Inclosure Act 1756

JurisdictionUK Non-devolved
Citation1756 c. 36
Anno Regni vicesimo nono GEORGII II. An Act for inclosing by the mutual Consent of the Lords and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees.

(29 Geo. 2) C A P. XXXVI.

'W H E R E A S by the Statute made atMerton, it was provided and granted, That Lords of Wastes, Woods and Pastures in which their Tenants have Common of Pasture, reserving to their Tenants sufficient Pasture, as much as belongeth to their Tenements, with sufficient Ingress and Egress to the same, may approve the Residue of such Wastes, Woods and Pastures: And whereas by a Statute made in the thirteenth Year of the Reign of King Edward the Third, commonly called Westminsterthe Second , it was ordained, That the said Statute of Merton should hold Place between Lords of Wastes, Woods and Pastures, and their Neighbours, having Common Appurtenant therein; and Provision is thereby made against casting down Dikes and Hedges levied by such as have Right so to approve: And whereas by an Act made in the third and fourth Year of the Reign of KingEdward the Sixth, intituled,An Act concerning the Approvements of Moors and Waste Grounds ; the said Statutes, and all Articles thereof, then not repealed, were confirmed: And whereas the said Provisions for the Approvement of Wastes, Woods and Pastures, have been in many Cases rendered ineffectual, by the Contradiction and Dissent of a few Persons having Right of Common in the said Wastes, Woods and Pastures; who under Pretence that sufficient Pasture is not reserved to them, disturb the Lords of such Wastes, Woods and Pastures, or their Assigns, in the Possession of the Ground and Soil so approved, and discourage them from asserting their Right to make or continue such Approvement: And whereas the general Provisions made by an Act of the thirty-fifth Yearof the Reign of King Henry the Eighth, and by several other Acts of Parliament, for preserving Woods; and the particular Provisions made by two several Acts of Parliament of the twentieth Year of the Reignof King Charles the Second, intituled,An Act for the Increase and Preservation of Timber within the Forest of Dean; and the other of the ninth and tenth Year of the Reign of King William the Third, intituled,An Act for the Increase and Preservation of Timber in the New Forest, in the County of Southampton; whereby Part of the Waste Lands of the said several Forests are directed to be inclosed and kept in Severalty for the Growth and Preservation of Timber, have not been duly put in Execution: And whereas, for want of a proper Supply of Timber of the Growth of this Kingdom, a great Quantity of foreign Timber is necessarily used for building Ships and Houses, and for other Purposes; and the general Price of Timber and Wood is greatly increased: And whereas many Tracts of Waste Land, unfit for Tillage or Pasture, but capable of producing different Kinds of Trees, may conveniently be inclosed for the Growth of Timber and Underwood, to the Advantage both of the Owners of the Ground and Soil of such Wastes, and also such as have Right of Common therein; and such Inclosure will also be of publick Utility;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That it shall and may be lawful to and for his Majesty, his Heirs and Successors, and all other Owners of Wastes, Woods and Pastures, in that Part ofGreat Britain called England, wherein any Person or Persons, or Body or Bodies Politick or Corporate, hath or have Right of Common of Pasture, by and with the Assent of the major Part in Number and Value of the Owners and Occupiers of Tenements to which the said Right of Common of Pasture doth belong, and to and for the major Part in Number and Value of the Owners and Occupiers of such Tenements, by and with the Assent of the Owner or Owners of the said Wastes, Woods and Pastures, and to and for any other Person or Persons, or Body Politick or Corporate, by and with the Assentand Grant of the Owner or Owners of such Wastes, Woods and Pastures, and the major Part in Number and Value of the Owners and Occupiers of such Tenements, to inclose and keep in Severalty, for the Growth and Preservation of Timber or Underwood, any Part of such Wastes, Woods and Pastures, for such Time, and in such Manner, and upon such Conditions, as shall be agreed by them respectively.

S-II If any Recompence be agreed to be given to the Tenant; in what Manner the same is to be made and applied.

II If any Recompence be agreed to be given to the Tenant; in what Manner the same is to be made and applied.

II. Provided nevertheless, and be it enacted by the...

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