Inclosure Act 1846
| Jurisdiction | UK Non-devolved |
| Citation | 1846 c. 70 |
(9 & 10 Vict.) C A P. LXX.
[26th August 1846]
'WHEREAS an Act was passed in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled and it is expedient that the said Act should be amended as 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, Thatwhere it shall appear to the Commissioners that the Terms and Conditions of any Provisional Order heretofore issued or which shall hereafter be issued by the Commissioners in the Matter of an Inclosure ought to be varied or amended, it shall be lawful for the Commissioners, at any Time before they shall have certified in their annual General Report their Opinion that the proposed Inclosure would be expedient, or, in case the Land proposed to be inclosed shall be Land to the Inclosure of which the previous Authority of Parliament shall not be necessary before they shall have caused Notice to be given of their Intention to proceed with such Inclosure, whether the requisite Consents shall or shall not have been taken to such Provisional Order, to make void and cancel the same, and to issue in lieu thereof such varied or amended Provisional Order as they shall think fit; and such Deposit shall be made, and Notice given, and other Proceedings had thereupon, as by the said Act would have been required in respect of an Original Provisional Order in the like Matter; and in case any Consents shall have been taken to a Provisional Order, and it shall not appear necessary to the Commissioners wholly to cancel the same, then it shall be lawful for the Commissioners, at any Time before they shall have certified in their annual General Report their Opinion that the proposed Inclosure would be expedient, or in case the Land proposed to be inclosed shall be Land to the Inclosure of which the previous Authority of Parliament shall not be necessary at any Time before they shall have caused Notice to be given of their Intention to proceed with such Inclosure, to vary or amend the Terms and Conditions of such Provisional Order, or any of them, by a SupplementalProvisional Order: Provided always, that in every Case in which a Supplemental Provisional Order shall be made, the Commissioners shall cause a Copy thereof to be deposited for Inspection in the same Manner as by the said Act required in reference to a Provisional Order, and shall cause Notice to be given of such Deposit, and shall by such Notice specify the Time within which Dissents may be signified to such Supplemental Order; and unless Persons the aggregate Amount of whose Interests in the Land proposed to be inclosed shall exceed One Third in Value of the whole Interest in such Land shall, within the Time so limited, signify in Writing to the Commissioners their Dissent from such Supplemental Order, such Order shall, for all the Purposes of the Inclosure, be deemed Part of the Provisional Order.
II Supplemental Order not to take effect unless Consent of certain Parties be obtained.
II. Provided always, and be it enacted, That where under the said Act the Consent of the Person interested in such Land in right of a Manor is required to an Inclosure, or the Dissent of any Person or Persons so interested might, in respect of his or their Interest in right of a Manor, have prevented an Inclosure, such Supplemental Order shall not take effect in case such Person or Persons respectively shall, within the Time so limited, signify in Writing to the Commissioners his or their Dissent from such Order; and where the Freemen, Burgesses, or Inhabitant Householders of any City, Borough, or Town shall be entitled to Rights of Common or other Interests in such Land, no Supplemental Provisional Order shall take effect without the like Consents of the like Number of such Freemen, Burgesses, and Inhabitant Householders as would have been required to the Provisional Order.
III If Orders do not take effect, Commissioners may suspend Proceedings.
III. And be it enacted, That in case any Supplemental Provisional Order so issued shall not take effect by reason of Dissents having been signified as aforesaid, the Commissioners may, at their Discretion, proceed as if such Supplemental Provisional Order had not been issued, or may suspend all Proceedings in the Inclosure.
IV As to Allotments for Exercise and Recreation, &c.;
IV. And be it enacted, That where Allotments for Exercise and Recreation, or for the labouring Poor, or for any other public Purpose, shall have been made the Condition of any Provisional or any Supplemental Provisional Order, it shall be lawful for the Commissioners, on the Application in Writing of the Valuer, at any Time before such Valuer shall have made his Award, under their Seal, to allow an equal Quantity of the Land proposed to be inclosed to be allotted for either or both of the Purposes aforesaid, or for any other public Purpose, in lieu of that which may have been directed to have been allotted by the Original or any Supplemental Provisional Order.
V and Allotments to Lord of Manor for Right of Soil, &c.
V. And be it enacted...
To continue reading
Request your trial