Forms of Leases of Parts of the Forests. Unlawful to be enquired of by the Verderers, and the Persons making the same fined. Possessions and Land Revenues of the Crown to which this Acti XCIX. And be it further enacted, That all Leases which shall be granted by the Commissioners of His Majesty's Woods, Forests, and Land Revenues, under the Authority of this Act, of any Part of the Royal Forests, may be either according to the Form for that Purpose set forth in the Schedule to this Act annexed, or in any other Form which to the said Commissioners may seem more expedient. Č. And Whereas the Number of unlawful Inclosures, PurpresInclosures, &c.tures, Encroachments, and Trespasses in the Royal Forests has of late Years been much increased, and the Fences of many of such Encroachments, and the Houses and Buildings erected 'thereon, though at different Times abated and thrown down by the Keepers or other Officers of the said Forests, have again been reinstated by the Trespassers who originally made them, or by others subsequently occupying or claiming the same: And Whereas it is expedient that more effectual Provision ⚫ should be made for the Prevention of such Offences, and for the • Punishment of the Offenders in future;' Be it therefore enacted, That from and after the passing of this Act all such unlawful Inclosures, Purprestures, Encroachments, and Trespasses, which shall have been wilfully made or caused or procured to be made by any Person or Persons in and upon any of the Royal Forests, or shall be wilfully held, occupied, and made use of by any Person or Persons subsequently occupying or claiming the same, (save and except such as have been demised or sold, or in respect of which any Treaty for a Demise or Sale shall or may be pending, under the Provision for that Purpose herein-before contained, between the said Commissioners of His Majesty's Woods, Forests, and Land Revenues, and the Party or Parties who shall be pretended Owners or actual Occupiers thereof,) shall and may be enquired of by the Verderers of the respective Forests within which such unlawful Inclosures, Purprestures, Encroachments, or Trespasses shall have been made in the Courts of Attachment of the said Forests respectively; and the Person or Persons guilty of making, continuing, and renewing any such unlawful Inclosure, Purpresture, Encroachment, or Trespass, save as aforesaid, shall and may be prosecuted for the same in the said Court or Courts; and upon Proof being made thereof on the Oath of One credible Witness, the Verderers of the said respective Forests, or any Two of them present at the said Court or Courts, shall have Power and they are hereby authorized to fine any Person or Persons so offending, for every such Offence, any Sum not exceeding Twenty Pounds, to be recovered and applied in Manner hereinafter provided for, and to order and direct every such unlawful Inclosure, Purpresture, Encroachment, and Trespass (save as aforesaid) to be abated by the Regarders, Under Foresters, Under Keepers, or other Officers of the said Forests respectively, who are hereby authorized and empowered to abate the same accordingly: Provided nevertheless, that in case it shall be insisted upon by any Person or Persons who shall be proceeded against in any of the said Attachment Court or Courts as. hereinbefore directed, that the Place wherein the Inclosure, Purpresture, Encroachment, or Trespass shall have been or shall be alleged to have been made was not within the Boundaries of any of the said Forests, or within the Lands belonging to His Majesty within the same, the said Verderers shall not proceed to Conviction, but shall certify the Presentment of such Offence to His Majesty's Attorney General, to the End that such Proceeding may be had therein by Information of Intrusion, or otherwise, as by Law might have been had before the passing of this Act. CI. And be it further enacted, That it shall be lawful for the Verderers of any of the said Forests, or any Two of them, at any Court of Attachment holden for any of the said Forests, by Warrant or Warrants under their Hands and Seals, to nominate and appoint any Person or Persons to be the Officer or Officers of the said Court or Courts, Forest or Forests, for the Purpose of executing the Judgments and Orders of the said Court or Courts from Time to Time given and made; and the Person or Persons so appointed shall, during the Time mentioned in such Warrant or Warrants, or until the same shall be recalled, or their Appointment or Appointments revoked by the said Verderers, have full Power and Authority to execute the Judgments and Orders of the said Court or Courts within the said respective Forests, in such and the same Manner and by such and the same Means as any Constable or other Peace Officer can or may by Law execute the Warrant of any Justice of the Peace for any County; and the said Verderers, or any Two of them, shall and may fix and allow such Fees to be paid to or taken by such Officer and Officers as the said Verderers shall in their Discretion think fit. CII. And be it further enacted, That it shall be lawful for the Verderers of any of the said Forests, or any Two of them, at any Court of Attachment to be holden for any of the said Forests, to enquire into the Conduct and Behaviour of the Regarders, Under Foresters, Under Keepers, or other Officers of the said Forests, in their said Offices; and if the said Verderers shall find that any Regarder, Under Forester, Under Keeper, or other Officer, shall have wilfully omitted to perform the Duty of his Office in preventing Purprestures and Encroachments, or in any other Re U 4 spects, Act not to pre vent proceeding by ordinary Course of Law. Penalties not directed to be recovered before the Ver derers may be recovered before a Justice. Application of Gravel, &c. not spects, it shall be lawful for the Verderers of any of the said Forests, or any Two of them, (having due Proof made before them on Oath of any such wilful Neglect, Omission, or Default,) and they are hereby authorized, to set and impose a Fine, not exceeding the Sum of Ten Pounds, on such Regarder, Under Forester, Under Keeper, or other Officer, for every such his wilful Act, Neglect, Omission, or Default, to be recovered and applied as hereinafter mentioned. CIII. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to prevent His Majesty from proceeding by Information in His Court of Exchequer, or from having Recourse to any other Law which may now exist, for the Punishment of Offences of the Nature hereinbefore mentioned, in all Cases where such Proceedings shall be deemed more advisable than those which are authorized by this Act. CIV. And be it further enacted, That all pecuniary Penalties hereinbefore imposed in respect of any Offences in the Royal Forests, and not herein-before directed to be recovered before the Verderers of any of the said Forests in the said Courts of Attachments, shall and may be recovered in a summary Way before any Justice or Justices of the Peace for any County, Riding, Division, or Place in which the Person having incurred the same shall happen to be; and in case any Penalty recovered before any Justice or Justices of the Peace, or before the Verderers of any of the said Forests, or any Two of them, or in the said Courts of Attachments, or any Fine set or imposed by the said Verderers or any Two of them, or the said Courts, shall not be paid forthwith, it shall be lawful for the Justice or Justices, or Verderers, or the said Courts, 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, and by the said Verderers or Courts to the proper Officer or Officers to be appointed for any of the said Forests in the Manner hereinbefore provided, 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, Verderers, or Courts, shall, if he or they shall think proper, commit the Offenders to the Common Gaol or some House of Correction within such County, Riding, Division, City, Town, or Place as aforesaid, there to remain without Bail or Mainprize for any Time not exceeding Six Months. CV. And be it further enacted, That all the said Penalties shall, when recovered, be, by the Verderers or other Person or Persons receiving the same, forthwith paid over to the Under Steward of the Forest in which the same shall have been incurred, and be applied in defraying the Expences attending the Execution of any Laws relating to the said Forest, as the Verderers of the said Forest, or any Two or more of them, shall, at a Court of Attachments of the said Forest, direct. CVI. And be it further enacted, That from and after the passto be taken from ing of this Act it shall not be lawful for any Surveyor of any Turnpike Consent. Turnpike Road or any Highway, or for any other Person, to dig, Forests without get, or carry away, or cause to be dug, got, or carried away, any Stone or Gravel, or other Materials whatever, for the making or repairing of any Road or Way, or for any other Purpose, in or from any of His Majesty's Forests, Woods, or Woodlands, without the Consent in Writing of the Commissioners of His Majesty's Woods, Forests, and Land Revenues for the Time being for that Purpose first had and obtained. ap CVII. And be it further enacted, That all Sums to be received under the Authority of this Act, for or in respect of any Sales, Exchanges, or Leases in any of the Royal Forests, shall be plied in the Payment of the Purchase Monies on the Purchase of any Rights of Common, Fuel Rights or other Rights, or of any Lands or other Hereditaments in the said Royal Forests which may be purchased under the Authority of this Act, and in Payment of the Monies to be paid for Equality of Exchange on any Exchange in any of the Royal Forests which may be made under the Authority of this Act, and of the Expences of the said Commissioners of His Majesty's Woods, Forests, and Land Revenues in or relating to such Purchases and Exchanges, and in the Payment of any Monies which may be agreed to be paid by way of Compensation for the Relinquishment of Purprestures and Encroachments in any of the said Royal Forests, and, subject thereto, shall be applied in or towards the maintaining of the said Forests, and the Payment of the Expences attending the Management thereof. Application of from Sales, &c. CVIII. And be it further enacted, That, subject to the Provi- Appplication of sion herein-before contained with respect to the Application of Monies arising Monies to arise from Sales, Exchanges, and Leases in the Royal from Sales, &c. Forests, and also subject, as to the Monies to arise from Sales and Exchanges in Ireland, to the Provisions contained in the said recited Act of the Seventh and Eighth Years of the Reign of His present Majesty as to the Application of the Monies to arise from the Sale or Exchange of any Parts of the Possessions and Land Revenues of the Crown in Ireland, previously to their being applied to the same Purposes as Monies arising from Sales and Exchanges of the Possessions and Land Revenues of the Crown in England, all Sums to be received under the Authority of this Act for or in respect of any Sales of any of the Possessions and Land Revenues of the Crown, or for Equality of Exchange on any Exchange of any of the said Possessions and Land Revenues, shall be applied in the Payment of the Purchase Monies on the Purchase of any Manors, Messuages, Lands, or other Hereditaments under the Authority of this Act, or in the Purchase of any Lease of any Part of the Possessions and Land Revenues of the Crown which may be bought in under the Authority of this Act, and in Payment of the Monies to be paid for Equality of Exchange on any Exchange to be made under the Authority of this Act, and of the Expences of the said Commissioners of His Majesty's Woods, Forests, and Land Revenues in or relating to such Purchases and Exchanges, and in the Payment of the Monies to be paid for the Redemption or Purchase of any Land Tax which may be redeemed or purchased under the Provisions herein-before contained, and of the Expences of the said Com missioners Sums arising from Sales not immediately wanted to be invested in the Three per Cents. Dividends of Stock so purchased to be applied in same Manner as annual Income of Land Revenues in Eng land and Ireland respect ively; and Stock so sold when wanted. missioners in or relating to such Purchase or Redemption, and in the Discharge of any Incumbrances which now or hereafter are or may be charged upon or affect any of the said Possessions and Land Revenues of the Crown to which this Act relates. CIX. And be it further enacted, That it shall be lawful for the said Commissioners for the Time being of His Majesty's Woods, Forests, and Land Revenues, to cause any Sums already received or which shall hereafter be received for or in respect of any Sales or Exchanges of any of the Possessions and Land Revenues of the Crown, and which may not be immediately wanted for the Purposes to which the same are hereby made applicable, to be laid out in the mean Time in the Purchase of Three Pounds per Centum Consolidated Bank Annuities, or Three Pounds per Centum Reduced Bank Annuities, in the Name of the Lord High Treasurer or of the Commissioners of His Majesty's Treasury; in which Name the Governor and Comany of the Bank of England are hereby authorized and required to permit Transfers to be made of the Annuities to be so purchased; and such Transfers shall be accepted by the said Commissioners of His Majesty's Woods, Forests, and Land Revenues, in the Name and on Behalf of the said Lord High Treasurer or the said Commissioners of His Majesty's Treasury. CX. And be it further enacted, That the Amount of the Dividends of the Stocks and Annuities to be purchased as last aforesaid shall from Time to Time, as the said Dividends shall become due, be placed by the Governor and Company of the Bank of England to the Credit of the said Commissioners of His Majesty's Woods, Forests, and Land Revenues in their Account with the Bank; and so much of the Dividends as shall have become due in respect of Stocks purchased with Monies which shall have arisen from the Sale or Exchange of any of the Possessions and Land Revenues of the Crown in England or Wales, the Isle of Man and its Dependencies, or the Isle of Alderney, shall be applied and disposed of by the said Commissioners in the same Manner and for the same Purposes as and considered in all Respects as Part of the annual Income of the Possessions and Land Revenues of the Crown in England and Wales; and so much of the said Dividends as shall have become due in respect of Stocks purchased with Monies which shall have arisen from the Sale or Exchange of any of the Possessions and Land Revenues of the Crown in Ireland, shall be applied and disposed of by the said Commissioners in the same Manner and for the same Purposes as and considered in all Respects as Part of the Sums to be received under the Authority of this Act for or in respect of the annual Income of the Possessions and Land Revenues of the Crown in Ireland. CXI. And be it further enacted, That when and so often as it purchased to be shall be necessary or expedient to raise, by Sale of any of the Stocks or Annuities to be so purchased as aforesaid, any Sum of Money for the Purposes to which Monies to be received under the Authority of this Act from Sales or Exchanges of any of the Possessions and Land Revenues of the Crown are hereby respectively made applicable, it shall be lawful for the Lord High Treasurer or the Commissioners of His Majesty's Treasury, for the Time |