Durham County Palatine Act 1858
1858 CHAPTER 45 21 and 22 Vict
An Act to amend the Provisions of an Act of the Sixth Year of King William the Fourth, for separating the Palatine Jurisdiction of the County Palatine of Durham from the Bishoprick of Durham; and to make further Provision with respect to the Jura Regalia of the said County.
[23rd July 1858]
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. I
1 Definition of the words “the county of Durham.”U.K.
In this Act the words “the county of Durham” shall have the same interpretation and meaning as in the said recited Act.
Modifications etc. (not altering text)
C3The “said recited Act” means the Durham County Paletine Act 1836 (c. 19)
2†The interest of the bishoprick of Durham in the foreshores of the county of Durham vested in Her Majesty.U.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Words repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. I
Modifications etc. (not altering text)
C4Unreliable marginal note
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.
Textual Amendments
F2Ss. 3,5,6 repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. I
4 Rents and proceeds from the foreshores of Durham to be divided equally between the Crown and the Ecclesiastical Commissioners.U.K.
All rents and profits and other monies which may be received by the [F3Crown Estate Commissioners], 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 any wise 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 [F3Crown Estate Commissioners] , as part of the hereditary possessions and land revenues of the Crown, . . . F4; and the other moiety thereof shall be paid by the same Commissioners to the [F5Church Commissioners] ; but, notwithstanding this provision for the apportionment of the said rents, profits, monies, and proceeds, the said [F5Church 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.
Textual Amendments
F3Words substituted by virtue of S.R. & O. 1924/1370 (Rev. V, p. 443: 1924, p. 228), art. 2, Crown Estate Act 1956 (c. 73), s. 1(1)(7) and Crown Estate Act 1961 (c. 55), s. 1(1), Sch. 2 para. 4(1)
F4Words repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. I
F5Words substituted by virtue of Church Commissioners Measure 1947 (No. 2), s. 18(2)
5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.
Textual Amendments
F6Ss. 3,5,6 repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. I