substrata under the same, and also to the mines and minerals, except building. A.D. 1878. stone and tile, under that part of the said common which is in the said township of Fynnon Vair: And whereas Sir Richard Green Price, Baronet, and Ryan, Esquire, 5 as mortgagees in possession, are the owners of the soil of that part of the said common which is in the said township of Fynnon Vair, and of the building stone and tile under the same : Now, therefore, in pursuance of the powers given to us by the said Acts, we, the Inclosure Commissioners for England and Wales, being satisfied that, having 10 regard to the benefit of the neighbourhood as well as to private interests, the inclosure of the said common is desirable, have framed for the consideration of the persons interested this our draft Provisional Order, specifying the terms and conditions on which, provided the necessary consents are given thereto, we are prepared to certify that it is expedient the Provisional Order should be confirmed 15 by Parliament; that is to say, That ten acres, in two plots of five acres each on either side of " Offa's Dyke,” at or near the spots marked A and B on the map hereto annexed, being the point of intersection of roads there, be allotted for recreation ground. That "Offa's Dyke," in so far as it passes through the said common, be 20 preserved in its present state, with convenient points of access to it, as a public footpath. 25 That fifteen acres of average quality be allotted for field gardens, with the view of exchanging the same for good land conveniently situated near the cottages. That thirty acres on such part or parts of the said common as may be found most suitable and convenient be set out as an allotment for turbary for fuel for the use of the inhabitants. That carriage roads, bridle roads, and footpaths over the said common be set out to the satisfaction of the Inclosure Commissioners in the most convenient 30 and commodious manner, with such deviations from the present lines of traffic as may provide more level ground and better shelter and give public access to "Offa's Dyke," to the proposed recreation grounds, to the turbary allotments, and to the springs and streams of water. That one fourteenth part in value of the residue of that part of the said 35 common which is in the said townships of Menethesney, Llanfair, and Trebert (to be set out adjoining his freehold property in the townships of Berfield and Spoad) be allotted under the provisions of the said Acts to the said Edward James Earl of Powis, as lord of the said manor, in lieu of his right and interest in the soil of such part of the said common, inclusively of his right and interest 40 in the building stone and tile under the same but exclusively of his right and interest in all other mines and minerals under the said common, and also exclusively of any right of pasturage or other right of common or interest in the nature of a right of common which may have been usually enjoyed by such lord or his tenants upon the said common, which said right of pasturage or other 45 right, if any, is to be compensated by allotments or otherwise independently of the allotment hereby stipulated in respect of his right and interest in the soil as aforesaid. A.D. 1878. That one fourteenth part in value of the residue of that part of the said common And in respect of the mines and minerals (except building stone and tile) That a right to enter the said common when inclosed for the purpose of opening, working, and winning such mines and minerals be reserved to such lord of the manor, compensation to be made by the persons exercising such right for any damage to the surface which may thereby be done. 10 In witness whereof, we have hereunto set our official seal this fifth day of 15 A BILL ΤΟ Confirm the Provisional Order for the inclosure of certain A.D. 1878. WH HEREAS the Inclosure Commissioners for England and Wales did, in pursuance of the Inclosure Acts, 1845-1876, issue, in the year one thousand eight hundred and seventy-seven, the Provisional Order of Inclosure set forth in the schedule 5 hereto, and in their annual report, in one thousand eight hundred and seventy-eight, certified that it was expedient that the same should be confirmed by Parliament: And whereas a committee of the House of Commons, to which the same Provisional Order was referred, recommended that the 10 same should be confirmed without modification: And whereas the said inclosure cannot be proceeded with without the previous authority of Parliament: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and 15 Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The Provisional Order of Inclosure set forth in the schedule to Confirmation this Act is hereby confirmed. of Provisional Order. 2. This Act may be cited as the Inclosure (Orford) Provisional Short title. 20 Order Confirmation Act, 1878. : A.D. 1878. SCHEDULE. Provisional Order for the Inclosure of a Common. WHEREAS persons interested in certain lands called or known as the Mill Fields, Meres, and Wastes, situate in the parish of Orford, in the county of Suffolk, such lands being a common within the meaning of "The Inclosure 5 Acts, 1845 to 1876," and herein-after designated "the said common," have made application to the Inclosure Commissioners for England and Wales to issue a Provisional Order for the inclosure of the said common, and to certify that it is expedient that such Provisional Order should be confirmed by Parliament: And whereas it has been made to appear to the said Commissioners that the 10 persons making the said application represent at least one third in value of such interests in the said common as are proposed to be affected by the Provisional Order: And whereas the said Commissioners, having taken the said application into consideration, were satisfied that a primâ facie case had been made out, and 15 that, regard being had to the benefit of the neighbourhood as well as to private interests, it was expedient to proceed further in the matter, and accordingly ordered a local inquiry to be held by an Assistant Inclosure Commissioner : And whereas the said Assistant Commissioner, having inspected the said common, and having caused public notice to be given as required by the said 20 Acts, held, pursuant to the said notice, public meetings on the twenty-first day of March one thousand eight hundred and seventy-seven, at eleven o'clock in the forenoon, and at seven o'clock in the evening, at the Crown and Castle Inn, in the said parish, to hear all persons desirous of being heard on the subjectmatter of the said application, and any information or evidence which might be 25 offered in relation thereto, and inquired into the correctness of the statements in the said application, and otherwise into the expediency of making the Provisional Order applied for, and into the nature of the provisions to be inserted in such Provisional Order: And whereas the said Assistant Commissioner duly reported in writing to 30 the said Commissioners the result of the local inquiry and of the public meetings held by him, together with the information obtained by him as to the several particulars in the said application, and all other information required by the said Acts, and annexed to his report a map of the said common, a copy of which map is hereto annexed: And whereas the said common is on the map hereto annexed coloured blue, pink, and green : 35 And whereas Sir Richard Wallace, of Sudborne Hall, in the said county, Baronet, M.P., is the owner of such parts of the said common as are coloured blue on the said map, subject only to certain common rights belonging to the 40 rated inhabitants of Orford: 5 And whereas the Corporation of the borough of Orford are the owners of such A.D. 1878. parts of the said common as are coloured pink and green on the said map, subject only to certain common rights belonging to the said rated inhabitants of Orford: And whereas, after the said application for a Provisional Order had been made to the said Inclosure Commissioners, the said Sir Richard Wallace, the person interested within the meaning of the said Acts in certain lands not subject to the operation of the proposed inclosure (which lands are on the said map coloured brown and yellow, and include also so much of the land imme10 diately adjoining the said lands coloured yellow as the valuer who shall be appointed in the matter of the proposed inclosure shall, with the approval of the said Inclosure Commissioners, determine to be requisite to make up together with the said lands coloured yellow a full equivalent for the rights of common in and over the said common, and which said lands coloured yellow, and the 15 said other lands immediately adjoining thereto, are herein-after described as "the said lands in the Chantry Marshes "), duly made application to the said Inclosure Commissioners to submit such lands to the operation of the said proposed inclosure under the provisions of the said Acts: And whereas the said Inclosure Commissioners duly gave notice by adver20 tisement in two successive weeks of their intention to embody in their Provisional Order in the matter of the said Inclosure such directions in reference to the said application of the said Sir Richard Wallace as might be necessary to carry out the desire of the said Sir Richard Wallace to submit his said lands to the operation of the said proposed inclosure: 25 And whereas one calendar month has elapsed from the publication of the last of such advertisements, and no notice of dissent from such proposed directions has been given to the said Inclosure Commissioners : And whereas it has been agreed between the said Sir Richard Wallace, the said Corporation of the borough of Orford, and the said rated inhabitants of 30 Orford as follows; that is to say, 1. That the said lands in the Chantry Marshes be allotted to the said rated inhabitants, in lieu of all their rights and interests in and over the said common. 2. That the said lands coloured brown on the said map be allotted to the said 35 Corporation in lieu of all their rights and interests in and over such parts of the said common as are coloured pink and green as aforesaid. 3. That the lands numbered 31, 32, 33, 157, 175, 177, and 178 on the said map, being part of the said common, and containing together five acres three roods and twenty-nine perches or thereabouts, be allotted as recreation 40 ground for the benefit of the inhabitants of the parish and neighbourhood. 45 4. That the residue of the said common be allotted to the said Sir Richard Wallace in lieu of the said lands coloured brown, and of the said lands in the Chantry Marshes, and also in lieu of his rights and interests in and over such parts of the said common as are coloured blue as aforesaid. 5. That the boundary fences of the said lands coloured brown and of the said lands in the Chantry Marshes be erected by the said Sir Richard Wallace, and be for ever hereafter maintained and repaired by the said Sir Richard Wallace, his heirs and assigns. |