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TIMBER ACT 1765
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CHAP. XVII.
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An Act for encouraging the planting of Timber Trees.
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Tenants for lives renewable for ever, performing covenants, not impeachable of waste in trees planted by them, notwithstanding covenant, law, or usage,
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extended to fee farms by 7 G. 3. 20. sec. 11. 17 & 18 G. 3. c. 35.
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WHEREAS the distress this kingdom must soon be in for want of timber, is most obvious: and whereas it is equal to inheritors, whether tenants do not plant, or have a property in what they plant: 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 from and after the first day of September one thousand seven hundred and sixty six tenants for lives renewable for ever, paying the rents and performing the other covenants in their leases, shall not be impeachable of waste in timber trees or woods, which they shall hereafter plant, any covenant in leases or settlements heretofore made, law, or usage to the contrary notwithstanding.
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Tenant for life or lives by settlement, office, &c. or above 12 years planting filly or willows, the property vested, may sell under restrictions,
planting timber trees, intitled to holes, and to the trees or value at end of the term or their maturity.
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II. Be it enacted by the authority aforesaid, That from the time aforesaid any tenant for life or lives by settlement, dower, courtesy, jointure, lease, or any office, civil, military, or ecclesiastical, impeachable of waste, or any tenant for years exceeding twelve years unexpired, shall plant sally, ozier, or willows, the sole property of such shall during the continuance of the term vest in the tenant, and he may cut and sell the same under the restrictions hereafter mentioned; and if such tenant shall plant any timber trees of oak, ash, elm, fir, pine, walnut, chesnut, horse chesnut, quicken, or wild ash, alder, poplar, or other timber trees, such tenant during the term shall be intitled to house boot, plow boot, cart boot, and car boot of such trees by him planted; and at the expiration of the term, or where such trees shall have attained maturity, which shall first happen, shall be intitled to the said trees or the value of them according to the directions hereafter mentioned, any covenant heretofore made, law, or usage to the contrary notwithstanding.
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On certificate in six months after planting lodged with clerk of the peace, the number, kind, height, and growth and a clear description,
filed separate,
entered alphabetically by name of the land,
certificate or attested copy evidence of notice,
fee of filing &c. 15. copy 6d.
during sessions resort without see.
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III. Provided always, and be it enacted by the authority aforesaid, That each person so planting shall within six months next after such planting lodge with the clerk of the peace of the county, where such plantation is made, a certificate under the hand of the tenant, containing the number and kind of the trees planted, their height, and years growth at the time of planting, and a clear description of the places and manner wherein they shall be planted; which certificate shall be kept on a separate file among the records of the county, and entered in an alphabetical book by the denomination of the land in the said county; and such certificate or a copy thereof, attested by the acting clerk of the peace, shall be evidence of notice of such plantation in all courts; for filing of which certificate, alphabeting the same in the book, and making and attesting a copy thereof, the clerk of the peace shall receive a fee of one shilling and no more, and for a copy of such certificate six pence and no more; and to which book and certificate all persons may resort, during each quarter sessions to be held for such county, without any fee.
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Where term uncertain, tenant performing covenants may for 1 year after term ended enter and cut in due seasons, and manufacture 1 year after, making satisfaction,
where certain, may cut and carry during last year.
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IV. And be it further enacted by the authority aforesaid, That in all cases where the expiration of the term of the tenant is uncertain, the tenant paying the rent and performing the other covenants in his lease, shall be at liberty for the space of one year next after the expiration of his term to enter on the lands, and cut and sell in due seasons all the trees so planted and registered, and the same to manufacture as needful on the lands for the space of one year next after such selling, making reasonable satisfaction to the inheritor for the trespass to be committed by selling, coaling, or manufacturing the same: and where the expiration of the term is certain, the tenant during the last year of his term, paying the rent and performing the covenants, may in like manner cut and carry away such trees so planted and registered.
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Immediate inheritor, &c. may during last year save one, where term certain, and in six months after expiration where uncertain, petition at sessions, set forth title and intention, on 21 days notice to tenant, & security to pay value adjudged, property of the trees vested in petitioner,
the value above selling, &c. ascertained by jury the same or ensuing session,
and with the recognisance certified into chancery,
execution as usual on recognisance before a master,
on default of security tenant’s property.
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V. Provided always, and be it further enacted by the authority aforesaid, That if any person intitled to the reversion and inheritance of the lands mediately or immediately shall be inclined to purchase such trees, such person shall be at liberty during the last year save one of the term, where the expiration is certain, and within six calendar months after the expiration of a term for life or on any uncertain contingency, to apply by petition to the justices of the peace of the county at their quarter session, and set forth their title and intention, giving the tenant twenty one days notice, and upon entering into a recognizance with sufficient securities, conditioned to pay such tenant such sums as shall be adjudged to be the value of the said trees, according to the rules of this act, the property of the trees shall from the time of such notice vest in the petitioner; and the justices shall at the same or ensuing session by a jury of freeholders of the county ascertain the value of the said trees when selled over and above the expence of selling, and the needful compensation to be made as aforesaid, if any such be; which with the record of such judgment and recognizance shall be by the justices at the instance of the party interested certified into the court of chancery; and execution shall issue thereupon as usual on recognizances taken before a master of that court: but if such petitioner shall fail to give such security at such session according to such notice, the property of such trees shall remain in the tenant.
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Immediate reversioner preferred.
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VI. Provided also, That if more than one person intitled to such reversions shall petition, that person shall be preferred, who has the most immediate title to the reversion.
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Excepted leases by guardian, &c. mortgagee, custodee, by elegit, or on eviction for nonpayment.
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VII. Provided that this act shall not extend to leases to be made by guardians of minors, or custodees of lunaticks or idiots, or to any person in possession as creditors by mortgage, custodiam, elegit, or otherwise, or deriving under such only, or to any tenant who shall be evicted for nonpayment of rent.
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Minor reversioner, adjudged in chancery his benefit to purchase, allowance to guardian.
tenant for life, &c. purchasing, to stand place of planter.
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VIII. Provided, That where the reversion belongs to a minor, and the court of chancery shall adjudge, that it is for the benefit of the minor to purchase such trees, the guardian shall have allowance for what he pays, and expences for such purchase; if the person purchasing such trees shall be tenant for life or in tail impeachable of waste, such purchaser shall stand in the place of the planter, and such trees, if not felled by hint during the subsistance of his title, shall be felled or valued according to the rates of this act.
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Tenants on like notice and security to reversioner by recognisance may petition, and like remedy and damages by jury.
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IX. And in order to ascertain what compensation shall be made by such tenant, intitled by the rules of this act to fell trees after the expiration of his term, it shall be lawful for the tenant to petition the justices, giving the reversioner like notice, and on the tenants giving like security by recognizance, the court shall by a jury ascertain the damages, and the like remedy shall be on the buyer as before mentioned.
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Clerk’s fees, petition 6d.
affidavit 6d
recognisance 2s. and 6d.
rule for trial and precept 1s. each party,
certificate to chancery 6s. and 8d.
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X. The fees to be taken by the clerk of the peace for filing and entering every petition six pence; for filing and copying every affidavit six pence; for making and filing every recognizance two shillings and six pence; for rule for tryal and precept to the sheriff each party one shilling; for making, recording, and certifying the same to chancery six shillings and eight pence.
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