Becca and Aberford (Yorkshire, West Riding) inclosure Act 1825

Publication Date:January 01, 1825
Becca and Aberford (Yorkshire, West Riding) inclosure Act 1825

(6 Geo. 4) c. 11

An Act for inclosing certain Commons or Moors and Waste Lands within the Manors of Becca and Aberford, in the Parish of Aberford, in the West Riding of the County of York.

[20th May 1825]

ANNO SEXTO GEORGII IV. REGIS. ***********************%****************+****&***** Cap. 11. 1 / An Act for inclosing certain Commons or Moors and Waste Lands within the Manors of Becea and Aberford, in the Parish of Aberford, in the West Riding of the County of York. [20th May 1825.] W HEREAS there are within the several Manors of Btcca and Aberford, both in the Township and Parish of Aberford in the West Riding of the County of Tork, certain Commons or Moors, called Becca Little Moor, and Aberford Moor, otherwise Brambam Moor, and other Waste Lands, containing together Four hundred and seventy Acres, or thereabouts: And whereas William Markham Esquire is or claims to be Lord of the Manor of Becca, and in right of the same Manor claims to be entitled to the Soil of the said Commons or Moors, called Becca Little Moor, and Aberford Moor, otherwise Brambam Moor: And whereas Richard Oliver Gascoigne Esquire is Lord of the Manor of Aberford aforesaid, and in right of the same Manor claims to be entitled to the Soil of a certain Piece or Parcel of Waste Land within such Manor, lying on the West Side of the Town of Aberford aforesaid, and adjoining the High Road there called the Green Hill, and also of certain other Pieces or Parcels of Waste Land within such Manor, lying on the East and West Sides of the Ferrybridge and Boroughbridge Turn pike Road, extending from the Toll Gate at the North End of Aberford aforesaid, in a northwardly Direction to a certain Place called the High Cross, which said several Pieces or Parcels of Waste Lands contain toge- [Private."] 3 ^ ther m 41G.3.C.109. 1&2G.4.C.23. Commissioner appointed. Power to elect a Dew Commissioner. 6GEORGII IV. Cap. 11. ther Ten Acres or thereabouts: And whereas the sMffiiliam Markbam and Richard Oliver Gascoigne, the Reverend James Lendon Clerk, and divers other Persons, are the Owners or Proprietors of Messuages, Cot-tages, Homesteads, Lands, or Grounds within the said several Manors of Becca and Aberford, or One of them, and in respect thereof are entitled to Rights of Common upon all the said Commons or Moors and Waste Lands: And whereas an Act was passed in the Forty-first Year of rite Reign of His late Majesty King George the Third, intituled An Act for consolidating in One Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of proving the several Facts usually required on the passing of such Acts: And whereas another Act was passed in the First and Second Years of the Reign of His present Majesty, intituled An Act to amend the Law respecting the inclosing of Open Fields, Pastures, Moors, Commons, and Waste Lands in England : And whereas the said Commons or Moors and Waste Lands, in their present State, are incapable of any considerable Improvement, but if the same were inclosed and divided, and specific Shares were allotted in Severalty unto and amongst the several Persons interested therein, in lieu of and in proportion to their respective Rights and Interest therein, the same would be more advantageous to them, and would be considerably improved; but such Advantage and Improvement cannot be effected without the Aid and^ Authority of Parliament: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That John Bower of Smeathalh near Ferrybridge in the said County, Gentleman, and his Successors, to be nominated and appointed in manner herein-after mentioned, shall be and he is hereby appointed the sole Commissioner for inclosing, dividing, and allotting the said Commons or Moors and Waste Lands, and for carrying this Act and the said recited Acts into Execution (except such Parts of the said recited Acts as are hereby altered, varied, or repealed), and tinder and subject to the Directions herein contained, and to such of the Rules, Orders, Regulations, Restrictions, and Directions contained in the said recited Acts as are not repugnant to, or varied or controlled by, or otherwise provided for by this Act. II. And be it further enacted, That if the said John Bower, or any Commissioner to be appointed as herein-after is mentioned, shall die, or refuse or neglect for the Space of Three Calendar Months to act, or shall become incapable of acting as a Commissioner in the Execution of this Act, at any Time or Times before the same shall be wholly or completely executed, then and in every such Case it shall be lawful for the major Part in Value (such Value to be ascertained by the Land Tax Assessment for the Township of Aberford aforesaid), of the Proprietors and Persons interested in the said Commons or Moors and Waste Lands, hereby directed to be divided and inclosed as aforesaid, or their known Agents or Attornies, who shall be present at a public Meeting to be held for that Purpose in Aberford aforesaid, in pursuance of a Notice to be given in Writing to be affixed upon the Door of the Parish Church of Aberford aforesaid, and also advertised in the weekly Newspapers hereinafter mentioned, at least Ten Days before such Meeting, and signed by any Two or more of the Proprietors and Persons interested as aforesaid, 5 bv 6'GEORGII IV. Gip.lL 191 by Writing under thar Hands, to appoint a fit Sid proper Person (n$' interested in such Division and Inclosure) to be a Commissioner in the Room and Stead of the Commissioner so dying, or neglecting or refusing, or becoming incapable to act as aforesaid ; and every such Commissioner so appointed as aforesaid, shall have the like Powers and Authorities hf putting into Execution this Act and the said recited Acts, as if he had been originally named and appointed a Commissioner in this Act; III. And be it further enacted, That the said Commissioner shall havs Commis- Power and he is hereby authorized to appoint One or more fit and Sl0.ner t0 aP" proper Person or Persons to be his Clerk or Clerks, for assisting him in orClerks"" carrying this Act and the said recited Acts into Execution j and SUch Clerk or Clerks from Time to Time to remove, and to nominate arid appoint some other fit and proper Person or Persons to succeed nim or them in such Office, as to the said Commissioner shall seem meet. IV. And be it further enacted, That the said Commissioner shall cause Commis- a Notice, specifying the Time and Place of his first Meeting for executing sione? to this Act, to be affixed to the Door of the Parish Church of Aberford f/J^JJj? aforesaid, on some Sunday before Divine Service, Ten Days at least before Meetihr. such Meeting ; and it shall be lawful for the said Commissioner to adjourn his Meetings without giving any public Notice as he shall see Occasion ; and all Meetings to be held in pursuance of this Act or the said recited Acts shall be held within the said Parish of Aberford. V. And be it further enacted, That the said Proprietors, their Solicitor! Proprietors and Agents, shall pay their own Expences when they or any of them shall t0 Pa7tteir attend the said Commissioner or the Surveyor on any Business relating to own , J * *-* pences. this Act or the said recited Acts. VI. And be it further enacted, That the Notices by the said recited other No- Acts required to be given in some public Newspaper or Newspapers, shall rices. be given in the Tork Herald and Leeds Intelligencer, or either of them; or in some other Newspaper published in the City of Tork, or at Leeds,'m the said County of Tork. VII. And be it further enacted, That all Orders and Proceedings of the Proceedings said Commissioner shall be entered in a Book or Books to be provided } b^ntk for that Purpose, and shall be signed by such Commissioner; and such Book, and the Entries therein of such Orders respectively, shall be at all Times accessible to all Parties interested in the Lands or Grounds hereby directed or intended to be divided and allotted, and may be read in Evidence in all Suits or Actions concerning any thing done in relation to or in execution of this Act. VIII. And be it further enacted, That if any Dispute or Difference shall Commis- arise between any of the Parties interested, or claiming to be interested in sioner em- the intended Division, Allotment, or Inclosure of the Lands or Grounds J"*^^0 hereby directed to be divided and allotted, touching or concerning any differences; Right or Rights of Common, or touching or concerning their respective Rights and Interests in the said Lands and Grounds, or the respective Shares and Proportions which they or any of them shall have or claim io have therein, or touching or concerning any Allotment to be made in lieu thereof, or touching or concerning any other Matter or Thing relating to tht 192 but not to determine Titles. Commissioner empowered to award Costs in certain Cases. Persons dissatisfied may have recourse to a Court of Law, and try their Rights within a given Time. 6'GEORGII IV. Cap.ll. the said Division, Allotment, or Inclosure, it shall be lawful for the sail Commissioner, and he is hereby authorized and required, by Examination of Witnesses upon Oath or Affirmation (which Oath or Affirmation the said Commissioner is hereby empowered to administer), or upon any other proper and sufficient Inquiry, Evidence, and Information, to hear and determine the same: Provided that nothing herein contained shall autho-rize or empower the said Commissioner to determine the Title to any Messuages, Lands, Tenements, or Hereditaments whatsoever, nor to determine any Right between any Parties contrary to the Possession of any such Parties (except in Cases of Encroachments made...

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