Crown Lands Act 1845
CROWN LANDS ACT 1845 | ||
CAP. XCIX. | ||
An Act to amend an Act of the Tenth Year of His late Majesty King George the Fourth, for consolidating and amending the Laws relating to the Management and Improvement of His Majesty’s Woods, Forests, Parks, and Chases; and other Purposes relating to the said Land Revenue. [4th August 1845.] | ||
10 G 4. c. 50. | ||
2 & 3 W. 4. c. 1. | ||
3 & 4 W. 4. c. 69. | ||
Commissioners of Woods, &c. may demise or lease any Portion of the Shore of the Sea or navigable Rivers or Lands derelict or gained from the Sea, or hereafter to become so, for any Term not exceeding 99 Years, where Lessee shall covenant to embank or to construct Docks, &c. thereon. | ||
‘WHEREAS by an Act passed in the Tenth Year of the Reign of His Majesty King George the Fourth, intituled An Act to consolidate and amend the Laws relating to the Management 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, it was (amongst other things) enacted, that it should be lawful for the Commissioners for the Time being of His Majesty’s Woods, Forests, and Land Revenues, as therein is mentioned, from Time to Time demise and lease, or to enter into any Contract or Agreement for demising and leasing, any Part or Parts of the Possessions and Land Revenues of the Crown to which the now reciting Act related, to any Person or Persons, or Body or Bodies Politic, Corporate, or Collegiate, for any Term not exceeding Ninety-nine Years from the Time of making such Lease or Agreement; (that is to say,) amongst other Hereditaments, of Land or Ground proper for the Erection of any Houses or other Buildings thereupon, with or without Gardens, Yards, Curtilages, and other Appurtenances to be used therewith, and where the Lessee or intended Lessee should covenant or agree to erect a Building or Buildings thereon of greater yearly Value than such Land or Ground; and it was further enacted, that in every Lease to be granted under the Power therein-before given there should be reserved and made payable, during the whole of the Term thereby granted, such clear yearly Rent as to the said Commissioners for the Time being of His Majesty’s Woods, Forests, and Land Revenues should appear a reasonable Rent or Consideration for such Lease, without taking any Fine for the same, except as therein-before mentioned; and it was further enacted, that in any Lease to be granted, under any of the Powers therein-before given, of any Land or Ground, Tenements, or Hereditaments, where, at the Time of granting such Lease, (or, if such Lease should be granted in pursuance of a previous Agreement, at the Time when such Agreement should have been made,) there should not be any substantial Building or Buildings upon the Land or Ground to be demised, and the Lessee or Lessees should agree to erect on such Land or Ground any Building or Buildings of greater yearly Value than the Land or Ground demised or agreed to be demised, it should be lawful to reserve, during any Period not exceeding the first Three Years of the Term thereby granted, a nominal Rent or such other Rent only as to the said Commissioners for the Time being of His Majesty’s Woods, Forests, and Land Revenues should seem fit; and it was also further enacted, that before the making or entering into any Agreement for making any Lease by the said Commissioners of His Majesty’s Woods, Forests, and Land Revenues, under the Powers therein-before contained, a Survey of the Part or Parts of the Possessions and Land Revenues of the Crown proposed to be leased, where the same should be capable of such Survey, and an Estimate of the Value thereof, should be taken and made as in the said Act is mentioned: And whereas by an Act passed in the Second Year of the Reign of His late Majesty King William the Fourth, intituled An Act for uniting the Office of 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, it was enacted, That the Persons to be appointed as therein mentioned, and their Successors, should be called “The Commissioners of His Majesty’s Woods, Forests, Land Revenues, Works, and Buildings,” and that 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, were named or mentioned, should apply to the Commissioners for the Time being of His Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, so to be appointed as therein mentioned, as if such last-mentioned Commissioners had been originally named 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: And whereas an Act was passed in the Third and Fourth Year of the Reign of His late Majesty King William the Fourth, intituled An Act to extend and enlarge, the Powers of the Commissioners of His Majesty’s Woods, Forests, Land Revenues, Works, and Buildings in relation to the Management and Disposition of the Land Revenue of the Crown in Scotland: And whereas it is expedient that the said Powers of leasing contained in the said recited Acts should be altered and extended:’ Be it enacted by the Queen’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 from and after the passing of this Act, in the Execution of the Powers of leasing or agreeing to lease in the said recited Acts contained of any Land or Ground by the said Acts authorized to be leased for any Term not exceeding Ninety-nine Years, it shall be lawful for the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, for the Time being, to demise and lease, or to enter into any Contract or Agreement for demising and leasing, all the Estate, Right, Title, and Interest of Her Majesty, Her Heirs and Successors, in right of Her Crown, of and in any Portions of the Shore of the Sea or any Arms thereof, or of navigable Rivers or Lands, derelict or gained, or which may hereafter become derelict or be gained, from the Sea or any Arms thereof, or navigable Rivers, as by the said recited Acts is provided with regard to Land or Ground thereby authorized to be leased for any Term not exceeding Ninety-nine Years as aforesaid, except that when the Lessee or Lessees shall covenant and agree to make any Embankments, or do other Acts, in the Opinion of the said Commissioners necessary or expedient for the reclaiming any such Land, or to construct or erect Wharfs, Docks, or other Works thereon or on any Part thereof, to the Satisfaction of the said Commissioners and for the permanent Improvement of the Value of the said Land, it shall not be necessary that such Lessee or Lessees should agree or enter into any Contract to erect on such Land, or any Part thereof, any Building or Buildings, other than and except as aforesaid. |