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CROWN LANDS ACT 1853
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CAP. LVI.
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An Act to facilitate the Redemption of certain Charges on the Hereditary Possessions and Land Revenues of the Crown, and to make other Provisions in regard to the Management of such Hereditary Possessions and Land Revenues [4th August 1853.]
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‘WHEREAS under or by virtue of certain Letters Patent or Deeds, and ultimately by virtue of a certain Deed or Instrument in Writing dated the Fifth Day of June in the Thirtieth Year of the Reign of His late Majesty King Charles the Second, and by other Instruments or Ways and Means, the Hereditary Possessions and Land Revenues of the Crown in England, Wales, and the Isle of Man, now under the Management or Control of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, or certain Parts thereof, are charged with or liable to the Payment of divers perpetual Pensions or yearly Sums of Money: And whereas it is apprehended that it would be advantageous, not only to the said Hereditary Possessions and Land Revenues, but also to the Recipients of such of the said Pensions as do not amount to a larger annual Sum than Ten Pounds, if the Persons to whom the same are payable were empowered to make such Arrangements for the Sale of the same as are herein-after mentioned: And whereas the said Pensions, or some of them, are by virtue of the Deeds or Instruments granting or creating the same made payable on different Feast Days and other Days throughout the Year, and it is desirable that in future the whole of the said Pensions should become due and payable on Two certain Days of Payment only in each Year: And whereas the said Pensions or yearly Sums have been heretofore paid subject to Deductions on account of Land Tax and certain accustomed Fees, and it has been the Custom to pay such Pensions on the Tenth of October annually: And whereas it is expedient that such other Provisions in regard to the Management of the said Hereditary Possessions and Land Revenues of the Crown should be made as are herein-after contained:’ Be it therefore 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, as follows:
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The Recipients of Pensions not exceeding 10l. per Annum may, with the Consent of the Ecclesiastical Commissioners, sell the same to the Crown.
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I. Any Bishop, Rector, Vicar, or other Ecclesiastical Person or Collegiate Body for the Time being in the Receipt of any of the said Pensions which does not exceed the annual Sum of Ten Pounds may, with the Consent of the Ecclesiastical Commissioners for England, and of the Patron of any Living or Preferment in respect of which the same is payable, sell and convey, or enter into any Agreement, with the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, or either of them, for the Sale and Conveyance to Her Majesty, Her Heirs and Successors, of the same Pension, for such Price and subject to such Stipulations and Conditions as may be agreed upon; provided that in any Case when the Purchase Money shall exceed the Sum of One hundred Pounds the Purchase shall not be completed without the previous Authority of the Lord High Treasurer or the Commissioners of Her Majesty’s Treasury, to be signified by some Warrant under his or their Hand or Hands.
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On Payment of Purchase Money to the Ecclesiastical Commissioners, and Conveyance being made, Pensions purchased to be extinguished.
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II. The Purchase Money to be paid for any of the said Pensions shall be paid by the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues to the Ecclesiastical Commissioners for England, whose Receipt shall be a sufficient Discharge for the same, and on such Payment being made, and on the Execution by the Person for the Time being entitled to the Receipt of the Pension purchased of a Surrender or Conveyance to Her Majesty, Her Heirs or Successors, such Pension shall cease and be extinguished, and the said Hereditary Possessions and Land Revenues of the Crown shall be wholly and for ever freed and discharged therefrom: Provided always, that the Receipt of the Ecclesiastical Commissioners under their Corporate Seal for any such Purchase Money shall be sufficient Evidence of such Purchase Money having been paid to them, and of the Sale having been made with their Consent: Provided also, that when any such Deed of Surrender or Conveyance or Receipt shall have been enrolled, either by the Deposit of a Duplicate thereof or otherwise, in the Office of Land Revenue Records and Enrolments, the same Deed or Receipt, or an authenticated Copy of the Enrolment thereof, shall be admissible, in Evidence, without Proof of the Execution of such Deed or Receipt, and the Enrolment of such Deed shall also be conclusive Evidence that the Provisions of this Act have been complied with.
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Application of Purchase Money.
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III. The Ecclesiastical Commissioners shall, at their Discretion, apply the Purchase Money to be paid to them on any such Sale as aforesaid in any One or more of the following Modes; (namely,) in the Purchase of Three Pounds per Centum Consolidated Annuities or Three Pounds per Centum Reduced Annuities, or in the Purchase of Land of Freehold Tenure to be annexed or conveyed or otherwise appropriated to or for the Purposes of the Living, Preferment, or Collegiate Body in respect of or to which the Pension, was payable previously to the Purchase thereof, or in the Purchase or Redemption, of any existing Charges, Incumbrances on or Outgoings from the same Living or Preferment or the Property of such Collegiate Body, or in the substantial or permanent Improvement of the Parsonage House or Glebe Land or other Buildings or Land, annexed or belonging to or appropriated for the Use of any such Living, Preferment, or Collegiate Body: Provided also, that the Dividends or Interest on any such Stock and the Rents and Profits of any Land which may be so purchased as aforesaid shall belong and be paid to the Person or Persons or Collegiate Body who or which for the Time being would have been entitled to receive the Pension in case the same had not been extinguished: Provided also, that if in any Case the Purchase Money shall be laid out in the Purchase or Redemption of any such Charge, Incumbrance, or other Outgoing as aforesaid, the same shall not be kept on Foot, but shall be released or extinguished.
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Pensions to be come due and payable on 5th April and 10th October in each Year.
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IV. From and after the Tenth Day of October One thousand eight hundred and fifty three, the several Pensions or yearly Sums charged upon or payable in respect of any Part of the Hereditary Possessions and Land Revenues of the Crown in England, Wales, or the Isle of Man shall from Time to Time respectively become due hall-yearly, that is to say, on the Fifth Day of April and the Tenth Day of October in every Year only: and the Person who on any Fifth Day of April or Tenth Day of October shall be in possession of the Preferment, Appointment, or Office in respect of which any such Pension is payable shall be entitled to receive the whole net Amount of One Half Year’s Pension, after making all lawful Deduction, notwithstanding he may not have been in the Enjoyment of such Preferment, Appointment, or Office during the whole of such Half Year, and his Predecessor, or the Representatives of his Predecessor, shall not be entitled to any apportioned Part of the same Half Year’s Pension; and no Person to whom any half-yearly Payment of any such Pension as aforesaid shall fall due, or would, if this Act had not passed, have fallen due on any Day after the said Tenth Day of October One thousand eight hundred and fifty-three, and before the Fifth Day of April One thousand eight hundred and fifty-four, shall be entitled to receive on the said Fifth Day of April or at any other Time more than One Half Year’s Amount of such Pension.
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Provision for the Settlement of disputed Claims.
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V. The Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, or either of them, may, with the Consent of Her Majesty, Her Heirs and Successors, to be signified in Writing under the Royal Sign Manual, and of the Lord High Treasurer of the Commissioners of Her Majesty’s Treasury for the Time being, to be signified by Warrant under his or their Hand or Hands, make such Arrangements as may be from Time to Time considered expedient for the Adjustment or Settlement of any doubtful or disputed Rights or Claims of the Crown in or to any Real or Personal Property or any Forestal Right, the Management or Control whereof would, if such Rights or Claims were established in favour of the Crown, be vested in or devolve upon the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, and in making any such Arrangement it shall be lawful for the same Commissioners or either of them (with such Consents as aforesaid) either to give up or relinquish the Rights or Claims of the Crown to any Portion or Portions of any such Real or Personal Property or Forestal Right, or to accept on behalf of Her Majesty any Lands, Tenements, or Hereditaments, or any Sum or Sums of Money, in lieu and satisfaction of such Rights or Claims generally; and it shall also be lawful for the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues or either of them (with the like Consents) to enter into any Agreement for the Payment from Time to Time to any Person or Persons of any Rents or other Profits to be derived from, or any Purchase Monies to be received on account, of the Sale of, any such Real or Personal Property or Forestal Right as aforesaid, or any Portion thereof respectively; and any Person claiming to be entitled in possession, either for Life or for any greater Estate, and either at Law or in Equity, to the Rents and Profits or the Interest or Income or the Use and Enjoyment of any such Real or Personal Property or Forestal Right as aforesaid may enter into any Agreement with either of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues for any of the Purposes aforesaid; and when any Deed, Agreement, or Writing effecting or purporting to effect any such Arrangement as aforesaid shall have been enrolled in the Office of Land Revenue Records and Enrolments, the same shall be binding and conclusive on all Parties in anywise interested or claiming to be interested, and such Enrolment shall be sufficient Evidence of the Arrangement purported to be effected by any such Deed or Writing, being authorized by this Act, and of the Provisions of this Act having been complied with. When it shall be made to appear to the Lord High Treasurer or the Commissioners of Her Majesty’s Treasury that any Debt or Sum or Sums of Money due or claimed to be due either to the Capital or to the Income of the Hereditary Land Revenues of the Crown under the Management or Control of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues is or are irrecoverable, either in whole or in part, or that it is inexpedient to take Proceedings for the Recovery of the same or of any Part thereof, it shall be lawful for the Lord High Treasurer or the Commissioners of Her Majesty’s Treasury for the Time, being, from Time to Time, by any Order under his or their Hand or Hands, to direct that such Debt or Sum or Sums of Money shall, either in whole or in part, be released or discharged, either absolutely or subject, to such Conditions as may be thought expedient; and any such Order shall, when enrolled in the Office of Land Revenue Records and Enrolments, either by the Deposit of a Duplicate thereof or otherwise, if the same shall relate to the Hereditary Possessions and Land Revenues of the Crown in England and Wales, or if the same shall relate to the Hereditary Possessions and Land Revenues of the Crown in Ireland, when the same shall be enrolled in pursuance of the Provisions to that Effect contained in an Act passed in the Session of Parliament held in the Tenth Year of the Reign of His late Majesty King George the Fourth, Chapter Fifty, be binding and conclusive: Provided always that no Debt, Sum or Sums of Money, due to the Capital of the Land Revenue of the Crown, shall be released or discharged without the Consent of Her Majesty, Her Heirs or Successors, to be from Time to Time signified in Writing under the Royal Sign Manual: provided also, that when any Proceedings at Law or in Equity shall have been commenced by Her Majesty’s Attorney General for England or Ireland, as the Case may be, for the Purpose of establishing the Title of Her Majesty to or recovering any such Real or Personal Property or Forestal Right, or such Debt or Sum of Money, as aforesaid, or when any Petition of Right shall have, been presented to Her Majesty or Her Heirs or Successors touching or concerning any Real or Personal Property or Forestal Right of or to which Her Majesty, Her Heirs or Successors, may claim to be seised or entitled, any Arrangement for the Settlement of the Matter in difference, or any such Discharge as aforesaid, shall be subject to the Approval of the Attorney General for the Time being of England or Ireland, as the Case may be.
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Deeds enrolled in Land Revenue Record Office not to require Enrolment in Courts of Law, &c.
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VI. ‘And whereas, under the Provisions of the Act passed in the Fifty-third Year of the Reign of His late Majesty King George the Third, Chapter One hundred and twenty-one, and of the Act passed in the Second Year of the Reign of His late Majesty King William the Fourth, Chapter One, any Deed, whereby any Lands or Hereditaments may be mortgaged, purchased, sold, exchanged, leased, or demised, under the Authority of the first-mentioned Act, is, when enrolled in the Office of the Land Revenue Records and Enrolments, and entered in the Office of the Commissioners of Woods, Forests, and Land Revenues, as good and available as if the same had been enrolled in any of the Courts at Westminster, or as if a Memorial had been registered in the Office appointed for registering Deeds: and it is expedient that the Provisions of the other Acts of Parliament relating to the Enrolment of the Deeds affecting the Hereditary Possessions and Land Revenues of the Crown should in manner and as far as herein-after mentioned be assimilated to the Provisions of the said Acts, Chapter One hundred and twenty-one and Chapter One:’ Be it therefore enacted, That any Deed, Instrument, or Writing to which either of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, or the Commissioners of Her Majesty’s Works and Public Buildings, or either of them, is a Party, or which is signed by either of them the said Commissioners, or which may in any Manner affect or relate to any Part of the Hereditary Possessions and Land Revenues of the Crown, or any other Lands, Tenements, or Hereditaments for the Time being under the Management or Control of the same Commissioners or either of them, situate or being in England or Wales, shall, when enrolled in the Office of Land Revenue Records and Enrolments, without any Enrolment or Acknowledgment thereof in any Court or Courts of Law or Equity, and without any Registration thereof, be as good and available and of the like Force and Effect, in all respects, and to all Intents and Purposes, as if the same had been or was enrolled in any of Her Majesty’s Courts at Westminster, or as if a Memorial had been entered or registered in the Office appointed for registering Deeds in the County or Counties in which the same Possessions, Land Revenues, Lands, Tenements, or Hereditaments, or any of them, are situate, any Act, Law, Practice, or Usage to the contrary in anywise notwithstanding.
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Form of Conveyance of W.H. Whites Fee-farm Rents.
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VII. ‘And whereas, under and by virtue of the Fourteenth, Fifteenth, Sixteenth, and Nineteenth Sections of the Act of Parliament passed in the Session of Parliament held in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, Chapter Ninety-seven, and divers subsequent Acts of Parliament, the Parts still remaining unsold of certain Rents heretofore Crown Rents, Chief Rents, Fee Farm and Quit Rents, and other Rents, formerly the Property of William Henry White deceased, in the said Act of the Fifty-seventh Year of King George the Third more particularly mentioned, are now vested in the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, in trust to sell and dispose thereof in manner in the said Act of the Fifty-seventh Year of King George the Third directed: And whereas it is considered expedient that the Course of Proceeding in regard to the Sale of the said Rents, and the Form of Conveyance thereof, should be respectively assimilated to the Course of Proceeding and Form of Conveyance of other Fee Farm or other dry or unimprovable Rents under the Management or Control of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, and for that Purpose that the said Rents formerly the Property of the said William Henry White should be vested in Her Majesty, Her Heirs and Successors, and be from Time to Time managed and sold by the said Commissioners in like Manner as such other Rents as aforesaid:’ Be it therefore enacted, That from and after the passing of this Act all such and such Parts of all the Rents which were formerly Crown Rents, Chief Rents, Fee Farm Quit Rents, and other Rents, formerly the Property of the said William Henry White, remaining unsold, which by virtue of the Enactment herein-before recited or referred to are now vested or expressed to be vested in the Commissioners of Her Mejesty’s Woods, Forests, and Land Revenues for the Time being, shall henceforth become and be vested in Her Majesty, Her Heirs and Successors, as if the same were Part of the Hereditary Possessions and Land Revenues of the Crown under the Management or Control of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, and shall be from Time to Time recoverable, dealt with, and be subject to be sold in like Manner and by the same Forms of Proceeding and Conveyance generally as other Parts of the said Possessions and Land Revenues under the Management or Control of the same Commissioners or either of them: Provided always, that it any Surplus shall remain from the Sale of the said Rents after the Debt in the said Act of the Fifty-seventh Years of King George the Third mentioned to be due from the said William.
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Not so extend to Scotland.
Henry White to the Crown shall be fully satisfied and discharged, such Surplus shall be paid over to the Heirs or Assigns of the said William Henry White.
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VIII. That this Act shall not extend to Scotland.
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