« EelmineJätka »
in pursuance of the provisions of the 75th Section of the Local Government Act, 1858, and after complying with the requirements of that Section by duly_giving and serving all notices thereby directed, presented a Petition, under the Seal of the said Local Board, to one of Her Majesty's Principal Secretaries of State, for authority to put in force the Lands Clauses Consolidation Act, 1845, to enable the aforesaid Local Board of Health to purchase certain pieces of land and certain buildings for the purpose of widening, opening, enlarging, and improving certain streets and highways in the said City, such land and buildings being all situate within the District of the said Local Board.
And whereas the said Petition duly set forth in the Schedule annexed thereto the several pieces of land and the several buildings intended to be taken by such Board for such purpose, and the names of the owners, lessees, and occupiers of the aforesaid land and buildings who have assented, dissented, and are neuter in respect of the taking thereof, or who have returned no answer to the notice issued by such Board; and such Petition prayed that the said Board might with reference to such land and buildings, be allowed to put in force the powers of the Lands Clauses Consolidation Act aforesaid, with respect to the purchase and taking of land otherwise than by agreement; and on the receipt of such Petition, Her Majesty's Principal Secretary of State for the Home Department directed William Ranger esquire, the Inspector appointed for the purpose, to visit the said District, and the said Inspector has now inquired in the District aforesaid into the subject matter of such Petition and has duly reported thereon.
Now, therefore, I, as one of Her Majesty's Principal Secretaries of State, do hereby, in pursuance of the powers vested in me by the Local Government Act, 1858, make Order and direct,
That, from and after the passing of any Act of Parliament confirming this Order, 1.- The Mayor, Aldermen, and Citizens of the City of
Durham and Framwellgate, by the Council of the said City, being the Local Board of Health for the District of that City, shall be empowered to put in force, with reference to the land referred to and described in the Schedule to this Order annexed, the powers of the Lands Clauses Consolidation Act, 1845, with respect to the purchase and taking of land otherwise than by agreement; provided always that nothing in this Order contained shall authorize the aforesaid Local Board of Health to interfere with the Public Highway now existing between Elvet Bridge Street and Sadler Street in the said city. Given under my Hand this Twenty-ninth day of April 1861.
(Signed) G. C. LEWIS.
SCHEDULE referred to in the preceding Order.
as described on the following Order, are the following :-
And also, a messuage, shop, dwelling-house, and premises with the appurtenances, situate in the said parish of Saint Nicholas, fronting the street of Elvet Bridge, and adjoining the said last described messuage, dwelling-house, shop, cellar, and premises, and which said messuage, shop, dwelling-house, and premises belong to the said George Bailes, and are now occupied by Barbara Brown as tenant thereof.
And also, a messuage, shop, and premises, with the appartenances thereunto belonging, situate in the parish of Saint Nicholas, on the level with the said street of Sadler Street, and perpendicularly above the premises lastly described, and underneath a portion of the premises firstly before-mentioned, and extending from the last-named street to Elvet Bridge aforesaid, and having a floor area of 227 yards but no ground area, and which said premises belong to Michael Bailes, George Bailes the younger, and Thomas Bailes, and are now in the occupation of the said Thomas Bailes.
And also, all that messuage, dwelling-house, shop, cellar, warehouse, and premises, with the appurtenances, lying between Sadler Street and Elvet Bridge, in the said parish of Saint Nicholas, belonging to the said Local Board of Health, the said shop, warehouse, or cellar being now in the occupation of William Alexander Malcolm, and the remainder unoccupied, which said premises adjoin on the south side of the hereditaments and premises belonging to the said George Bailes, Michael Bailes, George Bailes the younger, and Thomas Bailes.
And also, all that piece or parcel of land, with the stairs or steps thereon, with their appurtenances, situate in the said parish of Saint Nicholas, commonly known by the name of the Magdalen Stairs, otherwise Maudlin Stairs, or Steps ; and which said piece or parcel of land and stairs are now vested in the said Local Board of Health, and are used as a public road, way, or passage from the said street of Sadler Street to the street of Elvet Bridge, and abuts on the north side thereof on the premises lastly before mentioned.
of Her Majesty's Forest of Dean, and of the Mines
[22d July 1861.] ; WHEREAS the Commissioners appointed by the Act of
the First and Second Years of Her present Majesty, Chapter Forty-three, intituled An Act for regulating the 1 & 2 Vict. opening and working of Mines and Quarries in the Forest of Dean and Hundred of Saint Briavels in the County of
Gloucester, duly made and published in pursuance of the • Provisions in the said Act contained Three several Awards
relating respectively to Coal Mines, Iron Mines, and Quarries, ' and dated respectively the Eighth Day of March, the
Twentieth Day of July, and the Twenty-fourth Day of July, "in the Year One thousand eight hundred and forty-one, which
Awards contained Rules and Regulations for working the • Coal Mines, Iron Mines, and Quarries respectively within " the said Forest and Hundred: And whereas by the said Act
a Power of Appeal to Her Majesty in Council against the Awards to be made by the said Commissioners within Three Months from the making and publishing of such Awards was reserved to all Parties who might deem themselves aggrieved thereby, but no such Appeal was ever made against any of the said Awards, whereby the said Awards have now become
absolute and indefeasible: And whereas both before and 6 since the passing of the said Act the Gales of Coal and Iron ' in the said Forest and Hundred have been granted without
any Limitation or Declaration of the Estate or Interest of • the Galee, or Words of Inheritance (but with Power under
the Act to transfer the same), and by reason of such Omission
Doubts might be entertained whether Grants of Gales con• ferred more than Estates for Life or for some other partial
Interest ; but inasmuch as it has been commonly supposed
that such Grants enured for the Benefit of the Galees, their · Heirs and Assigns, so long as the Mine, Vein, or Work galed • or granted remained unexhausted, and the Galees, their
Heirs or Assigns, duly observed and performed the Conditions
subject to which it was galed or granted, Her Majesty, being « minded to quiet all Doubts on the Subject, is willing and has • consented that the Rights or Interests of Galees should be « defined and declared in accordance with the common Opinion caforesaid to the Extent and in manner herein-after contained : . And whereas it is also expedient to alter and amend certain « Parts of the said Act, and of the said Rules and Regulations ' made in pursuance thereof, and to make certain other Pro« visions with reference to the Mines and Quarries within the 6 said Forest and Hundred :' Be it enacted and declared by [No. 21. Price 2d.] X
which all Leases of
the Queen'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, as follows: Declaration of 1. The Grant of a Gale of Coal or Iron, or of a Stone the Interest
Quarry, shall be deemed to have conferred and shall confer on conferred on a Galee by the
the Galee, his Heirs and Assigns, a Licence to work the Mine, Grant of a Vein,, or Pit therein comprised, and such Grant shall be
deemed to have conferred on the Grantee, his Heirs and Assigns, an Interest of the Nature of Real Estate, such Licence nevertheless being conditional on the Payment of all the Rents, Royalties, and other Dues from Time to Time payable to Her Majesty, Her Heirs and Successors, in respect thereof, and the Observance and Performance of the several Enactments, Provisions, Rules, and Regulations for the Time being in force for the proper opening, working, Use, and Management of the
Gale. Conditions on
2. Every Lease of Stone, Clay, or Sand granted or to be
granted shall in like Manner be deemed to have been granted Stone, Clay, or and to be granted conditionally on the Payment of all the Sand are held. Rents, Royalties, and other Dues from Time to Time payable
to Her Majesty, Her Heirs and Successors, in respect thereof, and the Observance, and Performance of the several Enactments, Provisions, Rules, and Regulations for the. Time being in force for the proper opening, working, Use, and Management thereof, and of the Covenants in the Lease contained (if
any). Nothing in
3. Provided always, That nothing in this Act contained Act to affect Right of Re- shall enlarge or diminish or in any way affect any Right of Reentry, &c. entry or Eviction or Liability to Forfeiture; but every Gale,
Pit, Level, Work, and Quarry shall be subject in all respects to the same Liability to Forfeiture and Eviction, and no other,
as if this Act bad not been passed. Person in
4. The Obligation to pay the Rent, Royalty, and other sion or Receipt Dues from Time to Time becoming payable in respect of every of Proceeds of Gale of Coal, Iron, or Stone granted or to be granted, and to
observe and perform the several Enactments, Provisions, Rules, the Rent.
and Regulations for the Time being in force for the proper opening, working, Use, and Management of the same, shall from Time to Time be and become a personal Obligation on the Person for the Time being in the actual Possession or Receipt of the Proceeds of the Gale, whether as Owner thereof for an Estate of Freehold, or as Lessee or Under-lessee or otherwise howsoever, and every such Person making default in the Payment of any such Rent, Royalty, or Due, or in the Observance or Performance of any such Enactment, Provision, Rule, or Regulation as aforesaid, may be proceeded against by or on behalf of Her Majesty, Her Heirs and Successors, in like Manner as if he had entered into a Covenant with Her Majesty, Her Heirs and Successors, to pay such Rent, Royalty, or other Due, and to observe and perform all such Enactments,
Gale to pay
Provisions, Rules, and Regulations: Provided nevertheless, that the Liability of every such Person shall cease and determine on the Cesser of such Title to the Possession or Receipt of Proceeds as aforesaid, except so far as shall relate to Rents, Royalties, or Payments due, and to Defaults in Observance or Performance of any of the said Enactments, Provisions, Rules, or Regulations committed before the Time of such cesser of Title to Possession or Receipt of Proceeds : Provided also, that the Provisions in this Section shall be by way of Addition to and not substitutional for any Covenants, Conditions, or Stipulations in any Grant, and shall not extend to diminish or alter any Liabilities otherwise existing.
5. Any Rent, Royalty, and other Payment now due or Empowering which at any Time hereafter shall become due to Her Majesty, the Gaveller Her Heirs or Successors, under or in respect of the said Award, County Court or any Gale, Lease, or Licence, or other Instrument granted or awarded under or in pursuance of the said Act or thi Act, not exceeding in Amount the Sum of Fifty Pounds, or any Number of such Rents, Royalties, or other Payments due from the same Person or Persons in respect of any Number of such Gales, Leases, or Licences, not exceeding altogether the Amount aforesaid, may be sued for and recovered for and on behalf of Her Majesty, Her Heirs or Successors, by and in the Name of the Gaveller for the Time being in the County Court of the District within which such Rent, Royalty, or Payment, Rents, Royalties, or Payments, or any of them or any Part thereof, arose or became payable ; and no Action commenced or continued by any Gaveller as aforesaid shall abate by reason of his Death, Removal, or Retirement, but shall and may be continued by and in the Name of his Successor for the Time being; and any Judgment for the Plaintiff in any such Action as aforesaid may be enforced by and in the Name of the Gaveller for the Time being, without any Process in the Nature of a Scire facias; and all Enactments, Rules, Orders, and Regulations for the Time being in force in respect of Proceedings in the County Courts shall and may, so far as the same shalĩ be applicable to any such Action commenced or continued as aforesaid in the Name of any Gaveller, be applied to and observed in respect of any such Action.
6. “Whereas under the Twenty-fifth Section of the said Enlarging the • Act the Commissioners for the Time being of Her Majesty's Powers.com, • Woods, Forests, and Land Revenues have Power from Time Section of the " to Time to grant Leases as therein mentioned for Terms not recited Act as exceeding Thirty-one Years to any free Miner or other Person to Leases of
Land for Minentitled to a Gale or Mining Work of any Part of the un- ing Purposes. • enclosed Waste Land of the said Forest for the Purpose of • erecting thereon any House, Building, or Machinery for the • more convenient working of any Mine, or for any Purpose + connected with any Mine or Work, so as there be not included s more than One Acre and a Half of Land in any such Lease :' Be it enacted, That henceforth any Quantity of Land, either