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CROWN LANDS ACT 1845
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CAP. XCIX.
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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.]
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10 G 4. c. 50.
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2 & 3 W. 4. c. 1.
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3 & 4 W. 4. c. 69.
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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.
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‘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.
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When any Persons have crected Buildings on Crown Lands in Ignorance of Title of the Crown, Commissioners to grant such Leases as by recited Acts is provided with reference only to Value of Land as Building Ground.
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II. And be it enacted, That when any Leases shall be granted or Agreements entered into after the passing of this Act, in pursuance of the Powers in the said recited Acts or this Act contained, of any Land or Ground, and whereon or on any Part whereof any Person or Persons to whom any such Leases may be granted, or with whom any such Agreements may be entered into, may have erected any Buildings which in the Opinion of the said Commissioners were erected in Ignorance of the Crown’s Title to such Land, then such Leases may be granted or Agreements entered into in all respects as by the said recited Acts is provided, but without reference to or taking into consideration the Value of the Buildings so erected, and with reference only to the Value of the Land for Building Ground, either at the Time of the Erection of such Buildings, or at the Time of granting the said Lease, or of entering into the said Agreement, as the said Commissioners may think fit.
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Leases heretofore granted of Ground intended to he applied for Building Purposes, reserving different Rents for different Portions of the Term, instead of one uniform Rent, confirmed.
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III. ‘And whereas, in the Execution of the Powers of granting Leases in the said first-recited Act contained, Leases have from Time to Time been granted of certain Parcels of Ground intended to be applied for Building Purposes; and by reason that the ultimate Value could only be ascertained and realized after a long Period, instead of one uniform Rent having been reserved in respect thereof during the whole Term of the Lease so granted as aforesaid, different Rents for different Portions of the Term for which such Leases were granted have been reserved therefore, as being the most beneficial Mode of disposing of such Ground for Building Purposes; and inasmuch as Doubts may be entertained as to the Validity of such Leases, by reason of such varying Amount in the Rents reserved, instead of one uniform Rent during the Term granted, it is expedient that such Doubts should be removed;’ now therefore be it enacted, That all such Leases so granted as aforesaid, so far as regards any Doubts which may arise with respect to any such Reservation of Rent us aforesaid, shall be as from the making thereof absolutely confirmed, and shall be taken to have been made within the Powers of the said first-mentioned Act contained, any thing therein to the contrary notwithstanding.
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Commissioners, in future Exercise of Powers given of granting Leases for 99 Years, to reserve either one uniform Rent, or separate Rents for separate Parts of the Term.
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IV. And be it enacted, That from and after the passing of this Act, in the Exercise of the Powers in the said first-recited Act or in this Act contained with regard to Ground authorized to be let or agreed to be let for any Term not exceeding Ninety-nine Years for Building Purposes, where the Lessee or Lessees shall agree to erect Buildings thereon, or otherwise, as herein-before mentioned, or on any Part thereof, the said Commissioners may, if they shall think fit, either reserve one uniform Rent in respect thereof, or may reserve separate Rents for separate Parts of the Term demised or agreed to be demised, varying in such Manner as may be determined on by the said Commissioners for the Time being, instead of one uniform Rent during the said Term; but all and every the Leases or Agreements for Leases by the said Act or this Act authorized to be granted or entered into shall in all respects be made and entered into in the Manner and subject in all respects as by the said first-recited Act is provided, except as far as the Terms and Provisions of the said first-recited Act, as to the granting and making such Leases and Agreements as aforesaid, are hereby altered or extended.
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Where any Licence or Waiver of Forfeiture reserved in any Lease of the Land Revenues of the Crown shall be given by the Commissioners, such Licence, &c. shall extend only to the Breach of the particular Covenant, and not prevent Proceeding for subsequent Breach.
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V. And be it enacted, That where any Licence or Waiver of any Forfeiture or Power of Re-entry reserved in any Lease heretofore granted or hereafter to be granted of the Possessions or Land Revenues of the Crown shall at any Time after the passing of this Act be given by the said Commissioners or any Two of them, (which they are hereby authorized to do, by any Memorandum in Writing, without Stamp,) every such Licence or Waiver shall, unless otherwise expressed, only extend to the actual Breach of the particular Covenant or Condition in respect of which the same is given, or to any specific Breach of any Proviso or Covenant made or to be made, but not so as to prevent any Proceeding for any subsequent Breach or Omission (unless otherwise specified in such Licence), or to the actual Assignment, Underlease, or other Matter thereby specifically authorized to be done; and all Rights under Covenants and Powers of Forfeiture and Re-entry in the Lease contained shall remain in full force and virtue, and shall be available as against any subsequent Breach of Covenant or Condition, Assignment, Under-lease, or other Matter not specifically authorized or made dispunishable by such Licence or Waiver, in the same Manner as if no such Licence or Waiver had been given; and the Condition or Right of Re-entry shall be and remain in all respects as if such Licence or Waiver had not been given, except in respect of the particular Matter waived or authorized to be done or omitted.
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Commissioners may accept a Surrender of any Lease, and grant separate Leases of the Hereditaments so surrendered, and apportion the Rent reserved by the surrendered Lease;
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VI. And be it enacted, That it shall be lawful for the said Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings for the Time being, in the Execution of the Powers contained in the said Act passed in the Tenth Year of King George the Fourth, to accept a Surrender of any Lease of any of the Possessions or Land Revenues of the Crown, and to grant separate Leases of the Hereditaments so surrendered, for the Residue of the Term for which such surrendered Hereditaments were held, and to apportion the Rent reserved in or by any such surrendered Lease, as they shall think fit; and any Leases which may heretofore have been made on any such Surrender as aforesaid, and which might have been made if this Act had passed, are (so far as relates to any Question as to the Validity of any such Surrender and Re-grant) hereby confirmed.
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and whenever a Surrender shall be made for the Purpose of taking a new Lease, the new Lease shall be taken to be a Renewal of the surrended Lease.
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VII. And be it enacted, That whenever a Surrender shall be made of any existing Lease, for the Purpose of taking a new Lease or Leases by virtue of this Act, the new Lease or Leases shall be taken to be a Renewal of the surrendered Lease, within the Scope and Meaning of the Sixth Section of an Act passed in the Fourth Year of the Reign of King George the Second, intituled An Act for the more effectual preventing Frauds committed by Tenants, and for the more easy Recovery of Rents and Renewal of Leases, so far as to render unnecessary the Surrender of any Under-leases previously to the granting of such new Lease or Leases and to give full Effect to such new Lease in all respects, notwithstanding any Under-lease or Under-leases may not be surrendered.
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Commissioners may relieve Tenants from Forfeiture by reason of Non-compliance with their Covenants to insure Buildings in Names of the Commissioners for the Time being;
and may designate in Writing any Persons in whose Names such Insurance is to be made instead of the Names of the Commissioners;
or any such Insurance may be made in Name of Commissioners of Woods, &c. as if they were a Corporation, or jointly in such Name
and the Names of any other Persons;
and such an Insurance shall be deemed a Compliance with the Covenant.
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VIII. ‘And whereas in many of the Lenses of Crown Lands there is contained a Covenant on the Part of the Lessee to insure the Buildings therein against Fire in the Names of the Commissioners for the Time being of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, and in many Cases such Covenants have not been strictly observed, by reason of the Changes of the said Commissioners, or otherwise; and it is expedient that the Lessees should be relieved from the Forfeiture incurred by such Non-observance of Covenants, and that some Provision should be made for facilitating the due Observance thereof in future;’ be it enacted, That where in any Lease heretofore made, or which shall at any Time hereafter be made, in pursuance of the Powers in the said Act of the Tenth Year of King George the Fourth or in this Act contained, there shall be contained a Covenant on the Part of the Lessee to insure against Fire the Buildings erected, or the Hereditaments therein comprised, it shall be lawful for the said Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings for the Time being, or any Two of them, at their Discretion, to release by Licence or Waiver, as herein-before is provided, the Tenant or Lessee from any such Covenant, whether Default has been made in the same or not, or for any particular Breach thereof; and where any such Insurance is covenanted to be made in the Names of the said Commissioners of Her Majesty-s Woods, Forests, Land Revenues, Works, and Buildings for the Time being, or in the joint Names of the same Commissioners and any other Person or Persons, or otherwise, it shall be lawful for the said Commissioners for the Time being, or any Two of them, at their Discretion, to designate in Writing any Person or Persons in whose Name or Names such Insurance is to be made in lieu of the Names of the said Commissioners for the Time being; and the Name or Names of such Person or Persons shall be in all respects equivalent to the Names of the said Commissioners for the Time being, for the Purposes of any such Insurance and Covenant, and shall so continue until such Designation as aforesaid shall be revoked in Writing, and a new Person or Persons appointed for the Purposes aforesaid by the said Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings for the Time being, or any Two of them; or any such Insurance may be made in the Name of the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, as if they were a Corporation, or jointly in such Name, and in the Name or Names of any other Person or Persons; and the Commissioners aforesaid, from Time to Time, by the Name of the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, alone or jointly with any other Person or Persons, as the Case may be, shall sue and recover and receive under any Policy so effected as aforesaid, in all respects by such Name as aforesaid, and as if they were incorporated by such Name; and any Insurance made in the Name or Names of the Person or Persons so nominated as aforesaid, either solely or jointly with any other Person or Persons (as the Case may be), or in the Name of the said Commissioners as aforesaid, and either jointly or solely as aforesaid, and as the said Commissioners for the Time being, or any Two of them, shall direct, shall be and be deemed to all Intents und Purposes a Compliance with and Performance of any Covenant already entered into, or hereafter to be entered into, to insure in the Names of the said Commissioners for the Time being, either solely or jointly with any other Person or Persons, or otherwise.
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Where a Tenant of Crown Lands has transferred or may hereafter transfer any Stock for Redemption or Purchase of Land Tax on such Lands in ignorance of the Exception in 38 G. 3., the Commissioners may transfer to such Tenant so much Stock as shall be a Compensation for the Stock transferred by such Tenant.
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IX. ‘And whereas by the Act of the Thirty-eighth Year of His late Majesty King George the Third, for the Redemption of the Land Tax, the Tenants of Crown Lands were excepted from the general Preference in purchasing or redeeming the Land Tax therein given to Persons having any Estate or Interest in Lands or Hereditaments wherein any Land Tax was chargeable: And whereas by the Act of the Forty-second Year of the Reign of His said Majesty King George the Third, for making further Provisions for the Redemption of the Land Tax, after mentioning that it might have happened that Tenants or Lessees of Crown Lands had redeemed the Land Tax charged thereon, and had transferred the Consideration for the Redemption thereof as if they had been empowered to contract for the same, it was by the last-mentioned Act provided that it should be lawful for the Lord High Treasurer, or the Commissioners of Her Majesty’s Treasury, for the Time being, in all such Cases to cause to be transferred to any such Lessees or Tenants so much Capital Stock as should be equivalent in Amount to the Stock transferred by such Lessees or Tenants for the Redemption of such Land Tax which ought not to have been contracted for, and thereupon His Majesty, His Heirs and Successors, should be entitled to the Benefit of such Land Tax: And whereas by the aforesaid Act of the Tenth Year of His late Majesty King George the Fourth it was enacted, that it should be lawful for the said Commissioners for the Time being of His Majesty’s Woods, Forests, and Land Revenues to redeem the Land Tax charged on any Part of the Possessions of the Crown, and to purchase any Land Tax on any Part thereof which might have been redeemed or should be redeemed by any other Person or Persons, but such Provision was not to authorize any Person or Persons to purchase or redeem the Land Tax charged on any Crown Lands contrary to the Provisions of the said Act of the Forty-second Year of King George the Third: And whereas Lessees or Tenants of Crown Lands may have entered into, or may hereafter enter into, Contracts for the Purchase or Redemption of the Land Tax on such Lands, and may have transferred or may transfer to the Commissioners for the Reduction of the National Debt Sums of Three per Centum Bank Annuities, as the Consideration for the Purchase or Redemption of such Land Tax, in Ignorance of the Exception in the said Act of the Thirty-eighth Year of the Reign of His said Majesty King George the Third, herein-before referred to; and it is expedient that the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings for the Time being should be empowered to reimburse such Tenants or Lessees, their Executors, Administrators, or Assigns, as after mentioned, and that thereupon such Crown Lands as aforesaid should become exempt from Land Tax;’ be it therefore enacted, That in any Case where any Tenant or Lessee of any Part of the Possessions of the Crown to which the said Act of the Tenth Year of King George the Fourth or this Act relates shall have transferred, or at any Time hereafter shall transfer, any Sum or Sums of Stock into the Names of the Commissioners for the Reduction of the National Debt, for the Purpose of purchasing or redeeming the Land Tax on the Crown Lands of which such Person was or shall be such Tenant or Lessee, and such attempted Purchase or Redemption shall be invalid or doubtful under the aforesaid Provision of the said Act of the Thirty-eighth Year of King George the Third, it shall be lawful for the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings for the Time being, with the Consent in Writing of the Lord High Treasurer for the Time being, or of any Three of the Commissioners of Her Majesty’s Treasury for the Time beings by and out annual Income of the Land Revenues of the Crown, to purchase and cause to be transferred to any such Lessee or Tenant as aforesaid, his Executors, Administrators, or Assigns, so much Stock as, under all the Circumstances of the Case, shall, in the Judgment of the said Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, be a due Compensation for the Stock so transferred by such Tenant or Lessee; and upon the Execution by the Party to whom such Stock shall be so transferred of an Instrument in Writing acknowledging the Transfer thereof (to be enrolled in the Office of Land Revenue Records and Enrolments) the Lands on which the Land Tax shall have been so attempted to be purchased or redeemed by such Tenant or Lessee as aforesaid shall become and be absolutely freed and discharged of and from the Payment of the Land Tax, all Arrears thereof: Provided always, that during the Continuance or, and Estate of any such Tenant or Lessee, his Executors, Administrate of the Assigns, by whom such attempted Purchase or Redemption of Lands, or aforesaid shall have been made, Her Majesty, Her Heirs and Successors, shall have and be entitled to a Rent-charge to be issuing out of such Lands the Land Tax whereof shall have been so redeemed, equal in Amount to the Land Tax redeemed; and such Rent shall be payable yearly, and shall be recovered by Distress as in case of Rent reserved on Lease.
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Such Parts of an Estate near Millbank, Westminster, now vested in Her Majesty, as have not been required for Purposes of the Penitentiary to be under the Management of Commissioners of Woods, &c. as Part of Land Revenues of the Crown;
and Grants, &c. already made confirmed.
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X. ‘And whereas it is expedient that such Parts of an Estate situate at or near Millbank in the City of Westminster and County of Middlesex, and now vested in Her Majesty, Her Heirs and Successors, as have not been required for the Purposes of the Penitentiary at Millbank, should be let on Building Leases, or otherwise advantageously disposed of;’ be it therefore enacted, That such Parts of the said Estate and Hereditaments at Millbank aforesaid as have not been used for the Purpose of the said Penitentiary shall be under the Management of the Commissioners of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings for the Time being, in like Manner in all respects as the Possession and Land Revenues of the Crown to which the said Act of the Tenth Year of King George the Fourth relates are under the Management of the same Commissioners under or by virtue of the last-mentioned Act, or any other Act or Acts now made or hereafter to be made; and the said Hereditaments; shall be taken and considered as Part of the Possessions and Land Revenues of the Crown to which the said Act of the Tenth Year of the Reign of His late Majesty King George the Fourth relates; and every, Grant, Leases or, Agreement of such Parts of the said Hereditaments, already made or entered into by the said last-mentioned Commissioners, is hereby confirmed, in all respects as if the same had been made or entered into after the passing of this Act.
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Commissioners of Woods, &c. empowered to purchase the Grapes Tavern at Kensington, for the Purpose of Improvements.
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XI. ‘And whereas an Act was passed in the Fifth Year of the Reign of Her present Majesty, intituled An Act to authorize Her Majesty’s Commissioners of Woods to grant Building Leases of the Royal Kitchen Garden at Kensington, and to form and improve other Royal Gardens; and to enable the said Commissioners to purchase Lands of Copyhold or Customary Tenure: And whereas another Act was passed in the Fifth Year of the Reign of Her present Majesty (Session 2), intituled An Act to empower the Commissioners of Her Majesty’s Woods to form a new Opening from the Knightsbridge Road into Hyde Park, and a new Opening from High Street, Kensington, into an intended new Road across the Palace Green, and for annexing a Piece of extra-parochial Ground in the Royal Garden to the respective Parishes of Saint Mary Abbots Kensington and Saint Mary Paddington in several Portions: And whereas the Opening from High Street, Kensington, into the new Road across the Palace Green, contemplated by the last-mentioned Act, has been made, but the same being narrow and confined it is desirable and expedient that such Opening should be widened and enlarged;’ be it enacted, That it shall be lawful for the Commissioners for the Time being of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, for and on behalf of Her Majesty, and they are hereby empowered, with the Consent and Approbation of the Lord High Treasurer, or the Commissioners for executing the Office of Lord High Treasurer of the United Kingdom, or any Three or more of them, to purchase a certain Piece or Parcel of Ground, Messuage or Tenement, and Buildings, with the Appurtenances, situate on the North Side of High Street, Kensington, in the County of Middlesex, known as the Grapes Tavern, and all subsisting Terms, Estates, Charges, and Interests therein, and to pull down such Buildings when so purchased, and to appropriate the Site thereof, or any Part thereof, towards widening the said Entrance or Approach from High Street, Kensington, aforesaid, into the new Road across the Palace Green aforesaid.
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Powers in 10 G. 4. c. 50. (as far as applicable) to extend to the said Premises.
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XII. And be it enacted, That all the Powers and Provisions contained in the herein-before recited Act of the Tenth Year of the Reign of His late Majesty King George the Fourth, with reference to Contracts and Sales to be made to and with His Majesty, His Heirs and Successors, or to and with the Commissioners of His Majesty’s Woods, Forests, and Land Revenues, on behalf of Her Majesty, shall, so far as the same are applicable, extend and apply to the said Piece or Parcel of Ground, Messuage, and Buildings, with the Appurtenances, known as the Grapes Tavern, at Kensington aforesaid, and to the Owners or Occupiers thereof, or other Parties in anywise interested therein; and all the Provisions in the said Act as regards Stamps shall apply to this Act: Provided always, that nothing herein contained shall authorize the said Commissioners to take or use the said last-mentioned Premises against the Consent of the Parties interested therein, and by the Act last herein-before mentioned authorized and empowered to convey the same.
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All Monies paid by the Commissioners for said Premises, and for Purchase of Houses in High Street, Kensington, described in Schedule to 5 & 6 Vict c. 19.., and Costs of forming Roads, &c., to be recouped to Commissioners before any Surplus shall be applicable for Purposes of that Act.
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XIII. And be it declared and enacted, That all Monies paid or to be paid by thee said Commissioners for the Time being of Her Majesty’s Woods, Forests, Land Revenues, Works, and Buildings, for or incident to the Purchase of the Grapes Tavern, with its Appurtenances, aforesaid, all Monies paid or to be paid by the said Commissioners for or incident to the Purchase of the Houses and Hereditaments in High Street, Kensington, aforesaid, described in the Schedule to the herein-before, recited Act of the Fifth Year of the Reign of Her present M (Session 2), and also all the Costs and Expenses incurred or to be in by the said Commissioners in forming and completing Roads or S upon or across or otherwise in appropriating and adapting for Building Purposes the Ground at or near Kensington, mentioned in the Scl to the heroin-before first-recited Act of the Fifth Year of the Re Her present Majesty, shall be taken into account, and recouped I Funds or Property under the Charge of the said Commissioners for Time being of Her Majesty’s Woods, Forests, Land Revenues, V and Buildings, before any Surplus shall be deemed to have arise become applicable for the Purposes mentioned in the said last herein-before mentioned Act of the Fifth Year of the Reign of Her p Majesty.
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