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CAP. 42.

9. This Act shall not come into operation until the 43 & 44 VICT. first day of January one thousand eight hundred and eighty-one, which date is in this Act referred to as the commencement of this Act.

Commencemert of

10. This Act may be cited as the Employers' Act. Liability Act, 1880, and shall continue in force till Short title. the thirty-first day of December one thousand eight hundred and eighty-seven, and to the end of the then next Session of Parliament, and no longer, unless Parliament shall otherwise determine, and all actions commenced under this Act before that period shall be continued as if the said Act had not expired.

Provision

and Kilmacsimon

RELIEF OF DISTRESS (IRELAND) AMENDMENT
ACT, 1880.

43 & 44 Vict. Cap. 44. An Act to explain and amend Sections Seven, Thirteen, and Fourteen of the Relief of Distress (Ireland) Amendment Act, 1880.

[7th September, 1880.]

4. Notwithstanding anything contained in the Relief relating to of Distress (Ireland) Amendment Act, 1880, loans the Bandon under the Thirteenth and following Sections of the said Act may be made to the railway or tramway from Bandon to Kilmacsimon, and tramway from Ahada to Cloyne, and Cloyne to Ballycotton, in the County of Cork, and to the Limavidy and Dungiven Railway, in the County of Londonderry, and the railway from Ballywilliam to New Ross, in the County of Wexford.

railway or
tramway.
43 & 44 Vict.

c. 14,

COMMONABLE RIGHTS ACT, 1882.

45 Vict. Cap. 15. An Act to provide for the better application of Moneys paid by way of Compensation for the compulsory acquisition of Common Lands and extinguishment of Rights of Common.

[19th June, 1882.]

WHEREAS under the provisions of the Lands Clauses 8 & 9 Vict. Consolidation Act, 1845, and of railway and other c. 18. special Acts of Parliament, money is directed or authorised to be paid to a committee as compensation for the extinction of commonable rights or for lands, being common lands or in the nature thereof, the right to the soil of which belongs to the commoners:

17 & 18 Vict.

c. 97.

And by the Lands Clauses Consolidation Act, 1845, 15 & 16 Vict. and by the Inclosure Act, 1852, and the Inclosure Act, c.79. 1854, certain powers of apportioning and otherwise dealing with such money are conferred upon any such committee and upon the Inclosure Commissioners for England and Wales (hereinafter called the Commissioners), but such powers are found in practice to be insufficient, and money paid by way of compensation as aforesaid is often in consequence useless to the persons interested therein :

And whereas it is expedient to give such powers of dealing with such compensation money as are hereinafter specified, but such powers cannot be conferred without the sanction of Parliament:

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 of the same, as follows:

1. This Act may be cited as the "Commonable Rights Short title. Compensation Act, 1882."

sation

lands.

2. (1.) With respect to any money which has been Application or hereafter may be paid by any railway or other public of compen. company or corporate body or otherwise under the pro- money for visions of the Lands Clauses Act and any Act incorpo- common rated therewith, or of any other Act of Parliament to a committee of commoners as compensation for the extinguishment of commonable or other rights, or for lands being common lands or in the nature thereof the

45 VICT. CAP. 15.

8 & 9 Vict. c. 118., &c.

the right to the soil of which may belong to the com-
moners, the committee (or a majority in number
thereof) or, after the expiration of twelve months from
the payment of such money to the committee, any
three of the persons claiming to be interested in such
money may make application in writing to the Com-
missioners to call a meeting of the persons interested in
such money to consider the application thereof, and the
Commissioners shall call a meeting accordingly, and at
such meeting the majority in number and the majority
in respect of interest of the persons present may decide
by resolution that such money shall be applied and
laid out in one or more of the following ways:
(a.) In the improvement of the remainder of the
common land in respect of a portion of which
such money has been paid;

(b.) In defraying the expense of any proceedings
under the Metropolitan Commons Acts or
under the Inclosure Acts, 1845 to 1878, with
reference to a scheme for the local manage-
ment, or a Provisional Order for the regu-
lation of such common land, or of any appli-
cation to Parliament for a Private Bill or
otherwise for the preservation and manage-
ment of such common land as an open space;
(c.) In defraying the expense of any legal proceed-
ings for the protection of such common land,
or the commoners' rights over the same;
(d.) In the purchase of additional land to be used as
common land;

(e.) In the purchase of land to be used as a recrea-
tion ground for the neighbourhood;

and any such resolution shall bind the minority and all absent parties, and the Commissioners shall make an order under their seal for the payment to them of any expenses incurred by them in relation to the matter, and (subject to such payment) for the application of the money according to such resolution, and the committee or the persons in whose names such money stands or is invested, or the survivors or survivor in account of such persons, or the legal personal representative of such survivor, shall, upon the service of any such order of the Commissioners as aforesaid upon them or any of them or any person on their behalf as the Commissioners may direct, pay and apply the said money or realise any security in which the same is invested, and pay and apply the proceeds thereof in manner directed by the said order.

(2.) Any land so purchased as aforesaid for use as common land shall be conveyed to and vest in trustees upon trusts for the persons interested, such trustees to be appointed, and such trusts, and the powers and duties of the trustees, and provisions for the appointment of new trustees from time to time to be declared and provided by an order under the seal of the Commissioners, pursuant to resolutions to be passed at a special meeting of the persons interested, convened by the said Commissioners by such majorities as aforesaid.

(3.) Every appointment of a new trustee or of new trustees, in pursuance of this Act, shall be subject to confirmation by the Commissioners under their seal, and upon such confirmation the land shall vest in the remaining and the newly appointed trustees without any conveyance.

(4.) The Commissioners shall publish such notice of any meeting held under this Act, and frame such rules and give such directions for the conduct of such meetings and the service of orders made by them under this Act as they may deem fit, and may, if they think fit, direct an assistant commissioner appointed by them to preside at any such meeting, and any such meeting may be adjourned from time to time.

(5.) Any land so purchased as aforesaid for use as recreation ground shall be conveyed to and vest in the local authority as specified in the schedule to this Act for the district within which such land is situate, and shall be held and managed by such local authority, subject to and in accordance with the provisions relating to recreation grounds respectively contained in the Inclosure Acts, 1845 to 1878.

45 VICT.

CAP. 15.

of compen

recreation

3. Any moneys heretofore paid or hereafter to be Application paid by any railway or other public company or body sation corporate or otherwise under the provisions of the Lands money for Clauses Act, 1845, and any Act incorporated therewith, grounds or of any other Act of Parliament, to any local autho- and field rity as specified in the schedule to this Act, or to the gardens. churchwardens and overseers of a parish in respect of any recreation ground or allotment for field gardens taken under the powers of any such Act or Acts of Parliament shall be applied in manner provided by the Inclosure Acts, 1845 to 1878, as amended by the Com- 42 & 43 Vict. mons Act, 1879, with respect to the surplus rents arising from recreation grounds and field gardens respectively.

o. 37.

4. In any case where money paid by way of com- Provision 45 VICT. c. 15. iii.

for cases

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