Blacktoft, Eastrington and South Cave (Yorkshire, East Riding) inclosure Act 1830

Publication Date:January 01, 1830
Blacktoft, Eastrington and South Cave (Yorkshire, East Riding) inclosure Act 1830

(11 Geo. 4 & 1 Will. 4) c. 13

An Act for inclosing Lands in the Townships of Blacktoft, Gilberdike, and Faxfleet, in the Parish of Parochial Chapelry of Blacktoft, and in the Parishes of Eastrington and South Cave, in the East Riding of the County of York.

[29th May 1830]

ANNO UNDECIMO GEORGII IV. REGIS. Cap. 13. An Act for inclosing Lands in the Townships of Blacktoft, Gilberdike, and Fawfleet, in the Parish or Parochial Chapelry of Blacktoft, and in the Parishes of Eastrington and South Cave, in the East Riding of the County of York. [29th May 1830.] W HEREAS there are in the Township of Blacktoft in the Parish or Parochial Chapelry of Blacktoft, in the Township of Gilber dike in the Parish of Eastrington, in Hive in the said Township of Gilberdike, and in the Township of Faxfleet in the Parish of South Cave, all in the East Riding of the County of York, certain Open Common Fields, Meadows, and Pastures, containing in the whole about Five hundred Acres : And whereas Joseph Simpson is the Impropriator of and entitled to all the Tithes of Corn, Grain, Wood, Wool, and Lamb arising, coming, growing, happening, and increasing upon, from, and out of so much and such Parts of the said Open Fields as are situate in the Township of Gilberdike, and also of all the ancient Inclosures in the said Township, except such Open Fields and ancient Inclosures as are situate in Hive in the said Township, and also except such Open Fields and ancient Inclosures as are situate in Sandholme in the same Township: And whereas the King's most Excellent Majesty, in right of His Crown, is Patron of the Vicarage of the Parish and Parish Church of Eastrington aforesaid j and Anthony Ward Clerk is Vicar of the said Vicarage and Parish Church, and as such is entitled to the Tithes of Hay and all Small Tithes [Private.] 5 a (except 370 lPGEORGII IV. Cap A3. (except Wool and Lamb) arising from and out of the said ancient Ioclo- sures and Open Fields in the said Township of Gilberdike r And whereas James Kirkpatrick and Jane his Wife, or One of them, in her Right, is or are the Impropriator or Impropriators of and entitled to all the Tithes of Corn, Hay, Wool, and Lamb arising, coming, growing, happening, renewing, and increasing upon, from, and out of all the Open Fields and certain ancient Inclosures in the said Township of Faxfleet, containing altogether about Three hundred and twenty-one Acres: And whereas Henry Gee Barnard Esquire is Patron of the Vicarage of the Parish and Parish Church of South Cave aforesaid; and Stephen Creyke Clerk is Vicar of the said Vicarage and Parish Church, and as such is entitled to the Tithe of Agistment and all Small Tithes (except Wool and Lamb) arising from and out of the said Open Fields and ancient Inclosures in the said Township of Faxfleet: And whereas Amaziah Empson Esquire, the Reverend Richard Empson, Thomas Clark Esquire, the said Joseph Simpson, and several other Persons, are respectively Owners and Proprie tors of the said Open Common Fields, Meadows, and Pastures in the said several Townships: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled 41G.3.C. 109. An Act for consolidating in One Act certain Provisions usually inserted in Acts of Jnclosure, and for facilitating the Mode of proving the several Facts usually required on the passing ofsuch Acts: And whereas another Act was passed in the First and Second Years of the Reign of His present Majesty 1 & 2 G. 4. King George the Fourth, intituled An Act to amend the Laws respecting c'23- the inclosing of Open Fields, Pastures, Moors, Commons, and Waste Lands in England : And whereas the Lands and Grounds of the respective Proprietors in the said Open Fields in the said several Townships lie intermixed, and the same are so circumstanced as to render the Cultivation and Management thereof in their present State very inconvenient; and it would tend greatly to the Advantage of the said several Proprietors if the said Open Common Fields, Meadows, and Pastures were divided and inclosed, and specific Parts thereof allotted to the several Persons interested therein, in proportion to their respective Rights and Interests: And whereas it would also be advantageous to the Parties interested therein if Compensation or Satisfaction were made for the Tithes arising from the said Open Common Fields, Meadows, and Pastures, and ancient Inclosures, herein-before mentioned, in the said Townships of Gilberdike and "faxfleet (except such Open Fields and ancient Inclosures as are situate in Hive in the said Township of Gilberdike, which are intended to remain titheable\ and also except such Part of the Open Fields and ancient Inclosurel as are situate in Sandholme within the said Township); but such beneficial Purposes 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 Appointment present Parliament assembled, and by the Authority of the same, Tha% sioner. 12rmS" John BeJl of Portin&n ^ the County of Tork, Gentleman, and his Successors, to be elected in manner herein-after mentioned, shall be and he and they is and are hereby appointed the Commissioner and Commissioners for dividing, allotting, and inclosing the said Open Common Fields* Meadows, and Pastures in the said several Townships, and for putting this Act and the said recited Acts into execution, subject to the Direc- 5 tions 11GE0RGII IV. Cap. 13. 371 tions herein contained, and also with and subject to the Powers, Regulations, and Provisions contained in the said recited Acts, except where the same are hereby varied and altered. II. And be it further enacted, That when and as often as the said Power to ap- Commissioner, or any other Commissioner to be hereafter appointed Pointnew by virtue of this Act, shall die, or refuse to act, or become incapacitated, 9oras" or neglect for the Space of Two Calendar Months to act as such Commissioner in the Execution of this Act, then and in such Case the Proprietors or Persons interested in the said Open Fields, Meadows, and Pastures hereby directed to be divided, allotted, and inclosed, or the major Part of them in Value, (such Value to be ascertained by the Land Tax Assessments of the said several Townships respectively,) who shall be present in Person, or by their respective Attornies or Agents duly authorized in Writing, at a Meeting to be called by Two or more of the said Proprietors for that Purpose, pursuant to at least Fourteen Days public Notice, (to be given by Advertisement to be inserted Twice in the Tork Herald, or in some other Newspaper printed and circulated within the said County of Tork, and also by Notice in Writing to be affixed on the principal outer Doors of the Parochial Church or Chapel of Blacktoft aforesaid, and of the Parish Churches of Eastrington and South Cave aforesaid,) by Writing under their Hands to appoint some fit and proper Person (not interested in the said Division, Allotment, and Inclo-sure) to be a Commissioner in the Place of such Commissioner so dying, refusing, neglecting, or becoming incapacitated to act as aforesaid; and every Commissioner, when so elected and appointed as aforesaid, shall, after taking the Oath prescribed in that Behalf, have the like Powers and Authorities for carrying this Act and the said recited Acts into execution, and shall be subject and liable to the like Rules, Regulations, and Restrictions, as if he had been originally nominated a Commissioner in and by this Act. III. And be it further enacted, That the said Commissioner shall and Appointment he is hereby authorized and required to appoint a Clerk to assist him in of clerk- the Execution of the Powers of this Act, and from Time to Time to remove such Clerk, and appoint another in his Stead, as to such Commissioner shall seem meet. IV. And be it further enacted, That John George Weddall of Selby in Appointment the County of Tork, Gentleman, Land Surveyor, shall be and he is of Surveyor. hereby appointed Surveyor for the Purposes of this Act and the said recited Acts; and that in case of the Death or Refusal or Incapacity to act of the said John George Weddall for the Space of Twenty Days after Notice from the said Commissioner, it shall be lawful for the said Commissioner to appoint some other fit and competent Person or Persons, not interested in the said Inclosure, to act as such Surveyor or Surveyors in the Room or Stead of the said John George Weddall: Provided always, that the said John George Weddall, or such other Person or Persons so to be appointed Surveyor or Surveyors as aforesaid, before he or they shall proceed to act as such Surveyor or Surveyors, shall take and subscribe an Oath, or, being a Quaker or Quakers, shall affirm in the following Form of Words; (that is to say,) /. A. B. 372 Surveyor's Oath.' llGEORGII IV. Cap.)3. ' T A. B. do swear, [or, being being one of the People called Quakers, do c *? solemnly affirm,] That I will faithfully, impartially, and honestly, dp, ' execute, and perform the several Duties incumbent on me as Surveyor by virtue of an Act passed in the Eleventh Year of the Reign of King George the Fourth, intituled [here insert the Title of this Act], according to the best of my Skill and Judgment, and without Favour or Affection, * Prejudice or Partiality, to any Person or Persons whomsoever. ' So help me GOD,' [Or, being one of thePeople called Quakers, omit the Words (So help me God.'] Old Surveys may be used. Which Oath or Affirmation the said Commissioner or any Justice of the Peace is hereby empowered to administer; and such Oath or Affirmation, and also the Writing appointing such Surveyor, shall be annexed to and inrolled with the...

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