Improvement of Land Act 1864

1. Introductory Text

2. 1. Recited Act 12 & 13 Vict. c. 100. repealed.

3. Commissioners, Landowners, &c

   1. 2. Interpretation of " the Commissioners."

   2. 3. Provisions of 9 & 10 Vict. c.101., &c., to extend and be applicable to Proceedings of Commissioners.

   3. 4. Assistant Commissioners may take Declarations and examine Witnesses.

   4. 5. Punishment of Persons giving false Evidence.

   5. 6. As to Service of Notices on Commissioners.

   6. 7. As to the Services of Notices on other Persons.

   7. 8. Interpretation of " Landowner."

   8. 9. Interpretation of " Improvement of Land."

   9. 10. Interpretation of "Person."

4. Proceedings preliminary to Sanction of Improvements

   1. 11. Application to Commissioners to sanction Improvements.

   2. 12. Joint Application by several Landowners.

   3. 13. Commissioners may issue Forms.

   4. 14. Require Security for Expenses.

   5. 15. Cause Application to be investigated.

   6. 16. And require proposed Improvements to be modified.

   7. 17. Advertisements and Notices preliminary to Sanction.

   8. 18. Power of Dissent by Persons interested, and Protection of Landowner's Infant Children.

   9. 19. The same in case of navigable Rivers and Canals.

   10. 20. Consents necessary in case of Church Lands.

   11. 21. In case of Dissent, or when Landowner's Infant Children are to be protected, Court of Chancery or Session may authorize Commissioners to proceed.

   12. 22. Service of Notice under preceding Clause.

   13. 23. And Costs may be given by the Court.

   14. 24. Representation of Persons under Disability for Applications and Dissents under preceding Clauses.

5. Sanction of Improvements, and Rights thereunder

   1. 25. Commissioners Order sanctioning Improvements.

   2. 26. Forms of Orders sanctioning Improvements to be prepared by Commissioners ; what they must contain.

   3. 27. They may be called Provisional Orders, and may be assigned to Parties agreeing to execute Improvements.

   4. 28. Provision for Death of Landowner pending Completion of Improvements.

   5. 29. Provisional Orders may be modified.

6. Execution of Improvements

   1. 30. Detailed Specifications to be delivered in advance.

   2. 31. And approved before Execution of Works.

   3. 32. Adjoining Lands, or Easements over them, may be sold for Purpose of Improvements, and Conveniences over adjoining Lands for the Execution of Improvements contracted for.

   4. 33. Works necessary to be made on adjoining Lands for Execution of Improvements may be made under certain Acts.

   5. 34. Provisional Order to protect from Impeachment of Waste, and to authorize getting Materials from Land, &c.

   6. 35. Saving Rights of the Crown.

   7. 36. Saving Rights of the Commissioners of Her Majesty's Works, &c.

   8. 37. Saving Rights of Duchy of Cornwall.

   9. 38. Saving Rights of Duchy of Lancaster.

   10. 39. Saving Rights of the Admiralty, and of the Board of Trade.

   11. 40. Plans to be deposited with Admiralty before commencing Works below High-water Mark.

   12. 41. Landowner to pay Expenses of Survey ordered by Admiralty.

   13. 42. Saving Rights of Her Majesty's Principal Secretary of State for War.

   14. 43. Rights of Commissioners of Sewers saved.

   15. 44. Works connected with Thames to be executed under Direction of Conservators of Thames.

   16. 45. . Metropolitan Board of Works, &c. protected.

   17. 46. Water Companies and Commissioners protected.

   18. 47. Rivers, Canals, &c. protected.

   19. 48. Commissioners may inspect Works.

7. Charges for Improvements

   1. 49. Commissioners to execute Charge on Completion of Works, or of some Part thereof.

   2. 50. Expenses of Application and certain Contracts may be included in Charge.

   3. 51. The Charges to be by way of Rentcharge created by Absolute Order.

   4. 52. And may be made according to Form in Schedule (B).

   5. 53. Expenditure made under this Act may be charged under Acts of Improvement Companies.

   6. 54. Improvement Companies may exercise the Powers of this Act, on conforming to its Procedure.

   7. 55. Absolute Order to be conclusive Evidence of Charge.

   8. 56. Registry of Rentcharges in Ireland, Middlesex, Yorkshire, and Scotland.

   9. 57. Landowner may borrow the Amount of certain Public Assessments, and charge same on Inheritance.

   10. 58. In Form specified, together with Costs of Application.

   11. 59. Grantee to have Charge for Principal Money from Time to Time unrepaid, with Priority over other Incumbrances.

   12. 60. Charges to be Personal Property, but Money authorized to be invested on Real Security may be invested therein, or on Mortgages thereof.

   13. 61. Charges not to preclude Trustees from investing in Purchase or on Mortgage of Lands.

   14. 62. Proprietor of Scotch Entailed Estate may avail-himself of Act, and Rentcharge to be Charge on such Estate.

   15. 63. Rentcharges to be recoverable as Tithe Rentcharges or Feu Duties.

   16. 64. Interest on Arrears of Rentcharges.

   17. 65. Assignment of Charges.

   18. 66. Tenants for Life to keep down Rentcharges.

   19. 67. Tenant may deduct Rentcharge, unless he has agreed to pay it.

   20. 68. Rentcharges may be apportioned, or Part of the Land charged released therefrom.

   21. 69. Form, Registry, and Effect of Orders of Apportionment and Release.

   22. 70. Charges apportioned, or from which Part of the Lands have been released, to be deemed original Charges.

   23. 71. Several Charges may be dealt with in one Order of Apportionment or Release

8. Upholding Improvements

   1. 72. Improvements to be upheld, and Condition thereof certified if required.

   2. 73. Power to enter on neighbouring Lands for Repair of Works, making Compensation.

   3. 74. Farmhouses, &c. to be insured ; Power to insure in case of Default.

   4. 75. Inclosure Commissioners may compel Maintenance of Improvements.

   5. 76. Inclosure Commissioners may give Relief from Maintenance of Improvements.

   6. 77. Admiralty may remove Works abandoned or fallen into Decay.

9. Subscription to Railways

   1. 78. Conditions for Application to Commissioners.

   2. 79. Commissioners Proceedings on Application.

   3. 80. Provisional Order sanctioning Charge.

   4. 81. Companies empowered to lend.

   5. 82. Commissioners Absolute Order and its Conditions.

   6. 83. Form and Effect of Absolute Order.

   7. 84. Notice thereof to be entered in Register of Shareholders.

   8. 85. Person liable to pay Charge to be entitled for the Time being to the Shares.

   9. 86. And to have them stand in his own Name.

   10. 87. Rights and Duties of Persons registered for the Time being in respect of the Shares.

   11. 88. Entire Shares to belong to Parties in proportion to their Payments, and to be released to them from Time to Time.

   12. 89. Shares not claimed within Two Years from Expiration of Term to belong to Person bound to make last Payment of Charge.

   13. 90. Inclosure Commissioners to cause a Table of Fees to be prepared and submitted to Treasury for Approval.

   14. 91. Officers to render Account of Fees received to the Treasury.

10. SCHEDULES to which the foregoing Act refers.

    1. SCHEDULE (A.)

    2. SCHEDULE (B.)

    3. SCHEDULE (C.)

    4. SCHEDULE (D.)

    5. SCHEDULE (E.)

    6. SCHEDULE (F.)