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Chapter any time after the confirmation of the Order, at the in- Board of XXX.
Trade. stance of any railway company or of any person giving twenty-one days' notice to the railway company, the Board has the power of making amendments in it, and these amendments take effect after publication in the Gazette. VII. In addition to the Provisional Orders, already Railways.
(1) Under the Railway Companies Powers Act, 1864 ; 2
· 33 & 34 Vict. c. 19.
3 31 & 32 Vict. c. 119, s. 38.
Board of connected with existing railways; and (d) for the incor. Chapter Trade.
XXX. poration of a company for the purposes of the Act. Railways VIII. Under the Railways (Electrical Power) Act, 1903, (Electrical Power).
"the Board of Trade, upon the application of a rail.
way company, may make an Order authorizing the intro-
and duties of The Inclosure Commissioners 4 (who had
I. Under the Commons Act, 1876:5 (1) for the regula-
1 3 Edw. VII. c. 30.
52 & 53 Vict. c. 30. 3 3 Edw. VII. c. 31.
• The earliest attempt to provide, by a general law, for the objects usually sought by the promoters of private bills, was that of “The Inclosure Act, 1801." By that Act several provisions which had been usually inserted in each Act of inclosure were consolidated, and the necessary proofs before Parliament were facilitated when such Acts were applied for: but the necessity of applying for separate Acts of inclosure was not superseded. In 1836, & general law, “The Inclosure Act, 1836," was passed to facilitate the inclosure of open and arable land; and in 1845, “ The Inclosure Commissioners” were constituted, to whom many of the powers previously exercised by Parliament were
entrusted under this and numerous other Acts usually cited together as the Inclosure Acts ; of these the most important is the Commons Act, 1876 (vide text), the Acts of 1801 and 1836 being repealed in 1899 by the 62 & 63 Vict. c. 30, s. 23 and sched.
39 & 40 Vict. c. 56.
The term “ regulation "includes "adjustment of rights” and “improvement of a common," and these terms again are particularly explained by the Act. The Act also contains elaborate provisions for the protection of public and private interests, including rules for the guidance both of the persons making the application and of the department in making the Provisional Order, notably in the latter case for holding a public inquiry on the spot by an assistant commissioner,
Chapter or parts of a common. The application for the Order is Board of
senting at least one-third in value of the interests pro-
II. Under the Metropolitan Commons Acts, 1866 to 1898 : 3 for making a scheme for the local management and improvement of a metropolitan common, on the presentation of a memorial by the lord of the manor, by any commoners, by certain local authorities, or by twelve or more ratepayers of the parish in which the common is situated. After certain preliminaries required by the Act of 1866, the scheme may be approved and certified by the Board, who make an annual report to Parliament in which is set forth in full every scheme certified during the past year and all the proceedings held in connection with it; and the confirming bill, if a petition be presented against the scheme, is treated as an opposed private bill. By the Act of 1866, no application for the inclosure of a metropolitan common can be entertained by the department.
| 134 C. J. 29. 170; 153 ib., 79; &c.
2 153 C. J. 126. 134. 183; ib. 213. 214. 268; &c.
3 29 & 30 Vict. c. 122; 32 & 33 Vict. c. 107; 41 & 42 Vict. c. 71 ; 61 & 62 Vict. c. 43.
Board of III. Under the Land Drainage Act, 1861:1 (1) for Chapter Agri
XXX. culture. putting in force the powers of the Lands Clauses Acts Drainage. ce for the compulsory purchase of lands required for “the
construction of new works" defined in the Act, on the
IV. Under the Thames Valley Drainage Act, 1871:4
V. Under the Sea Fisheries Acts, 1868 and 18845 the
Board of Agriculture and Fisheries, exercising powers
1 24 & 25 Vict. c. 133, s. 21, et seq.
+ 34 & 35 Vict. (Local and Per-
s 31 & 32 Vict, c. 45, Part III.; 47 & 48 Vict. c. 27.
“This transfer of powers was effected by the Act of 3 Edw. VII. c. 31.
: 40 & 41 Vict. c. 42, s. 7.
8 48 & 49 Vict. c. 70, s. 11 ; and 50 & 51 Vict. c, 52, s. 2 (3).
9 36 & 37 Vict, c. 71, ss. 49 & 50.
Chapter exercising powers formerly vested successively in the Board of
Under the Municipal Corporations Act, 1882,2 as The Privy amended in certain details by the School Boards Act
Municipal 1885:8 where a petition for a charter of incorporation is Corporareferred to a Committee of Council, and it is proposed to extend the Municipal Corporation Acts to the borough to be created, the Committee of Council may settle a scheme for the adjustment of the powers, property, &c., of the existing Local Authority, and this scheme, if unopposed, may be confirmed by an Order in Council. But if, within a month after its publication by the Department, it is opposed by any Local Authority whom it affects, or by a certain proportion of the owners and ratepayers, the scheme, if the Committee of Council think that it should be confirmed, is submitted to Parliament in a bill and treated in the same way as a Provisional Order. And London this procedure is also prescribed mutatis mutandis in the e case of certain schemes settled by the same Department 1899. under the London Government Act, 1899.5
in the Govern
1 For transfer of powers, see 49 & 50 Vict. c. 39, s. 3; 3 Edw. VII. c. 31.
2 45 & 46 Vict. c. 50. Part XI. and Sched. VII.
3 48 & 49 Vict. c. 38.
4 Cf., e.g., Municipal Corporations (Scheme Confirmation) Bills, 1886 and 1905, 141 C. J. 237. 252. 288; 160 ib. 122; &c.
562 & 63 Vict. c. 14, ss. 15, et seq.; and cf. London Government Scheme (Borough of Southwark) Confirmation Bill, 1902 (157 C. J. 192. 217. 263); and London Government Scheme (London and Middlesex) Bill, 1905, Minutes of Evidence, 4th July, before the Committee (H, C.) on Group J. 1905.