Appendix D. INFORMATION AND DIRECTIONS as to the mode in which Applications for the REGULATION or INCLOSURE OF COMMONS under the INCLOSURE ACTS, 1845 to 1882, are to be made to the Board of Agriculture; with explanations respecting the law relating to the REGULATIONS AND INCLOSURE OF Commons Act, COMMONS. References to the 1876. 1. Application may be made to the Board of Agriculture for a Provisional Sec. 2. Order (1.) For the Regulation of a Common; or (2.) For the Inclosure of a Common; or (3.) For the Regulation of a part of a Common, and the Inclosure of the N.B.-Inclosure in severalty, as opposed to Regulation, will not be Preamble. 2. The persons making the Application must represent at least one-third in value Sec. 2. of the interests which are proposed to be affected by the Provisional Order. In the case of a Suburban Common (see par. 7) the Urban Sanitary Authority Sec. 8. may, with the consent of persons representing one-third in value of the interests proposed to be affected, make application for the Regulation of such common, with a view to the benefit of their town. 3. A Provisional Order for the Regulation of a Common may provide, Sec. 3generally or otherwise, for the "adjustment of rights" in respect of such Common, and for the "improvement" of such Common, or for either of such purposes. The adjustment of rights in respect of a Common comprises all or any Sec. 4of the following things: (1.) As respects rights of common of pasture in a Common, being waste (2.) As respects rights of common, of turbary, or taking of estovers, or (4.) As respects any Common, whether it is or is not waste land of a manor,- References to the Commons Act, 1876. Sec. 5. Sec. 6. Sec. 10. Sec. 7. Sec. 10. Sec. 8. Common; as also, on compensation made to any person aggrieved, either by grant of a right of equal value, or, with his consent, in money,—the restriction, modification, or abolition of all or any of such rights; and in particular, in the case of severalty owners, of all or any of such rights which may be injurious to the general body of the severalty owners or to the proper cultivation of the land; (5.) Generally as respects any Common, whether it is or is not waste land of a manor, the determination of any rights and settlement of any disputes relating to boundaries, rights in the soil or in the produce of the soil or otherwise, whether arising between the commoners themselves, or between the commoners in relation to the lords of the manors, severalty owners, or other person or persons entitled to the soil of the Common, which settlement may be conducive to the interests of all or any class of persons interested in the Common. The improvement of a Common comprises all or any of the following things; that is to say, (1.) The draining, manuring, or levelling of the Common; (2.) The planting trees on parts of such Common, or in any other way improving or adding to the beauty of the Common; (3.) The making or causing to be made byelaws and regulations for the prevention of or protection from nuisances, or for keeping order on the Common; (4.) The general management of such Common; (5.) The appointment from time to time of conservators of the Common for the purposes aforesaid. 4. A Provisional Order may be issued for the Inclosure of a Common in accordance with the provisions of the Inclosure Acts, 1845 to 1882; but the Commons Act, 1876, requires that special information shall be furnished to the Board as to the advantages the applicants anticipate from the Inclosure of the Common as compared with its Regulation, and also as to the reasons why an Inclosure is expedient when viewed in relation to the benefit of the neighbourhood. 5. In any Provisional Order, such of the following terms and conditions for the benefit of the neighbourhood, as are applicable to each case, are required by the Commons Act, 1876, to be inserted; (1.) That free access is to be secured to any particular points of view; (4.) That carriage roads, bridle paths, and footpaths over such Common are to (5.) That any other specified thing is to be done which may be thought equitable and expedient, regard being had to the benefit of the neighbourhood. 6. Before an application is made to the Board, the Applicants must, in every case, publish, in the form approved by the Board, an Advertisement in the Newspaper or Newspapers having the largest circulation in the neighbourhood of the Common, giving notice of their intention to apply to the Board for a Provisional Order. In ordinary cases two insertions will be sufficient, with an interval of a week between each. 7. In the case of a Suburban Common, that is to say, any Common which is situate wholly or partly in any Town or Towns, or within six miles of any Town or Towns, notice of the intended Application must be served on the Urban Sanitary Authority or Authorities. A "Town" means any Municipal Borough, or Improvement Act District, or Local Government District, having a population of not less than 5,000 inhabitants. The population is to be reckoned according to the last published census, and the distance is to be reckoned in a direct line from the Town Hall, or if there shall be no Town Hall, then from the Cathedral or Church, if there be only one Church, or, if there be more Churches than one, then from the principal Market Place of such Town to the nearest point of the Suburban Common. References to the Commons Act, 1876. 8. The application must be on a form supplied by the Board, and be Sec. 10. accompanied by a Map on tracing cloth, clearly defining the land proposed to be dealt with; also by copies of the newspapers containing the advertisement of the intended Application, and, in the case of a Suburban Common, proof of service of notice on the Sanitary Authority or Authorities. The names of the owners of the lands adjoining the Common should be marked upon the Map. 9. When forms of application are applied for, it should be stated whether they are required for " Regulation," or for " Inclosure," or partly for one and partly for the other. 10. In case of an application partly for Regulation and partly for Inclosure, Sec. 2. both forms must be filled up and signed, and the boundaries between the respective parts must be set out on the Map. Sub-Sec. 6. 11. On receipt of an Application, accompanied by the before-mentioned Sec. 10. documents, the Board will take the matter into consideration, and, if satisfied that a prima facie case has been made out, and that, regard being had to the benefit of the neighbourhood as well as to private interests, it is expedient to proceed further, they will order a local inquiry to be held by an Assistant Commissioner. A deposit, on account of the expenses which may be incurred, of such sum as the Board in each case may deem necessary, will be required before the local inquiry is held. 12. The Assistant Commissioner will inspect the Common, and, after not Sec. 11. less than 21 days' notice, published as directed by the Commons Act, 1876, will hold Public Meetings in the locality (one at least of which will be held in the evening, between the hours of 7 and 10 o'clock), for the purpose of hearing all persons desirous of being heard in relation to the subject matter of the inquiry, and of making such other inquiries and gaining such information as may enable him to report fully to the Board thereon. 13. After considering the Assistant Commissioner's report, the Board, if Sec. 12. satisfied that the Regulation or Inclosure is expedient, will frame a draft Provisional Order, setting forth the provisions to be made for the benefit of the neighbourhood and for the protection of private interests, and will deposit a Copy of the same in the Parish for the consideration of the parties interested, and will give public notice of such deposit. 14. If the consents required by the Act, that is to say, of persons representing Sec. 12. at least two-thirds in value of such interests in the Common as will be affected by Sub-Sec. 5. the Provisional Order, and of the Lord of the Manor in case of land waste of any Manor or to the soil of which the Lord is entitled, are given to the draft Provisional Order as originally deposited, and to any modifications thereof, the Provisional Order will be deemed to be final, and the Board will make a report certifying that it is expedient that such Order should be confirmed by Parliament. 15. When the freemen, burgesses, or inhabitant householders of any city, borough, or town are entitled to rights of common, or other interests in the Common, the consent of two-thirds in number of such freemen and burgesses so entitled, as may be resident in such city, borough, or town, or within 7 miles thereof, or of such inhabitant householders, must be given to the Provisional Order. Sec- 12. 16. If the report of the Board is referred to a Committee of either House of Sec. 12. Parliament for consideration, and any modifications are recommended, the Board Sub-Sec. 11. may modify the Provisional Order accordingly, and if such modifications are consented to in the same manner as the Provisional Order originally deposited, the Board will make a special report to that effect. Reference to the Commons Act, 1876. Sec. 32. 17. After the Bill confirming the Provisional Order has received the Royal Assent, the Board will convene a meeting of the parties interested, for the purposes of appointing a Valuer to carry out the Regulation or Inclosure of the Common, and of resolving upon instructions to the Valuer not inconsistent with the terms of the Provisional Order. But no appointment of a Valuer will be valid until it has been confirmed by the Board. 18. The Regulation or Inclosure will then proceed as directed by the Inclosure Acts, 1845 to 1882. 19. The Inclosure Acts, 1845 to 1882, are as follows: 8 & 9 Vict. c. 118 9 & 10 Vict. c. 70 The Inclosure Act, 1845. The Inclosure Commissioners Act, 1851. The Inclosure Act, 1859. The Inclosure, &c., Expenses Act, 1868. The Commons (Expenses) Act, 1878. The Commonable Rights Compensation Act, 1882. PARISH OFficers. Instructions as to the mode of Appealing to the Local Government Board against Disallowances and Surcharges by a District Auditor. 1. Parish Officers from whom a District Auditor certifies any money to be due, unless they appeal against the Auditor's decision, are required by law to pay over the money certified within seven days from the date of the Certificate, as hereinafter mentioned : RATES LEVIED BY OVERSeers. (a.) Money certified in the Poor Rate Accounts must be paid to the Union Treasurer, except where an amount of less than 2 is certified to be due from Overseers, in which case the money may be paid over with the balance to the succeeding Overseers. (b.) Money certified in the separate Sanitary Rate Account must be paid to the Treasurer of the Rural Sanitary Authority. (c.) Money certified in the Lighting Rate Account to the Treasurer of the Lighting Inspectors. (d.) Money certified in the separate Burial Rate Account to the Treasurer of the Burial Board. (e.) Money certified in the separate School Board Rate Account to the Treasurer of the School Board. (f.) Money certified in the Borough Rate Account-i.e., the Account of the rate levied in a parish only partly included in a municipal borough to meet the precept of the Town Council-to the Borough Treasurer. (g.) Money certified in the Account relating to the Highway Rate levied in South Wales, to the Treasurer of the Highway Board. RATES LEVIED BY PARISH HIGHWAY OFFICERS. (h.) Money certified to be due from Surveyors of Highways must be paid over to the Surveyors in office at the date when the payment is made. (i.) Money certified to be due from Collectors appointed by the Surveyors must be paid over to the Surveyors in office at the time of payment. (j.) Money certified to be due from Waywardens of Highway Parishes within the districts of Highway Boards, or from Collectors appointed by such Waywardens, must be paid to the Treasurer of the Highway Board. 2. Any Parish Officers aggrieved by the Auditor's decision may appeal to the Local Government Board, who are empowered to decide as to the lawfulness of the reasons stated by the Auditor for his decision; and where they uphold the disallowance or surcharge, they may, upon payment of the costs (if any) incurred by the Auditor in taking steps to enforce payment of the money certified, remit the disallowance or surcharge, if they consider that the subject-matter of it was incurred under such circumstances as make it fair and equitable that this course should be taken. 3. When Parish Officers desire to appeal, they must, unless the Auditor has already entered his reasons in the Book of Account in which the disallowance or surcharge was made, apply to the Auditor to enter his reasons in that book; and for this purpose the book should be submitted to the Auditor. 4. When the Auditor has entered his reasons, an exact copy of them and also a copy of the Auditor's certificate of disallowance or surcharge, including his signature and the date of the entry, should be forwarded to the Board with the appeal. 5. The appeal should be by letter (on foolscap paper), addressed to the Secretary of the Local Government Board, Whitehall, London, and must be signed by the CC |