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Inclosure Act 1852

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This is the original version (as it was originally enacted).

Scheduleto which this Act refers

Form No. 1. Notice of Valuer's Intention to apply to Justices to recover Possession where there are Buildings, Fences, or Erections. I ___________________ of ___________________ in the County of ___________________ the Valuer acting in the Matter of the Inclosure of ___________________ situate in the ___________________ of ___________________ in the County of ___________________ hereby give you Notice, that the Encroachment [or Inclosure, as the Case may he,] from the said Lands to be inclosed [shortly describing it] situate ___________________ now in your Possession, is, with the Residue of the said Lands, about to be divided, allotted, and inclosed, and that you are at liberty, within Two Calendar Months from the Service of this Notice, to take down and remove all Buildings, Fences, and other Erections now standing on the said Encroachment [or Inclosure], and to convert the Materials thereof to your own Use. And I further give you Notice, that, unless peaceable Possession of the said Premises be given to me on or before the Expiration of Two Calendar Months from the Service of this Notice, I ___________________ shall on the ___________________ Day of ___________________ next at ___________________ of the Clock of the same Day at ___________________ apply to Her Majesty's Justices of the Peace acting for the District of ___________________ [being the District, Division, or Place in which the said Premises or any Part thereof is situate,] in Petty Sessions assembled, to issue their Warrant directing the Constables of the said District to enter and take Possession of the said Premises, and to eject any Person therefrom. Dated this ___________________ Day of ___________________. ( Signed) Valuer. To ___________________. Form No. 2. Notice of Valuer's Intention to apply to Justices to recover Possession where there are no Buildings, Fences, or Erections. I ___________________ of ___________________ in the County of ___________________ the Valuer acting in the Matter of the Inclosure of ___________________ situate in the ___________________ of ___________________ in the County of ___________________, hereby give you Notice, that, unless peaceable Possession of the Encroachment [or Inclosure, as the Case may be,] from the said Lands to be inclosed [shortly describing it], situate ___________________ now in your Possession, be given to me on or before the Expiration of Seven clear Days from the Service of this Notice, I ___________________ shall on the ___________________ Day of ___________________ next at ___________________ of the Clock of the same Day at ___________________ apply to Her Majesty's Justices of the Peace acting for the District of ___________________ [being the District, Division, or Place in which the said Premises or any Part thereof is situate,] in Petty Sessions assembled, to issue their Warrant directing the Constables of the said District to enter and take Possession of the said Premises, and to eject any Person therefrom. Dated this ___________________________________. (Signed) Valuer. To ___________________. Form No. 3. Complaint before the Justices. The Complaint of ___________________ the Valuer acting in the Matter of the Inclosure of _____________________________________ situate in the ___________________ of ___________________ in the County of _____________________________________made before us, Two of Her Majesty's Justices of the Peace acting for the District of _____________________________ in Petty Sessions assembled, who saith that ___________________ is in the Occupation of an Encroachment [or Inclosure] from the said Lands to be inclosed, consisting of _______________________________ and that on the ___________________ Day of ___________________ he determined the Claims in the Matter of the said Inclosure, and that on the ___________________ Day of ___________________ being more than One Calendar Month from the Determination of the said Claims, the said ___________________ did serve on ___________________ [Person in possession of Encroachment or Inclosure] a Notice in Writing of his Intention to apply to recover Possession of the said Premises (a Duplicate of which Notice is hereto annexed,) by giving, &c. [describing the Mode in which the Service was effected,'] and that notwithstanding the said Notice the said _________________________________ refused [or neglected] to deliver up Possession of the said Premises, and still detains the same. (Signed) Taken the ___________________ Day of ___________________________ before us, ___________________ (Signed) A Duplicate of the Notice of Intention to apply is to be annexed to this Complaint. Form No. 4. Warrant to Peace Officers to take and give Possession. Whereas [set forth the Complaint] : We, Two of Her Majesty's Justices of the Peace in Petty Sessions assembled, acting for the ___________________ of ___________________ do authorize and command you on any Day within ___________________ Days from the Date hereof [except on Sunday, Christmas Day, and Good Friday, to be added, if necessary,] between the Hours of Nine in the Forenoon and Four in the Afternoon to enter (by Force, if needful,) and with or without the Aid of ___________________ the Valuer, or any other Person or Persons whom you may think requisite to call to your Assistance into and upon the said Encroachment or Inclosure, and to eject thereout any Person, and of the said Encroachment or Inclosure full and peaceable Possession to deliver to the said ___________________ [the Valuer]. Given under our Hands and Seals, this ___________________ Day of ___________________ To ___________________ and all other Constables and Peace Officers acting for the ______________________________________ District of ______________________________________

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