The law relating to building : with precedents of building leases and contracts and other forms connected with building and the statute law relating to building with notes and cases under the various sections / by Judge Emden ; assisted by Henry Johnston.

  • Alfred Charles Emden
Date:
1895
Catalogue details

Licence: Public Domain Mark

Credit: The law relating to building : with precedents of building leases and contracts and other forms connected with building and the statute law relating to building with notes and cases under the various sections / by Judge Emden ; assisted by Henry Johnston. Source: Wellcome Collection.

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    the Fines and Recoveries Abolition Act, 1833,’ and to state that tenants in tail are tenants for life within the meaning of the Settled Land Acts, 1882 to 1890. Tenant for Life.—See Settled Estates and Land, supra, P- 3- Bankrupt.—See the Bankruptcy Acts, 1883 and 1890. Disused Burial Grounds.—By sect. 3 of the Disused Burial Grounds Act, 1884,^ it is enacted that, after the date thereof, it shall not be lawful to erect any buildings upon any disused burial ground, except for the purpose of enlarging a church, chapel, meeting-house, or other places of worship. The Act defines ‘disused burial ground’ as ‘a burial ground in respect of which an Order in Council has been made for the discontinuance of burials therein.’ Apart from this Act, an agreement to build on a disused unconsecrated burial ground, necessitating the removal of some thousands of corpses—which removal would, of neces- sity, involve an outrage on public decency, amounting to an indictable offence—is illegal.* ‘ Disused burial ground ’ means any ground, whether con- secrated or not, which has been at any time set apart for the purposes of interment, whether interments have taken place in it or not, and which has been partially, or wholly, closed under the provisions of any Statute or Order in Council, or has become otherwise disused.'’ The site of a church where intramural burial has taken place has not been ‘ set apart for purposes of interment,’ and is not within the prohibition against building.® Express Powers.—In conclusion it may be stated that building leases are often also granted under express powers for that purpose; the law relating to powers does not fall within the scope of this work.® Chap. II. What Build- ing Leases and Agree- ments may be made. ‘ 3 & 4 Will. IV. c. 74. ■ 47 & 48 Viet. c. 72. See Titistees of St. Saviour^s Rectory and Oylerre, 31 C. D. 412 ; 55 L. J. Ch. 269 ; 54 L. T. 9 ; 34 W. R. 224 ; 50 J. P. 325. Gibbons v. Chambers, i C. & E. 577. “ Gibbons v. Chambers, supi-a. * Re Ponsford and Newport District School Board, [1894] i Ch. 453 : 63 L- J- Ch. 278 ; 70 L. T. 502 ; 42 W. R. 358 ; 10 T. L. R. 207. Re Ecclesiastical Commissioners and New City of London Brewciy Company, [1895] 1 Ch. 702 ; 43 W. R. 457. As to powers, see Farwell on Powers, 2nd ed.
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