tain the same Covenants as were contained in such surrendered Lease

No. 35.

or Grant, so far as the Subdivision of such Lands, Tenements, or 34 Geo III. c. 75. Hereditaments will permit.

and

Council of the

XX. Provided always, and it is hereby enacted and declared, Act not to affect That this Act, or any Thing herein contained, shall not extend, or the Power of the be construed to extend, to any Manors, Messuages, Lands, Tene- Chancellor ments, Tithes, or other Hereditaments within the Ordering and Sur- Duchy of Lancas vey of the Chancellor and Council of the Duchy of Lancaster, or to ter. any of the Rents or Revenues thereof, or to any Lease or Grant, Leases or Grants, made or to be made under the Seals of the Duchy and County Palatine of Lancaster, or either of them; but that all and singular the Manors, Messuages, Lands, Tenements, Tithes, and other Hereditaments of and belonging to the said Duchy, shall and may remain and continue to be granted and demised by his Majesty, his Heirs and Successors, for the like Terms, Estates, and Interests, and the Rents and Revenues thereof, to be received and applied, under the Order and Direction of the Chancellor and Council, and other Officers of the said Duchy, to and for the like Uses and Purposes, and in like Manner and Form, as before the passing of this Act; any Tuing herein contained to the contrary notwithstanding.

XXI. [Surveyor-General to certify to the King and the Par liament what Leases have been made, &c]

XXII. [Surveyor-General may send and receive Letters free of Postage.]

No. 36.

39 & 40 George III. c. 88-n Act concerning the Disposition of certain Real and Personal Property of his Majesty, his Heirs and Successors; and also of the Real and Personal Property of her Majesty, and of the Queen Consort for the Time being. [28th July, 1800]

13.

c. 88 His Majesty, bis Heirs and Succes sors, may by War

Manua! direct the

vested in them by in

XII. And whereas divers Lands, Tenements, and Heredita- 39 & 40 Geo III. 'ments have become and may hereafter become vested in his Majesty, his Heirs and Successors, by Escheat or otherwise, in Right of the Crown, which in the Hands of any of his Majesty's Subjects would 'be chargeable with certain Trusts, or applicable to certain Purposes, rant under the Sign and his Majesty, his Heirs or Successors, may be desirous that the Execution of any ⚫ same should be applied accordingly, notwithstanding any Right Trusts, to which 'which he or they may have to hold the same discharged from such Lands becoming Trusts, or without applying the same to such Purposes; but by escheat, &c. reason of the Provisions contained in the said Acts of the first Year Right of the Crown of her said late Majesty Queen ANNE, and the thirty-fourth Year of liable in case they his Majesty's Reign, Doubts may be raised whether his Majesty, had not e cheated, his Heirs or Successors, can direct such Application thereof: And &e and to restore ⚫ whereas divers Lands, Tenements, and Hereditaments, as well Free- ward the Persons hold as Copyhold, have escheated and may escheat to his Majesty, discovering such his Heirs or Successors, for Want of Heirs of the Persons last seised Escheats, &c. • thereof or entitled thereto, or by Reason of some Forfeiture, or

otherwise, although not forfeited for Treason or Felony; and it is 'expedient to enable his Majesty to direct the Execution of any such Trusts or Purposes as aforesaid, and to make any Grants of any such • Manors, Lands, Tenements, or Hereditaments as aforesaid, notwithstanding the Provisions contained in the said recited Acts; be it enacted, That it shall be lawful for his Majesty, his Heirs and Suc

would have been

such Lands, or re.

No. 36.

39 & 40 Geo. III, c. 88.

cessors, by Warrant under his or their Sign Manual, to direct the Execution of any Trusts or Purposes to which any Manors, Messuages, Lands, Tenements, or Hereditaments, which have escheated or shall escheat to his Majesty, his Heirs or Successors, shall have been liable at the Time the same so escheated respectively, or would have been liable in the Hands of any of his Majesty's Subjects, and to make any Grants of such Manors, Lands, Tenements, and Hereditaments respectively to any Trustee or Trustees, or otherwise, for the Execution of such Trusts, and to make any Grants of any Lands, Tenements, or Hereditaments which have escheated or shall escheat as aforesaid, to any Person or Persons, either for the Purpose of restoring the same to any of the Family of the Person or Persons whose Estates the same had been, or of rewarding any Persons or Person making Discovery of any such Escheat, as to his Majesty, his Hein or Successors respectively, shall seem fit; any Thing in the said Acts, or any of them, to the contrary notwithstanding.*

It would be very desirable, that the Principle of this Enactment should be carried further, and that in all Cases where Estates held in Trust, or by way of Mortgage, devolve on the Crown by Escheat, a Grant could be made for the Benefit of the Parties really interested, without the necessity of a previous Inquisition. The Statutes 8 & 18 H. 6, ante, afforded a very salutary Protec tion against an evident Incroachment of the Crown upon the Rights of the Subject, for the Sake of gratifying particular Favourites; but as the Prerogative is now invariably exercised in Support of the beneficial Interests which would exist, as between Subject and Subject, there is no longer a Necessity for restricting the Exercise of that Prerogative by a Continuance of the Regalations intended as a Guard against Mischiefs, which can no longer be apprehended, and the Compliance with which Regulations is attended with a very heavy and often a very inconvenient Expence. I apprehend, that no Objec tion could reasonably be made to an Enactment enabling the Crown to make such Grants, upon the Report of the Attorney and Solicitor-General, or of a proper Officer of the Exchequer and other Courts of Revenue; saving to all Persons such Rights at Law, or in Equity, as they would have had against the Heirs of the Persons upon whose Decease the Escheat has taken place.

48 Geo. III. e. 73

No. 37.

48 George III. c. 73.-An Act to improve the Land Revenue of the Crown in England, and also of his Majesty's Duchy of Lancaster. [18th June, 1808.]

W

THEREAS an Act passed in the Thirty-fourth Year of the Reign of his present Majesty, intituled, An Act for the 34 Geo. III. c 75 better Management of the Land Revenue of the Crown, and for the • Sale of Fee-farm and other unimproveable Rents; and it is expedient, that further Provisions should be made for the better Management ⚫ of the Land Revenues of the Crown within the ordering and Survey of the Exchequer, and of the Duchy of Lancaster;' 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 His Majesty may the same, That where any Land or Ground belonging or hereafter 90 Years of Lands to belong to his Majesty, his Heirs or Successors, within the ordering for Gardens, to be and Survey aforesaid, shall be deemed by the Lord High Treasurer or built either Commissioners of the Treasury, or the Chancellor of the Duchy of Crown Lands or Lancaster for the Time being, fit and proper for Gardens, Yards, Curtilages and other Appurtenances to be used and enjoyed with any

grant Leases to

used with Houses

others.

on

House or Houses or Buildings erected or to be erected upon Ground. No. 37. belonging either to his Majesty, his Heirs or Successors, or to any 48 Geo. III c. 73. other Proprietors, it shall be lawful for his Majesty, his Heirs or Successors, to demise or grant such Land or Ground to any Person or Persons, or to any Bodies Politick or Corporate, under the Great Seal of Great Britain, or the Seal of the Exchequer, or the Seal of the Duchy and County Palatine of Lancaster, for any Term or Estate not exceeding Ninety-nine Years to be computed from the Date or making of any such Lease or Grant respectively; or if any such Lease or Grant be made to take effect in Reversion or Expectancy, then that the Term and Estate thereby to be granted, together with the Term or Estate, Terms or Estates in Possession of and in the same Lands and Ground shall not exceed Ninety-nine Years, computed from the Date or making thereof as aforesaid.

the Term of the

II. Provided always, and be it further enacted, That no Ground Crown Land not for Garden, Yard, Curtilage or other Appurtenance to be used and to be granted for enjoyed with any Houses or Buildings holden or to be holden under longer Time than any Lease from his Majesty or his Royal Predecessors, shall be granted House. or demised for any Term or Estate exceeding in Duration the Term or Estate for which the Houses or Buildings to which such Land or Ground shall be so attached as Garden, Yard, Curtilage or other Appurtenance shall be holden.

No Lease of

III. And be it further enacted, That from and after the passing of this Act no Lease of any Land or Ground belonging or hereafter to Crown Lands shall be granted for belong to his Majesty, his Heirs or Successors, within the ordering Life. and Survey of the Exchequer in England, shall in future be granted for any Life or Lives; any Thing in any former Act of Parliament to the contrary notwithstanding; excepting only such Lease or Leases for Lives, as in and by a certain Act passed in the Forty-fourth Year of his Majesty's Reign, intituled, An Act for inclosing Lands in the Parish of Great Staughton in the County of Huntingdon, is and are authorized to be granted.

renewed. as the

IV. Provided always, and be it further enacted, That it shall be Crown Leases for lawful to renew any Leases of such Land or Ground demised or Gardens may be granted under the Authority of this Act, for Garden, Yard, Curtilage Leases for Houses and other Appurtenances to be used and enjoyed with any Houses or may under Buildings, at such Times and upon such Terms, and under and sub- 34 G. 3, c. 75, ject to the same Rules, Restrictions, and Provisions, as are prescribed § 5, 6. by the said recited Act of the Thirty-fourth Year of his present Majesty or by this Act, for the Renewal of Leases of any Tenements and Hereditaments authorized thereby respectively, to be granted for a Term not exceeding Ninety-nine Years: Provided always, that where any such Land shall be held and used under this Act as a Garden, Yard, Curtilage or other Appurtenance to any Houses or Buildings holden under any Lease from the Crown, it shall be lawful to renew the Lease of such Land at the same Time as the Lease of such Houses and Buildings are renewed, and for the same Term and under the like Conditions,

Time, as far as

Gardens.

V. Provided also, and be it further enacted, That whenever Leases may be Lands or Grounds, or Part of any Lands or Grounds held under any renewed at any Lease or Grant from his Majesty or his Royal Predecessors, shall have relates to Lands been or be deemed proper and fit as aforesaid for Gardens, Yards, deemed proper for Curtilages and other Appurtenances as aforesaid, it shall be lawful at any Time during the Continuance of the Demise of any such Lands or Grounds, to renew the Lease or Grant thereof, or of such Part thereof as aforesaid, under such Provisions and Conditions as are hereinbefore prescribed, for the Demise or Grant of any Land or Ground to be used as a Garden, Yard, Curtilage or other Appurtenance.

No. 37. VI. Provided always, and be it further enacted, That it shall be 48 Geo III. c. 73. lawful for the said Surveyor General, with the Approbation of and by Surveyor General the Direction of the Lord High Treasurer or Commissioners of the may with Consent Treasury for the Time being, or any Three of them, to contract and purchase Leas of agree with any Body or Bodies Politick or Corporate, or Person or Crown Lands for Persons holding any Messuages, Lands, Premises, Tenements, or Hethe Public Service. reditaments belonging to the Crown, for the Surrender of any Lease

of the Treasury,

able Cases where Leases surrender

ed.

thereof, or to purchase and buy up any Lease, or the Remainder of any Term of any Lease of any Messuages, Lands, Premises, Terements, or Hereditaments belonging to the Crown, which may be convenient for the public Service, and may, by any Three or more of the Commissioners of the Treasury for the Time being, be deemed eligible to be purchased or bought up, and to pay the Consideration agreed to be paid for such Surrender or Purchase to the Body or Bodies or Person or Persons entitled thereto, out of any Money arising from any Sales heretofore made, and which may be vested in the Bank of Eng land in the Three Pounds per Centum Consolidated Bank Annuities, or which may hereafter arise from any Sale of any Property belonging to the Crown, under this Act, or the said recited Acts as aforesaid.

VII. And whereas by the said recited Act, new Leases to be Powers of Re-granted upon the Surrender of any subsisting Leases are limited to newal in reew the said Term of Years as was granted by such surrendered Lease; and it may be doubtful in Cases wherein a Power is given by the said recited Act, to renew any Lease or Grant, whether if the subsisting Lease be surrendered the same can be renewed for a longer Term than was granted by such surrendered Lease;' be it therefore enacted and declared, That in all Cases in which any Lease or Grant of any Lands, Houses, Tenements, or Herednaments may be renewed under the said recited Act or this Act, it shall be lawful to make any new Lease or Grant of such Premises upon the Surrender thereof, for such Term and upon the same Conditions as if the same had been renewed under the Provisions of the said recited Act or this Act, and had not been first surrendered.

New Leases shall

Lessees.

VIII. And be it further enacted, That in all Charges and Exbe paid for by pences of any new Lease or Grant made upon the Surrender of any subsisting Lease or Grant under the said recited Act of the Thirtyfourth Year of his present Majesty, shall be borne and defrayed by the Lessees or Grantees thereof respectively.

IX. And be it further enacted, That in all Cases where the En

Chancellor of rolment of any Lease or Assignment, or Minute or Dockets thereof Duchy and Surveyor General my before the Auditor of the Land Revenue, or the Auditors of the authon ze nunc pro Duchy of Lancaster, or the Entry of any Lease or Assignment, or Entries, or Doc Minute or Docket of any Lease or Assignment, in the Office of the kets of Leases, &c. said Surveyor General, or Auditors of the said Duchy, has been or

tu c Enrolments,

shall be omitted or delayed beyond the Period limited in any such Lease, it shall be lawful for the Chancellor of the said Duchy of Lancaster, or the said Surveyor General, for any reasonable Cause to them or either of them shewn for the Omission or Delay and they and each of them are aud is hereby empowered to authorize and permit the making of any such Enrolment or Entry nunc pro tunc ; and the same respectively when made under such Authority shall be as valid and effectual as if made within the Period limited for that Purpose

X. And whereas by an Act passed in the Thirty-eighth Year of 38 G. 3, c. 60. his present Majesty, intituled, An det for making perpetual, subject to Kedemption and Purchase in the Manner therein stated, the several Sums of money now charged in Great Britain as a Land Tar •fo One Year, from the iwenty-fifth Day of March, One Thousand Seven Hundred and Ninety-eight; and by another Act passed in the Forty-second Year of his present Majesty, intituled, An det for con

42 G. 3. c. 116, § 131, &c.

(for Redemption of Land Tax.)

No. 37.

solidating the Provisions of the several Acts passed for the Redemption and Sale thereof, and for removing Doubts respecting the Right 48 Geo. 411. e. 73. of Persons_claiming to vote at Elections for Knights of the Shire

Chancellor and

of Lancaster em

recited Acts.

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; the Chancellor and Council of the Duchy of Lancaster for the Time being is empowered to sell and dispose of, ' and thereupon to grant and assure in the Name of his Majesty, his Heirs and Successors, under the Seal of the said Duchy of Lancaster, such and so much of the Manors, Messuages, Lands, Tenements, Tythes, Mines, Minerals, Collieries, Woods, Wood Grounds, Fens, 'Marshes, or Waste Lands belonging to the Crown, as are within the Survey and Receipt of the said Duchy, as would raise a Sam 'sufficient for the Redemption of the Land Tax charged on the Reve"nues belonging to the Crown within the Survey and Receipt of the 'said Duchy: And whereas it may be expedient, that Power should be continued in the said Chancellor and Council to sell such Portion ' of the said Revenues as shall be the least productive in proportion to 'their Value before or after the said Land Tax charged upon the Revenues belonging to the said Dachy shall have been redeemed:' be it therefore enacted, That it shall be lawful for the Chancellor and Council of Duchy Council of the said Duchy of Lancaster for the Time being, to sell powered to sell and dispose of to any Person or Persons, Bodies Politick or Corporate, certain Lands, unfrom Time to Time, and thereupon to grant and assure in the Name der Regulations of of his Majesty, his Heirs and Successors, under the Seal of the said Duchy, such Manors or Lordships belonging to the Crown, as are within the Survey and Receipt of the said Duchy, as consist of the Manerial Rights without any Lands, or with very small Quantities of Land belonging to them, and where the greater Part of the Lands over which the Manerial Rights extend is the Property of Individuals, and of Manors or Lands of which his Majesty in Right of his Duchy as aforesaid, is not the sole Proprietor, but is entitled to an undivided Share jointly with Individuals, and intermixed with the Property of Individuals, and lying remote from other Property belonging to the Crown, and of Ground or Building appertaining or antiently held with any Castle or strong Building new or lately used for a Common Gaol, or with any Building used for holding the Assizes or Sessions in any County for District, or for the Court House or Gadler's House, or in which the Magistrates for any County or District may claim to have Rights from the Length of Use or Enjoyment for the publick Purposes of such County and District, and of Tythes belonging to the Crown, within the Survey of the said Duchy aforesaid, issuing out of Lands, which are the Property of Individuals, and of Mills, Fisheries, Ferries, Tolls, and Stalls of Markets and Fairs, and Wastes belonging to the Crown, within the Survey of the Duchy aforesaid, upon or from which Usurpations or Incroachments have been made by Individuals, for the best Prices or Considerations in Money which the said Chancellor and Council shall be able to procure for the same; and the Purchase Money to be paid for the same shall from Time to Time be paid into the Hands of the Receiver General of the Revenues of the said Dachy, in the like Manner as the Monies arising from the Sale of Lands of the Duchy authorized by the said recited Acts of the Thirty-eighth and Forty-second Years of his present Majesty are directed to be paid; and all Sales made under this Act of the Property "herein-before described, shall be made in the same Manner and Form, and under the like Rules, Regulations, and Provisions, and shall be to all Intents and Purposes as valid and effectual as if the same had been made under the said Acts of the Thirty-eighth and Forty-second Years "of his present Majesty, or either of them.