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Inclosure Act 1846

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VIAward may be made by Assistant Commissioner, subject to Approval of Commissioners, in certain Cases of intermixed Copyhold, Customary, or Freehold Lands.

And be it enacted, That where any Copyhold or Customary Land shall be intermixed or held or occupied together with Land, of Freehold Tenure, or with Copyhold or Customary Land held of another Manor, or under other Customs or Titles, and such Copyhold or Customary Land cannot be identified by the Description thereof on the Rolls of the Manor, and the Situation or Boundaries of such Freehold and Copyhold or Customary Land respectively shall be unknown or unascertained, whether such Lands shall or shall not be subject to be inclosed under the said recited Act, and whether any Proceedings for an Inclosure shall or shall not be pending, it shall be lawful for the Commissioners, upon the Application in Writing of the Persons interested in such Lands, and with the Consent of the Lord or Lords of the Manor or respective Manors of which such Copyhold or Customary Land shall be holden, by Order under their Seal, to appoint and authorize an Assistant Commissioner or any other Person to award and declare what Part of the Lands so intermixed or held or occupied together shall be and be deemed Copyhold or Customary Land and Freehold Land respectively, or shall respectively be held of each such Manor or under each of such Customs or Titles respectively, or to determine and declare the Situation and Boundary thereof, as the Case may require ; and such Assistant Commissioner or other Person shall frame a Draft Award, declaring which Parts of such Lands so intermixed or occupied should in his Judgment be or be deemed Copyhold or Customary Lands, for or in lieu of the Copyhold or Customary Land or several Copyhold or Customary Lands passed by the Description or several Descriptions in the Court Rolls, and for and in lieu of such Freehold Land respectively, with a Map or Plan annexed thereto ; and the Commissioners may, if they think fit, make such Inquiries in relation to the Matter of such Draft Award or any Part thereof, and cause the same to be revised by such Assistant Commissioner or other Person ; and in case such Draft Award, without or after such Revision as aforesaid, shall appear satisfactory to the Commissioners, they shall cause the same to be engrossed, and to be signed by such Assistant Commissioner or other Person, and shall approve the same under their Seal; and from and after such Approval the Land described in such Award shall be and be deemed of such Tenures, and to be held of such Manor and under such of the said respective Customs or Titles, as therein declared, and shall be subject to the same Services, Uses, Trusts, and Charges as the Lands in respect of which they shall be awarded respectively; and a Copy of such Award shall be delivered to the Lord of the Manor or of each Manor to which the same may relate, or his Steward, and shall be kept with and deemed Part of the Court Rolls.

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