Valuer in the Matter of any Inclosure at a Meeting for such Purpose subsequent to the first Instructions, and allowed by the said Commissioners, the same shall be as valid and of the same Force and Effect as if they had been given at the First Meeting called for such 5 Purpose; provided that the Commissioners shall not allow any Instructions given at any Second or subsequent Meeting, whereby any Arrangement entered into or made by the first Instructions for the Protection or Convenience of any Persons interested in the Inclosure shall be prejudicially affected, if such Persons, after such rea10 sonable Notice to be given for that Purpose as the Commissioners shall think fit, shall signify, in Writing to the Commissioners, their Dissent from such subsequent Instructions. III. And be it enacted, That all the Powers and Authorities in Commissionanywise enabling the said Commissioners to complete Proceedings ers may complete Pro15 under any local Act of Inclosure shall be applicable to Proceedings ceedings commenced under the Provisions of an Act passed in the Seventh Year of the Reign of His late Majesty King William the Fourth, intituled "An Act for facilitating the Inclosure of Open and Arable "Fields in England and Wales." 20 IV. And be it enacted, That it shall be lawful for the said Commissioners in the Matter of any Inclosure, by the Provisional Order, or by any other Order under their Seal, to declare that an Allotment or Allotments in lieu of Quit Rents, Chief Rents, or Heriots shall be given to the Lord of the Manor to whom such Quit Rents, Chief Rents, or 25 Heriots are payable out of any old Inclosure in respect of which an Allotment would be made, or would have been payable out of any Allotments on the Confirmation of the Award, and the Valuer shall upon the Issue of such Provisional or other Order set out such Allotment or Allotments; provided always, that no such Allotment in lieu 30 of such Quit Rents, Chief Rents, or Heriots shall be made except with the Consent of such Lord. under c. 115. Quit Rents, Chief Rents, and Heriots. V. And be it enacted, That where any Monies shall have been Balance of raised by Sale of Land in the Matter of any Inclosure for the Ex- Money raised by Sale of penses thereof, and any Balance out of such Monies shall after the Land. 35 Payment of such Expenses remain in the Hands of the Inclosure Commissioners, it shall be lawful for the said Commissioners to pay the same to the Persons interested, in such Proportions and under such Restrictions or Conditions as they shall deem just, or to apply the same in the permanent Improvement of the Land inclosed or 40 any Part thereof. 509. A 2 VI. And Exchange VI. And be it enacted, That all the Provisions of the said recited and Partition Acts applicable to the Powers of Exchange and Partition under the of Rights, &c. Separate suspended or or Allotments directed to be entered proceeded against. said recited Acts shall extend and be applicable to the Exchange VII. And be it enacted, That where Lands proposed to be inclosed under the said recited Acts shall consist of separate Tracts 15 of Open and Common Arable, Meadow, and Pasture Lands or Fields, entirely or in part, or of Common or Waste Lands subject to Rights of Common, entirely or in part, or shall otherwise consist of separate and distinct Tracts, and it shall appear to the said Commissioners that Two Thirds in Value of the Persons interested in the Entirety 20 of such Tracts shall have assented to the proposed Inclosure on the Terms and Conditions in their Provisional Order specified, it shall be lawful for the said Commissioners, if they shall see fit, to proceed therewith. How Persons VIII. And be it enacted, That if in any Case, after the Valuer 25 exercising acting in the Matter of any Inclosure shall under the Authority and Acts of Ownership Direction of the Commissioners, and in manner provided by the said where Rights first-recited Act, have ordered all or any Part of the Rights of Sheepextinguished, walk, Common or other Rights, in or over the Land to be inclosed, or any Part thereof, to be extinguished, or the Exercise thereof to 30 be suspended, or after such Valuer shall under the Authority of the upon, may be same Act have directed any Allotment to be made in such Inclosure to be entered upon by the Person for whom the same shall be intended, any Person, other than and except, as to any Allotment directed to be entered upon, the Person for whom such Allotment 35 is intended, shall exercise any Act of Ownership upon or in respect of any Land the Rights in, upon, or over which shall have been so extinguished or shall be so suspended, or any Land so directed to be entered upon, whether by erecting Huts or other Buildings or Erections thereon, or by putting up Fences, or digging therein, 40 or otherwise, any Person doing or performing any such Act of Ownership, or being in any Manner concerned in the doing or Performance thereof, on being convicted thereof before Two Justices of of the Peace having Jurisdiction in the County or Place, shall forfeit and pay, for and in respect of every such Act of Ownership, such Sum of Money not exceeding Five Pounds as such Justices shall think proper to inflict by way of Penalty, and such Sum shall be paid 5 to the Valuer, to be applied by him in aid of the Expenses in such Inclosure, or to the Person lawfully in possession of such Allotment, as the Justices may think fit and direct; and the Justices may by their Order legally vest any Property or Effects erected or placed upon the Land by the Exercise of any such Act of Ownership in 10 the Valuer, to be removed, sold, and applied by him in aid of such Expenses, or in the Person lawfully in possession of such Allotment, as the Justices may think fit and direct; and the Provisions of the Act of the Seventh and Eighth Years of King George the Fourth, intituled "An Act for consolidating and amending the Laws in 7 & 8 G. 4. 15" England relative to malicious Injuries to Property," concerning c. 30. the Prosecution of Offenders punishable on summary Conviction under such Act, and the Form of such Conviction, and concerning the Cases of a summary Conviction under such Act where the Sum which shall be forfeited for the Amount of Injury done shall 20 not be paid, and all other Provisions of such Act consequent upon or in relation to such Proceedings and Conviction, shall be applicable to the Offences under this Act, and the Prosecution and Conviction for the same respectively, save that any Matter by the said Act directed to be done by the Justice shall be done by Two 25 Justices as aforesaid: Provided always, that no Remedy which any Remedies Person in possession of the Land under a Direction by the Valuer to of this Proindependent enter thereon might otherwise have in respect of any such Act of vision to be Ownership, under the fourthly above-recited Act or otherwise, shall unprejube in any Manner prejudiced or affected by the Provision last herein30 before contained. diced. of Purchase IX. And be it enacted, That when any Money is or shall have been Application paid by any Railway Company for the Purchase of any Land, or by Monies of way of Compensation to any Tenant for Life or in Tail, or to any Persons Feoffee in Trust, Executor or Administrator, Husband, Guardian, under legal Disability. 35 Committee, or Trustee for or on behalf of any Infant, Idiot, Lunatic, Feme Covert, or Cestuique Trust, or to any Person whose Lands are limited in strict or other Settlement, or to any Person under any other Disability or Incapacity whatsoever, or to any Corporation not being legally and equitably entitled to sell and dispose of such Land, it shall 40 be lawful for such Person or Corporation, with the Approbation of the Commissioners, out of such Money to defray the Expense of any permanent Improvement, such as building, dividing, draining, or planting, and the like, which shall, in the Judgment of the Commissioners, be proper to be made, and shall be made under their Direction, 599. upon Recited Acts deemed Part of this Act. upon any Land held under the same Title or subject to the same X. And be it enacted, That this Act shall be taken to be a Part of the said recited Acts, and be construed therewith. ARRANGEMENT OF CLAUSES. Three Commissioners to be appointed under Sign Manual; Sect. 1. Commissioners to have a Common Seal; 2. Two Commissioners to be a Quorum; 3. Power to appoint and remove Secretary, Clerks, &c.; 4. Salaries to be paid out of Monies to be provided by Parliament; 6. Oath of Commissioners; 8. Commissioners to frame and promulgate Forms of Application, &c.; 9. Commissioners to make General Rules for regulating Proceedings; Rules to be laid before Privy Council, and when confirmed by Privy Council to be enrolled; Rules may be altered; 10. General Rules to be laid before Parliament; 11. Power to Commissioners to summon Witnesses, &c.; 12. Orders of Commissioners may be enforced in England; 14. Commissioners to have the Jurisdiction of a Court of Equity, and may refer Inquiries, &c. to One Commissioner; 15. When Land or Lease of Land in Ireland is subject to Incumbrance, Owner or Incumbrancer may apply to Commissioners for a Sale; 16. Where Land or Lease not to be deemed subject to Incumbrance; 17. When Incumbrance subject to Limitations the first Person entitled, &c. to make Application; 18. Commissioners upon Application for Sale may, after Notices and Hearing, direct a Sale; 19. Tenancies, &c. to be ascertained; Sale may be made subject to an annual Charge; 20. Sale to be under the Direction of the Commissioners; Form of Assurance; Execution by Commissioners sufficient; 21. Payment of Purchase Money; 22. Effect of Assurance; 23. Saving of Right of Common, &c.; 24. 235 શ Commis |