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Duchy of Lancaster Lands Act 1855

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Duchy of Lancaster Lands Act 1855

1855 CHAPTER 58

An Act to better enable the Chancellor and Council of the Duchy of Lancaster to sell and purchase Land on behalf of Her Majesty, Her Heirs and Successors, in right of the said Duchy of Lancaster.

[16th July 1855]

WHEREAS it is expedient that the Chancellor and Council of the Duchy of Lancaster should be better enabled to sell Land belonging to the said Duchy which in the Judgment of the said Chancellor and Council shall be deemed not convenient to be held with other Possessions of the said Duchy, and to purchase Land which in the like Judgment shall be deemed convenient to be held with other Possessions of the said Duchy :

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

IChancellor and Council of Duchy of Lancaster enabled to sell and convey Land.

The Chancellor and Council of the Duchy of Lancaster for the Time being may from Time to Time contract and agree with any Person or Persons, or Body or Bodies Politic, Corporate, of Collegiate, for the Sale of and may absolutely make Sale and dispose of, for such Sum or Sums of Money as to the said Chancellor and Council shall appear a sufficient Consideration for the same, any Land belonging to Her said Majesty, Her Heirs or Successors, in right of the said Duchy, which in the Judgment of the said Chancellor and Council shall not be deemed convenient to be held with other Possessions of the said Duchy ; and upon Payment of the Purchase Monies as hereinafter provided the said Chancellor and Council may grant and assure to the Purchaser or Purchasers, under the Seal of the said Duchy, in the Name of Her Majesty, Her Heirs or Successors, the Land agreed to be sold ; and every such Grant or Assurance may be according to the Form marked X. set forth in the Schedule to this Act annexed, or in any other Form which may be deemed more convenient ; and every such Grant or Assurance, being enrolled in the Court of the Duchy Chamber of Lancaster within Six Calendar Months from the Date thereof, shall be valid and sufficient to pass all the Right and Interest of Her said Majesty, Her Heirs or Successors, in and to the Land to which such Grant or Assurance shall relate, anything contained in the Act of Parliament passed in the First Year of the Reign of Her Majesty Queen Anne, Chapter Seven, or in any other Act, to the contrary in anywise notwithstanding.

IIPurchase Monies for Land sold to be paid to Receiver General of Duchy, and invested or applied as herein mentioned.

The Purchase Monies for Land sold by the said Chancellor and Council, under the Authority of this Act, shall be paid into the Hands of the Receiver General of the Revenues of the said Duchy, or of his sufficient Deputy or Deputies, and Receipts shall be given by him or them for the same, and the same either shall and may be invested in the Purchase of Bank Annuities, according to the Powers and Provisoes contained or referred to in the Act of Parliament passed in the Forty-eighth Year of the Reign of His late Majesty King George the Third, Chapter Seventy-three, with respect to the Purchase Money to be paid for Property belonging to the Crown within the Survey and Receipt of the said Duchy, under the therein-recited Acts, or the same or any Part thereof may, either without any previous Investment or after such, and either alone or together with any other Monies or Funds for the Time being belonging to the said Duchy of Lancaster, be laid out, according to the Provisions of the Act of Parliament passed in the Fifty-seventh Year of the Reign of His said Majesty King George the Third, Chapter Ninety-seven, or in the Purchase of Land under the Authority of this Act, as hereinafter provided; and the said Chancellor and Council shall' for the Purposes of this Act have and be entitled to all such Powers and Provisions in reference to the Monies invested in Bank Annuities under this Act as under or by virtue of the said Act of the Fifty-seventh Year of the Reign of His said Majesty King George the Third they are entitled to concerning any Sums or Funds of or belonging to the said Duchy of Lancaster in the same Act particularly mentioned or referred to.

IIIPower to Chancellor to contract and agree for Purchase of Land, and convey the same to the Use of Her Majesty.

The said Chancellor and Council may from Time to Time contract and agree with any Person or Persons, or Body or Bodies Politic, Corporate, or Collegiate, for the Purchase of and may purchase any Land which in the Judgment of the said Chancellor and Council shall be deemed convenient to be held with any Possession of the said Duchy, and the Land so agreed to be purchased shall be conveyed and assured to the Use of Her Majesty, Her Heirs or Successors, in right of the said Duchy of Lancaster, and shall vest in Her said Majesty, Her Heirs and Successors, in the same Right, and as fully and effectually, and be held with the like Incidents, as other Land belonging to the said Duchy ; and every such Conveyance may be in the Form marked Y. in the said Schedule, or in any other Form which may be deemed more convenient.

IV8 & 9 Vict. c.18 incorporated.

The Lands Clauses Consolidation Act, 1845, shall be incorporated with this Act; but the said Chancellor and Council shall not purchase any Land otherwise than by Agreement.

VShort Title.

In citing this Act for any Purpose whatsoever it shall be sufficient to use the Expression "The Duchy of Lancaster Lands Act, 1855."

SCHEDULE to which this Act refersto which this Act refers

X.

Y.

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