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No. VII.

3 & 4 W. 4,

c. 38.

act directed to make their reports to the lord high treasurer, or lords commissioners of his Majesty's treasury, will expire on the second day of August one thousand eight hundred and thirty-three: And whereas the commissioners appointed by virtue of the said act have proceeded with all practicable expedition, and have made great progress in inquring into and ascertaining the boundaries of the said forest of Dean, the rights and interests of persons occupying or claiming to be interested in lands or tenements within the same, and the origin of the rights and privileges claimed by the persons calling themselves free miners; but as such rights, privileges, and interests are of a very complicated description, and have occupied considerable time in their investigation, and some of them not being yet ascertained and settled, it will be impracticable for the commissioners to make the reports directed by the said recited act within the period thereby limited; and it is therefore expedient that further time should be allowed for that purpose; be it thereTime of mak- fore enacted, &c. That the time for making the several reports directed ing reports un- to be made by the said commissioners under the authority of the said der recited act recited act shall be extended until the twenty-first day of January one extended until thousand eight hundred and thirty-four, and from thence to the end of the then next session of parliament.

21 Jan. 1834.

Powers of recited act extended to this act.

10 G. 4, c. 50.

II. That all the powers, provisions, authorities, regulations, directions, clauses penalties, forfeitures, matters, and things in the said recited act contained shall extend and be construed to extend to this present act, and shall operate and be in force during the said additional period, as fully and effectually, to all intents and purposes, as if the same powers, authorities, provisions, regulations, directions, clauses, penalties, forfeitures, matters, and things were particularly repeated and re-enacted in the body of this act and made expressly applicable thereto, and as if the time for the making the said several reports by the said commissioners as aforesaid had been therein originally extended to the said additional period.

[No. VIII.] 3 & 4 W. IV. c. 69.-An Act to extend and enlarge the Powers of the Commissioners of his Majesty's Woods, Forests, Land Revenues, Works, and Buildings, in relation to the Management and Disposition of the Land Revenue of the Crown in Scotland.

[28th August 1833.]

WHEREAS by an act passed in the tenth year of the reign of his late Majesty king George the Fourth, intituled An Act to consolidate and amend the Laws relating to the Management aud Improvement of his Majesty's Woods, Forests, Parks, and Chases, of the Land Revenue of the Crown within the Survey of the Exchequer in England, and of the Lund Revenue of the Crown in Ireland, and for extending certain Provisions relating to the same to the Isles of Man and Alderney, it was enacted, that all the land revenues whatsoever (advowsons of churches and vicarages only excepted) which belonged to his Majesty within the ordering or survey of the court of exchequer in England or Wales, in Ireland in the Isle of Man and its dependencies, and the Isle of Alderney, should be under the management of the commissioners of his Majesty's woods, forests, and land revenues, and of their successors; and the said commissioners were thereby authorized to sell and lease, and otherwise dispose of and manage, the said land revenues to which the act now in recital relates, as in the said act is mentioned, and also to purchase, exchange, and take leases of any property under the terms and conditions and as in the said act is mentioned, and to appoint and remove officers and receivers relating to or otherwise employed in the receipt and management of the said revenue, and generally to administer the same as in the

c. 69.

said act is mentioned: And whereas by an act passed in the first year No. VIII. of the reign of his present Majesty, intituled An Act for the Support of 3 & 4 W. 4, His Majesty's Household, and of the Honour and Dignity of the Crown of the United Kingdom of Great Britain and Ireland, it was (amongst other things) enacted, that the produce of the hereditary duties and reve- 1 W. 4, c. 28. nues (except the hereditary duties of excise on beer, ale, and cider,) which were payable to his said late Majesty king George the fourth in that part of Great Britain called Scotland, and also the small branches of the hereditary revenue and the produce of the hereditary casual revenues arising from any droits of admiralty or droits of the crown arising in the united kingdom, which had accrued since the decease of his said late Majesty, and which had not been applied and distributed in the payment of any charge thereupon respectively, or which should accrue during the life of his present Majesty, should be carried to and made part of the consolidated fund of the united kingdom of Great Britain and Ireland, and after the decease of his present Majesty all the said hereditary revenues, including the duties on beer, ale, and cider, should be payable and paid to his heirs and successors: And whereas by an act passed in the second year of the reign of his present Majesty, intituled An Act for uniting the Office of the Surveyor General of his 2 W. 4, c. 1. Majesty's Works and Public Buildings with the Office of the Commissioners of his Majesty's Woods, Forests, and Land Revenues, and for other Purposes relating to the Land Revenues, it was enacted, that it should be lawful for his Majesty, his heirs and successors, by letters patent under the great seal, to appoint in the place of the commissioners of his Majesty's woods, forests, and land revenues, and of the surveyor general of his Majesty's works and public buildings, any persons, not exceeding three in number, to be commissioners for performing the duties and exercising the powers then performed and exercisable by the commissioners of his Majesty's woods, forests, and land revenues, and the duties and powers then performed and exercisable by the surveyor general of his Majesty's works and public buildings, and that the persons so first appointed, and their successors, should be called "The Commissioners of his Majesty's Woods, Forests, Land Revenues, Works, and Buildings;" and the said commissioners were by the said act empowered to exercise and carry into effect all the powers and provisions contained in the said recited act of the tenth year of the reign of his late Majesty king George the fourth, either expressly or by reference to any other acts: And whereas by virtue of an act passed in the second and third years of the reign of his present Majesty, intituled An Act to 2 & 3 W. 4, authorize the Hereditary Land Revenues of the Crown in Scotland being c. 112. placed under the Management of the Commissioners of the Land Revenues, all the revenues, debts, duties, and profits, of what nature or kind soever, appertaining to the king's Majesty, his heirs or successors, within Scotland, and all honors, castles, manors, lands, tenements, and hereditaments in Scotland appertaining to the king's Majesty, his heirs or successors, by virtue of any attainder, outlawry, seizure for any crime or cause of forfeiture, debt, or duty, or upon any extent, commission, or otherwise, or by virtue of the royal prerogative, or by any other right or title whatsoever, and all the rents, issues, and profits thereof or of any of them, and also all the goods, chattels, debts, credits, rights, titles, and personal estates within Scotland anywise accruing or belonging to the king's Majesty, his heirs or successors, by virtue of the royal prerogative, or of any attainder, outlawry, extent, inquisition, debt, duty, or forfeiture, or by any other right, title, ways, or means whatsoever, and all the remedies and means for recovering the same and the possession thereof, and all accounts relating thereto, and also all forfeitures and penalties which have been incurred, or should be incurred, or become in anyways due and payable in Scotland by virtue of any penal or other laws or statutes whatsoever; and also all fines, issues, forfeiture, and penalties, of what nature or kind soever, happening, arising, or accruing to the king's Majesty, his heirs or suc

No. VIII. 3 & 4 W. 4,

c. 69.

cessors, within Scotland (except such as are now under the management of the commissioners of his Majesty's customs and excise respectively), are under the management, control, and direction of the commissioners for the time being of his Majesty's woods, forests, land revenues, works, and buildings in England and Ireland: And whereas it is expedient that the said commissioners should have such and the like powers of selling, leasing, and administering the hereditary possessions of his Majesty in Scotland, and of appointing and removing officers, and of purchasing, exchanging, and taking leases of lands in Scotland, in all respects as is by the said act passed in the tenth year of the reign of his late Majesty king George the fourth provided with respect to the land revenue in England, and generally that the several provisions contained in the said act passed in the tenth year of the reign of his said late Majesty king George the fourth should be extended to Scotland: And whereas it is expedient that so much of the said act passed in the second and third years of the reign of his present Majesty as relates to such part of the revenue of the crown in Scotland as are after mentioned should be repealed: Be it therefore enacted, &c., That so much of the said act passed in the second and third year of the reign of his present Majesty as gives to the said commissioners the management, control, and directrol of penaltion of all and every penalties and penalty which have been incurred, ties, &c. under or which shall and may be incurred, or become anywise due and penal statutes payable, in Scotland, by force or virtue of any penal statute, shall be repealed. repealed, and the same is hereby repealed. Commissioners

So much of recited act of 2 & 3 W. 4, as

gives the commiss oners con

to have the same powers with regard to land revenue in Scotland as

with respect to

land revenue in England.

and all the powers, &c.

thereby given to the commissioners, to extend to this act.

II. That the said commissioners for the time being of his Majesty's woods, forests, land revenues, works, and buildings shall, from and after the passing of this act, have and exercise all and every the powers and authorities whatsoever with regard to his Majesty's land revenue, lands, tiends, feu retour, and other duties and casualties in Scotland under their management and control, as are contained in the said act passed in the tenth year of the reign of his late Majesty king George the fourth with respect to his Majesty's land revenue in England, and which the said commissioners are now entitled to have and exercise with respect to the land revenue in England, and in all respects as if his Majesty's land revenue, lands, tiends, feu retour, and other duties and casualties in Scotland, had been included and named in the said lastmentioned act, and the several clauses and provisions therein contained had been made applicable thereto, in the same manner as the same are made applicable to his Majesty's land revenue in England.

All the proviIII. That all and every the provisions, regulations, directions, clauses, sions of 10 G. 4, matters, things, powers, and authorities in the said recited act of the c. 50, relating tenth year of the reign of his late Majesty king George the fourth conto selling, leas- tained, either expressly or by reference to other acts, relating to the ing, &c. the selling, leasing, exchanging, and general administration of the possesland revenues, sions and land revenues of the crown in England, and all other the powers, provisions, and authorities in and by the said recited act of the tenth year of the reign of his late Majesty king George the fourth given to the said commissioners of his Majesty's woods, forests, and land revenues, shall, so far as the same are applicable or can be applied, extend and be construed to extend to this present act, as fully, amply, and effectually, to all intents and purposes whatsoever, as if the same provisions, regulations, directions, clauses, matters, things, powers, and authorities were particularly repeated and re-enacted in this present act, and made applicable to the said commissioners of his Majesty's woods, forests, land revenues, works, and buildings, or as if the said possessions and land revenues of the crown in Scotland had been included in the said recited act of the tenth year of the reign of his said late Majesty, and the aforesaid powers and provisions had been thereby made applicable to the possessions and land revenues of the crown in Scotland, (except that in all cases in which the sanction of the court of exchequer in England is by the said recited act of the tenth year of the reign of his late Majesty king George the fourth made necessary, the

c. 69.

sanction and authority of the court of session in Scotland shall be suffi- No. VIII. cient with respect to the said possessions and land revenues of the 3 & 4 W. 4, crown in Scotland; and except that all deeds, conveyances, or other documents relating to any sale, feu, exchange, lease, or purchase under the authority of this act, need not be inrolled in such manner as is directed by the said act of the tenth year of the reign of his late Majesty king George the fourth with respect to the instruments whereby any hereditaments in England should be sold under the authority of the said act).

IV. That whenever the commissioners for the time being of his Ma- Purchase jesty's woods, forests, land revenues, works, and buildings shall have money, how to contracted or agreed with any person, body politic, corporate, or colle- be paid. giate, under the authority of this act, for the sale, feuing, letting, exchanging, or otherwise disposing to him or them of any part of the lands or other property or subjects of the crown to which this act relates, (not being any subsisting lease which may have been purchased or taken under the powers of this act,) the purchaser, in case the pur

chase money shall amount to the sum of one hundred pounds, shall If amounting to cause the same to be paid into the bank of England, or any chartered 1007. bank in Scotland, or branch of the same throughout Scotland, as the said commissioners may direct; and the secretary, cashier, or other proper officer of the bank of England, or such chartered bank or branch thereof, shall, upon the production of any note signed by the said commissioners, specifying the sum to be so paid, and that it is to be so paid to their account, accept and receive the same, and carry the same to the account of the said commissioners of his Majesty's woods, forests, land revenues, works, and buildings, and give a receipt for the same, with

pay

the
sold.

out fee or reward; but if such purchase money shall not amount to the Where the sum sum of one hundred pounds, it shall not be necessary for the purchaser is under 1001. to pay the same into the bank of England, or such chartered bank or branch thereof, but he or they may, at his or their option, either pay the same into the bank of England, or any such chartered bank or branch thereof, as the said commissioners may direct, (in which case the secretary, cashier, or other proper officer of the said bank of England, or any such chartered bank or branch thereof, shall accept and give a receipt for the same as aforesaid,) or to the said commissioners for the time being of his Majesty's woods, forests, land revenues, works, and buildings, or their collector or agent to be appointed by them for that purpose; and the said commissioners shall, on the production of Upon producthe receipt of the secretary, cashier, or other proper officer of the bank tion of receipt, of England, or such chartered bank or branch thereof, for such pur- commissioners chase money, or in case the same shall not amount to one hundred to execute a pounds, then either on the production of such receipt, or on the conveyance of ment to them, their collector or agent, of such purchase money, execute property to the purchaser a conveyance, either printed or written, or partly printed and partly written, under their hands, of the lands, or other property or subjects agreed to be sold or exchanged, and give a receipt for the purchase money under their hands; and every such conveyance and receipt may be according to the form set forth in the schedule to this act annexed, or in any other form which may be deemed by the said commissioners more convenient; and every such conveyance and receipt shall be attested, as to the execution and signing thereof, by two witnesses; and it is hereby declared, that any deed, grant, or con- Conveyance veyance so made and granted of the lands, tiends, feu retour, and other when recorded duties, casualties, rents, and other the heritable property of the crown in the register in Scotland, by the said commissioners, on being recorded or registered of sasines to be in the general or particular register of sasines, shall be held to alienate held to alienate and dispone from his Majesty, his heirs and successors, the property or the property other subjects therein expressed to be comprised, in as valid a manner as if a complete feudal right holding, of and under his Majesty, his jesty. heirs and successors, had been granted, or as if the same had been constituted by a formal crown charter, and followed by sasine.

from his Ma

No. VIII.

3 & 4 W. 4, c. 69.

On sale of

teinds, &c. to the vassal, receipt for purchase money to contain a declaratory promise that on the next

renewal of in

vestiture the
charter shall
contain a

blench holding
in lieu of the
feu, &c.
Proprietors,
&c. of entailed
estates may
purchase the
teinds, &c.
affecting the

same.

V. That it shall and may be lawful for the said commissioners of his Majesty's woods, forests, land revenues, works, and buildings, on the sale of any teind, feu retour, or other duties, casualties, or rents, if such sale shall be made to the vassal in the feu, to grant a receipt for the purchase money or other consideration agreed to be given for the same, and which receipt shall also contain a declaration that on the next renewal of the investiture in favour of the vassal, or of his heirs or disponees, the charter, precept, or other deed to be granted by or on behalf of the crown shall contain a blench holding in lieu and place of the feu or other holding or duty in the original rights or investitures; and such receipt and declaration, delivered to the vassal so purchasing, on payment of the purchase money, shall be a sufficient renunciation and voucher to him or her, or his or her heirs and successors, until the renewal of such investiture, and shall be a sufficient warrant to the barons of the court of exchequer in Scotland, and all others, when a renewal of the investiture shall be required, to grant such renewed investiture with a blench holding.

VI. That it shall and may be lawful for the proprietors of entailed estates in Scotland, and for their trustees, and the tutors, curators, and administrators in law of such proprietors, to purchase the teind, feu retour, and other duties, casualties, rents, and all other the land revenues due to and exigible by the crown, and affecting such estates, and which the said commissioners are hereby authorized to sell and dispose of, and either to disburden their estates from the payment of such tiend, feu retour, or other duty, casualty, or rent, or to make the purchase money of the same a debt and burden on such entailed estate, in like manner as the sum paid for redemption of the land tax is made a burden on entailed property in terms of an act passed in the fortysecond year of the reign of his late Majesty king George the third, 24 G. 3, c.116. intituled An Act for consolidating the Provisions of the several Acts passed for the Redemption and Sale of the Land Tax into One Act, and for making further Provision for the Redemption and Sale thereof; and for removing Doubts respecting the Right of Persons claiming to vote at Elections for Knights of the Shire and other Members to serve in Parliament, in respect of Messuages, Lands, or Tenements, the Land Tax upon which shall have been redeemed or purchased, or of any other act or acts of parliament in relation thereto now in force.

Commissioners VII. Provided always, That the said commissioners for the time to cause dupli- being of his Majesty's woods, forests, land revenues, works, and buildcates of all con- ings shall cause duplicates of all conveyances, deeds, and documents veyances, whereby any lands or other property or subjects in Scotland shall be deeds, &c. to be hereafter purchased or taken in exchange by them for or on behalf of registered and his Majesty, his heirs or successors, under the authority of this act, or preserved in the chancery of which shall be conveyed or leased to his Majesty, his heirs or succesScotland; and sors, or to any person in trust for him or them, and of all leases to be a minute or made or granted by the said commissioners under the authority of this docket of every act, of any lands or other heritable property or subjects of the crown in conveyance, Scotland, and of all conveyances, deeds, and documents whereby any &c. to be enter- part of the lands or other property or subjects of the crown in Scotland ed and preserv- shall be granted, sold, exchanged, or conveyed under the powers of this

ed in their

office.

act, to be transmitted to the office of chancery of Scotland, there to be recorded or registered; and every such duplicate shall be there preserved and recorded among the other records and muniments relating to the lands or other property or subjects of the crown preserved in such office; and a minute or docket of every such conveyance, deed, or document shall be entered and preserved by the said commissioners of his Majesty's woods, forests, land revenues, works, and buildings, in their office.

Original conVIII. That not only the original conveyance, deed, or other document veyance, deed, by which any lands or other heritable property or subjects to which or duplicate this act relates shall be disposed of under the provisions of this act, but thereof, or copy also the duplicate thereof, to be so transmitted as aforesaid, or a copy

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