The Project Gutenberg eBook, Thoughts on the Proposed Inclosure of Waltham (commonly called Epping) and Hainault Forests, by An Old Inhabitant This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you'll have to check the laws of the country where you are located before using this ebook. Title: Thoughts on the Proposed Inclosure of Waltham (commonly called Epping) and Hainault Forests Author: An Old Inhabitant Release Date: January 2, 2017 [eBook #53866] Language: English Character set encoding: ISO-646-US (US-ASCII) ***START OF THE PROJECT GUTENBERG EBOOK THOUGHTS ON THE PROPOSED INCLOSURE OF WALTHAM (COMMONLY CALLED EPPING) AND HAINAULT FORESTS***
Transcribed from the 1818 edition by David Price, email ccx074@pglaf.org
SECOND EDITION.
“Is not the separate Property of a Thing the great Cause of its endearment? Does any one respect a Common as much as he does his Garden?”
South.
BY AN OLD INHABITANT.
LONDON:
PUBLISHED
AND SOLD BY J. M. RICHARDSON, 23, CORNHILL,
OPPOSITE THE ROYAL EXCHANGE;
And can be had of the Newsmen in the several Parishes of Barking,
Chigwell,
Chinkford, Dagenham, Epping, East Ham, Great Ilford, Little
Ilford,
Leyton, Loughton, Lambourne, Nazing, Theydon-Bois,
Stapleford-Abbot,
Stratford, West Ham, Wanstead, Walthamstow, Waltham Holy
Cross,
Woodford; and of Messrs. Chalk and Meggy, Chelmsford.
1818.
[Price One Shilling.]
GENTLEMEN,
WHEN I took the liberty of addressing you, in January last, on the subject of the projected inclosure of these Forests, I could not foresee that the plan I submitted to general consideration would have been adopted by the Commissioners of Woods and Forests, which it appears, by the Heads of the Bill, they now propose bringing into Parliament has been done; p. 4and the giving effect to a plan, on the mere suggestion of a private individual, whose name was not even known to them, shews, on their part, the strongest desire, in executing the duties of their office, to afford every possible degree of accommodation to the interest and convenience of the persons to be affected by it. Connected as I am with gentlemen who have considerable property in these Forests, I do earnestly hope that the plan I have suggested, and which has been, on the part of the Commissioners of Woods and Forests, so liberally adopted, will be carried into effect; and, at the request of several friends, I have been induced to re-publish my Thoughts on the subject, in the hope that they may have some weight, with my readers, in convincing them of the expediency of giving their earnest support to the Bill now proposed.
I remain, Gentlemen,
With great respect.
Your very obedient
servant,
THOMAS STREET,
Philpot-Lane, London,
15th April,
1818.
The local knowledge acquired by occasional residence, for many years past, in the Forest of Waltham and the neighbourhood, and its having been the favourite spot where I have indulged in occasional relaxation from professional pursuits, my attention has been drawn to the notice given of an intended application to Parliament for an inclosure of that and also of Hainault Forest, and the controversy which has taken place respecting such a proceeding has induced me to peruse the papers that have been published on the subject, and to reduce to writing a few observations thereon; and, although my remarks are intended to apply more particularly to the neighbourhood of p. 6Woodford, yet I think they will be found not inapplicable to the interests of the landed proprietors in general within the precincts of these Forests.
I, some time since, understood, from authority, the correctness of which I have no reason to doubt, that it was not the intention of the Crown to press for a general inclosure of these Forests, but merely to obtain a reasonable compensation (to be settled by the Commissioners under the proposed Act) for disafforesting both Waltham and Hainault Forests, and extinguishing the rights of the Crown therein. I hare considered the subject with much attention, and I confess that I could hardly have pictured to myself any thing so desirable to the owners of landed property in and adjoining to these Forests, as their being relieved from the rights of the Crown, rights from which, in point of fact, the Crown derives no sort of benefit; but, on the contrary, incurs an annual expense of £300, (as appears by the 15th Report of the Commissioners of Woods and Forests,) and which have been, for many years past, a continual source of p. 7complaint on the part of the land-owners and inhabitants. I was, therefore, much surprised, on perusing the resolutions passed, on the 26th November last, at a Meeting of the Freeholders and others, possessing landed property in the parish of Woodford, to find them so strongly deprecate the proposed inclosure.
As to the proposition respecting Hainault Forest:—the principal part of it, which is occupied by the growth of timber, is so low and swampy, that no human being would ever think of building in such a situation, and the land could not be brought into cultivation without an enormous expense in grubbing up the timber, and draining the soil. If, therefore, we give the Commissioners for the Inclosure credit for a reasonable degree of judgment and discretion, it is within this part of the Forest, so well calculated for the growth of timber, that they would undoubtedly appropriate the 2,000 acres to be inclosed as a nursery for that purpose, and for which it would be a situation peculiarly advantageous, on account of its easy communication with water-carriage and the dock-yard at Woolwich. p. 8I really cannot discover what injury could be done to the land-owners surrounding that spot, who, according to the plan proposed, would have a thousand acres of uninclosed land left subject only to the custom of the manor, within which their lands happen to lie, and totally free from the intervention of the forty days court; the frequent and inconvenient interference of which, in the exercise of the duty imposed on them of protecting the rights of the Crown, and preventing the deer being deprived of the herbage, has been so generally complained of by persons within its jurisdiction.
At the meeting held at Woodford, on the 26th of November last, certain resolutions were entered into, in which the persons passing them seemed to have been impressed with an idea, that a general inclosure was meant to be forced upon them, which, I believe, it never was in the contemplation of the Commissioners of Woods and Forests to attempt; and, in their eagerness to oppose such a measure, they have in my opinion, overlooked the beneficial effect which must necessarily result from a partial p. 9inclosure, and passed some resolutions founded on erroneous principles; for instance, the first resolution asserts “that no injury is sustained in the said parish by the depasturing of the deer.” Now, it is most extraordinary how such an allegation could be made and sanctioned by the majority at such a meeting; for, to my certain knowledge, for upwards of thirty years past, the depredations committed by the deer have been a continual subject of complaint by the inhabitants of the parish of Woodford.
In the next resolution it is stated, that, “at the date of the 15th Report of the Commissioners of Woods and Forests, it appeared, by the evidence of Bamber Gascoyne, Esq. that the utter destruction of his Majesty’s deer had, at that time, almost taken place, and that the persons present at that meeting had yet to learn that the number of deer had so materially increased, since that Report was made, as to render a total disafforestation or general inclosure necessary.” If those gentlemen are really disposed to learn what the state of the deer now is in the Forest, p. 10they have only to ride about for a few hours in the retired parts of it, and they will see such herds as will easily convince them, that (presuming the Report, above alluded to, to be strictly accurate in this respect) the numbers must have increased prodigiously within the last twenty-five years; and this may be readily accounted for, when it is admitted that only twenty one brace annually are killed, for the use of persons claiming a right to venison from the Forests, (and I believe not a single head is destroyed for his Majesty’s use,) and consequently the increase of these animals, which, in various parts of the Forests, may frequently be seen thirty or forty in a herd, must, in a very great degree, exceed the annual destruction. I will venture to assume, and I am sure I shall be borne out, on inquiry, that there are not less than 600 head of deer in Waltham and Hainault Forests; and, allowing but one-half of these to be does, they would, on a moderate calculation, now give an increase of 300 head annually, or at least of 200, allowing for those killed, destroyed, or lost, by various contingencies.
It is not in the power of the Crown, in opposition p. 11to the proprietors of land within any district, to enforce a general inclosure; and although, from local circumstances, there may be such well-founded objections to the measure as fully to justify the feelings of the gentlemen at that meeting in the resolutions they passed, yet it seems to me that, on the principle of commuting the rights of the Crown, and effecting inclosures to such an extent, only, as would satisfy the Crown for a sacrifice of those rights, they reject a proposal which it would be most desirable for all the parishes within the Forests, and for the parish of Woodford in particular, to have carried into effect. The quantity of waste land in the parish of Woodford is estimated at about 300 acres, and the Crown claims for its interests therein about one-third of that number. If a bill were brought into Parliament for inclosing such proportion only as the Commissioners should deem the Crown entitled to, or to allot a certain proportion to be specified in the Act, it could be productive of no advantage whatever to the parish of Woodford to have 100 acres of land inclosed for the growth of timber, nor would it answer p. 12the purpose of the Crown to have an inclosure of a similar, or, in many instances, a much less quantity allotted in different parishes for that purpose; a very different appropriation of such land would, I have no doubt, be much more desirable; and the plan I would suggest is, that the Commissioners should have a power of selling the lands allotted in lieu of the rights of the Crown, and that the Bill should contain clauses, directing the Commissioners to make their allotments in parcels of not less than two acres, but not exceeding five or ten, and preferring those situations where the proprietor of any dwelling-house or grounds should express to the Commissioners his assent to the inclosure of waste lying near or contiguous to such house or grounds, and that such owner should be allowed a right of pre-emption of the allotment so inclosed, at a price to be set thereon by two surveyors, one to be appointed on behalf of the Crown, and the other on the part of the purchaser; such surveyors, in case of disagreement, having power to elect a third, to decide between them. Now, supposing 100 p. 13acres to be so allotted, I would ask, if there are not twenty houses in the parish of Woodford, the owners of which would be glad to have an addition of five acres of contiguous waste inclosed; and if there are not, in every other parish within the Forest, proprietors of land who would be glad to have such a partial inclosure as would afford them an addition of a like quantity of land. It clearly appears to me, that an inclosure, carried into effect upon this principle, and to this extent, would be a most desirable measure for the proprietors of houses and lands in every parish on the Forest: and there should be a clause restraining the Commissioners from making inclosures within a certain distance of any dwelling-house, without the consent of the owner, so that no one should have the inclosure brought to his door, without his own consent. This plan would, in all probability, not occasion a single additional building; the 36,000 paupers, of whom so dreadful a picture has been drawn, (and whose numbers appear to have been calculated upon the visionary foundation of some antient adage,) would all vanish, and the new inclosures, p. 14which it is highly probable would, in most instances, be converted into ornamental grounds, and be adorned with new plantations, would add greatly to the bounty of the country; and a very abundant portion of waste would still be left to preserve the rural scenery, for which this district has been so much and so deservedly admired. The value of the landed properly, I have no doubt, instead of being deteriorated, by pursuing this system, would be very considerably increased.
Let us now look forward to the situation in which the proprietors of houses and land, in these Forests, would stand as to the remaining waste, which would become merely wastes of the respective manors, relieved from any rights of the Crown over them, and from the paramount power of the forty days court, which, of course, must cease with the extinction of the Crown’s rights; and any proprietor wishing for an addition of one or two acres to his premises, (which in many instances, no doubt, it would be highly desirable to obtain,) might, on application to the Lord of the Manor, with the consent of the Homage Jury, p. 15procure a grant thereof as copyhold, an advantage not now to be obtained on almost any terms: the right of Common, too, would be relieved from the necessity of withdrawing the cattle during the fence months, and be general through the year.
There is another circumstance mentioned in the Commissioners’ Report, about the state of the timber, in the year 1783, which, I think, must have considerably changed since that period, namely, “that, out of 11,000 oaks, there were 2,700 fit for the use of the Navy.” Now, I verily believe that, at the present time, not one-fourth of the number could be found fit for that purpose; and, as to the 7,000 young trees, mentioned in the same Report, there are scarcely any of them that have not, as they attained a certain age, been converted into, and are now become, old pollards; for the right of cutting fire-wood is, in the ideas of the lower sort of people, confirmed and increased, by preventing trees from becoming timber, and converting them to pollards, of which it is the common course of the country to cut the tops for fire-wood; and, in most parts p. 16of the Forest, the beauty of the scenery and utility of the timber are totally destroyed by the decapitation of the trees.
In the New Forest, in the Forest of Dean, and in Marlborough Forest, there is a great deal of beautiful forest scenery, where the practice of reducing the trees to pollards is not permitted; but, in much the greater part of Waltham Forest, the beauty is totally destroyed by this practice; and, therefore, it must be a most desirable measure, as regards the appearance of the country, to have the rights of cutting fire-wood totally abolished.
I have not entered into any wild speculations, but have confined myself to a plain and, I hope, intelligible statement of a plan that I now see reason to hope will be carried into effect, and, I have no doubt, will prove of real advantage to the proprietors of houses and lands within this district.
As many of my readers may not have seen the last Circular Letter, of the Surveyor of Woods and Forests, on the subject of the inclosure, and the Heads of the intended Bill, in which the plan submitted in the preceding p. 17pages is meant to be adopted, I have added copies, by way of Appendix.
I cannot easily imagine on what grounds any serious opposition can be attempted to the measure now proposed, unless the Commissioners of Woods and Forests are to be told that they shall keep and preserve Royal Forests and extensive and useless Wastes, with all the severity and arbitrary spirit of the barbarous days of William Rufus, on the one hand; or that, on the other, if they do adopt any species of inclosure, it shall be in rood [17] allotments, for the accommodation of cottagers and paupers,—the inevitable consequence of which would be that every parish in the Forest would be inundated with persons dependent on daily labour for subsistence, where employment for such numbers could not possibly be found, and they must, of necessity, become burthens to the several parishes in which they might thus be domiciled.
Viewing the subject, then, calmly and deliberately, with a mind wholly unbiassed either p. 18by local prejudices or party-spirit, I cannot conceive a more desirable medium than the plan intended to be carried into effect by the Bill now proposed, as it seems not easy to devise one that can more effectually meet the wishes, and bring to the very door of the proprietors of houses and land within the Forests a degree of accommodation and convenience—the want of which has been so long lamented, owing to the insuperable difficulties of obtaining any small inclosures or grants of land, under the existing system.
A clause was introduced into the Act of the 55th year of his present Majesty, relative to Crown Lands, whereby the Commissioners of Woods and Forests were enabled to sell the Rights of the Crown in any small parcels of land, within any of the Royal Forests, which adjoined or lay contiguous, or convenient to the lands of individuals, and were of little value for the growth of timber, or to sell the Rights of the Crown in and over lands belonging to any of his Majesty’s subjects, lying within the limits aforesaid;—but the difficulties attending the procuring grants of land under p. 19this power were so great that it has been very little acted upon.
Whatever useful alterations or amendments in the proposed plan can be suggested, I have no doubt will meet with a fair and candid investigation by the Commissioners, and be made the subject of corrections, or additional clauses, when the Bill is before a Committee of the House of Commons.
I have heard the question asked by a proprietor of land, in allusion to the proposed plan, what do the Crown give us in lieu of the 9-32d parts, or 2810 acres we are to give up? The answer is plain; in the first place, you give the Crown nothing but what it had a right to before, and the Commissioners give up all the Rights of the Crown, over the remainder of the 9000 acres; and one may compare it to the common case of an agreement between the lord of a manor and the copyholders for an inclosure and enfranchisement of the whole, would not the lord be fairly entitled to one-third part, as a satisfaction for the rights he gave up, and would not the copyholders be remunerated by getting their copyholds converted to freeholds, and p. 20their commons to valuable inclosures; and, in this case, the remaining 23-32d parts, or 6190 acres, being discharged from the Rights of the Crown, may either be enjoyed as common, or may be inclosed at any future time, if the proprietors of land should agree in such a measure.—At present, the majority appear to be against a general inclosure; and, as far as the beauty of the country is at stake, I think they are right, for that certainly is an object of no small importance in a district so near the metropolis; but that will not be affected by an inclosure to the extent only proposed by the intended Bill.
Office of Woods, &c.
Whitehall-Place,
30th March, 1818.
Sir,
I am directed by the Commissioners of His Majesty’s Woods, &c. to acquaint you, that since the date of my Circular Letter, in November last, stating the outlines of the measure then proposed for vesting in his Majesty certain parts of Hainault, Waltham, or Epping Forests, they have received various Memorials and Representations from, or on behalf of, the Lords of Manors, Freeholders, and others, having or claiming Rights over those Forests;—from those communications, it appears that an opinion has been very generally entertained, that it was in contemplation to COMPEL a Division and Inclosure in severalty of the whole of the Wastes within the boundaries of the said Forests, and that the greatest part of the objections, which have been stated to the proposals of the Commissioners, are founded upon misapprehension;—the Commissioners are, therefore, desirous that it should p. 22be distinctly understood, that it never was their intention to urge the measure of a general Inclosure of those Wastes contrary to the wishes of the majority of the Freeholders, and that their only object will be, to obtain for His Majesty separate Allotments of such extent in the whole, as shall be equivalent to his Rights and Interests in that Property; leaving the residue to be occupied by the Proprietors as they may think fit, freed and discharged from the Jurisdiction of the Forest Courts, from the Controul of Forest Officers, from the pasturage of the King’s Deer, and from all other Forestal Rights of the Crown.
The Commissioners have, therefore, determined to confine their Proceedings to this Object, and having given the best Consideration in their power to the Communications and Suggestions contained in the Memorials and Representations above referred to, I have received their Commands to send, for your information, the inclosed Heads of the Bill now intended to be proposed to Parliament, in which the Commissioners have modified their former Proposals, with a view to the interests and local convenience of the owners of Property in and adjoining those Forests, as far as they deem to be compatible with their public Duty.
It having been mentioned, in my former Letter, that a Public Meeting would probably be convened for the purpose of considering any details or matters of local convenience which it might have been desirable p. 23to settle, previous to the introduction of the Bill into Parliament, I am directed to state, that as the Measure is now intended to be confined to a separation of the Rights and Interests of the Crown from those of the Proprietors, it seems to the Commissioners, that any question which may arise respecting those Rights and Interests may be better discussed by Communications with them, or with their Solicitor, than they could be at any Public Meeting.
I have the honour to be,
Sir,
Your most obedient Servant,
A. MILNE.
HEADS of the BILL proposed to be submitted to Parliament, in the present Session, for vesting in His Majesty certain Portions of the said Forests in lieu of his Forestal and other Rights, and for disafforesting the said Forests.
It is proposed,
1st. That the Commissioners to be named as hereinafter mentioned shall be empowered and directed to set out and allot two-third parts of that portion of Hainault Forest, called “King’s Woods,” to be for ever held by His Majesty in severalty, as a Nursery for Timber for the Navy, freed and discharged from all Rights of Common, and other Rights whatever, as a Compensation for the Right of Soil, and all Forestal and other Rights of His Majesty, or of those holding any Office or Offices under the Crown, in and over the other, or remaining third part of such Woods, except the Timber and Underwood growing thereon, which are to be reserved to His Majesty, and to be cut down and cleared p. 25away within three years after the passing the Act.
2d. That such remaining third part shall be possessed and enjoyed IN COMMON by the several persons who are now, or would have been, entitled to Rights of Common over the whole of the said Woods, if such proposed severance had not been made, freed and discharged from all Rights of Soil, and all Forestal and other Rights of His Majesty and his Successors therein, or of those holding any Office or Offices under the Crown, save as aforesaid.
3d. That the Commissioners shall be authorized and directed to set out and allot unto and for His Majesty in each and every of the other Parishes or Manors situate within the Forests, over which the Forestal Rights of His Majesty shall be found and ascertained to extend, so much of the open and waste Lands within each and every of such Parishes or Manors, (except the King’s Woods aforesaid) as shall, quantity, quality, and situation considered, be equal to nine thirty-second parts of so much of the Waste Lands in each and every of such Parishes or Manors respectively as are within the Boundaries and Limits of the said Forest, and subject to the Forestal Rights of His Majesty as aforesaid, in satisfaction of such Forestal and other Rights in and over such Parishes respectively.
p. 264th. That the Timber and Underwood now growing on such of the Allotments to be made to His Majesty, as are herein last described, shall be cut down and removed by the Parties now entitled to the same within three years after the passing of the Act, or shall be taken with the Allotment, and paid for by the Crown, according to the Valuation of the Commissioners under the Act, at the option of the party so entitled.
5th. That all the remainder of the Waste Lands within the said Forest not so alloted to His Majesty, shall remain for the benefit of the several Lords of Manors, Owners of Soil, and other Persons entitled to Rights of Common on the Forest, to be enjoyed IN COMMON as heretofore, according to their respective Rights and Interests therein, freed and discharged from the Jurisdiction of the Forest Court, all Rights of His Majesty, and his Successors, or of those holding any Office or Offices under the Crown.
6th. That the Allotments to be made to His Majesty shall be freed and discharged from all Rights of Common, of what nature or kind soever, and shall be in full Compensation and Satisfaction of all Forestal Rights, Claims, and Demands, whatsoever, of His Majesty, or of those holding any Office or Offices under the Crown, over any of the open and inclosed Grounds within the Limits or Perambulations of the Forest.
p. 277th. That the Rights of His Majesty and His Officers in and over the Forest, and all Laws and Statutes now in force for protection of Deer, and for punishing Persons guilty of any Offences in breach of such Laws shall remain and continue in full force for the protection of the Deer within the regard of the Forest, and for the punishment of offences therein, until the 5th day of July, 1820.
8th. That the Commissioners of His Majesty’s Woods, &c. shall, as soon as conveniently may be, after the passing of the Act, and before the said 5th day of July, 1820, at furthest, cause all the Deer in the said Forest to be destroyed or removed.
9th. That from and after the said 5th day of July, 1820, all right of keeping Deer, and all other Forestal rights and Privileges whatsoever, either of His Majesty, or of those holding any Office or Offices under the Crown, within, upon, and over, the said Forest, shall cease, determine, and be for ever extinguished; and the whole of the said Forest shall be thenceforth disafforested to all intents and purposes whatsoever.
10th. That from thenceforth all Grants of any Offices, Bailiwicks, Walks, and Lodges, and all Salaries, Gratuities, and Fees, payable or allowed in respect of the same, shall cease or determine: p. 28and that the several persons holding, or entitled to such Offices, shall be compensated for the Abolition thereof, by or out of the Allotments to be made to His Majesty, as aforesaid, the quantum and amount of which compensations shall be settled by Referees.
11th. That two Commissioners, one to be nominated on the part of His Majesty, and the other on the parts of the Lords of Manors, Owners of Soil, and other persons having rights of Common on the Forest, shall be appointed for carrying the Act into execution, and all requisite Provisions shall be comprised in the Act for the Appointment of Successors to such Commissioners, and for the Nomination of Surveyors, &c.
12th. That the Commissioners of His Majesty’s Woods, &c. shall be empowered to sell or exchange all or any of the Allotments so to be made to or for His Majesty, as aforesaid, (except the Allotment of the King’s Woods, as aforesaid).
13th. That in the setting out the Allotments of the said Waste Lands for His Majesty, the Commissioners for carrying the Act into execution shall, in each and every Parish, select such Portions as shall least interfere with the general range of Pasturage over the remaining Waste, p. 29and shall, as far as may be, have regard to the convenience and accommodation of the inhabitants; and, to that end, where notice shall be given within a time to be limited in the said Act, by any Owner or Occupier of any House or Land within the Forests to the said Commissioners, of his desire to have any Portion of the King’s Allotment of the said Waste set out contiguous to his House, Garden or Pleasure Grounds, with an intent that he may become the Purchaser thereof at a fair Valuation, the said Commissioners shall, if the same can be conveniently done, set out a portion not exceeding five Acres of the Allotment for His Majesty in such Parish, as near and contiguous to the House of the Person giving such Notice as may be, and the same shall be sold to the Person so applying at a Valuation to be made thereof by the Commissioners. Or, if more than one Person shall give notice of their desire to purchase the same Lot, then such Lot shall be divided in portions to be ascertained, with reference to the extent and value of the Property to which it is proposed to be laid, and be offered to the Owners of such Property, in the portions so to be ascertained as aforesaid.
14th. That the Expenses of passing the Act shall be borne and paid by the Commissioners of Woods, on behalf of His Majesty, and also one half part of the Expenses of carrying the same into p. 30execution, and that the other half part shall he borne and paid by the Lords of Manors, Freeholders, and Parties entitled to Rights over the Waste, and shall be raised by the sale of such an Allotment of their residue of the Waste as shall be deemed sufficient for that purpose.
15th. That the Commissioners for carrying the Act into execution shall be required to complete their Award, and all Proceedings under the Act, on or before the 5th day of July, 1820.
THE END.
[17] In allusion to every rood maintaining its man.
***END OF THE PROJECT GUTENBERG EBOOK THOUGHTS ON THE PROPOSED INCLOSURE OF WALTHAM (COMMONLY CALLED EPPING) AND HAINAULT FORESTS***
***** This file should be named 53866-h.htm or 53866-h.zip******
This and all associated files of various formats will be found in:
http://www.gutenberg.org/dirs/5/3/8/6/53866
Updated editions will replace the previous one--the old editions will
be renamed.
Creating the works from print editions not protected by U.S. copyright
law means that no one owns a United States copyright in these works,
so the Foundation (and you!) can copy and distribute it in the United
States without permission and without paying copyright
royalties. Special rules, set forth in the General Terms of Use part
of this license, apply to copying and distributing Project
Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm
concept and trademark. Project Gutenberg is a registered trademark,
and may not be used if you charge for the eBooks, unless you receive
specific permission. If you do not charge anything for copies of this
eBook, complying with the rules is very easy. You may use this eBook
for nearly any purpose such as creation of derivative works, reports,
performances and research. They may be modified and printed and given
away--you may do practically ANYTHING in the United States with eBooks
not protected by U.S. copyright law. Redistribution is subject to the
trademark license, especially commercial redistribution.
START: FULL LICENSE
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full
Project Gutenberg-tm License available with this file or online at
www.gutenberg.org/license.
Section 1. General Terms of Use and Redistributing Project
Gutenberg-tm electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg-tm electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg-tm electronic work and you do not agree to be bound
by the terms of this agreement, you may obtain a refund from the
person or entity to whom you paid the fee as set forth in paragraph
1.E.8.
1.B. "Project Gutenberg" is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this
agreement and help preserve free future access to Project Gutenberg-tm
electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation ("the
Foundation" or PGLAF), owns a compilation copyright in the collection
of Project Gutenberg-tm electronic works. Nearly all the individual
works in the collection are in the public domain in the United
States. If an individual work is unprotected by copyright law in the
United States and you are located in the United States, we do not
claim a right to prevent you from copying, distributing, performing,
displaying or creating derivative works based on the work as long as
all references to Project Gutenberg are removed. Of course, we hope
that you will support the Project Gutenberg-tm mission of promoting
free access to electronic works by freely sharing Project Gutenberg-tm
works in compliance with the terms of this agreement for keeping the
Project Gutenberg-tm name associated with the work. You can easily
comply with the terms of this agreement by keeping this work in the
same format with its attached full Project Gutenberg-tm License when
you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are
in a constant state of change. If you are outside the United States,
check the laws of your country in addition to the terms of this
agreement before downloading, copying, displaying, performing,
distributing or creating derivative works based on this work or any
other Project Gutenberg-tm work. The Foundation makes no
representations concerning the copyright status of any work in any
country outside the United States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other
immediate access to, the full Project Gutenberg-tm License must appear
prominently whenever any copy of a Project Gutenberg-tm work (any work
on which the phrase "Project Gutenberg" appears, or with which the
phrase "Project Gutenberg" is associated) is accessed, displayed,
performed, viewed, copied or distributed:
This eBook is for the use of anyone anywhere in the United States and
most other parts of the world at no cost and with almost no
restrictions whatsoever. You may copy it, give it away or re-use it
under the terms of the Project Gutenberg License included with this
eBook or online at www.gutenberg.org. If you are not located in the
United States, you'll have to check the laws of the country where you
are located before using this ebook.
1.E.2. If an individual Project Gutenberg-tm electronic work is
derived from texts not protected by U.S. copyright law (does not
contain a notice indicating that it is posted with permission of the
copyright holder), the work can be copied and distributed to anyone in
the United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase "Project
Gutenberg" associated with or appearing on the work, you must comply
either with the requirements of paragraphs 1.E.1 through 1.E.7 or
obtain permission for the use of the work and the Project Gutenberg-tm
trademark as set forth in paragraphs 1.E.8 or 1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg-tm License for all works
posted with the permission of the copyright holder found at the
beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including
any word processing or hypertext form. However, if you provide access
to or distribute copies of a Project Gutenberg-tm work in a format
other than "Plain Vanilla ASCII" or other format used in the official
version posted on the official Project Gutenberg-tm web site
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original "Plain
Vanilla ASCII" or other form. Any alternate format must include the
full Project Gutenberg-tm License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works
provided that
* You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is owed
to the owner of the Project Gutenberg-tm trademark, but he has
agreed to donate royalties under this paragraph to the Project
Gutenberg Literary Archive Foundation. Royalty payments must be paid
within 60 days following each date on which you prepare (or are
legally required to prepare) your periodic tax returns. Royalty
payments should be clearly marked as such and sent to the Project
Gutenberg Literary Archive Foundation at the address specified in
Section 4, "Information about donations to the Project Gutenberg
Literary Archive Foundation."
* You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and discontinue
all use of and all access to other copies of Project Gutenberg-tm
works.
* You provide, in accordance with paragraph 1.F.3, a full refund of
any money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days of
receipt of the work.
* You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project
Gutenberg-tm electronic work or group of works on different terms than
are set forth in this agreement, you must obtain permission in writing
from both the Project Gutenberg Literary Archive Foundation and The
Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm
trademark. Contact the Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
works not protected by U.S. copyright law in creating the Project
Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm
electronic works, and the medium on which they may be stored, may
contain "Defects," such as, but not limited to, incomplete, inaccurate
or corrupt data, transcription errors, a copyright or other
intellectual property infringement, a defective or damaged disk or
other medium, a computer virus, or computer codes that damage or
cannot be read by your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium
with your written explanation. The person or entity that provided you
with the defective work may elect to provide a replacement copy in
lieu of a refund. If you received the work electronically, the person
or entity providing it to you may choose to give you a second
opportunity to receive the work electronically in lieu of a refund. If
the second copy is also defective, you may demand a refund in writing
without further opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of
damages. If any disclaimer or limitation set forth in this agreement
violates the law of the state applicable to this agreement, the
agreement shall be interpreted to make the maximum disclaimer or
limitation permitted by the applicable state law. The invalidity or
unenforceability of any provision of this agreement shall not void the
remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in
accordance with this agreement, and any volunteers associated with the
production, promotion and distribution of Project Gutenberg-tm
electronic works, harmless from all liability, costs and expenses,
including legal fees, that arise directly or indirectly from any of
the following which you do or cause to occur: (a) distribution of this
or any Project Gutenberg-tm work, (b) alteration, modification, or
additions or deletions to any Project Gutenberg-tm work, and (c) any
Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers. It
exists because of the efforts of hundreds of volunteers and donations
from people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need are critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help, see
Sections 3 and 4 and the Foundation information page at
www.gutenberg.org
Section 3. Information about the Project Gutenberg Literary
Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation's EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg Literary
Archive Foundation are tax deductible to the full extent permitted by
U.S. federal laws and your state's laws.
The Foundation's principal office is in Fairbanks, Alaska, with the
mailing address: PO Box 750175, Fairbanks, AK 99775, but its
volunteers and employees are scattered throughout numerous
locations. Its business office is located at 809 North 1500 West, Salt
Lake City, UT 84116, (801) 596-1887. Email contact links and up to
date contact information can be found at the Foundation's web site and
official page at www.gutenberg.org/contact
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To SEND
DONATIONS or determine the status of compliance for any particular
state visit www.gutenberg.org/donate
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg Web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations. To
donate, please visit: www.gutenberg.org/donate
Section 5. General Information About Project Gutenberg-tm electronic works.
Professor Michael S. Hart was the originator of the Project
Gutenberg-tm concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg-tm eBooks with only a loose network of
volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.
Most people start at our Web site which has the main PG search
facility: www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.