An Act to make better Provision for the Management of the Woods, Forests, and Land Revenues of the Crown, and for the Direction of Public Works and Buildings.
[1st August 1851]
WHEREAS by an [10 G. 4. c. 50.] Act of the Tenth Year of King George the Fourth, Chapter Fifty, the Possessions and Land Revenues of the Crown to which the said Act relates, in England or Wales, in Ireland, in the Isle of Man and its Dependencies, and the Isle of Alderney, were placed or continued under the Management of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, and of their Successors, to be from Time to Time appointed as therein mentioned : And whereas by an [2 & 3 W. 4. c. 1.] Act of the Session of Parliament holden in the Second and Third Years of King William the Fourth, Chapter One, it was enacted, that it should be lawful for His Majesty, His Heirs and Successors, from Time to Time, by Letters Patent under the Great Seal, to appoint, in the Place of the Commissioners of Woods, Forests, and Land Revenues, and of the Surveyor General of His Majesty's Works and Public Buildings, any Persons, not exceeding Three in Number, to be Commissioners for performing the Duties and exercising the Powers then performed and exerciseable by the Commissioners of His Majesty's Woods, Forests, and Land Revenues, and the Duties and Powers then performed and exerciseable by the Surveyor General of His Majesty's Works and Public Buildings ; the Persons so appointed to be called " The Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings : " And whereas under and by virtue of another [2 & 3 W. 4. c. 112.] Act of the same Session, Chapter One hundred and twelve, and an [3 & 4 W. 4. c. 69.] Act of the Session holden in the Third and Fourth Years of King William the Fourth, Chapter Sixty-nine, the Land Revenues of the Crown in Scotland (except as by the said Acts excepted) , were placed under the Management of the said Commissioners for the Time being of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings : And whereas the Powers of such Commissioners in relation. to the Possessions and Land Revenues of the Crown have been altered and extended by other Acts of Parliament : And whereas by the several Acts mentioned in the Schedule to this Act certain Duties and Powers have been imposed on and vested in the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, for and in relation to the Improvement of the Metropolis, and the other Purposes in such Acts mentioned : And whereas it is expedient that the Direction of Her Majesty's Works and Public Buildings, and such of the Duties imposed on the said Commissioners appointed under the said "Act of the Second and. Third Years of King William the, Fourth as do not concern the Possessions sand Land Revenues of, the Crown, should be separated from the Management of such Possessions and Land Revenues :
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, as follows :
From and after the Commencement of this Act the Person who may then be the First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings shall be First Commissioner of Her Majesty's Works and Public Buildings under this Act, and the Persons who at the Time of the Commencement of this Act may be Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, except such First Commissioner, shall be Commissioners under this Act, by the Style of " The Commissioners of Her Majesty's Woods, Forests, and Land Revenues," and the Persons so to become respectively on the passing of this Act First Commissioner of Her Majesty's Works and Public Buildings, and Commissioners of Her Majesty's Woods, Forests, and Land Revenues, shall continue to hold their respective Offices during Her Majesty's Pleasure, and no longer, and it shall be lawful for Her Majesty, upon the Death of such Persons respectively; or on their Resignation or Removal of or from such respective Offices, and from Time to Time, thereafter, by Warrant under Her Royal Sign Manual, to appoint some other Persons to such respective Offices during Her Majesty's Pleasure.
Except as otherwise herein provided, all Duties and Powers which if this Act had not been passed would have been performed and exercised, and all Rights, Privileges, Hereditaments, Properties, and Exemptions whatsoever enjoyed by or vested in the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or the First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings for the Time being, shall be performed and exercised, enjoyed or vested, by and in the Commissioners of Her Majesty's Woods, Forests, and Land Revenues for the Time being under this Act ; and, except as otherwise provided by this Act, all Acts of Parliament, Deeds, Bonds, Contracts, Agreements, and other Instruments in which the Commissioners or First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or the Commissioners or First Commissioner of Her Majesty's Woods, Forests, and Land Revenues, are or is named or mentioned, shall apply to the Commissioners for the Time being of Her Majesty's Woods, Forests, and Land Revenues under this Act, as if such last-mentioned Commissioners had been originally named or mentioned in such Acts of Parliament, and named or mentioned in or made Parties to such Deeds, Bonds, Contracts, Agreements, and other Instruments respectively, instead of the Commissioners or Commissioner named or mentioned therein, or made Parties or Party thereto.
All such Powers of borrowing Money on Mortgage and other Powers as are vested in the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings by the Act of the Session of Parliament holden in the Fourth and Fifth Years of Her Majesty, Chapter Forty, and the Act of the Session of Parliament holden in the Seventh and Eighth Years of Her Majesty, Chapter One, shall be vested in and may be exercised by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues under this Act, with such Consent and Approbation and in such Manner as by the said Acts provided in relation to the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings; and for the Purposes of such Acts the Commissioners of Her Majesty's Woods, Forests, and Land Revenues shall be a Corporation, in the Place of the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings: Provided always, that so much of the said Acts as relates to the Purposes for which Money is to be borrowed under the said Acts, and the Application thereof, shall be repealed, and such Money shall and may be borrowed under the said Acts as amended by this Act for the Purpose of discharging any Mortgage Debt or Charge for the Time being affecting the Land Revenues of the Crown, and for no other Purpose, and such Money shall be applied accordingly : Provided also, that the Receipts in Writing of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues shall be sufficient Discharges for any Money so borrowed to the Persons or Bodies advancing the same, and such Persons or Bodies shall not be bound to see to the Application thereof.
So much of the said Acts of the Tenth Year of King George the Fourth, and of the Second and Third Years of King William the Fourth, Chapter One, as relates to the Salary of the First Commissioner, and so much of the said Acts as makes the Salaries of the Commissioners of Woods, Forests, and Land Revenues chargeable on the annual Income thereof, shall be repealed, and the Salaries of such Commissioners, and of the Officers, Clerks, and Messengers in the Office of the Commissioners of Woods, Forests, and Land Revenues, shall be defrayed out of such Monies as shall be from Time to Time provided by Parliament.
It shall be lawful for the Commissioners of Her Majesty's Treasury, from Time to Time, as they may see fit, by Order under their Hands, to assign to each of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues the Management or Direction of or in relation to any separate Part or Parts of the Woods, Forests, and Land Revenues under the Management of such Commissioners, and to assign to each of such Commissioners any of the Duties or Powers which but for such Assignment should or might be performed or exercised by such Commissioners jointly, and all Acts in relation to the Management or Direction, Duties or Powers, assigned as aforesaid to each of such Commissioners, may be done by the Commissioner to whom the same is or are assigned, and shall be as valid and effectual as if done by both such Commissioners; and neither of such Commissioners shall be responsible in respect of the Acts done by the other of them alone under this Provision, but each shall be responsible for his own Acts; and no Person, or Body Politic, Corporate, or Collegiate, claiming under any Deed or Instrument made or purporting to be made by One of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, under the Authority of this Act, and duly enrolled, shall be bound to inquire whether such Commissioner was authorized by any such Order as aforesaid or otherwise to make the same, but every Deed or Instrument which purports to be made by One of such Commissioners under the Authority of this Act shall, after the same has been duly enrolled, be good, valid, and effectual as against Her Majesty, Her Heirs and Successors, for the Purposes for which the same has been executed.
So much of the firstly-recited Act of the Second and Third Years of King William the Fourth, or of any other Act of Parliament, as provides that in Cases of Sales of the Possessions and Land Revenues of the Crown, where the Purchase Money shall not amount to the Sum of One hundred Pounds, it shall not be necessary to enrol the Conveyances by which such Sales shall be carried into effect, shall be repealed; and all Deeds or Instruments whereby any Estates, Manors, Lordships, Messuages, Lands, Tenements, or Hereditaments, in England or Wales, shall be hereafter purchased, sold, leased, charged, or exchanged, under the Authority of this Act, or of any Act now in force relating to the Possessions and Land Revenues of the Crown, shall, without reference to the Amount of the Purchase Money or other Consideration for the same, be enrolled in the Office of Land Revenue Records or Enrolments within the same Time and subject to the same Regulations and Provisions in all respects as by the said Acts or any of them is required or provided with respect to such Deeds or Instruments in Cases where the Purchase Money or other Consideration for the same amounts to or exceeds the Sum of One hundred Pounds : Provided nevertheless, that in all or any Cases in which the Purchase Money or other Consideration shall not amount in Value to the Sum of One hundred Pounds it shall be lawful for the Commissioners of Her Majesty's Treasury to direct by whom the Fees payable for the Enrolment, of any such Deeds or Instruments as aforesaid shall be paid; and in all Cases in which the Purchase or other Consideration shall not amount in Value to the Sum of One hundred Pounds, the Deposit in the said Office, and the filing by the Keeper of the Records and Enrolments, of a Duplicate of the Deed or Instrument (either wholly written, or partly written and partly printed,) shall be deemed a sufficient and complete Enrolment.
Subject to the Powers herein given to the Commissioners of Her Majesty's Treasury in relation to such Officers, the Officers who at the Commencement of this Act are in the Department or under the Control and Direction of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings shall be in the Department or under the Control and Direction of and shall be removable by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues ; and all Officers hereafter to be appointed for such Department shall be appointed by the Commissioners of Her Majesty's Treasury, and may be removed by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues.
Provided always, That it shall be lawful for the Commissioners of Her Majesty's Treasury at any Time to abolish or reduce any Office or Offices in the Department or under the Control and Direction of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues under this Act, or any Office or Offices connected with the Management of the Possessions and Land Revenues of the Crown, or the Collection and Receipt of the Income thereof, which to the said Commissioners of Her Majesty's Treasury may appear useless, and to make such Compensation as they may deem reasonable to the Holders of any Offices to be abolished or reduced, or to make any Arrangement in relation to any Office, or the Performance of the Duties thereof, which may appear to them expedient, reference being always had in respect to the Grant of such Compensation to the Provisions and Enactments of the Act 4 & 5 William 4th, Cap. 24, in so far as relates to the Rates of Grants and Periods of Service.
Except as otherwise provided by this Act, and subject to the Powers vested in the Commissioners of Her Majesty's Treasury under this Act, all Monies which at the Time of the Commencement of this Act shall be in the Bank of England, in the Bank of Ireland, in the Royal Bank of Scotland, or in any other Bank, placed to the Credit of any Account or Accounts under the Control of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall forthwith be transferred, and the Governors and Managers of such Banks respectively are hereby authorized and required to transfer the same Monies respectively, to the Credit of a like Account under the Control of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues ; and all Government Annuities, Stocks, Funds, and Securities which at the Time aforesaid shall be standing in the Books of the Governor and Company of the Bank of England, in the Names of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall forthwith be transferred, and the Governor and Company of the Bank of England are -hereby required and authorized to transfer the same, into the Names of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues.
And whereas by the said Act of the Second and Third Years of King William the Fourth it is enacted, that any One of the Commissioners of Woods, Forests, Land Revenues, Works, and Buildings for the Time being, and no more, shall be capable of sitting and voting as a Member of the House of Commons:
The said recited Enactment shall be repealed ; and neither of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues for the Time being under this Act shall be capable of being elected or of sitting or voting as a Member of the House of Commons.
It shall be lawful for Her Majesty at any Time hereafter, by and with the Advice of Her Privy Council, in case Her Majesty so think fit, to order that Her Majesty's Woods, Forests, and Land Revenues shall be under the Management of a Surveyor General, as herein provided.
It shall be lawful for Her Majesty, from Time to Time, after the making of such Order, by Warrant under Her Royal Sign Manual, to appoint a Person to be during Her Majesty's Pleasure " The Surveyor General of Her Majesty's Woods, Forests, and Land Revenues;" and there shall be paid to such Surveyor General for the Time being such Salary not exceeding One thousand five hundred Pounds per Annum, as shall be from Time to Time appointed by the Commissioners of Her Majesty's Treasury.
From and after the First Appointment of the Surveyor General of Her Majesty's Woods, Forests, and Land Revenues as aforesaid, the Appointment of Commissioners of Her Majesty's Woods, Forests, and Land Revenues shall cease; and all Duties, Powers, Rights, Privileges, Hereditaments, Properties, and Exemptions whatsoever which if such Appointment of a Surveyor General had not been made would or might have beep performed, exercised, or enjoyed by or vested in the Commissioners of Her Majesty's Woods, Forests, and Land Revenues for the Time being, shall be performed, exercised, and enjoyed by and vested in the said Surveyor General for the Time being; and all Acts of Parliament, Deeds, Bonds, Contracts, Agreements, and other Instruments in which the Commissioners of Her Majesty's Woods, Forests, and Land Revenues are named or mentioned, or which under the Provisions of this Act are applicable to such Commissioners, shall apply to such Surveyor General for the Time being, in like Manner as they would have been applicable to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues under this Act, and in the Stead of such Commissioners.
It shall be lawful for the Commissioners of Her Majesty's Treasury, after the Appointment of such Surveyor General as aforesaid, to appoint a Person, being by Education and Profession a Land Surveyor, to be an Itinerant Surveyor of the Possessions and Land Revenues of the Crown, and to assign to such Itinerant Surveyor such Duties and Powers, to be exercised under the Control and Direction of the Surveyor General, in relation to the Management of the said Possessions aud Land Revenues, as such Commissioners may think fit; and such Salary shall be paid to such Itinerant Surveyor as may be from Time to Time appointed by the said Commissioners, and he shall be removable from such Office by the said Commissioners if they see fit.
Her Majesty's Principal Secretaries of State for the Time being, and the President and Vice President for the Time being of the Committee of Council appointed for the Consideration of Matters relating to Trade and Foreign Plantations, shall by virtue of their respective Offices be Commissioners of Her Majesty's Works and Public Buildings in conjunction with the Person who for the Time being shall be First Commissioner of Her Majesty's Works and Public Buildings under this Act, and shall with such Person be styled " The Commissioners of Her Majesty's Works and Public Buildings."
It shall be lawful for the Commissioners of Her Majesty's Works and Public Buildings, from Time to Time, with the Approval of the Commissioners of Her Majesty's Treasury, to appoint or employ such Architects, Surveyors, and other Officers of a similar Character, as the said Commissioners of Her Majesty's Works and Public Buildings may deem necessary ; and it shall be lawful for the Commissioners of Her Majesty's Treasury to appoint a Secretary, and such Clerks, Messengers, and Officers (except such Officers as aforesaid) as they may deem necessary for the Business of the said Department; and the Officers for the Time being of the said Department, or any of them, may be removed by the Commissioners of Her Majesty's Public Works and Buildings.
There shall be paid to the First Commissioner of " Her Majesty's Works and Public Buildings " such Salary, not exceeding Two thousand Pounds per Annum, and to the said Secretary, Clerks, Messengers, and Officers such Salaries as shall be from Time to Time appointed by the Commissioners of Her Majesty's Treasury; but no Commissioner of Her Majesty's Works and Public Buildings, other than such First Commissioner, shall have any Salary for acting in the Execution of this Act.
Provided always, That it shall be lawful for the Commissioners of Her Majesty's Treasury to direct that all or any of the Surveyors, Clerks, or Officers employed at the Commencement of this Act by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, wholly or in part, in relation to the Duties to be performed by the Commissioners of Her Majesty's Works and Public Buildings, be transferred to and employed by such last-mentioned Commissioners: Provided also, that such Transfer, or the Employment or Appointment to Office under the Commissioners of Her Majesty's Works and Public Buildings, of any Person now employed by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall be deemed to be a continuing Employment, and shall not prejudice any Claims which such Person might have been held to possess in respect of Continuity or Length of public Service if no such Transfer or Appointment had been made.
The Salaries of the Surveyors, Clerks, and Officers transferred as aforesaid, and all Charges in relation thereto, shall cease to be chargeable on the annual Income of the Possessions and Land Revenues of the Crown, and shall be paid as herein provided concerning the other Expenses of the Commissioners of Her Majesty's Works and Public Buildings.
The First Commissioner of Her Majesty's Works and Public Buildings for the Time being shall be capable of being elected and of sitting and voting as a Member of the House of Commons ; and no Person who shall first be appointed or become such First Commissioner upon the Commencement of this Act, and shall be at the Time of such Commencement First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, having at the Time of such Appointment a Seat in the Commons House of Parliament, shall, by reason of such Appointment, thereby vacate his Seat in Parliament.
After the Commencement of this Act all the Duties and Powers which would have been performed and exercised by the Surveyor General of Her Majesty's Works and Public Buildings if the said Act of the said Second and Third Years of King William the Fourth had not been passed, and the Exemptions and Privileges which would have been enjoyed by the said Surveyor General if such Act had not been passed, so far as such Duties and Powers, Exemptions and Privileges, are not inconsistent with the Enactments of this Act, shall be performed, exercised, and enjoyed by such Commissioners of Her Majesty's Works and Public Buildings for the Time being ; and all Acts of Parliament, Deeds, and other Instruments, in which the Surveyor General of Works and Public Buildings is mentioned, so far as the said Deeds and Instruments are now in force, and so far as the Enactments of the said Acts are not inconsistent with the Enactments of this Act, shall apply to the Commissioners of Her Majesty's Works and Public Buildings for the Time being, as if such Commissioners of Her Majesty's Works and Public Buildings had been originally named or mentioned in such Acts of Parliament, or named or mentioned in or made Parties to such Deeds and Instruments respectively, instead of such Surveyor General.
The Commissioners of Her Majesty's Works and Public Buildings for the Time being shall perform and exercise the Duties and Powers of Management and all other Duties and Powers which if this Act had not been passed would have been performed and exercised by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings of and in relation to the Royal Parks, Gardens, and Possessions herein-after mentioned ; (that is to say,)
Saint James's, }
Hyde, and } Parks,
Green }
Kensington Gardens,
Chelsea Gardens,
The Treasury Garden,
Parliament Square Garden,
Regent's Park,
Primrose Hill,
Victoria Park,
Battersea Park,
Greenwich Park,
Kew Gardens, Pleasure Grounds, and Green,
Kew and Richmond Roads,
Hampton Court Gardens, Green, and Road,
Hampton Court Park,
Richmond Park and Green,
Bushy Park,
The Phoenix Park, and
Holyrood Park;
And the Commissioners or First Commissioner of Her Majesty's Works and Public Buildings for the Time being shall also perform and exercise all the Duties and Powers under the several Acts mentioned in the Schedule to this Act which would have been performed and exercised by the Commissioners or First Commissioner for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings if this Act had not been passed, except as herein-after provided; and all such Acts shall, except as herein-after provided, be construed to apply to the Commissioners or First Commissioner of Her Majesty's Works and Public Buildings for the Time being, as if such Commissioners or First Commissioner had been originally named or mentioned therein instead of the Commissioners or First Commissioner of Woods, Forests, and Land Revenues, or of Woods, Forests, Land Revenues, Works, and Buildings (as the Case maybe); and every such Act whereby the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings have been constituted a Corporation for the Purposes of such Act shall after the Commencement of this Act be read and construed as if the Commissioners of Her Majesty's Works and Public Buildings had been thereby incorporated by the Name of " The Commissioners of Her Majesty's Works and Public Buildings," and the perpetual Succession, Use of Common Seal, and other Rights and Privileges and Powers whatsoever, thereby given to or vested in the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall be deemed and construed to have been thereby given to and vested in the Commissioners of Her Majesty's Works and Public Buildings.
Provided always, That all such Houses, Gardens, and Portions of Ground within any of the Royal Parks herein-before mentioned as are now leased or agreed to be leased shall be under the Management of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues; and all the Powers of leasing such Parts of Victoria Park and Regent's Park respectively as if this Act had not been passed might from Time to Time be leased by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and all Powers in relation to the Parts so to be leased which would have been vested in or might have been exercised by such last-mentioned Commissioners, shall be vested in and may be exercised by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues.
After the Commencement of this Act the First Commissioner of Her Majesty's Works and Public Buildings for the Time being shall come in the Place and be the Successor of the First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings as an Inclosure Commissioner for England and Wales, a Commissioner of Greenwich Hospital, a Commissioner for carrying into execution the Acts relating to Highland Roads and Bridges, One of Her Majesty's Commissioners for building new Churches, and a Member and the President of the General Board of Health.
The Salaries of the First Commissioner of Her Majesty's Works and Public Buildings, and the Salaries, Superannuations, and Retired Allowances of the Officers in the Department of the Commissioners of Her Majesty's Works and Public Buildings, and the incidental Expenses of such Department, and all the Expenses to be incurred by the Commissioners of Public Works, or any of them, in the Performance and Exercise of the Duties and Powers vested in such Commissioners under this Act, save such Expenses as shall be defrayed out of Monies provided by or under the Acts mentioned in the Schedule to this Act, or out of Monies to be transferred to the Credit of or to be payable to or applicable by such Commissioners under the Provisions herein-after contained, shall be defrayed out of such Monies as shall be from Time to Time provided by Parliament; provided always, that the Profits of the Herbage, and like Profits during the natural Life of Her Majesty of the Parks Gardens, and Possessions placed under the Management of such Commissioners by this Act, after Payment thereout of any Tithe Rentcharges or other like Charges for the Time being issuing out of or charged on such Parks, Gardens, and Possessions, shall be carried to and form Part of the Consolidated Fund of the United Kingdom.
Anything by this Act authorized to be done by the Commissioners of Her Majesty's Works and Public Buildings, and anything which by any future Act may be authorized to be done by such Commissioners, unless express Provision to the contrary be made by such future Act, may be done by any Two of such Commissioners or by the First Commissioner of Her Majesty's Works and Public Buildings.
All the Lands, Tenements, Hereditaments, and Property whatsoever which at the Commencement of this Act shall be vested in the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, in a corporate Capacity or otherwise, and whether so vested in such Commissioners alone or jointly with others, under or for the Purposes of any of the Acts mentioned in the Schedule to this Act, shall upon the Commencement of this Act be vested in the Commissioners of Her Majesty's Works and Public Buildings, and their Successors, in the like corporate Capacity or otherwise, as the Case may require, alone or jointly as aforesaid, for the Estate or Interest and Purposes and subject to the Rights and Equities for and subject to which the same respectively were vested in the Commissioners of Woods, Forests, Land Revenues, Works, and Buildings
Subject to the Powers vested in the Commissioners of Her Majesty's Treasury under this Act, all Monies which at the Time of the Commencement of this Act shall be in the Bank of England, in the Bank of Ireland, in the Royal Bank of Scotland, or in any other Bank, placed to the Credit of any Account or Accounts under the Control of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, Works, and Buildings, under or for the Purposes of any of the Acts mentioned in the Schedule to this Act, or for the Purposes of any Duties or Powers vested in the Commissioners of Her Majesty's Works and Public Buildings under this Act, shall forthwith after the Commencement of this Act be transferred, and the Governors and Managers of such Banks respectively are hereby authorized and required to transfer the same Monies respectively, to the Credit of a like Account under the Control of the Commissioners of Her Majesty's Works and Public Buildings, and all Monies which would have been payable to or applicable by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, under or for the Purposes of any of such last-mentioned Acts, or for the Purposes of any of the Duties or Powers vested in the Commissioners of Her Majesty's Works and Public Buildings under this Act, shall be payable to and applicable by such last-mentioned Commissioners ; and all Government Annuities, Stocks, Funds, and Securities which at the Time of the Commencement of this Act shall be standing in the Books of the Governor and Company of the Bank of England, in the Names of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, under or for the Purposes of any of the Acts mentioned in the Schedule to this Act, shall forthwith after the Commencement of this Act be transferred, and the Governor and Company of the Bank of England are hereby required and authorized to transfer the same, to Accounts to be opened in the Name of the Commissioners of Her Majesty's Works and Public Buildings for the like Purposes; and the Order of the Commissioners of Her Majesty's Treasury for the Transfer to the Credit or into the Names of the Commissioners of Her Majesty's Works and Public Buildings of any Monies, Annuities, Stocks, Funds, or Securities mentioned in such Order, standing to the Credit or in the Names of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall be a sufficient Authority for such Transfer.
Provided always, That nothing herein contained shall annul or prejudice any Sale, Purchase, Exchange, Contract, Mortgage, Security, Charge, or other Act, Matter, or Thing which shall have been made, done, created, entered into, or commenced by, or any Action, Suit, or Proceeding whatsoever which shall have been commenced or instituted by or against the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings; and the Commissioners of Her Majesty's Woods, Forests, and Land Revenues under this Act, for the Purpose of prosecuting or defending and carrying on all Actions, Suits, or Proceedings which shall be pending at the Time of the Commencement of this Act, (and that without the Necessity of substituting the Names of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues in lieu of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and whether such Actions, Suits, or Proceedings be or be not in relation to Duties or Powers which are to remain within their Cognizance, or may have been commenced or instituted under the Acts mentioned in the Schedule to this Act, or otherwise,) shall come into the Place of and be deemed to be the Successors of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings.
Provided also, That where any Action, Suit, or Proceeding instituted or commenced before the Commencement of this Act, by or against the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, in respect of any Duties or Powers vested in the Commissioners of Her Majesty's Works and Public Buildings under this Act, shall be then pending, and shall be prosecuted, defended, or carried on, by or in the Name of the Attorney General or of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues for the Time being under this Act, all the Expenses incident to such Actions, Suits, and Proceedings, after the Commencement of this Act, shall be deemed Expenses of the Commissioners of Her Majesty's Works and Public Buildings, unless the Commissioners of Her Majesty's Treasury for the Time being shall otherwise direct.
Where any Contract has been entered into by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings in respect of any Duties or Powers vested in the Commissioners of Her Majesty's Works and Public Buildings under this Act, and such Contract has not been fully performed and completed before the Commencement of this Act, the same may be enforced and shall be performed and completed in like Manner as if the Commissioners of Her Majesty's Works and Public Buildings had been named therein or made Parties thereto instead of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings; and where any Contract has been entered into as aforesaid, as well in respect of other Duties or Matters as in respect of Duties and Powers vested in the said Commissioners of Her Majesty's Works and Public Buildings under this Act, or where it appears to the Commissioners of Her Majesty's Treasury that Doubts may arise whether the Rights and Obligations upon and under any Contract which has been entered into by the said Commissioners of Woods, Forests, Land Revenues, Works, and Buildings are or are not transferred to the Commissioners of Her Majesty's Works and Public Buildings, it shall be lawful for the Commissioners of Her Majesty's Treasury to direct that such Contract may be enforced and shall be performed and completed by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or by the Commissioners of Her Majesty's Works and Public Buildings, as the Commissioners of Her Majesty's Treasury may see fit; and the Commissioners of Her Majesty's Treasury may direct by which Department the Expenses to be incurred in relation to such Contract shall be borne, and may apportion any such Expenses between the respective Departments; and the Benefit and Obligation of such Contract shall be deemed to be vested in Her Majesty or the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or the Commissioners of Her Majesty's Works and Public Buildings, (as the Case maybe,) according to such Direction, as if the Commissioners by whom the same is directed to be enforced, performed, and completed had been named therein or made Parties thereto instead of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings: Provided that nothing in this Act contained shall extend or be taken to prejudice or affect the Prerogative or Rights of Her Majesty, or the Right, Power, or Duty of Her Majesty's Attorney General, to sue or defend, or other Rights, Powers, or Duties of such Attorney General in regard to any Contract, or any Action, Suit, or Proceeding, whether such Contract, or such Action, Suit, or Proceeding, shall affect or concern the Department of Her Majesty's Woods, Forests, and Land Revenues, or the Department of the Commissioners of Her Majesty's Works and Public Buildings.
The Commissioners of Her Majesty's Works and Public Buildings and Commissioners of Her Majesty's Woods, Forests, and Land Revenues respectively shall for the Time being observe, perform, fulfil, and keep all and singular the Orders, Instructions, and Directions, not inconsistent with the Acts for the Time being in force in relation to their respective Offices, which from Time to Time shall be made or given to them by the Commissioners of Her Majesty's Treasury for the Time being, touching or concerning the Execution and Discharge of the Duties of such Offices, and for the effectual Division, Distribution, and Arrangement of the Duties and Powers which are to be performed and exercised by such Commissioners of Her Majesty's Works and Public Buildings and of Woods, Forests, and Land Revenues respectively.
All Instructions, Orders, and Directions which, in pursuance of and conformably to the Directions of any Act or Acts of Parliament, the Commissioners of Her Majesty's Treasury have heretofore prepared, and transmitted to the Surveyor General, for the Conduct of the Business of the Office of Works, or for the Regulation or Control of the Expenditure thereof in any of its Branches or Departments, or concerning the Duties of the Office of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, shall be binding upon, observed, and kept by the Commissioners of Her Majesty's Works and Public Buildings, and the Commissioners of Her Majesty's Woods, Forests, and Land Revenues respectively, in relation to their respective Departments, in like Manner as the same Instructions, Orders, and Directions respectively are now binding upon and are or ought to be observed and performed by the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, until such Instructions, Orders, and Directions respectively shall be revoked or varied under the Power herein contained.
In case it appear to the Commissioners of Her Majesty's Treasury for the Time being that it is expedient that any Duties or Powers which under the Provisions of any Local or Personal Act are vested in the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and are under the Provisions of this Act transferred to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, should be transferred to the Commissioners of Her Majesty's Works and Public Buildings, it shall be lawful for the. Commissioners of Her Majesty's Treasury, by Order under their Hands, to transfer such Duties or Powers accordingly; and from and after the Time in such Order mentioned, and subject to the Provisions of such Order, such Duties or Powers shall be vested in the Commissioners of Her Majesty's Works and Public Buildings: Provided always, that no such Order shall be made for the Transfer as aforesaid of any Duties or Powers vested under this Act in the Commissioners of Her Majesty's Woods, Forests, and Land Revenues without Her Majesty's Warrant under Her Royal Sign Manual for that Purpose obtained.
All the Powers and Authorities which under an Act of the Session holden in the Eleventh and Twelfth Years of Her Majesty, Chapter One hundred and two, mentioned in the Schedule to this Act, are vested in the Commissioners of Her Majesty's Treasury, for making from Time to Time Rules and Regulations and General and Special Orders with respect to the Receipt and Payment of Monies by or on behalf of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, the Persons to be employed in conducting such Receipts and Payments, and the Manner, Form, and Place in which the Accounts of such Receipts and Payments shall be kept, and with respect to . the Payment and Transfer of Monies from and into any general or special, particular or separate Account of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and with respect to the Form in which such Cheques or Orders for the Payment of Monies placed to any Account of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings shall be drawn, and with respect to the Appointment of Persons to draw such Cheques or Orders in the Names of such Commissioners, and to countersign such Cheques, shall extend and be applicable and be exercised concerning the like Matters in relation to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues and the Commissioners of Her Majesty's Works and Public Buildings respectively under this Act, in the same Manner as if the Provisions of the said Act of the Eleventh and Twelfth Years of Her Majesty, concerning such Powers and Authorities, were repeated and re-enacted in this Act, and the Commissioners of Her Majesty's Woods, Forests, and Land Revenues and the Commissioners of Her Majesty's Works and Public Buildings respectively were in every Case substituted for the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings.
The Commissioners of Her Majesty's Treasury shall also have Power to make from Time to Time such further or other Rules and Regulations as they may deem necessary, in relation to the Collection and Receipt of such Land Revenues, and to the Payments thereout to Her Majesty's Exchequer or otherwise, and to appoint such Officer or Officers as shall be required for that Purpose, and for keeping the Accounts of the said Revenues, and for rendering such Accounts by such Officer or Officers to the Commissioners for auditing the Public Accounts, for the Audit of the said Commissioners under the Powers vested in them by Law.
The Commissioners of Woods, Forests, and Land Revenues shall prepare and transmit to the Commissioners for auditing the Public Accounts, on or before the Thirtieth Day of November in each Year, Abstract Accounts, classed under distinctive Headings, of the Receipt and Expenditure of the Capital and of the Income, derived from the Possessions and Land Revenues of the Crown, and of any other Funds under their Control and Management, in the Year ended the Thirty-first Day of March preceding; and the Commissioners for auditing the Public Accounts shall examine the said Accounts, and certify their Conformity or otherwise with the Provisions of the Acts of Parliament by which the Receipt and Expenditure of the Funds under the Control and Management of the Commissioners of Woods, Forests, and Land Revenues are regulated, with the like Powers, and under the like Authorities, Regulations, and Restrictions, as those which are in force with respect to the annual Accounts of the Sums granted and expended for Naval and Military Services under the Provisions of an [9 & 10 Vict. c. 92.] Act passed in the Tenth Year of Her present Majesty Victoria, intituled An Act to provide for the Preparation, Audit, and Presentation to Parliament of annual Accounts of the Receipt and Expenditure of the Naval and Military Departments : Provided always, that nothing herein contained shall be construed to supersede or in any Manner affect the detailed Examination and Audit of the Accounts of the Commissioners of Woods, Forests, and Land Revenues, or of those of the Commissioners of Her Majesty's Works and Public Buildings, established by an [7 & 8 Vict. c. 89.] Act passed in the Eighth Year of the Reign of Her present Majesty, intituled An Act for auditing the Accounts of the Commissioners of Woods, Forests, Land Revenues, Works, and Buildings, or of the Regulations under which such Accounts are rendered.
The Commissioners of Her Majesty's Works and Public Buildings shall in like Manner prepare and transmit to the Commissioners for auditing the Public Accounts, on or before the Thirtieth Day of November in each Year, Abstract Accounts, classed under distinctive Headings, of the Receipt and Expenditure of the Monies granted or otherwise received and appropriated in the Department under their Control and Management, in the Year ended the Thirty-first Day of March preceding; and the Commissioners for auditing the Public Accounts shall examine and certify the same, in like Manner as those of the Commissioners of Woods, Forests, and Land Revenues aforesaid.
The Commissioners for auditing the Public Accounts shall transmit Copies of the said Accounts of the Commissioners of Woods, Forests, and Land Revenues, and of the Commissioners of Her Majesty's Works and Public Buildings, examined and certified as herein provided, together with their Reports thereon, on or before the Thirty-first Day of January following the Thirtieth Day of November aforesaid, to the Commissioners of the Treasury, who shall lay the same before the House of Commons on or before the Thirty-first Day of March following, if Parliament be then sitting, and if not then within One Fortnight after Parliament shall be next assembled.
Nothing herein contained shall extend or be construed to extend to abridge or interfere with any Rights of Her Majesty,
or of the Lord High Treasurer or the Commissioners of Her Majesty's Treasury, or the Chancellor of the Exchequer for the Time being, or any Grantee of the Crown, in respect of any Appointment usually made by Her Majesty, or the said Lord High Treasurer or Commissioners, or the Chancellor of the Exchequer, or such Grantee, or with the Right of Appointment of Master Keepers, Under Keepers, or other Officers of or in any Royal Forest, so long as such last-mentioned Right shall be vested in any Warden or Ranger of any such Forest, or with any Privileges or Advantages which may be rightfully enjoyed or claimed under any Letters Patent granted by Her Majesty or Her Predecessors of any Office, Bailiwick, Walk, or Lodge within any of the Royal Forests to which this Act relates.
This Act shall commence and take effect on the Tenth Day of October One thousand eight hundred and fifty-one, except as regards the Payment of the Salaries and Charges in relation thereto, in which respect this Act shall take effect from and after the Thirty-first Day of March One thousand eight hundred and fifty-two.
[4 G. 4. c. 74. (Holyhead Roads.)] An Act for vesting in Commissioners the Bridges now building over the Menai Straits and the River Conway, and the Harbours of Howth and Holyhead, and the Road from Dublin to Howth, and for the further Improvement of the Road from London to Holyhead
[9 G. 4. c. 25. (Holyhead Roads.)] An Act for the further Improvement of the Road from London to Holyhead, and of the Road from London to Liverpool.
[3 & 4 W. 4. c. 43. (Holyhead Roads.)] An Act for transferring to the Commissioners of His Majesty's Woods and Forests the several Powers now vested in the Holyhead Road Commissioners, and for discharging the last-mentioned Commissioners from the future Repairs and Maintenance of the Roads, Harbours, and Bridges now under their Care and Management.
[4 & 5 W. 4. c. 66. (Menai and Conway Bridges.)] An Act for empowering the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings to pay the net Proceeds of the Tolls of the Menai and Conway Bridges in" the Receipt of His Majesty's Exchequer at Westminster, to the Account of the Consolidated Fund.
[5 & 6 W. 4. c. 21. (Shrewsbury and Holyhead Roads.)] An Act to amend and alter an Act of the Fifty-ninth Year of His late Majesty King George the Third, for vesting in Commissioners the Line of Road from Shrewsbury in the County of Salop to Bangor Ferry in the County of Carnarvon, and for discharging the Trustees under the several Acts of the Seventeenth, Twenty-eighth, Thirty-sixth, Forty-first, Forty-second, Forty-seventh, and Fiftieth Years of His then present Majesty from the future Repair and Maintenance thereof, and for repealing so much of the said Acts as affects the said Line of Road.
[6 & 7 W. 4. c. 35. (Holyhead Roads.)] An Act for further improving the Road between London and Holyhead, by Coventry, Birmingham, and Shrewsbury.
[2 & 3 Vict. c. 80. (Metropolis Improvements.)] An Act to empower the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings to raise a Sum of Money for making additional Thoroughfares in the Metropolis.
[3 & 4 Vict. c. 12. (Metropolis Improvements.)] An Act to enable Her Majesty's Commissioners of Woods to make a new Street from Coventry Street, Piccadilly, to Long Acre, and for other Improvements in the Metropolis.
[3 & 4 Vict. c. 87. (Metropolis Improvements.)] An Act to enable Her Majesty's Commissioners of Woods, Forests, Land Revenues, Works, and Buildings to make additional Thoroughfares in the Metropolis.
[3 & 4 Vict. c. 104. (Holyhead Roads.)] An Act to transfer to the Commissioners of Her Majesty's Woods and Works the several Powers now vested in the Commissioners for repairing the Line of Road from Shrewsbury in the County of Salop to Bangor Ferry in the County of Carnarvon ; and to amend the London and Holyhead Road Acts, so far as relates to the Dunstable Road.
[4 & 5 Vict. c. 12. (Metropolis Improvements.)] An Act to enable Her Majesty's Commissioners of Woods to make a new Road from Coventry Street, Piccadilly, to Long Acre, arid for other Improvements in the Metropolis.
[5 & 6 Vict. c. 64. (Metropolis Improvements.)] An Act for regulating the Priorities of Monies authorized to be charged on a Fund called " The London Bridge Approaches Fund."
[7 & 8 Vict. c. 60. (Trafalgar Square.)] An Act to provide for the Care and Preservation of Trafalgar Square in the City of Westminster.
[7 & 8 Vict. c. 84. (Metropolitan Buildings Act.)] An Act for regulating the Construction and the Use of Buildings in the Metropolis and its Neighbourhood.
[8 & 9 Vict. c. 17. (Metropolis Improvements, Clerkenwell.)] An Act for amending the Acts relating to the Street leading to Clerkenwell Green ; and for extending such Street, and making new Streets out of the same.
[8 & 9 Vict. c. 63. (Geological Survey.)] An Act to facilitate the Completion of a Geological Survey of Great Britain and Ireland, under the Direction of the First Commissioner for the Time being of Her Majesty's Woods and Works.
[8 & 9 Vict. c. 73. (Holyhead Roads.)] An Act to enable the Commissioners of Her Majesty's Woods and Works to apply certain Monies now in their Hands towards discharging the Incumbrances affecting the Shrewsbury and Holyhead Roads.
[8 & 9 Vict. c. 101. (Penny Coal Duties.)] An Act to continue until the Fifth Day of July One thousand eight hundred and sixty-two the Acts for regulating the Vend and Delivery of Coals in London and Westminster, and in certain Parts of the adjacent Counties, and to alter and amend the said Acts.
[8 & 9 Vict. c. 178. (Westminster Improvements.)] An Act for improving Parts of the City of Westminster.
[9 & 10 Vict. c. 5. (Metropolitan Buildings Act.)] An Act to amend an Act for regulating the Construction and Use of Buildings in the Metropolis and its Neighbourhood.
[9 & 10 Vict. c. 34 (Spitafields Improvements).] An Act to enable the Commissioners of Her Majesty's Woods to construct a new Street from Spitalfields to Shoreditch.
[9 & 10 Vict. c. 38. (Battersea Park.)] An Act to empower the Commissioners of Her Majesty's Woods to form a Royal Park in Battersea Fields in the County of Surrey.
[9 & 10 Vict. c. 39. (Battersea Bridge and Chelsea Improvements.)] An Act to enable the Commissioners of Her Majesty's Woods to construct an Embankment and Roadway on the North Shore of the River Thames from Battersea Bridge to Vauxhall Bridge, and to build a Suspension Bridge over the said River at or near Chelsea Hospital, with suitable Approaches thereto, including a Street from Lower Sloane Street to the Northern Extremity of the Bridge.
[9 & 10 Vict. c. 106. (Preliminary Inquiries.)] An Act for making preliminary Inquiries in certain Cases of Applications for Local Acts.
[10 & 11 Vict. c. 24. (Portland Harbour.)] An Act to empower the Commissioners of Her Majesty's Woods to purchase Land for the Purposes of a Harbour of Refuge and Breakwater in the Isle of Portland in the County of Dorset.
[10 & 11 Vict. c. 76. (Holyhead Harbour.)] An Act to empower the Commissioners of Her Majesty's Woods to purchase Lands for the Purpose of a Harbour of Refuge at or near Holyhead in the County of Anglesea.
[10 & 11 Vict. c. 210. (Westminster Improvements.)] An Act to amend and enlarge the Powers and Provisions of the Westminster Improvement Act, 1845, and to authorize the Application of certain Rates in aid of the Improvements.
[11 & 12 Vict. c. 53. (Windsor.)] An Act to empower the Commissioners of Her Majesty's Woods to make certain Alterations and Improvements in the Approaches to the Castle and Town of Windsor.
[11 & 12 Vict. c. 102. (Battersea Park)] An Act to enlarge the Powers of an Act empowering the Commissioners of Her Majesty's Woods to form a Royal Park in Battersea Fields, to facilitate the raising of Monies authorized to be raised by the said Commissioners for Metropolitan Improvements, and to regulate and simplify the Mode of keeping the Accounts of the Commissioners of Her Majesty's Woods.
[11 & 12 Vict. c. 124. (London Bridge Approaches Fund.)] An Act to amend an Act of the last Session for varying the Priorities of the Charges made on " The London Bridge Approaches Fund," and to facilitate the Completion of certain Improvements in the City of Westminster.
[11 & 12 Vict. c. 129. (Prelimimary Inquiries.)] An Act for amending an Act passed in the Ninth and Tenth Years of Her present Majesty for making preliminary Inquiries in certain Cases of Applications for Local Acts.
[13 & 14 Vict. c. 103. (Metropolis Improvements.)] An Act to authorize further Charges on " The London Bridge Approaches Fund," for the Completion of certain Improvements in the Metropolis.
[13 & 14 Vict. c. 109. (Metropolis Improvements.)] An Act to enlarge and extend the Powers of an Act of the Ninth and Tenth Years of Her present Majesty, intituled " An Act to " enable the Commissioners of Her Majesty's Woods to construct a " new Street from Spitalfields to Shoreditch."
[13 & 14 Vict. c. 116. (Portland Harbour.)] An Act to amend an Act passed in the Tenth Year of Her present Majesty's Reign, for empowering the Commissioners of Her Majesty's Woods to purchase Land for a Harbour of Refuge and Breakwater, in the Isle of Portland, and to make further Provision for the Division and Application of the Purchase Money.
[13 & 14 Vict. c. 102. (Loc. and Per.) (Westminster Improvements.)] An Act for amending and enlarging the Powers and Provisions of " The Westminster Improvement Act, 1845," and " The Westminster " Improvement Act, 1847," to extend the Time for the compulsory Purchase of Lands, and for other Purposes.