No. 37. 48 Geo IIE c. 73. Form of Conveyance from the Party. Right of his Crown, from C. D. [and also in Consideration of the Sum of pard by the said C. D. for Equality of Exchange to the Surveyor General of the Land Revenue of the Crown] the said Surveyor General for and on Behalf of his Majesty, doth by these Presents grant, bargain, and sell unto the said C. D. his Heirs and Assigns, All [describe the Parcels of Land, &c. sold] To have and to hold the said [Parcels, &c.] 'hereby bargained and sold, and all Benefit and Advantage thereto belonging, unto and to the Use of the said C. D. his Heirs and Assigns, for ever. In Witness whereof the same Surveyor General hath hereunto set his Hand and Seal, this 'Day of in the Year of our Lord Witness to the Execution by the said Surveyor General And the Conveyance to his Majesty of such Lands as are proposed to be taken in Exchange for such Crown Lands, may be in the following Form, or as near thereto as may be; (that is to say), ⚫ Conveyance by the Person with whom the Exchange is proposed to be made: THE HESE are to witness, That C. D. of in the in Consideration of the Conveyance to him the said C. D. from the Surveyor General of the Land Revenue of the Crown, for and on Behalf of his Majesty, of a certain Parcel of Land [describing it] and also the Sum of paid to him by the said Surveyor General on Behalf of his said Majesty, for Equality of Exchange [if the Case be so] Doth by these Presents grant, bargain, and sell unto his Majesty, his Heirs and Successors, all that Parcel of Land [describing it] To have and to hold the same to his said Majesty, his Heirs and Successors, in Right of his Crown. In Witness whereof the said C. D. hath hereunto set his Hand and Seal, this in the Year of our Lord Witness to the Execution of the said C. D. Day of And such Instruments respectively shall not be liable to any Stamp Duty. "Act may be altered or repealed this Session. § 31." No. 38. 50 George III. c. 65.-An Act for uniting the Offices of No. 39. 52 George III. c. 161.-An Act for enabling his Majesty to grant Leases under certain Circumstances, and for the better carrying into Effect the Provisions of an Act passed in the Thirty-ninth and Fortieth Year of the Reign of his present Majesty, touching the Formation of a Map of the New Forest in the County of Southamp ton, and continuing and extending other Provisions of the said Act; for further appropriating the Monies arisen or to arise from the Sale of certain Crown Lands under the Authority of divers Acts of Parliament; for annexing certain Lands within the Forest of Rockingham to his Majesty's Manor of King's Cliffe; and for enabling the Commissioners of the Treasurer to appropriate small Portions of Land for Ecclesiastical Pur[29th July, 1812.] poses. HEREAS an Act was made in the Thirty-fourth Year of the intituled, for the better Management of the Land Revenue of the Crown, and for the Sale 52 G. III. c. 161. of Fee Farm and other unimproveable Rents, reciting and repealing 34 Geo. III. c 75. a Proviso contained in an Act, made in the First Year of the Reign of Queen ANNE, intituled, An Act for the better Support of her Majesty's Household, and the Honour and Dignity of the Crown, so far as the same was contrary to any of the Provisions of the said § 1. Land Revenue of the Crown of England, and also of his Ma- 48 Geo. III. c. 73. jesty's Duchy of Lancaster, it was enacted, that where any Land or Ground belonging or thereafter to belong to his Majesty, his Heirs or Successors, within the Ordering and Survey of the Exchequer, or of the Duchy of Lancaster, shall be deemned by the Lord High Treasurer or the Chancellor of the Duchy of Lancaster for the time being, fit and proper for Gardens, Yards, Curtilages and other Appurtenances to be used and enjoyed with any House or Houses or Buildings erected or to be erected upon Ground belonging either to his Majesty, his Heirs or Successors, or to any other Proprietors, it should 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 Politic or Corporate, under the Great Seal of Great Britain, for the Seal of the Exchequer, or the Seal of the Duchy and County Palatine of Lancaster, for any Term or Estate not exceeding Ninetynine Years, to be computed from the Date or making any such Lease or Grant respectively; or if any such Lease or Grant be made to take Effect in Reversion or Expectancy, 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 Grounds should not exceed Ninety-ninety Years, computed from the Date or making thereof as aforesaid; and it was thereby further ' enacted, that no Land or Ground for Garden, Yard, Curtilage or other Appurtenances to be used and enjoyed with any Houses or Buildings holden or to be holden under any Lease from his Majesty, or his Royal Predecessors, should be granted or demised for any Term or Estate exceeding in Duration the Term or Estate for which the No. 39. 52 G. III. c. 161. 1 Anne, st. 1. c. § 6. repealed. His Majesty may lease building on. Lands for 'Houses or Buildings to which such Land or Ground should be so attached as Garden, Yard, Curtilage or other Appurtenances should be holden: And whereas it would tend much to the Improvement of the Revenues belonging to his Majesty in Right of his said Duchy ' of Lancaster, if the Power of granting Leases for the Erection, re'pairing or rebuilding of Houses and other Buildings, on Lands within the Survey of the said Duchy, and of Gardens, Curtilages and Appurtenances to be used therewith, were enlarged, and if the Provisions in the said recited Act of the Thirty-fourth Year of his present Majesty were extended to Leases granted under the Seals of the Duchy and County Palatine 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 the same, That the said recited Proviso in the said Act of the First 7, Year of Queen ANNE contained, so far as the same is contrary to any of the Provisions of this Act, shall be and the same is hereby repealed; and that when any Land or Ground belonging or hereafter to belong to his Majesty, his Heirs or Successors, within the Ordering and Survey of the Chancellor and Council of his Majesty's Duchy of Lancaster for the time being, fit and proper for the Erection of Houses or other Buildings thereupon, or for the necessary Gardens, Yards, Curtilages and other Appurtenances to be used and enjoyed therewith, and shall be by their Order directed to be reserved or set apart and appropriated to that Use; or where the Lessee or Grantee, Lessees of Grantees shall agree and covenant to erect Buildings thereon of greater Yearly Value than the Land or Ground so to be leased or granted; or where the greatest Part of the Yearly Value of any Tene ments or Hereditaments belonging to his Majesty, his Heirs and Suecessors as aforesaid, doth or shall at the time of making any Lease or Grant thereof consist of any Building or Buildings thereupon; in all and every or any of such cases it shall and may be lawful for his Majesty, his Heirs and Successors, to demise or grant the Land of Ground so directed to be set apart as aforesaid, or the Tenements or Hereditaments of the Description last aforesaid respectively, to any Person or Persons, or to any Body or Bodies Politic or Corporate, under the Seal or Seals of the said Duchy and County Palatine of Lancaster, for any Term or Estate, so as such Term or Estate do not exceed Ninety-nine Years or Three Lives, 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 Expect. ancy, 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 Land and Ground, Tenements and Hereditaments respectively, shall not exceed Ninety-nine Years or Three Lives, computed from the Date or making thereof as aforesaid, and so as the respective Rents hereinafter specified or reserved for the same; that is to say, where there shall happen to be any substantial Building or Buildings upon the Ground to be demised, or that the Building or Buildings thereupon shall not require or not be intended and agreed to be rebuilt, there shall be reserved to his Majesty, his Heirs and Successors, an annual Rent or Rents, not being less than Two Third Parts of such annual Sum as shall be deemed, by the Chancellor and Council of the said Duchy for the Time being, a reasonable Rent or Consideration for such Building or Buildings and Ground respectively, for the Term and Estate intended to be granted of and in the same, and so as there be paid to the Use of his Majesty, his Heirs and Successors, a Fine or Fines to the Amount of the remaining Part of such annual Sum as aforesaid, subject to a Discount which shall not be computed No. 39. at a higher Rate than the highest legal Interest at the time of making any such Grant or Lease; and when there shall happen to be no sub- 52 G. III. c. 161. stantial Building upon the Land or Ground to be demised, or that the Building or Buidings thereupon required or should be intended and agreed to be forthwith rebuilt, or other new Buildings to be erected upon such Land or Ground, then and in that case there shall be reserved such annual Rent or Rents as shall be deemed by the Chancellor and Council of the Duchy for the Time being, to be a reasonable Rent or Consideration for such Land and Ground and old Buildings respectively for the Term and Estate intended to be granted of and in the same, without taking any Fine for the same, and so as in every Lease or Grant of Land or Ground and Buildings of the Description last aforesaid, there be contained a Covenant or Condition, on the Part of the Lessee or Grantee, for the erecting of proper and substantial Houses or other Buildings thereon, within a reasonable time to be in such cases limited for that Purpose, and such other Covenants for keeping Buildings in Repair, and doing all such other Acts as the Chancellor and Council of the said Duchy of Lancaster for the time being shall think reasonable, and so as all and every such Rent and Rents be reserved to be paid free and clear of all manner of Taxes and Assessments whatsoever, for and during the whole of the Term or Terms to be granted or demised, except such Rent or such Part thereof, during such Part of such Term or Terms as the Chancellor and Council of the said Duchy of Lancaster for the time being shall in any case think fit and expedient to be allowed, not exceeding in any case the Term of Three Years, and so as every such Grantee or Lessee, Grantees or Lessees, shall and do duly sign, seal and deliver a Counterpart or Counterparts of his, her or their respective Grant or Lease, Grants or Leases; and that all and every such Grants and Leases so made as aforesaid, according to the true Intent and Meaning of this Act, shall be good, valid and effectual in the Law; any thing contained in the said Act of the First Year of Queen ANNE, or any other Act, to the contrary notwithstanding. II. And whereas by the said recited Act of the Forty-eighth Year of his present Majesty, it was enacted, That whenever it 48 Geo. III. c. 73, Í 28. should appear to the said Chancellor and Council of the said Duchy, 'that it would be to the Advantage of the Land Revenue of the Crown to exchange any Parcel or Parcels of Land belonging to his Majesty, his Heirs or Successors, for Land of equal or nearly equal • Value, belonging to any other Person or Persons, Bodies Politic or Corporate, and such other Person or Persons, or Bodies, should 'consent to such Exchange, it should be lawful for the Surveyor • General of the said Duchy to cause the Value as well of the said • Parcel or Parcels of Land belonging to his Majesty, his Heirs or • Successors, as of the said Parcel or Parcels of Land proposed to be • exchanged for such Land of his Majesty, to be ascertained by some ⚫able and practical Surveyor of Land, who shall annex to his Survey, • Estimate or Valuation thereof, when completed, an Oath (or, being ⚫ of the People called Quakers, an Affirmation) taken and subscribed by him before any Justice of the Peace or Magistrate of the • United Kingdom, who is respectively thereby authorized to administer an Oath or Affirmation in that Behalf, according to the Tenor ⚫ and Effect therein mentioned, which Oath and Affirmation so taken • and subscribed should be filed with the Survey and Estimate in the • Office of the Clerk of the Council of the said Dnchy; and the said Surveyor General of the said Duchy should report to the Chancellor and Council of the said Duchy, the Grounds of his Recommendation of the proposed Exchange, together with the said Valuation of the respective Parcels of Land; and if the Chancellor and Council of No. 39. 52 G. 111 c. 161. the said Duchy should, upon due Consideration had, approve of such Exchange taking place, they should authorize the proper Officers of the said Duchy to carry the same into Effect, upon such Terms and Conditions, as they should think fit, provided the same 'should be assented to by the Person or Persons, or Body, with whom such Exchange is proposed to be made, and the said Chan'cellor should thereupon cause the said Parcel of Land belonging to his Majesty to be conveyed to the said Person or Persons or Bodies respectively, with whom the said Exchange was proposed to be made; and such Person or Persons, or Body, should at the same Time convey to the said Chancellor and Council, in Trust for and on Behalf of his said Majesty, his Heirs and Successors, in Right of his said Duchy, the said Parcel or Parcels of Land so agreed to be 'given in Exchange for such Parcel or Parcels of Land as aforesaid; and from and immediately after the Completion of such Exchange, the said Parcels of Land so belonging to his Majesty, and given in Exchange as aforesaid, should vest in the Person or Persons, of Body, to whom the same was conveyed, for the same Estate or Interest, and as fully and effectually as the said Parcels of Land se 'given in Exchange did before such Exchange; and the said Parcels of Land so conveyed in Exchange to his Majesty, should vest in his Majesty, his Heirs and Successors, in Right of his Duchy as fully and effectually, and be subject to the same Application, as the said ‹ Parcels of Land so conveyed in Exchange to such Person or Persons, or Body, was vested in him before such Exchange. And whereas Doubts have arisen with Respect to the Form of the Conveyance in Cases of Exchange, empowered by the said recited Act of the Fortyeighth of the Reign of his present Majesty;' Be it enacted, That Doubts in Form whenever it shall appear to the Chancellor and Council of the said cases of Exchanges Duchy, that such Exchange can be carried into Effect with Advanof Land within or tage to his Majesty, his Heirs and Successors, according to the Regu dering and Survey lations directed by the said Act, it shall be lawful for the said Chan of Conveyances, u removed. cellor and Council, and they are hereby empowered to grant and convey to the said Person or Persons, or Bodies, respectively, with whom the said Exchange is proposed to be made, any Lands, Tene ments or Hereditaments, Parcel of the said Duchy or County Palatine, in the Name of his Majesty, his Heirs and Successors, under the Seal or Seals of the said Duchy or County Palatine; and such Person or Persons, Body or Bodies, shall at the same Time convey to the said Chancellor and Council, in Trust for and on the Behalf of his Majesty, his Heirs and Successors, in Right of his said Duchy or County Palatine, the said Parcel or Parcels of Land so agreed to be given in Exchange as aforesaid; and from and immediately after the Completion of such Exchange, the said Parcels of Land so belonging to his Majesty, and given in Exchange as aforesaid, shall vest in the Person or Persons, or Body, to whom the same is conveyed, for the same Estate or Interest, and as fully and effectually as the said Parcel of Land so given in Exchange did before such Exchange; and the said Parcels of Land so conveyed in Exchange to his Majesty, shail vest in his Majesty, his Heirs and Successors, in Right of his said Duchy and County Palatine, as fully and effectually, and be subject to the same Application as the said Parcels of Land so conveyed in Exchange to such Person or Persons, or Body, was vested in him before such Exchange; any Thing in the said Act or any other Act or Acts contained to the contrary notwithstanding. III. And whereas by the said recited Act of the Forty-eighth 48 G. 3, c. 73, Year of the Reign of his present Majesty it. was enacted, That it should be lawful for his Majesty, his Heirs and Successors, to demise or grant any Land or Ground belonging to his Majesty, his Heirs § 1. |