Law of Property (Amendment) Act 1924

Section 2

SECOND SCHEDULE E+W Amendments of principal Act

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 2 para. 1 repealed by House of Commons Disqualification Act 1957 (c. 20), Sch. 4 Pt. I

X1 2 E+W The following section shall be inserted after section one hundred and forty-four of the principal Act:—

“144A Manorial documents.

(1) All manorial documents shall be under the charge and superintendence of the Master of the Rolls.

(2) Save as hereinafter provided, manorial documents shall remain in the possession or under the control of the lord for the time being of the manor to which the same relate and he shall not be entitled to destroy or damage wilfully such documents.

(3) The Master of the Rolls may from time to time make such enquiries as he shall think fit for the purpose of ascertaining that any manorial documents are in the proper custody, and are being properly preserved, and the lord of the manor to which such documents relate, or the governing body of any public library, or museum or historical or antiquarian society, to which the same may have been transferred, as hereinafter provided, shall furnish the Master of the Rolls with all such information with respect thereto as he may require.

(4) The Master of the Rolls may direct that any manorial documents which, in his opinion, are not being properly preserved, or which he is requested by the lord of the manor to deal with under this subsection, shall be transferred to the Public Record Office, or to any public library, or museum or historical or antiquarian society, which may be willing to receive the same, and if the same shall be transferred to any public library, or museum or historical or antiquarian society, the governing body thereof shall thereafter have the custody thereof and shall be responsible for the proper preservation and indexing thereof.

(5) Nothing contained in this section shall prejudice or affect the right of any person to the production and delivery of copies of manorial documents or to have the same kept in a proper state of preservation; in particular the lord of the manor shall remain entitled to require the same to be produced to him, or in accordance with his directions, free of any cost.

(6) In this section “manorial documents” mean court rolls, surveys, maps, terriers, documents and books of every description relating to the boundaries, franchises, wastes, customs or courts of a manor, but do not include the deeds and other instruments required for evidencing the title to a manor; “manor” includes a lordship and a reputed lordship; and “lord of the manor” includes any person entitled to manorial documents.

(7) The Master of the Rolls may make rules for giving effect to this section, and may revoke or vary any such rules.”

Editorial Information

X1 The text of Sch. 2 paras. 2 and 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3, 4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 2 paras. 3 and 4 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III

Amendments of Schedule XV. X2 E+W

5 The Fifteenth Schedule to the Principle Act is hereby amended as follows:—

(1) The words “cease or” shall be inserted after “notice shall” in the proviso to sub-paragraph (1)(i) of paragraph 10;

(2) In sub-paragraph (1) of paragraph 12 the words “an amount to be ascertained as hereinafter provided” shall be substituted for “the like amount as would have been payable if this Act had not been passed and the lease or underlease or all successive leases or underleases have been renewed in due course”;

(3) For sub-paragraph (2) of paragraph 12 the following sub-paragraph shall be substituted:—

“(2) In default of agreement and unless the Minister, having regard to the practice and other circumstances of the case, otherwise directs, the following provisions shall have effect for the purpose of ascertaining the annual instalments of additional rent:—

(a) the additional rent shall be ascertained on the basis of the fines and other payments which would have been payable on the occasion of the first renewal after the commencement of this Act, if this Act had not been passed;

(b) where the lessee or underlessee has a right to renew at different times, the occasion of the first renewal shall be such date as he may, by notice in writing given to the lessor within one year after the commencement of this Act, select from among the dates at which he would have been entitled to renew his lease or underlease had it remained renewable, or, in default of such notice, the last day on which he would have been entitled to renew, regard being had to the date of the last renewal”

(4) In sub-paragraph (3) of paragraph 12 the words “or in default” shall be substituted for “and in default”;

(5) In sub-paragraph (5) of paragraph 12 for the words from “dividing the aggregate” to the end of the paragraph, the following words shall be substituted:—

“an actuary, regard being had to the interval or average interval occurring between the dates of renewal and to any circumstances affecting the amount payable on renewal”;

(6) In sub-paragraph (6) of paragraph 12 the words “such per centage as the Minister may generally or in any particular instance with a view to maintaining any existing practice, prescribe” shall be substituted for the words “five per cent.”;

(7) At the end of sub-paragraph (1)(a) of paragraph 14 the words “or any part thereof” shall be inserted;

(8) In sub-paragraph (1) of paragraph 16, the words “or the appointment of or instructions to be given to an actuary under paragraph 12(5) of this Schedule” shall be inserted after “other agent”;

(9) At the end of sub-paragraph (3) of paragraph 16 the following words shall be inserted:—

“For the purposes of this sub-paragraph the compensation to be given for the loss of the said right shall be regulated by the practice (if any) which obtained, before the commencement of this Act, in assessing the value of the said right, unless the Minister otherwise directs.”

Editorial Information

X2 The text of Sch. 2 paras. 2 and 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.