Timber Act 1735
TIMBER ACT 1735 | ||
CHAP. VII. | ||
An Act for encouraging the planting of timber trees. | ||
If tenant for life or tail, remainder over, plant timber, their executors or administrators intitled to a moiety, | ||
except in avenue to a mansion house, or garden walks, | ||
by taking out of Chancery in a year a writ to the sheriff to inquire the value by a jury, | ||
giving remainder man or guardians 15 days notice, if in the county: if not, as directed by Chancery. | ||
the value returned into Chancery, first day of next term, | ||
Sheriff’s fees 13 s. 4d. | ||
on motion in Chancery in said term, and proof of fraud, new inquiry | ||
but if no complaint, or disallowed, &c. on motion (of which 15 days notice to him in remainder) a moiety decreed; | ||
which when inrolled, shall charge the estate as a judgment does, and bear interest. | ||
Copy of inrolment evidence. | ||
said moiety assets. | ||
WHEREAS persons seized of estates for life, with remainders over, have often improved their estates by planting of timber trees: and whereas the benefit of such improvements by the laws now in being descends intirely to the person next in reversion or remainder, without any consideration had for such improvement, to the frequent impoverishment of younger children and ruin of creditors: and whereas tenants in tail, who have in their life time made such improvements, often dye without docking the intail; by which means the said improvements descend in the same manner as the improvements made by tenants for life: and whereas many are hereby greatly discouraged from planting timber-trees, to the manifest prejudice of the kingdom: to remedy therefore the said mischiefs, and to encourage tenants for life and in tail to plant timber-trees; be it enacted by the King’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 if any person seized of an estate for life, or in tail, with a remainder or remainders over, shall in his life-time plant on his said estate oak, ash, elm, fir, or any other timber-tree, in every such case the executor or executors, administrator or administrators, of such tenant for life, or tenant in tail, shall be intitled to the moiety of such trees, except they shall be planted for ornament or shelter in any avenue leading to the mansion house, or in the walks of any garden belonging to the mansion-house, of such tenant for life, or tenant in tail; to be recovered from the person in possession of the estate by virtue of such remainder, in manner following: (viz.) the said executors or administrators shall within one year after the death of the said tenant for life, or tenant in tail, take out of the high court of Chancery a writ of inquiry, directed to the Sheriff of the county where such trees stand and grow, for the sealing of which writ shall be paid one shilling, and no more, impowering the said sheriff within one and twenty days after the receipt of the said writ to inquire by a jury, (having first given the person in possession of the estate by virtue of such remainder, his or her guardian or guardians, if residing within the said county, fifteen days notice, previous to the inquiry, of the time and place of holding such inquiry, or if they are not residing within the county, such notice as to the said court of Chancery shall be thought reasonable according to the circumstances of the case) into the full value of such trees so planted; which value, when so ascertained, shall be signed by the sheriff and jurors, and returned into the high court of Chancery the first day of the then next term; for which inquiry and return, the sheriff shall receive thirteen shilling and four pence, and no more; and the lord chancellor shall and may at any time within the said term, upon prayer or motion of the person or persons intitled to the benefit of the said inquiry, or of the person in possession of the estate by virtue of such remainder, by his or their council, and upon proof of any fraud or corruption in the said sheriff or jurors in holding the said inquiry, grant a new inquiry to be held within the same time, in the same manner, and at the same charges, as the former inquiry; but if no complaint of such fort shall be made, or if complaint shall be made, and be disallowed by the court, or if after complaint made another inquiry shall be so held, and certified into Chancery in manner as before directed, the person or persons so intitled to the benefit of the said inquiry shall give notice to the person in possession of the estate by virtue of such remainder, fifteen days at least before he shall move for a decree for a moiety of the value of the said trees so certified as aforesaid, and shall make a motion by his, her, or their council in the high court of Chancery, and the lord high chancellor, lord keeper, or commissioners of the great seal, shall on such motion decree to the said executor or executors, administrator or administrators, one moiety of the value so returned on the inquiry; which decree, when inrolled (for the inrolment of which, and making out of a copy of the said inrolment, which copy shall be taken as evidence in any court in any case concerning the said, moiety, shall be paid two shillings and fix pence, and no more) shall from the day of such inrolment charge the said estate so desended, as a judgment in any of his Majesty’s courts does now charge an estate in fee simple, and shall bear legal interest from the time of the said inrollment; and the said moiety so decreed shall be assetts in the hands of the said executor or executors, administrator or administrators, to be applied, and be under such rules of law, as the other personal assetts of the said tenant for life, or tenant in tail. |