The Dean Forest Act 1667[1]
Act of Parliament
Parliament of England
Long titleAn Act for the Increase and preservation of Timber within the Forest of Deane.[2]
Citation19 & 20 Cha. 2. c. 8
  • (Ruffhead: 20 Cha. 2. c. 3)
Dates
Royal assent9 May 1668[3]
Commencement10 October 1667
Repealed1 July 1971
Other legislation
Repealed byThe Wild Creatures and Forest Laws Act 1971, s 1(4) & Sch
Status: Repealed
Text of statute as originally enacted

The Dean Forest Act 1667 (19 & 20 Cha. 2. c. 8), sometimes called the Dean Forest (Reafforestation) Act 1667,[4] or 1668,[5] the Dean Reafforestation Act,[6][7]  or the Forest of Dean Act 1668,[8] was an Act of the Parliament of England, concerning the Forest of Dean.

The whole Act, so far as unrepealed, was repealed by section 1(4) of, and the Schedule to, the Wild Creatures and Forest Laws Act 1971.[9] Section 1(6) of that Act provides that, notwithstanding the repeal, by section 1 of that Act, of the Dean Forest Act 1667, the verderers in the Forest of Dean shall continue to be elected and hold office as at the passing of the Wild Creatures and Forest Laws Act 1971.

Cyril Hart said that the Dean Forest Act 1667 is "important".[10]

Walkley v Fox (1914) was decided under this Act.[11]

Preamble

"The forest or late forest of dean"

Wood said that the expression "the late forest", in the preamble, no doubt referred to the proceedings taken for disafforesting in the year 16 Chas 1. It was probably a question of policy to leave the validity or invalidity of those proceedings undecided; the Act rendered them unimportant (see section 5).[12]

Section 6

This section was repealed by section 9(4) of, and Part II of the Third Schedule to, the Crown Estate Act 1961.[13]

Goodtitle v Baldwin (1809)[14] was decided under this section.[15]

Section 8

Wood said that the effect of this section would seem to be that the lands there referred to, other than the inclosures and wastes, practically ceased to be considered part of the Forest, which in time (as would appear from the perambulation of 1788), came to be considered as limited to the "23,000 acres or thereabouts" (see sections 1 and 6), and any lands surrounded by those inclosures and wastes, and the detached wastes of the Hudnalls, Fence, Bearce, Wallmore and Northwoods Green.[16]

Section 17

Wood said this section was at least impliedly repealed by section 23 of the Dean Forest (Mines) Act 1838 (1 & 2 Vict. c. 43).[17]

Wood said there is an obvious error in the last sentence of section 17. The probable meaning was "in any part of the 11,000 acres allotted for His Majesty's inclosure so long as the same shall continue inclosed".[18]

See also

References

  • Halsbury's Statutes,
  • James G Wood. "Dean Forest (Re-afforestation) Act, 1668".The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. H Sweet. Chancery Lane, London. 1878. Pages 25 to 34. See also pages 4, 18, 19, 37, 49, 74, 82, 83, 85, 117, 121, 122, 128 and 167.
  • The Statutes at Large. 1770. Volume 3. Page 315.
  • Danby Pickering. The Statutes at Large. 1763. Volume 8. Pages 258 and 259.
  • John Raithby, ed. (1819). "Charles II, 1667 & 1668: An Act for the Increase and preservation of Timber within the Forest of Deane". The Statutes of the Realm: volume 5: 1628-80. Institute of Historical Research.
  • W A Gordon. The Law of Forestry. HMSO. 1955. Pages 76 and 78.
  • The English and Empire Digest. Butterworth & Co. Bell Yard, Temple Bar, London. 1922. Volume 11. Page 575.
  • Cyril Hart. The Forest of Dean: New History, 1550-1818. Alan Sutton Publishing Limited. 1995. Pages xxi, xxii, 23, 33, 98, 162, 164, 166, 178, 182, 184, 185, 195, 197, 199, 200, 202, 204, 209, 210, 211, 213, 217, 226, 246, 248, 293 and 295.
  • Cyril Hart. Royal Forest: A History of Dean's Woods as Producers of Timber. Clarendon Press. Oxford. 1966. Pages 169, 179, 184, 189, 194, 196, 199, 202, 211, 213, 224, 291 to 295, 301, 303 and passim.
  • Cyril Hart. The Industrial History of Dean: With an Introduction to Its Industrial Archaeology. David and Charles. Newton Abbott. 1971. Pages 61, 258, 299 and 328.
  • A R Warmington. Civil War, Interregnum and Restoration in Gloucestershire, 1640-1672. The Royal Historical Society. The Boydell 198 and 199.
  1. ↑ The citation of this Act by this short title was authorised by section 1 of, and Schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ These words are printed against this Act in the second column of Schedule 1 to the Short Titles Act 1896, which is headed "Title".
  3. ↑ Wood. The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. 1878. p 25.
  4. ↑ Hart. The Industrial History of Dean. 1971. p 258.
  5. ↑ Hart. The Forest of Dean: New History, 1550-1818. 1995. p 182.
  6. ↑ Remembering Protest in Britain since 1500. p 107.
  7. ↑ Some sources hyphenate word "Re-afforestation" in these popular names.
  8. ↑ Mozely and Whitely. A Concise Law Dictionary. 1876. p 492.
  9. ↑ The Public General Acts and Church Assembly Measures 1971, HMSO, 1972, p 868.
  10. ↑ Cyril Hart. The Verderers and Speech-Court of the Forest of Dean. John Bellows Limited. 1950. p 27. See further, pp 28 and 29.
  11. ↑ Walkley v Fox (1914) 3 The Law Journal County Courts Reporter 66 (1 August 1914). As to this case, see further Halsbury' Laws of England, 1st Ed, Supplement No 5 (For Use in 1915), pp 529 and 1114.
  12. ↑ Wood. The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. 1878. p 25, note (a).
  13. ↑ The Public General Acts and Church Assembly Measures 1961. pp 647 & 656.
  14. ↑ Goodtitle d Parker v Baldwin (1809) 11 East 488; 103 ER 1092; 11 RR 249; [1803 to 1813] All ER Rep 474.
  15. ↑ Wood. The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. 1878. p 30.
  16. ↑ Wood. The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. 1878. p 31, note (o).
  17. ↑ Wood. The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. 1878. p 34.
  18. ↑ Wood. The Laws of the Dean Forest and Hundred of Saint Briavels, in the County of Gloucester. 1878. p 34.
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