Duchy of Cornwall Management Act 1863

1. Introductory Text

2. 1. 5 & 6 Vict. c. 2. and Sect. 4 of 11 & 12 Vict. c. 83. repealed.

3. 2. Establishing a Seal to be called “The Seal of the Duchy of Cornwall.”

4. 3. Power of Sale and Enfranchisement.

5. 4. Mode of carrying Sales into effect.

6. 5. Form of Assurance.

7. 6. Remedy for Recovery of annual Sums. Power to release a Portion of the Lands chargeable.

8. 7. Power to purchase Lands.

9. 8. Application of the Monies to arise from Sales, &c.

10. 9. Power to grant Annuities in lieu of Estates surrendered.

11. 10. Provision as to Settlement of disputed Rights.

12. 11. Sales, &c. to be made under Warrant from the Treasury.

13. 12. Payments to be made by Drafts on the Bank of England.

14. 13. Sums arising from Sales and not immediately wanted to be invested in the Three per Cents.

15. 14. Application of Dividends.

16. 15. Stocks purchased may be sold when Funds are required.

17. 16. Transfer of Stock may be made under Power of Attorney.

18. 17. Monies and Stock standing in the Name of the Duke of Cornwall at the Bank of England to be treated as arising under this Act.

19. 18. Power to refer Disputes to Arbitration.

20. 19. Purchasers, &c. not to be bound to see that Provisions of the Act have been complied with;

21. 20. nor to see to the Application of the Purchase Money.

22. 21. Power to grant Leases for 31 Years, without Fine.

23. 22. Power to grant Leases for 99 Years for Purposes of Improvement, without Fine.

24. 23. Fines may be taken in special Cases with the Consent of the Treasury.

25. 24. Covenants in Leases to be as effectual as if the Duke of Cornwall had an absolute Estate.

26. 25. Leases not to be otherwise than for fixed Terms of Years except in certain Cases.

27. 26. New Leases may be granted on the Surrender of existing Interests.

28. 27. The Duke of Cornwall may accept a Surrender of any Lease, and grant separate Leases at apportioned Rents.

29. 28. Concurrence of Under-lessees not required on a Surrender for obtaining a new Grant.

30. 29. Severance of Reversion not to prejudice Condition of Re-entry, &c.

31. 30. Deeds, &c. to be enrolled.

32. 31. Keeper of Records to enrol Deeds, &c. in order of Time, and to certify Enrolment.

33. 32. Deeds, &c. so enrolled not to require Enrolment in Courts of Law, &c.

34. 33. Certain Enrolments may be made nunc pro tunc.

35. 34. Power to appoint a Person to enter into Contracts.

36. 35. Proviso as to Grants of Licences to demise.

37. 36. Power to grant Land for Sites of Churches, &c.

38. 37. Interpretation of Terms.

39. 38. † Proviso for Exercise of Powers when a Duke of Cornwall is under 21 Years of Age.

40. 39. Proviso for Exercise of Powers when the Duchy of Cornwall is vested in the Crown.

41. 40. This Act not to interfere with existing Powers except where expressly altered.

42. 41. Authorizing Exchanges of Minerals under Inclosure Acts.

43. 42. Short Title.

44. 1. SCHEDULE to which this Act refers.

       1. Form of Conveyance on Sale in consideration of a gross Sum of Money.

          1. Know all Men by these Presents, That we [here insert...

          2. The foregoing Form may be used for the Purpose of...

       2. Form of Grant for a limited Period in consideration of a gross Sum of Money.

          1. Know all Men by these Presents that we [insert the...

       3. Form of Conveyance on Sale in consideration of an annual Sum of Money.

          1. To all to whom these Presents shall come, &c. [insert...

       4. Form of Grant for a limited Period in consideration of an annual Sum of Money.

          1. To all to whom, &c. [as in the previous Form,...

       5. Form of Enfranchisement in consideration of a gross Sum of Money.

          1. Know all Men by these Presents that we [insert the...

       6. Memorandum of Acknowledgment to be endorsed on any Deed of Conveyance, Grant, or Enfranchisement in consideration of a gross Sum of Money.

          1. I hereby acknowledge that the Sum of in the within-written...

          2. As witness my Hand,

          3. E.F.

          4. Auditor of the Duchy of Cornwall.

       7. Form of Enfranchisement in consideration of an annual Sum of Money.

          1. To all to whom these Presents shall come [inserting the...

       8. Form of Conveyance of any Land or Property on a Purchase by the Duke of Cornwall.

          1. Know all Men by these Presents that I, A.B. of,...

       9. Form of Receipt for Purchase Money where not paid into Court to be endorsed.

          1. Received on the Day of the Date of the within-written...

          2. A.B.

          3. Witness, C.D.

          4. Form of Grant of Annuity on the Surrender of an...

          5. This Indenture, made the Day of between A.B. of, &c....