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England and Wales; and so often as any Vacancy shall occur, by Death, Resignation, or Incapacity, a new Commissioner shall be appointed, in like Manner as the Commissioner whose Vacancy is to be supplied was appointed; and all such Commissioners, or such sole Commissioner, when appointed respectively, shall be the Commissioners or the sole Commissioner for carrying this Act into execution respectively, and all Acts and Powers to be performed by or given to the said Three Commissioners under the Provisions lierein contained may be performed or exercised by any Two of such Three Commissioners.
III. Every Commissioner shall, before he enters upon the Exe- Commissioner: cution of his Office, make and subscribe the following Declaration to make and before One of the Judges of Her Majesty's Court of Queen's Bench subscribe Deor Common Pleas, or One of the Barons of the Court of Exche
entering upon quer ; that is to say,
Execution of DO solemnly declare, That I will faithfully, impartially, and Ofice.
honestly, according to the best of my Skill and Judgment, cxecute the Powers and Duties of a Commissioner under an Act • passed in the
Year of the Reign of Queen
IV. It shall be lawful for the said Commissioners and sole Commissioners Commissioner from Time to Time to employ a Land Surveyor to employ Surand Valuer in such Manner as they respectively shall think neces- veyor, &c. sary. V. Every Land Surveyor and Valuer so to be employed shall
, Land Surveyor before entering upon the Duties of his Office, make and subscribe, and Valuer to before the Commissioners of this Act, or before One of such Com- make and submissioners, (who are hereby severally authorized to administer or
tion of Fidelity. receive the same,) the Declaration following: :I PO solemnly declare, That I will faithfully, impartially, and
honestly, according to the best of my Skill and Judgment, perform all the Duties which may devolve upon me as a Land Surveyor and Valuer in the Matter of an Act passed in the
Year of the Reign of Queen Victoria intituled 6 - An Act," &c. [here set forth the Title of this Act).' And every such Declaration shall, when made and perfected, be deposited in the Office of Land Revenue Records and Inrolments.
VI. The Commissioners of Her Majesty's Woods, Forests, and The CommisLand Revenues, with the Consent of the Commissioners of ller sioners of Majesty's Treasury, sball, out of the Land Revenues of the Crown, Woods to pay
the Commispay and allow to the Commissioners and sole Commissioner of this
sioners of this Act such Sum not exceeding the Sum of Seven hundred and fifty Act the ExPounds as shall be thought sufficient and in proportion to the penses incurred Time and Labour which may be bestowed by them respectively in the Performin carrying this Act into execution (such Proportion, in the event ance of their
Duties. of any Difference of Opinion with regard thereto, to be conclusively
determined by the Commissioners of Her Majesty's Treasury), and shall also allow to the said Commissioners and sole Commissioner of this Act respectively all Costs and Expenses of employing any such Land Surveyor and Valuer as aforesaid, and all other reasonable Expenses incurred by them respectively in the Performance
of their respective Duties under this Act. Boundaries of VII. The said Three Commissioners of this Act shall forthwith Forest, when
proceed to ascertain the Boundaries of the said Forest, and to ascertained by determine all Claims relating thereto, and for that Purpose shall to be true Boun- or may make use of any existing Maps, Plans, or Surveys, at their daries for Pur- Discretion; and the said Commissioners shall by their Award in poses of Act,
Writing, executed in Duplicate within One Year from the passing of this Act, certify and determine the Boundaries of the said Forest, and the Boundaries as ascertained and determined by the said Commissioners shall be held to be the true Boundaries of the
said Forest for all the Purposes of this Act. All Lodges and VIII. So soon as the Boundaries of the said Forest shall have Lands held
been ascertained as aforesaid, all and every Parts and Part of the . therewith, and all Inclosures
said Forest of which Her Majesty is seised in right of Her Crown, made under Au- discharged of all Common and other Rights, and also all and thority of every the Lodges and Lands inclosed and held therewith by the 52 G. 3. c. 71. Keepers or other Officers of Her Majesty (being certain Parts to be vested in of the said Forest of which Her Majesty is also seised in right Her Majesty.
of Her Crown, to Herself, Her Heirs and Successors, discharged of all Common and other Rights), and also all the said Pieces of Land, amounting in the whole to One thousand seven hundred Acres, so inclosed under the Authority of the said recited Act, shall become and be vested in Her Majesty, Her Heirs and Successors, as Part and Parcel of the Hereditary Possessions and Land Revenues of Her Crown, freed and discharged from all Rights of Common and other Rights, and from all Claims and
Demands whatsoever. Allotment to IX. The said sole Commissioner shall thereupon proceed to Her Majesty in set out and allot to Her Majesty, Her Heirs and Successors, such satisfaction of Her Rights.
Part or Parts of the remaining Part of the said Forest as, with the said Pieces of Land amounting together to One thousand seven hundred Acres, and so inclosed as aforesaid, he shall think a full, fair, and sufficient Compensation to Her Majesty for all Her forestal and other Rights in and over the said Forest, and also for all the Rights which Her Majesty, Her Heirs or Successors, is or may be entitled to exercise and enjoy in and over the said Forest or any Part or Parts thereof, under the Authority of the said recited Act, or otherwise howsoever ; and such Allotment or Allotments, when made, shall thereupon become and be absolutely vested in Her Majesty, Her Heirs and Successors, in Her and their Demesne as of Fee and as Part and Parcel of the Hereditary Possessions and Land Revenues of Her Crown, freed and discharged from all Rights and Claims of Common and all other
Rights and Claims whatsoever. Allotment to be
X. In making such Allotment or Allotments as aforesaid, the made where
said sole Commissioner shall and he is hereby required to set out most convenient to other Crown and allot such Part or Parts of the said Forest as shall be conLands.
veniently situated for Occupation with the said Pieces of Land amounting to One thousand seven hundred Acres, hereby vested in Severalty in Her Majesty, Her Heirs and Successors, as aforesaid.
XI. On the making of such Award by the sole Commissioner On the making as herein-after directed, the said Forest of Woolmer shall be for of Award, ever disafforested, and the Residue of the said Forest shall there- Forest to be upon become and be the Property of the serveral Persons entitled
disafforested. to Rights of Common in and over the said Forest, as they are now entitled to the same, freed and discharged of and from all Right of Soil or other Right or Claim of Her Majesty, Her Heirs and Successors, in, to, or over the said Residue of the said Forest.
XII. And for enabling the said sole Commissioner to make Commissioners his Award, it shall be lawful for the said Commissioners of Woods, of Woods to on behalf of Her Majesty, to produce and give to and before the produce Evisaid sole Commissioner Evidence in support of Her Majesty's of the Rights of Rights or any of them, and of the Value thereof ; and it shall be the Crown. lawful for any Person or Persons who, in the Opinion of the said sole Commissioner, shall be interested in the Premises, to appear before the said sole Commissioner, and to adduce such Evidence as in the Opinion of the said sole Commissioner shall be admissible, for the Purpose of controverting any Statement or Evidence made or offered to the said sole Commissioner in support of the Claims or Rights of Her Majesty, or of the Value thereof respectively.
XIII. The said sole Commissioner shall make his Award in Award of ComWriting within Two Years from the passing of this Act; and missioner to be ruch Award shall be executed in Duplicate, and One Part made within:
'Two Years. (together with One Part of the Award determining the Boundaries of the said Forest) shall be deposited in the Office of Land Revenue Records and Inrolments, and the other Part thereof (together with the other Part of the said Award deter. mining the Boundaries) shall be deposited with the Clerk of the Peace for the said County of Southampton, there to remain, and to be examined by all Persons, at all reasonable Times, on Payment of a Fee of One Shilling for each Examination.
XIV. It shall be lawful for the Commissioners of Woods to Powers of Comexercise all the same Powers over and in respect of the Lands, missioners of Lodges, and other the Hereditaments respectively hereby vested Woods over in or to be allotted to Her Majesty as aforesaid as they are or at
Lodges, &c. any Time hereafter shall be by Law enabled to exercise over and in respect of other Lands of Her Majesty in right of Her Crown, not being Royal Forests, Parks, or Chases.
XV. The sole Comunissioner of this Act may, if he shall think Commissioner fit, set out and allot such Roads and Ways through and over the may make said Forest as he shall consider proper and necessary, and, with Roads proper
for Enjoyment the Consent of the Owners, through and over any inclosed Lands
of Forest over adjoining thereto, as the said Commissioner shall think fit, and any Part of may agree to make Compensation to such Owners or Owner for Forest, &c. making such Roads or Ways over such adjoining Lands; and such Roads shall become and be public Highways, and be kept and maintained as such, without any Notice or other Proceeding
whatsoever ; and, after setting out the same, all other Roads or
Ways over the said Forest shall be shut up and discontinued. The Expenses XVI. The sole Commissioner of this Act shall cause such of of such Roads the said Roads to be made as he in his sole Discretion shall think by the sale of necessary, and shall for the Purpose of defraying the Expenses
thereof, and also for the Purpose of making such Compensation Parts of the Forest. (if any) as he may agree to give to any such Owner or Owners
of the adjoining inclosed Lands as aforesaid, sell so much of thic Waste Lands of the said Forest not hereby vested or directed to be vested in Her Majesty as he shall find necessary for these Purposes, for which Purposes his Conveyance shall vest an indefeasible Estate of Inheritance in Fee Simple in the Purchaser or Purchasers, and the Receipt of the said Commissioner shall be a sufficient Discharge for the Purchase Money; and if there shall be any Surplus of any Monies which arose from any such Sale after answering the aforesaid Purposes, the said Commissioner shall apply the same towards defraying any of the Expenses by
this Act directed to be paid. After Award, XVII. Immediately after the Award of such sole Commissioner all Letters Pa- shall have been made as herein-before directed all and every tent, &c. to
Letters Patent, Grants, Appointments, and Warrants of any cease, and Con: Offices
, Bailiwicks, Walks, or Lodges in or for the said Forest of therefor out of Woolmer, and all Salaries, Gratuities, and Fees lawfully payable the Land Re. or allowed in respect of the same, shall thenceforth cease, and venues of the
Compensation shall be made by the Commissioners of Her Ma. Crown. jesty's Woods out of the Land Revenues of the Crown to the
several Officers of the said Forest of Woolmer (whether holding Lodges and Land within the said Forest by virtue of the several Offices, or not), in consideration of the Cessation of the said seve. ral Offices, and on their relinquishing and giving up the Posses. sion of the said Lodges and Land respectively, and all Claim and Interest therein or thereto under any Grant, Letters Patent, Appointment, or Warrant as aforesaid, which Compensation shall in every distinct and separate Case be referred to and ascertained by the Commissioners of Her Majesty's Treasury, or by such Person as they shall for that Purpose appoint, on the Part of Iler Majesty, and by such indifferent Person as shall be appointed on the Part of each and every Officer of the said Forest interested or concerned in the Premises, and which said Commissioners of TIer Majesty's Treasury, or other the Person or Persons so to be appointed as aforesaid, are hereby empowered to send for Persons and Papers, and to examine the Parties and Witnesses upon Oath, if necessary (which Oath any one of the said Commissioners of the Treasury, or the Person or Persons so to be appointed as aforesaid, is hereby authorized and empowered to administer); provided that, in case any Difference of Opinion shall arise on any Matter or Question touching or concerning such Compensation, then the said Referees shall from Time to Time forthwith appoint any proper and competent Person or Persons to act as an Umpire or Umpires concerning the Premises, to whom all and every such Differences shall be referred, and whose Judgment shall be binding to all Intents and Purposes whatsoever.
XVIII. All Woolmer Forest.
Union Charges Act Continuance.
XVIII. All the Costs, Charges, and Expenses herein-before Provision as to directed to be defrayed out of the Land Revenues of the Crown, Costs. and all other Costs, Charges, and Expenses incurred by the Commissioners of Woods in and about the Execution of this Act, shall be borne and paid by them as part of the Costs of Management of the Land Revenues of Her Majesty.
XIX. The Commissioners or sole Commissioner of this Act Commissioners may examine upon Declaration all such Persons as they or he may, if they may think fit, who attend before them or him for the Purpose of think fit, exgiving Evidence upon any Matter or Proceeding under the Au- amine Witthority of this Act, and for that Purpose may administer or receive Declaration. Declarations, which Declarations may be in the following Form: I A.B. do solemnly declare, That the Evidence I shall give
before you touching the Matter in question shall be the Truth, • the whole Truth, and nothing but the Truth.' XX. If any Person, under the Provisions of this Act, shall
false Evidence wilfully give false Evidence, or shall make or subscribe a false guilty of MisDeclaration for the Purposes of this Act, he shall be deemed guilty demeanor. of a Misilemeanor.
CA P. XLVII.
present Majesty, for charging the Maintenance of certain
[16th July 1855.] [17 & 18 l'ict. c. 43. continued until 30th September 1856, and to the End of the then next Session of Parliament.]
CAP. XLVIII. in Act for the better Administration of Justice in the Cinque Ports.
[16th July 1855.] W HEREAS it would conduce to the better Administration
of Justice in the Cinque Ports if the Jurisdiction and Authority of the Lord Warden of the Cinque Ports and Con• stable of Dover Castle in relation to Civil Suits and Proceed
ings were abolished ; and it is expedient that the Parishes or • Places of Saint John the Baptist (called Margate), Saint Peter
the Apostle, Birchington, Acol otherwise the Ville of Wood, · Beakesbourne, and Grange otherwise Grench which are Mem• bers or Liberties of Dover, or some other of the said Cinque • Ports, should be severed therefrom:' Be it therefore enacted by 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 :
I. From and after the Thirtieth Day of September One thou- Jurisdiction of sand eight hundred and fifty-five all Jurisdiction and Authority Lord Warden of the Lord Warden of the Cinque Ports and Constable of Dover in Civil Pro
ceedings aboCastle in or in relation to the Administration of Justice in Actions, lished. Suits, or other Civil Proceedings at Law or in Equity, or the Exe