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Inclosure Act 1846

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VIIIBoundaries of Leaseholds may be declared in Award setting out Boundaries of Copyhold or Customary Lands.

And be it enacted, That where any Land held by Lease for Years or for Life or Lives shall be intermixed with or held or occupied together with, or shall be alleged to be intermixed with or to be held or occupied together with, other Land, and by reason of the Description of the Parcels in such Lease being general and indefinite, or inapplicable to the actual Condition of the Property, or otherwise, the Quantity, Situation, or Boundaries of such Leasehold Land cannot be ascertained, or Differences or Disputes shall have arisen concerning such Quantity, Situation, or Boundaries, (whether such Land 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 such Application as herein-after mentioned, in and by any Order under their Seal, to authorize or to appoint and authorize any Assistant Commissioner or other Person to award and declare what Part of the Lands so intermixed or held or occupied together, or alleged to be intermixed or held or occupied together, shall be and be deemed to be the Land held under such Lease, or to determine and declare the Quantity, Situation, and Boundaries thereof, as the Case may require; and any such Authority) or Appointment and Authority, as last aforesaid, may be inserted in any Order which, shall also relate to Copyhold or Customary Land, or may be made and given by separate Order, as the Case may require; and the Assistant Commissioner or other Person so authorized shall insert a Declaration in his Draft Award, or shall frame a Draft Award, as the Case may require, in like Manner as herein-before provided in the Case of Copyhold or Customary Land, being intermixed or held or occupied as aforesaid; and the Provisions herein-before contained for Inquiries in the Matter of a Draft Award concerning Copyhold or Customary Land, and the Revision thereof, and the Ingrossment, Execution, and Approval thereof, shall apply to a Draft Award and the Declarations in a Draft Award concerning such Leasehold Land as aforesaid; and from and after the Approval of the Award concerning such Leasehold Land the Land which shall be thereby declared to be or to be deemed Leasehold Land shall be and be deemed to be held under such Lease, according to the Indent of the Declaration therein contained: Provided always, that every such Order which shall authorize such Assistant Commissioner or other Person to proceed as aforesaid in relation to any such Leasehold Land shall be made upon the Application in Writing of the Person who if the Lease had not been granted would have been the Person interested in the Land therein comprised, and also of the Lessee or Assignee of such Lease, and of such Sub-lessees and other Persons as would have been Persons (alone or jointly with any other Person) interested in the Land comprised in such Lease, and upon the Application also of the Person interested in the Land with which such Leasehold Land shall be intermixed or held or occupied, or alleged to be intermixed or held or occupied.

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