Timber Act 1777
TIMBER ACT 1777 | ||
CHAP. XXXV. | ||
An Act to explain and amend an Act, passed in the Sixth Year of the Reign of His present Majesty, entitled, An Act for encouraging the planting of Timber Trees. | ||
Surrender of lease for years to body corporate to take new lease no expiration of the term as to tenant’s enjoying benefit of planting as by 6 G. 3. c. 17. | ||
the renewal a continuance of the original terms. | ||
WHEREAS by an act passed in the sixth year of the reign of his present Majesty, entitled, An act for encouraging the planting of timber trees, it is among other things enacted, That from and after the first day of September one thousand seven hundred and sixty six, if any tenant for life or lives by settlement, dower, curtesy, jointure, lease, or any office, civil, military, or ecclesiastical, impeachable of waste, or any tenant for year exceeding twelve years unexpired, shall plant sally, osier, or willow, the sole property of such shall during the continuance of the term vest in the tenant, and he may cut and sell the same under the restrictions therein after mentioned; and if such tenant shall plant any timber trees of oak, ash, elm, firr, plane, wallnut, chesnut, horse chesnut, quick, or wild ash, alder, poplar, or other timber trees, such tenant during the term shall be entitled to a house boot, plow boot, cart boot, or car boot, of such trees by him planted; and at the expiration, or when such trees shall have attained maturity, which shall first happen, shall be entitled to the said trees or the value of them, according to the direstions therein after mentioned, any covenant heretofore made, law, or usage to the contrary notwithstanding; and by the said act it is provided, that where the expiration of the term is certain, the tenant during the last year of his term paying the rent, and performing the covenants, may cut and carry away the trees by him planted: and whereas considerable parts of the lands of this kingdom are held by leases for terms of years from bodies corporate, ecclesiastical and lay, which leases the tenants from time to time surrender upon taking new leases of the same: and whereas a surrender in such case may be considered as an expiration of the term, and thereby in many cases defeat the good intention of the act aforesaid: be it enacted by the King’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, That the surrender of any lease for a term of years of lands to any body corporate, ecclesiastical or lay, for the purpose of taking a new lease thereof, shall not be considered as an expiration of the term surrendered, so far as the same respects the said act, but that every renewal shall be considered as a further continuance of the original term, and the tenant shall enjoy all benefit of planting given by the act aforesaid in as full and ample a manner as if the additional term of years had been contained in his original lease. |