New Forest Act 1949

4 Designation of lands entitled to rights of common. U.K.

(1) The Forestry Commissioners shall prepare a plan or plans designating the lands to which, in accordance with the register made in pursuance of the Acts of the fourteenth and fifteenth years of the reign of Queen Victoria, chapter M1 seventy-six and of the seventeenth and eighteenth years of that reign, chapter M2 forty-nine, are attached rights of common over the Forest, specifying in relation to the lands the rights attached thereto respectively.

(2) On completion of the preparation of any plan the Commissioners shall publish, in such manner as they may determine to be best suited for bringing them to the notice of persons concerned, advertisements stating that the plan has been prepared and places where it may be inspected, and copies thereof may be made, at all reasonable hours, and the time within which, and the manner in which, objections to anything shown or omitted on the plan may be made to the Commissioners.

(3) If any objection is duly made to a plan and not withdrawn, the Commissioners shall refer the objection to a surveyor nominated by the President of the Royal Institution of Chartered Surveyors, and the surveyor shall determine the objection and direct what alterations of or additions to the particulars shown on the plan are to be made in consequence of his determination.

(4) On the determination of all objections duly made, or if no objections have been duly made then on the expiration of the time for making objections, the Commissioners shall cause two copies of the plan, or of the plan as modified in accordance with any direction of the surveyor under the last foregoing subsection, as the case may be, to be prepared, and the copies shall be certified by two of the verderers, of whom one shall be the official verderer.

(5) The copies certified under the last foregoing subsection shall be conclusive for all purposes whether any, and if so what, rights of common over the Forest are attached to any land shown on the plan.

(6) One of the said copies shall be deposited and kept at the Public Record Office, and the other shall be kept at the office of the verderers and shall be available for inspection at all reasonable times on payment of such fee not exceeding [F1 5p] as the verderers may determine.

Textual Amendments

F1 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

Modifications etc. (not altering text)

C1 S. 4(2)–(4) extended by New Forest Act 1964 (c. 83), s. 2(3)

Marginal Citations

M1 1851 c. 76.

M2 1854 c. 49.