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LLOYD'S SIGNAL STATIONS ACT 1888 - SECT 3

Incorporation of Lands Clauses Acts.

3.(1) With a view to the purchase of land for the purposes of this Act the
Lands Clauses Acts, except the provisions relating to access to the special
Act, and except any provisions inconsistent or not applicable to the objects
and purposes of this Act, shall be incorporated in this Act, and in construing
the Lands Clauses Acts for the purposes of this Act this Act and any Act
confirming an order made in pursuance of this Act shall be deemed to be the
special Act, and the Society shall be deemed to be the promoters of the
undertaking, and the word "land" shall include easements and rights in and
over land.

(2) The Society, before putting in force any of the powers of the Lands
Clauses Acts with respect to the purchase and taking of land otherwise than by
agreement, shall

(A)Publish once at the least in each of three consecutive weeks in the course
of the months of September, October, and November in some one and the same
newspaper circulating in the locality an advertisement describing shortly the
object for which the land is proposed to be taken, naming a place in the
neighbourhood of the land proposed to be taken where a plan of the land may be
seen at all reasonable hours, and stating the quantity of the land; and

(B)During the month next following the month in which the last of the
advertisements is published, serve a notice in manner mentioned in this
section on every owner or reputed owner, lessee or reputed lessee, and
occupier of the land, so far as such owners, lessees, and occupiers can be
reasonably ascertained, defining in each case the land intended to be taken,
and requiring an answer stating whether the person so served assents,
dissents, or is neuter in respect to the taking of the land.

(3)(i) Service of a notice on a person may be made by delivery of the notice
to him personally or by leaving the notice at his usual or last known place of
abode, or by forwarding it by post in a registered letter addressed to his
usual or last known place of abode.

(ii) A notice required to be served on a number of persons having any right in
common in, over, or on land, may be served on any three or more of those
persons on behalf of all of such persons, and should there be any bailiff,
steward, reeve, or other duly appointed officer or trustee of or charged with
the care or management of such land on behalf of such persons, notice shall
also be served on such bailiff, steward, reeve, or other officer or trustee.

(iii) Where a notice is served by registered letter, it shall be deemed to
have been served at the time when the letter containing the same would be
delivered in the ordinary course of post, and the production of the post
office receipt for such letter duly stamped shall be sufficient evidence of
the due delivery of such letter, provided it shall appear that the same was
sufficiently and properly directed, and that the same was not returned by the
post office as undelivered.

(iv) Where a person required to be served is absent abroad or cannot be found,
the notice may be served on his agent.

(4) Upon compliance as respects any land with the provisions contained in this
section with respect to advertisements and notices, the Society may, if they
think fit, present a petition to the Board of Trade. The petition shall
describe the land, and state the purposes for which it is required, and the
names of the owners and lessees or reputed owners or lessees, and occupiers of
land who have assented, dissented, or are neuter in respect of the taking of
the land, or who have returned no answer to the notice, and shall pray for an
order authorising the Society with reference to the land to put in force the
powers of the Lands Clauses Acts with respect to the purchase and taking of
land otherwise than by agreement, and shall be supported by such evidence as
the Board of Trade may require.

(5) If, on consideration of the petition and proof of the publication of the
proper advertisements and service of the proper notices, the Board of Trade
think fit to proceed with the case, they may, if they think fit, appoint some
person to inquire in the locality in which the land is situate respecting the
propriety of making the order prayed for, and also direct that person to hold
a public inquiry, and if a public inquiry is held, the person holding the same
shall have the same powers as an inspector appointed under the Merchant
Shipping Act, 1854 and the Acts amending the same.

(6) After such consideration and proof, and if there is an inquiry after
receiving the report made upon such inquiry, the Board of Trade may make a
provisional order authorising the Society to put in force with reference to
the land referred to in the petition, or such part thereof as is described in
the order, the powers of the Lands Clauses Acts with respect to the purchase
and taking of land otherwise than by agreement or any of them, and that either
absolutely or with such conditions and modifications as they may think fit,
and it shall be the duty of the Society to serve a copy of any order so made
in the manner and on the persons in which and on whom notices in respect of
the land to which the order relates are required by this Act to be served.

(7) A provisional order so made shall not be of any validity unless the same
has been confirmed by Act of Parliament; and it shall be lawful for the Board
of Trade as soon as conveniently may be to obtain such confirmation. If, while
the Bill confirming any such order is pending in either House of Parliament, a
petition is presented against the order, the Bill so far as it relates to the
order may be referred to a Select Committee, and the petitioner shall be
allowed to appear and oppose as in the case of private Bills, and the Act
confirming the order shall be deemed to be a public general Act of Parliament.

(8) An order made in pursuance of this section when confirmed by Parliament
with such modifications as seem fit to Parliament shall have full effect.

(9) The Board of Trade in case of refusing or modifying the order prayed for
may make such order as they think fit for the allowance of the reasonable
costs, charges, and expenses which any person whose land was proposed to be
taken has properly incurred in opposing the order.

(10) All costs, charges, and expenses incurred by the Board of Trade in
relation to any order or proposed order under this section, and all costs,
charges, and expenses of any persons which are so allowed by the Board of
Trade as aforesaid, shall be a charge on the funds of the Society and be paid
to the Board of Trade and to that person respectively by the Society within
fourteen days after demand.

(11) Any land purchased in pursuance of any order under this section confirmed
by Act of Parliament shall be purchased within one year after the passing of
such Act.

(12) The provisions of this Act with respect to the purchase of land by the
Society shall extend to the purchase of land of which the Society are lessees
or occupiers in like manner as if another person were for the time being
lessee or occupier of the land, save that the provisions with respect to the
notices to and the assent or dissent of and the service of a copy of the order
on lessees and occupiers shall not apply so far as respects the Society, and
save that after an order under this section for purchasing the land is
confirmed by Parliament the Society may give notice to and purchase the
estate, right, or interest of some one or more only of the parties interested
in the land, but in that case they shall, if any other of such parties by
notice in writing so requires them, purchase the estate, right, or interest in
the land of that party.

© 1888 Crown Copyright

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