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Perfon whatever fhall prefume to take or obtain any Gift, Grant, Eftate, or Intereft of or in the faid Inclofures, or any Wood or Trees growing thereon, every fuch Gift, Grant, Eftate, or Intereft fhall ipfo facto be null and void, and the Perfon fo taking the fame fhall be utterly difabled and incapable to have, hold, or enjoy any fuch Gift, Grant, Eftate, or Intereft, and alfo fhall forfeit Treble the Value of any fuch Gift or Grant to him who fhall firft fue for the fame in any of His Majefty's Courts of Record at Weflminfler by Action of Debt, wherein no Effoign or Wager of Law fhall be allowed to the Defendant.

Nur

Penalty for breaking

Inclofures.
1ft Offence 101,
24, 201

3d, fingle
Felony.

VII. And be it further enacted, That every Perfon who fhall wilfully deftroy or take away, or fhall break down any Fence or Inclofure, or any Part thereof, made for the Protection of any feries of Wood and Timber as aforefaid, fhall for the First Offence forfeit the Sum of Ten Pounds, and for the Second Offence the Sum of Twenty Pounds, and for the Third Offence fhall be deemed guilty of Felony, and may be tranfported to any Part beyond the Seas for the Term of Seven Years, or be fubject to fuch other Punishment by Fine, Imprifonment, or otherwife, as the Court before which fuch Perfon fhall be convicted may direct; and fuch Penalties fhall and may be recovered, and on Non-payment thereof, the Perfon who fhall forfeit the fame may be committed to Prifon, in the Manner and for the fame Periods as is fpecified in an Act paffed in the Sixth 6 G. 3. c.4% Year of the Reign of His prefent Majefty, intituled, An Ad for the better Prefervation of Timber Trees, and of Woods and Underwoods, and for the further Prefervation of Roots, Shrubs, and Plants, in relation to the Penalties of Twenty Pounds and Thirty Pounds refpectively, for wilfully cutting or breaking down any Timber under the faid Act,

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CA P. LXXIII.

An Act to improve the Land Revenue of the Crown in
England, and also of His Majefty's Duchy of Lancaster.
[18th June 1808.]

THEREAS an A&t paffed in the Thirty-fourth Year of the 34 G. 3. c. 75. Reign of His prefent Majefty, intituled, An Act for the better Management of the Land Revenue of the Crown, and for the Sale of Fee Farm and other unimproveable Rents; and it is expedient, that further Provifions fhould be made for the better Management of the Land Revenues of the Crown within the ordering and Survey of the Exchequer, and of the Duchy of Lancafler ; be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That where any Land or Ground be. longing or hereafter to belong to His Majefty, His Heirs or Succeffors, within the ordering and Survey aforefaid, shall be deemed by the Lord High Treasurer or Commiffioners of the Treafury, or the Chancellor of the Duchy of Lancafter for the Time being, fit and proper for Gardens, Yards, Curtilages and other Appurtenances to be ufed and enjoyed with any Houfe or Houfes or Buildings erected or to be erected upon Ground belonging either to His Majefty, His Heirs or Succeffors, or to any other Proprietors, it fhall be lawful

for

His Majefty nay grant

Leafes for 99 years of Lands

be used with Houfes buir either on Crown Lands or oilers.

Crown Land not

to be granted for longer Time than

Honfe.

for His Majefty, His Heirs or Succeffors, to demife or grant fucha
Land or Ground to any Perfon or Perfons, or to any Bodies Poli-
tick or Corporate, under the Great Seal of Great Britain, or the
Seal of the Exchequer, or the Scal of the Duchy and County Pala-
tine of Lancaster, for any Term or Eitate not exceeding Ninety-nine
Years to be computed from the Date or making of any fuch Leafe
or Grant refpectively; or if any fuch Leafe or Grant be made to take
effect in Reversion or Expectancy, then that the Term and Estate
thereby to be granted, together with the Term or Eftate, Terms or
Eftates in Poletion of and in the fame Lands and Ground shall not
exceed Ninety-nine Years, computed from the Date or making there
of as aforefaid.

II. Provided always, and be it further enacted, That no Land or Ground for Garden, Yard, Curtilage or other Appurtenance to be the Term of the ufed and enjoyed with any Houfes or Buildings holden or to be holden under any Leale from His Majefty or His Royal Predeceffors, fhall be granted or demited for any Term or Estate exceed. ing in Duration the Term or Eftate for which the Houses or Buildings to which fuch Land or Ground fhall be fo attached as Garden, Yard, Curtilage or other Appurtenance fhall be holden.

No Leafe of Crown Lands fhall be granted for Life.

Crown Leafes

III. And be it further enacted, That from and after the paffing of this Act no Leafe of any Land or Ground belonging or hereafter to belong to His Majefty, His Heirs or Succeffors, within the ordering and Survey of the Exchequer in England, thall in future be granted for any Life or Lives; any Thing in any former Act of Parliament to the contrary notwithilanding; excepting only fuch Leafe or Leafes for Lives, as in and by a certain Act paffed in the Forty-fourth Year of His Majelty's Reign, intituled, An Act for inclofing Lands in the Parish of Great Staughton in the County of Huntingdon, is and are authorized to be granted.

IV. Provided always, and be it further enacted, That it fhall be for Gardens may lawful to renew any Leafes of fuch Land or Ground demifed or

be renewed, as

the Leafes of Houfes may under 34 G. 3. c. 75. § 5, 6.

Leafes may be

renewed at any Time, a far as relates to Lands

deemed proper for Gardens.

granted under the Authority of this Act, for Garden, Yard, Curtilage and other Appurtenances to be used and enjoyed with any Houfes or Buildings, at fuch Times and upon fuch Terins, and under and fubject to the fame Rules, Restrictions, and Provitions, as are prefcribed by the faid recited Act of the Thirty-fourth Year of His prefent Majefty or by this Act, for the Renewal of Leafes of any Tenements and Ifcreditaments authorized thereby refpectively, to be granted for a Term not exceeding Ninety-nine Years: Provided always, that where any fuch Land fhall be held and used under this Act as a Garden, Yard, Curtilage or other Appurtenance to any Houles or Buildings holden under any Lcafe from the Crown, it shall be lawful to renew the Leafe of fuch Land at the fame Time as the Leafe of fuch Houfes and Buildings are renewed, and for the fame Term and under the like Conditions.

V. Provided alfo, and be it further enacted, That whenever Lands or Grounds, or Part of any Lands or Grounds held under any Leafe or Grant from His Majesty or His Royal Predeceffors, fhall have been or be deemed proper and fit as aforefaid for Gardens, Yards, Curtilages or other Appurtenances as aforefaid, it fhall be lawful at any Time during the Continuance of the Demife of any fuch Lands or Grounds, to renew the Leafe or Grant thereof, or of fuch Part thereof as aforefaid, under fuet Provifions and Conditions as are here

inbefore

any

inbefore prefcribed, for the Demife or Grant of any Land or Ground to be used as a Garden, Yard, Curtilage or other Appurtenance. VI. Provided always, and be it further enacted, That it fhall be lawful for the faid Surveyor General, with the Approbation of and by the Direction of the Lord High Treafurer or Commiffioners of the Treasury for the Time being, or any Three of them, to contract and agree with any Body or Bodies Politick or Corporate, or Person or Perfons holding any Meffuages, Lands, Premifes, Tenements, or Hereditaments belonging to the Crown, for the Surrender of Lease thereof, or to purchafe and buy up any Leafe, or the Remainder of any Term of any Leafe of any Meffuages, Lands, Premises, Tenements, or Hereditaments belonging to the Crown, which may be convenient for the publick Service, and may, by any Three or more of the Commiffioners of the Treasury for the Time being, be deemed eligible to be purchafed or bought up, and to pay the Confideration agreed to be paid for fuch Surrender or Purchase to the Body or Bodies, or Perfon or Perfons entitled thereto, out of any Money arifing from any Sales heretofore made, and which may be vefted in the Bank of England in the Three Pounds per Centum Confolidated Bank Annuities, or which may hereafter arife from any Sale of any Property belonging to the Crown, under this Act, or the faid recited Acts as aforefaid.

VII. And whereas by the faid recited Act, new Leafes to be granted upon the Surrender of any fubfifting Leafe are limited to the faid Term of Years as was granted by fuch furrendered Leafe; and it may be doubtful in Cafes wherein a Power is given by the faid recited Act, to renew any Leafe or Grant, whether if the fubfifting Lease be furendered the fame can be renewed for a longer Term than was granted by fuch furrendered Leafe;' be it therefore enacted and declared, That in all Cafes in which any Leafe or Grant of any Lands, Houfes, Tenements, or Hereditaments may be renewed under the faid recited Act or this Act, it fhall be lawful to make any new Leafe or Grant of fuch Premises upon the Surrender thereof, for fuch Term and upon the fame Conditions as if the fame had been renewed under the Provifions of the faid recited Act or this Act, and had not been firft furrendered.

VIII. And be it further enacted, That all Charges and Expences of any new Leafe or Grant made upon the Surrender of any fubfifting Leafe or Grant under the faid recited Act of the Thirtyfourth Year of His prefent Majefty, fhall be borne and defrayed by the Leffees or Grantees thereof refpectively,

IX. And be it further enacted, That in all Cafes where the Enrolment of any Leafe or Afligument, or Minute or Dockets thereof before the Auditor of the Land Revenue, or the Auditors of the Duchy of Lancafler, or the Entry of any Leafe or Affignment, or Minute or Docket of any Leafe or Affignment, in the Office of the faid Surveyor General, or Auditors of the faid Duchy, has been or fhall be omitted or delayed beyond the Period limited in any fuch Leafe, it shall be lawful for the Chancellor of the faid Duchy of Lancafter, or the faid Surveyor General, for any reasonable Caufe to them or either of them fhewn for the Omiflion or Delay, and they and each of them are and is hereby empowered to authorize and permit the making of any fuch Enrolment or Entry nuac pro tunc; and the faine

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88 G. 3. e. 60.

42 G. 3. c. 116. $131, &c.

of Land-Tax.)

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A.D.1808. fame respectively when made under fuch Authority fhall be as valid and effectual as if made within the Period limited for that Purpose. X. And whereas by an A&t paffed in the Thirty-eighth Year of His prefent Majefty, intituled, An Ad for making perpetual, fubject to Redemption and Purchafe in the Manner therein flated, the feveral Sums of Money now charged in Great Britain as a Land Tax for One Year, from the Twenty-fifth Day of March One thousand feven hun dred and ninety-eight; and by another Act paffed in the Forty-fecond Year of His prefent Majefty, intituled, An Ad for confolidating the For Redemption Provifions of the feveral Aas paffed for the Redemption and Sale of the Land Tax into One A, and for making further Provifion for the Redemption and Sale thereof, and for removing Doubts refpecting the Right of Perfons claiming to vote at Elections for Knights of the Shire and other Members to ferve in Parliament, in respect of Meffuages, Lands, or Tenements, the Land Tax upon which shall have been redeemed or purchafed; the Chancellor and Council of the Duchy of Lancafler for the Time being is empowered to fell and difpofe of, and thereupon to grant and affure in the Name of His Majefty, His Heirs and Succeffors, under the Seal of the faid Duchy of Lancafler, fuch and fo much of the Manors, Meffuages, Lands, Tenements, Tythes, Mines, Minerals, Collieries, Woods, Wood Grounds, Fens, Marthes, or Waste Lands belonging to the Crown, as are within the Survey and Receipt of the faid Duchy, as would raise a Sum fufficient for the Redemption of the Land Tax charged on the Revenues belonging to the Crown, within the Survey and Receipt of the faid Duchy: And whereas it may be ex'pedient, that Power fhould be continued in the faid Chancellor and Council to fell fuch Portion of the faid Revenues as fhall be the leaft productive in proportion to their Value before or after the faid Land Tax charged upon the Revenues belonging to the said Duchy 'fhall have been redeemed;' be it therefore enacted, That it shall be lawful for the Chancellor and Council of the faid Duchy of Lancafter for the Time being, to fell and difpofe of to any Perfon or Perfons, Bodies Politick, or Corporate, from Time to Time, and thereupon to grant and affure in the Name of His Majesty, His Heirs and Succeffors, under the Seal of the faid Duchy, fuch Manors or Lordships belonging to the Crown, as are within the Sur vey and Receipt of the faid Duchy, as confift of the Manerial Rights without any Lands, or with very fmall Quantities of Land belonging to them, and where the greater Part of the Lands over which the Manerial Rights extend is the Property of Individuals, and of Manors or Lands of which His Majesty in Right of his Duchy as aforefaid, is not the fole Proprietor, but is entitled to an undivided Share jointly with Individuals, and intermixed with the Property of Individuals, and lying remote from other Property belonging to the Crown, and of Ground or Buildings appertaining or antiently held with any Caftle or ftrong Building now or lately ufed for a Common Gaol, or with any Building ufed for holding the Affizes or Seffions in any County or District, or for the Court Houfe or Gaoler's Houle, or in which the Magiftrates for any County or Diftrict may claim to have Rights from the Length of Ufe or Enjoyment for the publick Purposes of fuch County or Diftrict, and of Tythes belonging to the Crown, within the Survey of the faid Duchy afore

Chancellor and Council of Duchy of Lancaster empowered to fell certain Lands, under Regulations of recited Acts.

faid

faid, iffuing out of Lands, which are the Property of Individuals, and of Mills, Fisheries, Ferries, Tolls, and Stalls of Markets and Fairs, and Waftes belonging to the Crown, within the Survey of the Duchy aforefaid, upon or from which Ufurpations or Incroachments have been made by Individuals, for the best Prices or Confiderations in Money which the faid Chancellor and Council fhall be able to procure for the fame; and the Purchase Money to be paid for the fame fhall from Time to Time be paid into the Hands of the Receiver General of the Revenues of the faid Duchy, in the like Manner as the Monies arifing from the Sale of Lands of the Duchy authorized by the faid recited Acts of the Thirty-eighth and Forty-fecond Years of His prefent Majelly are directed to be paid; and all Sales made under this Act of the Property herein-before described, fhall be made in the fame Manner and Form, and under the like Rules, Regulations, and Provifions, and fhall be to all Intents and Purpofes as valid and effectual as if the fame had been made under the faid Acts of the Thirty-eighth and Forty-fecond Years of His prefent Majefty, or either of them.

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XI. And whereas by an Act paffed in the Thirty-eighth Year of His prefent Majefty, intituled, An Act for making perpetual, fubje& to Redemption and Purchafe in the Manner therein ftated, the feveral Sums of Money now charged in Great Britain as a Land Tax for One Year, from the Twenty-fifth Day of March One thousand feven hundred and ninety-eight; and another At paffed in the Forty-fecond Year of his faid prefent Majefty, intituled, An Ad for confolidating the Provifions of the feveral Acts paid for the Redemption and Sale of the Land Tax into One A&, and for making further Provifion for the Redemption and Sale thereof, and for removing Doubts refpecting the • Right of Perfons claiming to vote at Elections for Knights of the Shire and other Members to ferve in Parliament, in respect of Meffuages, 'Lands, or Tenements, the Land Tax upon which shall have been redeemed or purchafed; the faid Surveyor General of the Land Revenues of the Crown for the Time being was empowered to 'contract for the Sale, from Time to Time, of fuch or so much of the Manors, Meffuages, Lands, Tenements, Tythes, Mines, Minerals, Collieries, Woods, Wood Grounds, Fens, Marfhes, or Wafte • Lands belonging to the Crown, within the Survey or Receipt of the Exchequer in England, as would raife a Sum fufficient for the • Redemption of the Land Tax charged on the Land Revenue belonging to the Crown: And whereas in purfuance of the faid recited Provifion, certain Parts of the Property of the Crown which are leaft productive in proportion to their Value, have been felected for the Purpose of being fold, and a large Part thereof has actually been fold to great Advantage, and the Augmentation of the Land Revenue of the Crown; but a confiderable Portion of the different Kinds of Property fo felected for Sale will ftill remain undifpofed of, after the neceffary Fund for the Redemption of fuch Land Tax 'fhall have been raised; and it is expedient that Power should be continued to the faid Surveyor General to fell the faid Portion of Pro'perty fo remaining undifpofed of under the faid recited Acts, and to make further Sales of Property of the like Defcription;' be it therefore enacted, That it fhall be lawful for the faid Surveyor General for the Time being, to contract or agree with any Perfon or Perfons, or any Bodies Politick or Corporate, for the Sale from Time to Time

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of

Land-Tax
Redemption

Acts 38 G. 3.

c. 60.

42 G. 3. c. 116, § 131, &c.

Surveyor

General empowered to

fell Manors,

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