Inclosure Act 1847

V Recital of Provision as to Commissioners not proceeding to amend any Award under any Local Act, &c. until Notice of Application shall have been given by Advertisement, &c. Recited Provision repealed, and if Commissioners think fit to proceed on any Application, they may refer the same to an Assistant Commissioner, &c.

And whereas by the said recited Act of the Eighth and Ninth Years of Her present Majesty it is provided, that the Commissioners shall not in any Case proceed to amend any Award under any Local Act of Inclosure, or under the Act of the Seventh Year of the Reign of King William the Fourth for facilitating the Inclosure of Open and Arable Fields in England and Wales, or to authorize the Execution of any Power or Authority under any such Local Act which shall have been lost or have become incapable of being executed, as 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 Commissioner 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the Commissioners shall not proceed further on such Application; be it enacted, That the said recited Provision be repealed; and that in case the Commissioners shall think fit to proceed on any such Application as aforesaid the Commissioners shall refer such Application to an Assistant Commissioner, and such Assistant Commissioner shall hold such Meeting or Meetings to hear any Objections which may be made to such Application, and 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.