Thames Conservancy. Improvement of Land Act, 1864. 81. This Act, or any Power conferred by this Act, or any Saving Rights Byelaw made or other Thing done under any such Power, shall of the Inner not take away, alter, interfere with, abridge, prejudice, or dero- and Middle gate from any Right, Title, Claim, Privilege, Franchise, Exemp- Temple. tion, Immunity, Possession, Profit, Power, or Authority which under the Thames Embankment Act, 1862, or any other Act 25 & 26 Vict. now in force, or any of the Provisions thereof respectively, the c. 93. Two Societies of the Inner Temple and the Middle Temple, or either of them, are or is entitled to, or, if this Act were not passed, might from Time to Time have, exercise, enjoy, or claim. of Works. 82. Nothing in this Act contained shall prejudice, lessen, affect, Saving Rights or interfere with the Powers, Rights, Authorities, and Privileges of the Metroof the Metropolitan Board of Works conferred on them by the politan Board Thames Embankment Act, 1862, and the Thames Embankment (South Side) Act, 1863, or any Act which may be passed in the present Session of Parliament for amending, altering, or extending the Powers of the last-mentioned Act, or with the Rights, Powers, Privileges, and Duties of the said Board under any Act or Acts of Parliament now in force relating to the Metropolitan Board of Works. SCHEDULE. Form of Proxy Paper. THE THAMES CONSERVANCY ACT, 1864. being entitled to Votes I, A.B. of at the Election of a Conservator, as Representative of Owners of Passenger Steamers [or as the Case may be], at the Election to be held in the Month of December 186 do by this Writing appoint C.D. of to be my Proxy to vote on my Behalf at that Election. Witness, X. Y., (Signed) A.B. CA P. CXIV. [29th July 1864.] The Improvement of Land Act, 1864. WHEREAS an Act was passed in the Twelfth and Thir teenth Years of Her present Majesty, intituled An Act 12 & 13 Vict. to promote the Advance of private Money for Drainage of c. 100. Lands in Great Britain and Ireland, and several Companies have been incorporated by Act of Parliament, with special Powers for promoting the Improvement of Land in Great 'Britain and Ireland, by Drainage and otherwise; and it is 'desirable to amend and consolidate the Law relating to the Improvement of Land by Owners of limited Interests, and to enable such Owners to charge their Lands with Money subscribed for the Construction of Railways and navigable Canals which will permanently increase the Value of such Lands' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Recited Act Improvement of Land Act, 1864. and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. The Act first above mentioned, being "The Private Money 12 & 13 Vict. Drainage Act, 1849," is hereby repealed, except so far as relates c.100.repealed. to any Proceedings on Applications pending under the said Act at the Date of the passing hereof, it being the Intention hereof that all such Proceedings shall be worked out under the said Act, and that all Charges to be made in consequence of any such Proceedings shall be made and operate under the said Act, which shall apply thereto as if this Act had never been passed: Provided also, that nothing herein contained shall affect any Charge made under the said Act before the passing hereof, or any Right or Obligation existing or which may arise in respect of any such Charge. And with regard to the Commissioners for the Execution of this Act, and other general Matters, be it enacted as follows: Commissioners, Landowners, &c. Interpretation of "the Commissioners." 1&2 W.4.c.33. 5 & 6 Vict.c.89. Provisions of 9 & 10 Vict. 2. By "the Commissioners" shall herein be meant, as regards Lands in Great Britain, the Inclosure Commissioners for England and Wales, and as regards Lands in Ireland, the Commissioners of Public Works in Ireland under an Act of the First and Second Years of His late Majesty King William the Fourth, intituled An Act for the Extension and Promotion of Public Works in Ireland, and an Act of the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act to promote Drainage of Lands, and Improvement of Navigation and Water Power in connexion with Drainage, in Ireland, and the several Acts amending the same respectively. 3. All the Provisions of the Act of the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act to c. 101., &c., to authorize the Advance of Public Money to a limited Amount to extend and be promote the Improvement of Land in Great Britain and Ireland applicable to Proceedings of by Works of Drainage, and of any and every other Act for the Commissioners. Time being in force relating to any of the aforesaid Commissioners, so far as the same may concern or be auxiliary to the Proceedings or Inquiries of the Commissioners under the Authority of such Acts or any of them, or the Authentication of Instruments, shall, except as in this Act otherwise provided, extend and be applicable to their Proceedings and Inquiries, and the Authentication of Instruments, under this Act. Assistant Com missioners may take Declarations, &c. 4. Every Assistant Commissioner or Inspector acting in any Matter, Inquiry, or Proceeding by the Authority and in the Execution of this Act may receive Declarations and Statements, and examine upon Declaration all such Persons as may voluntarily attend before him in such Matter, Inquiry, or Proceeding. 5. If any Person shall wilfully give false Evidence in any Persons giving Matter, Inquiry, or Proceeding under the Provisions of this Act, or shall make or subscribe a false Statement or Declaration for the Purposes of this Act, such Person shall, in England or Ireland, be deemed guilty of a Misdemeanor, and in Scotland of a Crime and Offence, and shall be punished accordingly. Punishment of false Evidence. As to Service of Notices on Commissioners. 6. Any Notice requiring to be served upon the Commissioners may be served by the same being left at or transmitted through the Post, directed to their Office in London. Improvement of Land Act, 1864. Notices on other Persons. 7. In all Cases in which it shall be necessary under the As to the Provisions of this Act to serve any Notice upon any other Services of Person, it shall be sufficient to send such Notice in a registered Post Letter, directed to such Person at his then or last known Place of Residence or of Business, unless the Letter containing such Notice shall be returned from the Post Office as undelivered; and if such Person shall not have any Place of Residence or of Business within Great Britain or Ireland, or if the Place of Business or of Residence of such Person cannot with due Diligence be ascertained, then such Notice may be served upon such other Person as his Representative, or be given in such other Manner as the Commissioners shall in such Case direct or approve. 8. The Word "Landowner" shall mean herein, as to Lands in Interpretation England, the Person who shall be in the actual Possession or of "LandReceipt of the Rents or Profits of any Land, whether of Free- owner." hold, Copyhold, Customary, or other Tenure, except where such Person shall be a Tenant for Life or Lives holding under a Lease for Life or Lives not renewable, or shall be a Tenant for Years holding under a Lease or an Agreement for a Lease for a Term of Years not renewable, whereof less than Twenty-five Years shall be unexpired at the Time of making any Application to the Commissioners, without regard to the real Amount of the Interest of any Person so excepted; and in the Case where the Person in the actual Possession or Receipt of the Rents or Profits of any Land shall fall within the above Exceptions, then the Person who for the Time being shall be in the actual Receipt of the Rent payable by the Person so excepted, unless he shall also fall within the above Exceptions, shall, jointly with the Person who shall be liable to the Payment thereof, be deemed for the Purposes of this Act to be the Owner of such Lands; and as to Lands in Scotland, the Word "Landowner" shall denote and include every Fiar, Liferenter, or Heir of Entail who shall be in the actual Possession of the Land, or in receipt of the Rents payable on the Tacks, Leases, or Tenancies of the Tenants in the actual Possession thereof ; and as to Lands in Ireland, the Word "Landowner" shall mean such Person as under the Act passed in the First and Second Years of the Reign of Her present Majesty, intituled An 1 & 2 Vict. Act to abolish Compositions for Tithes in Ireland, and to sub- c. 109. stitute Rentcharges in lieu thereof, shall have the first Estate of Inheritance, or other Estate or Interest equivalent to a perpetual Estate or Interest therein, and also any Tenant in Dower or by the Curtesy, or any Person having under the Limitations of any Settlement by Deed, Will, Act of Parliament, or otherwise any Estate for Life, or other particular Estate thereby created or limited out of or in any Estate of Inheritance, or by, out of, or in any such Estate or Interest as by or under the last-mentioned Act is to be deemed equivalent to a perpetual Estate or Interest; and as to Lands in any Part of the United Kingdom, the Word "Landowner" shall include a Corporation, and also such Persons as are empowered by the Twenty-third Section hereof. 66 9. By the Improvement of Land" shall herein be meant all Interpretation or any of the following Matters: of "Improve1. The ment of Land." Interpretation of "Person." Proceedings Improvement of Land Act, 1864. 1. The Drainage of Land, and the straitening, widening, deepening, or otherwise improving the Drains, Streams, and Watercourses of any Land: 2. The Irrigation and warping of Land: 3. The embanking and weiring of Land from the Sea or Tidal Waters, or from Lakes, Rivers, or Streams, in a permanent Manner: 4. The inclosing of Lands, and the straitening of Fences and Redivision of Fields: 5. The Reclamation of Land, including all Operations necessary thereto : 6. The making of permanent Farm Roads and permanent Tramways and Railways and navigable Canals for all Purposes connected with the Improvement of the Estate: 7. The clearing of Land: 8. The Erection of Labourers Cottages, Farmhouses, and other Buildings required for Farm Purposes, and the Improvement of and Addition to Labourers Cottages, Farmhouses, and other Buildings for Farm Purposes already erected, so as such Improvements or Additions be of a permanent Nature: 9. Planting for Shelter : 10. The constructing or erecting of any Engine-houses, Waterwheels, Saw and other Mills, Kilns, Shafts, Wells, Ponds, Tanks, Reservoirs, Dams, Leads, Pipes, Conduits, Watercourses, Bridges, Weirs, Sluices, Floodgates, or Hatches, which will increase the Value of any Lands for agricultural Purposes: 11. The Construction or Improvement of Jetties or Landing Places on the Sea Coast, or on the Banks of navigable Rivers or Lakes, for the Transport of Cattle, Sheep, and other agricultural Stock and Produce, and of Lime, Manure, and other Articles and Things for agricultural Purposes; provided that the Commissioners shall be satisfied that such Works will add to the permanent Value of the Lands to be charged to an Extent equal to the Expense thereof: 12. The Execution of all such Works as in the Judgment of the Commissioners may be necessary for carrying into effect any Matter herein-before mentioned, or for deriving the full Benefit thereof. 10. The Word "Person" shall in this Act include Companies and all other Corporations. And with regard to the Proceedings preliminary to the Sanction preliminary to of any Improvements, be it enacted as follows: Sanction of 11. When any Landowner shall be desirous of borrowing or Improvements. advancing Money under this Act for the Improvement of his Land, he shall make an Application to the Commissioners to sancApplication to Commissioners tion the proposed Improvements in such Manner and Form and to sanction stating such Particulars as the Commissioners shall from Time to Improvements. Time direct; and until the proposed Improvements shall have been sanctioned by the Commissioners in manner herein-after mentioned Improvement of Land Act, 1864. mentioned, the Application may be withdrawn or altered, or consolidated with any other Application, at the Pleasure of the Applicant, but without Prejudice to his Liability as herein-after mentioned for the Expenses incurred by the Commissioners or their Officers in consequence of his Application. 12. Any Two or more Landowners may, with the Consent of Joint Applicathe Commissioners, join in an Application to them to sanction the tion by several Landowners. Improvement of the Lands of such Landowners respectively, but the Sum to be charged in pursuance of any such joint Application shall be apportioned so that a separate and distinct Sum may become charged on the Land of each Landowner. 13. The Commissioners may from Time to Time frame and Commissioners circulate, as they shall see Occasion, Forms indicating the Par- may issue ticulars of the Information to be furnished to them by Landowners Forms; for the Purposes of this Act, and such other Forms as the Commissioners may deem expedient for facilitating any Proceedings under this Act. 14. The Commissioners may require Security to be given to requireSecurity them by the Landowner, by Bond, Deposit, or otherwise, in such for Expenses; Form as they may think fit, for the Payment to them of the Expenses which they or their Officers shall incur in respect of the Investigation on any Application, and, if they shall issue such provisional or other sanctioning Order as herein-after mentioned, of the Expenses which they or their Officers shall incur in inspecting and ascertaining the due Execution of the Works; but unless the Commissioners shall issue such absolute Order as herein-after mentioned, such Payment shall not be a Charge on the Land to which such Application relates, but shall be a Debt due by the Person making such Application to the Commissioners, and shall be recoverable by them as in the Nature of a Crown Debt. 15. If the Commissioners shall think fit to entertain the Appli- cause Applicacation so made to them, they may cause the Land to be inspected tion to be inand examined by an Assistant Commissioner, or an Engineer or vestigated; Surveyor, who shall have regard to and examine the Proposals and Statements contained in such Application, and shall report his Opinion thereon, and who shall also report whether in his Judgment the proposed Improvements will effect a permanent Increase of the yearly Value of the Land exceeding the yearly Amount proposed to be charged thereon in respect of the Improvements applied for; and the Commissioners may by themselves, or any Assistant Commissioner, Engineer, or Surveyor, make such other Inquiries in relation to any such Application as they shall think fit: Provided that the above Requisition as to increased annual Value shall not apply to any Outlay proposed to be made upon or in respect of planting only. and require 16. The Commissioners shall have Power to require such Alterations as they shall think expedient to be made in the proposed ImImprovements proposed, or in the proposed Mode of executing be modified. provements to them. 17. Before the Commissioners shall sanction any Improvements, Advertisements Notice shall be given of the Application as well by Advertisement and Notices inserted in Two successive Weeks in some Newspaper published preliminary to 27 & 28 VICT. E e in Sanction. |