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AMA 1882-
An Act for the better protection of Ancient Monuments [18th August 1882]
 
 
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Ancient Monument Act 1882 AMA 1882
 
 
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AMA 1882-

Ancient Monuments Act

Chapter 73
An Act for the better protection of Ancient Monuments
[18th August 1882.]
Be it 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 autho-
rity of the same, as follows:
1. This Act may be cited for all purposes as the Ancient Monu-
ments Protection Act, 1882.
2. The owner of any ancient monument to which this Act applies
may, by deed under his hand, constitute the Commissioners of Works
in this Act mentioned the guardians of such monument.
Where the Commissioners of Works have been constituted guar-
dians of a monument, they shall thenceforth, until they shall receive
notice in writing to the contrary from any succeeding owner not
bound by such deed as aforesaid, maintain such monument, and
shall, for the purpose of such maintenance, at all reasonable times
by themselves and their workmen have access to such monument for
the purpose of inspecting it. And of bringing such materials and
doing such acts and things as may be required for the maintenance
thereof.
The owner of an ancient monument of which the Commissioners
of Works are guardians shall, save as in this Act expressly provided,
have the same estate, right, title, and interest, in and to such monu-
ment, in all respects, as if the Commissioners had not been constituted
guardians thereof.
The expressions “maintain” and “maintenance” include the
Fencing, repairing, cleansing, covering in, or doing any other act
or thing which may be required for the purpose of repairing any
monument or protecting the same from decay or injury. The cost
of maintenance shall, subject to the approval of Her Majesty’s
Treasury, be defrayed from moneys to be provided by Parliament.
3. The Commissioners of Works, with the consent of the treasury,
may purchase out of any moneys which may for the purpose be from
time to time provided by Parliament any ancient monument to which
this Act applies, and with a view to such purchase the Lands Clauses
Consolidation Acts shall be incorporated with this Act with the
exception of the provisions which relate to the purchase and taking
of lands otherwise than by agreement. In construing the said
Lands Clauses Consolidation Acts for the purpose of this Act, this
Act shall be deemed to be the special Act, and the Commissioners
of Works shall be deemed to be the promoters of the undertaking.
4. Any person may by deed or will give, devise, or bequeath to
The Commissioners of Works all such estate and interest in any
ancient monument to which this Act applies as he may be seised or
possessed of, and it shall be lawful for the Commissioners of Works
to accept such gift, devise, or bequest if they think it expedient so
to do.
5. The Commissioners of her Majesty’s Treasury shall appoint
one or more inspectors of ancient monuments, whose duty it shall
be to report to the Commissioners of Works on the condition of such
monuments, and on the best mode of preserving the same, and there
may be awarded to the inspectors so appointed such remuneration
and allowances for expenses, out of moneys provided by Parliament,
as may be determined by the Commissioners of Her Majesty’s
Treasury
6. If any person injures or defaces any ancient monument to
which this Act applies, such person shall, on summary conviction, be
liable, at the discretion of the court by which he is tried, to one of
the following penalties; (that is to say)
(1.) To forfeit any sum not exceeding five pounds, and in addition
thereto to pay such sum as the court may think just for the
purpose of repairing any damage which has been caused by the
offender; or
(2.) To be imprisoned with or without hard labour for any term
not exceeding one month.
The owner of an ancient monument shall not be punishable under
this section in respect of any act which he may do to such monu-
ment, except in cases where the Commissioners of Works have been
constituted guardians of such monuments, in which case the owner
shall be deemed to have relinquished his rights of ownership so far
as relates to any injury or defacement of such monument, and may
be dealt with as if he were not the owner.
7. Offences and penalties under this Act shall be prosecuted and
recovered in manner provided by the Summary Jurisdiction Acts.
The expression “Summary Jurisdiction Acts”-
(1.) As regards England, has the same meaning as in the Summary
Jurisdiction Act, 1879; and
(2.) As regards Scotland, means the Summary Jurisdiction (Scot-
land) Acts, 1864 and 1881; and
(3.) As regards Ireland, means, within the police district of Dublin
metropolis, the Acts regulating the powers and duties of jus-
tices of the peace for such district or of the police of such
district; and elsewhere in Ireland, the Petty Sessions (Ireland)
Act, 1851, and any Act amending the same.
In England any person aggrieved by any decision of the court
Acting under the Summary Jurisdiction Acts may appeal to a court
of general or quarter sessions.
8. The expression “the Commissioners of Works” means as
respects Great Britain the Commissioners of Her Majesty’s Works
and Public Buildings, and as respects Ireland the Commissioners of
Public Works in Ireland.
Each of the said bodies, that is to say, the Commissioners of Her
Majesty’s Works and Public Buildings as respects Great Britain and
the Commissioners of Public Works as respects Ireland, shall be
incorporated by their said names respectively, and shall have per-
petual succession and a common seal, and may purchase or acquire
by gift, will, or otherwise, and hold without licence mortmain,
any land or estate or interest in land for the purposes of this
Act; and any conveyance, appointment, devise, or bequest of land,
or any estate or interest in land under this Act to either of the said
bodies, shall not be deemed to be a conveyance, appointment, devise,
or bequest to a charitable use within the meaning of the Acts
relating to charitable uses. In the case of an ancient monument
in Scotland, a duplicate of any report made by any inspector under
this Act to the Commissioners of Works shall be forwarded to the
Board of Trustees for Manufactures in Scotland, and it shall be the
duty of the Commissioners of Works, in relation to any such monu-
ment, to take into consideration any representations which may be
made to them by the said Board of Trustees for Manufactures.
9. The following persons shall be deemed to be “owners” of
ancient monuments for the purpose of this Act; that is to say,
(1.) Any person entitled for his own benefit, at law or in equity,
for an estate in fee, to the possession or receipt of the rents
and profits of any freehold or copyhold land, being the site of
an ancient monument, whether such land is or not subject to
incumbrances:
(2.) Any person absolutely entitled in possession, at law or in
equity, for his own benefit, to a beneficial lease of land, being
the site of an ancient monument, of which not less than forty-
five years are unexpired, whether such land is or not subject
to incumbrances; but no lease shall be deemed to be a bene-
ficial lease, within the meaning of this Act, if the rent reserved
thereon exceeds one third part of the full annual value of the
land demised by such lease:

(3.)Any person entitled under any existing or future settlement.
at law or in equity, for his own benefit, and for the term of
his own life, or the life of any other person, to the possession
or receipt of the rents and profits of land of any tenure, being
the site of an ancient monument, whether subject or not to
incumbrances in which the estate for the time being subject
to the trusts of the settlement is an estate for lives or years
renewable for ever, or is an estate renewable for a term of years of not
less than sixty years, or is an estate for a term of years of
which not less than sixty are unexpired, or is a greater estate
than any of the foregoing estates:
(4.)Any body corporate, any corporation sole, any trustees for
charities, and any commissioners or trustees for ecclesiastical,
collegiate, or other public purposes, entitled at law or in equity,
and whether subject or not to incumbrances, in the case of
freehold or copyhold land, being the site of an ancient monu-
ment, in fee and in the case of leasehold land, being the site of
an ancient monument, to a lease for an unexpired term of not
less than sixty years.
Where any owner as herein-before defined is a minor, or of un-
sound mind, or a married woman, the guardian, committee, or hus-
band, as the case may be, of such owner, shall be the owner within
the meaning of this Act: subject to proviso, that a married
Woman entitled for her separate use, and not restrained from anti-
cipation, shall for the purpose of this Act be treated as if she were
not married. Every person deriving title to any ancient monument
from, through, or under any owner who has constituted the Com-
missioners of Works the guardians of such monument shall be bound
by the deed executed by such owner for that purpose ; and where
the owner of any land, being the site of an ancient monument, is a
tenant for life or in tail, or heir of entail in possession in Scotland,
having a power of sale over such land, either under the terms of a
will or settlement, or under an Act of Parliament, any deed executed
by such owner in respect of land, being such site as aforesaid
of which, he is so tenant for life or in tail, shall bind every succeeding
owner of any estate or interest in the land.
10. Her Majesty may, from time to time, by Order in Council,
declare that any monument of a like character to the monuments
described in the Schedule hereto, shall be deemed to be an ancient
monument to which this Act applies, and thereupon this Act shall
apply to such monument in the same manner in all respects as if it
had been described in the Schedule hereto.
An order in Council under this section shall not come into force
until it has lain for forty days before both Houses of Parliament
during the Session of Parliament.
11. The following expressions shall, except in so far as is oncon-
sistent with the tenor of this Act, have the meaning herein-after
assigned to them; (that is to say,)
The word “settlement” includes any Act of Parliament, will,
deed, or other assururance whereby particular estates or parti-
cular interests in land are created, with remainders or interests
expectant thereon:
The expression “ Land Clauses Consolidation Acts, means as
Respects England, the Lands Clases Consolidation Act, 1845
and any Acts amending the same; and as respects Scotland
the Lands Clauses Consolidation (Scotland) Act,1845, and
any Act amending the same; and respects Ireland, the
Lands Clauses Consolidation Act, 1845 and the Acts amending
the same, so far as respects Ireland:
The expression “ancient monuments to which this Act applies”
means the monuments described in the Schedule hereto, and
any other monuments of a like character of which the Com-
missioners of Works at the request of the owners thereof may
consent to become guardians; and “ancient monument” in-
cludes the site of such monument and such portion of land
adjoining the same as may be required to fence, cover in, or
otherwise preserve from injury the monument standing on such
site, also the means of access to such monument.





























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