Inclosure Act 1852
| Jurisdiction | UK Non-devolved |
(15 & 16 Vict.) C A P. LXXIX.
[30th June 1852]
'WHEREAS Acts were passed in the Sessions of Parliament holden in the Eighth and Ninth Yearsof the Reign of Her Majesty, Chapter One hundred and eighteen, in the Ninth and TenthYears of Her Majesty, Chapter Seventy, in the Tenth and Eleventh Years of Her Majesty, ChapterOne hundred and eleven, in the Eleventh and Twelfth Years of Her Majesty, Chapter Ninety-nine, in the Twelfth and Thirteenth Years of Her Majesty, Chapter Eighty-three, and in the Fourteenthand Fifteenth Years of Her Majesty, Chapter Fifty-three: And whereas it is expedient that the Provisionsof the said Acts should be amended and 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, as follows:
I No Lands to be inclosed without the previous Authority of Parliament.
I. Notwithstanding the Provisions in the said firstly-recited Act, it shall not be lawful for the Inclosure Commissioners after the passing of this Act to give Notice of their Intention to proceed with the Inclosure of any Lands without the previous Direction of Parliament, and no Land shall be inclosed under the said recited Acts and this Act without the previous Authority of Parliament in each particular Case, as in the said firstly-recited Act provided with reference to Waste Land of any Manor on which the Tenants of such Manor have Rights of Common, and other Lands therein particularly mentioned.
II Outfall Drains.
II. For the Purpose of obtaining or improving the Outfall of any Drain or Watercourse in Land to be inclosed, the Valuer acting in the Matter of such Inclosure shall be deemed to be the Person interested under the Provisions of the Act passed in the Session of Parliament holden in the Tenth and Eleventh Years of Her Majesty, Chapter Thirty-eight, in the Land to be inclosed; and it shall be lawful for such Valuer to direct by his Award by whom and in what Manner such Outfall shall be maintained and repaired; and it shall be lawful for such Valuerto set out and make and also to provide for the proper Repair, Cleansing, and Maintenance of Drains, Watercourses, Embankments, Tunnels, Bridges, and any other necessary Works in or over any Land other than the Land the Subject Matter of such Inclosure, notwithstanding such Land may not be in the Parish or respective Parishes in which the Land to be inclosed may be situate: Provided always, that the same Consent shall be required as if the said Land had been in the Parish or respective Parishes in which the Land to be inclosed is situate; provided also, that when such Inclosure is completed the Valuer shall cease to be deemed the Person interested as aforesaid.
III Remedy in case of Nonpayment of Expenses.
III. The Service of the Notice by the said first-recited Act required to be given by the Valuer, that the Proportion of Expenses payable by any Person is in arrear, and requiring Payment thereof, may be effected in such Manner as is therein directed, or by leaving the same with the Agent of the Person liable to pay such Proportion of Expenses, or at the usual Place of Abode of such Agent; and if the Proportion of Expenses so in arrear, together with lawful Interest and Two Shillings and Sixpence for the Costs of the Preparation and Service of such Notice as aforesaid, shall not be paid on the Expiration of Thirty Days after Service of such Notice, it shall be lawful for the Valuer to recover the same in such Manner as the Proportion of Expenses and Interest are by the said firstly-recited Act authorized to be raised, or, with the Approbation of the Commissioners, to sell the whole or such Part of the Allotment made to such Person so in arrear as shall be sufficient to defray such Expenses, Interest, and Costs, and the Expenses of making and completing such Sale.
IV Sale of Land directed to be inclosed.
IV. After the Determination of the Claims in the Matter of any Inclosure, and before the Valuer shall have divided and allotted the Lands to be inclosed, it shall be lawful for the Commissioners, upon the Application in Writing of Persons, the aggregate Amount of whose Interests in the Land proposed to be inclosed shall not be less in Value than Two Thirds of the whole Interest in such Land, and who shall not be less in Number than Two Thirds of the Persons whose Claims have been allowed by the Valuer, and also upon the Application in Writing of the other Persons (if any) whose Consents may be necessary under the Provisions of the herein-before firstly-recited Act, in case the said Commissioners shall be of opinion that the Sale of such Lands in whole or in part, but so nevertheless that the Land so proposed to be sold shall not exceed Fifty Acres, would be expedient, by an Order under their Seal, to authorize the Sale thereof in whole or in part, and thereupon all the Provisions of the said firstly-recited Act as to the Sale of Land for the Expenses of an Inclosure, the Conveyance thereof, and the Receipt of the Purchase Money shall be applicable to the Sale of such Land: Providedalso, that before any such Sale shall be made, it shall be approved of by the Persons whose Claims have been allowed by the Valuer, at a Meeting convened by the Commissioners for the Purpose of considering the same, and the Majority present at such Meeting shall bind the Minority and all absent Parties.
V Meeting of Persons interested to determine Appropriation of Surplus.
V. After the making of such Order as aforesaid, and of a Sale in pursuance of such Order, the Commissioners shall call a Meeting, in such Manner and with such Notice as to them shall seem fit, of all Persons whose Claims have been allowed by the Valuer, and at such Meeting the Majority in respect of Interest present at such Meeting shall determine, by Resolutions to be passed at such Meeting, how any Surplus of such Purchase Monies as may remain unappropriated after the Payment of all such Expenses as the Commissioners may certify as proper Expenses in the Matter of such Inclosure and in the Proceedings attendant thereon or incident thereto or to the Sale of such Lands shall be appropriated; and it shall be lawful for such Meeting, by Resolutions to be passed in the Manner aforesaid, to appropriate such Surplus of such Purchase Monies to the Endowment of Schools, the Construction or Maintenance of Bridges, Highways, Schoolhouses, Drains, Watercourses, or any other Works or Objects whatever of public Utility, and to provide in what Manner such Monies shall be expended, invested, or managed for the Purposes to which such Monies are so appropriated by such Resolutions.
VI Resolutions to be confirmed by Commissioners.
VI. Provided that no Resolutions passed at any such Meeting shall be of any Force or Effect until or unless the same shall be confirmed and allowed by the said Commissioners under their Seal.
VII Second Meeting may be held.
VII. If the said Commissioners shall vary or disallow any Resolutions so passed as aforesaid, they shall, as soon as conveniently may be, call a Second Meeting of Persons whose Claims have been allowed by the Valuer, which Second Meeting shall be attended by an Assistant Commissioner, who shall preside thereat; and at such Second Meeting the Resolutions passed at the First Meeting may, by a like Majority of the Persons present interested in respect of Value, be varied, altered, or rescinded, and other Resolutions may be passed for appropriating such Surplus Monies for the Purposes herein-before mentioned; provided that such Resolutions shall in like Manner be of no Force or Effect unless confirmed and allowed by the said Commissioners under their Seal.
VIII Appropriation of Surplus if Resolutions disallowed.
VIII. In case the said Commissioners shall disallow the Resolutions passed at such Second Meeting, or if at any Meeting so to be called as aforesaid no Resolutions to the Effect aforesaid shall be passed, then such Surplus of such Purchase Monies shall be expended from Time to Time in lieu or in aid of the Rate for the Maintenance or Repair of the Highways of the Parish or Parishes within which such Land liable to be inclosed is situate, and in case the said Lands shall be situate in more than One Parish then the Division of such Surplus Monies between the said Parishes shall be proportioned to the Quantity of the Land liable to be inclosed which is situate within each Parish.
IX Award to be made.
IX. After the Confirmation of such Resolutions as aforesaid the said Commissioners or an Assistant Commissioner shall frame an Award, in such Manner and with all such Formalities as are required by the said first-recited Act for a final Inclosure Award, and thereby, after reciting the Sums allowed by the said Commissioners, and paid for Expenses incurred in the Matter of the Inclosure, and in the Proceedings attendant thereon or incident thereto, or to the Sale of such Lands, or to the...
To continue reading
Request your trial