Dean Forest Act 1861

1861 CHAPTER 40

An Act to make further Provision for the Management of Her Majesty's Forest of Dean, and of the Mines and Quarries therein and in the Hundred of Saint Briavels in the Comity of Gloucester.

[22d July 1861]

WHEREAS the Commissioners appointed by the [1 & 2 Vict. c. 43.] Act of the First and Second Years of Her present Majesty, Chapter Forty-three, intituled An Act for regulating the opening and working of Mines and Quarries in the Forest of Dean and Hundred of Saint Briavels in the County of Gloucester, duly made and published in pursuance of the Provisions in the said Act contained Three several Awards relating respectively to Coal Mines, Iron Mines, and Quarries, and dated respectively the Eighth Day of March, the Twentieth Day of July, and the Twenty-fourth Day of July, in the Year One thousand eight hundred and forty-one, which Awards contained Rules and Regulations for working the Coal Mines, Iron Mines, and Quarries respectively within the said Forest and Hundred : And whereas by the said Act a Power of Appeal to Her Majesty in Council against the Awards to be made by the said Commissioners within Three Months from the making and publishing of such Awards was reserved to all Parties who might deem themselves aggrieved thereby, but no such Appeal was ever made against any of the said Awards, whereby the said Awards have now become absolute and indefeasible : And whereas both before and since the passing of the said Act the Gales of Coal and Iron in the said Forest and Hundred have been granted without any Limitation or Declaration of the Estate or Interest of the Galee, or Words of Inheritance, (but with Power under the Act to transfer the same,) and by reason of such Omission Doubts might be entertained whether Grants of Gales conferred more than Estates for Life or for some other partial Interest ; but inasmuch as it has been commonly supposed that such Grants enured for the Benefit of the Galees, their Heirs and Assigns, so long as the Mine, Vein, or Work galed or granted remained unexhausted, and the Galees, their Heirs or Assigns, duly observed and performed the Conditions subject to which it was galed or granted, Her Majesty, being minded to quiet all Doubts on the Subject, is willing and has consented that the Rights or Interests of Galees should be defined and declared in accordance with the common Opinion aforesaid to the Extent and in manner herein-after contained : And whereas it is also expedient to alter and amend certain Parts of the said Act, and of the said Rules and Regulations made in pursuance thereof, and to make certain other Provisions with reference to the Mines and Quarries within the said Forest and Hundred :

Be it enacted and declared 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 :