Inclosure Act 1852

Notwithstanding the provisions in the M1Inclosure Act 1845 it shall not be lawful for the Inclosure Commissioners 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 F1. . .

Notwithstanding the provisions in the Inclosure Act 1845, with reference to the fencing of allotments for exercise and recreation, and of town greens and village greens allotted for such purposes, it shall be lawful for the commissioners, by an order under their seal, in such cases as they shall see fit, to direct that such allotments, town greens, and village greens respectively shall be distinguished by metes and bounds, but not fenced.

In any case of division of intermixed land, exchange, or partition, in which it shall appear to the commissioners from the number of persons interested in the subject matter of the division, exchange, or partition, or the nature of their interests, that the direction in the said recited Acts that a copy of the order under the seal of the commissioners shall be delivered to each of the parties upon whose application such order shall be made are inapplicable, it shall be lawful for them, instead of delivering a copy of such order to each of such parties, to direct by an order under their seal that copies shall be deposited in such and the same manner as copies of an award in the matter of an inclosure under the said Acts are directed to be deposited; and thereupon all the provisions in the Inclosure Act 1845, relating to the deposit, custody, and inspection of copies of such awards, and for the furnishing of copies of and extracts therefrom, shall be applicable to copies of such orders of division, exchange, and partition respectively: Provided always, that the commissioners shall, upon the request and at the cost of any person upon whose application such order was made, furnish him with a copy of the order sealed with their seal.

Where any allotment has been made in trust or otherwise under any inclosure award for any public or parochial purpose, or for the benefit of the inhabitants or others within any parish or manor, and it shall appear to the said commissioners to be no longer necessary, convenient, or suitable for the purposes for which the same shall have been made, it shall be lawful for the commissioners, upon the application, in writing of the churchwardens and overseers of the poor of the parish in which such allotment is situated, or the trustees for the time being of such allotment, and of the person interested in any land or other subject matter of exchange under the said recited Acts or either of them, which he may be willing to give in exchange for such allotment, in case they shall be of opinion that such exchange would be mutually beneficial, to cause to be framed, and to confirm, an order of exchange of such allotment for such other land or other subject matter of an exchange as aforesaid; and all the provisions of the said recited Acts applicable to exchanges shall extend and be applicable to any such applications for exchange: Provided always, that it shall be lawful thereby to declare any new trusts, if the same shall have been approved of by a majority of the persons for whose benefit such allotment as aforesaid was set out, present at a meeting convened by the commissioners for the purpose of considering the same.

Where any money shall have been or may hereafter be paid to a committee under the M1Lands Clauses Consolidation Act 1845 or under any railway or other special Act by which money may have been directed or authorized to be paid to a committee, as compensation for the extinction of commonable or other rights, or for lands being common lands or in the nature thereof, the right to the soil of which may have belonged to the commoners, and such committee shall be of opinion that the provisions of such Act for the apportionment thereof cannot be satisfactorily carried into effect, such committee may make application in writing to the commissioners to call a meeting of the persons interested in such compensation money for the appointment of trustees of such compensation money and for the investment thereof, and for the application of the interest and annual produce thereof to such purposes for the benefit of the persons interested therein as the commissioners shall approve; and if the said commissioners shall think fit to proceed with such application, they shall call a meeting accordingly, and the decision of the majority in number and the majority in respect of interest of the persons present at such meeting shall bind the minority and all absent parties: Provided always, that if no instructions shall be resolved upon, or in case the commissioners shall deem such instructions unjust or unreasonable, they may, by an order under their seal, give such instructions for the investment of such compensation money and for the application of the income thereof as they shall think fit; and such order under the seal of the commissioners, or the order approving of such instructions as aforesaid, shall contain provisions for the appointment of new trustees from time to time; and copies of such order shall be deposited and kept in like manner as copies of an award are by the M2Inclosure Act 1845 directed to be deposited and kept; and the said committee shall be absolutely discharged from all liability in respect of such compensation money upon payment thereof to the said trustees, who shall, out of such money, in the first place pay and discharge all expenses which may be incurred by the said commissioners in respect of or in any way incident to such application and order, and apply or invest the surplus thereof in such manner as shall by such order be authorized or directed.

In case of any fraudulent or other error or omission in any award or order confirmed by the commissioners, the said commissioners may, by an order under their hands and seal, by indorsement or otherwise, correct such error or supply such omission; and such order shall be ingrossed, and, where not indorsed as aforesaid, be deposited with the original award or order, and shall thenceforth be and be deemed to be part thereof to all intents and purposes; and all the expenses incident thereto shall be paid by the party (if any) who shall have requested the commissioners to make and execute the same, or by his executors or administrators.

Any person having any stock or animals on any regulated pasture contrary to the regulations of such pasture, F1shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scalein respect of each head of stock or animal found in such regulated pasture F2. . . . . . . . . F3 Provided always, that no remedy which any field reeve might otherwise have under the M1Inclosure Act 1845 or otherwise, shall be in any manner prejudiced or affected by the provision last herein-before contained.

In citing this Act, the said recited Acts, and the Acts passed in pursuance of the annual or any special reports of the commissioners, or any or either of them, in other Acts of Parliament, in conveyances, documents, and legal instruments, it shall be sufficient to use the expression, “The Acts for the Inclosure, Exchange, and Improvement of Land.”

This Act shall be taken to be a part of the said recited Acts, and be construed therewith.