Ordnance Survey Act 1841
| Jurisdiction | UK Non-devolved |
| Citation | 1841 c. 30 |
(4 & 5 Vict.) C A P. XXX.
[21st June 1841]
'WHEREAS several Counties in that Part of the United Kingdom calledEngland have been surveyed by Officers appointed by the Master General and Board of Ordnance, and it is expedient that general Surveys and Maps of England, Scotland, Berwick upon Tweed , and of the Isle of Man , should be made and completed by Officers in like Manner appointed; and that the Boundaries of the several Counties in England and Scotland , and of Berwick upon Tweed and of the Isle of Man , should be ascertained and marked out:' Be it therefore 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 from and after the passing of this Act, for the Purpose of enabling the Master General and Board of Ordnance to make and complete such Surveys and Maps ofEngland, Scotland, Berwick upon Tweed , and the Isle of Man , in manner aforesaid, it shall and may be lawful for the Justices assembled at any Quarter Sessions, or Adjournment thereof, held in and for any County, Riding, or Division in England, Scotland, Berwick upon Tweed, and the Isle of Man , upon the Application in Writing of any Officer appointed by the Master General and Board of Ordnance for the Purposes of this Act, such Application to be transmitted to the Clerk of the Peace Fourteen Days at the least before the holding of the Court at which such Application shall be considered, who shall cause Notice of such Application to be inserted in the Newspapers in which County Advertisements are commonly inserted Seven Days at the least before the holding of such Court, to nominate and appoint One or more fit and proper Person or Persons to aid and assist, when required, any Officer appointed as aforesaid in examining, ascertaining, and marking out the reputed Boundaries of each County, City, Borough, Town, Parish, Burghs Royal, Parliamentary Burghs, Burghs of Regality and Barony, Extraparochial and other Places, Districts, and Divisions, in England, Scotland, Berwick upon Tweed , and the Isle of Man; and such Person shall from Time to Time act under and obey such Directions as he shall receive from the Officer or other Person appointed by the Master General and Board of Ordnance to make such Surveys and Maps as aforesaid: Provided always, that if any Personshall produce any false, forged, untrue, or fabricated Appointment, every such Person shall forfeit and pay the Sum of Fifty Pounds.
II Surveyor, &c. empowered to enter Lands to fix Boundaries.
II. And be it enacted, That for the Execution of the Purposes of this Act it shall and may be lawful for any Person appointed by the Justices as aforesaid, and for any other Person acting in aid and under the Orders of such Person, and for any Officer or Person appointed by or acting under the Orders of the Master General and Board of Ordnance, and they are hereby respectively authorized and empowered, from Time to Time, after Notice in Writing of the Intention of entering shall have been given to the Owner or Occupier, as the Case may be, to enter into and upon any Estate or Property of any County, or of any Body Politic or Corporate, Ecclesiastical or Civil, or into and upon any Land, Ground, or Heritages of any Person or Persons whomsoever, for the Purpose of making and carrying on any Survey authorized by this Act, or by the Order of the Master General and Board of Ordnance, and for the Purpose of fixing any Mark or Object to be used in the Survey, or any Post, Stone, or Boundary Mark whatsoever, and to fix and place any such Object, Post, Stone, or Boundary Mark in any such Estate or Property, Land or Ground, or Heritages, and to dig up any Ground, for the Purpose of fixing any such Object, Post, Stone, or Boundary Mark, for such Object or Purpose, and also to enter upon any Estates or Property, Lands, Grounds, or Heritages, through which any such Person appointed by the Justices as aforesaid, and any Officer or other Person appointed by and acting under the Orders of the Master General and Board of Ordnance, shall deem it necessary and proper to carry any Boundary Line for the Purposes of this Act, at any reasonable Time in the Day, until the surveying, ascertaining, and marking out of any reputed Boundary Line shall be completed according to the Directions of this Act: Providedalways, that in every Case in which it shall be necessary to any Person appointed by the Justices as aforesaid for any Officer or other Person appointed by and acting under the Orders of the Master General and Board of Ordnance, or his or their Assistant or Assistants, to fix any such Object, Post, Stone, or Boundary Mark within any walled Garden, Orchard, or Pleasure Ground, such Person appointed by the Justices aforesaid, or any Officer or other Person appointed by and acting under the Orders of the Master General and Board of Ordnance, or his or their Assistant or Assistants, shall give Three Days Notice to the Occupier of such Garden, Orchard, or Pleasure Ground, of his Intention so to do, and it shall be lawful for such Occupier to employ any Person whom he may think fit to fix such Object, Post, Stone, or Boundary Mark within such Garden, Orchard, or Pleasure Ground, at such Time, in such Place or Places, and in such Manner as such Person appointed by the Justices as aforesaid, or any Officer or other Person appointed by and acting under the Orders of the Master General and Board of Ordnance, or his or their Assistant or Assistants, shall direct: Provided also, that such Person appointed by the Justicesas aforesaid, or any Officer or other Person appointed by and acting under the Orders of the Master General and Board of Ordnance, or his or their Assistant or Assistants, and Workmen, shall do as little Damage as may be in the Execution of the several Powers to them granted by this Act, and shall make Satisfaction to the Owners or Occupiers (as the Case may require) of such Lands, Grounds, and Heritages, or Owners of Trees, (as the Case may require,) which shall be any way hurt, damaged, or injured, for all Damages to be by them sustained in or by the Execution of all or any Powers of this Act, in case the same shall be demanded: Provided always, that in case of Dispute between the said Person appointed by the Justices as aforesaid, or any Officer or other Person appointed by and acting under the Orders of the Master General and Board of Ordnance, on the one hand, and the Owner or Occupier (as the Case may be), on the other hand, as to the Amount of Damage sustained, the same shall be ascertained and determined by any Two or more Justices in Petty Sessions assembled of the County in which the Lands, Grounds, Heritages, or Trees may be situate: Providedalways, that any Owner or Occupier as aforesaid, who shall think himself aggrieved by the Decision of the Justices, may appeal against such Decision to the Justices of the said County in Quarter Sessions assembled, who shall hear and determine such Appeal, and shall increase or diminish the Amount of Damages awarded by the Justices in Petty Sessions, and shall award Costs for or against the Appellant, as the Justice of the Case shall seem to them to require: Provided always, that such Appeal shall be prosecuted at such Quarter Sessions as shall be holden not less than Twenty-one Days nor more than Four Calendar Months after the Decision of the Justices in Petty Sessions: Provided further, that any Person so appealing shall give Notice to the Clerk of the said Justices in Petty Sessions, within Seven Days of their Decision, of his Intention to appeal against their Decision, and shall enter into sufficient Recognizance to prosecute such Appeal.
III Sheriffs in Scotland to settle the Amount of Compensation.
III. And be it enacted, That the Amount of the Damages for which Compensation is provided under this Act shall, inScotland , be ascertained and determined by the Sheriff or Steward of the County or Stewartry, whose Decision in the Matter shall be final and conclusive, and not subject to Review, by Suspension, Advocation, Reduction, or otherwise.
IV Clerk of the Peace of each County shall deliver to Surveyor a List of all the Cities, Towns, Boroughs, Parishes, &c. within the County, on Penalty of 10l
IV. And be it enacted, That the Clerk of the Peace of each and every County shall, within Twenty-one Days after he shall be thereunto required in...
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