Bubwith and Hartlethorpe (Yorkshire, East Riding) inclosure Act 1832

Publication Date:January 01, 1832
Bubwith and Hartlethorpe (Yorkshire, East Riding) inclosure Act 1832

(2 & 3 Will. 4) c. 3

An Act for inclosing Lands in the Townships of Bubwith and Harlethorpe in the Parish of Bubwith in the East Riding of the County of York.

[23d May 1832]

ANNO SECUNDO GULIELMI IV. REGIS. **************************************************** Cap. 3. An Act for inclosing Lands in the Townships of Bubwitk and Harlethorpe in the Parish of Bubwith in the East Riding of the County of York. [23d May 1832.] W HEREAS there are within the Townships of Bubwith and Harlethorpe in the Parish of Bubwith in the East Riding of the County of York several Open Common Fields, Ings, Meadows, Pastures, Commons, and Waste Grounds, containing in the whole about One thousand seven hundred Acres: And whereas the Right Honourable Mary the Dowager Lady Stourton is Lady of the Manor of Bubwith with Harlethorpe, which extends over the whole of the said Two Townships, and as such entitled to the Soil of all the said Pastures, Commons, and Waste Grounds, and to all Royalties whatsoever to the same belonging, and is also Owner of several Balks dispersed in the said Open Fields, and of several Cottages and Buildings heretofore erected upon the said Waste Grounds: And whereas the Dean and Chapter of the Cathedral and Metropolitical Church of Saint Peter in York are the Owners or Impropriators of One Moiety or equal Half Part of all the Rectorial or Great Tithes arising within the said several Townships, and Henry John Dickens Esquire, or his Heir, is the Lessee thereof; and John Dunnington Jefferson Esquire is also the Owner or Impropriator of the other Moiety or equal Half Part of all the Rectorial or Great [Private.'] s Tithes 70 2GULIELMI IV. Cap.3. Tithes arising within the said several Townships: And whereas the King's most Excellent Majesty, in right of His Crown, is seised of and in one Mediety of the Perpetual Advowson, Right of Patronage, and Collation of, in, and to the Parish Church and Vicarage df Bubwith aforesaid; and the said Dean and Chapter are seised of and in the other Mediety of the Perpetual Advowson, Right of Patronage, and Collation of; in, and to the Parish Church and Vicarage of Bub- with aforesaid; and the Reverend John Wilkinson is Vicar of the said Vicarage and Parish Church, and as such entitled to all the Small Tithes arising within the said several Townships, and to certain Glebe Lands lying within the said Township of Bubwith; And whereas as well the said Dean and Chapter and the said John Dunnington Jef ferson, as also Francis Knyvett Leighton, Thomas Clark, Charles Weddall, Esquires, William Chaplin, Edward Charles Weddall, Richard Raines Savage, and several other Persons respectively are Owners or Proprietors of all the Messuages, Cottages, Frontsteads, Lands, and Grounds within the said several Townships: And whereas an Act was passed in the Forty-first Year of the Reign of His Majesty King 41G.3.C.109. George the Third, intituled An Act for consolidating in One Act cer tain Provisions usually inserted in Acts oflnclosure, and for facilitating the Mode of proving the several Facts usually required on the passing of such Acts: And whereas an Act was passed in the First and Second Years of the Reign of His late Majesty King George the Fourth, l & 2 G. 4. intituled An Act to amend the Laws respecting the inclosing of Open c. 23. Fields, Pastures, Moors, Commons, and Waste Lands in England: And whereas the Lands and Grounds of the respective Proprietors in the said Open Fields, Ings, and Meadows lie intermixed, and the same, and the said Pastures, Commons, and Waste Grounds, are sb circumstanced as to render the Cultivation and Management thereof in their present State inconvenient, and it would tend greatly to the Advantage of the several Proprietors thereof and Persons interested therein if the said Open Fields, Ings, Meadows, Pastures, Commons, and Waste Grounds were divided and inclosed, and specific Parts thereof allotted to the several Persons interested therein in propoitf tion to their respective Rights and Interests, and if Compensation £ Satisfaction were made for the Tithes arising therefrom, and also from the ancient inclosed Lands within the said several Townships of Bubwith and Harlethorpe; but such beneficial Purposes cannot Wi effected without the Aid and Authority of Parliament: May it thefie^ fore please Your Majesty that it may be enacted; and be it enacted* by the King's most Excellent Majesty, by and with the Advice an^l1 Consent of the Lords Spiritual and Temporal, and Commons, in thS' present Parliament assembled, and by the Authority of the sarae^ Commis- That John Ayer of Heslington in the said County of York, Gentlei sioners ap- marl) an(j jpiffiam Pilkington of Thorne in the said County of YorTc, pom e . Gentleman, (and their Successors to be appointed as herein-after* mentioned,) shall be and they are hereby appointed Commissioners' for dividing, allotting, and inclosing the said Open Fields, Ings, Meadows, Pastures, Commons, and Waste Grounds, and for putting^ this Act and the said recited Acts into execution, in the Manner and subject to the Rules, Orders, and Directions herein contained, m$ also with and subject to the Powers and Provisions of the said recite^ Acts, except where the same are hereby varied and altered. ,/i(* 5 II. And 3? GULI1LM1 Wi Gap.% n 11* And be it further enacted, That if the said John Ayer* or any For appoint-Other Commissioner to be appointed in bis Stead as herein-after ingnewCom-mentioned, shall die, or refuse to act, or become incapacitated, or missloners-neglect for the Space of Two Calendar Months to act as a Commissioner in the Execution of this Act and the said recited Acts,^before all the Powers, Authorities, and Trusts reposed and vested in, the said Commissioners shall be fully executed and performed, then and in every such Case the Proprietors or Persons interested in the said Open Fields, Ings, Meadows, Pastures, Commons, and Waste Grounds hereby directed to be divided, allotted, and inclosed (except, the Impropriators of the said Tithes in respect of such Tithes only), or the major Part of them in Value, such Value to be ascertained by the Land Tax Assessments of the said Townships of Bubwith and Harlethorpe, who shall be present in Person or by their respective Attornies or Agents at a Meeting to be held for that Purpose within Thirty Days after such Death, Refusal, Incapacity, or Neglect shall happen or be known, (of which Meeting Notice shall be given by any Three or more of such Owners or Proprietors, or their respective Attornies or Agents, by affixing such Notice on the principal outer Door of the Parish Church of Bubwith upon some Sunday before Divine Service, and causing the same to be inserted in the Newspaper called the Yorkshire Gazette, or some other Newspaper then printed or circulated in the said County, Fourteen Days at least before such Meeting,) shall and may by Writing under their Hands nominate, elect, and appoint a proper Person (not being interested in the said Inclo-sure) to be a Commissioner in the Place and Stead of the said John Ayer, or of any other Commissioner to be appointed in his Stead; and if the said William Pilkington, or any other Commissioner to be appointed in his Stead as herein-after mentioned, shall die, or refuse to act, or become incapacitated, or neglect for the Space of Two Calendar Months to act as a Commissioner in the Execution of this Act and the said recited Acts, before all the Powers, Authorities, and Trusts reposed and vested in the said Commissioners shall be fully executed and performed, then and in every such Case it shall be lawful for the said Dean and Chapter and John Dunnington Jfqfjerson, or the Impropriators of the said Tithes for the Time being, at any Time within Thirty Days next after such Death, Refusal, Incapacity, or Neglect shall happen or be made known to him or them, by Writing under his or their Hand or Hands to appoint any other Person (not being interested in the said Inclosure) to be a Commissioner for the Purposes of this Act and the said recited Acts in the Place of the said William Pilkington, or of any other Commissioner to be appointed in his Stead; but if the said respective Parties shall neglect to make such Appointment or Appointments as aforesaid, then and in every such Case the surviving or remaining Commissioner shall and he is hereby required forthwith, by any Instrument or Writing under his Hand and Seal, to appoint another Person (not interested in the Premises) to be a Commissioner for the Purposes of this Act and the said recited Acts in the Place and Stead of the Commissioner so dying, or refusing or neglecting to act, or becoming incapable of acting as aforesaid; and every Person so to be .appointed-a Commissioner as aforesaid shall take and subscribe the Oath or Affirmation prescribed by the said first-recited Act, and shall 72 2GULIELMI W. CapM shall thereupon have such and the like Powers and Authorities in all -respects for putting this Act and the said recited Acts into executwpi as if he had been named and appointed a Commissioner in and by this Act; which said several Instruments of Nomination and Aft-} pointment shall be enrolled in the same Place, and Evidence thereof given in the same Manner, as in and by the said recited Acts and this Act, or any of them, is directed concerning the Award to be made by the said Commissioners. Appoint- III. And be it further enacted, That the said Commissioners shall mem of (after having taken and subscribed the Oath or Affirmation prescribed Umpire. ^ ^ gaj^ f5rs^_recited Act, and before they proceed to any other Business touching the Execution of this Act,) and they are hereby authorized and required to nominate and appoint some fit and proper Persott (not interested in the said Division, Allotment, and Inclosure,) to be an Umpire between them; and in case such Person, or any other Person to be appointed as Umpire for...

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