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the sum of

SCHEDULES referred to in the foregoing Act.

SCHEDULE (A.)

'Form of Conveyance, (s. 81, ante, p. 246.)

of

in consideration of paid to me [or, as the case may be, into the Bank of England, or Bank of Ireland], in the name and with the privity of the Accountant-General of the Court of Chancery, ex parte "The promoters of the undertaking" [naming them, or to A. B. of and C. D. of

two trustees

appointed to receive the same], pursuant to the [here name_the special act], by the [here name the company or other promoters of the undertaking, incorporated [or constituted] by the said act, do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereto belonging, and all such estate, right, title, and interest in and to the same as I am or shall become seised, or possessed of, or am by the said act empowered to convey, to hold the premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said act. In witness whereof I have hereunto set my hand and seal, the

of

I

in the year of our Lord

SCHEDULE (A) OF THE SCOTCH ACT, (8. 80.)

of

day of

two

in consideration of the sum paid to me [or, as the case may be, into the Bank, (or, to A. B. of and C. D. of trustees appointed to receive the same)], pursuant to an act passed, &c., intituled, &c., by the [here name the company], incorporated by the said act, do hereby sell, alienate, dispone, convey, assign, and make over from me, my heirs and successors, to the said company, their successors and assignees, for ever, according to the true intent and meaning of the said act, all [describing the premises to be conreyed], together with all rights and pertinents thereto belonging, and all such right, title, and interest in, and to the same as I and my foresaids are or shall become possessed of, or are by the said act empowered to convey. [Here insert the conditions (if any) of the conveyance, and a registration clause for preservation and diligence, and a testing clause, according to the form of the law of Scotland.]

I

SCHEDULE (B.)

Form of Conveyance on Chief Rent, (s. 81, ante, p. 246.)

of

in consideration of the rentcharge to be paid to me, my heirs and assigns, as hereinafter mentioned, by "The promoters of the undertaking" [naming them]

8 & 9 VICT. c. 18.

Schedule (A.)

Schedule (A.)

Schedule (B.)

8 & 9 VICT. c. 18. incorporated [or constituted] by virtue of the [here name the special act], do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all my estate, right, title, and interest in and to the same and every part thereof, to hold the said premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said act, they the said company [or other description], their successors and assigns, yielding and paying unto me, my heirs and assigns, one clear yearly rent of by equal quarterly [or half-yearly, as agreed upon] portions, henceforth, on the [stating the days], clear of all taxes and deductions. In witness whereof I hereunto set my hand and seal, the day of in the year of our Lord

Schedule (B.)

Schedule (C.)

SCHEDULE (B) TO SCOTCH ACT, (s. 80.)

Form of Conveyance in consideration of feu-duty or rent-charge.

I of in consideration of the feuduty or rent to be paid to me, my heirs and assigns, as hereinafter mentioned, by the [here name the company], established and incorporated by virtue of an act, &c., do hereby dispone, convey, and make over from me, my heirs and successors, to the said company, their successors and assignees, for ever, according to the true intent and meaning of the said act, all [describing the premises to be conveyed], together with all rights and pertinents thereunto belonging, and all my right, title, and interest in and to the same and every part thereof, they the said company, their successors and assignees, yielding and paying unto me, my heirs and assignees, one clear annual feu-duty or rent of by equal half-yearly portions henceforth on the [stating the days. Here insert conditions of the conveyance, (if any,) and insert a registration clause for preservation and diligence, and a testing c'ause, according to the form of the law of Scotland.]

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us C., D., two of her Majesty's Justices of the Peace for the County
of
[here describe the offence generally, and the time and
place when and where committed, contrary to the [here name the
special act] Given under our hands and seals, the day and year
first above written.

C., D.

THE LANDS CLAUSES ACTS AMENDMENT

АСТ, 1860.

(23 & 24 VICT. CAP. 106.)

An Act to amend the Lands Clauses Consolidation Acts (1845) in regard to Sales and Compensation for Land by way of a rent-charge, annual feu-duty, or groundannual, 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.)

WHEREAS it is expedient to extend the provisions of the Lands Clauses Consolidation Acts, 1845, in regard to sales 8 & 9 Vict. c. 18. of land, or compensation for damages, in consideration of an annual rent-charge, annual feu-duty or ground-annual, 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 Act for the purchase of lands wanted for the service of the War Department or for the defence of the realm: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliamant assembled, and by the authority of the same, as follows:

recited act

I. So much of the tenth section of the Lands Clauses Part of s. 10 of Consolidation Act, 1845, as provides that, save in the case repealed. of lands of which any person is seised in fee or entitled to dispose absolutely for their own benefit, the consideration to be paid for any lands, or for any damage done thereto, shall be in a gross sum, is hereby repealed.

recited act as to

II. The power to sell and convey lands in consideration Ss. 10 and 11 of of an annual rent-charge provided by the tenth section of power to sell, &c., the said act, and the power to recover such rent-charge nual rent-charge

lands for an an

23 & 24 VICT.

c. 106.

and to recover,

provided by the eleventh section of the said act, are hereby extended to all cases of sale and purchase or compensation extended to all under the said act where the parties interested in such sale sales, &c., where 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.

parties are under disability.

Similar proviso

with regard to

s. 10 of 8 & 9 Vict. c. 19.

III. The power to sell and convey lands in consideration lands sold under of an annual feu-duty or ground-annual under the tenth section of the Lands Clauses Consolidation (Scotland) Act, 1845, and the power to recover such annual feu-duty or ground-annual, are hereby extended to all cases of sale or purchase or compensation under the said act, where the parties interested in such sale 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.

Amount of rentcharge to be

directed in the 9th section of recited acts.

IV. In every case of such sale or compensation by any settled in manner parties other than parties seised in fee or entitled to dispose absolutely of the lands so sold or damaged, the amount of such rent-charge, annual feu-duty or ground-annual, herein before mentioned, shall be settled in the manner directed in the ninth section of each of the said acts respectively: Provided, that the amount of such annual rentcharge, annual feu-duty or ground-annual, 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 rent-charge, annual feu-duty or ground-annual; and that no fine, foregift, grassum, 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 rent-charge, annual feu-duty or ground-annual, made payable for such lands: Provided also, that such rent-charge 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

Rent Charge-Purchase for Public Purposes.

311

C. 106.

conveyance thereof, and shall be a first charge on the tolls 23 & 24 VICT. and rates, if any, payable under the special act.

If lands pur

of rent-charge,

reduced proper

V. In case the promoters of the undertaking shall be empowered, by any act or acts relating thereto, to be chased by way passed after the passing of this act, to borrow money to an borrowing amount not exceeding a prescribed sum, then in the event powers to be of the promoters of the undertaking agreeing at any time tionally. after the passing of this act with any person under the powers of this act and of either of the acts hereinbefore mentioned, or of either of the said acts, only for the purchase of any lands in consideration of the payment of a rent-charge, annual feu-duty or ground-annual, the powers of the promoters of the undertaking for borrowing money shall be reduced by an amount equal to twenty years' purchase of any rent-charge, annual feu-duty or ground-annual, so for the time being payable.

c. 18, extended

public purposes.

VI. The clauses contained in "The Lands Clauses Con- Certain clauses solidation Act, 1845," relating to the purchase of lands in 8 & 9 Vict. by agreement, and to agreements for sale, and conveyances, to purchases of sales, and releases of any lands or hereditaments, or any land; &c. for estate or interest therein, by parties under disability, shall extend and be applicable to all purchases of land and hereditaments for public purposes which shall be hereafter made by the council of any city or borough, with the sanction of the Commissioners of Her Majesty's Treasury, under the powers for that purpose contained in "The Municipal Corporation Mortgages, &c., Act, 1860."

use the powers

takings by 8 & 9

VII. For the purchase or acquisition of any messuages, power to Secrelands, tenements, and hereditaments wanted for the ser- tary for War to vice of the Admiralty or of the War Department or for given to prothe defence of the realm, it shall be lawful for Her Ma- moters of under jesty's Principal Secretary of State for the War Depart- Vict. c. 18. ment for the time being to use all or any of the powers and provisions by the Lands Clauses Consolidation Act, 1845, and by the Lands Clauses Consolidation (Scotland) 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

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