Search Legislation

New Forest Act 1877

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the New Forest Act 1877, Cross Heading: Status and Powers of Verderers. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Status and Powers of VerderersE+W+S+N.I.

22 Legal status of verderers.E+W+S+N.I.

(1)The verderers as constituted under this Act, shall be a body corporate by the name of the Verderers of the New Forest, having a perpetual succession and a common seal, with power to make contracts, and sue and be sued, for the purposes of their constitution, and to hold lands so far as may be necessary for offices or otherwise:

(2)An act or proceeding of the verderers shall not be questioned on account of any vacancy or vacancies in their body:

(3)A defect in the qualification or election of any elective verderer shall not vitiate any proceedings of a court of swainmote in which he or they have taken part in cases where the majority of verderers, parties to such proceedings, are duly entitled to act:

(4)Any minute made of administrative proceedings at meetings of a court of swainmote, if signed either at the meeting of the court or at the next ensuing meeting of the court, by any person purporting for the time being to be chairman of the court, shall be receivable in evidence of such proceedings in all legal proceedings without further proof; and until the contrary is proved every court where minutes have been so made of the proceedings shall be deemed to have been duly convened and held:

(5)A verderer by being party to, or executing in his capacity of verderer, any contract or other instrument on behalf of the verderers, or otherwise exercising any of the powers of the verderers, shall not be subject individually to any action, suit, trial, prosecution, or other legal proceedings, and the verderers may apply any moneys from time to time coming into their hands to the payment of any costs of legal proceedings or damages they may incur in execution of their powers:

(6)Any appointment and any contract or other document which is not required by law to be under seal shall be deemed to be well executed if signed by the chairman for the time being of a court of swainmote, such signature being expressed to be by or on behalf of the Verderers of the New Forest.

23 Enumeration of powers of verderers. E+W+S+N.I.

The verderers as constituted under this Act shall have power,—

(1)From time to time to appoint and dismiss, with power to increase or diminish their number, such officers and servants as they may deem necessary for the purpose of carrying into effect their duties as verderers, and to assign to each officer so appointed his duty and salary; and

(2)To make drifts of the Forest at such time and in such manner as they may think expedient; and

(3)To levy from the commoners in the Forest [F1by means of a rate and payments not exceeding the scales specified in the First Schedule hereto, and to levy from all other persons owning cattle (including horses, donkeys and mules), sheep and pigs entitled to be in the Forest by means of such payments as aforesaid, such sums as the verderers may require for paying the expenses of and incidental to the carrying into effect of their duties as verderers]; and

(4)To inquire into all unlawful inclosures, . . . F2, encroachments, and trespasses whatsoever within the Forest, and to impose on any person or persons offending for every such offence any fine not exceeding ten pounds, and by summary order to direct every such inclosure, . . . F2, encroachment, and trespass to be abated; and

(5)To punish all such offences, and perform all such acts, powers, authorities, matters, and things, and exercise all such jurisdiction, as the verderers or any two of them, or the verderers in their court of attachments or swainmote, are by any law, statute, or custom directed, authorised, or empowered to punish, do, exercise, or perform.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

24 Courts of swainmote to be held by verderers. E+W+S+N.I.

The verderers as constituted under this Act shall hold courts of swainmote for the despatch of the administrative and judicial business to be transacted by them, and shall from time to time make such regulations with respect to the summoning, notice, place, and adjournment of such courts, and generally with respect to the transaction and management of business, as they think fit, subject to the following conditions:

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(b)A court may be summoned at any time on the requisition in writing of any three verderers, or of the official verderer; and,

(c)Every question shall be decided by a majority of votes of the verderers present and voting on that question; and,

(d)A court, where another number is not prescribed by this Act, shall be constituted by the presence of three verderers; and,

(e)The official verderer shall be chairman of the court; and,

(f)If at any court the chairman is not present at the time appointed for holding the same, or within a quarter of an hour afterwards, the verderers present shall choose some one of their number to be chairman of the court; and,

(g)In case of an equality of votes at any court when transacting administrative business, the chairman for the time being of such court shall have a second or casting vote.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources