| Leyton lammas lands defined | 138. In this Part of this Act the expression "the lammas lands" means such of the lands in the district shown on the lammas lands plan and thereon coloured pink and yellow and described in the deposited books of reference as are subject to lammas rights. |
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| Vesting of Leyton lammas lands in Council. | 139. If within three months after the passing of this Act the
Council pass a resolution to the effect that it is desirable to acquire
the lammas lands or any part thereof under the powers of this
Act then the lammas lands or such part shall from and after the
passing of the resolution become and be vested absolutely in the
Council subject to all existing lammas rights over the same and
the Council shall from and after the passing of such resolution and
subject to the provisions of this Act hold the same (excepting any
highways thereover) discharged from all estates interests rights
titles charges and incumbrances whatsoever oilier than rights of
lammas or stinted common in to over or affecting the same or any
part thereof as and for an open space for the perpetual use thereof
for exercise and recreation. and shall maintain preserve manage and
regulate the same as such accordingly : |
| Provided that if at any time after the vesting in the Council
of the piece or parcel of lammas land coloured yellow on the
lammas lauds plan the Great Eastern Railway Company shall by
notice in writing require the Council to convey to them the said
piece or parcel of lammas land or any portion thereof for the
purposes of their undertaking the Council shall forthwith convey
the same to the said company free from all incumbrances and
free from all common commonable and other rights subject nevertheless to the right of way over the existing footpath thereon by
means of a duly stamped deed of conveyance free of charge and
expense to the said company upon the said company paying to the
Council a sum of money proportionate to the average price per
acre paid by the Council as compensation for or in respect of
the lammas lands which shall have become vested in them under
the provisions of this Act and upon the said company throwing into
the Leyton Marsh and conveying to the Council by means of a duly
stamped deed of conveyance free of charge and expense to the
Council as a place of recreation for the benefit of the public so
much of the piece or parcel of land abutting on the lammas lands
and coloured green on the said lammas lands plan as immediately
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| A.D. 1904. | adjoins the lammas lands and will be equal in area to the said
'piece or parcel of lammas land coloured yellow or such portion
thereof as may be required as aforesaid by the said company
Provided further that if the Council shall not he in a position to
convey the said piece or parcel of land coloured yellow or such
portion thereof as before mentioned to the said company in the
manner aforesaid upon being requested so to do the said company
shall be at liberty to exercise the powers of purchasing the same
conferred upon them by the Great Eastern Railway (General Powers) Act 1899 or any Act or Acts extending the same. |
| Compensation to owners | 140.-(1) All persons who immediately before the passing of such resolution were entitled as owners (including in such term all parties by the Lands Clauses Consolidation Act 1845 or the Settled Land Acts 1882 to 1890 enabled to sell and convey or release lands) of any estate interest or right (other than rights of lammas or stinted common) of a profitable or beneficial nature in over or affecting the lammas lands (excepting any highway thereon) acquired by the Council under this Act shall be entitled to claim
compensation from the Council in respect of such estate interest or right and the amount of the compensation payable to such persons respectively by the Council shall be such as may be settled by
agreement or failing agreement by arbitration under the provisions of this Act Provided that if any owner of or other person interested in any land adjoining or near the lammas lands would
be injuriously affected by the extinguishment or closing of any private right of way over the said lands under the powers of this Act the Council may if they think fit at any time after receiving
any notice of claim for compensation in respect of the extinguishment or closing thereof notify in writing to the claimant under the seal of the Council that they will not prevent such right of
way from being exercised and enjoyed to the same extent and in the same manner as theretofore And in such case such right of way shall continue unaffected by this Act and may be exercised
as if this Act had not been passed and no compensation shall be payable by the Council in respect thereof. |
| (2) All arbitrations under this section shall be conducted by a
standing arbitrator appointed as by this Part of this Act prescribed
and subject thereto in manner provided by the Lands Clauses Acts
with respect to the purchase and taking of lands otherwise than
by agreement and such standing arbitrator shall for the purposes
of each arbitration under this Part of this Act be deemed to be a
single arbitrator appointed by both parties. |
| A.D. 1904. | (3) Compensation agreed or awarded to be payable under this Part of this Act shall (subject in the case of an award to any
direction by the arbitrator to the contrary) be deemed to have been
and to be due as from the date of the passing of the resolution
hereinbefore referred to and (except as otherwise provided by any
agreements) to be payable together with interest thereon in the
meantime until payment or deposit as by this Part of this Act
prescribed at the rate of three pounds per centum per annum.
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| (4) If any part of the lammas lands acquired by the Council
under the powers of ,this Act is subject to any lease or tenancy
nothing in this Act shall be deemed to compel the Council to
purchase or acquire or to make compensation for such lease or
tenancy provided they leave the same to expire by effluxion of
time or terminate it by notice in accordance with the terms of such
lease or the agreement for tenancy. |
| Upon payment of any money agreed or awarded to be paid
by way of compensation under this Part of this Act together with interest thereon at the rate (except as may be by agreement
otherwise provided) of three pounds per centum per annum from
the date of the passing of the said resolution to any person who
shall adduce a good title to the satisfaction of the Council to the
estate interest or right in respect of which such money shall be
payable or upon the deposit in the Bank of England of any such
money in manner prescribed by the Lands Clauses Acts in any
case in which any person shall neglect or fail or be unable to
adduce or make out to the satisfaction of the Council a good title
to the estate interest or right in respect of which such money
shall be payable or to give a valid receipt for such money and
in any of the other cases specified in the Lands Clauses Acts in
which compensation is required or authorised to be deposited in
the Bank of England such person or the cashier of the said Lank
shall give to the Council or to the person paying or depositing
such money a receipt for such money specifying for what (and
in the case of the same having been so deposited the title of the
account to which) the same has been paid or deposited and such
receipt shall be a sufficient discharge to the Council for the same. |
| Appointment of standing arbitrator. | 141. For the purpose of determining the amount of compensation in respect of any claim under this Part of this Act
directed to be determined by arbitration there shall be a standing
arbitrator appointed and acting as follows (that is to say); |
| (1) The High Court may at any time after the passing of
this Act on the application of the Council to be made |
| A.D. 1904. | ex parte by motion or summons intituled In the matter
of this Act appoint a person to act as standing1 arbitrator and may on the like application remove from
his office a standing arbitrator for any cause for which
an arbitrator may be removed under the Arbitration
Act 1889 and may from time to time appoint a new
standing arbitrator in the place of any standing arbitrator who may die resign or be removed from office
in the same manner as if he were a single arbitrator
appointed under the Arbitration Act 1889 and as if the
notices prescribed by section. 5 of that Act had been
served by the Council and seven clear days had elapsed
after service of such notice without any appointment having been made:
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| (2) The court may on the like application give any direction
and exercise; any powers which may be given or exercised by the court under the Arbitration Act 1889 in relation to arbitrations under that Act:
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| (3) The Council shall unless all claims for compensation
under this Part of this Act have been previously settled
by agreement make application to the High Court,for
the appointment of a standing arbitrator within nine
months after the passing of the resolution referred to
in the section of this Act the marginal note whereof
is "Vesting of Leyton lammas lands in Council" and
in the event of such application not being then made
the High Court may appoint the standing arbitrator as
hereinbefore provided on the application of any person
claiming compensation under this Part of this Act. |
| Power of Council to grant rights or easements over Leyton lammas lands. | 142.-(1) The Council may from time to time as the consideration or as part of the consideration for the purchase of lands
or for any consideration which they may deem of public,advantage
grant (for a, limited time or in perpetuity) to any person upon such
terms and conditions as may be agreed upon between the Council
nd such person any right or easement in over or affecting the
lammas lands or any part thereof.
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| (2) The standing arbitrator shall at the request of the Council
award that instead of making compensation for any private right of
way over the lammas lands or any part thereof the Council shall
permit such private right of way to be exercised and enjoyed by
any person entitled thereto as before the passing of this Act. |
| A.D. 1904. | (3) The standing arbitrator may if he thinks fit at the request
of the Council and with the consent of any person entitled to
compensation under this Part of this Act award that the Council
shall grant and thereupon the Council shall grant any such right
or easement as aforesaid to such person in satisfaction wholly or
in part of such compensation Provided that no such right or
easement shall he such as in the opinion of the-Council shall be
inconsistent with^the due carrying into execution by the Council
of the, purposes for which the lammas lands or any part thereof
are acquired by the Council under this Act. |
| Purchase of rights &c by agreement | 143.-(1) The Council may by agreement with any person who may by virtue ,of any such agreement or award as aforesaid
for the time i being be entitled to .any such right of way or easement in».over:; or affecting the lammas lands or any part thereof
purchase or acquire such right of way or easement on such terms
and conditions as the Council shall think fit.
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| (2) Any person empowered by the Lands Clauses Acts or the
Settled Land Acts 1882 to 1890 to sell and convey or release lands
may subject to the provisions of the said Acts enter into any such
agreement with the Council for the sale or release of any such right
or easement as aforesaid. |
| Power to Council to exchange lands. | 144.-(1) The Council may from time to time sell or lease
any part of the lammas lands acquired by them under this Act
which they may consider unsuitable for the purpose of an open.
space or recreation ground.
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| (2) The Council may by agreement with any person exchange
any lands forming part of those lammas lands for any other
adjoining lands which the Council may think it desirable to
substitute for such first-mentioned lands.
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| (3) Any lands given by the Council in exchange under the
authority of this Part of this Act shall thereupon cease to form
any part of the lammas lands although .the same be shown on the
deposited plans as part thereof.
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| (4) Any lands taken by the Council in exchange under the
authority of this Part of this Act shall thereupon be deemed to be
and shall be held by the Council together with and as though the
same were part of the lammas lands acquired by them under this
Act and this Part of this Act shall be construed accordingly.
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| (5) Any person empowered by the Lands Classes Acts or the
Settled Land Acts to sell and convey or release lands may subject |
| A.D. 1904. | to the provisions of the said Acts enter into any such agreements with the Council for exchange of lands aforesaid. |
| (6) The Council shall not under the powers of this section sell
or dispose of any greater quantity of land than in the aggregate
twenty acres. |
| Power of Council as to roads over lammas lands | 145. The Council may open or make or permit or suffer any person (upon such terms and conditions as the Council may think fit) to open or make any foot carriage or other way over the I
lammas lands acquired by them under this Act or any part thereof
which the Council may deem. proper for the use of the public. |
| As to lammas rights, | 146 All lammas rights exerciseable over any part of the
lammas lands shall remain unaffected by any of the provisions of
this Part of this Act except as provided by this section but the
Council may extinguish or deal with the same in manner hereafter authorised. |
| The Council may from time to time by resolution declare as
regards all or any part of the lammas lands acquired by them under
this Act that as from a date to be specified in such resolution all
lammas rights over the same shall be extinguished.
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| The Council shall within three months after the date of any
such resolution convene a meeting' of the persons entitled to
exercise lammas rights over the said lands in respect of which they
have resolved to extinguish the lammas rights in the same manner
as if those rights were commonable rights within the meaning of
section 102 of the Lands Clauses Consolidation Act 1845.
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| If at such meeting such persons or three-fourths of those
present at such meeting shall so decide all such lammas rights
shall be extinguished in, consideration of the said lands or some,
parts thereof being devoted to the purposes of a public open space
or recreation ground.
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| If such persons at such meeting shall not so decide such
meeting shall proceed to the appointment of a committee in
manner provided by section 103 of the Lands Clauses Consolidation
Act 1846 and in the event of such committee and the Council
being unable to agree upon a sum of money to represent the value
of such rights over the said lauds the question shall be referred to
the standing arbitrator appointed under this Part of this Act and
such arbitrator shall make an award setting out the sum which
properly represents the value of such rights and the Council shall
carry such a sum |
| A.D. 1904 | apply the same only for the purpose of improving or extending any open space or recreation ground of the Council. |
| The Council may from time to time let any rights of grazing
in any part of the said open space or recreation ground subject to
such regulations as they may think necessary to prevent the
exercise of such rights in any way interfering with the use of the
lammas lands acquired by them under this Act as an open space
or recreation ground. |
| Application of Part VIII of Act of 1898 | 147. The provisions of Part VII. of the Act of 1898 relating to recreation grounds shall apply to any recreation grounds or open spaces laid out or appropriated to the public under the provisions of this Act. |
| Power to Council to appoint officers | 148. The Council may appoint officers for securing the
observance of Part VII. of the Act of 1898 and of this Part of this
Act and of the bye laws made thereunder and may procure such
officers to be sworn in as constables for that purpose but such
officer shall only act when in uniform or provided with a warrant. |
| Power to set apart portions of recreation grounds for games | 149. The Council may set apart any portion of any park
garden or pleasure-ground for the time being belonging to or held
by them for cricket bowls football tennis and other games and for
the drill of volunteers yeomanry or cadets or of any military or
police force and may make an agreement with any club or association by which such portion may be secured to the club or
association for a period not exceeding three months but so that
the same shall be open to the public when not in use for such
games or drill or other purposes.
Section 73 of the Act of 1898 is hereby repealed. |
| For protection of East London Waterworks Company | 150. Notwithstanding anything contained in this Part of this
Act nothing in this Act shall authorise or enable the Council
without the previous consent in writing of the East London
Waterworks Company to temporarily or permanently acquire or
in any way deal with any lammas lands of or belonging to the
company. |
| PART XII.
TRANSFER OF POWERS OF VESTRIES &C. |
| Transfer of powers of vestries to Council | 151-(1) From and after the passing of this Act all and every right custom privilege or power other than in matters ecclesiastical
vested in or exerciseable by the parishioners ratepayers or inhabitants in vestry assembled of the parish of Leyton and of the parish
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