40. Security for Costs to be taken by the Commissioners. 41. Power to straighten Boundaries. 42. Valuer to hold meetings. 43. Claims to be delivered in writing. summoned, in pursuance of a resolution of the rate-payers of any parish in vestry assembled, the costs and expenses so paid by hin shall be repaid to him by the Overseers of the Poor of such parish, out of the poor's rate, and shall be allowed in account to such Overseers. 5 And be it Enacted, That every person who shall be dissatisfied and shall require a jury to be summoned as aforesaid, shall, at his own costs, before the Commissioners shall be obliged to issue their warrant for the summoning of such jury, enter into a bond with two sufficient sureties to the Commissioners in a sufficient penalty to prosecute the complaint, and to bear and pay their costs and expenses of summoning 10 and returning such jury and taking such verdict, and of the sum moning and attendance of witnesses, in case the said costs and expenses shall fall upon them. And be it Enacted, That for the purpose of shortening or rendering straight any boundary fences between the Land to be inclused and any 15 adjoining Lands, it shall be lawful for the Valuer acting in the matter of any Inclosure, with the consent in writing of the person interested in such adjoining Lands, to set out and determine the boundaries between the Land to be inclosed and such adjoining Land, or to draw and define a new line of boundary, as he shall judge proper for 20 the purposes aforesaid; and after such boundaries shall have been so set out and determined as aforesaid, or such new line of boundary drawn and defined, the same shall be made, fenced, ditched or mounded by such person, in such manner and at such times as the Valuer shall direct, and shall for ever thereafter be deemed the boundaries and 25 limits of such respective Lands. And be it Enacted, That the Valuer acting in the matter of any Inclosure, shall from time to time hold such meetings for the examination of claims and otherwise in the matter of such inclosure as occasion shall require, and shall cause notice to be given on the church 30 door of the parish in which the Land proposed to be inclosed, or the greater part thereof, shall be situate; and also, like notice to be given by advertisement of the time and place of the meeting in the matter of such Inclosure, and of each subsequent meeting in the like manner, Fourteen Days at least before such respective meeting (meetings by 35 adjournment only excepted), and if from any cause the Valuer shall think fit to adjourn or postpone any such meeting, it shall be lawful for him to adjourn or postpone such meeting to any future day. And be it Enacted, That all persons claiming any common or other right or interest in any Land proposed to be inclosed as aforesaid, 40 shall deliver such claims in writing to the Valuer acting in the matter of such Inclosure, at such meeting as the Valuer shall appoint for the purpose, 5 purpose, stating the several particulars in respect whereof such claims are made, and distinguishing the claims in respect of freehold, copyhold, customary and leasehold property from each other, and mentioning therein the places of abode of the respective claimants or their agents at which notices in respect of such claims may be delivered; and no such claim shall be received by such Valuer after the last meeting to be held for that purpose (of which notice shall be given), except for some special cause to be allowed by the Commissioners. And be it Enacted, That a statement of all claims in the matter 10 of any Inclosure which shall have been delivered to the Valuer acting in the matter of such Inclosure as herein before provided, shall be made and deposited by him at some public place within the parish in which the Land to be inclosed, or the greater part thereof, shall be situate, Fourteen Days at least before the time to be appointed for the exa15 mination of such claims as hereinafter provided; and the Valuer shall cause Fourteen Days' notice to be given of the time and place of the meeting for the examination of such claims and for the attendance of all parties concerned therein; and at such meeting the Valuer shall proceed to examine into and determine such claims, and shall and 20 may allow or disallow the same in whole, or in part, and make such order therein as to him shall appear just; and in case any doubts or difficulties shall arise respecting such claims, or any differences shall happen between any of the claimants touching their respective claims or the relative proportions of their rights and interests, the Valuer shall determine the same, and shall make such order therein as to him shall appear just, which order shall be final, unless any party shall be dissatisfied with the determination of the Valuer, and shall give notice, as hereinafter provided, of his desire to have the claim or matter heard and determined by the Commissioners or an 30 Assistant Commissioner, or in case the Commissioners shall think fit to revise such determination under the power hereinafter contained. 25 pos Provided also, and be it Enacted, That nothing in this Act contained shall extend to enable the Valuer or the Commissioners or any Assistant Commissioner to determine the title of any Lands or 35 to determine any right between any parties contrary to the actual session of any such party (except in cases of encroachment, as hereinafter mentioned), but in case the Valuer or the Commissioners or Assistant Commissioner shall be of opinion against the rights of the party in possession, they or he shall forbear to make any determina40 tion thereupon until the possession shall have been given up by such party or recovered from him in due course of law; or where the circumstances shall admit, such Valuer, or the Commissioners or Assistant Commissioner may declare what right is appendant or appurtenant to any Land or hereditament, or otherwise declare by 46. Provisions for encroach ments within Twenty Years. 47. School-houses &c. not to be deemed en any sufficient description the rights of the owner for the time being of any Land or hereditament, without declaring by name who may be the actual owner of such Land or hereditament. 10 And be it Enacted, That all encroachments and Inclosures other than Inclosures duly authorized by the custom of any manor of which 5 such Land shall be parcel, or otherwise according to law, which shail have been made by any person from or upon any part of the Land proposed to be inclosed, within Twenty Years next before the first meeting for the examination of claims in the matter of the Inclosure thereof, whether any amerciament, rent or money, payment or acknowledgment shall or shall not have been paid or made in respect of the same to or for the use of the Lord of the Soil, or any other person, shall be deemed parcel of the Land subject to be inclosed, and shall be divided, allotted and inclosed accordingly: Provided always, That in case under the circumstances of any such encroach- 15 ments or Inclosures it shall appear to the Valuer just or reasonable that rights or interests in the Lands to be inclosed should be allowed to the persons in possession of such encroachments or Inclosures, it shall be lawful for the Valuer to allow and declare such rights accordingly: Provided also, That it shall be lawful for the several persons who shall be in possession of any such encroachments or Inclosures, or in the receipt of the rent thereof at the time of the determination of claims under this Act, to take down or remove all such buildings, fences and other erections as shall then be thereon, and to convert the materials thereof to their 25 own use within Two calendar Months after notice in writing signed by the Valuer, given to such respective persons or posted on the church door; and in case any dispute or difference shall arise touching any such encroachments or Inclosures, or as to the extent thereof, such dispute or difference shall be determined by the Valuer. 20 30 Provided also, and be it Enacted, That in case any such Land shall have been taken or used, at any time before such first meetcroachments. ing for the examination of clains, for the erection of a schoolhouse or the appurtenances thereto, or for other such purposes as in the opinion of the Valuer shall be charitable or parochial 35 purposes, such Land so taken, or the erections made thereon, shall not be taken or deemed to be of the nature of an encroachment within the meaning of this Act. 48. Encroach ments of Twenty Years Provided always, and be it Enacted, That all Land which shall have been inclosed from any Land subject to be inclosed under this 40 Act for more than Twenty Years next preceding the day of the first to be deemed meeting for the examination of claims in the matter of such Inclosure shall, for the purposes of this Act, be deemed and taken to be standing ancient Inclo sures. ancient 5 10 15 ancient Inclosures, but not so as to carry any right of common or compensation or allotment for or in respect of right of common which might be claimed in respect of ancient Inclosures. And be it Enacted, That all tofts, foundations or sites of ancient commonable messuages or cottages shall, upon proof being made to the satisfaction of the Valuer acting in the matter of any Inclosure, that commonable messuages or cottages formerly stood thereon, be deemed commonable messuages or cottages, and the respective proprietors thereof shall be entitled to the same compensation for the rights of common originally belonging thereto as if such messuages or cottages were still standing. And be it Enacted, That where any claim shall be made to any right of Common or other right which in the judgment of the Valuer or of the Commissioners or Assistant Commissioner could not be sustained in law, but proof shall be made to the satisfaction of the Valuer or of the Commissioners or Assistant Commissioner that there has been enjoyment under the right so claimed for the space of Sixty Years or upwards, next before the first meeting for the examination of claims in the matter of such Inclosure, it shall be lawful for the Valuer or the 20 Commissioners or Assistant Commissioner to allow such claims in such and the same manner as if the right so claimed might have been legally sustained and established. 25 30 And be it Enacted, That after the Valuer shall have heard and determined all claims which shall have been made in the matter of an Inclosure, he shall cause a schedule of such claims and of his determinations thereon to be deposited, and to remain for Thirty Days at the least for the inspection of all persons interested therein at some public place within the parish in which the Land to be inclosed or the greater part thereof shall be situate, and shall cause notice to be given on the church door of such parish and by advertisement of such deposit, and shall also send a copy of such schedule to the Commissioners, and shall furnish any explanations or information in relation thereto to the Commissioners as they shall require, and in case any party dissatisfied with any determination of the Valuer as aforesaid shall within Thirty Days 35 next after notice by the Valuer of such deposit of the said Schedule cause to be delivered to the Commissioners notice in writing of such dissatisfaction and of the desire of such party to have the claim or matter so determined by the Valuer heard and determined by the Commissioners or by an Assistant Commissioner, or in case the Commissioners shall, on the representation of any persons interested in such Inclosure, or on the information given by the Valuer in relation to such schedule, be of opinion that all or any of the determinations of such Valuer shall have been made without due consideration of the 275. 40 52. Appeal against determination of the Commissioners. 53. Determina 5 legal rights of the parties interested or shall be erroneous, then and in Provided always, and be it Enacted, That if any person claiming to be interested in any Land proposed to be inclosed under this Act 15 shall be dissatisfied with any determination of the Commissioners or Assistant Commissioner, concerning any claim or interest in or to the Land proposed to be inclosed under the powers herein before contained, and shall cause notice in writing of such dissatisfaction to be delivered to the Commissioners, within Thirty Days next 20 after notice of such determination shall have been given to the several parties or persons specially interested, if any such there be, it shall be lawful for such person so dissatisfied and giving such notice as aforesaid to bring an action upon a feigned issue against the person in whose favour such determination shall have been made, or against the 25 Commissioners, and to proceed to a trial at law at the then next Assizes, or at the Assizes immediately following such next Assizes, to be holden for the county wherein the Land relating to which such dispute shall arise shall be situate; and the defendant in such action shall, upon being served with the usual process therein, appear 30 thereto, and accept One or more issue or issues whereby such claim, and the right and interest thereby insisted upon, may be tried and determined; such issue to be settled by the proper officer of the Court in which the said action shall be commenced in case the parties shall differ about the same; and the verdict given upon the trial 35 of such action shall be binding and conclusive upon all parties thereto, unless the Court wherein such action shall be brought shall set aside such verdict and order a new trial to be had; and after such verdict shall be given and final judgment obtained thereon, the Commissioners shall act in conformity thereto, and allow or disallow the claim thereby determined according to the event of such trial; and the costs attending any such action shall abide the event of the trial. Provided always, and be it Enacted, That if no such notice of dismissioners not satisfaction shall be given, or if no such action at law shall be com tion of Com 40 menced |