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Additional

Article to
Treaty.

Provisions of recited Act to extend to the additional Article.

Treaty between
Great Britain

lands.

59 G. 3. c. 16.

Additional

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'whereas Their said Majesties have agreed to an additional Article to the said Treaty, as follows: "It is hereby agreed between 'the High Contracting Parties that in all Cases in which a Vessel shall, under the above-mentioned Treaty, be detained by their respective Cruizers as having been engaged in the Slave Trade, or as having been fitted out for the Purposes thereof, and shall consequently be adjudged and condemned by the Mixed Courts of Commission to be established under that Treaty, the said Vessel shall, immediately after its Condemnation, be broken up entirely, and shall be sold in separate Parts after having been so broken up" And whereas it is expedient that the Provisions ' of the said recited Act should be applied to the said additional Article for the carrying the same into effect:' 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, That all Clauses, Provisions, Powers, and Authorities contained in, and all Penalties and Forfeitures imposed by, the said recited Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, shall be applied and put in force for the Purpose of carrying into execution the said additional Article, as fully and effectually as if the same were re-enacted in this Act as to such before-mentioned additional Article, and all Matters therein contained, and as if such additional Article had formed Part of and been inserted Word for Word in the said Treaty of One thousand eight hundred and twenty-four.

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WE

CA P. XLI.

An Act for carrying into effect an additional Article to a Treaty with the Netherlands relating to the Slave Trade. [27th July 1838.] WHEREAS a Treaty was concluded between His Majesty the King of the United Kingdom of Great Britain and and the Nether-Ireland and His Majesty the King of the Netherlands, and signed at the Hague on the Fourth Day of May One thousand eight hundred and eighteen, for the Suppression of the Slave Trade: And whereas an Act was passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, intituled An Act to carry into effect the Treaty with the Netherlands relating to the Slave Trade: And whereas additional and explanatory Articles were concluded between Their said Majesties on the Thirty-first Day of December One thousand eight hundred and twenty-two and the Twenty-fifth Day of January One thousand eight hundred and twenty-three respectively: And whereas by the Seventh Article of the Treaty of the said Fourth Day of May One thousand eight hundred and eighteen, Regulations for Mixed Courts of Justice were established: And whereas by the Sixth Article of those Regulations it was stipulated, among other things, "that in case of the Condemnation of a Vessel she shall be declared lawful Prize, as well as her Cargo, of whatever Description it may be, with the Exception of the Slaves who may be on board as Objects of Commerce, and the said Vessel, as well as her Cargo, shall be sold by public Sale for the Profit

Articles to the
Treaty.

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of the Two Governments": And whereas by a separate and ad'ditional Article to the said Treaty of the Fourth Day of May 'One thousand eight hundred and eighteen, signed at the Hague ' on the Seventh Day of February One thousand eight hundred ' and thirty-seven, it was agreed between Their said Majesties, that the Words in the said last-mentioned Regulation, "And the 'said Vessel, as well as her Cargo, shall be sold by public Sale ' for the Profit of the Two Governments," shall be annulled, and in lieu thereof the following Stipulations inserted, which shall, ' in consequence, make an integral Part of the said Sixth Article ' of the above-mentioned Regulations, and of the said Treaty of 'the Fourth of May One thousand eight hundred and eighteen, ' namely, " And the said Vessel shall be entirely demolished, and the Materials thereof publicly sold in separate Parts, as well as her Cargo, for the Profit of the Two Governments," and that the 'said additional Article of the Seventh Day of February One 'thousand eight hundred and thirty-seven shall be of the same Force and Effect as if it had been inserted Word for Word in the before-mentioned Treaty of the Fourth of May One thousand eight hundred and eighteen, and in the Regulation 'thereto annexed: And whereas it is expedient that the Provisions of the said recited Act of the Fifty-ninth Year of His late Majesty King George the Third should be applied to the said explanatory and additional Articles of One thousand eight hun'dred and twenty-two and One thousand eight hundred and twenty three, and to the said separate and additional Article signed at the Hague on the said Seventh Day of February One 'thousand eight hundred and thirty-seven, for the carrying the " said additional Articles into execution for the more effectual • Prevention of the Traffic in Slaves:' 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, That all Clauses, Provisions, Powers, and Authorities Provisions of contained in and all Penalties and Forfeitures imposed by the former Act to said recited Act of the Fifty-ninth Year of the Reign of His late extend to the Majesty King George the Third shall be applied and put in force for the Purpose of carrying into execution the said before-mentioned additional Articles, except so far as any of such Powers and Authorities are altered by this Act, as fully and effectually as if the same were re-enacted in this Act as to such before mentioned additional Article, and as if the said additional Articles respectively had been inserted in and made Part of the said Treaty of One thousand eight hundred and eighteen.

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CA P. XLII.

An Act to empower the Commissioners of Her Majesty's Woods, Forests, and Land Revenues to confirm the Titles to and to grant Leases of Encroachments in the Forest of Dean in the County of Gloucester. [27th July 1838.]

WHEREAS by an Act passed in the Twentieth Year of the Reign of His late Majesty King Charles the Second,

additional

Articles.

⚫ intituled An Act for the Increase and Preservation of Timber 20 Car. 2. c. 8.

'within the Forest of Dean, it was enacted, that to the end the 'said Forest and Premises might be perpetually preserved and 'estated in the Crown for public Use, and might not be granted or disposed to any private Use or Benefit, in case any Person or Persons whatsoever should presume to take, or should obtain any Gift, Grant, Estate, or Interest of or in the Inclosures or "Wastes of the said Forest, or any Wood or Trees growing thereon, or of or in any of the Mines or Quarries of or within the said Inclosures or any Part thereof, every such Gift, Grant, Estate, ' and Interest should ipso facto be null and void, and the Person or Persons so taking or obtaining the same should be and was 'thereby made and declared utterly disable and incapable to have, hold, or enjoy any such Gift, Grant, Estate, or Interest: And 'whereas, notwithstanding the Provisions in the said Act made and enacted, many Encroachments have been made and con'tinued on the Waste Lands of the said Forest: And whereas by virtue and under the Authority of an Act passed in the First and Second Years of the Reign of His late Majesty King Wil1 & 2W.4. c. 12. liam the Fourth, intituled An Act for ascertaining the Boundaries of the Forest of Dean, for inquiring into the Rights and Privileges claimed by the Free Miners of the Hundred of St. Briavels, and for other Purposes, a Commission was issued under the Seal of Her Majesty's Court of Exchequer, bearing Date the Twenty'first Day of January One thousand eight hundred and thirty-two, directed to certain Commissioners therein named, with Authority 'to them to inquire of and ascertain and distinguish the Boundaries of the Forest of Dean, and of the Lands of Her Majesty's Sub'jects within the same, and to inquire of the Purprestures, Encroachments, and Trespasses on the Soil of the Crown within the Boundaries of the said Forest, and also to inquire of the Existence, Origin, and Particulars of the Rights and Privileges claimed by Persons born within the Hundred of St. Briavels, within the Boundary of the said Forest, calling themselves Free Miners, and the said Commissioners were by the said Commission 'directed to report on the aforesaid Matters to the Lord High Treasurer or Lords Commissioners of Her Majesty's Treasury, " as in the said Commission is mentioned: And whereas the said • Commissioners so appointed as aforesaid proceeded to make the Inquiries so as aforesaid directed to be made, and by their Second Report to the Lords Commissioners of Her Majesty's Treasury, under their Hands and Seals, dated the First Day of May One thousand eight hundred and thirty-four, and which Report is stated by them to relate to the Boundaries of the Forest of Dean and of the Lands of Her Majesty's Subjects within the same, and the Rights and Interests of Persons occupying or claiming to be interested in Lands or Tenements within the Bounds of the said Forest, the Origin or alleged Origin of such Rights and Interests, and also the Dates, Value, and other Particulars of all other Purprestures, Encroachments, and Trespasses in and upon the Soil of Her Majesty within the said Forest, after stating. amongst other things, in the said Report, that the said Commissioners had confined their Attention to Encroachments in the said Forest properly so called, and that they had found it necessary to have Maps prepared, in ' which

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'which the Encroachments described as such in a certain Map 'made in the Year One thousand seven hundred and eighty-seven, ' in pursuance of the Report of certain Commissioners, should be ' laid down distinct from those of a more modern Date; and also 'stating that in the Maps so prepared under the Direction of the 'said Commissioners, whose Report is now in recital, (and which Maps are annexed to the said Report,) the old Encroachments 6 were coloured Red, those which were taken in between the 'Years One thousand seven hundred and eighty-seven and One ' thousand eight hundred and twelve Blue, and those inclosed since 'the Year One thousand eight hundred and twelve Yellow; that every Facility, by repeated Notices given generally and indi'vidually, had been afforded to the several Parties in Possession ' of Lands coloured Blue and Yellow to appeal against the Colour by which their Encroachments were distinguished, and 'nearly all of them appeared before the said Commissioners in 'Person or by Proxy; that the few who did not so appear ' received further Notice of the Day appointed for final Adjudi'cation; that all Red Encroachments were included in One Class, 'because the said Commissioners could not presume that any of them were inclosed before the said Act of the Twentieth Year of the Reign of King Charles the Second; but the Crown 'having had its Attention called by the Proceedings of the Com'missioners appointed in One thousand seven hundred and eightyseven, as in the said Report is mentioned, to the Existence of 'these Red Encroachments, and not having taken any effectual Steps to assert its Right, ought not to disturb the Possession; the said Commissioners by their said Report therefore recom'mended that the Lands coloured Red in the said Plans (amounting to One thousand five hundred and ten Acres Two Roods and Thirty-two Perches) should be declared to be Freehold ' of Inheritance, subject however to a Condition that no additional Dwelling Houses should be erected thereon without the 'Licence of the Crown, to be registered in the Court of Attach'ments; and that the Lands coloured Blue in the said Plans, containing Five hundred and seventy-three Acres and Ten and ' a Half Perches, should be granted to their present Possessors ' for Three Lives, not renewable except at the Pleasure of the 'Crown, and that the said Possessors should respectively pay Rents varying from One Shilling to Two Shillings per Acre; and that the Possessors of the Lands coloured Yellow, contain'ing Twenty-four Acres Two Roods Nine and a Half Perches, 'should have Terms of Years varying from Fourteen to Twenty'one Years, as in the Appendix to the said Report is set forth, 'paying Rents varying from Four Shillings to Eight Shillings an Acre; and that the Condition as to building Dwelling Houses 'should apply to those Classes also; and the said Commissioners 'stated that the Extent of the Red, Blue, and Yellow Lands, the Name of the Person in Possession, the Terms on which the same were held, and the Rents severally reserved, were respectively described in the Appendix to their said Report; and 'further that the Lands given in Exchange under the Authority of an Act passed in the Tenth Year of the Reign of King George the Fourth, therein mentioned and partly hereafter recited, were • coloured

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Second Report, &c. of Commis

sioners to be deposited in Land Revenue

Record Office,

and Copies of Plans, &c. with

Clerk of the

Peace for Gloucestershire, in the Office of Woods, and within the Forest.

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'coloured Green in the Maps of the said Commissioners; and that some of those last-mentioned Lands had been granted by Deed in Fee Simple, but the Remainder having been exchanged for old Encroachments, the same should be treated in the same Manner as the Red Lands; and that the said Lands coloured 'Green were also described in the Appendix to the said Report, and the Admeasurement of the same was included in the Red; and that the Advantage of ascertaining the Value of the En'croachments did not appear to the said Commissioners sufficient to justify the great Expence of employing a Surveyor for that Purpose; and that as Application to Parliament was necessary to carry into effect the said Provisions, the said Commissioners recommended that a Clause should be introduced enacting that any new Dwelling House thereafter erected without Licence and due Registration on any of the En'croachments in which Estates should have been created in pursuance of the Report now in recital should be deemed a Purpresture within the Meaning of the said Act passed in the Tenth "Year of the Reign of King George the Fourth: And whereas the 'said Second Report of the said Commissioners of Inquiry was presented to the Commons House of Parliament in the Year 'One thousand eight hundred and thirty-five, and was soon after'wards printed by Order of the said House: And whereas it is 'expedient to make Provision for the carrying into effect the Recommendations contained in the said Report in manner after mentioned, subject to such Modifications or Alterations as are after contained, and also to make Provision for preventing any further Encroachments on the Wastes of the said Forest: May it therefore please Your Majesty that it may be enacted; and 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 within One Calendar Month from the passing of this Act the said Second Report of the said Commissioners of Inquiry, with the Maps and Appendixes thereunto annexed, or which accompanied the said Report, after the same shall have been authenticated by the Signature of any Two of the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall be deposited in the Office of Land Revenue Records and Enrolments, there to remain of Record for ever; and that the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings shall, within Three Calendar Months from the passing of this Act, make or cause to be made Three Copies of the said Plans and the Appendixes to the said Report, (which Copies shall be authenticated by the Signature of the Keeper of the Land Revenue Records and Enrolments Office,) and one of which said Copies shall be transmitted by the last-mentioned Commissioners to the Clerk of the Peace for the County of Gloucester, and one other of the said Copies shall be deposited in the Office of the aforesaid Commissioners, and one other Copy shall be hung in the Speech House, or some other convenient Place within the said Forest, there to remain for the Perusal and Inspection at all seasonable Times of all Parties interested therein.

II. And

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