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THE STATUTES-REVISED EDITION.

2 & 3 WILLIAM IV. A.D. 1831-32.

STATUTES MADE AT THE PARLIAMENT

BEGUN AND HOLDEN AT WESTMINSTER, THE FOURTEENTH DAY OF
JUNE, A.D. 1831,

IN THE FIRST YEAR OF THE REIGN OF KING WILLIAM THE FOURTH,
AND FROM THENCE CONTINUED BY SEVERAL PROROGATIONS TO THE SIXTH

DAY OF DECEMBER, A.D. 1831,

BEING THE SECOND SESSION OF THE TENTH PARLIAMENT OF THE UNITED
KINGDOM OF GREAT BRITAIN AND IRELAND.

CHAPTER I.

AN ACT for uniting the Office of the Surveyor General of His 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.
[13th February 1832.]

WH

c. 50.

HEREAS by divers Acts, and particularly 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 and 10 Geo. 4. 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 land revenue of the crown in Ireland, and for extending certain pro"visions relating to the same to the Isles of Man and Alderney," all honors, hundreds, castles, lordships, manors, forests, chases, woods, parks, messuages, lands, tithes, fisheries, franchises, services, rents, and other land revenues, possessions, tenements, and hereditaments whatsoever (advowsons of churches and vicarages only excepted) which belong to his Majesty, within the ordering and 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, whether in possession, remainder, or expectancy, (which said honors, hundreds, castles, lordships, manors, forests, chases, woods, parks, messuages, lands, tithes, fisheries, franchises, services, rents, and other land revenues, possessions, and tenements, are commonly called "the possessions and land revenues of the crown,") are under the management of a first commissioner and two other commissioners appointed by letters patent during his Majesty's pleasure, and styled “The Commissioners of His Majesty's Woods, Forests, and Land Revenues": And whereas by an Act passed in the fifty-fourth year of his late Majesty King George the Third, intituled "An Act for better regulation of the conduct of the 54 Geo. 3. business of the office of works, and the expenditure thereof,” his Majesty's c. 157. works and public buildings, including as well the works and buildings the

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VOL. VII.

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39 Geo. 3. c. 83.

25 Geo. 3. c. 52.

expence of which is defrayed out of his Majesty's civil list revenues, as the works and buildings the expence of which is defrayed out of any funds granted by Parliament, or out of any part of the public revenue usually included in the incidental charges of such department, and the expenditure in respect of such works and buildings, are placed under the superintendence and controul of an officer appointed during his Majesty's pleasure, called "The Surveyor General "of his Majesty's Works and Public Buildings": And whereas William Henry Cooper and Frederick Grey Cooper, sons of Sir Grey Cooper, Baronet, deceased, are the only remaining grantees by letters patent of the office of auditor of the land revenues in England: And whereas, under an Act passed in the thirtyninth year of the reign of his late Majesty King George the Third, intituled "An Act for transferring to the commissioners for auditing the public accounts "the duties now performed in the office of the auditors of the land revenue, "and for directing the mode of attesting the accounts of the paymaster general "of his Majesty's forces," and under the said Act of the tenth year of the reign of his late Majesty, after the respective deaths of William Henry Cooper and Frederick Grey Cooper, the office of the said remaining auditors of the land revenue in England are directed to be abolished; and during the continuance of the said patent granted to William Henry Cooper and Frederick Grey Cooper the duties of the office of auditor for Chester, Derby, Lincoln, and Nottingham, and of the office of the auditor for the principality of Wales, (the grantees of which last-mentioned offices are dead) are performed by acting auditors in the said offices of the land revenue of the crown for the counties of Chester, Derby, Lincoln, and Nottingham, and for the principality of Wales, appointed or allowed by the commissioners of his Majesty's Treasury, and removable at pleasure; and after the determination of the said remaining office of auditor of the land revenue of the crown in England the accounts of the said commissioners of his Majesty's woods, forests, and land revenues are under the said lastmentioned Acts directed to be examined, tried, and audited by the commissioners appointed under the authority of an Act of the twenty-fifth year of the reign of his late Majesty King George the Third, intituled “An Act for better "examining and auditing the public accounts of the kingdom": And whereas it is expedient that the management of the business of the office of works and buildings, and of the business of the office of the commissioners of his Majesty's woods, forests, and land revenues, should be united, and that the duties and powers now performed and exercised and exercisable by the commissioners of His Majesty's woods, forests, and land revenues, and the duties and powers under the said Act of the fifty-fourth year of the reign of his late Majesty King George the Third now performed and exercised or exercisable by the surveyor general of his Majesty's works and public buildings, should be performed and exercised by one set of commissioners, to be appointed for the performance and exercise thereof respectively; and it is also expedient that the said remaining office of auditor of the land revenue should be abolished forthwith, and that the examination and auditing of accounts now performed by the said remaining auditors and by the said acting auditors shall be transferred to the commissioners for examining and auditing the public accounts of the kingdom, appointed under the authority of the said Act of the twenty-fifth year of the reign of his late Majesty King George the Third; and it is just that the said William Henry Cooper and Frederick Grey Cooper should receive a compen

sation for the loss they will sustain by the abolition of their said office of auditor of the land revenue; and it is expedient that provision should be made for the removal of the books of entries, records, deeds, instruments, writings, maps, plans, and other official papers now deposited in the offices or which are or ought to be in the custody of the said remaining auditors of the land revenue of the crown of England, and of the said acting auditors of the land revenue for the counties of Chester, Derby, Lincoln, and Nottingham, and the principality of Wales, and for the future custody and care thereof, and also for the inrolment, in manner herein-after mentioned, of all deeds and instruments which, in case this Act had not been passed, ought, under the provisions of the said Act of the tenth year of the reign of his late Majesty, to have been inrolled in the said remaining office of the auditor of the land revenue of the crown, or in the office of any acting auditor performing the duty of auditor of the land revenue of the crown in England or Wales, and for the future custody and care of such deeds and instruments: Be 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 same, that it shall be lawful for his Majesty, his heirs and successors, at Appointment any time after the passing of this Act, and so from time to time, 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 now performed and exercisable by the commissioners of his Majesty's woods, forests, and land revenues, and the duties and powers now 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, shall be called "The Commissioners of his Majesty's Woods, Forests, Land Revenues, "Works, and Buildings"; and that the duties heretofore performed, and the powers heretofore exercised or exercisable, and the hereditaments, properties, rights, exemptions, and privileges whatsoever vested in or enjoyed by the commissioners of his Majesty's woods, forests, and land revenues, and the duties heretofore performed and the powers heretofore exercised or exercisable and the exemptions and privileges enjoyed by the said surveyor general of his Majesty's works and public buildings shall, from and after such appointment, be performed and exercised and enjoyed by and vested in the commissioners of his Majesty's woods, forests, and land revenues, works and buildings, and their

successors;

*

**

sioners of his

of commisMajesty's woods, forests, works, and buildings, in missioners of

land revenues,

place of com

woods, forests,

and land revenues, and

surveyor gene

ral of works

and buildings.

salaries.

[VII.] AND be it further enacted, that it shall be lawful for his Majesty Commissioners and his successors, by the letters patent by which the commissioners of his to receive Majesty's woods, forests, land revenues, works, and buildings, shall be appointed as aforesaid, to grant to the person first named in such letters patent respectively (who shall be chairman of the commission, and be called the first commissioner), and to the other commissioners respectively, the like salaries as by the said Act of the tenth year of the reign of his late Majesty King George the

[So much of this Act as relates to the salary of the first commissioner, rep., 14 & 15 Vict. c. 42. s. 4.]

Powers of former Acts vested in the

Fourth his Majesty is empowered to grant to the first commissioner and the other commissioners respectively of his Majesty's woods, forests, and land

revenues.

VIII. AND be it further enacted, that it shall and may be lawful for the commissioners to be appointed under this Act, and they are hereby authorized, commissioners. empowered, and required, to exercise and carry into effect all the powers, authorities, clauses, enactments, 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 also to execute and carry into effect all the powers, authorities, enactments, and provisions contained in any other Act or Acts relating to his Majesty's woods, forests, and land revenues, or to the estates and possessions of the crown, as fully, amply, and effectually, as the same could have been carried into effect and exercised by the commissioners of his Majesty's woods, forests, and land revenues aforesaid, or as if the commissioners to be appointed under this Act had been named in the said Acts instead of the commissioners of his Majesty's woods, forests, and land revenues aforesaid.

All leases, contracts, and

agreements to

in the same

manner as if this Act had not passed.

IX. AND be it further enacted, that all leases and all contracts and agreements for the letting of any part or portion of the estates and possessions of his remain in force Majesty, which shall have been made or entered into by the commissioners of his Majesty's woods, forests, and land revenues, and all deeds, contracts, and agreements which shall have been made or entered into by the sail commissioners, or by the surveyor general of his Majesty's works and public buildings, shall, from and after the appointment of the commissioners under this Act, continue and be of the same force and effect against and for the benefit of the commissioners to be appointed under this Act, as the same would have been of against and for the benefit of the commissioners of his Majesty's woods, forests, and land revenues, or the surveyor general of his Majesty's works and public buildings, in case this Act had not been passed; and the commissioners to be appointed as aforesaid under this Act shall have the same powers and remedies for recovering the rents and compelling performance of the covenants in such leases respectively contained and on the part of the lessees to be paid and performed, and for enforcing the performance of such deeds, contracts, and agreements, and for recovering any penalties or damages for the nonpayment of such rents, or nonperformance of such covenants, deeds, contracts, and agreements, and shall also have the same benefit of all securities given or entered into for the due payment of such rents, and performance of such covenants, contracts, and agreements respectively, and of all other securities given or entered into, to or with the commissioners of his Majesty's woods, forests, and land revenues, or the surveyor general of his Majesty's works and public buildings, as such commissioners or surveyor general respectively could have had in case this Act had not been passed, or as if the commissioners to be appointed under this Act had been parties to or named in such leases, contracts, agreements, and securities, instead of the commissioners of his Majesty's woods, forests, and land revenues, or the surveyor general of his Majesty's works and public buildings, or as if the said securities had been given to the commissioners to be appointed under or by virtue of this Act; and all rents and sums of money which, if this Act had not been passed, would, from and after the appointment of the commissioners under this Act, have been due and payable to the com

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