§ Sir A. Wilsonasked the Chancellor of the Exchequer in how many cases in the last three years, and for what acreage in each case, certificates have been issued by the Treasury that the taking of land by the War Department and Air Force, respectively, under Section 23 of 5 and 6 Vic., c. 94, was necessary; whether he is satisfied that the certificate of the Lord Lieutenant required by the same section was in every case given after full inquiry as to the necessity after hearing all parties; and whether in practice the justices under Section 19 act ministerially or use discretion to decline to give possession of lands covered by such certificates?
Mr. ChamberlainThe answer to the first part of the question is as follows:
Kingdom, should be debated before a tribunal at the instance of an individual whose land the State seeks to acquire in the general interests and for the protection of the State.
I am advised that the Justices under Section 19 exercise a ministerial duty in putting the acquiring authority into possession, and that they have no discretion to decline to put the Department into possession where the statutory procedure has been followed.