Inclosure Act 1836

Publication Date:January 01, 1836
Anno Regni GULIELMI IV. Britanniarum Regis, Sexto. An Act for facilitating the Inclosure of Open and Arable Fields inEngland and Wales .

(6 & 7 Will. 4) C A P. CXV.

[20th August 1836]

'WHEREAS there are in many Parishes, Townships, and Places inEngland and Wales divers Open and Common Arable, Meadow, and Pasture Lands and Fields, and the Lands of the several Proprietors of the same are frequently very much intermixed and dispersed, and it would tend to the improved Cultivation and Occupation of all the aforesaid Lands within such Parishes, Townships, and Places, and be otherwise advantageous to the Proprietors thereof and Persons interested therein, if they were enabled by a General Law to divide and inclose the same: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled An Act for consolidating in One Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of proving the several Facts usually required on the passing of such Acts;And whereas another Act was passed in the First Year of His late Majesty KingGeorge the Fourth, intituled An Act to amend the Law respecting the inclosing of Open Fields, Pastures, Moors, Commons, and Waste Lands in England:' 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 Parliament assembled, and by the Authorityof the same, That from and after the passing of this Act it shall be lawful for Two Third Parts in Number and Value (such Value to be ascertained as herein-after mentioned) of the several Persons who shall be seized or possessed of or entitled in possession to or interested in possession in any Rights of Common or other Rights in any Open and Common Arable Fields (including any untilled Slips or Balks therein), or any Open and Common Meadow or Pasture Lands or Fields, in any Parish, Township, or Place inEngland or Wales , known by Metes and Bounds, or occupied according to known and legal Rights (except as herein-after provided), as Tenant in Fee Simple or in Fee Tail, General or Special, or for Life or Lives, or by the Courtesy of England , or for any other Estate of or as of Freehold, or for Years determinable on any Life or Lives, or for any Term of Years whereof One hundred Years shall be unexpired, or as a Holder of Lands or Rights of Copyhold, Customary, Tenant Right, or other Tenure, of an Estate or Interest equal in Quantity to the Estates herein-before mentioned or any of them, and for the Guardian, Trustee, Feoffee for charitable or other Uses, Husband or Committee of such Person who at the Time of any Agreement for or on the making of any Inclosure authorized by this Act shall be an Infant, Idiot, Lunatic, or Feme Covert, or under any other Disability, in such Manner and with such Consent as is herein-after mentioned, to inclose such Open and Common Arable, Meadow, and Pasture Lands and Fields, or any of them, and to extinguish the Right of Inter-commonage which shall exist as well over as in respect of such Land; provided that no such Inclosure shall take place without the Consent in Writing under the Hands of Two Third Parts in Number and Value of the Persons so seised, possessed, entitled, or interested as aforesaid, or of the Guardians, Trustees, Feoffees, Husbands, or Committees aforesaid of such of the said Persons who may be under Disability as aforesaid, such Value to be ascertained by the Assessments of the Poor Rates of the respective Parishes or Townships for the then current Year, which Assessments of the Poor Rates, in case they shall not be made according to the full annual Amount or Value of the Tenements and Property thereby assessed, shall be increased or diminished so as to represent the full or true annual Value of the several Lands, Fields, and Rights liable to be affected by the intended Inclosure, and where the Lands are extra-parochial, or no Poor Rates shall exist in respect of any such Lands, then by the full or true annual Value thereof: Provided also, that no such Inclosure shall take place, nor shall any Agreement for that Purpose be binding, until a public Meeting of the Proprietors and Persons interested in the Lands intended to be inclosed shall have been previously called for the Purpose of taking the Expediency of such Inclosure into consideration by Notice under the Hands of Three or more of such Proprietors or Persons interested, such Notice to be affixed on the principal outer Door of the Church or Chapel of the Parishes, Townships, or Places wherein the Lands intended to be inclosed shall lie, or in case there be no such Church or Chapel, then on the Door of the Church or Chapel of some adjoining Parish, Township, or Place, and also advertised in some Newspaper circulating in the County wherein such Lands lie, at least Fourteen Days before the said intended Meeting; provided that such Inclosure may after such Meeting be proceeded with by and with the Consent in Writing of Two Third Parts in Number and Value of the Proprietors and Persons interested in the Lands intended to be inclosed, notwithstanding some of the Parties who may approve of and consent to such Inclosure may not be present at such Meeting, and may signify their Consent thereto after the same shall have been holden.

S-II The Consent of the Tenant in Remainder necessary in certain Cases.

II The Consent of the Tenant in Remainder necessary in certain Cases.

II. And be it further enacted, That whenever any Inclosure shall be proposed to be made or consented to under the Authority of this Act, or any Agreement for Compensation in pursuance of the Provisions in that respect herein-after contained shall be entered into, by any Person or Persons who being necessary to make up, and without whom there shall not be consenting Parties sufficient to make up, the Proportion of Two Third Parts in Number and Value herein-before required, or other the Proportion herein-after required in the Case of an Inclosure without the Assistance of Commissioners, and who shall have a less Estate or Interest in the Land to be inclosed, or the said Rights therein, than a Fee Simple or an Estate in Tail, or be an Holder of a Copyhold or Customaryhold Tenant Right or other Tenure in such Lands or Rights for any less Estate than an Estate or Interest in Fee or in Tail, or shall be under any Disability, such Consent shall not be available for the Purposes of this Act unless the Person to whom the next immediate vested Estate of Freehold or of Copyhold or Customaryhold Tenant Right or other Tenure of Inheritance, in Remainder or Reversion, shall have been limited, (provided such Person shall be of the full Age of Twenty-one Years, and being a Female shall be unmarried,) shall consent thereto in Writing; and such Consent shall be sufficient for the Purposes of this Act, notwithstanding the Person giving the same may have an equitable Estate only in the Land intended to be inclosed, or may have previously charged or incumbered his Reversionary Estate therein: Provided always, that if the Person to whom such next immediate vested Estate in Remainder or Reversion may have been limited shall at the Time such Inclosure is proposed to be made happen to be an Infant, Feme Covert, Idiot, or Lunatic, it shall be lawful for the Guardian or Husband or Committee of such Infant, Feme Covert, Idiot, or Lunatic to consent to such Inclosure in his or her Stead: Provided always, that in respect to any Land held in right of any Benefice no Consent of the Incumbent thereof shall alone be available for the Purposes of this Act, where such Consent shall be necessary to make up the Proportion of Two Third Parts in Number and Value herein-before required, or other the Proportion herein-after required in the Case of an Inclosure without the Assistance of Commissioners, without the Concurrence of the Patron of such Benefice, and of the Archbishop or Bishop to whose Ordinary or Peculiar Jurisdiction the said Benefice shall be subject; and if the Patron of such Benefice shall happen to be a Minor, Idiot, Lunatic, or Feme Covert, it shall be lawful for the Guardian, Committee, or Husband of such Patron to consent to such Inclosure in the Stead of such Patron, and on his or her Behalf: Provided always, that if the Patronage of such Benefice shall happen to be in the Crown, and the Benefice shall exceed the yearly Value of Twenty Pounds in the King's Books, no Consent of the Incumbent thereof shall be available for the Purposes of this Act, where such Consent shall be necessary to make up either of the Proportions aforesaid, without the Concurrence of the Lord High Treasurer, or the First Lord Commissioner of the Treasury for the Time being, who are respectively hereby authorized so to concur; but if such Benefice shall not exceed the yearly Value of Twenty Pounds in the King's Books, then no Consent of the Incumbent thereof shall be available for the Purposes of this Act, where such Consent shall be necessary to make up either of the Proportions aforesaid, without the Concurrence of the Lord High Chancellor, Lord Keeper orLords Commissioners of the Great Seal for the Time being, who is and are hereby authorized to give such Consent on behalf of the Crown.

S-III Commissioners to be nominated by the Parties consenting to the Inclosure.

III Commissioners to be nominated by the Parties consenting to the Inclosure.

III. And be it further enacted, That whenever the Persons whose Consents are hereby rendered necessary to any such Inclosure shall have consented thereto in manner in that Behalf herein authorized and required, it shall be lawful for the major Part in Number and Value of the Proprietors of and Persons interested in the Lands intended to be divided and inclosed, or their known Agents, who may be present at a Meeting to be called for that Purpose, to nominate and appoint in Writing under their Hands...

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