« PreviousContinue »
XXV. 1 And whereas it is necessary to vest a discretionary 'Power in the Lord High Treasurer or Commissioners of the Trea'fury, to determine the Rent upon Leases of Lands, Tenements, and
* Hereditaments belonging to the Crown, within the ordering and
* Survey aforesaid, in certain Cases not provided for by Law;' be it therefore enacted, That for and in respect of any Lease or Grant under the Great Seal, or the Seal of the Exchequer, of any Houses or other Buildings which (hall be certified by Surveyors not to require rebuilding, and which shall be of greater yearly Value than the Ground on which they are built, but which a Lessee may desire to pull down in order to erect other Houses or Buildings of greater Value for his own Accommodation or Advantage, of Houses or other Buildings which may have been damaged or destroyed by Fire, or Ground on which such Buildings lave been erected, and also of Houses or other Buildings which shall be only in part rebuilt, or to which new Buildings shall be added, and also of Ground to be granted as Gardens, Yards, dr Curtilages to Houses already erected or to be erected, whether on Ground belonging to His Majesty, or to any other Proprietor, it shall be lawful for the Lord High Treasurer, or the Lords Commissioners of His Majesty's Treasury at their Discretion, to admit of the Consideration being paid, either in Rent only or in Rent and Fine; provided always, that where a Fine (hall be taken it mall not exceed the Proportion of One Third Part of the net annual Value of the Premises, in respect of which the same shall be paid, nor be computed at a higher Rate than the highest legal Interest.
XXVI. 'And whereas the most usual Mode of Reservation in, 'Leases of Mines, Collieries, Quarries, and other Mineral and Fossil 'Substances, and that which is best adapted to this Kind of Pro'perty, is a certain Share of the Ore or other Produce in Kind, or 'a Rent or Duty in Money payable on the Quantity raised;' be it therefore enacted, That it (hall be lawful in Leases under the Great Seal, or the Seal of the' Exchequer, of Mines, Collieries, Quarries, and other Mineral and Fossil Substances belonging to His Majesty, within the ordering and Survey aforesaid, instead of any other annual Rent, to receive such Share of the Produce in Kind, or such Rent or Duty upon the Quantity or Value of such Produce, as the Lords Commissioners of the Treasury, or any Three or more of them, shall think proper.
XXVII. 'And whereas Hi6 Majesty, in Right of His Crown, is
* Owner of the Soil of the Great Forejl of Brecknock in the County
* of Brecknock, and of the Mines, Minerals, and other Substances 'within and under the fame, and is also entitled to the Herbage there'of, subject to the Dcpasturage of Cattle of Occupiers of certain 'Lands within and adjacent to the said Forest, at annual, fixed, 'and customary Payments: And whereas by reason of such Depas1 turage of Cattle, and the Nature and Extent of the siiid Forest, and 'of the Soil, the Rights and Interests of His Majesty therein cannot 'be made productive in their present State, and it is therefore expe
* dient that Power should be given to dispose of the same;' Be it therefore enacted, That it shall be lawful for the said Surveyor General for the Time being, to contract and agree with any Person or Persons, or any Bodies Politick or Corporate, for the Sale of the Soil, Mines, or other Minerals, or other Substances or Herbage,
Q 3 °r
Power m Treasury to ascertain Consideration either in Rent only, or partly in Kent and partly in Fine, in certain Case*.
In I^ease of
("ronn i« the
Forest of lirccln A may be sold by Surveyor General with Approbation ot" the Treasury, urnler the Regulation of this Act as to Sale of Crown Lauds.
or any other Rights or Interests of His Majesty, His Heirs and Successors, in the said Forest or any Part thereof, or in any Manner appertaining thereto or existing within the same, within the ordering and Survey aforesaid, at or for the bust Prices or Considerations in Money which the said Surveyor General shall be able to procure for the same, and which shall be approved of by the Lord High Treasurer or Commissioners of the Treasury for the Time being; and the Purchase Monies to be paid for the fame (hall from Time to Time be paid into the Bank of England to the fame Account, and shall be invested in the Purchase of Stock of the same Denominations, and the Stock so purchased, and the Interest and yearly Dividend arising therefrom, shall be applied in the same Manner, and subject to the same Regulations as are herein-before prescribed with respect to the Purchase Monies arising from the Sales of Crown .Lands hereinbefore authorized; and such Sales of any such Rights and Interests, in the said Forest shall be made in the same Manner and under the same Regulations, and the Certificates and Receipts to be given shall be in the same Form mutatis mutandis as are herein-before directed with respect to the Sales of Crown Lands; and from and immediately after the Enrolment of the said Certificate and Receipt in the Office of the Auditor of the Land Revenue; and thenceforth for ever the respective Purchasers, their Heirs, Successors, and Assigns, shall be adjudged, deemed, and taken to be in the actual Seisin and Possession of the Premises so by them respectively purchased, and shall hold the same peaceably and quietly, 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 Him or under Him or them, and of and from all Manner of Incunibrances whatsoever, as fully and amply to all Intents and Purposes as His Majesty, His Heirs and Successors, might or could have held or enjoyed the fame.
XXVIII. And be it further enacted, That whenever it shall appear to the said Chancellor and Council of the said Duchy, or to the said Surveyor General, that it would be for the Advantage of the Land Revenue of the Crown to, exchange any Parcel or Parcels of Land belonging to His Majesty, His Heirs and Successors, for any other Parcel or Parcels of Land of equal or nearly equal Value, belonging to any other Person or Persons, Bodies Politick or Corporate, and such other Person or Persons or Bodies (hall consent to such Exchange, it shall be lawful for the Surveyor General of the said Duchy and the said Surveyor General to cause the Value as well of the said Parcel or Parcels of Land belonging to His Majesty, His Heirs or Successors, as of the said Parcel or Parcels of Land proposed to be exchanged for such Land of His Majesty, to be ascertained by some able and practical Surveyor of Land, who shall annex to his Survey, Estimate, or Valuation thereof, when coindieted, an Oath for being of the People called Quaiers, an Affirmation ) taken and subscribed by him before any Justice of the Peace or Magistrate of the United Kingdom, who is respectively hereby authorized to administer an Oath or Affirmation in that Behalf, the Tenor whereof (hall be as follows ; that is to fay,
'T A. B. do swear [er, being a Quaker, do solemnly affirm] That * the Survey or Account hereto annexed, was faithfully and inv
* partially made by me; that the Value of the Property of the Crown, 'and of C. D. therein contained, is justly estimated therein, accord* 'ing to the best of my Skill and Judgment; and that all the Par
* ticulars stated in the said Survey or Account are true to the bell of 'my Knowledge and Belief.'
Which Oath and Affirmation so taken and subscribed, mall be filed with the Survey and Estimate in the Office of the said Surveyor General, or of the Clerk of the Council of the said Duchy, and the said Surveyor General (hall report to *he Lord High Treasurer or the Commissioners of the Treasury, or the said Surveyor General of the said Duchy (hall report to the Chancellor and Council of the said Duchy the Grounds of his Recommendation of the proposed Exchange, together with the said Valuation of the respective Parcels of Land ; and if the Lord High Treasurer or the Commissioners of the Treasury*, or the Chancellor and Council of the said Duchy, (hall, upon due Consideration had, approve of such Exchange taking place, they shall authorize the said Surveyor General, or the proper Officers of the said Duchy, to carry the same into effect, upon such' Terms and Conditions as they shall think fit, provided the same (hall be assented to by the Person or Persons, or Body with whom such Exchange is proposed to be made ; and the said Chancellor and Council, and the said Surveyor General shall thereupon cause the said Parcel or Parcels of Land belonging to His Majesty, to be conveyed to the said Person or Persons, or Bodies respectively with whom the said Exchange is proposed to be made, and such Person or Persons, or Body, shall at the same Time convey to the said Chancellor or Council, or to the said Surveyor General, in Trust for and on the Behalf of His said Majesty, His Heirs and Successors, in Right of His Crown, or in Right of His Duchy, the said Parcel or Parcels of Land so agreed to be given in Exchange for such Parcel or Parcels of Crown Land as aforesaid; and from and immediately after the Completion of such Exchange, the said Parcels of Land so belonging to His Majesty, and given in Exchange as aforesaid, shall vest in the Person or Persons, or Body, to whom the fame is conveyed, for the fame Estate or Interest, and as fully and effectually as the said Parcels of Land so given in Exchange did before such Exchange; and the said Parcels of Land so conveyed in Exchange to His Majesty, shall vest in His Majesty, His Heirs and Successors, in Right of His Crown, or in Right of His Duchy, as fully and effectually, and be subject to the same Application as the said Parcels of Land so conveyed in Exchange to such Person or Persons, or Body, was vested in him before such Exchange.
XXIX. Provided always, and be it further enacted, That it (hall Treasury, fci. be lawful for the Lords Commissioners of the Treasury, or the Chan- "^^1°"TM . cellos of the said Duchy, if they shall think fit, to direct the Payment equalizin-' or Acceptance on Behalf of His Majesty of such Sum of Money, for Exchange, equalizing any such Exchange, as shall be agreed upon between the said Chancellor and Council, or the said Surveyor General and the said Person or Persons or Bodies with whom such Exchange is proposed to be made, and whote any such Money is to be paid to any such Person or Persons or Body for such Purpose, such Money shall be paid Application of out of the Land Revenue of the Crown, or out of the Revenues of Money received, the said Duchy; and where any Money shall be paid to His Majesty
Q.4 - for
From the Crown.
for equalizing such Exchange, the same, is it shall amount to the Sum of Fifty Pounds, shall be vested in the Three Pounds per Centum Consolidated Bank Annuities, in the Name of the Lord High Treasurer, and the Dividends thereof shall be applicable as Land Revenue; and if it shall not amount to the Sum of Fifty Pounds, the fame shall be appropriated as Land Revenue under the Direction of the Lords Commissioners of the Treasury; or in case of the Money being paid to His Majesty iu Right of His said Duchy the same shall be placed in Three per Centum Consolidated Bank Annuities in the Name of the Duchy of Lancajler, according to the Directions of the said refl» G. 3. e. 60. cited Acts of the Thirty-eighth and Forty-second Years of His pre42 G. a. c. 116. sent Majesty. '*
Form of XXX. And be it further enacted, That it shall be lawful to the
Conveyances of Chancellor atid Council of the said Duchy, or to the said Surveyor I*n<Whanged. General for the Time being, to act for and on Behalf of His Majesty, as well in making as accepting the Conveyances of Parcels of Land so intended to be exchanged as aforesaid; and the Conveyance of the Land within the ordering and Survey of the Exchequer aforesaid, so proposed to be given in Exchange by His said Majesty, may be in the following Form, or as near thereto as may be; (that is to fay),
'npHESE are to witness, That in consideration of the Convey'ance of certain Lands [describing them] to His said Majesty, 'in Right of His Crown, from C. D. [and also in consideration of 'the Sum of paid by the said C. D.
'for Equality of Exchange to the Surveyor General of the Land
* Revenue of the Crown] the said Surveyor General for and on Be
* half of His Majesty, doth by these Presents grant, bargain,and fell
* unto the said C. D. his Heirs and Assigns, All [describe the Parcels
* of Land, (sfc. fold] To have and to hold the said [Parcels, &c]
* hereby bargained and fold, and all Benefit and Advantage thereto
* belonging, unto and to the Use of the said C. D. his Heirs and
* Assigns, for ever. In Witness whereof the fame Surveyor General 'hath hereunto set his Hand and Seal, this
'Day of in the Year of our Lord
• Witness to the Execution by the said Surveyor General
And the Conveyance to His Majesty of such Lands as are proposed to be taken in Exchange for such Crown Lands, may be in the following Form, or as near thereto as may be (that is to fay),
« Conveyance by the Person with whom the Exchange is proposed to be made:
Tmn of ''J'HESE are to witness, That C. D. of in the
Conveyance * County of in consideration of the
ftora die Party. « Conveyance to him the said C. D. from the Surveyor General
* of the Land Revenue of the Crown, for and on behalf of His Ma- .
* jesty, of a certain Parcel of Land [describing it] and also of the 'Sum of paid to him by the said Surveyor
* General on Behalf of His said Majesty, for Equality of Exchange
* [is the Case be so] Doth by these Presents grant, bargain, and fell
* unto His Majesty, His Heirs and Successors, all that Parcel of Land
* [describing it] To have and to hold the fame to His said Majesty,
* His Heirs and Successors, in Right of His Crown. In Witness
'whereof the said C. D. hath hereunto set his Hand and Seal, thil « Day of in the Year of our Lord «,
'Witness to the Execution of the said C. D. .'
And such instruments respectively (hall not be liable to any Stamp
"Act may be altered or repealed this Session. §31."
CAP. LXXIV. An Act for the better Collection of the Duties on Malt made in Great Britain. [18th June 1808.]
« TT7HEREAS the Regulations by Law established for securing
• VV the Duties payable on Malt made in Great Britain have been
• found insufficient to answer the good Purposes thereby intended,
• and it is therefore become necessary to make further Regulations 4 for the better Collection of the said Dutiesbe 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 fame, That all and every Maltster and Maltsters, or Maker or Makers of Malt in Great Britain, shall within Ten Days after the Fifth of Day of July in each Year, give or deliver to the proper Officer of Excise under whose Survey inch Maltster or Maltsters, or Maker or Makers of Malt shall then be, a true and particular Account in Writing of all Barley not at the Time of such Delivery made into Malt, or in actual Operation for being made into Malt, which any such Maltster or Maltsters, or Maker or Makers of Malt shall have in his, her, or their Custody or Possession, or which shall then be in the Custody or Possession of any Person or Persons in trust for such Maltster or Maltsters, or Maker or Makers of Malt, or for his, her, or their Use; and all and every such Maltster and Maltsters, or Maker or Makers of Malt, shall in every such Account set forth and describe every particular Warehouse, Storehouse, Loft, Room, Granary, or other Place in which any such Barley shall be lodged, stored, or deposited, and the Number of Bushels of such Barley contained in each such Warehouse, Storehouse, Loft, Room, Granary, or other Place; and shall, if required by such Officer so to do, shew to such Officer every such Warehouse, Storehouse, Loft, Room, Granary, or other Place, and all such Barley as aforesaid therein; and if any Maltster or Maltsters, or Maker or Makers of Malt, shall neglect or refuse to give or deliver such Account as aforesaid, or shall give or deliver to any such Officer a false or untrue Account as or for such true and particular Account as aforesaid, or shall neglect or refuse so to shew to any such Officer as aforesaid any such Warehouse, Storehouse, Loft, Room, Granary, or other Place, or any such Barley as aforesaid therein, the Maltster or Maltsters, or Maker or Makers of Malt, so offending, (hall for each and every such Offence forfeit and lose the Sum of One hundred Pounds.
II. And be it further enacted, That whenever any Maltster or Maker of Malt shall have finished or dried off all the Malt which shall be or shall have been in Operation in any particular Malthouse of such Maltster or Maker ot Malt, such Maltster or Maker of Malt shall by the Space of Twenty-four Hours at the least before he, she, or they