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PART II.
Guardianship, Acquisition, etc., of National Monuments.
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Guardianship of national monuments.
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5.—(1) The owner of a national monument (not being a building which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or the family of such caretaker) may by deed notwithstanding any trust, public purpose, incumbrance or charge affecting such monument either—
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(a) with, the consent of the Commissioners, appoint the Commissioners to be the guardians of such monument, or
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(b) with the consent of the local authority in whose functional area such monument is situate, appoint such local authority to be the guardians of such monument.
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(2) Whenever a local authority are appointed by deed under this section to be the guardians of a national monument, such local authority shall forthwith notify the Commissioners of such appointment and of the nature and situation of the monument.
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(3) Where the Commissioners or a local authority are appointed by deed under this section to be the guardians of a national monument the following consequences shall ensue, that is to say:—
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(a) the property in such monument shall remain vested in the owner for the time being of such monument for the like estate and interest and subject to the like trusts, public purposes, incumbrances and charges as if such deed had not been made but subject to the privileges, powers and duties conferred or imposed by this Act on the Commissioners or such local authority (as the case may be);
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(b) such deed shall be binding on the owner by whom the same is made and on every person thereafter claiming through or under such owner and on every other person on whom a conveyance of such monument on a sale for valuable consideration made by such owner immediately before the making of such deed would then be or thereafter become binding and shall also be binding on every person then entitled to an incumbrance or charge on such land or any person claiming through or under any such person;
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(c) any person who after the making of such deed becomes the owner of such monument and is not bound by such deed may at any time while he is such owner terminate the guardianship of the Commissioners or such local authority (as the case may be) in respect of such monument by giving notice in writing of such termination to the Commissioners or such local authority (as the case may be) but unless and until such notice is so given such guardianship shall continue as fully as if such owner were bound by such deed.
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