No. I. c. 5. session, be and shall be made for three lives or fewer, or for thirty-one years or under, or for some term of years determinable upon one, two 1 & 2 W. 4, or three lives, and not above; and if any such lease or grant be made in reversion or expectancy, that then the same, together with the estates in possession, do not exceed three lives or the term of thirty-one years, and be not in any wise dispunishable of waste; and so as upon every such lease or grant there be or shall be reserved the ancient or most usual rent or more, or such rent as hath been reserved, yielded, or paid for such of the premises as are or shall be contained therein for the greater part of twenty years next before the making of the said leases or grants, and shall be reserved, due, and payable to such as have the inheritance or other estate of the said duchy; and where no such rent hath been reserved or payable, that then upon every such lease or grant there be or shall be reserved a reasonable rent not being under the twentieth part of the clear yearly value of the manors, messuages, parks, tenements, lands, or hereditaments contained in such lease or grant. II. And whereas certain parts of the said duchy are capable of considerable improvement, by the erection of substantial buildings thereon, and by the cultivation of waste lands, which cannot be undertaken Leases may be by the lessees unless they are secured by the longer interest in the pre- granted for mises than thirty-one years, or a term of determinable years building, or imupon three lives: be it further enacted, That it shall be lawful for the said officers proving wastes. of the said duchy to be named in his Majesty's said warrant, and they are hereby empowered, by deed under the hands and seals of any two or more of them, to demise, lease, or grant any lands, tenements, or hereditaments, parcel of the possessions of the said duchy of Cornwall, or annexed to the same, for any term of years not exceeding the term of ninety-nine years, expressly for the purpose of improving the same by erecting substantial buildings thereon, or for the purpose of improving waste lands by cultivation or otherwise; provided that the lessee or lessees in such leases or grants respectively to be named do and shall duly execute a counterpart or counterparts of the lease or leases so to be made to him, her, or them respectively; and further provided, that upon all such leases or grants so to be made improved annual groundrents be reserved and made payable, and that in all such cases of leases or grants so to be made for terms exceeding thirty-one years, or exceeding the usual term determinable upon three lives, no fines or other consideration be taken, further or other than the improved annual groundrents hereby directed to be reserved as aforesaid. III. Provided always, That the terms and conditions of all leases and Leases to be grants to be granted or made under the provisions of this act shall be previously appreviously approved by the commissioners of his Majesty's treasury, proved by the or any three or more of them. treasury. IV. That all covenants, conditions, reservations, and agreements Covenants to contained in every such lease or grant made or to be made as aforesaid be effectual in shall be good and effectual in law according to the words and intent of law according the same, as well for and against them to whom the reversion of the to their consaid manors, messuages, parks, tenements, lands, or hereditaments shall tents. come as for and against them to whom the interest of such leases or grants shall come respectively, as if our sovereign lord the king's Majesty's, at the time of making such covenants, conditions, reservations, and agreements, had been or were seised of an absolute estate in fee simple in the same manors, messuages, parks, tenements, lands, or hereditaments. V. Saving always to all and every person and persons, bodies politic and corporate, their heirs and successors, executors administrators, and assigns, (other than his said Majesty, his heirs and successors and other General saving. than the duke and dukes of Cornwall for the time being, and his and their heirs, their lessees, and all and every other person and persons that shall hereafter have, inherit, and enjoy the said duchy of Cornwall, by force of any act of parliament or other limitation whatsoever,) all such rights, titles, estates, customs, interests, tenures, terms, claims, and No. I. 1 & 2 W. 4, c. 5. demands whatsoever, of what nature, kind, or quality soever, of, in, to, or out of the said manors, offices, messuages, parks, tenements, lands, or hereditaments, or any of them, parcel of or annexed to the said duchy of Cornwall, as they or any of them had or ought to have had before the making of this act, to all intents and purposes, and in as large and ample manner and form, as if this act had never been made; this act, or any other thing therein contained, to the contrary notwithstanding. [No. II.] 1 & 2 W. IV. c. 12.-An Act for ascertaining the Boundaries of the Forest of Dean, and for inquiring into the Rights and privileges claimed by Free Miners of the Hundred of Saint Briavel's, and for other Purposes. (1) [2nd August 1831.] WHEREAS the boundaries of his Majesty's forest of Dean in the county of Gloucester, and of the lands of his Majesty's subjects within the same, are in some parts disputed, and in other parts not clearly ascertained and distinguished; and purprestures, encroachments, and trespasses to a great extent have been made on the soil of his Majesty within the said forest; and certain persons born within the hundred of Saint Briavel's, within the boundaries of the said forest, calling themselves free miners, claim certain rights and privileges in all lands and grounds lying within the perambulation and regard of the said forest and lands adjoining thereto, other than certain inclosures for the time they shall continue inclosed, the existence, origin, and particulars of which rights and privileges have never been sufficiently inquired into by any person or persons having competent powers to carry on such inquiry, and are not clearly ascertained and defined: And whereas it is desirable that the constitution, powers, jurisdiction, and practice of a court called the Mine Law Court, and also of a court called Saint Briavel's Court, and the management of the prison belonging to the same court, should be inquired into and ascertained; and it is also desirable that the expediency of erecting into a parish or parishes, or uniting to some existing parish or parishes, the said forest of Dean, and the lands lying within the perambulation and regard of the said forest, or such parts thereof respectively as are extra-parochial, should be inquired into and ascertained: Be it therefore enacted, &c. That it shall be lawful for his Majesty to issue or cause to be issued one or more commay appoint mission or commissions, under the great seal of Great Britain, or under commissioners the seal of his Majesty's court of exchequer at Westminster, and of inquiry. thereby to appoint commissions for the purposes of this act, and to authorize and empower the said commissioners so to be appointed, or any two of them, to inquire of, ascertain, and distinguish, in manner herein-after mentioned, the boundaries of the said forest called the forest of Dean, and of the lands of his Majesty's subjects within the same; and to inquire of the purprestures, encroachments, and trespasses on the soil of his Majesty within the boundaries of the said forest; and also to inquire, in manner herein-after mentioned, of the existence, origin, and particulars of the rights and privileges claimed by the persons born within the hundred of Saint Briavel's aforesaid, calling themselves free miners; and the said commissioners, or any two of them, shall and may and they are hereby authorized and empowered to meet at such time and at such place within the said county of Gloucester as they or any two of them shall appoint, and then and there, by the testimony of witnesses upon oath (which oath any one of the said commis His Majesty (1) See the 3 & 4 W. 4, c. 38, and 4 & 5 W. 4, c. 59, post. sioners is hereby empowered to administer), and by the inspection and II. That it shall be lawful for the lord high treasurer or the commis- Treasury may sioners of his Majesty's treasury of the United Kingdom of Great Bri- order 500l. to tain and Ireland, or any three or more of them, to order and direct such be paid to one sum or sums of money as they in their discretion may think fit to be of the commisissued and paid out of the woods and forests revenues to any one of the sioners for executing this act, commissioners appointed to carry this act into execution, as a remune- and 300l. for ration for his services therein, provided such sums shall not exceed five expences, out hundred pounds in any one year, and of any additional sum or sums of the woods of money to defray the expences incurred by the said commissioners and forests rein the execution of this act, such sum not exceeding three hundred venues. pounds, to be paid out of the woods and forests revenues: Provided No. II. 1 & 2 W. 4, c. 12. always, that no more than one of the commissioners to be appointed under this act shall receive any pay or remuneration for his trouble in carrying the provisions of this act into effect. III. That the said commissioners before they shall be capable of Commissioners acting in the execution of this act shall severally take and subscribe an to take an oath before a justice of the peace for the county of Gloucester, or before oath. one of the said commissioners (having first taken the said oath), to the effect following; that is to say, Commissioners may call persons to give evidence or produce records, &c. Public notice IA. B. do swear, That I will faithfully, impartially, and honestly, according to the best of my skill and judgment, execute the several powers reposed in me by an act of the second year of the reign of his Majesty king William the fourth, intituled An Act for ascertaining the 'Boundaries of the Forest of Dean, and for inquiring into the Rights and Privileges claimed by Free Miners of the Hundred of Saint Briavel's, and 'for other purposes, according to the tenor and purport of the said act. So help me GOD.' IV. That it shall be lawful for the said commissioners to call before them, at one of their public meetings, any person, (including any judge, steward, or officer of the said court called Saint Briavel's Court, and any gaoler or other officer of the said prison), either to give evidence or to produce any records of the said court, or any other records or other documents in his possession or custody, not relating to his private estate, or to the private estate of any other person or persons, and which the said commissioners shall think necessary or proper to be examined for the purposes of any of the inquiries directed by this act or by the said commission or commissions; and any person (being duly summoned) refusing or omitting to appear or to give evidence, or to produce such records or documents, without reasonable excuse for such refusal or omission, shall forfeit any sum not exceeding ten pounds nor less than forty shillings, to be recovered and applied in manner herein-after mentioned. V. And to the intent that no person may have any just cause or preto be given of tence for not appearing before the said commissioners at their meetings commissioners' to be held for the purpose of carrying this act into execution, be it furmeetings. ther enacted, That the said commissioners shall give public notice of the time and place of every intended meeting, by publication of such notice fourteen days at least before such meeting in the London Gazette and in one of the public newspapers published in the said county of Gloucester, when and where any person having any rights or claims within the said forest may be at liberty to lay the same before the said commissioners: Provided always, That the said commissioners, or any one of them, shall and may from time to time adjourn their meeting to any future day, and to any place within the counties of Gloucester, Hereford, or Monmouth, without giving any public notice thereof in any newspaper: Provided always, That every place of meeting shall be within twelve miles of the boundary of the forest of Dean. Meetings may VI. That any two of the said commissioners so to be appointed as be appointed aforesaid shall have full power and authority to appoint and hold meetby any two ings for the purpose of carrying this act into execution; and that at all commissioners. meetings of the said commissioners under the authority of this act, or the said commission or commissions, the major part of the commissioners then present shall have full power and authority to do, exercise, and perform all such acts, powers, and authorities, matters and things, as in and by this act, or the said commission or commissions to be issued in pursuance thereof, are or shall be directed, authorized, or empowered to be done, exercised, or performed by the said commissioners. Proceedings of VII. That the said commissioners acting under the said commission commissioners shall be and they are hereby required to cause all their inquiries, exto be entered aminations, and proceedings under this act to be fairly entered in books to be kept for that purpose, one book or set of books being appropriated in books. to the inquiries, examinations, and proceedings relating to the rights and privileges claimed by the persons calling themselves free miners as aforesaid, and another book or set of books being appropriated to the other inquiries, examinations, and proceedings under this act; all which books, duly signed and certified by the said commissioners or any two of them, shall be returned into the office of the commissioners of his Majesty's woods, forests, and land revenues, there to remain and be kept. VIII. That all pecuniary penalties and fines imposed by this act shall Recovery of and may be recovered in a summary way before any justice or justices penalties. of the peace for the county of Gloucester, or for any county, riding, division, or place in which the person having incurred the same shall happen to be; and in case any penalty or fine recovered before any justice or justices of the peace in pursuance of this act shall not be paid forthwith, it shall be lawful for the justice or justices by whom such fine shall be set or imposed, or before whom such penalty shall be recovered, by warrant under his hand and seal or their hands and seals, and directed by such justice or justices to any constable or other peace officer, to cause such fine or penalty to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale; and in case no sufficient distress can be had or made, such justice or justices shall, if he or they shall think proper, commit the offender to the common gaol for or some house of correction within the said county of Gloucester, or for such other county, riding, division, city, town, or place as aforesaid, there to remain without bail or mainprize for any space not exceeding two calendar months. IX. That if any action or suit shall be brought or commenced against Limitation of any person or persons, for any thing by him, her, or them done or actions. executed in pursuance of this act, or for any cause, matter, or thing herein contained, such action or suit shall be commenced within three calendar months next after the matter or thing done, and shall be laid in the proper county, and the defendant or defendants in such action may plead the general issue, and give the special matter in evidence, for his or their defence; and if upon trial a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiff's become nonsuited, or discontinue his, her, or their action or prosecution, or judgment shall be given against him, her, or them upon demurrer or otherwise, then such defendant or defendants shall have treble costs awarded to him or them against such plaintiff or plaintiffs. X. That all penalties recovered and all fines imposed by virtue or in Application of pursuance of this act shall be, by the justice or justices receiving the penalties. same, forthwith paid over or transmitted to the under steward of the said forest of Dean, to be applied in defraying the expenses attending the execution of this act or any other laws concerning the said forest. XI. That it shall and may be lawful for the said commissioners, or Commissioners any two of them, and they are hereby required, from time to time and to report to the in such manner and form as shall be in that behalf specified in any such treasury recommission or commissions as aforesaid, to report to the lord high specting the treasurer or the lords commissioners of his Majesty's treasury the boundaries of boundaries of the said forest, and of the lands of his Majesty's subjects the forest, the within the same, so far as the said commissioners shall be able to claimed thereseveral rights ascertain the same; and also to report what rights and interests the in, and other persons occupying or claiming to be interested in lands or tenements matters relatwithin the bounds of the said forest have or claim therein, and the ing thereto. origin or alleged origin of such rights and interests, whether by grant, custom, or otherwise, in all cases in which it shall not clearly appear to the said commissioners that a good title to such rights and interests can be established against the crown, including in such report the particulars of the rights and interests of persons claiming to be owners of or to have a right to open or work quarries, and the origin, whether by grant, custom, or otherwise, of such last-mentioned rights and interests |
