Durham County Palatine Act 1858

I Definition of the Words "the County of Durham".

That in this Act the Words " the County of Durham " shall have the same Interpretation and Meaning as in the said recited Act.

II The Interest of the Bishoprick of Durham in the Foreshores of the County of Durham vested in Her Majesty.

All the Estate', Right; Title, and Interest of or to which Her Majesty the Queen is seised or entitled, in right of the said County Palatine, and also all the Estate, Right, Title, and Interest whatsoever of or to which the Bishop of Durham was at the Time of the passing of the first-recited Act, or of or to which the said Bishop or the Ecclesiastical Commissioners for England now is or are seised or entitled,' either in right or as Part or Parcel of the County Palatine or See of Durham, or of any Lordship, Manor, or Seigniory forming Part of the Possessions of such See or County Palatine respectively, in and to the Soil and Freehold of the Beds and Shores of navigable Rivers so far as the Tide flows and reflows, and the Shores of the Sea below High-water Mark, and also (except as herein-after provided) in and to any Inclosures, Embankments, or Encroachments made therefrom or thereupon respectively, within or adjacent to the County of Durham, and also in and to any Stocks, Funds, and Securities or Monies standing in the Name of the Accountant General of the Court of Chancery, representing the Purchase Money or Value of any Part of the Beds and Shores aforesaid, (subject, as regards the said Stocks, Funds, Securities, and Monies, to any Dispositions of the Interest of the See of Durham therein heretofore lawfully made by the Bishop of Durham for the Time being,) is and are by this Act transferred to and vested or declared to be vested in the Queen's most Excellent Majesty, Her Heirs and Successors, as Part of the Hereditary Possessions and Land Revenues of the Crown, and to be within the ordering and Survey of Her Majesty's Court of Exchequer at Westminster, anything in the said first-recited Act notwithstanding, subject nevertheless to any Leases now affecting the same Premises or any Part thereof: Provided nevertheless, that nothing in this Act contained shall extend to the Island called " Holy Island," situate in that Part of the County Palatine of Durham called " Islandshire," neither shall anything herein contained extend to transfer to or vest in Her Majesty the Right or Title of the Bishop of Durham or of the Ecclesiastical Commissioners in or to any Land reclaimed from the Flow of the Tide in any navigable River or upon the Shore of the Sea within the County of Durham, from which the said Bishop had previously to the passing of the first-recited Act actually received Rent after the same had been so reclaimed, but all such last-mentioned reclaimed Land shall be deemed to have been and to be Parcel of the Possessions late belonging to the See of Durham, and now vested in the said Ecclesiastical Commissioners for England.

III Certain Leases by the Bishop confirmed, but Rents received under some of them to be apportioned.

All Leases granted by the Bishop of Durham for the Time being of any Part or Parts of the Shores of any navigable River so far as the Tide flows, or of the Shores of the Sea, and of any Inclosures, Embankments, or Encroachments made therefrom or thereupon respectively, within or adjacent. to the County of Durham, and all Leases of any Rights, of whatsoever Description, upon or over the Beds or Shores of any such navigable River, or of the Shore of the Sea within the same County, are by this Act confirmed, and all Rents and Profits of such reclaimed Land as aforesaid as is reserved to the said Ecclesiastical Commissioners by the Proviso to the Second Section of this Act shall continue to be received by the said Ecclesiastical Commissioners, and all other Rents and Profits which shall accrue due under any of the said Leases shall be paid to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, on behalf of the Queen's Majesty, Her Heirs and Successors, subject to the Provisions herein-after contained ;' and when any Lease shall comprise other Property in addition to that in respect of which the Rents and Profits are by this Act directed to be paid to Her Majesty, and One or more Rent or Rents is or are reserved in respect of the entire Premises demised, such Rent or Rents shall during the Subsistence of such Lease continue to be received by the said Ecclesiastical Commissioners, anything in this Act contained notwithstanding ; but an Apportionment shall be made of such Rent or Rents, either by some competent Surveyor, to be agreed upon and appointed by the Commissioners of Woods, Forests, and Land Revenues, or one of them, on behalf of Her Majesty, and by the Ecclesiastical Commissioners, or by Two Surveyors (one to be nominated by each Party), and an Umpire to be named by such Two Surveyors, or by the major Part in Number of such Two Surveyors and Umpire ; and every such Apportionment shall be conclusive, and the Proportion of the Rents and Profits which shall be apportioned to Her Majesty shall thenceforth during the Continuance of the Lease be paid by the said Ecclesiastical Commissioners to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, on behalf of Her Majesty, Her Heirs and Successors, subject nevertheless as herein-after mentioned; but the Apportionment of Rent herein-before directed shall in no Manner affect or prejudice any Lessee under any such Lease, nor affect or prejudice any Covenant, Proviso of Re-entry, or any other Proviso or Condition therein; and the said Ecclesiastical Commissioners shall during the Continuance of any such Lease have all such Powers of recovering the Rent, and of compelling the Performance of the Covenants, and Right of Re-entry, in all respects as if they were entitled to the Reversion of all the Hereditaments comprised in the Lease; but on any Determination of any Lease, including any Part of the Property belonging to Her Majesty, under the Provisions of this Act or otherwise, the same shall in all respects become subject to the Provisions of the several Acts of Parliament regulating the Management of the Possessions and Land Revenues of the Crown ; and in lieu of the Schedule by the said recited Agreement directed to be made, the Counterparts of all Leases of any Hereditaments, the whole Rents arising in respect whereof are by this Act directed to be paid to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, shall immediately after the passing of this Act be delivered up to the same Commissioners, and Copies of the Counterparts of all Leases of any Hereditaments, the whole or a Portion of the Rents and Profits accruing in respect whereof are directed to be paid to the said last-named Commissioners, shall immediately after the passing of this Act be made in the Office of the Ecclesiastical Commissioners for England, and such Counterparts and Copies to be so delivered to the said Commissioners of Woods, and to be so made as aforesaid, shall be inrolled in the Office of Land Revenue Records and Inrolments, and the Inrolment thereof shall be admissible as Evidence of the said Leases respectively.

IV Rents and Proceeds from the Foreshores of Durham to be divided equally between the Crown and the Ecclesiastical Commissioners.

All Rents and Profits and other Monies which may be received by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, under the Provisions of this Act or otherwise howsoever, from, and the Proceeds of any Sales or Dispositions made by them or either of them of, any Part of the Bed or Shores of any navigable River so far as the Tide flows, or of the Shores of the Sea below High-water Mark, or of any Inclosures, Embankments, and, Encroachments made therefrom or thereupon respectively within the County of Durham, and after deducting thereout all Costs, Charges, and Expenses in anywise incidental to the Sale or Management or Recovery of such Property, shall be divided into Moieties, and one Moiety of such Rent, Profits, Monies, and Proceeds shall be applied by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues as Part of the Hereditary Possessions and Land Revenues of the Crown, in the Manner prescribed by an Act passed in the Tenth Year of the Reign of His late Majesty King George the Fourth, Chapter Fifty, and the other Moiety thereof shall be paid by the same Commissioners to the Ecclesiastical Commissioners for England; but, notwithstanding this Provision for the Apportionment of the said Rents, Profits, Monies, and Proceeds, the said Ecclesiastical Commissioners shall have no Right to interfere with the Management or Disposition of such Property, which shall be managed and disposed of in all respects as Part and Parcel of the Hereditary Possessions of the Crown, and as if no such Provision as last aforesaid had been made.

V Forfeitures and other Jura Regalia vested in Her Majesty in right of Her Crown.

All Forfeitures of Lands or Goods for Treason or otherwise, and all Mines of Gold and Silver, Treasure Trove, Escheats, Fines and Amerciaments, and all Jura Regalia, of what Nature or Kind soever, (other than any Estate and Interest in the Beds and Shores of navigable Rivers so far as the Tide flows, and in the Shore of the Sea, and any Inclosures, Embankments, and Encroachments therefrom or thereupon respectively, and as to which Premises Provision is herein-before contained,) which under the Provisions of the recited Act are vested in Her Majesty in right of the County Palatine of Durham, shall be and the same are hereby vested in Her Majesty, Her Heirs and Successors, in right of the Crown, and shall be exerciseable and recoverable, and the Proceeds therefrom shall be applied accordingly.

VI General Saving.

Saving always to all and every Persons and Person, and Bodies Politic and Corporate, their, his, and her Heirs, Executors, Administrators, and Successors, (other than in the Cases already provided for and intended to be provided for by this Act,) all such Estates, Rights, Titles, and Interests as they and every or any of them had and enjoyed before the passing of the Act, or could or might have had or enjoyed in case this Act had not been passed.