Inclosure Act 1845

JurisdictionUK Non-devolved
Citation1845 c. 118
Anno Regni VICTORI, Britanniarum Regin,Octavo & Nono. An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common, the Exchange of Lands, and the Division of intermixed Lands; to provide Remedies for defective or incomplete Executions, and for the Non-execution of the Powers of general and local Inclosure Acts; and to provide for the Revival of such Powers in certain Cases.

(8 & 9 Vict.) C A P. CXVIII.

[8th August 1845]

'WHEREAS it is expedient to facilitate the Inclosure and Improvement of Commons and other Lands now subject to Rights of Property which obstruct Cultivation and the productive Employment of Labour, and to facilitate such Exchanges of Lands, and such Divisions of Lands intermixed or divided into inconvenient Parcels, as may be beneficial to the respective Owners; and it is also expedient to provide Remedies for the defective or incomplete Execution and for the Non-execution of Powers created by general and local Acts of Inclosure, and to authorize the Revival of such Powers in certain Cases:' Be it therefore 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 it shall be lawful for One of Her Majesty's Principal Secretariesof State to appoint any Two fit Persons to be Commissioners under this Act, and at pleasure to remove the Commissioners so appointed, or either of them; and upon every Vacancy in the Office of such Commissioner some other fit Person shall be appointed to such Office in like Manner; and the Commissioners so to be appointed shall, with the First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings for the Time being, be the Commissioners for carrying this Act into execution; and during any Vacancy in the Office of Commissioner under this Act it shall be lawful for the continuing Commissioners or Commissioner to act as if no such Vacancy had occurred.

S-II Chairman of Commissioners.

II Chairman of Commissioners.

II. And be it enacted, That the said First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings for the Time being shall be the Chairman of the Commissionersacting in the Execution of this Act; and such Commissioners shall be styled ‘The Inclosure Commissioners forEngland and Wales ,’ and shall have their Office in London or Westminster , and they, or any Two of them, may sit from Time to Time, as they deem expedient, as a Board of Commissioners for carrying this Act into execution; and the Commissionersshall cause to be made a Seal of the said Board, and shall cause to be sealed therewith all Awards and Orders made or confirmed by the Commissioners in pursuance of this Act; and all such Awards and Orders and other Instruments proceeding from the said Board, or Copies thereof, purporting to be sealed with the Seal of the said Board, shall be received in Evidence, without any further Proof thereof; and no Award or Order of the Commissioners under the Authority of this Act shall be of any Force unless the same shall be sealed as aforesaid.

S-III Commissioners to make annual Reports;

III Commissioners to make annual Reports;

III. And be it enacted, That the Commissioners shall from Time to Time give to any One of Her Majesty's Principal Secretaries of State such Information respecting their Proceedings as such Principal Secretary of State shall require, and shall in the Month ofJanuary in every Year send to One of the Principal Secretaries of State a general Report of their Proceedings, specifying the Applications which may have been made to them under the Provisions of this Act, and the several Cases in which they shall have authorized Inclosures, and the Grounds on which they may have withheld their Consent to such Application, and also the Cases in which they shall be of opinion that proposed Inclosures, which may not be made without the Direction of Parliament, would be expedient; and such Report shall separately distinguish all such proposed Inclosures as relate to Lands situate within Fifteen Miles of the City of London , and within such respective Distances of other Cities or Towns as herein-after mentioned, and shall state in each such Case the special Grounds on which they shall be of opinion that such Inclosure shall be expedient; and as well in the Cases in which they shall have authorized Inclosures as in the other Cases aforesaid such Report shall state the Extent of the Land authorized and proposed to be inclosed, with such other Particulars as herein-after directed; and such Report shall also specify the Progress which shall have been made in Inclosures which the Commissioners may have authorized, and in the Inclosures which Parliament may have directed to be proceeded with; and every such Report shall be laid before both Houses of Parliament within Six Weeks after the Receipt of the same by such Principal Secretary of State, if Parliament be sitting, or if Parliament be not sitting then within Six Weeks after the next Meeting of Parliament; and such Commissioners may from Time to Time send to One of the Principal Secretaries of State such special Reportsin relation to all or any of the Matters aforesaid as they may think fit.

S-IV Power to appoint and remove Assistant Commissioners, &c.

IV Power to appoint and remove Assistant Commissioners, &c.

IV. And be it enacted, That it shall be lawful for the Commissioners from Time to Time to appoint a sufficient Number of Persons to be Assistant Commissioners, and also a Secretary, and such Clerks, Messengers, and Officers as they shall deem necessary, and to remove such Assistant Commissioners, Secretary, Clerks, Messengers, and Officers, or any of them, and on any Vacancy in any of the said Offices to appoint some other Person to the vacant Office; and the Persons so appointed shall assist in carrying this Act into execution at such Places and in such Manner as the Commissioners may direct: Provided always, that no such Appointment shall be made by the Commissioners unless the Lord High Treasurer or any Three or more of the Commissioners of Her Majesty's Treasury shall in the Case of each such Appointment consent thereto.

S-V Appointments under this Act limited to Five Years.

V Appointments under this Act limited to Five Years.

V. And be it enacted, That no Commissioner or Assistant Commissioner, Secretary, or other Officer or Person so to be appointed, shall hold his Office for a longer Period than Five Years next after the Day of the passing of this Act, and thenceforth until the End of the then next Session of Parliament; and after the Expiration of the said Period of Five Years and of the then next Session of Parliament so much of this Act as authorizes any such Appointment shall cease.

S-VI Salaries and Allowances.

VI Salaries and Allowances.

VI. And be it enacted, That it shall be lawful for the Lord High Treasurer or Commissioners of Her Majesty's Treasury to direct a Salary, not exceeding One thousand five hundred Pounds by the Year, to be paid to One of the Commissioners for the Time being appointed under this Act; but, except as aforesaid, no Salaries shall be paid to the Commissioners in respect of their Appointments under this Act; and the Allowances to the Assistant Commissioners, and the Salaries of the Secretary, Clerks, Messengers, and other Officers to be appointed under this Act, shall be from Time to Time regulated by the Lord High Treasurer, or the Commissioners of Her Majesty's Treasury or any Three of them: Provided always, that the Allowance to an Assistant Commissioner shall not exceed the Sum of Three Pounds Three Shillings for every Day he shall be actually employed or travelling in the Performance of the Duties of his Office; provided also, that the said Lord High Treasurer or Commissioners may allow to any Commissioner, Assistant Commissioner, Secretary, Clerk, Messenger, or other Officer such reasonable travelling and other Expences as may be incurred by him in the Performance of his Duties under this Act, in addition to his Salary or Allowance (if any) respectively.

S-VII Allowances and Salaries to be paid out of the Consolidated Fund.

VII Allowances and Salaries to be paid out of the Consolidated Fund.

VII. And be it enacted, That the Allowances and Salaries of such Commissioner, Assistant Commissioners, Secretary, Clerks, Messengers, and Officers as aforesaid, and all other incidental Expences of carrying this Act into execution not herein otherwise provided for, shall be paid by the Lord High Treasurer or the Commissioners of Her Majesty's Treasury out of the Consolidated Fund of the United Kingdom ofGreat Britain and Ireland .

S-VIII Commissioners and Assistant Commissioners to make a Declaration.

VIII Commissioners and Assistant Commissioners to make a Declaration.

VIII. And be it enacted, That every Commissioner shall before he shall enter upon the Execution of his Office make the following Declaration before One of the Judges of Her Majesty's Court of Queen's Bench or Common Pleas, or One of the Barons of the Court of Exchequer; (that is to say,)

'I do solemnly declare, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, execute the Powers and Duties of a Commissioner under an Act passed in the Year of the Reign of QueenVictoria , intituled [here set forth the Title of this Act ].'

And every Assistant Commissioner shall, before he shall enter upon the Execution of his Office, make the like Declaration (substituting the Words ‘Assistant Commissioner’ for the Word ‘Commissioner’) before such Judge or Baron, or before any Two Justices of the Peace for the County, Riding, Division, Liberty, or Jurisdiction wherein such Assistant Commissioner shall be resident at...

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