Carmarthen Fisheries Act 1804

Cited as:1804 c. xxxiii
Jurisdiction:UK Non-devolved
Leavening Inclosure Act 1804

(44 Geo. 3) c. xxxiii

An Act for inclosing Lands in the Township of Leavening in the Parish of Acklam in the East Riding of the County of York

[3 May 1804]

ANNO QUADRAGESIMO QUARTO GEORGII III. REGIS. Cap. 33- An A& for inclofing Lands in the Townfhip of Lea vening in the Farifh of Acklam in the Eaft Riding of the County of York. [3d May 1804.] HERE AS there is within the Townfhip of Leavening in the Parifh of Mklam in the Eaft Riding of the County of York, a certain Open and Stinted Pafture calfed the Wold, which contains about Three hundred Acres, and there are alio certain Common and Wafte Lands in the faid Townfhip which contain about Ten Acres : And whereas Dig by Legard Efquire and John Lockwood% Gentle man, as Truftees under an Aft of Parliament pafied the laft Seflion, for vcfting certain Pares of the fettled Eftates of Richard Langley Efquire, in Truftees. for the Purpofes in the faid Adt mentioned, are Lords of the Manor of Leavening aforefaid: And whereas Henry Forjler Mills,, Clerk, is Chancellor of the Cathedral and Metropolitical Church of Saint Peter of Yerk* and is alfo Patron of the Vicarage of Acklam aforefaid: And whereas John Simp/on, Clerk, is Vicar of the Vicarage of Acklam afore faid : And whereas the faid Henry Forfier Mills as Chancellor as aforefaid, and the faid John Simffon as Vicar as aforefaid, are refpeaively entitled to a l Manner of Tithes, both Great and Small, growing, renewing, or ant ins within the Townfhip of Leavening aforefaid: And whereas the faid Digby Legard and John Lock-wood, as Truftees as aforefaid, are Lefiees for Lives of the Tithes due to the laid Henry Forfier Mills as aforefaid : And whereas the faid Divby Legard and John Lockwood, as Truftees as aforefaid, ILoc. £5? Per/} K Elizabeth 498 440 GEORG1I III. Cap. 33. Elizabeth Dealtry, Widow, the Heirs of John Bell Efquire, and Richard Kirby, Gentleman, and feveral other Pcrfons are entitled to Rio[Us of Common in the (aid Open and Stinted Pafture and Common and Wafte JLands : And whereas an A£t was pafled in the Forty-firft Year of the Reign of His prefent Majefty, intituled, An Aft for confolidaiin? in one Aft certain PrKovifions u/ually Anferted in /ifts of Inclofurc, and for facili tating the Mode Gf proving the feveral Fafts ufually required on the pajjinz of fuch yJfts : And.whereas the faid Open and Stinted Pafture and Com mon and WafteJ^ands are fo circumftanced, render the Cultivation and Management thereof, in .their prefent State, inconvenient, and it would tend greatly to the Advantage of the feveral Proprietors thereof and all Perfons interefted therein, if the faid Open and Stinted Pafture and Common and Wafte Lands were divided and inclofed, and fpecific Parts thereof allotted to the .feveral Perfons interefted therein, in nm- portion to their refpe&ive Rights and Interefts, and a Satisfadtion made for the Tithes arifing within the Townfhip of Leavening aforefaid; but fuch beneficial Purpofes cannot be effe&ed without the Aid and Autho rity of Parliament: May it therefore pleafe your Majefty, That it may be enabled, and be it enabled by the King's Moft Excellent Majdtv, by and with the Advice and Confent of the Lords Spiritual and Tem poral, and Commons in this prefent Parliament affernbled, and by the Commiffion- Authority of the fame, That William Whitelock of Brotherton in the cr* faid-County of Tork% Gentleman, and his SuccefTors to be appointed in Manner hereinafter mentioned, fball be, and he is hereby appointed, the CommifTiOner for dividing and allotting the faid Open and Stinted Pafture and Common and Wafte Lands within the Townfhip of Leavening af'ore-faid, and for carrying the feveral other Purpofes of this A ft into Execution, fubjedt to the Regulations of the iaid recited A£t, except in fuch Cafes where.the fame are hereby varied or altered. Appoint- II. it further enadted, That if the faid Wi/liam Whitelock (hall, mem of a before the Execution of all the Powers and Authorities hereby vefted in ne.^.Coni" him, die, refufe, or become incapacitated to a£t, then and in every fuch nw ion r. cafe it fhall be lawful for the faid Henry Forjler Mills or his Succeil rs Chancellors of the faid Church, within Sixty Days next after fuch Death, Refufal, or Incapacity, (hall be made known to him by Notice in Writing from any One of the Perfons interefted in the faid Open and Stinted Failure and Common and Wafte Lands, which he is hereby authorized to give, to appoint a new Commiffioner not interefted in the faid Inclofurc, in the Stead of the faid PVilliam Whitelock, and fo as often as any Commiffioner to be appointed in the Room or Stead of the faid William Whitelock fhall die, refufe, or become incapacitated to a£t; and every fuch Appointment of a new Commiffioner fhall be reduced into Writing and figncd by the Perfon or Perfons making the fame, and every Commiffioner fo to be appointed and chofen fhall have the like Powers and Authorities for putting this Aft in Execution in all Refpefts whatfoever, as the Commiffioner, in whole Place lie fhall have been fo appointed and chofen, was inverted with by virtue of this Aft ~, and in cafe no Appointment of a Commiffioner fhall be made by the faid Henry Forjter Mills or his SuccefTors, within the Time aforefaid, then a new Commiffioner, not interefted in the faid Divifion and Inclofurc, fhall be chofen in the Stead of the faid William Whitelock by a Majority in Value of the Proprietors of or Perfons interefted in the Lands and Grounds hereby 44*GE.ORGlI III. Cap.3Z. 499 hereby intended to be divided and inclofed, who (hall be prefent at a Meeting to -be called for that Purpofe within Fourteen Days next after the Expiration of rhe Sixty Days hereinbefore allowed to the faid Henry Forfter Mills for the Appointment of fuch Commiffioner as aforefaid. IN. And be it further ena&ed, That the faid Commiffioner fhall, and Notice of heis hereby required to give Notice in the Newfpaper calk d the York Cour ant, Meetings. or in fome other Newfpaper circulated in the Neighbourhood of Leavening aforefaid, and alfo in the Parifh Church of Acklam aforefaid, upon fome Sunday^ immediately after Divine Service, or by Writing to be affixed upon the principal outer Door of the fame Church, of the Time and Place of the Firft and every fubfequeht Meeting for executing the Powers hereby, and by the faid reciced Act, vefted in him, at lead Ten Days before any fuch Meeting (hall be held (Meetings by Adjournment only excepted), fo as fuch Place of Meeting, whether by Adjournment or otherwife, do not exceed the.Diftance of Eight Miles from the Parifh Church of Acklam aforefaid 5 and the faid Commiflioner (hall and may adjourn the Meeting from Time to Time as he fhall fee Occafion, for the due Execution of this or the faid recited Aft. IV. And be it further ena£ted, That all other Notices necefTary or re- Other No- quilite to be made -and given by the faid Commiffioner, fhall be fo made tices, how and given by Advertifcment in the faid Newfpaper called the York Cou~ to be given. ranti or in cafe the fame fhall not be then publifhed, then in fome other Newfpaper printed or circulated in the faid County of York* V. And be it further enafted, That in cafe any Difpute or Differ- Commiflioa- ence fhall arife between any of the Parties interefted or claiming to be 55*ofettlc interefted in the faid intended Divifion, Allotment, and Inclofure, touch- *r ing or concerning the refpedtive Shares, Rights, or Interefts, which they or any of them fhall have or claim to have in or to the Lands and d ounds hereby directed to be divided and inclofed, or touching or concerning the refpeftive Shares or Allotments which they or any of them ought to have of or in the fame, it fhall be lawful for the faid Commiffioner, and he is hereby authorized and required to examine into, hear, and determine the fame ; Provided always, That nothing herein contained fhall authorize the faid Commiflioner to determine the Tide to any MefTuages, Cottages, Lands, or Hereditaments whatfoever. VI. And be it further enadled, That in cafe the faid Commiflioner fhall, power to upon the Hearing and Determination of any Claim or Claims, Objection aflefs Coftr. or Objections, to be delivered to him in purfuance of this or the laid re cited A£t, fee Caufe to award any Cofts, it fhall be lawful for the faid Commiflioner, and he is hereby empowered, upon Application made to him for that Purpofe, to fettle, affefs, and award fuch Cofts and Charges as he fhall think realonable co be paid to the Party or Parties in whofe Favour anv Determination of the faid Commiffioner fhall be made, bv the Perfon or Perfons whofe Claim or Claims, Objection or Objections, fhall be thereby difallowed or overruled ; and in cafe the Perfon or Perfons who fhall be liable to pay fuch Cofts and Charges, (ball neglect or refufe to pay rhe fame on Demand, then and in fuch Cafe it fhall be lawful for the faid Commiffioner, and he is hereby authorized and required, by Warrant under his Hand dirc&ed to any Perfon svhomfoever, to caufe fuch Cofts and 5oo 44GEORGII III. Cap. 33* and Charges to be levied by Diftrefs and Sale of the Goods and Chattels of the Perfon or Perfons fo neglecting or refufing to pay the fame, render ing the Overplus (if any) upon Demand to the Perfon or Perfons whofe Goods and Chattels (ball have been fodiftrained and fold, after deduairvr the Cods and Charges attending fuch Diitrefs and Sale. Allowing VII. Provided always, and be it further ena£ted, That in cafe any Perfon Panics to or y erfons interefted or claiming to be interested in the faid intended Di trv their ^^.*.4 *_j i Rights by an vifion and Inclofure, fhall be dilfatisried vviih any Determination of the faid Iflueat Law. CommifTioner touching or concerning any Claim or Claims of any Rights of Common or Interelt in, over, or upon the Lands and Grounds hereby directed to be divided and inclofed, or any Part thereof...

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