Page images
PDF
EPUB

c. 114.

other person or persons claiming by from through or under him her or No. XLIX. them in respect of such purchase or purchases, and the person or per- 1 Geo. IV. sons to whom any such mortgage or mortgages shall be so made as aforesaid, and his her and their respective heirs executors administrators and assigns, or other person or persons claiming by from through or under him her or them respectively in respect of such mortgage or mortgages, shall have hold and enjoy the premises so sold or mortgaged as aforesaid, acquitted and absolutely discharged of and from the arrears and debts which have become due to his late Majesty or his present Majesty, or which may accrue or shall become due to his present Majesty his heirs or successors by or from the said William Blackall Simonds on account of or in respect to any of the said offices so held by the said William Blackall Simonds as aforesaid, or any matter cause or thing in any wise relating thereto, and of and from all bonds and obligations made by the said William Blackall Simonds to his late Majesty, or to be made by the said William Blackall Simonds to his present Majesty his heirs or successors, during such time as he the said William Blackall Simonds shall be or remain an accountant to his Majesty his heirs or successors, and all actions suits claims and demands whatsoever which his Majesty his heirs or successors might have or be entitled unto if this Act had not been made, on account or in respect of the same or any of them, and of and from all right title interest property claim and demand whatsoever of his said Majesty his heirs or successors, unto from out of or upon the same undidivided moiety or other share estate or interest of the said William Blackall Simonds in the said rectory glebe lands and premises that shall be so sold or mortgaged as aforesaid or any part thereof; any thing in the said Act of Parliament passed in the reign of her said Majesty Queen Elizabeth, or in any other Act of Parliament relating to accountants to the Crown to the contrary notwithstanding.

[ No. L. ] 1 & 2 Geo. IV. c. 31.-An Act for removing. Doubts as to the Continuance of the Hereditary Revenue in Scotland.-[28th May 1821.]

[ No. LI. ] 1 & 2 Geo. IV. c. 52.-An Act to improve the Land Revenues of the Crown, and of his Majesty's Duchy of Lancaster, and for making Provisions and Regulations for the better Management thereof.-[15th June 1821.]

.

c. 52.

WHEREAS by virtue of an Act passed in the First year of the Reign 1 & 2 G. IV. of her late Majesty Queen Anne, intituled An Act for the better Support of her Majesty's Household, and of the Honour and Dignity of the 1 Ann. stat. 1. Crown; and of an Act passed in the Thirty-fourth year of the Reign of c. 7. his late Majesty King George the Third, intituled An Act for the better 34 G. 3. c. 75. Management of the Land Revenue of the Crown, and for the Sale of Fee

Farm and other unimproveable Rents; and of an Act passed in the Forty

eighth year of the Reign of his late Majesty, intituled An Act to improve 48 G. 3. c. 73. the Land Revenue of the Crown of England, and also of his Majesty's Duchy of Lancaster, the several manors messuages lands tenements rents tithes woods and other hereditaments belonging to the Crown, and within the survey of his Majesty's Exchequer, are now demiseable by lease under the great seal of England, or the Exchequer seal, for such terms of years or other interests, and subject to such restrictions, and in such manner as are therein respectively mentioned: And whereas special provisions are contained in an Act passed in the fifty-third year of the reign of his said late Majesty, intituled An Act for making a more convenient Communication 53 G. 3. c. 121, from Mary-le bone Park and the Northern Parts of the Metropolis, in the Parish of Saint Mary-le-bone to Charing-cross, within the Liberty of Westminster, and for making a more convenient Sewage for the same; and

No. LI. 1&2 Geo. IV. c. 52.

Commissioners of his Majesty's

Woods Fo

rests and Land

Revenues, empowered to

in an Act passed in the Fifty-seventh year of the Reign of his said late Majesty, intituled An Act for ratifying Articles of Agreement entered isto by the Right Honourable Henry Hall Viscount Gage, and the Commissioners of his Majesty's Woods Forests and Land Revenues, and for the better Management and Improvement of the Land Revenues of the Crown, for leasing the Houses Buildings Lands and Hereditaments therein specified: And whereas 57 G. 3. c. 97. certain leases for long terms of years heretofore granted under the great seal or Exchequer seal, of estates belonging to the Crown, and within the survey of his Majesty's Exchequer, have lately expired, and other similar leases are about to expire, and the estates so fallen in or about to fall in, or certain parts thereof, might be advantageously relet for building or other purposes in smail portions: And whereas the usual mode of granting and passing leases of the estates of the Crown within the survey of his Majesty's Exchequer, under the great seal or the Exchequer seal, is unavoidably attended with great delay inconvenience and expence; and it would encourage builders and other persons to take leases and make unprovements on various parts of such estates, and thereby promote the interest of the Crown, if the Commissioners for the time being of his Majesty's woods forests and land revenues were enabled to grant leases thereof in the manner and under the restrictions herein-after mentioned: Be it therefore enacted by the King'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 it shall and may be lawful to and for the Commissioners for the time being of his Majesty's woods and forests and land revenues, by and with the consent and approbation in writing of the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or of the Commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the time being, or any three or more of them, to be signified by warrant under the hand of the said Lord High Treasurer, or under the hands of any three or more of such last-mentioned commissioners, from time to time after the passing this Act, and without any other warrant or authority, to demise or lease, or previous to any such demise or lease to enter into any contract or agreement for the demising or leasing all and every or any of the manors messuages lands tenements rents tithes woods mines minerals and other hereditaments for the time being belonging to his Majesty his heirs or successors, and within the ordering or survey of his Majesty's Exchequer, to any person or persons whomsoever, for such terms estates and interests, at such rent or rents to be reserved and made payable to his Majesty his heirs and successors, and for such fine or fines and under and subject to such covenants clauses conditions and restrictions, as the said manors messuages lands tenements rents tithes mines minerals woods and other hereditaments or any of them may or might now be granted or demised under the great seal or Exchequer scal, by virtue of the said recited Acts of the first year of the reign of Queen Anne and of the thirty-fourth and forty-eighth years of the reign of King George the Third, or any other Act or Acts of parliament, or any law custom or usage whatsoever, provided that the lessee or lessees in such leases respectively to be named do and shall duly execute a counterpart or counterparts of the lease or leases so to be made to him her or them respectively; and all such leases as shall be made pursuant to this Act shall be as good valid and effectual to all intents and purposes as if the same had been passed through the office of the Clerk of the Pipe in the Exchequer and all other offices, according to the usual practice heretofore observed in passing leases of the possessions of the Crown under the great seal or Exchequer seal, and had been accordingly granted under such seals or one of them.

grant Leases of
Crown Lands

within the Sur-
vey of the Ex-
chequer, for
the Terms and
subject to the
Restrictions di-
rected by
former Acts.

Act not to preII. Provided always, and it is hereby further enacted, That nothing judice the herein contained shall prejudice alter or affect the powers given to the Powers of leas- Commissioners for the time being of his Majesty's woods forests and land ing contained in revenues, by the said Acts of the fifty-third and fifty-seventh years of his the new Street said late Majesty's reign, of demising or leasing or of contracting or agree

Act of 53 G. 3.

c. 121, and in the 57 G. 3.c. 97.

ing to demise or lease, all or any of the houses buildings and hereditaments purchased erected built altered repaired and improved, or to be purchased erected built altered repaired and improved, under or by virtue of the said last-mentioned Acts or either of them; but nevertheless it is hereby expressly enacted, that subject and without prejudice to such lastmentioned powers, and to any leases which have been or shall hereafter be granted pursuant thereto, all the said last-mentioned houses buildings lands tenements and hereditaments shall be subject and liable to the powers of leasing hereby vested in the said Commissioners of his Majesty's woods forests and land revenues; any thing herein contained to the contrary notwithstanding.

No. LI.

1 & 2

Geo. IV.

c. 52.

count of the

III. And whereas the Right honourable William Cavendish Bentinck, Compensation commonly called Lord William Cavendish Bentinck, holds for the term to be male to of his life by virtue of letters patent bearing date the twenty-fifth day of Lord William October, in the twenty-fourth year of the reign of his said late Majesty, Cavendish Benthe offices of ingrosser of the great roll or of the clerk of the Pipe in the tinck, Clerk of the Pipe, on acExchequer, and of clerk of the Pipe of the same Exchequer, and of naker writer and ingrosser of all leases indentures and letters patent of Reduction of demise, or grant of the possessions of the Crown made under the seal of the his Fees. Court of the Exchequer, and of maker and writer and ingrosser of all paper books and transcripts of leases sealed under the great seal of Great Britain, and also certain other offices mentioned in the said letters patent; and in right of such offices or some of them the said Lord William Cavendish Bentinck is entitled to divers wages fees allowances advantages and emoluments: And whereas by the operation of this Act the fees and emoluments of the said offices will be considerably reduced, and it is reasonable that a compensation should be made to the said Lord William Cavendish Bentinck for the losses which will be sustained by him in consequence thereof; be it therefore further enacted, That a compensation and satisfaction shall be made to the said Lord William Cavendish Bentinck for the damages he will sustain by the operation of this Act, in the loss depriva tion or diminution of the wages fees salaries allowances advantages or emoluments heretofore enjoyed by him by virtue of his aforesaid offices or any of them; the quantum or amount of which compensation or satisfaction shall be referred to and ascertained by such person as the Commissioners of his Majesty's woods forests and land revenues shall for that purpose nominate and appoint on the part of his Majesty, and by such indifferent person as shall be nominated and appointed on the part of the said Lord William Cavendish Bentinck; and in case the referees so to be appointed as aforesaid shall not agree between themselves touching or concerning the quantum or amount of such compensation or satisfaction as aforesaid, then the quantum or amount of such compensation or satisfaction shall be settled ascertained and determined by such com. petent and indifferent person as the said respective referees shall, before they shall respectively proceed to the consideration of the matters so referred to them, by writing under their hands nominate and appoint to act as umpire concerning the premises, and the judgment and determination of such referees or umpire therein shall be final binding and conclusive to all intents and purposes whatsoever; and such referees and umpire are hereby respectively empowered to send for persons and papers, and to examine witnesses upon oath if necessary, which oath any one of the persons, so to be nominated a referee or umpire as aforesaid is hereby authorised and empowered to administer; and the amount of such compensation or satisfaction, when so ascertained as aforesaid, may be paid by the said Lord High Treasurer, or the said Lords Commissioners of his Majesty's Treasury, out of the land revenues of the Crown, or out of any monies applicable as land revenues of the Crown.

IV. And whereas by the said recited Act of the forty-eighth year of The Commisthe reign of his late Majesty, powers were given to the Surveyor General, sioners of with the approbation and authority of the said Lord High Treasurer or Woods, &c. the Commissioners of the Treasury, to make exchanges of any parcel or empowered to changes of Freehold Estates for partial or chattel Interests of equal Value in other Estates, the Reversion whereof is or shall be in the Crown.

make Ex

No. LI. 1&2 Geo. IV. c. 52.

Commissioners

of his Majesty's Woods, &c. empowered to apof his Majesty's

parcels of land belonging to the Crown in the survey and ordering of the
Exchequer, for lands of equal or nearly equal value, in the manner and
under the regulations therein mentioned: And whereas such powers are
now vested in and exercised by the Commissioners of his Majesty's
woods forests and land revenues for the time being, and have been found
in many cases to be beneficial; but doubts have arisen whether any ex-
changes can be made by virtue thereof of any of the possessions of the
Crown in perpetuity, for any messuages lands or hereditaments held by
the persons making the same, for any partial estate or for any term or
terms of years or chattel interest; and it is expedient that such doubts
should be removed, and that such powers should be extended to autho-
rise the acceptance on the part of the Crown of any messuages lands or
hereditaments held by the person or persons making such exchanges for
any partial estate, or any term or terms of years or chattel interest, where
the reversion or remainder of such messuages lands or hereditaments
expectant on the determination of such estate or interest shall be either
immediately or ultimately in the Crown, in exchange for any messuages
lands or hereditaments held by the Crown in perpetuity; be it therefore
further enacted, That the said Commissioners of his Majesty's woods
forests and land revenues shall have full power and authority, with the
approbation of the said Lord High Treasurer or the Commissioners of his
Majesty's Treasury for the time being, or any three or more of them, to
convey any of the possessions of the Crown in England or Wales within the
survey and ordering of the Exchequer, in perpetuity or otherwise, in ex-
change for any messuages lands or hereditaments in England or Wales,
held by the person or persons making the same for any partial estate or
interest, or for any term or terms of years or any chattel interest, where
the reversion or remainder of such messuages lands or hereditaments
expectant upon the determination of such partial estate term or interest,
shall be either immediately or ultimately in the Crown; all which ex-
changes shall be made and carried into effect in such or the like manner
and under such or the like rules and regulations, as nearly as circum-
stances will admit, as the exchanges authorised by the said Act of the
forty-eighth year aforesaid are now usually made or carried into execu-
tion;
and all sums of money to be paid or received for equality of ex-
change shall be paid received or applied in like manner as any monies to
be paid or received for the like purpose upon any exchanges made under
the said Act are now payable or applicable; and all deeds or other in-
struments by which the same exchanges shall be effected, or which shall
relate thereto, shall be exempt from all stamp duties; and in making
such exchanges the lands or possessions of his Majesty so to be given in
exchange shall be vested in the person or persons to whom the same
shall be conveyed, for such estate or estates uses trusts intents or pur-
poses as shall be in or by such deeds or instruments, or by reference
therein to any other deeds or instruments, expressed or declared of and
concerning the same; and the messuages lands and hereditaments to be
given or taken in exchange for the same shall vest in his Majesty his
heirs or successors, or in the person or persons to whom the same shall
be conveyed, in trust for his Majesty his heirs or successors, in right of
his Crown, for all the estate term title or interest of the person or persons
making the same exchange, or for so much or such part or parts thereof
as shall be agreed contracted or intended to be given conveyed or as-
signed to or in trust for his Majesty, in or upon the treaty for such ex-
change; and all such exchanges, when so made, shall be goed valid and
effectual, any Act or Acts of Parliament law or usage to the contrary in
anywise notwithstanding.

V. And whereas doubts have been entertained whether any stewards of courts game-keepers forestal or other officers of any of his Majesty's hundreds manors lordships forests chases or warrens and other places, can be legally appointed for or within any such hundreds honors manors lordships forests chases warrens or other places by the Commissioners for the time being of his Majesty's woods forests and land revenues, and it is &c. and Game-keepers and other Officers, in certain cases.

point Stewards

Hundreds

Manors,

expedient that such doubts should be removed, and that the Commissioners for the time being of his Majesty's woods forests and land revenues, should be authorised on behalf of his Majesty to appoint stewards game-keepers and other officers for and within such hundreds honors manors and lordships forests chases warrens and other places in certain cases; be it therefore further enacted, That it shall and may be lawful to and for the Commissioners for the time being of his Majesty's woods forests and land revenues, on behalf of his Majesty his heirs and successors, by any instrument in writing under their hands or the hands of any two of them, from time to time to appoint such person or persons as they shall think fit to be the steward or stewards of any hundreds honors manors or lordships belonging to the Crown, within the survey of the Exchequer, where such offices are or hereafter shall be vacant and shall not be in the appointment of any grantee of the Crown, to hold and execute such offices until some person or persons shall be appointed thereto by his Majesty his heirs or successors, or by the said first Lord Commissioner of his Majesty's Treasury, or the Chancellor of the Exchequer for the time being, or until such appointment shall be revoked by the Commissioners for the time being of his Majesty's woods forests and land revenues, with full power and authority to hold and keep all and singular hundred courts courts leet views of frankpledge courts baron and customary and other courts within the limits and precincts of such hundreds honors manors or lordships respectively, and to do perform and execute all things belonging or incident to such offices; and also from time to time in like manner to appoint such person or persons as the said commissioners shall think fit, to execute all usual and customary forestal offices, and to preserve the deer beasts and birds of chase or warren and other game, within any such hundreds manors or lordships, or any of the royal forests chases or warrens, or the limits or precincts thereof within the ordering or survey of the Exchequer, where such offices are or hereafter shall be vacant and shall not be in the appointment of any grantee of the Crown, and also to preserve the fish belonging to his Majesty his heirs and successors in any of the waters within the limits or precincts aforesaid; and on his Majesty's behalf to grant licences to any person or persons to hunt hawk fish and fowl within any of such hundreds honors manors lordships forests chases warrens and waters respectively, and the demesnes thereof and places thereto adjoining; and to take and kill any such deer beasts or birds of chase or warren; also to take seize and destroy all unlawful dogs nets guns and engines used for the taking or destroying of deer beasts or birds of chase or warren or other game and fish; and the same appointments and licences respectively, or any of them, again at pleasure to revoke; and also to allow to any of such stewards game-keepers or other officers respectively, such salaries wages or emoluments as the said commissioners, with the consent of the Lord High Treasurer or the Lords Commissioners of his Majesty's Treasury, or any three or more of them, to be signified by any warrant of the said Lord High Treasurer or the said Lords Commissioners of the Treasury, or any three of them, shall deem an adequate remuneration for their care and trouble in executing the duties of their respective offices and employments; and all such appointments so to be made as aforesaid shall be good valid and effectual to all intents and purposes whatsoever, and have such and the like force and effect as if the same had been made by his Majesty his heirs or successors.

No. LI.

1 & 2

Geo. IV.

c. 52.

VI. Provided always, and be it enacted, That nothing herein-before Right of Apcontained shall extend or be construed to extend, to abridge or interfere pointment of with the right of appointment of master-keepers under-keepers or other Master-keepofficers of or in any royal forest, so long as such right shall be vested in ers, &c. not afany warden of any such forest. fected.

VII. And be it further enacted, That no lease contract deed of ex- Instruments change appointment licence or other instrument, which shall be made under this Act granted entered into or executed by the Commissioners of his Majesty's exempted from woods forests and land revenues, under any of the powers or authorities Stamp Duty. hereby granted, nor any contracts or agreements deeds or other instru

VOL. 1.

2 R

« PreviousContinue »