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Inclosure Act 1845
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- 1845 c. 118 (Regnal. 8_and_9_Vict)
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9. Documents of the tithe commissioners may be used. Power to summon witnesses.
10. Commissioners may delegate powers to assistant commissioners.
11. Descriptions of land subject to be inclosed under this Act.
12. Wastes of manors and lands subject to indefinite common rights at all times not to be inclosed without previous direction of Parliament.
14. Land within certain distances of large towns not to be inclosed without the previous direction of Parliament.
15. Village greens not to be inclosed; but provision may be made for preserving the surface and fixing boundaries.
16. Persons interested in lands for purposes of applications, &c.
17. Where the crown is interested, who shall be substituted.
18. Where Duke of Cornwall is interested, who shall be substituted.
20. In case of disability Commissioners to name substitutes.
21. Attornies may be appointed by persons interested. Form of power of attorney.
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30. Allotments for exercise and recreation may be required as conditions of inclosure.
32. Acts for the inclosure of lands in pursuance of the reports of the Commissioners to be deemed public general Acts.
36. Alterations in the instructions to valuer by commissioners not to be acted upon unless sanctioned by a majority of the persons interested.
37. A surveyor may be appointed where the parties interested think fit.
39. Power to set out boundaries of parishes. Appeal on questions of boundary.
41.†Juries subject to same regulations as if returned for any court at Westminster.
44. Persons dissatisfied with determination of commissioners may appeal to Court of Queen’s Bench.
48. Statement of claims to be deposited for examination. Claims to be heard and determined by valuer, subject to appeal to commissioners.
49. Titles not to be determined by valuer, commissioners, or assistant commissioners.
52. Encroachments of twenty years standing to be deemed ancient inclosures.
54. Rights not sustainable in law to be allowed upon proof of sixty years usage.
55. Schedule of claims allowed by valuer to be made and deposited for inspection.Claims may be reheard by commissioners or an assistant commissioner.
57. Determination of commissioners not appealed against conclusive.
67. Roads to be repaired by the parish after certificate by two justices of the peace.
74.†Provision for awarding allotments for exercise to individuals, subject to the obligation of permitting it to be used.
75.†Allotments for the labouring poor may be made subject to a corn rent-charge, to vary and be recoverable as a tithe rent-charge.
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79. Separate allotments to be made in respect of separate titles.
81. Cultivated land and buildings to be allotted to the proprietor.
84. If interest in land is sold before allotment is made the valuer to make the allotment to the purchaser.
85. Allotments to be made to representatives of parties dying.
87. Allotments to freemen and other classes of persons entitled to common rights to be made to trustees.
88. Power to sell such allotments. Application of purchase money.
89. Meeting of persons so entitled for giving instructions to valuer.
97. Minerals under regulated pastures may be reserved, while minerals under lands to be held in severalty are relinquished.
98. Right to minerals under land inclosed existing distinct from the property in the surface, and not compensated upon inclosure, not to be affected.
102. Valuer to draw up a report and annex thereto a map of the claims.
104. Award to be drawn up by the valuer, and confirmed by the commissioners.
105. Confirmation of award to be conclusive evidence that the directions of this Act have been obeyed.
108. Allotment for the labouring poor shall be managed by the allotment wardens.
111. Possession, how to be recovered from tenant holding over.
114. Conversion into regulated pasture to be deemed an inclosure.
119. Provision for rateable increase or diminution of rights.
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125. Estimates of expenses to be approved of at public meeting.
129. Valuer not to purchase lands in the parish for seven years after the award.
137. Application of compensation money of parties under disabilities.
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147. Exchanges may be made of land not subject to be inclosed.
149. Inconvenient allotments for the poor and for public purposes may be exchanged for land more convenient.
150. Notices of intended exchanges and divisions to be given.
152. Commissioners may remedy defects and omissions of awards under local Acts of inclosure, or under 6 & 7 Will. 4. c. 115.
153. Commissioners may revive powers under local inclosure Acts lost by lapse of time, or otherwise.
154. Commissioners may appoint persons to complete proceedings in an imperfect inclosure.
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156. Proviso for cases where dealings have been had with land on faith of inaccuracies, &c. proposed to be rectified.
157. Commissioners may confirm awards or agreements made under supposed authority of 6 & 7 Will. 4. c. 115.
158. Power to reduce the number of trustees under local Act where a sufficient number of persons qualified cannot be found.
164. Persons giving false evidence, &c. to be guilty of a misdemeanor.
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