Assessionable Manors Award Act 1848
| Jurisdiction | UK Non-devolved |
| Citation | 1848 c. 83 |
(11 & 12 Vict.) C A P. LXXXIII.
[31st August 1848]
'WHEREAS the Commissioners appointed in and by an Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled have, in pursuance of the Authority and Directions contained in the said Act, made separate Awards, with Schedules and Maps annexed, in respect of each of the said Manors, and have lodged the same in Triplicate within the Time and in the Manner required by the said Act, and no Petition of Appeal has been preferred or presented against any of the said Awards: And whereas it is expedient to remove all Doubts touching the Validity and Effect of the said Awards, and to confirm and establish the same notwithstanding any Irregularity of proceeding, Excess or Defect of Authority or Jurisdiction, Informality or other Defect, Error, or Irregularity whatsoever:' 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, Thatthe said Awards, with the Schedules and Maps respectively annexed thereto, and made Part thereof, shall be and the same are hereby declared to be binding and conclusive to all Intents and Purposes, as well on Her Majesty, Her Heirs and Successors, as on His Royal Highness the Duke ofCornwall, His Heirs and Successors, and all other Persons whomsoever, and between all Persons whomsoever, as to all Matters and Things which the said Commissioners have therein adjudicated upon or determined, or professed to adjudicate upon or determine, or which the said Awards purport to ascertain or settle, notwithstanding any such Irregularity, Excess, Defect, Informality, or Error as aforesaid, and all Hereditaments which in and by the said Awards appear or are ascertained or settled to belong to His Royal Highness shall be deemed and taken to have been thereby determined to belong to the Duke of Cornwall, within the Intent and Meaning of the said Act: Provided always, that if any irreconcileable Discrepancyshall appear between the Acreage of any Tenement, Close, Field, or Parcel of Land as specified in any Schedule, and the Extent of the same as measured by the Scale on the Map of the Manor to which the Schedule relates, then the true Extent and Boundary of the same shall be ascertained by Reference to the Map, and not to the Number of Acres alleged in the said Schedule to be contained therein.
II Awards not to prejudice Rights of Lords of Manors of Tywarnhaile Tyas and Tywarnhaile respectively to the Tin Mines, Dues, and Toll therein.
II. 'And whereas the Lord or Lords of the Manor or Lordship ofTywarnhaile Tyas claims or claim Title, in right of their said Manor or Lordship or otherwise, to a Moiety of all Tin Mines, Tin Ore, Tin Dues, or Tin Toll throughout the Lands awarded as the Demesne or Conventionary Lands of the Manor of Tywarnhaile, and His Royal Highness the Duke of Cornwall claims Title to a Moiety of all the like Mines, Ore, Dues, or Toll throughout the Lands within the Manor or Lordship of Tywarnhaile Tyas: And whereas it was not intended in or by the said Act or Awards to prejudice either of the above Claims, or to disturb the respective Rights so claimed as aforesaid:' Be it therefore enacted, That nothing in the Awards contained shall be held or construed to prejudice either of the said Claims, or to disturb, vary, or impair such respective Rights as aforesaid, but the same shall subsist and continue throughout the several Lands herein-before mentioned, notwithstanding the said Act and Awards: Providedalways, that it shall be lawful for His Royal Highness, His Heirs and Successors, and for the Lord or Lords for the Time being of the said Manor or Lordship ofTywarnhaile Tyas, or the Majority in Value of such Lords, by Agreement in Writing under the Seal of His Royal Highness, His Heirs or Successors, and under the Hands and Seals of the said Lord or Lords, or such Majority as aforesaid, such Agreement to be made by His Royal Highness, His Heirs or Successors, of the one Part, and the said Lord or Lords, or such Majority as aforesaid, of the other Part, to be enrolled in the Office of the Duchy of Cornwall, from Time to Time to agree upon and determine all Questions now existing or which may at any Time arise between His Royal Highness, His Heirs or Successors, of the one Part, and the Lord or Lords for the Time being of the said Manor or Lordship on the other Part, relating to the said Claims, Rights, and Interests, and define and settle such Claims, Rights, and Interests, and to make such Provisions and Regulations for granting, demising, and working the said Tin Mines, Ores, Dues, and Toll, and collecting, recovering, and dividing all Profits or Advantages accruing or arising therefrom, and generally for doing all Matters and Things incidental or relating to the Premises; and every such Agreement so made and enrolled as aforesaid, and every Demise or Grant made in pursuance thereof, shall be binding and conclusive to all Intents and Purposes whatsoever: Saving always to all Persons,other than His Royal Highness and the said Lord or Lords, and those claiming by, through, or under them, and other than the Parties to any such Agreement, Demise, or Grant, all such Estates, Rights, Titles, Interest, and Claims in, to, or upon the said last-mentioned Lands, Mines, Ores, Dues, or Toll, as they lawfully bad at the passing of this Act.
III So much of 5 & 6 Vict. c. 2. as provides that no Fines shall be taken on Lease of Mines and Minerals, repealed.
III. 'And whereas by an Act passed in the Second Session of Parliament holden in the Fifth Year of the Reign of Her present Majesty, intituledAn Act to enable His Royal Highness Albert Edward Prince of Wales to make Leases and Grants of Land and Hereditaments, Parcel of His said Royal Highness's Duchy of Cornwall, or annexed to the same, and for the other Purposes therein mentioned, it was amongst other things provided and enacted, that where the Subject Matter of any Lease or Grant to be made under the Authority and Powers of the said Act should be Mines, Minerals, or Tolls, Dues, or Royalties in respect of Mines or Minerals, that then upon every such Lease or Grant there should be reserved a reasonable Rent, Payment, Toll, Due, Doll or Dish, without taking, or requiring any Fine or Fines whatsoever; and it has been found expedient, on certain Conditions, to permit the taking of Fines upon the making of any such Lease or Grant:' Be it therefore enacted, That so much only of the last-recited Act as provides that no Fine or Fines shall be taken or required on any such Lease or Grant shall be and so much of the same is hereby repealed.
IV Fines taken on Lease, &c. of Mines to be invested for the permanent Benefit of the Duchy, or applied to the general Improvement of the Duchy Property, under 7 & 8 Vict. c. 65.
IV. Provided always, and be it enacted, That all Fines hereafter taken or required on any such Lease or Grant of Mines, Minerals, or Tolls, Dues, or Royalties in respect of Mines or Minerals, Parcel of the said Duchy, shall be received by the Receiver General of the Duchy, and after Deduction thereout of all Expenses incidental to the making of such Lease or Grant, or so much thereof as shall not be paid by the Lessees or Grantees, be paid into the Bank ofEngland to the Account of the Duke of Cornwall; and all Monies so received and paid shall be from Time to Time, as soon as conveniently may be, laid out in the Purchase of Three Poundsper Centum Bank Annuities in the Name of the Duke of Cornwall, and for the permanent Benefit of the Duchy, and the Dividends of the Stock so purchased shall be paid by the Governor and Company of the Bank of England to the said Receiver General, to the Use of the Duke of Cornwall, and be deemed and taken to be Part of the ordinary Revenues of the Duchy: Provided nevertheless, that during the Minority of His Royal Highness the present Duke of Cornwall all Monies so received and paid, and the Stock so purchased, shall be subject to be applied, appropriated, sold out, and dealt with by the Council of His Royal Highness as if the same had been Monies received and Stock purchased under the Authority of an Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to enable...
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