Metropolitan Commons Act 1866
| Jurisdiction | UK Non-devolved |
| Citation | 1866 c. 122 |
Metropolitan Commons Act, 1866
(29 & 30 Vict.) C A P. CXXII.
An Act to make Provision for the Improvement, Protection, and Management of Commons near the Metropolis.
[10th August 1866]
B E 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:
1 Short Title.
1. This Act may be cited as TheMetropolitan Commons Act, 1866.
2 Definition of Local Authority and Local Rate.
2. For the Purposes of this Act the Local Authority in relation to each Metropolitan Common shall be the Authority described as such in connexion therewith in the First Schedule to this Act; and for the Purposes of this Act the Local Rate in relation to each Metropolitan Common shall be the Rate described in connexion therewith in the same Schedule.
3 Interpretation of Terms.
3. In this Act—
The Term ‘Common’ means Land subject at the passing of this Act to any Right of Common; the Term ‘Commoner’ means a Person having any such Right of Common; the Term ‘Manor’ includes reputed Manor; and those Terms as used in this Act respectively refer to any particular Common to which this Act applies, and to every Person having a Right of Common in, over, or affecting that Common, and to the Manor of the Wastes whereof that Common is Part:
The Term ‘the Commissioners’ means the Inclosure Commissioners forEngland and Wales , and the Term ‘Assistant Commissioner’ means the Assistant Commissioner appointed by the Inclosure Commissioners.
4 To what Commons Act applies.
4. This Act shall apply to any Common the whole or any Part whereof is situate within the Metropolitan Police District as defined at the passing of this Act (referred to in this Act as a Metropolitan Common).
5 Exclusion of Authority of Commissioners to inclose, &c.
5. After the passing of this Act the Commissioners shall not entertain an Application for the Inclosure of a Metropolitan Common, or any Part thereof; but nothing in this Act shall interfere with the carrying on and Completion of Proceedings under any Provisional Order of the Commissioners confirmed by Act of Parliament passed before or in the present Session; and notwithstanding any Proceedings taken under any Act other than this Act, or any Provisional Order of the Commissioners made but not already confirmed by Act of Parliament, Proceedings may be taken under this Act in relation to any Metropolitan Common.
6 Memorial for Scheme as to Common.
6. A Scheme for the Establishment of Local Management with a view to the Expenditure of Money on the Drainage, Levelling, and Improvement of a Metropolitan Common, and to the making of Byelaws and Regulations for the Prevention of Nuisances and the Preservation of Order thereon, may be made under this Act, on a Memorial in that Behalf presented to the Commissioners by the Lord of the Manor or by any Commoners, or by the Local Authority, or in case of a Common extending into the Districts of Two or more of the Bodies described in the First Schedule to this Act, then by any One or more of such Bodies.
7 Inquiry into Memorial.
7. On the Presentation of any Memorial under this Act the Commissioners (if on consideration of the Memorial they think fit) may make such Examination and Inquiry as they think necessary or proper in relation to the Subject Matter of the Memorial.
8 Preparation of Draft Scheme.
8. On such Examination and Inquiry the Commissioners may, if they think fit, prepare the Draft of a Scheme respecting the Common or any Part thereof.
9 Printing and Publication of Draft Scheme.
9. Where the Commissioners prepare the Draft of a Scheme, they shall cause it to be printed, and printed Copies of it to be delivered to the Memorialists and to the Lord of the Manor and to the Local Authority, and shall also cause it, or a proper Abstract of it, to be published and circulated in such Manner as they think sufficient for giving Information to all Parties interested.
10 Objections and Suggestions respecting Scheme.
10. During Two Months after the First Publication of the Draft of a Scheme the Commissioners shall receive any Objections or Suggestions made to them in Writing respecting the Scheme.
11 Inquiry into Scheme by public Sittings.
11. At any Time after the Expiration of those Two Months the Commissioners, if they think fit, may refer the Draft of the Scheme to an Assistant Commissioner.
On any such Reference the Assistant Commissioner shall proceed to make an Inquiry concerning the Subject Matter of the Scheme, and for that Purpose to hold a Sitting or Sittings in some convenient Place in the Neighbourhood of the Common, and thereat to take and receive any Evidence and Information offered, and hear and inquire into any Objections or Suggestions made or to be made during the Sitting or Sittings respecting the Scheme or the Common, with Power from Time to Time to adjourn any Sitting.
Notice shall be published, in such Manner as the Commissioners direct, of every such Sitting (except an adjourned Sitting), Fourteen Days at least before the holding thereof.
12 Report of Assistant Commissioner.
12. The Assistant Commissioner to whom the Draft of a Scheme is referred shall make a Report in Writing to the Commissioners setting forth the Result of the Inquiry, and whether in his Opinion the Draft of the Scheme should be approved with or without Alteration, and if with any, then with what Alteration, and his Reasons for the same, and the Objections and Suggestions, if any, made on the Inquiry, and his Opinion thereon.
13 Final Settlement and Approval of Scheme.
13. As soon as may be after the Expiration of the said Two Months, or the Receipt by the Commissioners of the Report of the Assistant Commissioner (as the Case may be), the Commissioners shall proceed to consider any Objections or Suggestions made to them in Writing respecting the Scheme, and the Report (if any), and thereupon they shall, if they think fit, finally settle and approve of the Scheme in such Form as they think expedient.
14 Scheme to state Rights affected.
14. Every Scheme shall state what Rights (if any) claimed by any Person or Class of Persons are affected by the Scheme, and in what Manner and to what Extent they are affected thereby, and whether or not the Scheme has been in relation thereto consented to by that Person or Class of Persons, or any of them.
15 Provision for Compensation.
15. No Estate, Interest, or Right of a profitable or beneficial Nature in, over, or affecting a Common shall, except with the Consent of the Person entitled thereto, be taken away or injuriously affected by any Scheme, without Compensation being made or provided for the same, and such Compensation shall, in case of Difference, be ascertained and provided in the same Manner as if the same Compensation were for the Compulsory Purchase and taking or the injurious affecting of Lands under the Provisions of The Lands Clauses Consolidation Act, 1845, and The Lands Clauses Consolidation Acts Amendment Act, 1860.
16 Appeal against Determination of Commissioners.
16. If any Person claiming any Estate, Interest, or Right in, over, or affecting the Common to which any Scheme relates is dissatisfied with any Determination made or implied by the Commissioners or by the Scheme concerning any Estate, Interest, or Right in, over, or affecting the Common, every such Person may obtain a Decision thereon in an Action at Law in the Manner provided by Section Fifty-six of the General Act to facilitate the Inclosure and Improvement of Commons, passed in the Session of the Eighthand Ninth Years of the Reign of Her present Majesty, Chapter One hundred and...
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