An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common

Whereas by the Inclosure Acts 1845 to 1868 upon the application and with the consent of such of the persons interested in any common . . . the Inclosure Commissioners are empowered by provisional order . . . to authorize the inclosure of such common, provided such inclosure is made on such terms and conditions as may appear to the Commissioners to be proper for the protection of any public interests, and provided also that the Commissioners are of opinion that such inclosure would be expedient, having regard as well to the health, comfort and convenience of the inhabitants of any cities, towns, villages or populous places in or near any parish in which the land proposed to be inclosed . . . may be situate (hereinafter included under the expression 'the benefit (sic) of the neighbourhood) . . .

10:--

(1)On making the application in respect of any common, the applicants shall furnish the … Commissioners in answer to questions previously submitted or otherwise in such manner as the … Commissioners may from time to time direct, with information bearing on the expediency of the application answered in relation to the benefit of the neighbourhood as well as to private interests.

. . .

(6) The . . . Commissioners shall take into consideration any application made to them as in this Act provided, and if satisfied by the information furnished to them as aforesaid, or by any further inquiries made by themselves or an Assistant Commissioner, that a prima facie case has been made out, and that, regard being had to the benefit of the neighbourhood as well as to private interests, it is expedient to proceed further in the matter, they shall order a local inquiry to be held by an Assistant Commissioner.

15:- . . . no town or village green shall be subject to be inclosed under this Act . . .