Land Clauses Consolidation Act 1845

1. Introductory Text

2. Act to apply to all Undertakings authorized by Acts hereafter to be passed.

3. Interpretations in this Act:

4. II. Interpretations in this Act:

5. III. Interpretations in this and the special Act.

6. IV. Short Title of the Act.

7. V. Form in which Portions of this Act may be incorporated with other Acts.

8. Purchase of Lands by Agreement

   1. VI. Power to purchase Lands by Agreement.

   2. VII. Parties under Disability enabled to sell and convey.

   3. VIII. Parties under Disability to exercise other Powers.

   4. IX. Amount of Compensation in case of Parties under Disability to be ascertained by Valuation, and paid into the Bank.

   5. X. Where Vendor absolutely entitled. Lands may be sold on chief Rents.

   6. XI. Payment of Rents to be charged on Tolls.

   7. XII. Power to purchase Lands required for additional Accommodation.

   8. XIII. Authority to sell and repurchase such Lands.

   9. XIV. Restraint on Purchase from incapacitated Persons.

   10. XV. Municipal Corporations not to sell without the Approbation of the Treasury.

9. Purchase of Lands otherwise than by Agreement

   1. XVI. Capital to be subscribed before compulsory Powers of Purchase put in force.

   2. XVII. A Certificate of Two Justices to be Evidence that the Capital has been subscribed.

   3. XVIII. Notice of Intention to take Lands.

   4. XIX. Service of Notices on Owners and Occupiers of Lands.

   5. XX. Service of Notice on a Corporation Aggregate.

   6. XXI. If Parties fail to treat, or in case of Dispute, Question to be settled as after mentioned.

   7. XXII. Disputes as to Compensation where the Amount claimed does not exceed 50l. to be settled by Two Justices.

   8. XXIII. Compensation exceeding 50l. to be settled by Arbitration or Jury, at the Option of the Party claiming Compensation.

   9. XXIV. Method of proceeding for settling Disputes as to Compensation by Justices.

   10. XXV. Appointment of Arbitrator when Questions are to be determined by Arbitration.

   11. XXVI. Vacancy of Arbitrator to be supplied.

   12. XXVII. Appointment of Umpire.

   13. XXVIII. Board of Trade empowered to appoint an Umpire on Neglect of the Arbitrators, in case of Railway Companies.

   14. XXIX. In case of Death of single Arbitrator the Matter to begin de novo.

   15. XXX. If either Arbitrator refuse to act the other to proceed ex parte.

   16. XXXI. If Arbitrators fail to make their Award within Twenty-one Days the Matter to go to the Umpire.

   17. XXXII. Power of Arbitrators to call for Books, &c.

   18. XXXIII. Arbitrator or Umpire to make a Declaration.

   19. XXXIV. Costs of Arbitration how to be borne.

   20. XXXV. Award to be delivered to the Promoters of the Undertaking.

   21. XXXVI. Submission maybe made a Rule of Court.

   22. XXXVII. Award not void through Error in Form.

   23. XXXVIII. Promoters of the Undertaking to give Notice before summoning a Jury.

   24. XXXIX. Warrant for summoning Jury to be addressed to the Sheriff.

   25. XL. Provisions applicable to Sheriff to apply to Coroner.

   26. XLI. Jury to be summoned.

   27. XLII. Jury to be impannelled.

   28. XLIII. Sheriff to preside; Witnesses to be summoned.

   29. XLIV. Penalty on Sheriff and Jury for Default.

   30. XLV. Penalty on Witnesses making default.

   31. XLVI. Notice of Inquiry.

   32. XLVII. If the Party make default the Inquiry not to proceed

   33. XLVIII. Jury to be sworn

   34. XLIX. Sums to be paid for Purchase of Lands and for Damage, to be assessed separately.

   35. L. Verdict and Judgment to be recorded.

   36. LI. Costs of the Inquiry how to be borne.

   37. LII. Particulars of the Costs.

   38. LIII. Payment of Costs.

   39. LIV. Special Jury to be summoned at the Request of either Party.

   40. LV. Deficiency of Special Jurymen.

   41. LVI. Other Inquiries before same Special Jury, by Consent.

   42. LVII. Jurymen not to attend more than once a Year.

   43. LVIII. Compensation to absent Parties to be determined by a Surveyor appointed by Two Justices.

   44. LIX. Two Justices to nominate a Surveyor.

   45. LX. Declaration to be made by the Surveyor.

   46. LXI. Valuation, &c. to be produced to the Owner of the Lands, on Demand.

   47. LXII. Expences to be borne by Promoters.

   48. LXIII. Purchase Money and Compensation, how to be estimated.

   49. LXIV. Where Compensation to absent Party has been determined by a Surveyor, the Party may have the same submitted to Arbitration.

   50. LXV. Question to be submitted to the Arbitrators.

   51. LXVI. If further Sum awarded, Promoters to pay or deposit same with 14 Days.

   52. LXVII. Costs of the Arbitration.

   53. LXVIII. To be settled by Arbitration or Jury, at the Option of the Party claiming Compensation.

10. Application of Compensation

    1. LXIX. Purchase Money payable to Parties under Disability amounting to 200l. to be deposited in the Bank.

    2. LXX. Order for Application and Investment meanwhile.

    3. LXXI. Sums from 20l. to 200l. to be deposited or paid to Trustees.

    4. LXXII. Sums not exceeding 20l. to be paid to Parties.

    5. LXXIII. All Sums payable under Contract with Persons not absolutely entitled to be paid into Bank.

    6. LXXIV. Court of Chancery may direct Application of Money in respect of Leases or Reversions, as they may think just.

    7. LXXV. Upon Deposit being made, the Owners of the Lands to convey, or in default the Lands to vest in the Promoters of the Undertaking, upon a Deed Poll being executed.

    8. LXXVI. Where Parties refuse to convey, or do not show Title, or cannot be found, the Purchase Money to be deposited.

    9. LXXVII. Upon Deposit being made a Receipt to be given, and the Lands to vest upon a Deed Poll being executed.

    10. LXXVIII. Application of Monies so deposited.

    11. LXXIX. Party in possession to be deemed the Owner.

    12. LXXX. Costs in Cases of Money deposited.

11. Conveyances

    1. LXXXI. Form of Conveyances.

    2. LXXXII. Costs of Conveyances.

    3. LXXXIII. Taxation of Costs of Conveyances.

12. Entry on Lands

    1. LXXXIV. Payment of Price to be made previous to Entry, except to survey, &c.

    2. LXXXV. Promoters to be allowed to enter on Lands before Purchase, on making Deposit by way of Security, and giving Bond.

    3. LXXXVI. Upon Deposit being made Cashier to give Receipt.

    4. LXXXVII. Deposit to remain as a Security, and to be applied under the Direction of the Court.

    5. LXXXVIII. The Company may pay the Deposit Money into the Bank by way of Security during the Time that the Office of the Accountant General is closed.

    6. LXXXIX. Penalty on the Promoters of the Undertaking entering upon Lands without Consent before Payment of the Purchase Money.

    7. XC. Decision of Justices not conclusive as to the Right of the Promoters.

    8. XCI. Proceedings in case of Refusal to deliver Possession of Lands.

    9. XCII. Parties not to be required to sell Part of a House.

13. Intersected Lands

    1. XCIII. Owners of intersected Lands may insist on Sale.

    2. XCIV. Promoters of the Undertaking may insist on Purchase where Expence of Bridges, &c. exceeds the Value.

14. Copyholds

    1. XCV. Conveyance of Copyhold Lands to be enrolled.

    2. XCVI. Copyhold Lands to be enfranchised.

    3. XCVII. Lord of the Manor to enfranchise on Payment of Compensation.

    4. XCVIII. Apportionment of Copyhold Rents.

15. Common Lands

    1. XCIX. Compensation for Common Lands, where held of a Manor &c. how to be paid.

    2. C. Lord of the Manor, &c. to convey to the Promoters of the Undertaking, on receiving Compensation for his Interest.

    3. CI. Compensation for Common Lands where not held of a Manor how to be ascertained.

    4. CII. A Meeting of the Parties interested to be convened.

    5. CIII. Meeting to appoint a Committee.

    6. CIV. Committee to agree with the Promoters of the Undertaking.

    7. CV. Disputes to be settled as in other Cases.

    8. CVI. If no Committee be appointed, the Amount to be determined by a Surveyor.

    9. CVII. Upon Payment of Compensation payable to Commoners the Lands to vest.

16. Lands in Mortgage

    1. CVIII. Power to redeem Mortgages.

    2. CIX. Deposit of Mortgage Money on Refusal to accept.

    3. CX. Sum to be paid when Mortgage exceeds the Value of the Lands.

    4. CXI. Deposit of Money when refused on Tender.

    5. CXII. Sum to be paid where Part only of mortgaged Lands taken.

    6. CXIII. Deposit of Money when refused on Tender.

    7. CXIV. Compensation to be made in certain Cases, if Mortgage paid off before the stipulated Time.

17. Rent-charges

    1. CXV. Release of Lands from Rent-charges.

    2. CXVI. Release of Part of Lands from Charge.

    3. CXVII. Deposit in case of Refusal to release.

    4. CXVIII. Charge to continue on Lands not taken.

18. Leases

    1. CXIX. Where Part only of Lands under Lease taken the Rent to be apportioned.

    2. CXX. Tenants to be compensated.

    3. CXXI. Compensation to be made to Tenants at Will, &c.

    4. CXXII. Where greater Interest claimed than from Year to Year Lease to be produced.

    5. CXXIII. Limit of Time for compulsory Purchase.

19. Interests omitted to be purchased

    1. CXXIV. Promoters of the Undertaking empowered to purchase Interests in Lands the Purchase whereof may have been omitted by Mistake.

    2. CXXV. How Value of such Lands to be estimated.

    3. CXXVI. Promoters of the Undertaking to pay the Costs of Litigation as to such Lands.

20. Sale of superfluous Land

    1. CXXVII. Lands not wanted to be sold, or in default to vest in Owners of adjoining Lands.

    2. CXXVIII. Lands to be offered to Owner of Lauds from which they were originally taken, or to adjoining Owners.

    3. CXXIX. Right of Preemption to be claimed within Six Weeks.

    4. CXXX. Differences as to Price to be settled by Arbitration.

    5. CXXXI. Lands to be conveyed to the Purchasers.

    6. CXXXII. Effect of the Word " grant " in Conveyances.

    7. CXXXIII. Land Tax and Poor's Rate to be made good.

    8. CXXXIV. Service of Notices upon Company.

    9. CXXXV. Tender of Amends.

21. Recovery of Penalties

    1. CXXXVI. Penalties to be summarily recovered before Two Justices.

    2. CXXXVII. Penalties to be levied by Distress.

    3. CXXXVIII. Distress how to be levied.

    4. CXXXIX. Application of Penalties.

    5. CXL. Distress against the Treasurer.

    6. CXLI. Distress not unlawful for Want of Form.

    7. CXLII. Penalties to be sued for within Six Months.

    8. CXLIII. Penalty on Witnesses making default.

    9. CXLIV. Form of Conviction.

    10. CXLV. Proceedings not to be quashed for Want of Form.

    11. CXLVI. Parties allowed to appeal to Quarter Sessions on giving Security.

    12. CXLVII. Court to make such Order as they think reasonable.

    13. CXLVIII. Receiver of the Metropolitan Police District to receive Penalties incurred within his District.

    14. CXLIX. Persons giving false Evidence liable to Penalties of Perjury.

22. Access to special Act

    1. CL. Copies of special Act to be kept and deposited, and allowed to be inspected.

    2. CLI. Penalty on Company failing to keep or deposit.

    3. CLII. Act not to extend to Scotland.

    4. CLIII. Act may be amended this Session.

23. SCHEDULES referred to in the foregoing Act.

    1. SCHEDULE (A.)

    2. SCHEDULE (B.)

    3. SCHEDULE (C.)