Sect. 16. money, upon payment thereof into the Bank of England as hereinbefore directed. Interests to be ascer commis sioners. (a) Now the Board of Agriculture (52 & 53 Vict. c. 30). 17. As soon as the said moneys shall have been paid into tained by the bank as aforesaid, the said Inclosure Commissioners, (a) or any assistant commissioner appointed or to be appointed by them for that purpose, shall proceed to ascertain, determine, and award the names of the parties who were entitled to such estates, rights, and interests in the said common and commonable lands, and the amount or value of their respective shares, rights, and interests therein, and the proportionate amount of the price so to be paid as aforesaid for such estates, rights, and interests to which each party so entitled as aforesaid is entitled, in respect of his share, right, or interest as aforesaid; and the award of the commissioners under their common seal, or assistant commissioner in writing under his hand and seal, shall be binding on all parties claiming such estates, rights, and interests as aforesaid; and for the purpose of ascertaining the rights and interests of such parties as aforesaid it shall he lawful for the said Inclosure Commissioners(a) or assistant commissioner to call such meetings as they or he shall think fit of all persons having or claiming any such rights or interests in the said common and commonable lands as aforesaid, at such time and place as the said commissioners or assistant commissioner shall think fit, so as the same shall be appointed by a public notice thereof in writing to be affixed at least twelve days before such meeting on the principal outer door of the parish church in which such land or any part is situate; and to be inserted in one of the public newspapers published or generally circulated in the county in which such land is situate; and at such meeting the said commissioners or assistant commissioner do and shall proceed to examine into and ascertain all and every the claims which shall be made or put forward in respect of any such rights or interests as aforesaid, and the relative and proportionate value of the estates, rights, and interests of any person or persons claiming to be Sect. 17. entitled thereto, and for that purpose do and may employ any valuer or surveyor, and call for and receive such records, deeds, and writings, and such other proof or evidence, as the said commissioners or assistant commissioner may think fit; and they and he are and is hereby authorised and required to take the testimony of any witnesses upon oath (which oath they and he are and is respectively hereby empowered to administer), or to take the affirmation of such witnesses in cases where affirmation is allowed by law instead of oath. (a) Now the Board of Agriculture (52 & 53 Vict. c. 30). commis. of the 18. All the costs and expenses of the said Inclosure Com- Costs of missioners (a) and assistant commissioner, and of any valuer sioners to or surveyor employed by them or him under the provisions be paid out herein before contained, shall, in the first place, be paid out of money such compensation moneys, and the residue of the said paid in, moneys shall be paid and divided between and amongst the residue said several parties to be named in the said award, and in the among the shares and proportions to be ascertained and set forth in such parties inaward. (a) The Board of Agriculture. and the divided terested. limited in only, the shares, if 201., shall 19. When it shall appear to the commissioners (a) or Where parties enassistant commissioner that any of the parties entitled to such titled are rights or interests are only entitled thereto for a limited entitled for interest, then it shall be lawful for them or him, by their or terests his award, to direct that the moneys to be paid in respect of such right or interest, where the same shall exceed twenty exceeding pounds, shall be paid to the trustees acting under the will, be paid to conveyance, or settlement under which such person having such limited interest shall be interested in such rights or interests, and where there are no trustees then into the hands of trustees to be appointed under the hands and seal of the commissioners, to be held by them on trusts similar to the uses or trusts to which such rights or interests had been immediately before the payment of such moneys into the trustees. Sect. 19. bank subject to, or as near thereto as the said commissioners or assistant commissioner can ascertain; and the receipts of any trustees to whom any such moneys shall be paid as aforesaid shall be good and sufficient discharges for the same: Provided always, that the payment of all such sums shall from time to time be subject to such rules and regulations, for the purpose of ensuring the payment thereof to the person or persons duly entitled to receive the same, as the said commissioners shall by any order direct. As to sums payable in 201. (a) The Board of Agriculture. 20. In all cases where the sum payable by virtue of such respect of award, in respect of any estate, right, or interest, shall not lands not exceed twenty pounds, and the person entitled to such estate, exceeding right, or interest shall be under any disability, or incapacity, such sum shall and may be paid to the guardian, committee, or husband of such person; and where any such person shall have a limited interest only in such estate, right, or interest, the whole of such sum shall and may, nevertheless, be paid to the person having such limited interest, to his or her guardian, committee, or husband, as the case may be. THE COAST-GUARD SERVICE ACT, 1856. 19 & 20 VICT. CAP. 83. An Act to provide for the better defence of the coasts of the realm, and the more ready manning of the navy, and to Besides the powers given by this Act, section 7 of the Lands Clauses Act, 1860, post, enables the Secretary of State for War to use all or any of the powers and provisions of the Lands Clauses Acts for the purchase or acquisition of lands wanted for the service of the Admiralty or War Department or for the defence of the realm. The powers given to the Admiralty by this Act do not, however, appear to be affected. held for guard in Ad 4. All lands held for the purposes of the existing coast- Sect. 4. guard service under the authority of any Act or otherwise, Lands and all other property whatsoever held, possessed, or used for existing the like purposes, shall, from and after such day as shall be coastnamed by the Commissioners of the Treasury as aforesaid, service to become and be vested in and be the property of the Commis- be vested sioners of the Admiralty, in trust for Her Majesty, Her heirs miralty. and successors, for the public service; and the Commissioners of the Admiralty may from time to time sell, exchange, or otherwise dispose of to such persons as they shall think fit any lands which may become vested in them under the authority of this Act, or in the exercise of the powers thereby given, and the moneys payable on or by reason of such sales, exchange, or disposal shall be paid to Her Majesty's Paymaster-General for the time being (or to such other person as the said Paymaster-General shall appoint), and the receipt of such Paymaster-General (or other person) endorsed on the conveyance or assignment shall be an effectual discharge. Lands. It is provided that lands shall include all lands, tenements, and hereditaments, and every estate, right, title, and interest therein, Sect. 4. but the definition will now be that given in the Interpretation Act, 1889, which unless the contrary intention appears, is the meaning to be given to lands in every Act passed after the year 1850. By that Act it is provided that "the expression 'land' shall include messuages, tenements, and hereditaments. houses, and buildings of any tenure See note "Lands" to section 3 of the Lands Clauses Act, 1845, ante, p. 7. lands for coast guard stations. Power to 5. The Commissioners of the Admiralty may from time Admiralty to acquire to time, by any writing under their hands, authorise any person to survey and mark out any lands not exceeding three acres, at or for any one coast-guard station which may be wanted for the purposes of the coast-guard service, with all necessary ways unto and from the same, and may authorise any person, by warrant, to treat and agree with the proper parties for the purchase of such lands, or the possession thereof; and the sections of the Act passed in the seventeenth year of the reign of Her present Majesty, chapter one hundred and seven, (a) numbered respectively from three hundred and thirty-six to three hundred and forty-five (each inclusive), and all sections of other Acts therein mentioned, shall be and are hereby incorporated with this Act; and whenever in any of the sections of any Act so. hereby incorporated the expression "the Commissioners of the Treasury," or the expression "the Commissioners of Customs," shall occur, each of such expressions shall for the purposes of this Act be deemed and taken to mean the Commissioners of the Admiralty, and whenever in any of such sections the expression "the officers of customs" shall occur, such expression shall for the purposes of this Act be deemed and taken to mean officers of the coast-guard. (a) That Act is the Customs Consolidation Act, 1853, ante, p. 426. |