THE COMMONABLE RIGHTS COMPENSA- 45 VICT. c. 15. ss. 1, 2. An Act to provide for the better application of Moneys paid 45 Vict. c. 15, 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 Consolida- 8 & 9 Vict. tion Act, 1845, and of railway and other special Acts of Parlia- c. 18. ment, 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: c. 97. And by the Lands Clauses Consolidation Act, 1845, and by the 15 & 16 Vict. Inclosure Act, 1852, and the Inclosure Act, 1854, certain powers c. 79. 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 Compen- Short title. sation Act, 1882. tion money 2.-(1.) With respect to any money which has been or here- Application after may be paid by any railway or other public company or of compensacorporate body or otherwise under the provisions of the Lands for common Clauses Act and any Act incorporated therewith, or of any other lands. Act of Parliament to a committee of commoners as compensation for the extinguishment of commonable or other rights or for lands s. 2. 45 Vict. c. 15, being common lands or in the nature thereof the right to the soil of which may belong to the commoners, 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 commissioners 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 8 & 9 Vict. c. 118, &c. (a.) In the improvement of the remainder of the common land (d.) In the purchase of additional land to be used as common land; (e.) In the purchase of land to be used as a recreation 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 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. ss. 3-5. (3.) Every appointment of a new trustee or of new trustees, in 45 Vict. o. 15, 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. tion money 3. Any moneys heretofore paid or hereafter to be paid by any Application railway or other public company or body corporate or otherwise of compensaunder the provisions of the Lands Clauses Act, 1845, and any Act for recreation incorporated therewith, or of any other Act of Parliament, to any grounds and local authority as specified in the schedule to this Act, or to the field 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 42 & 43 Vict. Commons Act, 1879, with respect to the surplus rents arising from c. 37. recreation grounds and field gardens respectively. any 4. In any case where money paid by way of compensation as Provision for aforesaid has, before the passing of this Act, been applied in cases where money paid one or more of the ways authorised by this Act, a resolution may by way of be passed, at any meeting of the persons interested, called by compensation the commissioners in manner provided by this Act, by such has already been applied majorities as aforesaid approving of such application, and such in the manner application shall, upon the allowance of such resolution by the authorised by commissioners under their seal, be deemed to have been lawfully this Act. made under the provisions of this Act; and the committee or other persons by whom such money has been so applied shall thereupon be discharged from all liability in respect of such money so applied. And the provisions in this Act contained with respect to the declaration of trusts, and the powers and duties of trustees, and the appointment of new trustees, from time to time, shall apply in every case in which such money has, before the passing of this Act, been laid out in the purchase of land. 5. Copies of all orders made by the commissioners under this Deposit of Act shall be deposited and kept in like manner as copies of an orders. 45 Vict. c. 15, award are by the Inclosure Act, 1845, directed to be deposited and s. 6. Exception of the New Forest. THE CHEAP TRAINS ACT, 1883. 46 & 47 VICT. c. 34. c. 34, ss. 1-3. An Act to amend the Law relating to Railway Passenger Duty, 46 & 47 Vict. and to amend and consolidate the Law relating to the conveyance of the Queen's Forces by Railway. [20th August, 1883.] 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 Cheap Trains Act, 1883. Short title. duty for cheap trains, 2. After the commencement of this Act the duties now payable Abolition of in respect of passengers conveyed for hire on a railway shall, passenger subject to the provisions of this Act, be varied as follows: (1.) Fares not exceeding the rate of one penny a mile shall be and reduction exempt from duty; but fares for return or periodical tickets shall be exempt from duty only where the ordinary fare for the single journey does not exceed that rate. (2.) Duty shall be payable at the rate of two per cent. on fares exceeding the rate of one penny a mile for conveyance between railway stations within one urban district certified so to be in manner provided in this section. (3.) Where the Board of Trade are satisfied that any two or more railway stations are within an area which has a continuous urban as distinguished from a rural or suburban character, and contains a population of not less than one hundred thousand inhabitants, the Board of Trade may certify that those stations are within one urban district for the purposes of this Act. The Board of Trade may from time to time and at any time rescind or vary any certificate given by them under this section. on urban traffic. 3.-(1.) If at any time the Board of Trade have reason to Provision for believe proper thirdclass accom (a.) That upon any railway or part of a railway, or upon any modation and line or system of railways, whether belonging to one workmen's trains. |