by the Perfon or Perfons, Body Politic or Corporate, fo contracting; and in cafe the Two Perfons fo chofen fhall not agree, then as fuch Third Perfon, whom the Two fo chofen fhall for that Purpofe nominate, fhall adjudge and determine to be a juft and reafonable Compenfation to the Perfon or Perfons, Body Politic or Corporate, feeking the fame, for any fuch Benefit which he or they fhall have been or may be deprived of by means of any fuch Sale or Sales, or fhall lofe or forego on account thereof; in eftimating which Com- Compenfation penfation, in every cafe in which no fpecific Rent fhall be directed how citimated. by the Act or Acts of Parliament under which fuch Allotment or Allotments fhall have been or fhall be fet out or made to be referved on the granting any Leafe or Leafes thereof, the fame Average Rent per Acre fhall be referved in any fubfifting Leafe or Leafes granted by fuch Perfon or Perfons, Body Politic or Corporate, of the Lands or Hereditaments in refpect of which fuch Allotment or Allotments fhall be or fhall have been made, fhall be deemed and taken to have been the accustomed Yearly Rent which would and ought to have been referved in any Leafe or Leafes which would or might have been granted or renewed of any fuch Lands or Hereditaments to be fold as aforefaid if no fuch Sale or Sales had been made, or if any Leafe or Leafes had been made or granted thereof previous to any

fuch Sale or Sales; and the Receipt or Receipts of Receipts for the Perfon or Perfons, Body Politic or Corporate, entitled to fuch Compenfation. Compenfation, or of his or their Executors or Administrators, shall be a fufficient Discharge or fufficient Difcharges to the faid Lord High Treasurer, or to the faid Commiffioners of His Majefty's Treafury, for the Money fo paid, or for so much thereof as fhall be therein expreffed to have been received.

laid out in PurLands, invefted

chafe of other

XLIII. And be it further enacted, That fo much of the Money Such Parts of to arife by the Sale or Sales of any Lands or Hereditaments fo Monies as are to be fold by any fuch Perfon or Perfons, Body Politic or Corporate, under the Authority of this Act, as fhall not be paid and applied by way of fuch Compenfation as aforefaid, or which fhall be payable or disposed of in as the Value of any Timber, Underwood, Bufhes and Thorns mean time acgrowing thereon, fhall be applied and difpofed of in fuch or the cording to Dilike manner, for the Benefit of the Perfon or Perfons, Body Po- rections in litic or Corporate, interested in fuch Monies refpectively, as by an 41 G. 3. (U.K.) A&t paffed in the Forty first Year of the Reign of His prefent c.109. Majefty, intituled An Ad for confolidating in One Act certain Provifions ufually inferted in Acts of Inclofure, and for facilitating the Mode of proving the feveral Facts ufually required on the paffing of fuch Ads, is directed in refpect of any Money to be paid for the Purchase or Exchange of any Lands, Tenements or Hereditaments, or of any Timber or Wood growing thereon, and which Money ought to be laid out in the Purchase of other Lands or Heredi taments, to be fettled to the fame Ufes as the Lands or Hereditaments fo fold or exchanged, or on which fuch Timber grew, were limited, fettled or affured.

• XLIV. And Whereas various Perfons have or claim to be entitled to Common of Eftovers for Firewood, to be had or taken in and from the Woods of certain of His Majefty's Forefts or late Forefts, to be used or confumed in the Dwelling Houfes, Cottages or Ancient Tenements, to which fuch Fuel Rights do appertain; and under Pretext of the Exercise of such Rights, great 54 GEO. III.

Τ

Depre

Depredations have been and do continue to be committed in His Majefty's Woods to the Timber and Trees growing therein; and it would tend greatly to the Prefervation of fuch Timber and Trees, if fuch Fuel Rights could be effectually extinguifhed: And Whereas many of the Owners or Proprietors of fuch Rights are willing and defirous to fell or commute the fame for an adequate Price or Confideration; and although it would be defirable to purchafe the fame for and on behalf of His Majefty, yet by reason that fuch Fuel Rights are in general of fmall Value, and held by many different Proprietors, and that the Tenements, to which fuch Rights are appurtenant, are in fome cafes in Settlement, and in others are held by Perfons who are under Difabilities, or incapable of making any valid Surrender or Extinguifhment of fuch Rights, and the fame cannot be furrendered to His Majefty, or extinguifhed, by any of the ordinary Modes of Conveyance, without great Expence; whereby the Purchase of fuch Rights is very much obftructed and impeded, and fuch Difficulties cannot be removed without the Aid of Parliament;' Be it therefore further Bodies Politic or enacted, That whenfoever the Commiffioners of His Majefty's Woods, Corporate, Forefts and Land Revenues, or the Surveyor General of His Majefty's Guardians, Woods, Forefts, Parks and Chafes, for the time being, fhall, with Committees and Trustees acting the Approbation of the Lord High Treasurer, or any Three of the for Perions un- Commiffioners of His Majefty's Treafury for the time being, conder Difabilities, tract and agree with any Perfon or Perfons, Body Politic or Corporate, for the Purchafe or Extinguifhment of any fuch Common of Eftovers or Fuel Rights as aforefaid, whether the Perfon fo contracting with the faid Commiffioners or the faid Surveyor General fhall be entitled thereto abfolutely or for any qualified or partial Eftate, or as the Hufband, Committee or Truftee of any Perfon or Perfons under any of the Incapacities or Disabilities hereinbefore mentioned, it shall and may be lawful to and for the faid Commiffioners of His Majefty's Woods, Forcfts and Land Revenues, or the faid Surveyor General for the time being, to pay the Price or Confideration for the Purchase of such Rights to the Perfon or Perfons, Body Politic or Corporate, fo contracting for the Sale thereof, or to apply and difpofe thereof in manner hereinafter mentioned; and fuch Perfon or Perfons fo contracting fhall thereupon give a Certificate of fuch Contract, and of the Payment of the Confideration Money for the Purchase of fuch Rights, which fhall be made according to the Form contained in the Schedule (C.) to this Act, or as near thereto as circumftances will permit; and upon Payment of fuch Sum of Money, and the figning fuch Certificate, all fuch Fuel Rights and Rights of Common of Eftovers for Firewood, as fhall be in or by every fuch Certificate, or any Schedule thereto, expreffed to be fold, releafed or extinguished, fhall from thenceforth and immediately thereupon become and be emerged and extinguished in the Freehold and Inheritance of the faid Woods, and be for ever thereafter vefted in His Majefty, his Heirs and Succeffors, in Right of His Crown, without any Bargain and Sale, Fine, Recovery, Deed or other Conveyance thereof whatsoever; any Statute, Custom, Law, Practice or Ufuage to the contrary thereof in any wife notwithstanding.

nabled to contract with Commiffioners of His Majesty's Woods, &c. for

Sale of Fuel
Rights.

Tenant for Life.

XLV. And be it further enacted, That if the Perfon or Perfons making fuch Sale or Sales fhall be only Tenant for Life or in Tail, or entitled only to fome qualified or partial Intereft therein, then the

Money

Money to be paid upon fuch Sale or Sales fhall be applied and difpofed of in fuch and the like manner as is directed by the faid

hereinbefore mentioned Act of the Forty first Year of His Majefty's 41 G. 3. (U.K.) Reign, with respect to any Monies which ought to be laid out in c. 109. § 30. the Purchase of Lands as herein before mentioned, or fhall be paid

to fome Trustees or Trustee legally authorized or empowered to receive the fame, by any Settlement, Will or Deed relating thereto;

and all fuch Certificates as aforefaid fhall be exempt from any Stamp Stamp Duty. Duty whatsoever.

XLVI. Provided nevertheless, and be it further enacted, That nothing herein contained fhall extend, or in any wife be conftrued to repeal, restrain, abridge, alter, prejudice or affect any Power or Powers given by any or either of the faid recited Acts of Parliament, or by any other Act or Acts of Parliament now fubfifting for the Sale or Exchange of any Manors, Lordships, Buildings, Lands, Manorial or other Rights, Rents, Tithes or Hereditaments belonging to His Majefty, or for leafing the fame; but all fuch Powers shall be and remain in full Force and Virtue; any thing herein contained to the contrary notwithstanding.

Provifo for Powers of Sale or Exchange given by any other Act.

XLVII. And Whereas by an Act paffed in the Fifty fecond 52 G. 3. c. 161. Year of His Majefty's Reign for enabling His Majefty to grant 7, 8. Leafes under certain circumftances, and for other Purposes therein

• mentioned, the Commiffioners of His Majefty's Woods, Forefts and Land Revenues, or the Surveyor General of His Majesty's Woods and Forefts for the time being, under the Authority of the Lord High Treasurer or the Lords Commiffioners of His Majesty's Treasury for the time being, are empowered to grant Leafes, under the Restrictions and Regulations therein mentioned, of certain Parts of the Royal Forefts, and of certain Purprestures and Encroachments within fuch Forefts: And Whereas no Provision is 'contained in the said last mentioned A&t for exempting fuch Leafes from Stamp Duty: And Whereas, in order to encourage Perfons to accept and take fuch Leafes, it is expedient that they should be rendered as little expensive to the Parties taking the fame as poffible;' Be it therefore enacted, That, from and after the paffing of this Act, Leafes granted no Lease or Leafes which fhall be made, granted or executed, under by virtue any of the Powers or Authorities of the faid recited Act of the thereof exempt Fifty fecond Year aforefaid, or any Counterpart or Counterparts of from Stamp any fuch Leafe or Leafes, fhall be fubject or liable to any Stamp Duty. Duty whatsoever imposed by any Act or Acts of Parliament now in force, nor to any Stamp Duty to be impofed by any future Act or Acts of Parliament, unlefs the fame be fpecially fubjected and fpecially charged in and by fuch future Act or Acts of Parliament.

SCHEDULE (A.) to which this Act refers.

FORM of Conveyance to His Majesty.

THESE are to Witness, That C.D. of the County of

of

in

in Confideration of the Sum
paid to him [or, them] by

the Commiffioners of His Majefty's Woods, Forefts and Land Revenues, [or, by the Surveyor General of His Majefty's Woods, Forefts, Parks and Chaces, as the cafe may be] on behalf of His faid Majefty, in full for the Purchase of the Lands and Hereditaments

hereinafter defcribed, Doth [or, do] by thefe Prefents grant, bargain and fell unto His Majefty, his Heirs and Succeffors, All that Parcel of Land [defcribing it], To have and To Hold the fame to His faid Majefty, his Heirs and Succeffors, in Right of His Crown for ever. In Witnefs whereof the faid C. D. hath [or, have] hereunto fet his Hand [or, their Hands] and Seal [or, Seals] this

Day of

in the Year of our Lord.

Witness to the Execution of the above

Conveyance by the faid C. D.

}

SCHEDULE (B.) to which this Act refers.

FORM of Certificate of Contracts made by the Commiffioners of His Majefty's Woods, Forefts and Land Revenues [or, the Surveyor General of the Land Revenue, as the cafe may be.]

By the Commiffioners of His Majefty's Woods, Forefts and
Lands Revenues, for, by the Surveyor General of His
Majefty's Woods, Forefts, Parks and Chaces, as the cafe may
be.]

THESE are to certify, That in purfuance of a Warrant from the
Right Honourable the Lords Commiffioners of His Majesty's Trea-
fury, bearing Date the
Day of

A. B. and C. D. Two of the Commiffioners of His Majefty's Woods, Forefts and Land Revenues, [or, the faid Surveyor General] for and on behalf of The King's Moft Excellent Majefty, have [or, hath] contracted and agreed with A. B. of

of

for the Sale to the faid A. B. of all [here defcribe the Premifes to be fold at or for the Price or Sum of lawful Money of Great Britain, to be paid by the faid A. B. into the Bank of England, and carried to the Account of the Commiffioners of His Majesty's Woods, Forefts and Land Revenues, being "The New Street Account," [or, "The Navy Timber Nursery Fund Account," [as the cafe fall be], [and in cafe of any fubfifting Leafe, then the following Words to be added] subject nevertheless to [here defcribing when and to whom fuch Leafe was granted, for what Term of Years or Lives, and when the Term will expire, or which of the Lives are in being] and from and immediately after the Payment of the faid Sum into the Bank in manner aforefaid, and the Inrolment of this Certificate and the Receipt for the faid Purchase Money in the Office of the Auditor of the Land Revenue for the County aforefaid, and thenceforth for ever the faid A. B. and his, [her, or their] Heirs, Succeffors or Affigns, fhall be adjudged, deemed and taken to be in the actual Seizin and Poffeffion of the faid Hereditaments and Premifes fo by him, [her, or them] purchafed, and fhall hold and enjoy the fame peaceably and quietly, freed and discharged from all Claims and Demands of His Majefty, his Heirs and Succeffors, or of any Perfon or Perfons claiming under him or them, and in as full and ample manner to all Intents and Purposes, as His Majefty, his Heirs or Succeffors, might or could have held or enjoyed the fame if such Sale had not been made. Given under their Hands [or, his Hand] this Day of in the Year of our

Lord

fence of

Signed by the above named

in the Pre

FORM

FORM OF RECEIPT.

RECEIVED the

from A. B. the Sum of

of and

Day of
of lawful Money of Great

Britain, being the Confideration Money expreffed in the above [or, within] written Certificate.

Witnefs my Hand,

For the Governor and Company of the Bank of England.

(Signed)

SCHEDULE (C.) to which this Act refers.

Cashier.

FORM of Certificate of Contract for the Purchase of Fuel Rights.

THESE are to certify, That the Commiffioners of His Majefty's Woods, Forefts and Land Revenues [or, the Surveyor General of His Majesty's Woods, Forefts, Parks and Chaces] have [or, hath] on the Part and Behalf of His Majefty, contracted and agreed with me [or, us] for the Purchase, Releafe, Surrender and Extinguishment, of the Quantity [or, feveral Quantities] of Fuel Wood, and all other Right [or, Rights] of Common of Eftovers for Fire Wood and Fuel, to be had and taken in and from the Woods of His faid Majefty, of and in the Foreft [or, late Foreft] of fituate in the County of for or in refpect of the Dwelling Houfe, Cottage, Ancient Tenement or Hereditaments [or, of the feveral Dwelling Houfes, Cottages, Ancient Tenements or Hereditaments] mentioned and described in the Shedule hereunder written, at or for the Price or Sum of

; which Sum the faid Commiffioners [or, Surveyor General] have [or, hath] paid for and on behalf of His Majefty, unto me [or, us] [or, into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of Chancery] being in full for the Purchase, Release or Extinguifhment of fuch Right [or, all fuch Rights] of Common of Eftovers for Fire Wood; which Right [or, all which Rights] fhall for ever hereafter be merged and extinguished in the Freehold and Inheritance of the faid Woods now vefted in His

Majefty in Right of His Crown. Witness their Hands [or, his
Hand] this
Day of

Signed by the above