Inclosure Act 1848
| Jurisdiction | UK Non-devolved |
| Citation | 1848 c. 99 |
| Year | 1848 |
(11 & 12 Vict.) C A P. XCIX.
[4th September 1848]
'WHEREAS an Act was passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled : And whereas an Act was passed in the Session of Parliament holden in the Ninth and Tenth Years of Her present Majesty, intituled : And whereas an Act was passed in the Session of Parliament holden in the Tenth and Eleventh Years of Her present Majesty, intituled : And whereas it is expedient that the Provisions of the said Acts should be further extended:' 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 it shall be lawful for the Commissionersin their Provisional Order in the Matter of any Inclosure to set forth any special Agreement or Matter concerning or affecting the Lands to be inclosed, and to make the same a Condition of such Inclosure; and that where, after an Application shall have been made to the Commissioners to sanction an Inclosure, or to certify the Expediency of an Inclosure, under the Provisions of the said firstly-recited Act, any Person interested within the Meaning of the said Act in Land not subject to the Operation of the Inclosure proposed to be made under such Application shall, by Application in Writing to the Commissioners, submit to the Operation of the proposed Inclosure such Land, or any Easement or other Right or Interest in such Land, in consideration of any Allotment, Easement, or Benefit to be made or secured under such Inclosure, and shall specify his Estate and Interest in such Land, the Commissioners, if they shall think the Proposal beneficial, may embody in their Provisional Order in the Matter of the said Inclosure any Directions and Agreements in reference to such Proposal, and make such Directions and Agreements a Condition of such Inclosure; and an Award made in the Matter of such Inclosure, in pursuance of any Provisional Order containing such Condition, and signed by the Person making such Application, shall have as full Effect and be as binding, as well as respects the Land or Right or Interest in Land which shall have been so submitted to the Operation thereof as the Lands subject to be inclosed under the original Application, as if the Land or Right or Interest in Land so submitted had been Land subject to be inclosed under the original Application, and as if such Person so interested had signed the same Application: Provided always, that if such Person shall refuse or neglect to sign such Provisional Order, such Inclosure may proceed as regards the Land the immediate Subject of such Inclosure as if no Application by such Person had been made, and as if the Directions and Agreements in reference to such Proposal had not been embodied in such Provisional Order: Provided also, that no such Direction or Agreement as last aforesaid shall be embodied in a Provisional Order unless Notice of the Intention so to do shall have been given by Advertisement in Two successive Weeks, and One Calendar Month shall have elapsed from the Publication of the last of such Advertisements; and in case before the Expiration of such Month any Person entitled to any Estate in or to any Charge upon the Land to be so submitted to the Operation of the Inclosure shall give Notice to the Commissioners of his Dissent from such Direction or Agreement, the Commissioners shall not embody such Direction or Agreement in such Provisional Order unless such Dissent shall be withdrawn, or it shall be shown to the Commissioners that the Estate or Charge of the Party so dissenting shall have ceased.
II Maps of old inclosed Lands may be dispensed with.
II. 'And whereas the Provision of the said firstly-recited Act, that the Map to be annexed to the Valuer's Report shall comprise and show the Lands in respect of which any Allotments have been made, occasions unnecessary Expense in certain Cases:' Be it enacted, That it shall be lawful for the Commissioners, in the Matter of any Inclosure, if they shall think fit, by Order under their Seal, to direct that such Lands shall not be comprised nor shown in such Map, and after such Direction shall have been made by any such Order in the Matter of any Inclosure, it shall not be necessary for the Valuer to comprise or show any such Lands in any such Map to be annexed to his Report.
III Allotments of less than Five Pounds Value may be compensated in Money.
III. And be it enacted, That where the Valuer, acting in the Matter of any Inclosure, shall certify in Writing to the Commissioners that the Value of the Allotment of any Person interested in the Lands to be inclosed, in case such Allotment should be made, would not exceed Five Pounds in Value, it shall be lawful for the Commissioners, with the Consent of such Person, to direct the Valuer under their Seal to award to such Person, in lieu of such Allotment, a Sum of Money which he shall deem equivalent in Value to the Allotment which would have been made to him in respect of his Right and Interest under the said recited Act; and every such Sum shall be set forth in the Valuer's Report before the same is deposited; and the Sum of Money which may be awarded in respect of such Right and Interest may be raised in the same Way that Money may be raised for Expenses incident to Inclosures under the Provisions of the said recited Act, and shall be paid to the Party for the Time being interested, as in the Case of Surplus of Purchase Money on the Sale of Part of an Allotment for Expenses.
IV Valuer may set out Private and Occupation Roads in certain Cases for Use of Lands other than Lands to be inclosed.
IV. And be it enacted, That the Valuer acting in the Matter of any Inclosure may, where he shall think fit, set out such Private or Occupation Roads and Ways through the Land to be inclosed as by reason of the Alteration of public Roads or Ways, or otherwise, he shall think requisite for the Use, wholly or in part, of Persons interested in other Lands; and any Expenses which the Valuer may incur in relation to the setting out or Formation or Completion of such private Roads, or any of them, shall, unless the Valuer shall otherwise direct, be paid by such of the Owners for the Time being of the Land the Subject Matter of such Inclosure, and of the Owners of Land for whose Use the said Roads shall have been set out, or of either of such Classes, and in such Shares and Proportion as the Valuer shall direct; and after the Formation and Completion of such private Roads and Ways the same shall be maintained and kept in repair by and at the Expense of such of the said several...
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