Land Drainage Act 1845

LAND DRAINAGE ACT 1845

CAP. LVI.

An Act to alter and amend an Act passed in the Third and Fourth Year of the Reign of Her present Majesty Queen Victoria, intituled An Act to enable the Owners of Settled Estates to defray the Expences of draining the same by way of Mortgage. [31st July 1845.]

3 & 4. Vict. c. 55.

Recited Act repealed.

WHEREAS by an Act passed in the Third and Fourth Year of the Reign of Her present Majesty Queen Victoria, intituled An Act to enable the Owners of Settled Estates to defray the Expences of draining the same by way of Mortgage, after reciting that whereas much of the Land in England and Ireland would be rendered permanently more productive by improved Draining, and nevertheless, by reason of the great Expence thereof, Proprietors having a limited Interest in such Land were often unable to execute such draining, and that it was expedient, as well for the more abundant Production of Food as for the increased Employment of Farming Labourers, and the extended Investment of Capital in the permanent Improvement of the Soil, that such Proprietors should be relieved from such Disability, due Regard being had to the Interests of those entitled in remainder, it was amongst other things enacted, that it should be lawful for any Tenant for Life, or for Term of Years, as therein mentioned, entitled to any Lands in England or Ireland, or such Guardian or Guardians as therein mentioned, to apply by Petition to Her Majesty’s Court of Chancery or Exchequer in England or Ireland for Leave to make permanent Improvement in the Lands to which he or she should be so entitled, by draining; and by the said Act Provision is made for the charging the Cost of such Draining on the Lands so drained, and otherwise as in the said Act is mentioned: And whereas the Advantages contemplated by the said recited Act are diminished by reason of the Costs attending the making such Application and such Charge as by the said Act is provided; and it is therefore, and for other Reasons, expedient that the Provisions of the said Act should be repealed, and should be re-enacted, with such Modifications, Extensions, and Alterations as are after mentioned:’ Be it therefore enacted by the Queen’s most Excellent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, That, subject to any Proceedings under the said recited Act which at the Time of the passing of this Act shall be pending, the said recited Act shall be and is hereby repealed.