This section is from the book "A Treatise On The Law Of Vendor And Purchaser Of Real Estate And Chattels Real", by T. Cyprian Williams. Also available from Amazon: A treatise on the law of vendor and purchaser of real estate and chattels real.
(k) These consist of rent-charges payable for twenty-two years and granted by certificate of the Enclosure Commissioners, and. if charged on lands in Middlesex or York, were to be registered in the county register: stat. 12 ft 13 Vict. c. 100 (see ss. 10, 14), amended by 19 & 20 Vict. c. 9, and repealed by 27 & 28 Viet. c. 114.
(l) These were to be made by absolute order of the Iuclosure Commissioners creating a rent-charge for the term thereby fixed.
C. 38, s. 30, to all improvements authorised by the Settled Land Act. 1882; and by 60 & 61 Vict.
C 44 to the supply of water to a rural district. Under the Act of 1864 (sect. 06) the rent-charges thereby created were required to be registered in the Office of Land Registry: but the words requiring this were repealed by stat. 62 & 63 Vict. c. 46. s. 5, which also prohibited any entry or search from being made in any register kept at the Office of Land Registry under sect. 56 of the Act of 1864, except under an express order of the High Court. This does not appear to prohibit search at the Office of the Board of Agriculture.
(hi) Stat. 15 ft 46 Vict. c. 38, s. 48.
(n) Stat. 52 & 53 Vict. c. 30.
(o, See Elphinstone & Clark On Searches, 109 - 112; above, n. (l).
(p) These were to be created by absolute order of the Iuclosure Commissioners: stat. 12 & 13 Vict. c. xei. see s. 56) (local and personal .
These were to be created by absolute order of the Iuclosure Commissionere charging the lands by way of annuity for not more than twenty-five years; and, if affecting lands, in Middlesex or Yorkshire, were to be registered in the county register: stat. 16 & 17 Vict. c. cliv. (see ss. 48. 54), amended by 18 & 19 Vict.
Company's Act (r) may also be discovered by search at the office of the Board of Agriculture, as well as by search at the companies' offices respectively (s). Charges under the Artisans' and Labourers' Dwellings Acts, 1868 to 1882 (t), in favour of owners who themselves completed the works required under the Acts by the local authority, had to be recorded and may be discovered by search at the office of the Clerk of the Peace for the county in which the lands affected lie; where also may be found evidence of any charges created under the Landowners Drainage and Improvement Company's Act (u) and the Landowners West of England and South Wales Land Drainage Company's Act (x). Charges under the Sewers Amendment Act, 1833 (y), will be found registered in the Court of Sewers, if any, for the district; or if made by a drainage board constituted under the Land Drainage Act, 1861 (z), at the office of the Board (a). Rent-charges granted under the Public Health Act, 1875 (b), for securing the repayment of money advanced for private improvement expenses, are required to be registered and may be discovered by search at the office of the local authority. There are also some cases in which charges authorised by Local Improvement Acts are required to be registered (c).
C. lxxxiv.; 22 & 23 Vict, c. lxxxii.; and 26 & 27 Vict. c. cxl. (local and personal Acts).
(r) These are rent-charges for terms not exceeding twenty-five years created by absolute order of the Inclosure Commissioners, and, if affecting lands in Middlesex or Yorkshire, were to be registered in the county register: stat. 23 & 24 Vict. c. clxix. (see ss. 37, 38, 47), amended by 23 & 24 Vict. c. cxciv. (local and personal).
(s) Elphinstone & Clark on Searches, 117 - 119.
(t) These charges were made by order of the local authority charging the lands with an annuity for thirty years, and, if affecting lands in Middlesex or Yorkshire, were required to be registered in the county register. Where the local authority themselves executed the works, the costs, charges and expenses so incurred might be charged on the lands by order of the Court of Quarter Sessions: see stats. 31 & 32 Vict. c. 130 (see ss. 19, 25 - 30); 38 & 39 Vict. c. 36; 42 & 43 Vict. cc. 63 and 64; 43 Vict. c. 8; 45 & 46 Vict. c. 54; all repealed by the Housing of the Working Classes Act, 1890 (stat. 53 & 54 Vict. c. 70): see ss. 36, 37, as to charging orders in favour of owners completing works themselves, which are to be registered in Middlesex or Yorkshire in the county register.
(n) Stat. 10 & 11 Vict. c. ccxii.
(x) Stat. 11 & 12 Vict. c. cxlii.; this company was ordered to be wound up in 1874: see Landowners West of England, etc. Co. v.Ashford, 16 Ch. D. 411. 424; Elphinstone & Clark on Searches, 119, 120.
(y) These are made by a decree or Ordinance of the Commissioners of Sewers and are payable by instalments over a period not exceeding fourteen years: stat. 3 & 4 Will. IV. c. 22 (see s. 41).
(z) Stat. 24 & 25 Vict. c. 133, s. 67.
Amongst land improvement rent-charges which did not before the year 1889 require any registration of any kind, are those created under stat. 8 & 9 Vict. c. 56 (d). Various local Acts have also authorised the creation of rent-charges to repay money advanced for improvements, without the requirement of registration (e).
Land improvement charges not requiring registration before 1889.
Besides the land improvement charges payable by way of terminable annuity, there are other statutory charges on land of some principal sum not so payable; and these were not required to be registered. Among such charges are those given by the Public Health Act, 1875 (f), to secure the repayment with interest of the amount of the expenses incurred by any local authority under the Act (g), for the repayment whereof the owner of the premises, for or in respect of which the expenses were incurred, is made liable either under the Act or by agreement with the local authority. Similar charges have been created by various local Acts, sometimes by express words, sometimes impliedly, as by giving power to distrain for the amount due (h). The charges given under the Agricultural Holdings (England) Act, 1883 (i), to a landlord who had paid to a tenant compensation under that Act and where the landlord was not entitled for his own benefit, also required no registration.
 
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