Assessionable Manors Award Act 1848

1848 CHAPTER 83

An Act to confirm the Awards of Assessionable Manors Commissioners, and for other Purposes relating to the Duchies of Cornwall and Lancaster.

[31st August 1848]

WHEREAS the Commissioners appointed in and by an [7 & 8 Vict. c. 105.] 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 confirm and enfranchise the Estates of Conventionary Tenants of the ancient Assessionable Manors of the Duchy of Cornwall, and to quiet Titles within the County of Cornwall as against the Duchy, and for other Purposes, 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,

General Confirmation of the Awards on the Assessionable Manors of Duchy made under recited Act.

That the 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 of Cornwall, 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:

Discrepancies to be settled by Reference to the Map.

Provided always, that if any irreconcileable Discrepancy shall 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 shall not be held to prejudice Rights of the Lords of the Manors of Tywarnhaile Tyas and Tywarnhaile respectively to the Tin Mines, Tin Dues, and Toll of Tin therein respectively. Lords of the Manors of Tywarnhaile Tyas and Tywarnhaile respectively may, by Agreement in Writing, determine Questions now pending, and make Regulations for working the said Mines, &c. Saving Rights of all Persons, other than Duke of Cornwall, &c.

And whereas the Lord or Lords of the Manor or Lordship of Tywarnhaile 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: Provided always, 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 of Tywarnhaile 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 Roval 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 had 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.

And whereas by an Act passed in the Second Session of Parliament holden in the Fifth Year of the Reign of Her present Majesty, intituled An Act to enable His Royal Highness Albert Edward Prince of Wales to make Leases and Grants of Land and Hereditaments, Parcel of His said RoyalHighness'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.

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 of England 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 Pounds per 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 the Council of His Royal Highness Albert Edward Prince of Wales to sell and exchange Lands and enfranchise Copyholds, Parcel of the Possessions of the Duchy of Cornwall, to purchase other Lands, and for other Purposes.

V Certain Provisions of 4 & 5 Vict. c.35 to apply to Manors and Lands of the Duchy of Cornwall.

And whereas an Act was passed in a Session of Parliament holden in the Fourth and Fifth Years of the Reign of Her present Majesty, intituled An Act for the Commutation of certain Manorial Rights in respect of Lands of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights, and for facilitating the Enfranchisement of such Lands, and for the Improvement of such Tenure, which Act was declared not to extend to the Lands and Possessions of the Duchy of Cornwall; but it is expedient that certain Provisions thereof should be made to extend and apply to such Lands and Possessions: Be it enacted, That the Provisions of the said last-recited Act enabling Tenants to grant Rights of Way or Entry and other Easements to the Lord of the Manor in or upon and through their respective Lands, for Mining Purposes, for enabling Courts of Equity to decree a Partition of Lands of Copyhold or Customary Tenure, for enabling Lords of Manors or their Stewards to hold Customary Courts although no Copyhold Tenant be present, and for enabling Lords or their Stewards to make, out of the Manors and out of Court, Grants of Land to be held by Copy of Court Roll, for enabling Lords or their Stewards to grant Admissions out of the Manors and out of Court, and for requiring every Surrender, Grant, Admission, and every Fact proved to the Lord or Steward at any Court whereat a Homage shall not be assembled to be forthwith entered on the Court Rolls, and determining that Presentment by the Homage shall not be essential to the Validity of an Admission, shall extend and apply to the Lands and Possessions of the Duchy of Cornwall, and to any Enfranchisement of Lands held as of the Duchy Manors to be effected under the Powers given by any existing Act or Acts of Parliament, and to the Stewards and Tenants for the Time being of such Manors.

VI Provisions in 7 & 8 Vict. c.65 as to Enrolments, and examined and certified Copies thereof, being Evidence of original Instruments, to apply to other Instruments duly enrolled.

And whereas by the herein-before recited 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 the Council of His Royal Highness Albert Edward Prince of Wales to sell and exchange Lands and enfranchise Copyholds, Parcel of the Possessions of the Duchy of Cornwall, and for other Purposes, it is declared and provided, that Enrolments or examined Copies of Enrolments of Deeds, Certificates, Receipts, or other Instruments, appearing or purporting to have been made, given, or executed under the Authority of that Act, or of any Act theretofore passed relating to the Lands or Possessions of the said Duchy, shall be admissible in Evidence for the Purposes therein specified ; and it is expedient that such Provision should be amended, and made to extend and apply to other Instruments duly enrolled among the Records of the Duchy, and that the Proof thereof should be further facilitated: Be it enacted, That where any Deed, Certificate, Receipt, or other Instrument relating to the Lands or Possessions of the said Duchy shall have been duly enrolled in the Office of the said Duchy, .the Enrolment in the Books of the said Office, or an examined Copy of such Enrolment, or a Certificate purporting to set forth a true Copy of the whole or of Part thereof, and purporting to be signed and certified by the Keeper of the Records of the Duchy for the Time being, shall, in the Absence of Evidence to the contrary, and without producing the Original, or calling any attesting Witness, and (in the Case of a certified Copy) without Proof, other than the Production of such Certificate, that such certified Copy is in fact a true Copy, be admitted by and before all Courts and Justices and in all legal Proceedings to be Proof of such original Instrument or Enrolment thereof, or of so much thereof as the said certified Copy purports to set forth, and that the Original was duly made, granted, given, or executed by the Parties thereto.

VII In Actions for the Recovery of Small Debts or Demands in the Stannary Court, Trials under 6 & 7 W.4 c.106 to be by a Jury of Five instead of Twelve.

And whereas by an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act to make Provision for the better and more expeditious Administration of Justice in the Stannaries of Cornwall, and for enlarging the Jurisdiction and improving the Practice and Proceedings in the Court of the said Stannaries, Provision is made for the Trial of Causes pending in the same Court by a Jury of Twelve Persons : And whereas Actions prosecuted in the said Court for the Recovery of Small Debts are regulated by special Rules of Practice differing from the Rules applicable to other Actions on the Common Law Side of the Court, and the Matters in issue between the Parties to such Actions may be well and conveniently tried by a less Number of Jurors: Be it therefore enacted, That in all such Actions commenced after the passing of this Act for the Recovery of such Small Debts the Number of Jurors impannelled and sworn to try any Issue shall be Five only, and not Twelve, and the Jurors so sworn shall be required to give an unanimous Verdict: Provided always, that no Debt or Demand shall be deemed to be a Small Debt within the Intent and Meaning of this Enactment which shall exceed the Sum of Twenty Pounds or such other Sum as shall hereafter be determined by any Act of Parliament to be a Small Debt within the Jurisdiction of the County Courts established by an [9 & 10 Vict. c. 95.] Act passed in the Session of Parliament holden in the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act for the more easy Recovery of Small Debts and Demands in England.

VIII Thirty-six Jurors only to be summoned in future. All Powers, &c. as to Jury Process to remain in force.

And whereas it will not be necessary hereafter to summon so large a Number of Persons to attend and serve as Jurors at the Sittings of the said Court: Be it enacted, That the Registrar of the said Court shall in future cause Thirty-six Persons named in the Jurors Book to be so summoned, and no more: Provided always, that, save and except as aforesaid, nothing herein contained shall be taken to alter the Practice of the Court, but all and every the Powers, Provisions, and Authorities contained in the last-recited Act touching Jury Process and Proceedings on Trials by Jury shall remain in full Force, and be applicable and applied as well to Trials by a Jury of Five as by a Jury of Twelve Persons.

IX The Vice Warden to appoint Bailiffs to execute Process. Provisions of 7 & 8 Vict. c. 19. to be applicable to Bailiffs so appointed.

And whereas no adequate Provision now exists for the due Appointment of Bailiffs of the said Court: Be it enacted, That it shall and may be lawful for the Vice Warden for the Time being to appoint from Time to Time a competent Number of fit and responsible Persons to be Bailiffs of the said Court, for the Service and Execution of all Process on the Common Law Side thereof, and Process of Attachment in Equity, who shall give such Security for the due Performance of their Duties as shall appear to the Vice Warden sufficient in that Behalf, and shall hold their Offices during his Pleasure, and be entitled to demand and receive all lawful Fees due to them in virtue of their Office of Bailiff; and all the Powers, Provisions, and Enactments 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 for regulating the Bailiffs of Inferior Courts, so far as the same touches and concerns the Publication of Lists of the Names and Abodes of such Bailiffs, and of the Fees allowed to them by Law, the Penalties for taking undue Fees, the Remedies against Bailiffs for Extortion, Misconduct, or not duly paying or accounting for Money levied, and the Penalty for assaulting Bailiffs in the Execution of their Duty, or rescuing Persons or Goods taken or levied under Process, shall be held and taken to apply and extend to the Court of the Vice Warden of the Stannaries, and to the Bailiffs appointed under the Authority of this Act; and all Constables and Peace Officers shall, when required thereto, be aiding and assisting in the Execution of Process by the said Bailiffs within their several Jurisdictions: Provided always, that nothing herein contained shall be construed to restrain the Vice Warden from making from Time to Time such Rules and Orders touching the Office, Duty, and Fees of Bailiffs as are not repugnant to this or any other Act of Parliament.

X Provisions of 1 & 2 W.4 c.58 for the Relief of Sheriffs against adverse Claims to extend to the Vice Warden's Court and the Bailiffs thereof.

And because the Provisions of divers Acts of Parliament of late made and passed for the Relief of Sheriffs and other Officers against adverse Claims do not extend to the Court of the Vice Warden of the Stannaries, by reason whereof the Bailiffs of the said Court will be exposed to greater Hazard and Expense than similar Officers in other Courts, be it therefore enacted, That all the Powers, Provisions, and Enactments of an Act passed in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty King William the Fourth, intituled An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest on the Subject of such Claims, so far as the same touches and concerns the Relief and Protection of Sheriffs and other Officers in the Execution of Process against Goods and Chattels, and the entering of Record the Proceedings taken under that Act, and the Force and Effect of Rules and Orders so entered, and the issuing of Execution for taxed Costs, and the Fees for executing the same, shall be held and taken to apply and extend to the Court of the said Vice Warden and to the Bailiffs of the said Court so appointed as aforesaid : and

it shall be lawful for the Vice Warden, or for the Registrar of the said Court, whether the Court be sitting or not, to make Rules and Orders and to exercise the Powers and Authorities contained in the said Act for the Relief and Protection of such Bailiffs, and, with the Consent of the Execution Creditor and adverse Claimant in any Case, their Attornies or Agents, to dispose of such Claims on the Merits, and determine the same in a summary Manner.

XI The Office of Prothonotary when vacant to be, suppressed, and the Duties to be performed by Two Clerks.

And whereas by the before-recited Act passed at the Session of Parliament holden in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth the Vice Warden is authorized to appoint a fit and proper Person to act as Prothonotary or Assistant Registrar in the said Court, with the yearly Salary of Two hundred Pounds, and it is expedient that a new Arrangement should be made with respect to the future Discharge of the Duties of such Office : Be it enacted, That when and so soon as the said Office shall become vacant by Death, Resignation, or otherwise, it shall and may be lawful for the Vice Warden for the Time being to appoint by Writing under the Seal of his Court Two fit and proper Persons, who shall hold their Offices at the Will of the Vice Warden, to be Clerks of the said Court, and as such Clerks to do and execute, under the Direction of the Vice Warden, and in aid of the Registrar, all the Duties now performed by the said Prothonotary or Assistant Registrar, at and for the several yearly Salaries of One hundred and twenty Pounds and Eighty Pounds respectively, such Salaries to be payable and paid at the Times and in the Manner and out of the Funds provided in and by the last-mentioned Act for the Payment of the Salary of the Prothonotary or Assistant Registrar.

XII Actions against Officers to be commenced within Three Months, and short Forms of Pleading to be admitted in such Actions.

And for the better Protection of the Officers of the Vice Warden's Court in the Performance of their Duties, be it enacted, That all Actions brought in the Superior or other Courts against a Judge, Registrar, Bailiff, or other Officer of the Court of the Vice Warden of the Stannaries, or against others acting in aid of them, for any thing done in execution of the Process or by the Authority of the said Court, shall be commenced within Three Calendar Months next after the committing of the Act or Grievance complained of, and not afterwards; and it shall be competent for the Defendant in any such Action to justify, if need be, by alleging generally in his Plea or Avowry that the Act or Matter complained of was done in execution of the Process or by the Authority of the Court of the Vice Warden of the Stannaries of Cormvall, without further setting forth the Authority of Process of the said Court; and the Plaintiff shall be permitted to reply thereto generally, that the same was done by the Defendant of his own Wrong, and without the Cause alleged by him ; and upon Issue joined thereupon all the Matters and Facts relied upon by the one Party or the other shall be admitted in Evidence.

XIII Property provided for Use of Stannary Court vested in Duchy of Cornwall.

And be it enacted and declared, That all Personal Property, Goods, Chattels, and Effects whatsoever, provided or to be provided for the Use of the said Court, or for the Use of the Vice Warden for the Time being, or other Officer of the said Court, shall vest in His Royal Highness the Duke of Cornwall in right of His Duchy.

XIV Certain of the Provisions in 7 & 8 Vict. c.65 and in this Act relating to Enrolments, and examined and certified Copies thereof, extended to the Possessions of Her Majesty in right of the Duchy of Lancaster.

And whereas by the said herein-before recited Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her said present Majesty, intituled An Act to enable the Council of His Royal Highness Albert Edward Prince of Wales to sell and exchange Lands and enfranchise Copyholds, Parcel of the Possessions of the Duchy of Cornwall, to purchase other Lands, and for other Purposes, it is also enacted, that every Deed or Instrument whereby any Manors, Messuages, Lands, Tenements, or Hereditaments now or at any Time hereafter Parcel of the Lands or Possessions of the Duchy of Cornwall shall after the passing of the same Act be purchased, sold, exchanged, leased, licensed to be demised, enfranchised, or granted under the Authority of the same Act or of any other Act, or otherwise, shall, within Six Calendar Months after the Date of such Deed or Instrument, be enrolled in the Office of the Duchy of Cornwall; and it is by the same Act enacted, that the Keeper of the Records of the Duchy of Cornwall shall and he is thereby required to enrol every Deed or Instrument thereby directed to be enrolled in the Office of the said Duchy in Order of Time as the same shall respectively be brought to the said Office for that Purpose, and certify under his Hand, or under the Hand of his Deputy for the Time being, upon the said Deeds or Instruments respectively when enrolled, the Fact of their having been so enrolled ; and by the same Act it is also enacted, that in all Cases where the Enrolment of any Deed or other Instrument, or Minute or Document, before the said Keeper of the Records, has been or shall be omitted or delayed beyond the Period provided for the Enrolment and Entry thereof respectively, it shall be lawful for the Council of His said Royal Highness, or others the Commissioners for managing the Affairs of the said Duchy for the Time being, for every reasonable Cause to them shown for the Omission or Delay, and they are thereby authorized and empowered, to permit the making of any such Enrolment or Entry nunc pro tunc, and the same respectively when made under such Authority shall be as valid and effectual as if made within the Period therein-before limited for that Purpose: And whereas it is expedient that the several Provisions and Enactments in the said recited Act of the Seventh and Eighth Years of the Reign of Her said Majesty, intituled An Act to enable the Council of His Royal Highness Albert Edward Prince of Wales to sell and exchange Lands and enfranchise Copyholds, Parcel of the Possessions of the Duchy of Cornwall, to purchase other Lands, and for other Purposes, and in this Act, or one of them, expressly or by Reference contained, relating to the Enrolment of Deeds, and to the Time within which such Enrolment shall be made, and declaring and providing that Enrolments, or examined Copies of Enrolments, Deeds, Certificates, Receipts, or other Instruments or Certificates, purporting to set forth a true Copy of the whole or of Part thereof, and purporting to be signed and certified by the Keeper of the Records of the Duchy for the Time being, shall, in the Absence of Evidence to the contrary, and without producing the Original, or calling any attesting Witness, and in the Case of a certified Copy without Proof, other than the Production of such Certificate, that such certified Copy is in fact a true Copy, be admitted, by and before all Courts and Justices, and in all legal Proceedings, to be Proof of such original Instrument or Enrolment thereof; or of so much thereof as the said certified Copy purports to set forth, and that the Original was duly made, granted, given, or executed by the Parties thereto, and authorizing the Council of His said Royal Highness, or others the Commissioners for managing the Affairs of the said Duchy for the Time being, to permit the making of any Enrolments or Entry nunc pro tunc, shall be extended to Deeds and other Instruments relating to Manors, Messuages, Lands, Tenements, and Hereditaments the Possessions of Her Majesty in right of Her Duchy of Lancaster, and Enrolments of such Deeds and other Instruments, and certified Copies of such Enrolments or any Parts thereof: Be it therefore enacted, That the said Provisions, Declarations, and Enactments in the said last-mentioned Act and in this Act or in one of the same Acts expressly or by reference contained relating to the aforesaid several Acts, Matters, and Things in this present Clause-or Provision mentioned or referred to, shall be and the same are hereby made applicable to Deeds, Certificates, Receipts, or other Instruments hereafter to be executed, made, or signed relating to Manors, Messuages, Lands, Tenements, and Hereditaments now or at any Time hereafter Parcel of the Possessions of Her said Majesty, Her Heirs and Successors, in right of Her said Duchy of Lancaster, and to Enrolments of such Deeds, Certificates, Receipts, or other Instruments, and certified Copies of such Enrolments or Parts thereof, as fully as the same Provisions, Declarations, and Enactments are by the said last-recited Act and this Act, or either of them, made applicable to Deeds, Certificates, Receipts, or other Instruments relating to any Manors, Messuages, Lands, Tenements, or Hereditaments, Parcel of the Possessions of the Duchy of Cornwall, and Enrolments of such Deeds, Certificates, Receipts, and other Instruments, and certified Copies thereof or any Part thereof, audi as fully as if the Manors, Messuages, Lands, Tenements, and Hereditaments of or belonging to Her said Majesty in right of Her said Duchy of Lancaster, and Deeds, Certificates, Receipts, and other Instruments relating to the same Hereditaments, and Enrolments of such Deeds, Certificates, Receipts, and other Instruments, and certified Copies thereof or any Parts thereof, and the Keeper of the Records of the Duchy of Lancaster, and the Chancellor and Council of the same Duchy, had been respectively mentioned, named, and referred to therein, either alone and. instead of or in addition, to the Council of the Duchy of Cornwall, or other the Commissioners for managing the Affairs of the same Duchy, and any Manors, Messuages, Lands, Tenements, or Hereditaments, Parcel of the Lands or Possessions of the Duchy of Cornwall, and any Deeds, Certificates, Receipts, or other Instruments relating to the same Hereditaments, and Enrolments of any such Deeds, Certificates, Receipts, and other Instruments, and certified Copies thereof or of any Parts thereof, and the Keeper of the Records of the Duchy of Cornwall, and His said Royal Highness, or the Commissioners for managing the Affairs of the said Duchy for the Time being, and as if the Provisions, Declarations, and Enactments in the last-recited Act and herein-before mentioned or referred to had been specially repeated in this Act, and had, together with the Provisions in this Act in reference to the said Acts, Matters, and Things in this present Provision or Clause mentioned or referred to, been applied to the Manors, Messuages, Lands, Tenements, and Hereditaments, Parcel of the Possessions of Her said Majesty in right of Her said Duchy of Lancaster, and any Deeds, Certificates, Receipts, or other Instruments relating to the same Hereditments, and Enrolments of such Deeds, Certificates, Receipts, or other Instruments, and certified Copies thereof or any Parts thereof, and the Keeper of the Records of the said Duchy of Lancaster, and the Chancellor and Council of the same Duchy.

XV Public Act.

And be it enacted, That this Act and every Part thereof shall be deemed to be a Public Act, and judicially noticed as such.

XVI Act may be amended, &c.

And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.