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Section 9 Extending powers of third-recited Act to authorizing reservation of easements for working mines, &c.C2C1

United Kingdom

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 In the provisional order of the commissioners concerning the inclosure under the provisions of the said Acts of any waste lands of any manor it shall be lawful for the commissioners to require, and in their provisional order to specify, as one of the terms and conditions of such inclosure, the reservation to the lord of the manor, his heirs, successors, and assigns, of rights of way and other easements over the lands intended to be inclosed, for working and carrying away any mines, minerals, stone, and other substrata, the property of the lord of the manor, not under the lands proposed to be inclosed, and whether within the manor or not within the manor, and also for working and carrying away any mines, minerals, stone, and other substrata which may be intended to be reserved to or remain the property of the lord of the manor under the lands proposed to be inclosed, or for any of the purposes aforesaid; and in case it shall have been so declared in such provisional order, then the valuer shall and may reserve and award to the lord of the manor, his heirs, successors, and assigns, such liberty to construct railways, waggon-ways, and roads, and such rights of way and other easements over the lands intended to be inclosed, for working and carrying away any such mines, minerals, stone, or other substrata, the property of the lord of the manor as aforesaid, as by the valuer, with the approbation of the commissioners, shall be thought reasonable, and as shall not be inconsistent with the terms of such provisional order; subject to such provisions for compensation for damage to be done to the surface in the exercise and enjoyment of such rights and easements, as to the valuer, with such approbation as aforesaid, shall be thought reasonable.

Annotations

Textual amendments

F1

Recital omitted under authority of Statute Law Revision Act 1892 (c. 19)

Modifications

C1

“The said Acts” means the Inclosure Act 1845 and the Acts amending that Act

C2

“The commissioners” means the Inclosure Commissioners for England and Wales whose functions are now exercisable by Secretary of State: Settled Land Act 1882 (c. 38), s. 48(1), Board of Agriculture Act 1889 (c. 30), s. 2(1)(b), Sch. 1 Pt. II, Board of Agriculture and Fisheries Act 1903 (c. 31), s. 1(1), Ministry of Agriculture and Fisheries Act 1919 (c. 91), s. 1, S.I. 1955/554 (1955, I p. 1200), 1965/143, 1967/156 and 1970/1681

Notes on the whole Act

Textual amendments

F1

Act repealed (19.11.1998) by Statute Law (Repeals) Act 1998 (c. 43), s. 1(1), Sch. 1 Pt.VI