ARRANGEMENT OF CLAUSES.

Preamble recites 8 & 9 Vict. c. 118., 9 & 10 Vict. c. 70., 10 & 11 Vict. c. 111., and 11 & 12 Vict. c. 99.

Persons having Rights of Common may be dealt with as a Class; Sect. 1.

Meetings for Instructions to Valuer; 2.

Commissioners may complete Proceedings under 6 & 7 W. 4. c. 115.; 3.

Allotments in lieu of Quit Rents, Chief Rents, and Heriots; 4.

Balance of Money raised by Sale of Land may be paid to Parties interested; 5.

Provisions of recited Acts applicable to Powers of Exchange to extend to Exchange and Partition of Rights, &c.; 6.

As to Inclosure of separate Tracts; 7.

Provision regulating Proceedings in Cases of Exercise of Ownership after Rights suspended or extinguished, &c. Other Remedies not to be prejudiced; 8.

Parties under Disability may defray Expenses of permanent Improvements in Cases where Money is paid by Railway Company for Purchase of Land or for Compensation, &c.; 9.

Recited Acts to be Part of this Act; 10.

AN

ACT

Further to facilitate the Inclosure of Commons, and the Improvement of Commons and other Lands.

HEREAS an Act was passed in the Session of Parliament Preamble. holden in the Eighth and Ninth Years of the Reign of

W

Her present Majesty, intituled "An Act to facilitate the 8 & 9 Vict. "Inclosure and Improvement of Commons and Lands held in c. 118. 5 common, the Exchange of Lands, and the Division of intermixed

66

66

Lands, to provide Remedies for defective or incomplete Executions "and for the Non-execution of the Powers of general and local "Inclosure Acts, and to provide for the Revival of such Powers in "certain Cases :" And whereas an Act was passed in the Session of 10 Parliament holden in the Ninth and Tenth Years of Her present Majesty, intituled "An Act to amend the Act to facilitate the In- 9 & 10 Vict. "closure and Improvement of Commons:" And whereas an Act was c. 70. passed in the Session of Parliament holden in the Tenth and Eleventh Years of Her present Majesty, intituled "An Act to extend the Pro- 10 & 11 Vict. 15" visions of the Act for the Inclosure and Improvement of Commons:" c. 111. And whereas an Act was passed in the Session of Parliament holden in the Eleventh and Twelfth Years of Her present Majesty, intituled "An Act to further extend the Provisions of the Act for the Inclo- 11 & 12 Vict.

of Common

with as a

Class.

"sure and Improvement of Commons:" And whereas it is expedient that the Provisions of the said Acts should be further extended: Be 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 5 Persons hav- of the same, That whenever Persons interested in any Land to be ing Rights inclosed under the Provisions of the said recited Acts shall be entitled may be dealt to any similar Rights of Common or other similar Rights over the Lands to be inclosed, and it shall appear to the Valuer in the Matter of such Inclosure that it would be for the Benefit of such 10 Persons to be dealt with as a Class in the Matter of such Inclosure, it shall be lawful for the said Inclosure Commissioners, on the Representation of the said Valuer, to call a Meeting of the Persons interested, for the Purpose of ascertaining whether Two Thirds in Number of the Persons present at such Meeting shall be desirous of being dealt with 15 as a Class; and the Commissioners shall, if they shall so think fit, appoint an Assistant Commissioner to be present and preside at such Meeting, and to take the Votes of the Persons present thereat; and such Assistant Commissioner (if any) or the Chairman of the Meeting shall report to the said Commissioners whether Two Thirds in 20 Number of the Persons present at such Meeting are desirous of being dealt with as a Class as aforesaid; and if it shall appear that Two Thirds of such Persons are desirous of being dealt with as a Class, it shall be lawful for the Commissioners, by an Order under their Seal, if they shall so think fit, to direct that the Persons entitled to such 25 similar Rights of Common or other similar Rights as aforesaid shall be dealt with as a Class; and after such Order all the Provisions of the said recited Acts applicable to a Class shall be applicable to the Persons so interested in the Matter of such Inclosure, as if they had been a Class under the Provisions of the said recited Acts.

Class.

Meetings for Instructions.

30

II. And whereas Doubts have arisen whether, under the Provisions of the said first-recited Act, after a Meeting shall have been holden to give Instructions to a Valuer in the Matter of any Inclosure, any other Meeting after such First can be holden for the Purpose of giving further Instructions to such Valuer in the Matter of such 35 Inclosure: Be it declared and enacted, That in all Cases where in the Matter of any Inclosure a Meeting shall have been holden for the Purpose of giving such Instructions, it shall be lawful for the said Commissioners to call other Meetings to give further Instructions to the Valuer in the Matter of any Inclosure, subject to all the Provi- 40 sions of the said first-recited Act as regards the First Meeting held for the Purpose aforesaid, so far as the same shall be applicable to the Second or any subsequent Meeting; and when any Instructions shall have been given previously to the passing of this Act to the

Valuer