and House of

Correction,

also of providing, erecting, or maintaining any Pauper Lunatic Asylum for the County in which the same Borough is situate, 'and of maintaining the Pauper Lunatics chargeable thereto :' 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, That from and after the passing of this Boroughs Act no Borough to which a separate Court of Quarter Sessions of having or prothe Peace hath or shall have been granted under the Provisions viding a Gaol of the said firstly-recited Act, and which shall possess or provide, Correction not or shall have commenced and shall be bonâ fide proceeding with to be liable to the Construction of a sufficient Gaol and House of Correction to contribute to a the Satisfaction of One of Her Majesty's Principal Secretaries of County Gaol State for the Custody and Correction of Persons committing and House of Offences within such Borough, shall, under the Provisions of the except in a cersaid first-recited Act or otherwise, be charged with or liable to tain Manner. pay or contribute any Costs, Charges, or Expenses to be incurred by any County in which such Borough shall be wholly or partly situate, in purchasing or providing a Site for or erecting or completing or maintaining any new Gaol or House of Correction for such County, except only that in calculating the Monies which any Borough shall be liable to pay or contribute under the Provisions of the said firstly-recited Act on account of any Costs arising out of the Prosecution, Maintenance, and Punishment, Conveyance and Transport, of any Offenders committed for Trial to the Assizes in such County from the same Borough, or, under the Provisions of the said Act for the Amendment of the Laws concerning Prisons, on account of the Expenses incurred in the Conveyance, Transport, Maintenance, safe Custody, and Care of any Persons committed for Offences arising within such Borough, and sent to any Prison of the County in which such Borough is situate, it shall be lawful for the Parties or Party making such Calculation to include therein such Proportion of any Monies which shall be paid by the County out of the County Rate, or out of any Monies received in aid of the County Rate (Monies borrowed by the County not being considered as Monies received in aid of the County Rate), on account of the Purchase or the providing of a Site for, or Erection, Completion, or Maintenance of such Gaol or House of Correction, or on account of the Principal or Interest of any Monies which shall have been borrowed by the County for such Purposes, or any of them, as the Number of Borough Prisoners which shall have been in Custody in any Gaol or House of Correction belonging to the said County during the Period for which such Calculation shall be made shall bear to the whole Number of Prisoners during the same Time confined in all the Gaols and Houses of Correction belonging to the said County; provided that nothing in this Act contained shall extend to exempt any such Borough from contributing its Proportion of any Expense heretofore incurred, for any of the Purposes aforesaid, by any County in which such Borough shall be situate as aforesaid, but every such Borough shall remain liable to and pay such Proportion thereof as it would have been chargeable with in case this Act had not passed; provided also, that no such Borough shall be entitled to or be allowed Credit for any Share or Proportion

Boroughs having or providing a Lunatic Asylum not to be liable to

contribute to

Proportion of any Monies to arise or be produced from the Sale of any old or unnecessary Gaol or House of Correction belonging to such County, or of the Site thereof, anything in the said firstly-recited Act or any other Act contained notwithstanding.

II. And be it enacted, That from and after the passing of this Act no such Borough as aforesaid which shall possess or provide, or shall have commenced and shall be bona fide proceeding with the Construction of a sufficient Asylum to the Satisfaction of One of Her Majesty's Principal Secretaries of State for the Reception County Asylum. or Care of the Pauper Lunatics in such Borough, in pursuance of the said Act for amending the Laws for the Provision and Regulation of Lunatic Asylums for Counties and Boroughs, and for the Maintenance and Care of Pauper Lunatics in England, shall be liable to pay or contribute to the Payment of any Costs, Charges, or Expenses incident to the future or subsequent Purchase, Erection, fitting up, or Maintenance of any new Lunatic Asylum by the County in which such Borough is situate, or to the Payment of any Costs, Charges, or Expenses which may be incurred after such Asylum shall be actually opened for the Reception or Care of the Pauper Lunatics in such Borough, for maintaining any Pauper Lunatics chargeable to such County.

Providing for Cases where Settlement of Pauper Lunatics is unknown.

Interpretation of Act.

Extent of Act.

III. Provided always, and be it enacted, That when any Pauper Lunatic shall, in pursuance of the Provisions of the said in part recited Act of the Eighth and Ninth Years of the Reign of Her present Majesty, be confined within a Lunatic Asylum belonging to any Borough, or within any House duly licensed, or any Hospital registered for the Reception of Lunatics within such Borough, or shall be found wandering within the Limits of such Borough, and it cannot be ascertained in what Parish such Pauper Lunatic is settled, it shall not be lawful for any Justice to adjudge such Pauper Lunatic to be chargeable to the County in which such Borough is situated, nor to make any Order upon the Treasurer of such County for the Payment of any Expenses whatsoever incurred or to be incurred in respect of the said Lunatic; and all the Clauses and Provisions in the said last in part recited Act as to the Mode of determining that a Pauper Lunatic is chargeable to a County, and as to the Order to be made for the Maintenance of such Pauper Lunatic, shall extend and be applied to such Borough, as fully and effectually to all Intents and Purposes as if all the said Clauses and Provisions were repeated and reenacted in this Act and made applicable to such Borough, in the same Manner in all respects as though for the Purposes of this Provision such Borough were a separate and distinct County.

IV. And be it enacted, That throughout this Act, where there shall be nothing in the Subject or Context repugnant to such Construction, Words importing the Singular Number shall include the Plural Number, and vice versa; and the Word "Prison " shall include Gaol and House of Correction.

V. And be it enacted, That this Act shall extend only to England and Wales,

САР.

CA P. LXXXIII.

An Act further to facilitate the Inclosure of Commons, and the Improvement of Commons and other Lands.

W

[1st August 1849.]

HEREAS an Act was passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled An Act to facilitate the Inclosure 8&9 Vict. and Improvement of Commons and Lands held in common, the c. 118. Exchange of Lands, and the Division of intermixed Lands, to provide Remedies for defective or incomplete Executions and for the Non-execution of the Powers of general and local In. 'closure Acts, and to provide for the Revival of such Powers * in certain Cases: And whereas an Act was passed in the Ses'sion of Parliament holden in the Ninth and Tenth Years of Her

⚫ present Majesty, intituled An Act to amend the Act to faci- 9 & 10 Vict.

litate the Inclosure and Improvement of Commons: And c. 70.

whereas an Act was passed in the Session of Parliament

holden in the Tenth and Eleventh Years of Her present

Majesty, intituled An Act to extend the Provisions of the Act 10 & 11 Vict.

for the Inclosure and Improvement of Commons: And whereas c.111.

an Act was passed in the Session of Parliament holden in the

⚫ Eleventh and Twelfth Years of Her present Majesty, intituled

c. 99.

New Boundaries of Parishes may be set out.

An Act to further extend the Provisions of the Act for the 11 & 12 Vict. 'Inclosure and Improvement of Commons: And whereas it is expedient that the Provisions of the said Acts should be 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, That it shall be lawful for the Valuer in the Matter of any Inclosure, with the Approbation of the Inclosure Commissioners for England and Wales, to declare by his Award how much and which Part of any of the Lands to be allotted, divided, or dealt with by such Award, or of any Roads passing over or through the same or any Part thereof, shall be and be deemed to be situate in any Parish or Parishes in which any of the Land so to be divided, allotted, or dealt with shall be situate; and after the Date of the Confirmation of such Award so much and such Part of such Lands and Roads shall be and be deemed Part of the Parish or Parishes in which such Award shall declare them to be situate: Provided always, that no such Declarations as aforesaid shall be made in any Award where it shall appear to the said Inclosure Commissioners that there is any Dispute or Difference as to the Parish or Parishes in which such Land or Road, or any Part thereof respectively, to be dealt with by such Declaration, is situated: Provided also, that no Award containing such Declaration as aforesaid shall be confirmed by the Inclosure Commissioners, where it shall appear to them that the Boundaries of any Counties would be affected by such Declaration, until Notice in Writing under the Hand of the Valuer of his Intention to insert the same in his Award shall have been served upon the respective Clerks of the Peace of the Counties, the Boundaries of which may be affected by such Declaration, or shall have been left at their respective Offices 12 & 13 VICT.

A a

of

Persons having Rights of Common may be dealt with as a Class.

Class.

Meetings for
Instructions.

of Business; and if within the Space of Fourteen Days after the holding of the next General Quarter Sessions for each of such Counties, or of the last of such respective Sessions, a Requisition in Writing under the Hand of the Clerk of the Peace of either of such Counties, and countersigned by the Chairman who shall have presided at such Quarter Sessions as aforesaid holden for the same County, requiring the Omission of such Declaration from such Award, shall be sent to the Inclosure Commissioners, such Commissioners shall not confirm such Award with such Declaration as aforesaid therein.

II. And be it enacted, That whenever Persons interested in any Land to be inclosed under the Provisions of the said recited Acts shall be entitled to any similar Rights of Common or other similar Rights over the Lands to be inclosed, and it shall appear to the Valuer in the Matter of such Inclosure that it would be for the Benefit of such Persons to be dealt with as a Class in the Matter of such Inclosure, it shall be lawful for the said Inclosure Commissioners, on the Representation of the said Valuer, to call at Meeting of the Persons interested, for the Purpose of ascertaining whether Two Thirds in Number of the Persons present at such Meeting shall be desirous of being dealt with as a Class; and the Commissioners shall, if they shall so think fit, appoint an Assistant Commissioner to be present and preside at such Meeting, and to take the Votes of the Persons present thereat; and such Assistant Commissioner (if any) or the Chairman of the Meeting shall report to the said Commissioners whether Two Thirds in Number of the Persons present at such Meeting are desirous of being dealt with as a Class as aforesaid; and if it shall appear that Two Thirds of such Persons are desirous of being dealt with as a Class, it shall be lawful for the Commissioners, by an Order under their Seal, if they shall so think fit, to direct that the Persons entitled to such similar Rights of Common or other similar Rights as aforesaid shall be dealt with as a Class; and after such Order all the Provisions of the said recited Acts applicable to a Class shall be applicable to the Persons so interested in the Matter of such Inclosure, as if they had been a Class under the Provisions of the said recited Acts.

III. 'And whereas Doubts have arisen whether, under the Provisions of the said first-recited Act, after a Meeting shall have been holden to give Instructions to a Valuer in the Matter of any Inclosure, any other Meeting after such first can be holden for the Purpose of giving further Instructions to such Valuer in the Matter of such Inclosure: Be it declared and enacted, That in all Cases where in the Matter of any Inclosure a Meeting shall have been holden for the Purpose of giving such Instructions, it shall be lawful for the said Commissioners to call other Meetings to give further Instructions to the Valuer in the Matter of any Inclosure, subject to all the Provisions of the said firstrecited Act as regards the First Meeting held for the Purpose aforesaid, so far as the same shall be applicable to the Second or any subsequent Meeting; and when any Instructions shall have been given previously to the passing of this Act to the Valuer in the Matter of any Inclosure at a Meeting for such Purpose subsequent to the first Instructions, and allowed by the said Commissioners,

0

missioners, the same shall be as valid and of the same Force and Effect as if they had been 'given at the First Meeting called for such Purpose; provided that the Commissioners shall not allow any Instructions given at any Second or subsequent Meeting, whereby any Arrangement entered into or made by the first Instructions for the Protection or Convenience of any Persons interested in the Inclosure shall be prejudicially affected, if such Persons, after such reasonable Notice to be given for that Purpose as the Commissioners shall think fit, shall signify, in Writing to the Commissioners, their Dissent from such subsequent Instructions.

under 6 & 7 W.4.

IV. And be it enacted, That all the Powers and Authorities in Commissioners anywise enabling the said Commissioners to complete Proceedings may complete under any local Act of Inclosure shall be applicable to Proceedings Proceedings commenced under the Provisions of an Act passed in the Seventh Year of the Reign of His late Majesty King William the Fourth, intituled An Act for facilitating the Inclosure of Open and Arable Fields in England and Wales.

c. 115.

V. And be it enacted, That it shall be lawful for the said Com- Quit Rents, missioners in the Matter of any Inclosure, by the Provisional Order, Chief Rents, or by any other Order under their Seal, to declare that an Allot- and Heriots. ment or Allotments in lieu of Quit Rents, Chief Rents, or Heriots shall be given to the Lord of the Manor to whom such Quit Rents, Chief Rents, or Heriots are payable out of any old Inclosure in respect of which an Allotment would be made, or would have been payable out of any Allotments on the Confirmation of the Award, and the Valuer shall upon the Issue of such Provisional or other Order set out such Allotment or Allotments; provided always, that no such Allotment in lieu of such Quit Rents, Chief Rents, or Heriots shall be made except with the Consent of such Lord.

VI. And be it enacted, That where any Monies shall have been Balance of raised by Sale of Land in the Matter of any Inclosure for the Money raised Expenses thereof, and any Balance out of such Monies shall by Sale of Land. after the Payment of such Expenses remain in the Hands of the Inclosure Commissioners, it shall be lawful for the said Commissioners to pay the same to the Persons interested, in such Proportions and under such Restrictions or Conditions as they shall deem just.

VII. And be it enacted, That all the Provisions of the said re- Exchange and cited Acts applicable to the Powers of Exchange and Partition Partition of under the said recited Acts shall extend and be applicable to the Rights, &c. Exchange of all Rights of Common, Rights of Fishing, Manorial and other Rights, and all Easements over any Land, and all Quit Rents, Chief Rents, Heriots, Tithes, and Rent-charges for any other of the said Rights, Easements, and Things, whether of the same or a like or different Nature, or for Land, and also to the Partition of the same respectively; and when Two or more Persons shall be interested, jointly, severally, as a Class, or in common, in any Rights or Property proposed to be exchanged or partitioned under this or the said recited Acts, the Application of Two Thirds in Value of the Persons so interested jointly, severally, as a Class, or in common, as aforesaid, shall be deemed the Application of all Persons interested or having any Estate therein.

VIII. And be it enacted, That where Lands proposed to be Separate Tracts. inclosed under the said recited Acts shall consist of separate Tracts