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Rights to timber, mines, &c. not to be commuted but with consent of reversioner. 4. Provided always, that where any right to timber, timber trees or other trees, woods, underwood, or underground woods, bogs, mosses, turbaries, mines, minerals, quarries, or royalties, whether under express exception or reservation contained in the lease or underlease in perpetuity or otherwise, is annexed to or belongs to the reversion or estate from the owner of which a grant is required, it shall not be lawful for the owner of the lease or under-lease in perpetuity requiring the grant to require that such right should cease, either wholly or partially, but in every such case the owner of the reversion or estate from the owner of which the grant is required, and the owner of the lease or under-lease requiring the grant, may agree that such right should cease or pass under the grant, either wholly or partially, and in such case the grant shall be modified accordingly, and the yearly fee-farm rent to be made payable by such grant shall be increased by such an amount as is equivalent to the value of such right, so far as it is made to cease or pass as aforesaid.
© 1849 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/rlca1849293/s4.html