Inclosure Act 1854
| Jurisdiction | UK Non-devolved |
| Citation | 1854 c. 97 |
(17 & 18 Vict.) C A P. XCVII.
[10th August 1854]
'WHEREAS it is expedient that ‘The Acts for the Inclosure, Exchange, and Improvement of Land’ 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 Lands subject to be inclosed may be exchanged.
I. The Provisions of the said Acts with respect to the Exchange and Partition of Land not subject to be inclosed under such Acts, or of Land subject to be inclosed under such Acts as to which no Proceedings for an Inclosure shall be pending, shall extend and be applicable to Land subject to be inclosed under such Acts whilst Proceedings for an Inclosure shall be pending.
II Undivided Shares may be exchanged.
II. Undivided Shares in any Land or other Subject Matter of Exchange may be exchanged under the Provisions of the said Acts, upon the Application of the Person interested under the Provisions of the said Acts in respect of such undivided Shares.
III Land to include incorporeal Hereditaments.
III. The Word ‘Land’ shall extend to and include incorporeal as well as corporeal Hereditaments, and any undivided Share thereof.
IV Lessee the ‘Person interested’ in certain Cases.
IV. Where any Land or Hereditaments shall have been leased for a Term which shall have exceeded One hundred Years from the Commencement thereof, and it shall be shown to the Satisfaction of the Commissioners that no Rent or Acknowledgment has been paid or given for the Period of Twenty Years, or that the Person entitled to the Rent reserved upon such Lease cannot, upon reasonable Inquiry, be ascertained, the Person in the actual Possession or Enjoyment of such Land or Hereditaments, or in the actual Receipt of the Rents and Profits thereof as Owner of such Term, shall be and be deemed to be the Person interested within the Provisions of the said Acts.
V Orders of Exchange, &c. may be made upon Application of Parties in possession, &c.
V. It shall be lawful for the Commissioners, on the Application in Writing of the Parties in possession of any Lands, Tenements, or Hereditaments, under any Agreement for the Exchange, Partition, or Division of the same or any of them, to proceed with such Exchange, Partition, or Division, under the Provisions of the said Acts; and such Application, and Order thereon, shall be as valid and effectual as if the Parties making such Application had been the Parties interested under the Provisions of the said Acts.
VI Extending Time for Application for Conversion of Land to be inclosed, &c.
VI. The Time limited by the said Acts for making an Application for the Conversion of Land which shall be directed to be inclosed under the said Acts, or any Part thereof, into a regulated Pasture, shall be extended to any Time before the Report of the Valuer has been sent to the Office of the Commissioners, although Instructions to the Valuer under their Seal may have been delivered to him.
VII Extending Time for Enrolment of Awards under Common Fields Act or Local Act.
VII. Where an Award under the Act of the Seventh Year of His late Majesty KingWilliam the Fourth, intituled An Act for facilitating the Inclosure of Open and Arable Fields in England and Wales, or under any Local Act of Inclosure, shall not have been duly enrolled within the Time limited in that Behalf, it shall be lawful for the Commissioners, if they shall think fit, upon the Application in Writing of any Person interested in the Land to which such Award shall relate, and upon its being shown to the said Commissioners that such Award has been acted upon by the Parties interested thereunder, by an Order under their Hands and Seal to extend the Time for such Enrolment to such Period as they shall think fit, and the Enrolment of any such Award within such extended Time shall have the same Force and Effect as if the same had been enrolled within the Time limited in that Behalf.
VIII Tenure of Allotments in respect of Rights.
VIII. Whereas it is enacted by the first of the said Acts, that is to say, the Act of the Session holden in the Eighth and Ninth Years of Her Majesty, Chapter One hundred and eighteen, that all such Land as shall be taken in Exchange or on Partition, or be allotted, shall be held by the Person to whom it shall be given in Exchange or on Partition, or allotted, under the same Tenures, Rents, Customs, and Services as the Land in respect of which such Land shall have been given in Exchange or on Partition, or allotted, would have been held in case no such Exchange, Partition, or Inclosure had been made, and Doubts have arisen whether Land taken in Exchange or on Partition, or allotted, in respect of ‘Rights,’ will follow the Tenure of such Rights:
The Word ‘Land’ in such recited Enactment shall include and be deemed to have included ‘Rights.’
IX Fencing and making Roads dispensed with, in certain Cases.
IX. Whenever it shall appear to the Commissioners that any public Roads or Driftways set out by the Valuer in the Matter of any Inclosure are of such a Nature or so situate that it is not necessary, for Public Convenience, that the same should be fenced, or made of hard Materials, and certified by Two Justices, the Commissioners may, by any Order under their Hands and Seal, certify that the said Roads or Driftways are sufficiently formed, having Reference to the Nature or Situation thereof; and such Roads shall thenceforth be kept in repair by such Persons and in such Manner as like public Roads within the said Parish are or ought by Law to be kept in repair; but such last-mentioned Persons shall not by such Obligation to repair be liable to convert the said Roads so set out into fenced Roads, or into Roads made of hard...
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