5 may from time to time send to one of the Principal Secretaries of State such special reports in relation to all or any of the matters aforesaid as they may think fit. 4. Power to appoint and remove As sistant Com. missioners, And be it Enacted, That it shall be lawful for the Commissioners from time to time to appoint a sufficient number of persons to be Assistant Commissioners, and also a Secretary, and such Clerks, Messengers and officers as they shall deem necessary, and to remove such &c. Assistant Commissioners, Secretary, Clerks, Messengers and officers, or any of them; and on any vacancy in any of the said offices, to 10 appoint some other person to the vacant office, and the persons so appointed shall assist in carrying this Act into execution, at such places and in such manner as the Commissioners may direct: Provided always, That no such appointment shall be made by the Commissioners unless the Lord High Treasurer or any Three or more of 15 the Commissioners of Her Majesty's Treasury shall in the case of each such appointment consent thereto. And be it Enacted, That no Commissioner or Assistant Commissioner, Secretary or other officer, or person so to be appointed, shall hold his office for a longer period than Five Years next after the day 20 of the passing of this Act, and thenceforth until the end of the then next Session of Parliament; and after the expiration of the said period of Five Years and of the then next Session of Parliament, so much of this Act as authorizes any such appointment shall cease. And be it Enacted, That it shall be lawful for the Lord High Trea25 surer or Commissioners of Her Majesty's Treasury to direct a salary, not exceeding One thousand Five hundred Pounds by the year, to be paid to one of the Commissioners for the time being appointed under this Act, but, except as aforesaid, no salaries shall be paid to the Commissioners in respect of their appointments under this Act, and 30 the allowances to the Assistant Commissioners, and the salaries of the Secretary, Clerks, Messengers and other officers to be appointed under this Act, shall be from time to time regulated by the Lord High Treasurer or the Commissioners of Her Majesty's Treasury, or any Three of them: Provided always, That the allowance to an Assis35 tant Commissioner shall not exceed the sum of Three Pounds Three Shillings for every day he shall be actually employed or travelling in the performance of the duties of his office: Provided also, That the said Lord High Treasurer or Commissioners may allow to any Commissioner, Assistant Commissioner, Secretary, Clerk, Messenger or other 40 officer, such reasonable travelling and other expenses as may be incurred by him in the performance of his duties under this Act, in addition to his salary or allowance (if any) respectively. 5. ments under Appoint this Act limited to Five Years. 6. Salaries and Allowances. CLAUSE (A.) Allowances and Salaries to be paid out of the Conso liadted Fund. 8. Commis sioners and Assistant Commis sioners to make a Declaration. 9. Documents of the Tithe Commissioners may be used. Power to summon Witnesses. And be it Enacted, That the allowances and salaries of such Commissioner, Assistant Commissioners, Secretary, Clerks, Messengers and officers as aforesaid, and all other incidental expenses of carrying this Act into execution not herein otherwise provided for, shall be paid by the Lord Treasurer, or the Commissioners of Her Majesty's Treasury, out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland. 5 And be it Enacted, That every Commissioner shall, before he shall enter upon the execution of his office, make the following declaration before one of the Judges of Her Majesty's Court of Queen's 10 Bench or Common Pleas, or one of the Barons of the Court of Exchequer; (that is to say) " I, do solemnly declare that I will faithfully, impartially and honestly, according to the best of my skill and judgment, execute the powers and duties of a Commissioner, under an Act 15 passed in the year of the reign of Queen VICTORIA, intituled, [here set forth the title of this Act]:" And every Assistant Commissioner shall, before he shall enter And be it Enacted, That all awards, apportionments, agreements, 30 writings and maps in the custody of the Tithe Commissioners for England and Wales shall be open to the use and inspection of the Inclosure Commissioners for England and Wales, or any person by them authorized, and such copies of or extracts from such awards, apportionments, agreements, writings and maps as the Commissioners 35 shall require, shall be furnished to them for the purposes of this Act; and that the Commissioners or any Assistant Commissioner, may, by summons under the seal of the Commission, or under the hands of such Assistant Commissioner, require the attendance of all such persons as they or he may think fit to examine upon any matter re- 40 lating to any Inclosure or proposed Inclosure, or other proceeding under the authority of this Act; and also make any inquiries and call for any answer or return as to any such matter; and also administer or receive declarations, and examine all such persons upon declaration, declaration, and cause to be produced before them or him, upon declaration, all court-rolls and all rate-books, instruments of tithe apportionment and other public writings, maps, plans and surveys of or belonging to any parish, or copies thereof respectively in anywise 5 relating to any such matter; and the Commissioners may, when they shall think fit, by summons, under the seal of the Commission, require the attendance before any Valuer, acting in the matter of an Inclosure under this Act, of all such persons as the Valuer may certify to the Commissioners as persons whose testimony may be 10 necessary for the matter of such Inclosure, and cause to be produced before such Valuer, upon declaration, all such court-rolls, rate-books, public writings, maps, plans and surveys, or copies thereof, as aforesaid, and every Valuer acting in the matter of an Inclosure under this Act may also administer or receive declarations, and examine upon decla15 ration, all such persons as shall attend before him under such summons of the Commissioners, and all such persons as may voluntarily attend before him as witnesses in such matter: Provided always, That no such person shall be required to attend in obedience to any such summons, unless the reasonable charges of his attendance shall have 20 been paid or tendered to him; and no such person shall be required in any case, in obedience to any such summons, to travel more than Ten Miles from the place of his abode. 25 30 35 40 And be it Enacted, That the Commissioners may delegate to the Assistant Commissioners, or to any One or more of them, such of the powers hereby given to the Commissioners as the Commissioners shall think fit (except the power to confirm awards, or to do any act herein required to be done under the seal of the Commissioners), and the power so delegated shall be exercised under such regulations as the Commissioners shall direct; and the Commissioners may at any time recall or alter all or any of the powers delegated as aforesaid, and, notwithstanding the delegation thereof, may act as if no such delegation had been made; and all acts done by any such Assistant Commissioner in pursuance of such delegated power shall be obeyed by all persons as if they had proceeded from the Commissioners, and the non-observance thereof shall be punishable in like manner. And be it Enacted, That all such Lands as are hereinafter mentioned; (that is to say) all Lands subject to any rights of Common whatsoever, and whether such rights may be exercised or enjoyed at all times, or may be exercised or enjoyed only during limited times, seasons or periods, or be subject to any suspension or restriction whatsoever in respect of the time of the enjoyment thereof, all gated and stinted Pastures in which the property of the soil or of some part thereof is in the owners of the cattle-gates or other gates or stints, or any of them, and also all gated and stinted Pastures in 491. 12. Wastes of Manors and to indefinite common rights at all times not to be inclosed without pre of Parliament. 5 which no part of the property of the soil is in the owners of the cattle- Provided always, and be it Enacted, That no Waste Land of any 15 Lands subject Manor on which the tenants of such manor have rights of common, nor any Land whatsoever subject to rights of common which may be exercised at all times of every year for cattle levant and couchant upon other Land, or to any rights of common which may be exercised at all viousdirection times of every year, and which shall not be limited by number or stints, 20 shall be inclosed under this Act without the previous authority of Parliament in each particular case, as hereinafter provided; and no Royal Forest, nor any part thereof, shall be deemed Land subject to be inclosed under this Act: Provided also, That neither this Act, nor any thing which may be done under or by virtue thereof, shall autho- 25 rize to be made, or legalize where made, any embankment, erection or encroachment which may have been for any period whatever or which may hereafter be made without the consent of the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland in or upon the shore of any 30 harbour, or the bank of any navigable river, so far as the tide flows up the same, or shall give to or confer upon any person whatsoever any right, title, estate or interest whatsoever in any lands or soil whereon the tide of the sea flows and re-flows. 13. Land within certain distances of large towns not to be inclosed without the previous direction of Parliament. Provided also, and be it Enacted, That no Land situate within Fifteen 35 Miles of the city of London or within Two Miles of any city or town of Ten thousand inhabitants, or within Two Miles and a Half of any city or town of Twenty thousand inhabitants, or within Three Miles of any city or town of Thirty thousand inhabitants, or within Three Miles and a Half of any city or town of Seventy thousand inhabitants, 40 or within Four Miles of any city or town of One hundred thousand inhabitants, shall be subject to be inclosed under the provisions of this Act, without the previous authority of Parliament in each particular case, as hereinafter provided, and in all such cases the number of inhabitants shall be ascertained by the then last Parliamentary Census thereof, thereof, and that the distance shall be measured in a direct line from the town-hall, if there shall be any town-hall, or if there shall be no town-hall, then from the cathedral or church if there shall be only one church, or if there shall be more churches than one, then from the 5 principal market-place of any such city or town. And be it Enacted, That no town green or village green shall be subject to be inclosed under this Act, provided that in every case in which an inclosure of Lands in the parish in which such town green or village green may be situate shall be made under the 10 authority of this Act, it shall be lawful for the Commissioners, instead of requiring that other Land be allotted for the purposes of exercise and recreation under the provisions hereinafter contained, to direct that such town green or village green, provided such green be of equal or grete r extent, be allotted to the Churchwardens and Overseers of the 15 Poor of such parish, in trust to allow the same to be used for the purposes of exercise and recreation, and the same shall be allotted and awarded accordingly, in like manner and with the like provisions for making or maintaining the fences thereof, and preserving the surface thereof, and draining and levelling the same where occasion 20 shall require as hereinafter directed, concerning the allotments to be made for the purpose of exercise and recreation; and in every case in which such town green or village green shall adjoin Land subject to be inclosed under this Act, and shall not be separated from such Land by fences or known bounds, the Commissioners shall in the provisional 25 order concerning such Inclosure set out a boundary line between such green and the adjoining Land, and shall in their annual general report mention and describe such boundary. 35 And be it Enacted, That for the purposes of this Act, the persons interested in Land subject to be inclosed under this Act, or otherwise 30 subject or to become subject to the provisions of this Act, shall be deemed to be the persons hereinafter mentioned, and no others; (that is to say) the persons who shall be in the actual possession or enjoyment or receipt of the rents and profits of any such Land or any part thereof, or any Common or common right thereon, or any Manor of which such Land or any part thereof shall be waste, (except any tenant for life or lives or for years holding under a lease or agreement for a lease on which a rent of not less than Two-thirds of the clear yearly value of the premises comprised therein shall have been reserved, and except any tenant for years whatsoever holding under a lease or 40 agreement for a lease for a term which shall not have exceeded Fourteen Years from the commencement thereof, and except any tenant from year to year at will or sufferance,) and that without regard to the real amount of interest of such persons; and in every case in which any such Land, Common or common right or Manor shall have 14. Village greens not to be inclosed, but provision may be made for preserving the surface and fixing boun daries. 15. Persons interested in Lands for purposes of applications, &c. |