LANDS CLAUSES ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Act to apply to all undertakings authorised by enactments hereafter to be passed

   3   Interpretation

   4   Interpretations in this and the special Statute

   5   Form in which portions of this Act may be incorporated with other Statute

   6   Purchase of lands by agreement

   7   Parties under disability enabled to sell and convey

   8   Parties under disability to exercise other powers

   9   Amount of compensation in case of parties under disability

   10   Where vendor absolutely entitled, lands may be sold on chief-rents

   11   Payment of rents to be charged on tolls

   12   Power to purchase lands required for additional accommodation

   13   Authority to sell and repurchase such lands

   14   Restraint on purchase from incapacitated persons

   15   Purchase of land otherwise than by agreement

   16   Certificate of Resident Magistrate evidence that capital has been subscribed

   17   Promoters to make owners and occupiers of lands full compensation

   18   Notice of intention to take lands

   19   Service of notice on owners and occupiers of lands

   20   Service of notice on a corporation aggregate

   21   If parties fail to treat or in case of dispute question to be settled as after mentioned

   22   Disputes as to compensation claimed

   23   Ten days' notice of intention to commence proceedings

   24   Party claiming compensation may commence proceedings accordance with sections 21 and 23

   25   In case of disputed compensation plaint to be entered

   26   Resident Magistrate to assess the purchase-money to be paid

   27   Judgments and orders to be recorded

   28   Fees, how chargeable

   29   Appeal to the Court of Appeal which shall have power to order a new trial

   30   Party claiming making default how compensation to be ascertained

   31   Sums to be paid for purchase of lands and for damage

   32   Costs of inquiry

   33   Particulars of costs

   34   Payment of costs

   35   Compensation to absent parties

   36   Resident Magistrate to nominate a surveyor

   37   Declaration to be made by the surveyor

      Form of declaration

   38   Valuation, etc, to be produced to the owner of the lands on demand

   39   Expenses to be borne by promoters

   40   Purchase-money and compensation

   41   When compensation to absent party has been determined

   42   Question to be submitted to the Resident Magistrate

   43   If further sum awarded promoters to pay or deposit same within fourteen days

   44   Costs of the proceedings

   45   Compensation claimed to be settled by the Resident Magistrate

   46   Application of compensation

      Purchase-money payable to parties under disability to be deposited in the Treasury.

   47   Order for application and investment meanwhile

   48   All sums payable under contract with persons not absolutely entitled to be paid into Treasury

   49   Supreme Court may direct application of money in respect of leases or reversions

   50   Upon deposit being made the owners of the lands to convey

   51   Where parties refuse to convey or do not show title or cannot be found

   52   Upon deposit being made a receipt to be given, and the land to vest

   53   Application of moneys so deposited

   54   Party in possession to be deemed the owner

   55   Costs in cases of money deposited

   56   Conveyance

   57   Costs of conveyances

   58   Taxation of costs of conveyances

   59   Payment of price to be made previous to entry, except to survey, etc

   60   Promoters to be allowed to enter on lands before purchase on making deposit by way of security, and giving bond

   61   Upon deposit being made the proper officer of the Treasury to give receipt

   62   Deposit to remain as a security, and to be applied under direction of the Court

   63   Penalty on the promoters of the undertaking entering upon lands without consent before payment of the purchase-money

   64   Decision of Justices not conclusive as to the right of the promoters

   65   Proceedings in case of refusal to deliver possession of lands

   66   Parties not to be required to sell part of a house

   67   Intersected lands

   68   Promoters of the undertaking may insist on purchase where expenses of bridges, etc, exceeds the value

   69   Lands subject to mortgage

   70   Deposit of mortgage money on refusal to accept

   71   Sum to be paid when mortgage exceeds the value of the lands

   72   Deposit of money when refused on tender

   73   Sum to be paid where part only of mortgaged lands taken

   74   Deposit of money when refused on tender

   75   Compensation to be made in certain cases if mortgage paid off

   76   Rent-charges. Release of lands from charges

   77   Release of part of lands from charge

   78   Deposit in case of refusal to release

   79   Charge to continue on lands not taken

   80   Where part only of land under lease taken, the rent to be apportioned

   81   Tenants to be compensated

   82   Compensation to be made to tenant at will, etc

   83   Where greater interest claimed than from year to year, lease to be produced

   84   Limit of time for compulsory purchase

   85   Interests omitted to be purchased

   86   How value of such lands to be estimated

   87   Promoters of the undertaking to pay the costs of litigation as to such lands

   88   Sale of superfluous lands

      Lands not wanted to be sold, or, in default, to vest in owners of adjoining lands.

   89   Lands to be offered to owner of lands from which they were originally taken, or to adjoining owners

   90   Right of pre-emption to be claimed within six weeks

   91   Differences as to price to be settled by the Resident Magistrate

   92   Lands to be conveyed to the purchasers

   93   Effect of the word "grant" in conveyance

   94   Service of notices upon company

   95   Tender of amends

   96   Procedure when Resident Magistrate interested

   97   Jurisdiction of Resident Magistrate's Court where land in two parishes

   98   Resident Magistrate to exercise jurisdiction in accordance with the Judicature (Resident Magistrates) Act

   99   Three Resident Magistrates to make rules

      Until rules come into operation Judge to regulate the practice of his Court under this Act.

   100   Recovery of penalties

   101   Distress against the treasurer

   102   Penalties to be sued for within six months

   103   Access to special Statute. Copies of special Statute to be kept and deposited and allowed to be inspected

   104   Penalty on promoters failing to keep or deposit copies of special Statute

   105   Accountant-General entitled to percentage

      SCHEDULES

 

THE LANDS CLAUSES ACT

[Date of Commencement: 27th June, 1872]

Cap 207.

Acts
33 of 1965,
6 of 1987.

1   Short title

   This Act may be cited as the Lands Clauses Act.

2   Act to apply to all undertakings authorised by enactments hereafter to be passed

   This Act shall apply to every undertaking authorised by any enactment which shall hereafter be passed and which shall authorise the purchase or taking of lands for such undertaking; and this Act shall be incorporated with such enactment, and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such enactment, shall apply to the undertaking authorised thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other enactment which shall be incorporated with such enactment, form part of such enactment, and be construed together therewith as forming one enactment.

3   Interpretation

   In this Act, and in enactments to be incorporated therewith-

   "the special Statute", used in this Act, shall be construed to mean any enactment which shall be hereafter passed, which shall authorise the taking of lands for the undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid;

   "prescribed", used in this Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Statute, and the sentence in which such word shall occur shall be construed as if, instead of the word "prescribed", the expression "prescribed for that purpose in the special Statute", had been used;

   "the works" or "the undertaking" shall mean the works or undertaking, of whatever nature, which shall by the special Statute be authorised to be executed;

   "the promoters of the undertaking" shall mean the parties, whether company, undertakers, commissioners, trustees, corporations, or private persons, by the special Statute empowered to execute such works or undertaking;

   "the Resident Magistrate's Court" shall mean the Resident Magistrate's Court for the parish within which the lands are situated.

4   Interpretations in this and the special Statute

   In this Act and the special Statute-

   "lands" shall extend to messuages, lands, tenements, and hereditaments of any tenure;

   "lease" shall include an agreement for a lease,

   "oath" shall include affirmation or other declaration lawfully substitute for an oath in the case of any person exempted by law from the necessity of taking an oath.

   Where under the provisions of this or the special Statute or any enactment incorporated therewith, any notice shall be required to be given to the owner of any lands, or where any act shall be authorised or required to be done with the consent of any such owner, the word "owner" shall be understood to mean any person or corporation who, under the provisions of this or the special Statute, would be enabled to sell and convey lands, to the promoters of the undertaking.

5   Form in portions of this Act may be incorporated with other enactment

   For the purpose of incorporating with enactments hereafter to be passed some portion only of the provisions of this Act, it shall be sufficient in any such enactment to enact that the clauses of this Act, with respect to the matter so proposed to be incorporated (describing such matter as it is described in this Act, in the words introductory to the enactment with respect to such matter or by enumerating the sections) shall be incorporated with such enactment, and thereupon all the clauses and provisions of this Act with respect to the matter so incorporated, shall, save so far as they shall be expressly varied or excepted by such enactment, form part of such enactment, and such enactment shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such enactment shall relate.

6   Purchase of lands by agreement

   With respect to the purchase of lands by agreement, subject to the provisions of this and the special Statute, it shall be lawful for the promoters of the undertaking to agree with the owners of any lands, by the special Statute authorised to be taken, and which shall be required for the purposes of such enactment, and with all parties having any estate or interest in such lands, or by this or the special Statute enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever.

7   Parties under disability enabled to sell and convey

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