Lands Improvement Company's Act 1853

JurisdictionUK Non-devolved
Citation1853 c. cliv
Year1853
ANNO DECIMO SEXTO & DECIMO SEPTIMO
VICTORIA REGIN.E
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Cap.
cliv.
An Act for incorporating* the Lands Improvement
Company, and to afford Facilities for the Im-
provement of Land by enabling' the Company to
issue transferable Mortgage Debentures.
[4th August 1853.]
w
HEREAS the Improvement, Conversion, and Reclamation
of Lands, by draining, irrigation, warping, embanking,
inclosing, the making of Roads, the Erection of Farm
Buildings, trenching, clearing, and planting, for the Purpose of
Shelter and otherwise, will materially benefit Agriculture, and be of
great public Advantage: And whereas Frederick Twynam, Richard
Griffiths Welford, Hewitt Davis, William Richmond, Edward Parker
Shute, Arthur Goodrich, and Frederick West are willing, with others.
to undertake and assist in the Execution of such Improvements, and
it is expedient to incorporate them as a Company, with such Powers
and Authorities as are by this Act granted, and that such Provisions
for facilitating the Execution of such Improvements in England and
Wales and in Scotland, and for carrying into effect the Purposes of
the said Company, as are herein-after contained, should be made;
but these Objects cannot be effected without the Authority of Par-
liament
:
May it therefore please Your Majesty that it may be enacted;
[Local.] 29 G and
2602 16° & 17° VICTORIA, Gip.cliv.
The Lands Improvement Company s Act, 1853
and 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 Parliament assembled, and by the
Authority of the same, as follows :
Short Title. I. In citing this Act for any Purpose whatsoever it shall be sufficient
to use the Expression
%"
The Lands Improvement Company's Act,
1853."
Certain
Provisions
of8&9
Vict. cc. 16.
18.
and 19.
incorporated
with this
Act.
Certain
Provisions
of 10 & 11
Vict. c. 17.
incorporated
with this
Act.
Interpreta-
tion of
Terras in
this Act.
II.
"The Companies Clauses Consolidation Act, 1845," and the
Provisions of " The Lands Clauses Consolidation Act, 1845," and
of "The Lands Clauses Consolidation (Scotland) Act, 1845," so far
as the same apply to the Purchase or taking of Lands by voluntary
Agreement, shall apply to and be incorporated with this Act; and
the Word " Owner" in the Two last-mentioned Acts respectively
shall, in applying the Provisions of those Acts to this Act, be read as
denoting " Landowner" as used in this Act; and the Expression
*«
the
Promoters of the Undertaking," used in those Acts, shall, in applying
the aforesaid Provisions in respect of such Purchase or taking of
Lands, be read as denoting the Company hereby incorporated,
III.
The several Provisions of "The Waterworks Clauses Act,
1847,"
"with respect to the Construction of the Waterworks," and
" with respect to the Construction of Works for the Accommodation
of Lands adjoining the Waterworks," and " with respect to Mines,"
and " with respect to the breaking up of Streets for the Purpose of
laying Pipes," shall be incorporated with this Act, and shall apply
to such Improvements and Works accordingly; and the Expression
" the Undertakers," in that Act, shall, in applying such Provisions to
this Act, be read as denoting the Company hereby incorporated.
IV. In the Construction of this Act the following Words and
Expressions, unless there be something in the Subject or Context
repugnant to such Construction, shall have the following Meanings
assigned to them respectively; that is to say,
The Expression "the Company" shall denote the Company hereby
incorporated:
The Expression "the Inclosure Commissioners" shall denote the
Inclosure Commissioners for England and Wales:
The Expression " the Board of Trade" shall denote the Lords of the
Committee of Her Majesty's Privy Council for the Consideration
of all Matters of Trade and Plantations :
The Word " Landowner" shall, as to Lands in England or
Wales>
denote the Person who shall be in the actual Possession or Receipt
of the Rents or Profits of any Lands (except any Tenant for Life
or Lives or for years holding under a Lease or Agreement for a
Lease
16° & 17° VICTORIA
Cap.
cliv. 2603
The Lands Improvement Company9s Act, 1853.
Lease on which a Rent of not less than Two Thirds of the clear
yearly Value of the Premises comprised therein shall have been
reserved, and except any Tenant for Years whatsoever holding
under a Lease or Agreement for a Lease for a Term not renewable,
of which Twenty-five Years at least shall not be unexpired at the
Time of making any Contract with the Company for Improvement,
as herein-after mentioned, and that without regard to the real
Amount of Interest of such Person; and in every Case in which
any Lands shall have been leased or agreed to be leased to any
Person for Life or Lives, or for Years, by any Lease or Agreement
for a Lease on which a Rent less than Two Thirds of the clear
yearly Value of the Premises comprised therein shall have been re-
served, or of which the unexpired Term shall be at least Twenty-
five Years from the Time of making any such Contract as aforesaid,
or which is renewable at the Option of the Lessee, the Person who
shall for the Time being be in the actual Receipt of the Rent
reserved upon such Lease or Agreement for a Lease "shall, jointly
with the Person who shall be liable to the Payment of such Rent,
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 or include every Fiar, Life Renter, Heir of Entail,
Husband of a married Woman seised in her own Right, Tutor,
Curator, and other Guardian for any Infant, Minor, Lunatic or
Idiot, fatuous or furious Person, and every Trustee, which Persons
respectively shall be in the actual Possession of the Land, or in the
Receipt of the Rents payable on the Tacks, Leases, or Tenancies
of the Tenants in the actual Possession
thereof:
The Word a Person " shall denote and include any Body Corporate,
whether aggregate or sole, and whether lay, ecclesiastical, or col-
legiate, as well as an Individual:
The Improvements which may be made under the Provisions of this
Act shall be in respect of One or more of the following Matters ;
(that is to say,)
1.
The Drainage of any Lands by any such Means as the Inclo-
sure Commissioners shall approve:
F
2.
Irrigation and warping of Land :
3.
Embanking of Land from the Sea or Tidal Waters or Rivers
in a permanent Manner :
4.
Inclosing any Land, or improving Drains, Streams, or Water-
courses of the Land, under the Inclosure Commissioners :
5.
Reclamation of Land lying waste :
6. Making Farm Roads, to the Extent of One Half of the Out-
lay for such Roads:
7.
Clearing Lands:
8. Erection of Farmhouses and other Buildings required for
Farm

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