Inclosure Act 1847
| Year | 1847 |
(10 & 11 Vict.) C A P. CXI.
[23d July 1847]
'WHEREAS an Act was passed in the Session of Parliament holden in the Eighth and Ninth Years of Her present Majesty, intituled : And whereas it is expedient further to facilitate Proceedings under the said recited Act in the Cases herein-after mentioned:' 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, That where an Action, Suit, or Difference shall be pending concerning the Title to any Manor, Land, or Right, or to an Estate or Interest therein, of which the actual Owner would, under the Definitions of the said Act, be (in respect of such Manor, Land, or, Right,) the Person interested in Land concerning which any Application or Proceeding may be made or be pending under the said Act, the Consent of both the Persons between whom such Action, Suit, or Difference may be pending, to any Application, Inclosure, or other Proceeding under the said Act, shall be as effectual as the Consent of the actual Owner of the Manor, Land, or Right, or of such Estate or Interest therein, would have been in case no Action, Suit, or Difference had been pending,
II Provision for the Case of more than One Person claiming to be interested.
II. Provided always, and be it enacted, That where, according to the Claim of a Party to such Action, Suit, or Difference, more than One Person would be or become interested as aforesaid in respect of such Manor, Land, or Right, such Consent of such Number or Portion, or (as the Case may require) such Non-signification of Dissent by such Number or Portion of the Persons who would so become interested, to the Application, Inclosure, or other Proceeding as would have been sufficient in case such Claim had been established shall be equivalent to the Consent of the Party so claiming under the Provisions of this Act.
III Saving Rights of the Crown and others to the Soil of Encroachments.
III. And be it enacted and declared, That where any Lands shall have been inclosed, by way of Encroachment or otherwise, from any Land subject to be inclosed under the said recited Act, for more than Twenty Years next preceding the Day of the First Meeting for the Examination of Claims in the Matter of an Inclosure under the Provisions of the said Act, and shall not, with such Consent as in the said Act provided, be directed by the Valuer to be considered as allottable, and Parcel of the Land to be inclosed, neither the Award, in the Inclosure under the Provisions of the said Act, nor any Consents or Orders previous thereto, shall be taken to divest, defeat, or prejudice any Property, Estate, Right, or Title of Her Majesty or of any other Person in or to the Lands so inclosed for Twenty Years or upwards as aforesaid, or the Minerals or Substrata under the same, or in or to any Rent or Payment payable in respect thereof (except only any Rights of Common intended to be extinguished by the Inclosure under the Provisions of the said Act).
IV Exchanges may be made of Land,...
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