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Dean Forest (Mines) Act 1838

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IIFor Appointment of new Commissioners.

And be it enacted, That in case the said Commissioners or any of them, or any Person to be appointed a Commissioner by virtue of this Act, shall die, or refuse or neglect to act, or shall be removed or become incapable of acting, then the Barons of Her Majesty's Court of Exchequer shall, from Time to Time, on summary Application made to them for that Purpose, refer it to a Master of the said Court to approve of a fit Person to be appointed a Commissioner in the Stead of such Commissioner or Commissioners so dying, or refusing or neglecting to act, being removed, or becoming incapable of acting, and on such Approval being confirmed by an Order of the said Court such Person so appointed shall be a Commissioner for the Execution of this Act; and if the said Commissioner who shall so die, refuse or neglect to act, or be removed, or become incapable of acting as aforesaid, shall be the said Thomas Sopwith, or any Commissioner to be appointed in his Stead, then the aforesaid Application, and the Proposal of a fit Person to be so appointed, shall be made by the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings on behalf of Her Majesty; and if the Commissioner who shall so die, refuse or neglect to act, or be removed, or become incapable of acting, shall be the said John Probyn, or any Commissioner to be appointed in his Stead, then the said Application, and the Proposal of a fit Person to be so appointed, shall be made by any Three or more Persons, being Free Miners of the said Forest and Hundred ; and on the Behalf of the Free Miners several Persons may be proposed, so as Three or more join in the Proposal; and if the said Commissioner who shall so die, refuse or neglect to act, or be removed, or become incapable of acting, shall be the said John Buddle, or any Commissioner to be appointed in his Stead, then the said Application, and the Proposal of a fit Person to be so appointed, shall be made by the other Two Commissioners acting under this Act; and if they cannot "agree on a Person to be so named, then each of the said Two Commissioners may name a fit Person for the Approbation of the said Court, who shall select and appoint a Commissioner accordingly ; but nevertheless every Commissioner to be appointed in the Place of the said John Buddle shall be a Mining Engineer : Provided always, that all the Expences attending the making any such Application by or on behalf of the Free Miners shall be borne by the Parties making the same, and the Expences of any Application to be made by the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or of the said Two Commissioners hereby appointed, shall be borne by the said Commissioners of Woods, Forests, Land Revenues, Works, and Buildings.

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