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Private Act Improvements

surveyor, collector, or other officer shall wilfully neglect or refuse to search for and enquire and examine into such nuisances, annoyances, obstructions, or other offences as aforesaid, or after any such complaint made to him as aforesaid, personally to view or inspect the (lighting, &c.) matters of such complaint, or shall neglect or refuse to lay any such information or informations against any such offenders or offender as aforesaid, then and in every such case such surveyor, collector, or other officer so refusing or neglecting shall forfeit and pay for every such refusal or neglect any sum not exceeding the sum of £ provided nevertheless, that nothing herein contained shall extend or be construed to extend to prevent any other person or persons, having cause or probable ground of complaint, from proceeding against any offender or offenders as aforesaid; but in no case shall any such offender or offenders be proceeded against to conviction more than once upon the same charge or for the same offence. And be it further enacted, That if any person or persons shall obstruct, hinder, molest, or interrupt any of the said commissioners, or any treasurer, clerk, assessor, collector, engineer, surveyor, or other officer or officers, workmen or agent, person or persons whomsoever, who is, are, or shall be employed by virtue of this act, in the performance of his or their duty, or in the execution of any of the works, matters, or things to be done by virtue or under the authority of the same respectively, then every such person so offending shall, for every such offence, forfeit and pay any sum not exceeding £ And be it further enacted, That the costs, charges, and expenses Expenses of the of obtaining and passing this act, and incident thereto, shall be paid and discharged by the commissioners aforesaid by and out of the

funds of the said commissioners.

Penalty for obstructing execution of this act.

act.

And be it further enacted, That this act shall be deemed and Public act.

taken to be a public act, and shall be judicially taken notice of as

such by all judges, justice, and others, without being specially pleaded.

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Private Act Inclosing, &c.

No. CCCCXVIII.

A Bill or Private Act for Inclosing Waste and Common Field
Lands (1).

1. The Notice of Application to Parliament (2).

NOTICE IS HEREBY GIVEN, that application is intended to be made
to Parliament in the next session, for an act for dividing, allotting,
and inclosing the commons, commonable lands, common fields,
meadows, pastures, moors, wastes, and waste grounds, in the parish
of
in the county of
And it is further intended to take power by the said act to
exonerate from tithes the said lands and grounds.

and

(solicitor).

2. The Petition for leave to bring in the Bill (3)

To, &c. (4).

The humble Petition of the several persons whose names

are hereunto subscribed, on behalf of themselves and other owners of estates in the parishes of

SHEWETH,

in the county of

- That there are within the parishes of

and

and

aforesaid, several commons, commonable lands, intermixed lands,

meadows, pastures, and waste grounds:

(1) See ante, "PRACTICAL DIRECTIONS", chap. II. sec. vii.

(2) See ibid. pl. 1.

(3) See ibid. pl. 2.

(4) See ante, p. 42.

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Private Act

That the properties of the owners of the said commons, meadows, and pastures lie intermixed with each other, and are dispersed so as to render the cultivation of the same very inconvenient, but if the Inclosing, &c. same were divided, allotted, and inclosed amongst the several persons having an interest therein, they would be much more profitable and would be capable of greater improvement :

Your Petitioners therefore, &c. (1).

3. THE BILL.

An Act for Inclosing waste and other Lands in the Parishes of , in the County of

and

WHEREAS there are within the parishes of

in the county of

waste grounds, and the said

and

certain heaths, severals, commons, and
also claims to be entitled to

the soil of the commons and waste grounds in the said parishes of

and

of the manor of

: and whereas

claims to be lady of the manor of

and

claims to be lord

, widow,

: and whereas the said and several other persons, are the owners and proprietors of all the messuages, cottages, lands and tenements within the said parishes of : And whereas an act was passed in the forty-first year of the reign of his late Majesty King George the Third, intituled "An Act for consolidating in one Act certain provisions usually inserted in Acts of inclosure, and for facilitating the mode of proving the several facts usually required on the passing of such Acts:" And whereas another act was passed in the second year of the reign of his present Majesty, intituled "An Act to amend the laws respecting the inclosing of open fields, pastures, moors, commons and waste lands in England:" And whereas some of the lands in the said parishes of and

are intermixed and otherwise inconveniently situated for the respective owners and occupiers thereof, and the said heaths, severals, commons and waste grounds are subject to certain rights of common, and in their present state and condition yield but little profit

(1) See ante, p. 46.

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Private Act

to the several persons interested therein and whereas it would be advantageous to the several persons entitled to and interested in the Inclosing, &c. premises if the said rights of common were extinguished, and if the said heaths, severals, commons and waste grounds, and all other the lands and grounds within the said parishes of and were divided, and specific parts or shares thereof allotted to the several persons entitled thereto and interested therein, according to their respective estates, rights and interests; but such extinguishment, division and allotment cannot be effected without the aid and authority of Parliament: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, of

Appointment of and by the authority of the same, that

commissioners.

Appointment of new commis

sioner on death

of one of the commissioners.

in the county of

, and

the said county of
and their successors, to be elected
and appointed in manner hereinafter mentioned, shall be and they
are hereby appointed commissioners for dividing, allotting, and in-
closing the said heaths, severals, commons and waste grounds, and
all other the lands and grounds within the said parishes of

and
and for carrying into execution this act and the said
recited acts, save and except such parts of the said recited acts as are
hereby varied or altered.

and

Provided always, and be it further enacted, That if the said (one of the commissioners), or any commissioner to be hereafter appointed in his stead, shall, before the execution of all the powers and authorities hereby vested in him, die, or refuse, neglect or become incapable to act in the execution of this act and of the said recited acts, then and in every such case it shall be lawful to and for the lord or lady for the time being of the manor of to nominate, elect, and appoint, by any instrument in writing under his or her hand from time to time, some fit and proper person (not interested in the said division and allotment) to be a commissioner in the room or stead of the said or of " other commissioner to be hereany after appointed in his stead, so dying, or refusing, neglecting, or becoming incapable to act as aforesaid; and every such commissioner, when elected, nominated and appointed in manner aforesaid, shall, after taking and subscribing the oath prescribed in that behalf, have the same powers and authorities in all respects for carrying this act and the said recited acts into execution, and shall be subject to the same rules, orders and regulations, as if he had been originally named and appointed a commissioner in and by this act.

Provided also, and be it further enacted, That if the said (other commissioner,) or any commissioner to be hereafter appointed in his stead, shall, before the execution of all the powers and authorities hereby vested in him, die, or refuse, neglect, or become incapable to act in the execution of this act and of the said recited acts, then and in every such case it shall be lawful to and for the major part in value of the several proprietors of estates in the said parishes exclusive of the proprietor or proprietors for the

of and
time being of estates now belonging to the said
lying and
being in the said several parishes, such value to be ascertained accord-
ing to the rate or assessment made for the relief and maintenance of
the poor of the same parishes for that year, who shall attend by them-
selves or their agents or attorneys at a meeting to be holden for that
purpose, of which meeting, and of the purpose thereof, and of the
place of holding the same, within one of the said several parishes, or
within miles of one of them, days' notice at least shall be

given by advertisement (signed with the name or names of any
or more of the said proprietors) in the
other newspaper published in the

or

or some

of

, to nominate,

elect, and appoint, by any instrument in writing under their hands, or under the hands of their agents or attorneys, from time to time, some fit and proper person (not interested in the said division and allotment) to be a commissioner in the room or stead of the said

, or of any other commissioner to be hereafter appointed in his stead, so dying, or refusing, neglecting, or becoming incapable to act as aforesaid; and every such commissioner, when elected, nominated, and appointed in manner aforesaid, shall, after taking and subscribing the oath prescribed in that behalf, have the same powers and authorities in all respects for carrying this act and the said recited acts into execution, and shall be subject to the same rules, orders, and regulations, as if he had been originally named and appointed a commissioner in and by this act.

And be it further enacted, That whenever the said commissioners shall disagree or differ in opinion touching or concerning any matter or thing to be by them done and performed in pursuance and by virtue of this act or of the said recited acts, then and in every such case it shall be lawful for the said commissioners, and they are hereby authorized and required, with all convenient speed after any such disagreement or difference in opinion shall happen, to refer the matter thereof to such disinterested person as the said commissioners shall think proper to appoint for that purpose as umpire, whose judgment and determination thereupon respectively shall be deemed and con

PARLIAMENTA

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Private Act

Inclosing, &c Appointment of sioner on death

new commis

of the other

commissioner.

Umpire to be appointed on disagreement of commissioners.