Inclosure Act 1859
| Year | 1859 |
(22 & 23 Vict.) C A P. XLIII.
[13th August 1859]
'WHEREAS it is expedient to amend and extend the Provisions of the Acts for the Inclosure, Exchange, and Improvement of Land:' Be it enacted by the Queen'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, as follows:
I Provisional Order to specify what Rights are reserved as to Mines, &c.
I. On any Inclosure where the Mines, Minerals, Stone, or other Substrata under the Land to be inclosed shall be excepted or reserved to the Lord of the Manor or any other Person, the Provisional Order to be made by the Inclosure Commissioners forEngland and Wales shall (in addition to the other Matters to be specified therein under the said Acts) specify whether or not a Right to enter the Lands when inclosed for the Purpose of opening, working, or winning such Mines, Minerals, Stone, and other Substrata, is to be reserved to such Lord or other Person, and whether or not any Compensation is to be made by the Persons exercising such last-mentioned Right, for any Damage to the Surface which may thereby be done, and if not, then whether or not any such other Provision for Compensation of such Damage as herein-after mentioned is to be made.
II Provision as to Surface Damage.
II. For the Purpose of providing for Compensation for any such Damage as aforesaid, it shall be lawful for the Lord of the Manor or other the Person entitled to such Mines, Minerals, Stone, or other Substrata as aforesaid, and for the other Persons interested in the Land proposed to be inclosed, or such Proportion of the Persons so interested as by the Twenty-seventh Section of the Act of the Eighth and Ninth Years of Her Majesty, Chapter One hundred and eighteen, are required to Consent to an Inclosure before the Inclosure Commissioners can in any annual General Report certify their Opinion that the proposed Inclosure would be expedient, to agree as to the Mode in which Compensation for Surface Damage from such Entry, and opening, working or winning, shall be made to the individual Owners whose Allotments may be so damaged, whether wholly by the Lord or such other Person entitled to the Mines, Minerals, Stone, or other Substrata as aforesaid, or wholly by the Owners of Allotments (including the Lord or such other Person) collectively, or partly by the Lord or such other Person and partly by the other Owners of Allotments collectively; and such Agreement, when made, shall, if allowed by the Inclosure Commissioners, be stated to the Valuer as Part of his Instructions, and its Terms shall be embodied by him in his Report and in his Award of which it shall form Part.
III Powers to work Mines, &c.
III. In every Case in which the Right and Interest in all or any Mines, Minerals, Stone, and other Substrata are reserved by any Provisional Order to be issued after the passing of this Act to the Lord of the Manor or such other Person entitled to the Soil of the Land inclosed as aforesaid, and with a further Reservation to the Lord or to such other Person of a Right to enter the Lands when inclosed, and work such Mines, Minerals, Stone, and other Substrata, it shall be lawful for the Lord, his Heirs and Assigns, or for such other Person entitled to the Soil as aforesaid, his Heirs and Assigns, at any and at all Time and Times thereafter, by himself or themselves, or his or their Tenants, Agents, or Servants, and with or without Horses or other Animals, or Carriages, and Materials of all Kinds, to enter upon the said Lands or any Part thereof, and to break the Surface thereof, and search for, win, work, take, and carry away the said Mines, Minerals, Stone, and other Substrata, or any of them, and for that Purpose to dig, sink, drive, and make Pits, Shafts, Drifts, Headways, Levels, Adits, Airgates, Watercourses, Soughs, Trenches, Buddles, Fences, and Sluices, and to erect, build, and make Pumps, Engines, Furnaces, Smelting Houses, Stamping Mills, Ore and Store Houses, Sheds, Hovels, and Stables, and other Erections, and to do all other Things necessary or convenient, as well for working the said Mines, as for refining the Metals and Minerals, hewing and working the Stone and other Substrata, and removing all the Water, Slag, and Rubbish from the Works, and for the Accommodation of the Persons employed therein, and to occupy such Part of the said Land as shall be convenient and sufficient for laying, ordering, and dressing the...
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