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Duchy of Lancaster Act 1779

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XIV Clause for encouraging the Growth of Timber.E+W+S

And whereas divers Lands and Tenements, Parcel of the said Duchy ofLancaster, are held by sundry Persons, by virtue of Grants from the Crown under the Seal of the said Duchy, in Fee-farm, in some of which Grants all Timber and other Trees to arise and grow in the Lands thereby granted, are excepted and reserved to the Crown: And whereas divers other Lands, Parcel of the said Duchy, are held by Leases granted under the Seal thereof for Terms of Life or Years, wherein all Timber and other Trees are also excepted and reserved to the Crown: And whereas sundry Parts of the said Lands so held in Fee-farm or by Lease, would, if planted for the Production of Wood and Timber, produce a greater Profit than in a Course of Husbandry; and if the respective Fee-farmers and Lessees thereof were to be benefited by raising and planting Trees for Timber and other Purposes thereon, they might be encouraged so to do, to the great Utility of the Public;’ it shall and may be lawful to and for the said Chancellor and Council to contract with the Owners of Lands, held of the said Duchy in Fee-farm, for the absolute Sale of all Timber Trees and other Trees growing, or hereafter to grow or arise, in or upon such Lands respectively, at and for such Prices or Considerations as shall be agreed upon and mentioned in and by such Contracts respectively; and thereupon to grant, fell, and release, under the Seal of the said Duchy, in the Name of his said Majesty, his Heirs and Successors, unto the said several and respective Owners of such Fee-farm Lands, and their Heirs for ever, all and singular the said Timber Trees and other Trees, which in and by such Fee-farm Grants are or were excepted and reserved to the Crown; and that such Contracts, Grants, Sales, and Releases, shall be valid and effectual unto such respective Owners of the said Fee-farm Lands, for granting, felling, and releasing, unto them and their Heirs for ever, all such Timber Trees and other Trees, any Law or Usage, or any Thing contained in such Grants of Lands in Fee-farm, to the contrary thereof notwithstanding.

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