Burtish Common (Worcestershire) inclosure Act 1822

Publication Date:January 01, 1822
Burtish Common (Worcestershire) inclosure Act 1822

(3 Geo. 4) c. 28

An Act for inclosing a certain Common or Tract of Waste Land called Burlish Common, in the Manor and Chapelry of Lower Mitton, in the Parish of Kidderminster, in the County of Worcester.

[24th June 1822]

ANNO TERTIO GEORGII IV. REGIS. Cap. 28. An Act for inclosing a certain Common or Tract of Waste Land called Burlish Common, in the Manor and Chapelry of Lower Mitton, in the Parish of Kidderminster, in the County of Wor- cester. [24th June 1822.] W HEREAS there is within the Manor and Chapelry of Lower Mitton, in the Parish of Kidderminster, in the County of Worcester, a certain Common or Tract of Waste Land, called Burlish Common, containing by Estimation Three hundred Acres or thereabouts: And whereas John Folliott Esquire is Lord of the Manor of Lower Mitton aforesaid, and as such is entitled to the Soil of the said Common or Tract of Waste Land, and to the Timber and Wood growing and standing thereon : And whereas the said John Folliott, the Right Honourable Thomas Lord Foley, D'Oyley, Jonathan Worthington, Samuel Crane, Samuel Swann, and several other Persons, are Owners and Proprietors of Estates in the said Manor and Chapelry of Lower Mitton, and are respectively entitled to Rights of Common of Pasturage in, over, and upon the said Common or Tract of Waste Land: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty, intituled An Act for consolidating in one Act iiG.S.cios. 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 an Act was passed in the First and Second Years of the Reign of His present Majesty, intituled An Act to amend the 1&2G. 4. [Private.] 6 £. Laws c-23. 486 3GEORGII IV. Cap. 28. Commis-ioner. Laivs respecting the inchsing of open Fields, Pastures, Moors, Commonst and , Waste Lands in England: And whereas the said,. Common or Tract of Waste Land is in its present State ihcapable f ny considerable Im-provement, and it would be greatly advantageous to the several Persons interested therein, if the same were divided, and specific Shares allotted to the several Proprietors thereof, in Heu of and in Proportion to their respective Estates, Rights, and Interests; but such Division and Allotment cannot be effectually made 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 Richard Court of Birmingham^ in the county of Warwick, Land Surveyor, shall be and he is hereby appointed the sole Commissioner for dividing, allotting, and inclosing the said Common or Tract of Waste Land, and for putting this Act in Execution, subject to the Rules, Orders, Direc tions, and Regulations of the said recited Acts; which shall be applied, deemed, and taken as Part of this Act, except only in such Cases as the same are hereby varied or altered. elect a future Commis- Power to II. And be it further enacted, That if the said Richard Courts or sioner. any Commissioner to be appointed in his Stead, shall die, neglect, or re-fuse to act, or become incapable of acting as a Commissioner in the Execution of this Act, it shall be lawful for the major Part in Value (such Value to be ascertained by the Poor's Rate Assessment) of the Owners of or Persons interested in the said Common or Tract of Waste Land hereby directed to be divided and inclosed, within Twenty Days next after such Death, Neglect, Refusal, or Incapacity shall be known, at a public Meeting to be called for that Purpose, by any Two of the said Owners or Persons interested, (of which Meeting Ten Days previous Notice shall be given in the Chapel of Lower Mitton aforesaid, and inserted in One of the Newspapers published in the County of Worcester,) or as soon after as conveniently may be, by Writing under their Hands, appoint a proper Person (not interested in the said Division and Inclosure) to be a Commissioner in the Room of the said Richard Court ; and in the Room of any Commissioner so appointed in his Stead, who shall die, neglect, or refuse to act, or become incapable of acting as aforesaid ; and every such future Commissioner so to be appointed shall have the like Powers and Authorities for putting in Execution this Act, and the said recited Acts, as if he had been named a Commissioner in and by this Act. Commis- III. And be it further enacted, That the Commissioner for putting this sione.rt0 Act in Execution shall and may appoint some fit and proper Person to Clerk? a t e n's Clerk, to assist him in carrying this Act into Execution, and from Time to Time remove such Clerk, and nominate some other fit and proper Person to succeed him in such Office, as to the said Commissioner shall seem meet. Appoint- IV. And be it further enacted, That William Womack, of the Parish of ment of a Salwarp, in the County of Worcester, Land Surveyor, shall be and he is Surveyor. fo^y appointeci Surveyor for mking such Survey, AdmeasureBient, br Plan, and for reducing the same into Writing, and specifying and setting ,'3*.GE0RGII IV. Cap.^S. W ftting forth such Particulars as are in that Behalf required, under and ty virtue of the said first recited Act; and in case he the said William Wamack shall die or refuse or neglect to act or be or become incapable of acting, the said Commissioner shall be and he is hereby authorized and .required forthwith to elect and appoint another Surveyor in his Stead, and so from Time to Time as often as any Surveyor for the Purposes of this Act shall die, or refuse or neglect to act, or be or become incapable of acting, and no Person shall act as such Surveyor until he shall have taken and subscribed the Oath or Affirmation following ; (that is to say,) '* 1 A. B. do swear [or, being oneofthe People called Quakers, do solemnly Oath. * affirm,] That I will faithfully, impartially, and honestly, according 1 to the best of my Skill and Ability, execute and perform the Duties '"' incumbent on me as a Surveyor, by virtue of an Act passed in the "' Third Year of the Reign of His present Majesty, intituled [here in- sert the Title ofthis Act], according to Equity and good Conscience, and without Partiality, Favour or AfFection, Prejudice or Malice to any Person or Persons whomsoever. So help me GOD.' Which Oath or Affirmation the said Commissioner is hereby authorized and required to administer ; and the said Oath or Affirmation so taken and subscribed by such Surveyor or Surveyors shall be annexed to the Award of the Commissioner. V. Provided always, and be it further enacted, That nothing in this Surveys of Act or the said first recited Act contained, shall extend to require the said Inclosures Commissioner, or any Surveyor or Surveyors, to be appointed by virtue not t0 be of this or the said recited Act, to make or cause to be made any directed by Survey, Admeasurement, or Plan of any of the inclosed Lands Or the Com- Grounds within the said Parish, unless the said Commissioner shall deem missioner. such Survey, Admeasurement, or Plan necessary or expedient for the Purposes of this Act or the said first recited Act. ans? VI. Provided always, and be it further enacted, That in all Cases where Surveys of any Map or Survey shall be produced to the said Commissioner which Inclosures shall appear to be incorrect, or which shall not be satisfactory to the said t0 1 "^ e Commissioner, or in case any Person or Persons, Body or Bodies Politic, pence 0f the Corporate, or Collegiate, clainiing any Allotment or AUotments in and Parties who upon the said Common or Tract of Waste Land, shall neglect or refuse fai5 t0 Pf0" to produce to the said Commissioner within Twenty-eight Days next ^uce sap,^ after Notice to him, her, or them for that Purpose given, sufficient and t0 thcCom satisfactory Maps, Surveys, or Admeasurements of his, her, or their missioner. respective inclosed Lands, in respect whereof he, she, or they shall claim to be entitled to any Allotment or AUotments under this Act and the said first recited Act, then and in either of such Cases it shall be lawful for the said Commissioner, and he is hereby required to make and take or cause to be made and taken by his said Surveyor Maps,Surveys, or Admeasurements of all such inclosed Lands, whereof no satisfactory Maps, Surveys, or Admeasurements shall be produced to him as aforesaid; and the Costs and Expences of such Surveys, Maps, or Admeasurements shall be borne and defrayed by the respective wners of such inclosed Lands^and be paid by them within Twenty-eight Days next after Demand thereof 488 Notice of Comrais-sioners' At-tendance. Meetings to be within Eight Miles of the Cha-pelry. 3GEORGII IV. Cap. 28. thereof made; and in Default of such Payment within the Time aforesaid, the said Commissioner shall, and he is hereby required to rate, charge, and assess the Owners of such inclosed Lands, and the Amount thereof, and the same shall be thereby efFectually charged on such inclosed Lands, and shall be recoverable in such and the like Manner as the Rate hereby directed or authorized to be made is directed to be recovered. VII. And be it further enacted, That the said Commissioner shall cause Notice to be given upon some Sunday immediately before Divine Service, by Writing, to be affixed upon the principal Door of the Chapel of Lower Mitton aforesaid, of the Time and Place of his First and every subsequent Attendance or Meeting for the Execution of this Act, or of the Powers contained in the said recited Acts, Ten Days at least before any such Attendance or Meeting, and shall also give the like Notice of such Attendances or Meetings by Advertisement, to be inserted in the Worcester Herald, or in some other...

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