17 & 18 Vict. c. 97, ss. 15-17. [Explained by 20 & 21 Vict. 45 Vict. c. 15, post.] c. 31, and see Application of for common rights paid under 8 & 9 Vict. c. 18. INCLOSURE OF LAND ACT, 1854. 17 & 18 VICT. c. 97. An Act to amend and extend the Acts for the Inclosure, Exchange, and Improvement of Land. [10th August, 1854.] WHEREAS it is expedient that "The Acts for the Inclosure, Exchange, and Improvement of Land" should be amended and further extended: 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: 15. Where any money shall have been or may hereafter be paid compensation to a committee under "The Lands Clauses Consolidation Act, 1845," or under any railway or other special Act by which money may have been directed or authorised to be paid to a committee as compensation for the extinction of commonable or other rights, or for lands, being common lands or in the nature thereof, the right to the soil of which may have belonged to the commoners, and the majority of such committee shall be of opinion that the provisions of such Act for the apportionment thereof cannot be satisfactorily carried into effect, such majority may make application in writing to the commissioners to call a meeting of the persons interested in such compensation money, to determine whether or not such compensation money shall be apportioned under the provisions of this Act. Money to be paid into Bank of Interests to be sioners. 16. If the majority in number and interest shall resolve that such compensation money shall be apportioned, the amount of such compensation money shall be forthwith paid into the Bank of England, to the credit of an account to be named by the Inclosure Commissioners for England and Wales; and the said committee shall be absolutely discharged from all liability in respect of such compensation money, upon payment thereof into the Bank of England as herein before directed. 17. As soon as the said monies shall have been paid into the bank as aforesaid, the said Inclosure Commissioners, or any assistant commissioners appointed or to be appointed by them for that purpose, shall proceed to ascertain, determine, and award the names of the parties who were entitled to such estates, rights, and interests in the said common and commonable lands, and the amount or value of their respective shares, rights, and interests therein, and the proportionate amount of the price so to be paid as aforesaid for such estates, rights, and interests to which each party so entitled as aforesaid is entitled, in respect of his share, right, or interest as aforesaid; and the award of the commissioners under their common seal, or assistant commissioner in writing under his hand and seal, shall be binding on all parties claiming such estates, rights, and interests, as aforesaid; and for the purpose of ascertaining the rights and interests of such parties as aforesaid it shall be lawful for the said Inclosure Commissioners or assistant commissioner to call such meetings as they or he shall think fit of all persons having or claiming any such rights or interests in the said common and commonable lands as aforesaid, at such time and place as the said commissioners or assistant commissioner shall think fit, so as the same shall be appointed by a public notice thereof in writing to be affixed at least twelve days before such meeting on the principal outer door of the parish church in which such land or any part is situate; and to be inserted in one of the public newspapers published or generally circulated in the county in which such land is situate; and at such meeting the said commissioners or assistant commissioner do and shall proceed to examine into and ascertain all and every the claims which shall be made or put forward in respect of any such rights or interests as aforesaid, and the relative and proportionate value of the estates, rights, and interests of any person or persons claiming to be entitled thereto, and for that purpose do and may employ any valuer or surveyor, and call for and receive such records, deeds, and writings, and such other proof or evidence, as the said commissioners or assistant commissioner may think fit; and they and he are and is hereby authorised and required to take the testimony of any witnesses upon oath (which oath they and he are and is respectively hereby empowered to administer), or to take the affirmation of such witnesses in cases where affirmation is allowed by law instead of oath. 17 & 18 Vict. c. 97, ss. 18, 19. payment of 18. All the costs and expenses of the said Inclosure Commis- As to the sioners and assistant commissioner, and of any valuer or surveyor costs of inemployed by them or him under the provisions herein before con- closure comtained, shall, in the first place, be paid out of such compensation missioners, monies, and the residue of the said monies shall be paid and divided and as to the between and amongst the said several parties to be named in the monies. said award, and in the shares and proportions to be ascertained and set forth in such award. residue of interests to 19. When it shall appear to the commissioners or assistant com- Compensation missioner that any of the parties entitled to such rights or for limited interests are only entitled thereto for a limited interest, then it be paid to shall be lawful for them or him, by their or his award, to direct trustees. that the monies to be paid in respect of such right or interest, where the same shall exceed twenty pounds, shall be paid to the trustees acting under the will, conveyance, or settlement under 17 & 18 Vict. c. 97, s. 20. As to sums payable in respect of lands not which such person having such limited interest shall be interested in such rights or interests, and where there are no trustees then into the hands of trustees to be appointed under the hands and seal of the commissioners, to be held by them on trusts similar to the uses or trusts to which such rights or interests had been immediately before the payment of such monies into the bank subject to, or as near thereto as the said commissioners or assistant commissioner can ascertain; and the receipts of any trustees to whom any such monies shall be paid as aforesaid shall be good and sufficient discharges for the same: Provided always, that the payment of all such sums shall from time to time be subject to such rules and regulations, for the purpose of ensuring the payment thereof to the person or persons duly entitled to receive the same, as the said commissioners shall by any order direct. 20. In all cases where the sum payable by virtue of such award, in respect of any estate, right, or interest, shall not exceed twenty pounds, and the person entitled to such estate, right, or interest exceeding 207. shall be under any disability or incapacity, such sum shall and may be paid to the guardian, committee, or husband of such person; and where any such person shall have a limited interest only in such estate, right, or interest, the whole of such sum shall and may, nevertheless, be paid to the person having such limited interest, to his or her guardian, committee, or husband, as the case may be. 18 & 19 Vict. c. 122, s. 6. By the Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122, s. 6), there are exempted from the provisions of Part I. of that Act, relating to the regulation and supervision of buildings, "the buildings belonging to any canal, dock, or railway company, and used for the purposes of such canal, dock, or railway under the provisions of any Act of Parliament." THE INCLOSURE ACTS AMENDMENT 20 & 21 VICT. c. 31. An Act to amend and explain the Inclosure Acts. 20 & 21 Vict. [10th August, 1857.] c. 31, s. 4. companies. 4. For the purpose of removing all doubts as to the power of Exchanges of companies incorporated by special Act of Parliament for the making land by railand maintaining of any railway, canal, docks, harbour, waterworks, way and other or other work, to exchange land belonging to such companies under the provisions of the said Acts, be it declared and enacted, that every such company shall be deemed to be a person interested within the meaning of "The Acts for the Inclosure, Exchange, and Improvement of Land," for the purpose of exchanging land belonging to the said company, and that notwithstanding the provisions in any Act of Parliament relating to such company specially limiting the purposes to which such land belonging to the said company shall be applicable. 6. 75, s. 1. CHEAP TRAINS ACT AMENDMENT 21 & 22 VICT. c. 75. 21 & 22 Vict. An Act to amend the Law relating to Cheap Trains, and to restrain the Exercise of certain Powers by Canal Companies being also Railway Companies. 7 & 8 Vict. c. 85. 8 & 9 Vict. c. 42. For fractions under one mile one penny may be charged, and for fractions halfpenny charged. [2nd August, 1858.] WHEREAS by the Act passed in the session of parliament held in the seventh and eighth years of the reign of her present Majesty, chapter eighty-five, section six, it is enacted, amongst other things, with respect to the cheap trains thereby required to be provided in certain cases, that the fare or charge for each third-class passenger by any such train shall not exceed one penny for each mile travelled And whereas it is expedient to amend the said Act in manner hereinafter mentioned: And whereas it is also expedient to amend the Act passed in the ninth year of the reign of her present Majesty, chapter forty-two, intituled "An Act to enable Canal Companies to become Carriers of Goods upon their Canals," by restraining as hereinafter mentioned the exercise of certain powers therein contained: 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. When the distance travelled by any third-class passenger by any train run in compliance with the provisions relating to cheap trains contained in the said Act of the seventh and eighth of Victoria, chapter eighty-five, is a portion of a mile, and, does not amount to one mile, the fare for such portion of a mile, may be one penny, or when such distance amounts to one mile, or two or more miles, and a portion of another mile, the fare or charge for such portion of a mile, if the same amounts to or exceeds one half mile, may be one halfpenny: Provided always, that for children of three years and upwards, but under twelve years of age, the fare or charge shall not exceed half the charge for an adult passenger. This section is repealed except as to Ireland by 46 & 47 Vict. c. 34. |