Defence Act 1860
| Jurisdiction | UK Non-devolved |
| Citation | 1860 c. 112 |
| Year | 1860 |
(23 & 24 Vict.) C A P. CXII.
[28th August 1860]
'WHEREAS the Commissioners appointed by Her Majesty to inquire into the State, Condition, and Sufficiency of the Fortifications existing for the Defence of the United Kingdom have recommended the Construction of certain Works of Defence for the Protection of the Royal Arsenals and Dockyards and the Ports ofDover and Portland , and of certain other Works; and it will be necessary to acquire considerable Portions of Land for the Construction of such of the Works so recommended as Parliament has provided or shall provide Money for constructing, and also for the Election and Establishment of a Central Dept or Arsenal, and it may be necessary that certain Lands in the Vicinity of the said Fortifications and Works which may not be required for the Construction of any of the said Works should be kept free from Buildings and other Obstructions: And whereas it is expedient that the Powers herein-after contained should be given for effecting the Purposes aforesaid:' Be it therefore 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 Parliament assembled, and by the Authority of the same, as follows:
Ascertaining the Lands to be taken or to be kept free from Buildings.
I Lands to be taken and Lands to be kept free from Buildings to be ascertained, &c.
I. On or before the Thirty-first Day ofAugust One thousand eight hundred and sixty-one, the Lands required to betaken absolutely for the Construction of the said Works and Dept or Arsenal, and the Lands in the Vicinity of the Fortifications and Works aforesaid, which are required to be kept free from Buildings and other Obstructions shall be ascertained by a Declaration or Declarations to be at any Time, or from Time to Time, made and signed by Her Majesty's Principal Secretary of State for the War Department.
II Declaration of Secretary for War, what to show.
II. Every such Declaration shall specify and show, with the Aid of a Map or Plan thereto annexed, constructed on a Scale of not less than Six Inches to a Mile, the Lands to which the same relates, and shall distinguish what Lands are required to be taken absolutely and what Lands are required to be kept free from Buildings and other Obstructions.
III Restriction on taking certain Descriptions of Property.
III. Part only of any Garden, Orchard, Nursery Ground, Yard, Paddock, Plantation, planted Walk, or Avenue appurtenant to and used and enjoyed as such with any House before the affixing as hereinafter provided of Notice of any Declaration in relation thereto under this Act, shall not be taken from any Party if such Party be willing and able to sell the whole.
IV Copy of Declaration, &c. to be deposited with Clerks of the Peace, &c.
IV. The said Secretary of State shall, within Three Months after the making of any such Declaration, cause Copies thereof, and of the Map or Plan thereto annexed, to be deposited as herein-after mentioned; (that is to say,)
There shall be deposited at the Office of the Clerk of the Peace for every County in which any Lands to which any such Declaration relates are situate, a Copy of such Declaration, and of the Map or Plan thereto annexed:
There shall also be deposited with the Parish Clerk of every Parish inEngland , or in the Case of an Extra-parochial Place, with the Parish Clerk of some Parish immediately adjoining thereto, and with the Clerk of the Union within which any Parish is included in Ireland , a Copy of so much of every such Declaration, and of the Map or Plan thereto annexed, as relates to any Lands situate in such Parish or Extra-parochial Place.
V Clerks of the Peace, &c. to receive and hold Copies so deposited as under 7 W. 4. & 1 Vict. c. 83.
V. All Clerks of the Peace, Parish Clerks, and Clerks of Unions shall receive and retain the Copies deposited with them as aforesaid, and permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, as provided by an Act passed in the Session holden in the Seventh Year of KingWilliam the Fourth and First Year of Her Majesty, intituled An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament , with respect to Plans directed to be so deposited by the Standing Orders of either House of Parliament.
VI Notices to be affixed on Church Doors.
VI. The said Secretary of State shall, within Three Months after the making of any such Declaration as aforesaid, cause Notice thereof to be affixed in some public and conspicuous Situation, on the Outside of the outer Door or outer Wall near the Door of every Church and Public Chapel (including Places of Public Worship not belonging to the Established Church) in the Parishes or Places inEngland , or in the usual Places for posting Public Notices in the Baronies, Cities, Towns, or Boroughs in Ireland , wherein the Lands comprised in such Declaration respectively lie:
Such Notice shall state the Fact of such Declaration having been made as aforesaid under this Act, and the Places where Copies of the said Declaration and of the Map or Plan thereto annexed, so far as the same affect Lands in such respective Parishes or Places, Baronies, Cities, Towns, or Boroughs, have been deposited as herein-before required.
Notices of Lands required to be taken or to be kept free from Buildings.
VII Notices to Owners, &c. of Land.
VII. The said Secretary of State shall, within Six Months after the making of any such Declaration, cause such Notice or Notices in Writing as herein-after mentioned to be served in manner herein-after provided on the Owners or reputed Owners, Lessees or reputed Lessees, and Occupiers of the Lands to which such Declaration relates.
VIII Contents of such Notice.
VIII. Every such Notice shall specify the Lands required to be taken or to be kept free from Buildings and other obstructions (as the Case may be), and the Places where Copies of the Declaration relating thereto have been deposited as herein-before required:
Every such Notice shall also state that the said Secretary of State is willing to treat as to the Compensation to be paid for such Lands or (in the Case of Lands required to be kept free from Buildings) as to the Compensation to be paid for the Damage to be sustained by reason of the Restraints under this Act on the Exercise of the Right of Building and other Rights incident to the Ownership of such Lands, and by reason of the Execution under the Powers of this Act of any intended Works specified in such Notice:
And every such Notice shall demand from the Party to whom the same is given the Particulars of the Estate and Interest of such Party in the Lands, and of the Claims made by such Party in respect thereof, stating therein the Amount which such Party may be willing to receive as Compensation for his Estate and Interest, or for any Damage in respect thereof referred to in such Notice.
IX How Notices to be given.
IX. Every such Notice shall be served personally on the said Parties, or left at their last usual Places of Abode, if any such can after diligent Inquiry be found, and in case any of such Parties be absent from the United Kingdom, or cannot be found after diligent Inquiry, shall be addressed to such Party and left with the Occupier of the Lands, or, if there be no such Occupier, affixed upon some conspicuous Part of such Lands:
If any of such Parties be a Corporation Aggregate such Notice shall be left at the principal Office of such Corporation, or, if no such Office can after diligent Inquiry be found, such Notice shall be served on some principal Member, if any, of such Corporation, and a Duplicate of the Notice shall be addressed to such Corporation and left with the Occupier of the Lands, or, if there be no such Occupier, affixed upon some conspicuous Part of such Lands.
Determination of the Amount of Compensation by Agreement.
X Amount of Compensation may be determined by Agreement.
X. The Amount of Compensation to be paid for any Lands required to be taken, and the Amount of Compensation to be paid in respect of any Damage sustained by reason of such Restraints as aforesaid or by reason of the Execution of any Works in or over any Lands required to be kept free from Buildings, may be determined by Agreement between the said Secretary of State and all Parties having any Estate or Interest in such Lands respectively.
XI Corporations, Tenants for Life, Trustees, Committees, &c. empowered to agree.
XI. All Corporations and all Feoffees or Trustees for Charitable or other Purposes of any Lands required to be taken or to be kept free from Buildings, and all Tenants for Life and Tenants in Tail of any such Lands, and the...
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