150. Commis

sioners may confirm awards or agreements made under supposed

authority of

c. 115.

year

5

And be it Enacted, That where, by any award or agreement expressed to be made under the authority of the said Act of the seventh of King WILLIAM the Fourth, intituled, "An Act for facilitating the Inclosure of Open and Arable Fields in England and Wales," any moors, commons or waste Lands or other Lands not subject to 6 & 7 Will. 4, be inclosed under the provisions of such last-mentioned Act shall have been inclosed or apportioned and allotted, and the Lands so inclosed or apportioned and allotted shall be within the definition of Lands subject to be inclosed under this Act, it shall be lawful for the Commissioners, upon the application of any person interested in any Land so inclosed 10 or apportioned and allotted, to make such inquiries in relation to such award or agreement as the Commissioners shall think fit, and if it shall appear to the Commissioners that the rights and interests of all parties interested in the Lands expressed to be inclosed or apportioned and allotted by such award or agreement, shall have been duly provided 15 for and compensated thereby, or might be duly provided for and compensated thereby, if such award or agreement were confirmed, or amended and confirmed as hereinafter mentioned, it shall be lawful for the Commissioners, by any order under their hands and seal, to confirm such award or agreement, or to amend the same, as the jus- 20 tice of the case and the rights and interests of the parties may appear to the Commissioners to require, and to confirm the same, with the amendments specified in such order, as the Commissioners shall think fit, and every award and agreement so confirmed shall, with the amendments, if any, which shall have been made by such order, have the same force and effect as a final award under the authority of this Act; and all expenses with reference to such order as last aforesaid, and of all inquiries in relation thereto, or to any proposed confirmation of any such award or agreement, shall be borne by the persons on whose application such order shall be made or such inquiries undertaken.

151. Penalties and Forfeitures, how recoverable.

25

30

And be it Enacted, That all penalties and forfeitures imposed by this Act, or which shall be imposed by the Commissioners or Assistant Commissioner acting in the matter of any Inclosure or other proceeding under or by virtue of the authority of this Act, shall be levied and recovered before any One Justice of the Peace for the county in 35 which the Land subject to be inclosed, or to which such other proceeding shall relate, shall be situate, and not interested in the matter in question, for which purpose it shall be lawful for any such Justice of the Peace upon complaint made to him to summon the party accused, and the witnesses on both sides; and upon 40 the appearance or contempt of the party accused, to examine such witnesses upon oath (which oath any such Justice is hereby empowered to administer), and upon such evidence to give judgment accordingly, and to condemn the party accused (proof of the accusation being made by One or more witness or witnesses as aforesaid)

2

5

in such penalties and forfeitures as the offenders shall have incurred,
and to levy such penalties and forfeitures by distress, together with
reasonable costs; all which penalties and forfeitures, the application
whereof is not particularly directed by this Act, shall and so soon as
the same shall be levied, be paid and applied to and for such uses,
intents or purposes as the Commissioners in and by any writing under
their hands and seal shall order, direct or appoint.

And be it Enacted, That when in this Act any sum of money,
whether in the nature of penalty or otherwise, shall be directed to be
10 levied by distress, such sum of money shall be levied by distress and
sale of the goods and chattels of the party liable to pay the same; and
the surplus monies arising from such sale, after satisfying such sum
of money, and the costs and expenses attending the distress and sale,
shall, on demand, be rendered to the party whose goods and chattels
15 shall have been distrained.

And be it Enacted, That no distress levied by virtue of this Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the warrant of distress or other proceeding relating thereto, nor shall 20 such party be deemed a trespasser, ab initio, on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.

And be it Enacted, That all notices by this Act directed to be given 25 by advertisement shall be given by an advertisement to be inserted in some newspaper or newspapers printed or usually circulated in the county in which the Land subject to be inclosed, or other Land to which such notice shall relate shall be situate, and all notices directed to be given on the church-door shall be by writing, under the hand of 30 the party giving such notice, to be affixed on the principal outer door of the church of the parish, or if there shall be no church, then in some conspicuous place in the parish in which the Land subject to be inclosed or other land to which such notice shall relate or some part thereof shall be situate, on Sunday before divine service; and all notices 35 necessary to be given by the Commissioners or any Assistant Commissioner or valuer acting in the matter of any Inclosure (the mode of giving which is not hereby particularly directed) shall be by either or both of the methods aforesaid as the Commissioners or Assistant Commissioner or valuer respectively shall think fit; and all notices 40 so given shall be deemed sufficient notices to all persons concerning all matters and things to which such respective notices shall relate.

And be it Enacted, That no advertisement inserted by direction of the Commissioners or any Assistant Commissioner acting in the

156.

Persons
giving falsc
evidence, &c.,
to be guilty of
a Misde-
meanor,

157. Limitation of actions.

158.

Proceedings not to be

removed by eertiorari.

matter of any Inclosure, in the London Gazette or in any news-
paper for the purpose of carrying into effect any provision of this Act,
and no agreement, award, bond or power of attorney made or confirmed
or used under this Act, shall be chargeable with any stamp duty.

5

And be it Enacted, That if any person under the provisions of this
Act shall wilfully give false evidence, or shall make or subscribe a
false declaration for the purposes of this Act, or shall wilfully refuse to
attend, in obedience to any lawful summons of the Commissioners or
an Assistant Commissioner or Valuer, or to give evidence, or shall
wilfully alter, withhold, destroy or refuse to produce any book, court- 10
roll or writing, map, plan or survey, or any copy of the same, which
may be lawfully required to be produced before the Commissioners
or Assistant Commissioner or Valuer, he shall be deemed guilty of a
Misdemeanor.

And be it Enacted, That no action or suit shall be commenced
15
against any Commissioner, Assistant Commissioner, Justice of the
Peace, Valuer, or other person, for any thing done under the autho-
rity of this Act, until Twenty-one Days' notice thereof shall have
been given in writing to the party against whom such action or
suit is intended to be brought, or after sufficient satisfaction or tender 20
of amends shall have been made to any party aggrieved, or after
Three calendar Months shall have expired from the commission of
the act for which such action or suit shall be so brought; and every
such action shall be brought, laid and tried in the county or place
where the cause of action shall have arisen, and not in any other 25
county or place; and if it shall appear that such notice of action or
suit was brought before Twenty-one Days' notice thereof given as
aforesaid, or that sufficient amends were made or tendered as afore-
said, or if any such action or suit shall not be commenced within the
time before limited in that behalf, or such action shall be laid in any 30
county or place other than as aforesaid, then the Jury shall find a
verdict for the defendant therein; or the Court, upon summary appli-
cation by motion in any such suit, may dismiss the same against such
defendant; and if a verdict shall be found for such defendant, or such
suit shall be dismissed upon application as aforesaid, or if the plaintiff 35
in such action or suit shall become nonsuit or suffer a discontinuance
of such action, or if upon any demurrer in such action or suit, judg-
ment shall be given for the defendant therein, then such defendant
shall have costs, charges and expenses as between attorney and
client.

And be it Enacted, That no order, adjudication or proceeding made or had by or before the Commissioners or any Assistant Com

missioner

5

missioner under the authority of this Act, except as hereinbefore provided, or any proceeding to be had, touching any offender against this Act, shall be quashed for want of form, or be removed or removable by certiorari, or any other writ or process, into any of Her Majesty's Courts of Record at Westminster or elsewhere.

tion Clause.

159. And be it Enacted, That in the construction and for the purposes of Interpretathis Act, unless there be something in the subject or context repugnant to such construction, the word "person," shall mean and include the Queen's Majesty, and any body corporate, aggregate or sole, as well 10 as an individual; any word importing the singular number only, shall mean and include several persons or parties as well as one person or party, and several things as well as one thing respectively, and the converse; any word importing the masculine gender only, shall mean and include a female as well as a male; the word 15 "Land," shall mean and include all messuages, lands and corporeal tenements and hereditaments; the word "county" shall include any riding or other like division of a county, and any liberty, city or place having a separate commission of the peace; the word "parish" shall include any township or vill, or extra-parochial district or place; the 20 word "church" shall mean and include any chapel where there is no church; the word "school-house" shall mean any parochial or charitable school-house; the words "the Commissioners" shall mean the Inclosure Commissioners for England and Wales; and the words "Assistant Commissioner" shall mean the Assistant Commissioner

25 appointed by the Inclosure Commissioners.

160.

And be it Enacted, That this Act shall extend only to England and Act to extend Wales.

only to England and Wales.

161.

And be it Enacted, That this Act may be amended or repealed May be by any Act to be passed in this present Session.

amended in present Session.

THE SCHEDULE

TO WHICH THIS ACT REFERS.

FORM of CONVEYANCE by Commissioners [in the matter of

WE,

the

Inclosure.]

the Inclosure

Commissioners for England and Wales, by virtue of an Act of Pariiament passed in the year of the reign of Queen VICTORIA, intituled [here insert the title of this Act], and in consideration of the sum of

our hands by

paid into

being the purchase-money

of the hereditaments hereinafter described, do by these presents convey unto his heirs and assigns, all that [here describe the premises], with the appurtenances; to hold the same unto the said his heirs and assigns [here state the uses, trusts or purposes of the conveyance, as the case may require.] In witness whereof we have hereunto affixed our seal this day of

1 I,

To wit. Justices of the Peace in and for the said County of

do hereby summon you personally to be and appear before such Two of Her Majesty's Justices of the Peace as shall be present at

in the said County, on

next, at the hour of

the

day of

of the same day, to answer the complaint of A. B., that [he is refused reasonable compensation for diminution of his right of pasture in the regulated pasture in ], or [that the said A. B.

is charged with an excessive payment for increase of his right of pasture in the regulated pasture of ], otherwise the complaint will be proceeded with as if you had appeared. Given under my hand and seal this day of

in the year

FORM