11 & 12 VICT.

c. 99.

Valuer may set out private and

occupation roads

in certain cases for use of lands

other than lands

to be inclosed.

Expenses of maintaining private roads, &c. may be

on owners.

Sect. 4. "And be it enacted, that the valuer acting in the matter of any inclosure may, where he shall think fit, set out such private or occupation roads and ways through the land to be inclosed as by reason of the alteration of public roads or ways, or otherwise, he shall think requisite for the use, wholly or in part, of persons interested in other lands; and any expenses which the valuer may incur in relation to the setting out or formation or completion of such private roads, or any of them, shall, unless the valuer shall otherwise direct, be paid by such of the owners for the time being of the land the subject-matter of such inclosure, and of the owners of land for whose use the said roads shall have been set out, or of either of such classes, and in such shares and proportion as the valuer shall direct; and after the formation and completion of such private roads and ways, the same shall be maintained and kept in repair by and at the expense of such of the said several owners, in such shares and proportions and in such manner as the valuer shall direct: provided always, that the grass and herbage on such roads shall be subject to the same regulations as if they had been private or occupation roads set out under the said firstly-recited act."

Sect. 5. "And be it enacted, that it shall be lawful for the valuer, with the sanction of the commissioners, by his award to direct that the expenses of repairing, cleansing, and maintaining all or any of the private raised by a rate roads and ways, common ponds, ditches, watercourses, embankments, tunnels, and bridges, thereby directed to be set out and made, enlarged, or altered and maintained, shall be raised by rate to be levied on the lands of which the owners for the time being might have been directed by such award to repair, cleanse, and maintain the same roads, ponds, ditches, watercourses, embankments, tunnels, and bridges respectively, in such proportions as he shall by his award direct."

Rating officer

may be appointed

for repairing private and

common ponds, ditches, &c.

Sect. 6. "And be it enacted, that where the expenses of repairing, cleansing, and maintaining any private or occupation roads and ways, common ponds, ditches, watercourses, embankments, tunnels, or bridges shall have been directed to be raised by rate as aforesaid, a meeting shall be called by the commissioners of the owners of the lands subject to such rate, at such time after the confirmation of the award as the commissioners shall by notice on the church-door appoint; and the major part in value of such owners present, by themselves or their agents authorized in this behalf, at such meeting, shall elect a fit person to be rating officer; and every such officer so to be elected as aforesaid, or to be elected or re-elected at any subsequent meeting, shall continue in office until the expiration of fifteen days after the day of the annual meeting of such owners then next following, and no longer, unless he shall be re-elected at such annual meeting; and such owners shall ever after such first meeting meet for the election of a rating officer on the first Monday in February in every year; and the owners assembled at such meetings shall from time to time fix, increase, or diminish the salary or payment to be made to every such rating officer; and any such rating officer may be removed by four-fifths in value of the owners of such lands present, by themselves or their agents authorized in this behalf at any meeting called for the purpose, by fourteen days' notice on the church door, under the hands of any two such owners; and in case any such rating officer shall die while he shall hold such office, or shall be removed as aforesaid, it shall be lawful for the majority in value of owners of such lands present as aforesaid at any meeting, which upon such vacancy any two owners may call, by fourteen days' notice on the church door, to appoint a rating officer in his place, who shall hold the office until the expiration of fifteen days after the then next annual meeting; and a certificate in writing, under the hands and seals of two justices of the peace, of the election of any rating officer (which certificate any two justices of the peace are authorized, if they think fit, to give, on the request and upon the declaration of any owner of such lands, or the agent of any such owner, present at the meeting at which the election shall have taken place), shall, in all matters and

c. 99.

proceedings whatsoever in which any acts done by any rating officer in 11 & 12 VICT. the execution of his office shall be in question, be evidence that he was duly appointed rating officer."

Sect. 7. "And be it enacted, that the rating officer for the time being How rates to be shall, subject to such orders and instructions in writing as may from time raised. to time be agreed on by the majority in value of the owners of such lands as aforesaid at their yearly meetings, maintain and keep in order the said roads, ways, common ponds, ditches, drains, watercourses, embankments, tunnels, and bridges, and shall, for the payment to be made to rating officers, and all expenses in and about the premises under the directions of any such meeting of owners from time to time, make a rate on the respective owners for such sum as the majority in value of owners present at such meeting shall think requisite, and every such rate shall be apportioned and paid by the owners according to the proportions directed by the award as aforesaid, and shall be paid to the rating officer on demand thereof, and in case the same shall not be paid within fourteen days after demand thereof shall be recoverable by such rating officer by distress; and any such demand or distress may be made of or on the occupier of any such land as if the occupier were the owner liable to the payment of such rate, and such rate may be paid by any such occupier on demand thereof; and the money so paid by such occupier shall be deemed a payment on account of his rent, and shall be allowed by his landlord accordingly."

expenses to be

Sect. 8. "And be it enacted, that where any persons shall, under the Money raised for provisions of the said first-recited act, mortgage their allotments or paid to commisdemise the same in trust, for the purpose of raising money to defray the sioners. inclosure expenses, the said money shall be paid to the commissioners, and the receipt of the commissioners shall be a sufficient discharge to the mortgagee or lessee for the receipt of such money; and such money shall be applied by the commissioners for the purpose for which it may be raised under the said recited act."

Sect. 9. "And be it enacted, that notwithstanding anything in the How claims may said first-recited act contained it shall be lawful for the valuer in the be made. matter of any inclosure to receive any claims in writing made by any persons claiming any common or other right or interest in such inclosure, although such claims may not contain the several particulars in respect whereof they are made, nor distinguish the claims in respect of freehold, copyhold, or customary and leasehold property from each other, nor mention therein the places of abode of the respective claimants or their agents; but such claims shall be good and valid if the persons making the same shall state therein that they claim common or other right or interest in the land proposed to be inclosed in respect of the land, premises, or right named in such claims: provided always, that it shall be lawful for the valuer to require persons delivering any claims to amend the same in such particulars and on such conditions as the said valuer shall think just and reasonable, and no such claims shall be inserted in the statement of claims to be deposited by him under the provisions of the said act until the places of abode of the respective claimants, or their agents, shall have been given in writing in the said claims or indorsed thereon."

rights suspended

entered upon,

Sect. 10. "And be it enacted, that where the valuer acting in the How person matter of any inclosure shall, under the authority and direction of the trespassing where commissioners, and in manner provided by the said first-recited act, or extinguished, have ordered all or any part of the rights of sheep-walk, common, or or allotments other rights in or over the land to be inclosed, or any part thereof, to be may be proceeded extinguished, or the exercise thereof to be suspended, or where such against. valuer shall have directed any of the allotments to be made in such inclosure to be entered upon by the persons respectively for whom the same shall be intended, if any person shall wilfully or maliciously commit any damage, injury, or spoil to or upon any fences, ditches, or other

11&12 VICT. works made or done for the purposes of such inclosure, or to or upon c. 99. any such allotment, the person so offending, being convicted thereof before two justices of the peace having jurisdiction in the county or place, shall forfeit and pay such sum of money as shall appear to such justices to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of five pounds, and such sum shall be paid to the valuer, to be applied by him in aid of the expenses in such inclosure, or to the person in possession of such allotment, as the justices 7 & 8 Geo. 4, c. 30. 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 England relative to malicious Injuries to Property,' concerning the apprehension of offenders and the prosecution of offences 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 the injury done shall 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 justices as aforesaid."

Person having

of allotment may maintain action for damage.

Sect. 11. "And be it enacted, that where the valuer acting in the taken possession matter of any inclosure shall have directed any of the allotments to be entered upon by the persons for whom the same shall be intended, it shall be lawful for any person who shall have entered upon or taken possession of any such allotment by virtue of such direction, or his tenant, to commence, prosecute, and maintain any action of trespass, ejectment, or other suit at law for any entry upon or injury or damage that may be done or committed to such allotment, or the soil or herbage thereof, or the fences thereof, or for the recovery of the possession thereof, although the award in the matter of such inclosure may not have been made, without prejudice nevertheless to the power of the valuer, under the said acts, to make alterations in allotments."

On neglect of owner of an allotment to fence, owner of any other

allotment preju

diced by his neglect may

and do the necessary work.

Sect. 12. "And be it enacted, that where any person to whom an allotment shall have been made by an award in the matter of any inclosure, or the owner for the time being of such allotment, shall refuse or neglect to make any ditch or fence which, according to the directions of such award, ought to be made by or at the expense of the owner of such allotment, it shall be lawful for the owner or occupier of any other allotobtain possession ment made in the same inclosure, who shall be aggrieved in the enjoyment of his allotment by such refusal or neglect, to cause the person so refusing or neglecting to be served, in the manner hereinafter mentioned, with a written notice, signed by the owner or occupier so aggrieved, or his agent, of his intention to proceed under the authority of this act to make such ditch or fence, in case the same should not be made within three calendar months from the time of serving such notice; and in case such ditch or fence shall not be made within such three calendar months, it shall be lawful for the owner or occupier so aggrieved, or his agent (if such owner or occupier shall so think fit), to make or cause to be made such ditch or fence in such manner as the same ought to have been made, according to the directions of the said award, by the owner so neglecting or refusing as aforesaid, and for such purpose, with labourers and workmen, to enter upon the allotment by the owner of which such ditch or fence ought to have been made, and to do all such acts as may be necessary or proper; and all costs and expenses incurred in such work by the owner or occupier so aggrieved shall be reimbursed to him by the owner so neglecting or refusing as aforesaid, and may be recovered by action of debt or on the case, and if the amount claimed in respect thereof shall not be more than twenty pounds shall be recoverable in the county court of the district where the work shall be done; and any notice as aforesaid may

c. 99.

be served either personally or by leaving the same with some person being 11 & 12 VICT. in and apparently residing at the place of abode of the owner for the time being of the allotment to which such notice shall relate; but if such owner cannot be found, and his place of abode shall not be known, or admission thereto cannot be obtained for serving such notice, the posting of such notice conspicuously on the allotment to which the same shall relate shall be deemed good service on the owner thereof: provided always, that neither the power hereinbefore contained, nor the making of such ditch or fence by the owner or occupier so aggrieved as aforesaid, shall affect any right or remedy which such owner or occupier would otherwise have had in respect of the neglect to make such ditch or fence, or of any trespass or damage occasioned thereby.'

inclosure acts

partition.

Sect. 13. "And whereas it is expedient that the provisions of the said Provisions of recited acts concerning exchanges should extend to partition: be it concerning enacted, that it shall be lawful for the commissioners, upon the applica- exchanges of tion in writing of the persons interested, according to the definitions in land not the said first recited act contained, in the several undivided parts or shares inclosed, &c. subject to be of any land not subject to be inclosed under the said first-recited act, or extended to in land subject to be inclosed under such act as to which no proceedings for an inclosure shall be pending, and who shall desire to effect a partition of such land, to direct inquiries whether such proposed partition would be beneficial to the owners of such undivided parts or shares, and in case the commissioners shall be of opinion that such partition would be beneficial, and that the terms of the proposed partition are just and reasonable, they shall, unless notice of dissent to the proposed partition shall be given, under the provision herein by reference contained, cause to be framed and confirmed an order of partition, with a map or plan thereunto annexed, in which order shall be specified and shown the land allotted in severalty to each person so interested in respect of the undivided part or share in which he shall be so interested respectively; and the land allotted in severalty upon every such partition, in respect of each such undivided part or share, shall be and enure to, for, and upon the same uses, trusts, intents, and purposes, and subject to the same conditions, charges, and incumbrances, as the undivided part or share in respect whereof the same shall be allotted would have stood limited or been subject to in case such order had not been made.”

inclosure acts

Sect. 14. "And be it enacted, that the provisions of the said first- Provisions of recited act concerning notice, dissent, and confirmation and expenses with applicable to respect to an exchange of lands not subject to be inclosed under such such exchange act or of lands subject to be inclosed under such act, as to which no to apply to partiproceedings for an inclosure shall be pending, and all other provisions of act. the said first-recited act and of the acts for amending and extending the same, applicable to such exchange as aforesaid, shall be applicable to a partition of land under this act."

tion under this

Sect. 15. "And whereas by the provisional order made by the inclosure In common wood commissioners in the matter of the inclosure of common wood situate in inclosure power to pay value of the parish of Holt in the county of Denbigh, dated the twenty-ninth day allotments to of January one thousand eight hundred and forty-six, it was declared crown in money. that one-twentieth part in value of the said common wood should be allotted to Her Majesty as lady of the manor of Bromfield and Yale in respect of her right and interest in the soil, exclusively of all right and interest of Her Majesty in all mines, minerals, stone, and other substrata under the said common wood: and whereas it is expedient that the said one-twentieth part in value of the said common wood should be compensated by a money payment, and not by an allotment of land: be it therefore enacted, that it shall be lawful for the valuer in the matter of the said inclosure to award, and for the commissioners of her Majesty's woods, forests, land revenues, works, and buildings for the time being to receive on behalf of Her Majesty, the value of the said one-twentieth part of the said common wood in money the same to be accounted for and applied in the same manner as moneys received by them in respect of

c. 99.

11 & 12 VICT. sales of the possessions and land revenues of the crown in England; and from and immediately after payment thereof as aforesaid such payment shall be in full satisfaction of all the right, title, and interest of Her Majesty, her heirs and successors, in, to, over, and upon the said common wood, save and except of the rights and interest in mines, minerals, stone, and other substrata reserved to Her Majesty, her heirs and successors, by the said provisional order."

Recited acts

deemed part of this act.

Sect. 16. "And be it enacted, that this act shall be taken to be part of the said recited acts of the eighth and ninth, of the ninth and tenth, and of the tenth and eleventh years of the reign of Her present Majesty."

11 & 12 VICT. BY the 11 & 12 Vict. c. 109, intituled "An Act to authorize the Inc. 109. closure of certain Lands in pursuance of a Special Report of the Inclosure Commissioners for England and Wales' (passed 4th September, 1848), 8 & 9 Vict. c. 118. after reciting that the inclosure commissioners for England and Wales have, in pursuance of an act passed in the ninth year of the reign of Her present Majesty, intituled 'An Act to facilitate the Inclosure and Improvement of Commons and Lands held in Common, the Exchange of Lands, and the Division of intermixed Lands; to provide Remedies for defective or incomplete Executions, and for the Nonexecution of the Powers of general and local Inclosure Acts; and to provide for the Revival of such Powers in certain Cases,' since the date of their third annual general report, issued their provisional orders for and concerning the proposed inclosures mentioned in the schedule to this act, and the requisite consents thereto have been given: and that the said commissioners have, by a special report, certified their opinion that such proposed inclosures would be expedient; but the same cannot be proceeded with without the previous authority of Parliament: it is enacted that the said several proposed inclosures mentioned in the schedule to this act be proceeded with."

Inclosures

mentioned in

schedule may be proceeded with. Short title.

Commissioners

may, if they

think fit, order

sure to be pro

ceeded with, as if it had been mentioned in schedule.

Sect. 2. "And be it enacted, that in citing this act in other acts of Parliament, and in legal instruments, it shall be sufficient to use the expression 'The Second Annual Inclosure Act, 1848.'

Sect. 3. And whereas since the presentation by the inclosure commissioners of the said special report the necessary consents to the provisional the Warley inclo- order have been given in the matter of the Warley inclosure in the county of York: and whereas the several parties consenting thereto are desirous that certain agreements already entered into between the lord of the manor of Wakefield, of which the township of Warley is parcel, and commoners thereof, who have consented to such provisional order, should be carried out with respect to certain matters which unless provided for it would not be advisable that such inclosure shall proceed: be it therefore enacted, that it shall be lawful for the said commissioners, if they shall think fit, and they are hereby authorized, by order under their seal, to direct that the said inclosure be proceeded with upon the terms and conditions of such provisional order and of the said agreements, or such of them as the said commissioners shall think just and reasonable; and thereupon such inclosure shall be proceeded with, and the award to be made in pursuance of such order shall be binding and conclusive, in the same manner as if the said Warley inclosure had been mentioned in the schedule to this act, and as if the terms and conditions of the said agreements, or such of them as the commissioners shall think just and reasonable as aforesaid, had been included in and incorporated with the provisional order in the matter of such inclosure, and had been authorized by the said recited act."