9 & 10 Vict. c. 66. Officers acting under them, or in virtue of the said Acts, or any of them, or under their Authority, or by any other Person acting in the Administration of the Laws for the Relief of the Poor in England, on or before the Day when the Commissioners first appointed under this Act shall enter on their Office, shall be as valid as if this Act had not been passed; and every Suit or other Proceeding civil or criminal, begun before the lastmentioned Day, in the Name and under the Authority of the Poor Law Commissioners, shall have the same Force and Effect, if continued in their Names under the Sanction of the Commissioners, as if the Poor Law Commissioners had continued to act in execution of the said Acts of Parliament; and nothing herein contained shall in any way take away or interfere with any Right of Action or of Defence to the same, or any Liability to be sued or prosecuted for any Penalty, for or against any Person under the said Acts, or any of them, according to the respective Provisions thereof, which shall have accrued wholly or in part before the last-mentioned Day. XXVIII. Provided always, and be it enacted, That no Commissioner constituted under this Act, nor any Inspector, Secretary, or other Officer or Person to be appointed and employed by the Commissioners in the Business of their Office under this Act, shall continue to hold his respective Office under this Act, or exercise any of the Powers given by this Act, for a longer Period than Five Years next after the Day of the passing of this Act, and thenceforth until the End of the then next Session of Parliament; and from 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 enables Her Majesty to appoint any Commissioner shall cease to operate or to have any Effect whatever. XXIX. And be it enacted, That this Act shall be construed in the same Manner as the said Act of the Fifth Year of the Reign of His late Majesty, and the said Act of the Sixth Year of the Reign of Her Majesty, and the several Acts passed for the Amendment of the said Acts or either of them, and as One Act with the same, and with the Acts and Provisions thereby directed to be construed as One Act, unless where otherwise directed by this Act. XXX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parlia ment. CAP. CX. An Act to amend the Laws relating to the Removal of WI 'granted 6 granted for the Removal of any Person, from any Parish in which such Person shall have resided for Five Years next before the Application for the Warrant; provided always, that the Time during which such Person shall be a Prisoner in a Prison, or shall be serving Her Majesty as a Soldier, Marine, or Sailor, or reside as an In-Pensioner in Greenwich or Chelsea Hospitals, or shall be confined in a Lunatic Asylum or House duly licensed or Hospital registered for the Reception of Lunatics, or as a Patient in a Hospital, or during which any such Person shall receive Relief from any Parish, or shall be wholly or in part maintained by any Rate or Subscription raised in a Parish in which such Person does not reside, not being a bona fide charitable Gift, shall for all Purposes be excluded in the Computation of Time herein-before mentioned, and that the Removal of a Pauper Lunatic to a Lunatic Asylum under the Provisions of any Act relating to the Maintenance and Care of Pauper Lunatics shall not be deemed a Removal within the Meaning of this Act; provided always, that whenever any Person shall have a Wife or Children having no other Settlement than his or her own, such • Wife and Children shall be removable when he or she is removable, and shall not be removable when he or she is not removable:" And whereas the Effect of the above-recited Enactment has been to increase unduly the Amount of Expenditure for the Relief of the Poor in particular Parishes :' Be it therefore 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 all the Expenditure Expenditure which shall be incurred by any Parish, Township, incurred by any or Place forming Part of a Union for the Maintenance, Relief, Parish, &c. for or Burial of any Person or Persons who shall have been at any &c. of Persons Time within One Year before the passing of the above-recited who are or may Enactment in the Receipt of Relief from some other Parish, be by the above Township, or Place, by Right of Settlement or reputed Settle- ment exempted ment therein, and who by the above-recited Enactment are or from Liability, may be exempted from the Liability to be removed from the to be charged Parish, Township, or Place in which such Person or Persons shall be residing, shall from and after the passing of this Act, so long as such Person or Persons shall continue to be so exempted, be charged to the common or general Fund of such Union in the same Manner as the Cost of building or providing Workhouses in Unions and other Union Expences are directed to be charged by an Act passed in the Fifth Year of the Reign of His late Majesty King William the Fourth, intituled An 4&5W.4.c.76. Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales. Maintenance, recited Enact to the Union, II. And be it enacted, That this Act shall continue in force Continuance of until the First Day of October in the Year One thousand eight Act. 'hundred and forty-eight. III. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c. 3D 3 CAP. CAP. CXI. extruded by An Act to extend the Provisions of the Act for the 11412V.c99 Inclosure and Improvement of Commons. $& 9 Vict. 118. Where the Claimants to to Consent of an actual Provision for more than One Saving Rights of the Crown 6 [23d July 1847.] WHEREAS an Act was passed in the Session of Parlia ment holden in the Eighth and Ninth Years of Her present Majesty, intituled An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common, the 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 • Inclosure Acts; and to provide for the Revival of such Powers ' in certain Cases: And whereas it is expedient further to facilitate Proceedings under the said recited Act in the Cases herein-after mentioned:' 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 where an Action, Suit, or Difference shall be pending concerning the Title to any Manor, Land, or Right, or to an Estate or Interest therein, of which the actual Owner would, under the Definitions of the said Act, be (in respect of such Manor, Land, or Right,) the Person interested in Land concerning which any Application or Proceeding may be made or be pending under the said Act, the Consent of both the Persons between whom such Action, Suit, or Difference may be pending, to any Application, Inclosure, or other Proceeding under the said Act, shall be as effectual as the Consent of the actual Owner of the Manor, Land, or Right, or of such Estate or Interest therein, would have been in case no Action, Suit, or Difference had been pending. II. Provided always, and be it enacted, That where, according to the Claim of a Party to such Action, Suit, or Difference, more than One Person would be or become interested as aforesaid in respect of such Manor, Land, or Right, such Consent of such Number or Portion, or (as the Case may require) such Nonsignification of Dissent by such Number or Portion of the Persons who would so become interested, to the Application, Inclosure, or other Proceeding as would have been sufficient_in_case such Claim had been established shall be equivalent to the Consent of the Party so claiming under the Provisions of this Act. Lands III. And be it enacted and declared, That where any shall have been inclosed, by way of Encroachment or otherwise, the Soil of En- from any Land subject to be inclosed under the said recited Act, and others to croachments. for more than Twenty Years next preceding the Day of the first Meeting for the Examination of Claims in the Matter of an Inclosure under the Provisions of the said Act, and shall not, with such Consent as in the said Act provided, be directed by the Valuer to be considered as allottable, and Parcel of the Land to be inclosed, neither the Award in the Inclosure under the Provisions Provisions of the said Act, nor any Consents or Orders previous thereto, shall be taken to divest, defeat, or prejudice any Property, Estate, Right, or Title of Her Majesty or of any other Person in or to the Lands so inclosed for Twenty Years or upwards as aforesaid, or the Minerals or Substrata under the same, or in or to any Rent or Payment payable in respect thereof (except only any Rights of Common intended to be extinguished by the Inclosure under the Provisions of the said Act). Land, except IV. And be it enacted, That where an Exchange shall be Exchanges may made under the said Act of Lands not subject to be inclosed be made of under such Act, or of Lands subject to be so inclosed as to ing or reserving which no Proceedings for an Inclosure shall be pending, it shall Minerals and and may be lawful for the Commissioners, in conformity with Easements. the Terms of the Application for such Exchange, to except or reserve out of such Exchange the Property or Right of or to all or any of the Mines or Minerals under all or any Part of the Land given by both or either of the Parties, together with Rights and Easements for or auxiliary to the Exercise or Enjoyment of the Right or Property of such excepted or reserved Mines and Minerals, and (whether such Mines and Minerals shall or shall not be reserved) such Rights of Way and other Easements as the Parties to such Application may have agreed on. 6 Commissioners V. And whereas by the said recited Act of the Eighth and Recital of ProNinth Years of Her present Majesty it is provided, that the vision as to • Commissioners shall not in any Case proceed to amend any not proceeding 'Award under any Local Act of Inclosure, or under the Act of to amend any the Seventh Year of the Reign of King William the Fourth Award under any Local Act, for facilitating the Inclosure of Open and Arable Fields in &c. until Notice 'England and Wales, or to authorize the Execution of any of Application Power or Authority under any such Local Act which shall shall have been • have been lost or have become incapable of being executed, as vertisement, &c. given by Ad⚫ therein mentioned, or to authorize any Person to be by them appointed as therein mentioned to execute the Powers or Authorities of any Local Act, in the Place of the Commis'sioner or Commissioners appointed under such Local Act, until Notice of the Application shall have been given by Advertisement as therein mentioned; and that in case within Two 'Calendar Months from the Publication of the last of the Advertisements, One Fourth Part in Number or Value of the • Persons interested, according to the Definitions therein-before contained, in the Land to which the Award so proposed to be ⚫ amended, or the Part thereof proposed to be amended, should relate, or in the Land to be affected by the Exercise of such Powers or Authorities, should give Notice in Writing to the Commissioners of their Dissent from such Application, the • Commissioners shall not proceed further on such Application;' be it enacted, That the said recited Provision be repealed; and Recited Prothat in case the Commissioners shall think fit to proceed on vision repealed, any such Application as aforesaid the Commissioners shall refer sioners think fit such Application to an Assistant Commissioner, and such Assis- to proceed on tant any Applica 3 D 4 and if Commis refer the same &c. tion, they may tant Commissioner shall hold such Meeting or Meetings to hear to an Assistant any Objections which may be made to such Application, and Commissioner, any Information or Evidence which may be offered in relation thereto, or to the Matter thereof, and shall report his Opinion as to the Expediency or Inexpediency of proceeding upon such Application, having regard to all Rights which may be disturbed or affected thereby, in such and the same Manner, and subject to such and the same Provisions concerning Notices of such Meetings, as are in the said Act of the Eighth and Ninth Years of Her present Majesty contained concerning Inquiries as to the Expediency or Inexpediency of a proposed Inclosure; and upon the Report of such Assistant Commissioner it shall be lawful for the Commissioners to proceed or to abstain from proceeding further on such Application, as they may think fit; and it shall be lawful for the Commissioners (where they shall so think fit) to cause such further Meetings to be held, and Inquiries made in relation to such Application, or to the Report thereupon, as might have been held or made in the Matter of a proposed Inclosure, and to give such Directions in relation to the Matter of such Application, or to the Execution of the Powers or Authorities thereby proposed to be revived or executed, as the Circumstances of each Case shall appear to them to require. Lands taken in exchange, &c. in respect of Copyhold or Customary Lands shall be held to be Copyhold, and shall be held of the same Lord, &c. Meetings may be adjourned without the Commissioner VI. And whereas it is provided by the said Act that any Land taken in exchange or on partition or allotted in respect of Copyhold or Customary Land shall be deemed Copyhold or Customary Land, and shall be held of the Lord of the same Manor under the same Rent and by the same Customs and Services as the Copyhold or Customary Land in respect of which it may have been taken in exchange or on partition or allotted was or ought to have been held, and shall pass in like Manner as the Copyhold or Customary Land in respect whereof such Exchanges, Partitions, or Allotments shall be made: And whereas it is expedient to enable the Parties so taking such Lands in exchange or on partition or as Allot. ments to hold the same of Freehold Tenure;' be it enacted, That, by and with the Consent of the Lord of the Manor, and of the Parties so taking such Lands in exchange or on partition or as Allotments, it shall and may be lawful for the said Commissioners to declare that the same shall be held as of Freehold Tenure, on such Terms and Conditions as may be agreed upon between the Parties, and as may be deemed just by the said Commissioners, and the same Land shall be held as Freehold accordingly. VII. And be it enacted, That where Notice shall have been given of any Meeting whether original or by Adjournment, to Attendance of be held by the Commissioners or by an Assistant Commissioner, or otherwise, it shall be lawful for the Commissioners or an Assistant Commissioner by Notice to adjourn such Meeting, without any Commissioner or Assistant Commissioner giving Attendance for the Purpose of making such Adjournment; and where Notice shall have been given of a Mecting by a Valuer, or Assistant Commissioner. |