Page images
PDF

inbefore prescribed, for the Demise 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 shall be lawful for the said Surveyor General, with the Approbation of and by the Direction of the Lord High Treasurer or Commissioners of the Treasury for the Time being, or any Three os them, to contract and agree with any Body or Bodies Politick or Corporate, or Person or Persons holding any Messuages, Lands, Premises, Tenements, or Hereditaments belonging to the Crown, for the Surrender of any Lease thereof, or to purchase and buy up any Lease, or the Remainder of any Term of any Lease of any Messuages, Lands, Premises, Tenements, or Hereditaments belonging to the Crown, which may be convenient for the puhlick Servic*, and may, by any Three or more of the Commissioners of the Treasury for the Time being, be deemed eligible to be purchased or bought up, and to pay the Consideration agreed to be paid for such Surrender or Purchase to the Body or Bodies, or Person or Persons entitled thereto, out of any Money arising from any Sales heretofore made, and which may be vested in the Bank of England in the Three Pounds per Centum Consolidated Bank Annuities, or which may hereafter arise from any Sale of any Property belonging to the Crown, under this Act, or the said recited Acts as aforesaid.

'VII. And whereas by the said recited Act, new Leases to be 'granted upon the Surrender of any subsisting Lease are limited to 'the said Term of Years as was granted by such surrendered Lease; 'and it may be doubtful in Cases wherein a Power is given by the said 'recited Act, to renew any Lease or Grant, whether if the sub'sifting Lease be surendered the same can be renewed for a longer Term 'than was granted by such surrendered Lease be it therefore enacted and declared, That in all Cases in which any Lease or Grant os any Lands, Houses, Tenements, or Hereditaments may be renewed under the said recited Act or this Act, it (hall be lawful to make any new Lease or Grant of such Premises upon the Surrender thereof, for such Term and upon the same Conditions as if the fame had been renewed under the Provisions of the said recited Actor this Act, and had not been first surrendered.

VIII. And be it further enacted, That all Charges and Expences of any new Lease or Grant made upon the Surrender of any subsisting Lease or Grant under the said recited Act of the Thirtyfourth Year of His present Majesty, (hall be borne and defrayed by the Lessees or Grantees thereof respectively.

IX. And be it further enacted, That in all Cases where the Enrolment of any Lease or Assignment, or Minute or Dockets thereof before the Auditor of the Land Revenue, or the Auditors of the Duchy of Lancaster, or the Entry of any Lease or Assignment, or Minute or Docket of any L*ase or Assignment, in the Office of the said Surveyor Genera!, or Auditors of the said Duchy, has been or (hall be omitted or delayed beyond the- Period limited in any such Lease, it (hall be lawful for the Chancellor of the said Duchy of Lancujler, or the said Surveyor General, for any reasonable Caule to them or cither of them (hewn for the Omission or Delay, and they and each of them are and is hereby empowered to authorize and permit the making of any such Enrolment or Entry nunc pro tune; aud the • ■ • same

[merged small][merged small][ocr errors][ocr errors]
[ocr errors]

same respectively when made under such Authority shall be as valid and effectual as if made within the Period limited for that Purpose. MC.3.t. 60. X. « And whereas by an Act passed in the Thirty-eighth Year of « His present Majesty, intituled, An Ad for mailing perpetual,subjed 4 to Redemption and Purchase in the Manner therein stated, the several 'Sums os Money now charged in Great Britain as a Land Tax for One 4 Tear, from the Twenty-fifth Day of March One thousand seven hun4 dred and ninety-eight; and by another Act passed in the Forty-second

* Year of His present Majesty, intituled, An Ad for consolidating the 'Provisions of the several Ads passed for the Redemption and Sale of 4 the Land Tax into One Ad, and for making further Provision for the 'Redemption and Sale thereof, and for removing Doubts refpeding the 'Right of Perjons claiming to vote at Eledions for Knights of the Shire 'and other Members to serve in Parliament, in refped of Messuages, 'Lands, or Tenements, the Land Tax upon which shall have been 'redeemed or purchased; the Chancellor and Council of the Duchy of 4 Lancaster for the Time being is empowered to fell and dispose of,

* and thereupon to grant and assure in the Name of His Majesty, 'His Heirs and Successors, under the Seal of the said Duchy of

* Lancaster, such and so much of the Manors, Messuages, Lands,

* Tenements, Tythes, Mines, Minerals, Collieries, Woods, Wood

* Grounds, Fens, Marshes, or Waste Lands belonging to the Crown, 4 as are within the Survey and Receipt of the said Duchy, as would

* raise a Sum sufficient for the Redemption of the Land Tax 4 charged on the Revenues belonging to the Crown, within the Sur

* vey and Receipt of the said Duchy: And whereas it may be ex

* pedient, that Power should be continued in the said Chancellor and 4 Council to sell such Portion of the said Revenues as shall be the 4 least productive in proportion to their Value before or after the said 4 Land Tax charged upon the Revenues belonging to the said Duchy 4 (hall have been redeemed;' be it therefore enacted. That it shall be lawful for the Chancellor and Council of the said Duchy of Lascaster for the Time being, to sell and dispose of to any Person or Persons, Bodies Politick, or Corporate, from Time to Time, and thereupon to' grant and assure in the Name of His Majesty, His Heirs and Successors, under the Seal of the said Duchy, such Manors or Lordships belonging to the Crown, as are within the Survey and Receipt of the said Duchy, as consist of the Manerial Rights without any Lands, or with very small 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 aforesaid, is not the sole 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 Castle or strong Building now or lately used for a Comfnon Gaol, or with any Building used for holding the Assizes or Sessions in any County or District, or for the Court House or Gaoler's House, or in which the Magistrates for any County or District may claim to have Rights from the Length of Use or Enjoyment for the publick Purposes of such County or District, and of Tythes belonging to the Crown, within the Survey of the said Duchy aforesaid*

Chancellor and Council of Duchy of Lancaster emijowered to sell certain Lauds, under Keirulations of (ceiled Acts.

[ocr errors]

said, issuing out of Lands, which are the Property of Individuals, and of Mills, Fisheries, Ferries, Tolls, and Stalls of Markets and Fairs, and Wastes belonging to the Crown, within the Survey of the Duchy aforesaid, upon or from which Usurpations or Incroachments have been made by Individuals, for the best Prices or Considerations in Money which the said Chancellor and Council shall be able to procure for the same; and the Purchase Money to be paid for the same (hall from Time to Time be paid into the Hands of the Receiver General of the Revenues of the said Duchy, in the like Manner as the Monies arising from the Sale of Lands of the Duchy authorized by the said recited Acts of the Thirty-eighth and Forty-second Years of His present Majesty are directed to be paid; and all Sales made under this Act of the Property herein-before described, shall be made in the same Manner and Form, and under the like Rules, Regulations, and Provisions, and shall be to all Intents and Purposes as valid and effectual as if the fame had been made under the said Acts of the Thirty-eighth and Forty-second Years of His present Majesty, or either of them.

XI. 'And whereas by an Act passed in the Thirty-eighth Year of LanJ-Tax 'His present Majesty, intituled, An Act for mating 'perpetual, subject R^wnptjo"

* to Redemption and Purchase in the Manner therein Jlated, the several 'Sums of Money now charged in Great Britain as a LandTaxfor One 1 Tear, from the Twenty fifth Day of March One thousand seven hun

dred and ninety-eight; and another Act passed in the Forty-second

* Year of his said present Majesty, intituled, An At~t for consolidating
'the Provisions ofthe several Acts passed for the Redemption and Sale of
'the Land Tax into One Act, and for making further Provision for the

Redemption am! Sale thereof, and for removing Doubts respecting the
1 Right of Persons claiming to vote at Elections for Knights of the Shire
'and other Members to serve in Parliament, in respect os Messuages,
'Lands, or Tenements, the Land Tax vpen which shall have been re-

, 'deemed or purchased; the said 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 such or so much of 'the Manors, Messuages, Lands, Tenements, Tythes, Mines, Miner

* als, Collieries, Woods, Wood Grounds, Fens, Marshes, or Waste 'Lands belonging to the Crown, within the Survey or Receipt of 'the Exchequer in England, as would raise a Sum sufficient for the 'Redemption of the Land Tax charged on the Land Revenue belong'ing to the Crown: And whereas in pursuance of the said recited 'Provision, certain Parts of the Property of the Crown which are 4 least productive in proportion to their Value, have been selected for

* the Purpose of being sold, and a large Part thereof has actually been

* fold to great Advantage, and the Augmentation of the Laud Re'venue of the Crown; but a considerable Portion of the different 'Kinds of Property so selected for Sale will still remain undisposed

* of, after the necessary Fund for the Redemption of such Land Tax 'shall have been raised ; and it is expedient that Power should be con'tinued to the said Surveyor General to sell the said Portion of Pro

* perty so remaining undisposed of under the said recited Acts, and

* to make further Sales of Property of the like Description be it therefore enacted, That it shall be lawful for the said Surveyor General for the Time bein^, to contract or a~ree with any Person or Persons, ut any Bodies Politick or Corporate, for the Sale from Time to Time

of

[ocr errors]

Quit Rents and certain Rights of the Croivii under Rezilatiunsof itciu-i A sh.

Application of tin Purchase Money.

Produce of Sales of Duchy and Crown Lands, &c. shall be invested in o per Cent. Stork applicable as Stock under land Tax Redemption Acts, 38 and 42 Ca.

of such Manors or Lordships belonging to the Crown as consist of Manerial Rights and Quit R«nts, without any Lands or with very small 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 is not the sole Proprietor, but is entitled to an undivided Share jointly with Individuals, and of Lands dispersed in small Quantities, and intermixed with the Property of Individuals, and lying remote from other Property belonging to the Crown, and of Grounds or Buildings appertaining to or anciently held with any Castle or strong Building now or lately used for a Common Gaol, or with any Building uiod for holding the Assizes or Sessions in any County or District, or for ajCourt House or Gaoler's House, or in which the Magistrates of any County or District may claim to have Rights from Length of Use or Enjoyment for the publick Purposes of such County or District, and of Tythes belonging to the Crown issuing out of Lands which are the Property of Individuals, and of Mills, Fisheries, and Ferries, and Mooring Chains and Wastes belonging to the Crown, the Possession of which has been usurped or encroached upon, for the best Prices or Considerations in Money which the said Surveyor General shall be able to procure for the same, and the Purchase Money to be paid for the same shall from Time to Time be paid into the Bank of England to the Account of the Commissioners of His Majesty's Treasury, in like Manner as the Monies arising from the Sales of Land Revenue authorized by the said recited Acts of the Thirtyeighth and Forty-second Years of His present Majesty are directed to be paid; and all Sales made under this Act of the Property hereiu-before described, shall be made in the same Manner and Form, and under the like Rules, Regulations, and Provisions, and shall be to all Intents and Purposes as valid and effectual as if the fame had beon made under the said recited Acts of the Thirty-eighth aiid Forty-second Years of His present Majesty, or either of them.

XII. Provided always, and be it further enacted, That it shall be lawful for the said Chancellor and Council of the said Duchy, and the said Surveyor General to order and direct that the Purchase Monies which shall hereafter arise by Sales to be made of Property belonging to His Maj?fly, His Heirs and Successors, within the ordering and Survey aforesaid, under the said recited Acts of the Thirty-eighth and Forty-second Years of His present Majesty, or under this Act (excepting only as far as it relates to Enfranchisements of Copyholds and Sales of Manerial Rights respectively), and which shall be paid into the Bank of England under the Directions of any of the Three last-mentioned Acts, shall be laid out in the Purchase either os Three Pounds per Centum Consolidated Bank Annuities, or Three Pounds per Centum Reduced Annuities, in the Names of the Commissioners of His Majesty's Treasury, or in the Name of the Duchy of Lancajler, in like Manner in all Respects as is prescribed in the said recited Acts of the Thirty-eighth and Forty-second Years of His present Majesty, with relation to Purchases of Three Pounds per Centum Consolidated Bank Annuities under those recited Acts respectively, and the Capital Stock purchased under the Provisions of this Act, whether Three per Centum Consolidated Bank Annuities, or Three per Centum Reduced Annuities, and the Interest or Dividends arising therefrom, shall be subject to be disposed

posed of and applied in the same Manner, to the same Purposes, and under the fame Rules, Regulations, and Provisions, as are prescribed in the said recited Acts of the Thirty-eighth and Forty-second Years of His present Majesty, with respect to .Stock purchased by Sales of any of the said Land Revenues authorized by the said lastmentioned Acts, and with respect to the Dividends and yearly Interest arising' therefrom.

XIII. Aud be it further enacted, That it (lull be lawful for the said Surveyor Geneial for the Time being, to contract and agree with any Person or Persons, or Body or Bodies Politick or Corporate, being Tenant or Tenants of any Copyhold or Customary Tenements, Parcel of or liolden of any Manor belonging to the Crown, within the Survey or Receipt of the Exchequer in England, for the Enfranchisement of any such Copyhold Tenements, or with any Person or Persons (though not such Tenants of any such Copyhold Tenements) si>r the Sale of the Manerial Rights belonging to the Crown therein, at or for the best Prices or Considerations in Money which the said Surveyor Geneial (hall or may be able to procure sir the same, and which shall he approved of by the Loid High Treasurer or CommilTi.mers of the Trealury for the Tune being* and the Tenement?, so agreed to be enfranchised, or upon which the Manerial Rights (hall have been so contracted for, and the Consideration to be paid for the same, shall be specified in a Certificate to be granted for that Purpose, and the Consideration Monies so to he paid shall be accepted, and Receipt given for the iamet and the laid Certificate and Receipt shall be enrolled, and the Enrolment thereof (hall be attested in the same Form and Manner, and under the same Rules, Regulations, and Provisions respectively (except where it is otherwise provided by this Act) as are contained in the said recited Act of the Thirty-fourth Year of His present Majesty, with relation to the Conveyance of Fee Farm Rents to th.- PurchSsers thereof under that Act j and such Certificate and Receipt shall also, in the Court Rolls of the Manor und :r which the Tenement to which the fame relates is holden, be enrolled by the Steward of such Manor or his lawful Deputy, who is hereby required forthwith to enrol such Certificate and Receipt upon the Production thereof to him, and having enrolled the said Certificate aud. Receipt as aforesaid, shall attest the same under his Hand, and return the said Certificate and Receipt to the Purchaser or Purchasers; and from and immediately after such Enrolments, and thenceforth forever, the respective Copyhold Tenements included in any such Certificate, relating to the En. franchisement thereof, shall be enfranchised, and the Tenants thereof respectively shall hold the same freed and discharged of and from all Claims and Demands which can or may be made by His Majesty, His Heirs or Successors, or by any Person or Persons lawfully claiming by, from, or under them, as Lords of the Manor to which such Tenements before the Enfranchisement thereof belonged, and as Mly and amply to all Intents and Purposes as His Majesty, His H«irs or Successors, might or could have held or enjoyed the fame; and from and immediately after such Enrolments and thenceforth for ever, the respective Purchases of any Manerial Right mentioned in any such Certificate, relating to the Purchase thereof, and their Heirs and Assigns, shall by force of this Act be adjudged, d«raed, and taken to be in the actual Seisiu and Posielsio;. ot the

Manerial

[ocr errors][ocr errors]
« PreviousContinue »