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COMMONS INCLOSURE BILL.
ARRANGEMENT AND LIST OF CLAUSES.
The CLAUSES from 1 to 10 inclusive relate to the constitution of the Commission, the provisions for Annual and Special Reports, and its general powers.
1. Appointment of Commissioners.
2. Chairman of Commissioners. Style of Commissioners. To have a common
3. Commissioners to make annual Reports.
4. Power to appoint and remove Assistant Commissioners, &c.
5. Appointments under this Act limited to Five Years.
6. Salaries and Allowances.
7. Allowances and Salaries to be paid out of the Consolidated Fund.
9. Documents of the Tithe Commission may be used.
10. Commissioners may delegate powers to Assistant Commissioners.
CLAUSES 11 to 14.-The descriptions of Land subject to Inclosure under the Act, and those wholly exempted from its operation, and those in relation to which the special authority of Parliament will be required.
Power to summon
11. Descriptions of Land subject to be inclosed under this Act.
12. Wastes of Manors and Lands subject to indefinite common rights at all times, not to be inclosed without previous direction of Parliament.
13. Land within certain distances of large towns not to be inclosed without the
previous direction of Parliament.
14. Village Greens not to be inclosed, but provision may be made for preserving the surface and fixing boundaries.
CLAUSES 15 to 23.-Show the persons whose consents and dissents are to be regarded in all proposed Inclosures, and the manner in which their proportional interests are to be estimated for the purposes of consents, dissents and applications.
15. Persons interested in Lands for purposes of applications, &c.
17. Where the Duke of Cornwall is interested, who shall be substituted.
18. Provision for persons jointly interested.
19. In case of disability, Commissioners to name substitutes.
20. Attornies may be appointed by persons interested.
21. Proportional Interests, how estimated.
22. Power to equalize Assessments for estimating proportional value.
CLAUSES 24 to 31.-Form of Application to the Commissioners; their proceedings upon Applications; the conditions which may be prescribed by them, and the consents to be required.
24. Commissioners to frame Forms of Applications, &c.
25. Upon application to the Commissioners, an Assistant Commissioner to inquire into expediency of proposed Inclosure.
26. Assistant Commissioner to report on application.
27. Commissioners to embody the conditions of proposed Inclosure in a provisional order, and to take consents of parties interested.
28. Separate applications for separate Tracts.
29. Consent of the Lord of the Manor.
30. Allotments for exercise and recreation may be required as conditions of Inclosures.
31. Allotments for labouring poor may be required as conditions of Inclosures.
CLAUSE 32-Provides that the Acts founded on the Commissioners' Reports shall not be considered private Acts.
32. Acts for the Inclosure of Lands in pursuance of the Reports of the Commissioners to be deemed Public General Acts.
CLAUSES 33 to 35-Relate to the appointment of the Valuer by whom the details of the Inclosure are to be settled, and to the instructions which the Owners, or on their default the Commissioners, may give him for his guidance.
33. Meeting for appointing Valuer.
35. Form of Declaration by Valuer.
CLAUSES 36 to 41--Relate to the Settlement of Boundaries.
36. Power to set out Boundaries of Parishes. Appeal on questions of Boundary. 37. Non-attendance of Jurymen.
38. Juries to be subject to regulations concerning Juries returned to try issues in Courts of Record at Westminster.
39. Costs of Appeal.
40. Security for Costs to be taken by the Commissioners.
41. Power to straighten Boundaries.
CLAUSES 42 to 50.-The proceedings of the Valuer in adjudicating on Claims.
42. Valuer to hold Meetings.
43. Claims to be delivered in writing.
44. Statement of Claims to be deposited for examination. Claims to be heard and determined by Valuer, subject to appeal to the Commissioners.
45. Titles not to be determined by Valuers, Commissioners or Assistant Com
46. Provisions for Encroachments within 20 years.
47. School-houses, &c. not to be deemed encroachments.
48. Encroachments of 20 years' standing to be deemed ancient Inclosures.
50. Rights not sustainable at law to be allowed upon proof of 60 years' usage.
CLAUSES 51 to 56-Provision for revision of the Proceedings of the Valuer, and Appeals by unsatisfied claimants.
51. Schedule of Claims allowed by Valuer to be made and deposited. Claims
53. Determination of Commissioners not appealed against conclusive.
55. Commissioners may award Costs.
56. Differences may be submitted to Arbitration.
CLAUSES 57 to 67.-Provisions for making Drains, public and private Roads, and other matters for the general improvement of the Land to be inclosed previously to the actual setting out of Allotments.
57. Power to Valuer to make Watercourses, &c.
58. Power to alter Roads and Ways.
59. Appeal to Quarter Sessions.
60. Trial of Appeal.
61. Roads to be fenced.
62. Expenses of making and altering Roads.
63. Roads to be repaired by the Parish after certificate by Valuer.
64. Private Roads.
65. Rights of Common may be suspended.
66. Course of husbandry may be directed.
67. Compensation for growing crops.
CLAUSES 68 to 71.--Directions for Allotments, for repair of Roads, for Exer
cise, and for other public purposes, and for the Labouring Poor.
68. Allotment for repair of Roads.
69. Allotment for public purposes.
70. Provision for awarding Allotment for exercise, &c. to individuals, subject to the obligation of permitting it to be used.
71. Allotments for the labouring poor may be made, subject to a Corn rent-charge,
to vary and be recoverable as a Tithe rent-charge.
CLAUSES 72 to 82.--Allotments to the Lord of the Manor and to the Comimoners, with provision for the allotment of old Inclosures with consent.
72. Allotment to the Lord.
73. Allotment of residue.
74. The Rent-charges payable out of Allotments for the Labouring Poor to be allotted to persons entitled under the Inclosure.
75. Separate Allotments to be made in respect of separate Titles.
76. Several Allotments may by consent be laid together.
77. Cultivated Land and Buildings to be allotted to the Proprietor.
78. Regard to be had to the situation of Homesteads.
79. Allotments to be fenced.
80. Allotments may be made to Purchasers.
81. Allotments to be made to Representatives of party dying.
82. Old Inclosures may be allotted with consent.
CLAUSES 83 to 85.-Special provision for the case of Freemen and others entitled, not individually but as classes.
83. Allotments to Freemen and other classes of persons entitled to common rights.
84. Power to sell such Allotments.
85. Meeting of persons entitled for giving instructions to Valuer.
CLAUSES 86 to 88.-Powers of Partition and Exchange in the Inclosure.
86. Partitions may be made.
87. Costs of Partition.
CLAUSES 89 to 91.-Provide that the Allotment shall follow the Title of the Right for which it is made, except where Rack-rent Leases are avoided.
89. Wills and Settlements not to be affected.
90. Tenure of the Allotments.
91. Lease at Rack-rent may be avoided.
CLAUSES 92, 94.-Savings for Seignories and Mineral Rights where not expressly compensated.
92. Seignories not affected, except with consent.
93. Minerals under regulated Pastures may be reserved, while minerals under Lands to be held in severalty are relinquished.
94. Right to Minerals under Land inclosed existing distinct from the Property in the surface, and not compensated upon Inclosure, not affected.
CLAUSES 95 to 96.-Trees and protection of Fences.
95. Trees to be allotted with the Land.
CLAUSES 97 to 102.-Provisions for the Report of the Valuer of his Acts and Allotments, and for its revision by the Commissioners, and for the execution and approval by the Commissioners of the Award, and for its finality.
CLAUSES 103 to 108.-Provisions for the management of the Allotments awarded for the Labouring Poor.
103. Allotment Wardens.
104. Allotments how to be let.
105. Recovery of Gardens on non-payment of Rent.
106. Possession how to be recovered from Tenant holding over.
107. Rents of Allotment how to be applied.
108. Arrears of Rent how recovered.
CLAUSE 109.-A provision for remedying, within a limited time, certain errors in the Award.
109. Allotments may be subdivided by Supplemental Order.
CLAUSES 110 to 119.-Provisions for the regulation and enjoyment of common or stinted Pastures not divided or allotted in severalty.
110. Regulated Pastures may be set out.
111. Conversion into regulated Pasture to be deemed an Inclosure.
112. Rule of Rating to be established.
113. Property of the Soil of regulated Pastures.
114. Election of Field Reeves.
115. Duties of Field Reeves.
116. Provision for rateable increase or diminution of Rights.
117. Expenses to be raised by Rate.
118. Power to apply the Act to Pastures already stinted.
119. Expenses of application of Act to Pastures already stinted.
CLAUSES 120 to 139.-Power to make Surveys to raise Expenses and other special powers.
120. Power to enter Land for Surveys, &c.
121. Expenses of Inclosures.
122. Remedies in case of nonpayment of Expenses.
123. Power to make additional Rate.
124. Commissioners may remove Valuers.
125. Repayment to Consolidated Fund.
126. Persons attending meetings to pay their own Expenses.
128. Power to mortgage Allotments.
129. Power to sell parts of Allotments.
130. Sales of parts of Allotments how to be made.
131. Commissioners to receive and apply Purchase Money.
132. Application of Compensation Money of parties under disabilities.
133. Investment of surplus when 200 l. or upwards.
134. Payment of Dividends in the meanwhile.
135. Application of money under 200 l.
136. Under 20 l.
137. Sale of Land by Valuer for Expenses.
138. Conveyances to be made by Commissioners.
139. Application of Purchase Monies.
CLAUSE 140.-Power, under certain restrictions, to cause the Land to be sold instead of being allotted.
140. Power to sell instead of allotting Land.
CLAUSE 141.-Provision for Special Notice to Reversioners and others (whose consent is not in every case required) where the Commissioners see occasion. 141. Notice may be given to Reversioners.
CLAUSE 142.-The custody of the Award copies how to be furnished. 142. Copies of Award to be made and deposited.
CLAUSES 143 to 146.- Provide for Exchanges and Divisions of intermixed Land in cases where an Inclosure is not in progress.
143. Exchanges may be made of Land not subject to be inclosed.
144. Division of intermixed Lands.
145. inconvenient Allotments for the Poor and public purposes may be exchanged
146 Expenses of Exchanges and Divisions.
CLAUSES 147 to 150.-Remedies for defective Awards and completion of Inclosures left unfinished under former Act.
147. Commissioners may remedy defects and omissions of Awards under local Acts of Inclosure, or under 6 & 7 Will. 4, c. 115.
148. Commissioners may revive powers under Local Inclosure Acts lost by lapse of
time or otherwise.
149. Commissioners may appoint a person to complete proceedings in an imperfect Inclosure.
150. Commissioners may confirm Awards or Agreements made under supposed authority of 6 & 7 Will. 4, c. 115.
CLAUSES 151 to 158.-Recovery of Penalties and other usual Clauses.
151. Penalties and Forfeitures, how recoverable.
152. Distress, how to be made.
153. Distress not unlawful for informality.
154. Notices, how given.
155. Advertisements and Awards free of Duty.
156. Persons giving false evidence, &c. guilty of a Misdemeanor.
157. Limitation of Actions.