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An Act for the Disafforestation of Epping Forest and the Preservation

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An Act for the Disafforestation of Epping Forest and the Preservation An Act for the Disafforestation of Epping Forest and the preservation and management of the uninclosed parts thereof as an Open Space for the recreation and enjoyment of the public; and for other purposes. [8 August 1878] WHEREAS Epping Forest is part of the ancient Royal Forest of Waltham: And whereas in February one thousand eight hundred and seventy Commons House of Parliament presented an address to Her Majesty the Queen, praying that she would take such measures as in her judgment she might deem most expedient in order that Epping Forest might be preserved as an open space for the recreation and enjoyment of the public: And whereas in answer thereto Her Majesty was graciously pleased to express her concurrence in the desire that open spaces in the neighbourhood of the Metropolis might as far as possible be preserved for the enjoyment of her people, and to promise that she would carefully consider how effect might be given to the prayer of the said address: And whereas in consequence of the said address, the Epping Forest Act, 1871, was passed; which Act, after reciting the said address and answer, constituted a body of Commissioners, called the Epping Forest Commissioners, and enacted (among other things) to this effect: (1) That the Commissioners should prosecute in relation to the Forest inquiries respecting the boundaries, rights, encroachments, and inclosures of, over, and in the Forest; (2) That they should settle a Scheme for disafforesting the Forest and the preservation and management of its waste lands; (3) That they should have the same powers as if those, waste lands were a common within the Metropolitan Commons Act, 1866, and they were the Inclosure Commissioners; (4) That they might report any special arrangements with landowners or others in furtherance of the objects of the Scheme; And by Acts passed in the years 1872, 1873, 1875, and 1876, the powers of the Commissioners were continued, and some authorities were conferred on them, and other provisions were made, which powers, authorities, and provisions are spent or expired, or will cease with the present session of Parliament; And whereas on the twenty-fourth day of November one thousand eight hundred and seventy four, a decree was made by the Master of the Rolls in a suit which had been instituted in the Court of Chancery on the fourteenth day of August one thousand eight hundred and seventy- one, the plaintiffs being the Commissioners of Sewers of the City of London, as freehold tenants of lands in the Forest, who sued at the request and under the indemnity of the Mayor and Commonalty and Citizens of the City of London (in this Act referred to as the Corporation of London), and the substantial defendants being lords of manors within the Forest and two persons selected to represent grantees of lands within the Forest from such lords, which decree declared to this effect: (1) That the plaintiffs and the other owners and occupiers of lands within the Forest other than the waste lands of the Forest are entitled to a right of common of pasture upon all the waste lands of the Forest for cattle commonable within the Forest; (2) That the plaintiffs (having regard to the provisions of the said Acts of 1871, 1872, and 1873) not asking for any injunction as regards lands which, on the fourteenth of August one thousand eight hundred and seventy-one, were actually covered with buildings or actually inclosed and used as the gardens belonging to or curtilages of buildings, or as regards lands which were actually inclosed on or before the fourteenth of August one thousand eight hundred and fifty-one, were entitled to an injunction to restrain the said defendants from permitting to be or to remain inclosed or built upon any of the waste lands of the Forest, except (a) lands which on the fourteenth of August one thousand eight hundred and seventy- one were so actually covered or so actually inclosed and used, or (b) lands actually inclosed on or before the fourteenth of August one thousand eight hundred and fifty-one; And ordered that inquiries should be made respecting the waste lands, and that the said defendants should pay to the plaintiffs their costs of the suit; and, those inquiries having been made, the said defendants were, by order made on further consideration in the suit, restrained by perpetual injunction accordingly: And whereas no appeal has been brought against the said decree and the time for appeal is expired: And whereas the Commissioners made their Final report, dated the first day of March one thousand eight and seventy-seven, and set out in the schedule thereto their Scheme, to be confirmed by Act of Parliament: And whereas the forestal rights of the Crown are still exerciseable over a large part of the waste lands of the Forest, and the Commissioners Scheme proposed that the Forest should be disafforested, and that the forestal rights of the Crown therein should cease; and it is expedient that provision to that effect be made, and Her Majesty has been graciously pleased to signify her assent thereto for the benefit of the public: And whereas with respect to rights of common of pasture and of mast, the Commissioners Scheme proposed that the same should continue, subject to their Scheme; and it is expedient that the same should continue, subject to this Act. And whereas there exist such rights of cutting fuel from trees, digging gravel and other rights of a like nature, and such rights of office and other rights of a like nature, as are specified in the First and Second Schedules to this Act, and the Commissioners Scheme proposed in effect that those rights should be compensated or compounded for; and it is expedient that provision to that effect be made: And whereas with respect to the soil of the waste lands of the Forest the Commissioners Scheme contained a series of proposals: And whereas, if the Commissioners Scheme were confirmed in its entirety by Act of Parliament, those proposals would inadequately preserve an open space for the recreation and enjoyment of the public, particularly as regards lands held by grantees from lords of manors, and not being sites of buildings or house-gardens or curtilages: And whereas with reference to those proposals doubts are entertained as to the Commissioners authority to make such proposals under the Epping Forest and Metropolitan Commons Acts: And whereas, if the Commissioners Scheme were confirmed in its entirety by Act of Parliament, effect could not be given to those proposals without great delay and expense: And whereas, on the other hand, if no binding arrangement respecting the unlawful inclosures and the ownership of the soil is made, great hardship may follow, particularly in the case of grantees from lords of manors under conveyances made within twenty years before the institution of the said suit, inasmuch as those grantees will be liable in pursuance of the decree in that suit to be ousted from the beneficial user of lands purchased by them, although (as it is alleged) they purchased the same for full value in the belief that the lord of each manor in the Forest with the consent of the homage could, after having obtained a conveyance or release of the Crown's forestal rights, lawfully grant away portions of the waste lands of the manor, and that the grantees might inclose the same and hold the inclosures discharged of rights of common: And whereas it is just and expedient and desirable in the interest of all classes of persons concerned and of the public that effectual provision be now made for the final settlement of all questions remaining unsettled relative to the Forest. And whereas, with a view to the effecting of such a settlement with as little delay and expense as circumstances admit, it is expedient that all necessary and proper powers and discretion in that behalf be vested in an arbitrator specially constituted for that purpose: And whereas the person named and appointed arbitrator in this Act has consented to be so appointed: And whereas the Corporation of London have made great exertions to preserve the Forest as an open space for the recreation and enjoyment of the public, and for that purpose they have purchased and hold a large proportion of the waste lands, and have expended large sums of money, as well in those purchases as in the prosecution of the said suit and in the proceedings before the Commissioners, and otherwise: And whereas the Corporation of London are desirous of being constituted Conservators of the Forest, and are willing and able to defray such expenses as are to be borne by the Conservators, and the Commissioners Scheme proposed and it is expedient that they be so constituted: And whereas there is in the Forest an ancient lodge, known as Queen Elizabeth's Lodge, and Her Majesty has been graciously pleased to signify her assent that the same be vested in the Conservators to be always preserved by them: And whereas on some of the said purchases by the Corporation of London it formed part of the contract that the vendors should be at liberty to retain some specified inclosures and pieces of land, parts of the waste lands of the Forest, and should in respect of those inclosures and pieces be quieted in title against and be released from rights of common, and it is expedient that those agreements be confirmed and carried into effect: And whereas it is expedient that such further provisions for purposes connected with the Forest as are in this Act contained be made: But the objects aforesaid cannot be attained without the authority of Parliament: Be it therefore
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