Defence Act 1842

1. Introductory Text

2. 1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. 5. Lands, &c. purchased for the service of the ordnance, and all buildings, &c. thereon, vested in the principal officers.

4. 6. Lands to be hereafter taken, &c. to be vested in the same manner.

5. 7. †Terms assigned to attend the inheritance of lands, &c. holden for the ordnance to remain in same trustees on same terms.

6. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. 9. Principal officers may purchase lands, &c. and take leases on behalf of the Crown.

8. 10. Power given to bodies politic and others to treat.

9. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. 12. Lands, &c. may be sold, exchanged, or let.

11. 13. Purchase monies shall be paid to those whom the principal officers may direct.

12. 14. After purchase money paid, the purchaser to have full right and possession.

13. 15. Compensation to be made where equitable rights are established; but not to exceed the purchase money received by such principal officers.

14. 16. Principal officers may authorize persons to survey and mark out lands, and treat with owners for purchase thereof.

15. 17. Paths to be made in place of footpaths stopped up.

16. 18. Bodies politic may agree for the sale of lands, &c.

17. 19. In default of treating, or where the parties do not agree, the persons authorized by Her Majesty may require two justices, &c. to put Her Majesty’s officers in possession. Jury to be summoned to value the premises.

18. 20. Appeal may be made to the Court of Exchequer, &c. if either party is dissatisfied with the verdict of the jury.

19. 21. Jury may ascertain the proportion to be paid out of compensation for land to lessees, &c.

20. 22. Court to require the party to give security for costs.

21. 23. Lands not to be taken for the defence of the realm without consent of the owners unless in certain cases.

22. 24. Erections on lands taken for a temporary purpose to be removed before the lands are restored to the owner, and compensation shall be made for the injury done. In case of disagreement, how compensation shall be settled. Act not to affect any agreement between the parties.

23. 25. Purchase money payable to bodies politic, &c., how to be invested.

24. 26. Barons &c., of Exchequer, to make order for the investment of such purchase money.

25. 27. Investment of purchase money when less than 200l.

26. 28. Investment of purchase money when less than 20l.

27. 29. Stock and securities vested in remembrancer, &c. shall, in case of death or removal, vest in the successor.

28. 30. Persons in possession deemed entitled to the premises until the contrary shall be shown.

29. 31. For enrolment of deeds relating to lands, &c. in England and Wales.

30. 32. Deeds not required to be acknowledged,&c.

31. 33. Office copies of enrolments of such deeds, &c. admissible in evidence.

32. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33. 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34. 36. Principal officers empowered to give notices, make claims, and authorize entries, &c.

35. 37. Principal officers exempted from personal responsibility.

36. 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37. 39. Act not to vest property belonging to Her Majesty in the officers of the ordnance.

38. 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39. 41. Act not to vest any property belonging to the Prince of Wales in the officers of the ordnance.