A

BILL

FOR

Disafforesting the Forest of Whichwood.

[Note.-The Words printed in Italics are proposed to be inserted
in Committee.]

W

HEREAS the Queen's most Excellent Majesty in right of Preamble. Her Crown is seised to Herself, Her Heirs and Successors, of and in Whichwood Forest in the County of Oxford, and of and in the Soil thereof, and the Timber and other Trees, 5 Bushes, and Underwood standing and growing thereon: And whereas the said Forest is computed to contain in the whole Three thousand seven hundred and forty-two Acres One Rood and Five Perches or thereabouts, of which One thousand eight hundred and forty-one Acres or thereabouts are used as Coppice Land, and planted with 10 Coppices, and One thousand seven hundred and forty-one Acres and Thirty-five Perches or thereabouts consist of open Ridings, Plains, Woods, and Waste Lands, and the remaining Part of the said Forest, comprising One hundred and twenty seven Acres Two Roods and Ten Perches or thereabouts, consists of Two principal Lodges called 15 the Rangers Lodge and South Lawn Lodge, and Three inferior Lodges for Keepers, with the Lawns and other Lands inclosed therewith: And whereas there are adjacent or near to the said Forest several Coppices and other Lands known as Purlieus thereof: And whereas Her Majesty claims to be entitled to the Forestal Right of 20 Herbage and Feed for Her Deer, as well over the said Purlieus as

over the said Forest; but the Owners of the said Purlieus allege the
same to be free under the Provisions of various Acts of Parliament,
and especially of an Act passed in the Sixteenth Year of King Charles
the First, Chapter Sixteen: And whereas the said Owners claim to
be entitled to Allowances of Venison in return for the Deer Feed over 5
the said Purlieus or some of them: And whereas the said Purlieus as
well as the said Forest are subject to divers Rights of Common, Sheep-
walks, and other Rights and Interests: And whereas with respect to the
said Coppices, as well within the said Purlieus as within the said Forest,
the Custom has been to cut them every Eighteen Years, and after 10
each Cutting to inclose them for Eight Years, and then to throw them
open for the Deer and commonable Cattle until the next Cutting:
And whereas the Right Honourable Lord Churchill is or claims to
be entitled to the Offices of Ranger, Launder, and Four Bailiffs,
under and by virtue of a Grant thereof made by His late Majesty 15
King Charles the Second, in the Thirteenth Year of his Reign: And
whereas the said Lord Churchill and his Predecessors in the said
Offices have enjoyed the Use of the said several Lodges herein-before
mentioned, with the Lawns and other Lands inclosed therewith, and
of certain other detached Lands at Shipton Ascot and at Shorthampton, 20
held therewith, and have also received as the Emoluments of the said
Offices certain annual Payments from Her Majesty's Treasury, or
out of the Rents payable to Her Majesty on Leases of the said
several Coppices within the said Forest, and have also been accustomed
to appoint Five Keepers within the said Forest, whose Salaries are paid 25
by the said Ranger for the Time being: And whereas the said Forest
might be made much more valuable and productive if it were
disafforested, and the Deer removed therefrom: And whereas the
Continuance of the said Forest in its present State is injurious to the
Neighbourhood thereof, and the Disafforestation thereof would be 30
conducive to the Well-being of the said Neighbourhood: And
whereas Her Majesty has been graciously pleased to signify Her
Assent that the said Forest of Whichwood should be disafforested,
and the Royal Deer therein removed or destroyed, with all convenient
Speed, and that the Officers of Her Majesty of and for the said Forest 35
should be discharged, and that such Allotment should be made to
Her Majesty, in respect of Her Forestal Estate, Rights, and Interests
in and over and in respect of the said Forest of Whichwood, and in
respect of all Her Rights (if any) over the said Purlieus thereof, as
is herein-after provided, and that such Allotment and Compensation 40
should be made to the said Lord Churchill and the other Officers
of the said Forest, and that such Allotment or Allotments out
of the said Forest should be made for the exclusive Common and
Pasturage of the several Persons, Parishes, and Hamlets entitled
to Rights of Common or Sheepwalks over the said Forest or Part 45
thereof,

thereof, and that such Allotment or Compensation should be made for any other Rights and Privileges to which any Person or Persons are or may be entitled in, over, or in respect of the said Forest, as is herein-after provided: May it therefore please Your Majesty 5 that it may be enacted; and be it 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,

to be appointed

Act: One by

sioner in charge

by of the Royal

Forests, One by

Commissioners,

and the Third Justice of the Court of

by the Chief

Queen's Bench.

I. The Provisions of this Act (subject to the Provision herein-after Commissioners 10 contained with respect to the said Lord Churchill) shall be carried for the Purinto execution by Three Commissioners, of whom One shall be poses of the appointed in Writing by the Commissioner to whom the Charge of the Commis Her Majesty's Woods and Royal Forests is or may be assigned the Order of the Commissioners of Her Majesty's Treasury, One the Inclosure 15 other shall be appointed by the Inclosure Commissioners for England and Wales for the Time being, and the Third shall be appointed by the Lord Chief Justice of the Court of Queen's Bench for the Time being; and so often as any Vacancy shall occur by Death, Resignation, or Incapacity, a new Commissioner shall be appointed in like 20 Manner as the Commissioner whose Vacancy is to be supplied was appointed; and all such Commissioners so appointed shall for the Time being be the Commissioners for carrying this Act into execution, herein-after designated as "The Commissioners of this Act;" and all Acts and Powers to be performed by or given to the Com25 missioners of this Act, under the Provisions herein contained, may be performed or exercised by any Two of such Commissioners.

employ Land

II. It shall be lawful for the Commissioners of this Act from Commissioners may appoint a Time to Time to appoint a Clerk, and, if they shall think fit, to Clerk, and remove such Clerk, and on any Vacancy to appoint another Clerk, Surveyors and 30 and also to employ from Time to Time One or more Land Surveyors and Valuers, in such Manner as they shall think necessary.

Valuers.

of Woods, out

Revenues of

the Crown, subject to

Repayment), to

pay the Com

missioners and

III. The Commissioners of Woods, Forests, and Land Revenues, Commissioners with the Consent of the Commissioners of Her Majesty's Treasury, of the Land shall, out of the Land Revenues of the Crown, subject to Repayment 35 as herein-after mentioned, pay and allow to the Commissioners of this Act such Sum not exceeding the Sum of One thousand Pounds as shall be thought sufficient, and in proportion to the Time and their Clerk, and Labour which may be bestowed by them respectively in carrying incurred by this Act into execution (such Proportion, in the event of any Differ- there in the 40 ence of Opinion with regard thereto, to be finally determined by the their Duties. Commissioners of Her Majesty's Treasury), and to the Clerk of the Commissioners for the Time being such Salary not exceeding Two hundred Pounds a Year as shall be considered sufficient, and also

the Expenses

Performance of

Commissioners

to ascertain the

the Forest.

shall allow to the Commissioners of this Act, and Clerk, all Costs and Expenses of employing such One or more Land Surveyors and Valuers as aforesaid, and all other reasonable Expenses incurred by them in the Performance of their Duties under this Act.

IV. The Commissioners of this Act shall forthwith proceed to 5 Boundaries of ascertain the Boundaries of the said Forest and Purlieus, and to determine all Claims relating thereto, and for the Purpose of determining the said Boundaries shall or may make use of any existing Maps, Plans, or Surveys, at their Discretion; and the Boundaries, as ascertained by the Commissioners of this Act, shall be held to be the 10 truc Boundaries of the said Forest and Purlieus for all the Purposes of this Act, as between Her Majesty and all Persons whose Estates or Rights therein are to be or shall be in anywise dealt with or affected under or by the Provisions of this Act, but not further or otherwise.

Commissioners to set out and award Com

Common of

Pasture and

Sheepwalks.

V. The Commissioners of this Act, so soon as they shall have 15 ascertained the aforesaid Boundaries, shall proceed to ascertain how mon Fields for much of the said Forest ought to be set apart for the exclusive Pasturage of the commonable Cattle and Sheep of all Persons having Rights of Common of Pasture and Sheepwalks respectively over the said Forest, and shall by their Award allot and set out, as and for 20 Common Fields, so much of the Lands of the said Forest as they shall find sufficient to afford an adequate Compensation for such Rights of Common and Sheepwalks as aforesaid, and out of the said Common Fields, when the same have been so ascertained and allotted as aforesaid, shall set out and appropriate such Portion 25 or Portions thereof as they shall think fit as and for Sheepwalks, and shall, so far as they shall find it expedient so to do, allot distinct Sheepwalks and Commons for different Parishes, Districts, or Places now having such Rights of Common or Sheepwalk as aforesaid, and, subject to such Rights of Common and Sheepwalks, the said Common 30 Fields shall be allotted to and vested in the said Lord Churchill as his Soil and Freehold, and as Part of the Allotment and Compensation hercin-after directed to be made to him, and when such distinct Sheepwalks and Commons shall be so allotted as aforesaid all Right of Intercommonage over the same shall cease.

On the making
of the Award

the Forest to
be disafforested,
and Forestal

35

VI. On the making of such Award as herein directed the said Forest shall be for ever disafforested, and the Right of Her Majesty to Herbage and Feed for Deer and all other the Forestal Right of Rights of Her Her Majesty in or over the Parts of the said Forest so to be allotted for such Common Fields and Sheepwalks aforesaid shall absolutely 40 cease, except as to Her Rights (if any) as Owner of Lands entitled to Rights of Common over the said Forest.

Majesty to

cease.

VII. The

of Woods to

within Two

VII. The Commissioners of Woods, or other the proper Officer or Commissioners Officers of Her Majesty of or for the said Forest, shall with all con- remove Deer venient Speed, and within Two Years from the passing of this Act, Years from the under the Direction of Her Majesty, Her Heirs or Successors, remove passing of the 5 or destroy, or cause to be removed or destroyed, all the Deer within the said Forest, and apply and dispose of the same as Her Majesty, Her Heirs or Successors, shall direct.

Act.

The Commissioners of

Two Years

making of the

VIII. It shall be lawful for the Commissioners of Woods, on behalf Woods, within of Her Majesty, with all convenient Speed, and within Two Years from the 10 from the making of such Award, to cut down, sell, and remove, or Award, to cut cause to be cut down, sold, and removed, from the said Common down, sell, Fields, all Timber and other Trees, Bushes and Underwood, growing Timber, &c. thereon.

IX. The Commissioners of this Act, in ascertaining the Extent 15 proper to be allotted as such Common Fields as aforesaid, shall take into consideration the Advantage which will be derived by the Commoners aforesaid from the Extinction of Her Majesty's Forestal Rights, and the Rights of the Officers of the said Forest, and from the Removal of the said Deer.

20

and remove

from Common Fields.

In ascertaining
Common Fields,
Her Majesty

Extent of

to be considered as representing Rights of

Forest Officers.

X. For the Purpose of such Allotment as aforesaid as between Her Majesty and the Commoners, Her Majesty shall be considered as having and representing all the Rights and Privileges of the said Lord Churchill and of all other the Officers of the said Forest by this Act directed to be extinguished and destroyed, which Rights and Ranger and 25 Privileges shall be taken into consideration by the Commissioners of this Act, in the same Manner as if the same had been vested in possession in and in the actual Enjoyment of Her Majesty, and all such Rights and Privileges, as well as all other the Rights and Privileges of Her Majesty, shall be taken into consideration by the Commissioners 30 in ascertaining the Extent of such Common Fields, and so that the Residue of such Forest to be allotted to Her Majesty shall be a just and fair Compensation and Equivalent for and for the Extinguishment of such Rights and Privileges.

and all Persons

existing Rights

Pasture, to have

XI. And with respect to the Parts so to be allotted as and for Her Majesty, 35 Common Fields and Sheepwalks, Her Majesty, Her Heirs and Owners of now Successors, and all other Persons the Owners of Lands in respect of Sheepwalk of which Rights of Sheepwalk now exist in and over the existing and Common of Sheepwalks, their Tenants and Occupiers, shall respectively have the same Rights like Rights in and over the Sheepwalks so to be set out as afore- allotted as 40 said in respect of such Lands respectively, and Her Majesty, Her and for SheepHeirs and Successors, and all other Persons the Owners of Lands walks,

over the Part

Common Fields,