- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Defence Act 1859 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
Textual Amendments
F1S. 1 repealed by Military Lands Act 1892 (c. 43), Sch.
Conveyances of land in England and Ireland to be purchased by [F2the Secretary of State for Defence] may be according to the form in the schedule (A.) to this Act, or as near thereto as the circumstances of the case admit; and all conveyances so made shall be effectual to vest the land thereby conveyed in [F2the Secretary of State for Defence] and his successors, and shall operate to bar and destroy all such estates tail, and other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever of and in the land comprised in such conveyances, as have been purchased or compensated for by the consideration given on the purchase; . . . F3
Editorial Information
X1A dagger appended to a marginal note means that it is no longer accurate.
Textual Amendments
F2Words substituted by S.I. 1964/488
F3Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
F4... conveyances of lands and heritages in Scotland to be purchased by [F5the Secretary of State for Defence] may be according to the form in the schedule (B.) to this Act, or as near thereto as the circumstances of the case admit; which F4... conveyances being duly executed and being registered in the . . . F6 register of sasines kept for the . . . F6 burgh, . . . F6 in which the lands and heritages are locally situated, or in the general register of sasines for Scotland kept at Edinburgh, within sixty days from the last date thereof, which the respective keepers of the said registers are hereby authorized and required to do, shall give and constitute a good and undoubted right, and complete and valid F4... title in all time coming, to [F5the Secretary of State for Defence] and his successors, to the lands and heritages therein described or referred to and intended to be thereby conveyed, any law or custom to the contrary notwithstanding F4...
Textual Amendments
F4Words in s. 3 repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F5Words substituted by S.I. 1964/488
F6Words repealed by Statute Law Revision Act 1892 (c. 19)
Modifications etc. (not altering text)
C1A dagger appended to a marginal note means that it is no longer accurate
Textual Amendments
F7S. 4 repealed by S.I. 1964/488
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Textual Amendments
F8 S. 5 repealed by S.I. 1991/724Schedule Part 1
When any lease or agreement of or concerning land in Ireland vested in [F9the Secretary of State for Defence] on behalf of Her Majesty is determined by expiration, notice, or forfeiture (except for nonpayment of rent), possession of such land may be recovered by or on behalf of [F9the Secretary of State for Defence] either as provided by section seventy-two of the M1Civil Bills Court (Ireland) Act, 1851, in the case of lands holden by a tenant at a rent not exceeding fifty pounds per annum, and the tenant’s interest wherein is determined, notwithstanding the rent payable under such lease or agreement may exceed that amount, and the provisions of the said Act shall be applicable accordingly, [F10or as provided by section fifteen of the M2Summary Jurisdiction (Ireland) Act, 1851, for the recovery of possession of houses in certain towns and villages; and such last-mentioned provision shall be applicable in all cases to the recovery of land in Ireland holden under any such lease or agreement as aforesaid where such lease or agreement is determined as aforesaid, wherever such land may be situate, and at and for whatever rent and term the same may be holden; and notwithstanding anything to the contrary in the said provision, the justices authorized to issue a warrant for giving possession may by such warrant authorize such possession to be given forthwith, or on or before such day as the justices may think fit, to name, and may, if they think fit, issue such warrant notwithstanding the tenant may be willing to give such undertaking as therein mentioned.]
Textual Amendments
F9Words substituted by S.I. 1964/488
F10Words repealed (N.I.) by S.I. 1978/1050 (N.I. 20), Sch. 10
Marginal Citations
Nothing in this Act shall extend to take away, lessen, or prejudice any powers, rights, or authorities which would or might have been vested in or exercised by [F11the Secretary of State for Defence] if this Act had not been passed.
Editorial Information
X2A dagger appended to a marginal note means that it is no longer accurate.
Textual Amendments
F11Words substituted by S.I. 1964/488
Textual Amendments
F12S. 8 repealed by Statute Law Revision Act 1892 (c. 19)
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