Duchy of Lancaster Act 1812

VII Treasury empowered to authorize the making of Railways, &c. to Quarries, &c. in the Forests; and Commissioners of Woods &c. or Surveyor General of Woods, &c. to grant Leases for that Purpose.

And whereas there are in divers of His Majesty's Forests, Quarries of Freestone, Limestone, Slate and other Stone, and Strata or Veins of Coal and Iron Ore, and of Marl, the Produce of which is of great Value, but by Reason of the Steepness of the Ground in some Places, and the Wetness or Depth of the Soil in others, the Access to the same is in many Instances at all Times difficult, and often impracticable : And whereas it would in many Cases greatly facilitate the getting, and carrying away of the said Freestone, Limestone, and other Stones, Slate, Coal, Iron Ore, and Marl, if Permission were given to erect Fire or Steam Engines for raising the feme, and. the Water collecting in the Pits where they are got, and to form Rail or Tram Roads and Inclined Planes for carrying away the said Freestone, Limestone, and other Stone, Slate, Coal, Iron Ore and Marl; and many Individuals might be willing to make such Railways or Tram Roads and Inclined Planes, or to erect such Fire or Steam Engines, if they should obtain Leave for that Purpose ; be it therefore, enacted, That, from and after the parting of this Act, whenever Application shall be made by any Person to the said Commissioners .of His Majesty's Woods, Forests, and Land Revenues, or to the said Surveyor General of His Majesty's Woods and Forests for the Time being, for Leave to make any Railway, Tram Road or Inclined Plane, or to build or erect any Fire or Steam Engine as aforesaid, and it shall appear to the said Commissioners, or to the said Surveyor General, that it would be for the Advantage of the Public, and not detrimental to the Interests of the Grown, that such Railway, Tram Road, or Inclined Plane should be made, or that such Fire or Steam Engine should be built or erected, it shall be lawful for the Lord High Treasurer, or the Lords Commissioners of His Majesty's Treasury for the Time being, to authorize the said Commissioners of Woods, Forests, and Land Revenues, or the said Surveyor General of His Majesty's Woods and Forests for the Time being, to grant a Lease for any Term not exceeding Thirty-one Years, of such Part of the Royal Forests as may be necessary for the Purpose of making any such Railway, Tram Road or Inclined Plane, or for erecting such Fire or Steam Engine, with a Licence in such Lease to make or erect the same under such Modifications and Restrictions, for such yearly Rent and upon 'such Terms and Conditions, as to the said Commissioners of His Majesty's Woods, Forests, and Land Revenues, or to the said Surveyor General of His Majesty's Woods and Forests for the Time being, may seem expedient ; which Lease may be according to the Form hereunto annexed, and marked with the Letter (D.) or as near thereto as may be : Provided always, that no such Lease and Licence for the Purpose of making such Railway, Tram Road or Inclined Plane, or of erecting such Fire or Steam Engine, shall be granted in any Cafe where the Use of the same would interfere with or in any way abridge or prove inconsistent with the Exercise of the Rights veiled in either of the Companies established by [49 G. 3. c. 158.] Two Acts of Parliament passed in the Forty-ninth Year of King George the Third, the one intituled An Act for making and maintaining a Railway or Tram Road from the Summit of the Hill above Churchway Engine, in the Forest of Dean, in the County of Gloucester, to a certain Place in the said forest called Cinderford Bridge ; [49 G. 3. c. 159.] the other, intituled An Act for making and maintaining a Railway from the River Wye, at or near to a Place called Lidbrook, in the Parish of Ruardean, in the County of Gloucester, to or near to a Place called The Lower Forge, below Newern, in the Parish of Lydney, in the said County, and for making other Railways therein mentioned, in the Forest of Dean, in the County of Gloucester ; without the previous Consent and Concurrence of the Companies incorporated under the said Acts.