Page images
PDF
EPUB

Α

COMPENDIOUS ABSTRACT

OF THE

PUBLIC GENERAL ACTS

of the United KINGDOM

OF

GREAT BRITAIN AND IRELAND:

2 WILLIAM IV.-1831-2:

BEING THE SECOND SESSION OF THE TENTH PARLIAMENT

OF SUCH

UNITED KINGDOM.

FROM

THE LAW JOURNAL.

VOL. X.

LONDON:

Printed by J. Holmes, No. 4, Took's Court, Chancery Lane.

PUBLISHED BY E. B. INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXXII.

BEGUN

AT WESTMINSTER

THE

14TH JUNE, ANNO DOMINI 1831,

AND

FROM THENCE CONTINUED:

BY SEVERAL PROROGATIONS,

TO THE

6TH DECEMBER, 1831.

BODLEIAN

+4-5-1903

BRAR

ABRIDGMENT

OF THE

PUBLIC GENERAL STATUTES,

2 WIL. IV.-1831-2.

CAP. 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.)

ABSTRACT OF THE ENACTMENTS.

1. Appointment of Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings.

2. Regulations at present applicable to the Board of Works and to the Commissioners of Woods, &c. to be observed by the Commissioners appointed under this Act.

3. Commissioners to be under the Direction of the Commissioners of the Treasury.

4. Monies in the Banks of England and Ireland to be transferred to new Commissioners.

3. Suits pending to be carried on in the Name of the new Commissioners.

6. Commissioners to take an Oath on their Appointment.

7. Commissioners to receive Salaries.

8. Powers of former Acts vested in the Commissioners,

9. All Leases, Contracts, and Agreements to remain in force in the same manner as if this Act had not passed.

10. Powers and Privileges of First Commissioner.-Two Commissioners may act in certain cases.

11. One Commissioner may be a Member of the House of Commons.

12. Accounts now audited by the Auditors of the Land Revenue to be transferred to the Commissioners for auditing the Public Accounts.

13. Office of Auditor of the Land Revenue to be abolished.

14. Compensation to Grantees; which shall be fixed by Referees.

15. Commissioners of the Treasury to provide a place for the Records of the Office of Land Revenue;

16. And appoint a Keeper thereof.

17. Keeper to hold his Office during pleasure;

18. And to have a Salary.

19. Expenses of Office to be paid out of the Fees.

20. Official Papers to be removed into the new Office.

21. All Deeds directed by former Acts to be inrolled in the Office abolished, to be inrolled in the new Office.

22. Fees to be paid as directed by Commissioners of the Treasury.

23. Deeds to be inrolled in order as they are brought in.

24. Sales under a certain Amount not to be inrolled.

15. All Deeds inrolled as hereby directed shall be as valid as if inrolled in His Majesty's Courts at Westminster. 26. Deeds certified by the Keeper of the Records shall be received in Evidence.

[merged small][ocr errors][merged small][merged small]
[ocr errors]

After noticing that by divers Acts, and particularly an Act 10 Geo. 4. c. 50. intituled, An Act to consolidate and amend the Laws relating to the Managemant and 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 Provisions 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 bereditaments 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 that by an Act 54 Geo. 3. c. 157. intituled 'An Act for better Regulation of the Conduct of the Business of the Office of Works, and the Expenditure thereof,' His Majesty's works and public buildings, including as well the works and buildings the expense of which is defrayed out of His Majesty's Civil List revenues, as the works and buildings the expense 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 superintendance and controul of an officer appointed during His Majesty's pleasure, called "The Surveyor General of His Majesty's Works and Public Buildings":

And that 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 after noticing that under an Act 39 Geo. 3. c. 83. 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 10 Geo. 4. c. 50, 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 last-mentioned Acts directed to be examined, tried, and audited by the Commissioners appointed under the authority of an Act 25 Geo. 3. c. 52, intituled An Act for better examining and auditing the Public Accounts of the Kingdom :'— And after noticing the expediency 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 54 Geo. 3. c. 157, 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 also the expediency 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 25 Geo. 3. c. 52; and that it is just that the said William Henry Cooper and Frederick Grey Cooper should receive a compensation for the loss they will sustain by the abolition of their said office of Auditor of the Land Revenue; and that 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 hereinafter mentioned, of all deeds and instruments which, in case this Act had not been passed, ought, under the provisions of the said Act 10 Geo. 4. c. 50, 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 :

It is Enacted,

1. That it shall be lawful for His Majesty, his heirs and successors, at 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; and from and after such appointment all Acts of Parliament, deeds, bonds, contracts, agreements, and other instruments in which the Commissioners of His Majesty's Woods, Forests, and Land Revenues, or the Surveyor General of His Majesty's Works and Public Buildings, are named or mentioned, shall apply to the Commissioners for the time being of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings so to be appointed as aforesaid, as if such last-mentioned Commissioners had been originally named in and made parties to such Acts of Parliament, deeds, bonds, contracts, agreements, and other instruments, instead of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, and the Surveyor General of His Majesty's Works and Public Buildings.

11. That all instructions which, in pursuance of and conformably to the directions of the said Act 54 Geo. 3. c. 157, the Lord High Treasurer or the Commissioners of His Majesty's Treasury have heretofore prepared and transmitted to the Surveyor General of the Office of Works, for the conduct of the business of the Office of Works, or for the regulation or controul of the expenditure thereof in any of its branches or departments, and all and singular orders, rules, instructions, and directions which, in pursuance of and conformably to the provisions of the said Act of the tenth year of the reign of His late Majesty, have been made or given by the Lord High Treasurer or the Commissioners of His Majesty's Treasury, touching or concerning the duties of the office of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, shall be binding upon, observed, and kept by the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and their successors, in like manner as the same instructions, orders, rules, and directions respectively, are now binding upon, and are or ought to be observed and performed by the Surveyor General of His Majesty's Works and Public Buildings, and by the Commissioners of His Majesty's Woods, Forests, and Land Revenues respectively.

III. That the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and their successors, shall perform and observe all the orders, directions, instructions, and rules, not being contrary to this Act, which shall from time to time be given to them by the Lord High Treasurer or the Commissioners of His Majesty's Treasury for the time being, or any three or more of them, touching the performance of the duties, and the exercise of the powers imposed upon and given to them by this Act.

IV. That all monies which, at the time of the first appointment of the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall be in the Bank of England or in the Bank of Ireland, or in any other bank, placed to the credit of any account or accounts under the controul of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, shall, immediately after the appointment of the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, be transferred, and the governors and managers of such banks respectively are hereby required to transfer the same monies respectively, to the credit of a like account under the controul of the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings.

v. That the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, for the purpose of prosecuting, defending, and carrying on all actions, suits, and proceedings which shall be pending at the time of their first appointment, and that without the necessity of substituting the names of the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, in lieu of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, and to and for all other intents, constructions, and purposes whatsoever, except so far as would be repugnant to the provisions of this Act, shall come in the place of and be and shall be deemed and taken to be the successors of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, and also of the Surveyor General of His Majesty's Works and Public Buildings.

VI. That every Commissioner to be appointed as herein-before is directed shall, before he shall act in pursuance of such appointment, take the following oath, to be administered by the Chief Baron or one other of the Barons of His Majesty's Exchequer; (that is to say,)

'I A. B. do swear, That I will faithfully and diligently execute the Duties of a Commissioner of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings,

'So help me God.'

vu. That it shall be lawful for His Majesty and his successors, by the letters patent by which the Commissioners of His 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, 10 Geo. 4. c. 50, 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. That it shall and may be lawful for the Commissioners to be appointed under this Act, and they are hereby authorized, empowered, and required, to exercise and carry into effect all the powers, authorities, clauses, enactments, and provisions contained in the said recited Act 10 Geo. 4. c. 50, 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

« PreviousContinue »