. 40.With respect to any Harbour, Port, Bay, Estuary, or navigable...

    12. Landowner to pay Expenses of Survey ordered by Admiralty.

      1. 41.If at any Time or Times it shall be deemed...

    13. Saving Rights of Her Majesty's Principal Secretary of State for War.

      1. 42.Nothing in this Act contained shall authorize any Person to...

    14. Rights of Commissioners of Sewers saved.

      1. 43.Nothing in this Act contained shall take away, lessen, prejudice,...

    15. Works connected with Thames to be executed under Direction of Conservators of Thames.

      1. 44.All Works executed under the Authority of this Act in...

    16. . Metropolitan Board of Works, &c. protected.

      1. 45.Where any of the intended Works to be done under...

    17. Water Companies and Commissioners protected.

      1. 46.Nothing in this Act contained shall authorize any Person to...

    18. Rivers, Canals, &c. protected.

      1. 47.All Works executed under the Authority of this Act in...

    19. Commissioners may inspect Works.

      1. 48.The Commissioners shall, if and as they see Occasion, cause...

  7. Charges for Improvements

    1. Commissioners to execute Charge on Completion of Works, or of some Part thereof.

      1. 49.When the Commissioners are satisfied that the Improvements sanctioned by...

    2. Expenses of Application and certain Contracts may be included in Charge.

      1. 50.If the Landowner is desirous that the Inheritance or Fee...

    3. The Charges to be by way of Rentcharge created by Absolute Order.

      1. 51.Every Charge under this Act shall be created by way...

    4. And may be made according to Form in Schedule (B).

      1. 52.Charges under this Act shall be made according to the...

    5. Expenditure made under this Act may be charged under Acts of Improvement Companies.

      1. 53.Whenever, by Assignment, under the Twenty-sixth Section hereof or otherwise,...

    6. Improvement Companies may exercise the Powers of this Act, on conforming to its Procedure.

      1. 54.Any Company authorized by Act of Parliament to execute or...

    7. Absolute Order to be conclusive Evidence of Charge.

      1. 55.The Execution of the Absolute Order by the Commissioners shall...

    8. Registry of Rentcharges in Ireland, Middlesex, Yorkshire, and Scotland.

      1. 56.A Memorial of every Absolute Order of the Commissioners whereby...

    9. Landowner may borrow the Amount of certain Public Assessments, and charge same on Inheritance.

      1. 57.Whenever by or under the Provisions of any Act of...

    10. In Form specified, together with Costs of Application.

      1. 58.Such Absolute Order and Charge may be made in any...

    11. Grantee to have Charge for Principal Money from Time to Time unrepaid, with Priority over other Incumbrances.

      1. 59.From the Date of the Absolute Order, the Grantee thereof,...

    12. Charges to be Personal Property, but Money authorized to be invested on Real Security may be invested therein, or on Mortgages thereof.

      1. 60.Every Charge under this Act shall, as regards the Holder...

    13. Charges not to preclude Trustees from investing in Purchase or on Mortgage of Lands.

      1. 61.No Charge on Land made by any Absolute Order by...

    14. Proprietor of Scotch Entailed Estate may avail-himself of Act, and Rentcharge to be Charge on such Estate.

      1. 62.No Proprietor of an Entailed Estate in Scotland shall be...

    15. Rentcharges to be recoverable as Tithe Rentcharges or Feu Duties.

      1. 63.Every Rentcharge on Land by virtue of this Act may...

    16. Interest on Arrears of Rentcharges.

      1. 64.If any Rentcharge payable under this Act shall be in...

    17. Assignment of Charges.

      1. 65.The Grantee or other Person for the Time being entitled...

    18. Tenants for Life to keep down Rentcharges.

      1. 66.Every Landowner on whose Land a Charge shall have been...

    19. Tenant may deduct Rentcharge, unless he has agreed to pay it.

      1. 67.If any Tenant or Occupier at a Rent join in...

    20. Rentcharges may be apportioned, or Part of the Land charged released therefrom.

      1. 68.If at any Time Land charged under this Act, or...

    21. Form, Registry, and Effect of Orders of Apportionment and Release.

      1. 69.Every such Apportionment or Release shall be made by an...

    22. Charges apportioned, or from which Part of the Lands have been released, to be deemed original Charges.

      1. 70.Every Charge apportioned or released as aforesaid shall be recoverable...

    23. Several Charges may be dealt with in one Order of Apportionment or Release

      1. 71.Where any Lands are charged by more than One Absolute...

  8. Upholding Improvements

    1. Improvements to be upheld, and Condition thereof certified if required.

      1. 72.So long as any Land shall continue charged with any...

    2. Power to enter on neighbouring Lands for Repair of Works, making Compensation.

      1. 73.Every Person for the Time being bound to make the...

    3. Farmhouses, &c. to be insured ; Power to insure in case of Default.

      1. 74.When any Farmhouses, Farm Buildings, or Works susceptible of Damage...

    4. Inclosure Commissioners may compel Maintenance of Improvements.

      1. 75.If it shall be represented to the Commissioners that the...

    5. Inclosure Commissioners may give Relief from Maintenance of Improvements.

      1. 76.If it shall be represented to the Commissioners that it...

    6. Admiralty may remove Works abandoned or fallen into Decay.

      1. 77.If any Embankment or Work constructed under the Powers of...

  9. Subscription to Railways

    1. Conditions for Application to Commissioners.

      1. 78.In case any Landowner shall be desirous of subscribing for...

    2. Commissioners Proceedings on Application.

      1. 79.If the Commissioners shall think fit to entertain such Application,...

    3. Provisional Order sanctioning Charge.

      1. 80.If the Commissioners shall be satisfied that the Railway or...

    4. Companies empowered to lend.

      1. 81.Every Company empowered by Act of Parliament to lend Money...

    5. Commissioners Absolute Order and its Conditions.

      1. 82.When the Railway or Canal shall have been completed and...

    6. Form and Effect of Absolute Order.

      1. 83.Such Absolute Order shall be made in the Form in...

    7. Notice thereof to be entered in Register of Shareholders.

      1. 84.The Landowner shall forthwith give Notice to the Railway or...

    8. Person liable to pay Charge to be entitled for the Time being to the Shares.

      1. 85.From the Time of such Notice, and during the whole...

    9. And to have them stand in his own Name.

      1. 86.The Person so for the Time being entitled may at...

    10. Rights and Duties of Persons registered for the Time being in respect of the Shares.

      1. 87.With the Exception of such Transfers as may from Time...

    11. Entire Shares to belong to Parties in proportion to their Payments, and to be released to them from Time to Time.

      1. 88.Whenever any Person or those whom he legally represents as...

    12. Shares not claimed within Two Years from Expiration of Term to belong to Person bound to make last Payment of Charge.

      1. 89.The Shares composing the said Residue shall at the End...

    13. Inclosure Commissioners to cause a Table of Fees to be prepared and submitted to Treasury for Approval.

      1. 90.And whereas it is expedient that a Table or Tables...

    14. Officers to render Account of Fees received to the Treasury.

      1. 91.The said Inclosure Commissioners shall cause the Fees received by...

    1. Schedule A

      1. Provisional Order

    2. Schedule B

      1. Absolute Order

    3. Schedule C

      1. Assignment of a Charge

    4. Schedule D

      1. Form of Order for apportioning Charges

    5. Schedule E

      1. Form of Order for exempting Lands

    6. Schedule F

      1. Vesting Order

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