Castle Island (Kerry) inclosure and allotment of lands Act 1824

Publication Date:January 01, 1824
Castle Island (Kerry) inclosure and allotment of lands Act 1824

(5 Geo. 4) c. 31

An Act for dividing, allotting, and inclosing certain Lands and Waste Grounds, called the Town and undivided Lands of Castle Island in the County of Kerry.

[17th June 1824]

ANNO QUINTO GEORGII IV. REGIS. **MHlHJMK|l*]|li )Mitl Cap. 31. An Act for dividing, allotting, and inclosing certain Lands and Waste Grounds, called the Town and undivided Lands of Castle Island in the County of Kerry. [17th June 1824.] W HEREAS there are, within the Parish of Castle Island in the County of Kerry., certain Lands and Waste Grounds, contain ing by Estimation One thousand and twenty Acres or there abouts : And whereas Henry Arthur Herbert of Muckruss in the said County, Esquire, Frances Crosbie and Mary Anne Crosbie, the Right Honourable Jane Lady Headley, William Meredith of Dick's Grove in the said County, Esquire, Richard Chute of Chutehall in the said County, and the Right Honourable William Townsend Lord Baron Ventry, are Owners and Proprietors of said Lands and Waste Grounds, and it would be advantageous to the said Owners and Proprietors, and all other Persons interested in the said Lands and Grounds, if the said Lands and Waste Grounds, and all other the Lands, Tenements, and Hereditaments called and known by the Name of the Town and Undivided Lands of Castle Island were divided, allotted, and inclosed : But as such Division, Allotment, and Inclosure 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, [JrW,.] k That Cotnmis-rioner. New Commissioner it) case of Death. 5*GEt)RGII iv, Uapimr that John fftggins of Shane Street in the Parish of Saint Luke Chelsea, m{ the County 01 Middlesex, Esquire, and his Successor and Successors, to be '. elected in manner hereinafter mentioned, shall be, and he and they is and are hereby appointed Commissioner or Commissioners for dividing, allot-ing, and inclosing the said Lands and Waste Grounds, and all other the Land.*, Tenements, and Hereditaments called and known by 'the, Name of the Town and Undivided Lands of Castle Island, and fop car. rying this Act into Execution. 1L And be it further enacted, That if the Commissioner herein; named, or any Commissioner or Commissioners to be appointed by virtue of this Act, shall, before the Execution of all the Powers and Authorities hereby vested in him or them, die, neglect or refuse to act, or become incapable of acting in the Execution of this Act, then and in every such Case it shall and may be lawful to and for the Owners and Proprie. tors for the Time being of the said Lands and Grounds, and all the Landi Tenements, and Hereditaments before mentioned, or the major Part or them, and they are hereby required at any Time and from Time to Time within Thirty Days next after such Death, Neglect, Refusal, or Incapacity shall be known to him or them, by Writing under their or his Hands. or Hand, to appoint another Person (not being interested in the said Division or Inclosure) to be a Commissioner in the Place of each Commissioner so dying, neglecting or refusing to act, or becoming incapable of acting; and every Commissioner so to be appointed as aforesaid shall, after taking the Oath herein mentioned, have the like Powers and Authorities for carrying this Act into Execution in all respects as if he had been sained and appointed a Commissioner in and by this Act. r: Notice of Meetings of Commissioner. Qualification o! Coinr.iij-siorter. HI. And be it further enacted, That the said Commissioner shall and he is hereby required to cause Notice in Writing of the Time and Place of his first and every other Meeting for the Execution of this Act, to be placed on the principal Door of the Parish Church of Castle Island, and to be inserted in Chute's Western Herald and Kerry Advertiser, if then published, and if not, then in some other Newspaper printed and circulated within the said County of Kerry, Ten Days at least before every such Meeting (Meetings by Adjournment only excepted), and such Commissioner may adjourn such Meeting to any Time and Place within the said Parish, or within Eight Miles thereof, which he shall think most convenient : Provided always, that no Person shall be capable of acting as a Commissioner in the Execution of this Act (except only in the Power hereby given of appointing the First Meeting) until he shall have taken the following Oath j (that is to say), 1 T A. B. do swear, That I will faithfully, impartially, and honestly, 4 examine into, hear, and determine all such Matters and Things as 4 shall be brought before me as a Commissioner, by virtue of an Act for ' dividing, allotting, and inclosing certain Lands and Waste Grounds, ' called the Town and Undivided Lands of Castle Island in the County ' of Kerry, and otherwise execute the Powers thereby in me reposed, 4 according to the best of my Skill and Judgment, and without Favour 4 oi Affection to any Person or Persons whomsoever. '(! ' IVJ ... t,a,, lfcwhich 5'GEORGII IV, CapSi. 683 Which Oath it shall and may be lawful to and for any Jiistice'of the Peace of the County of Kerry, and which he is hereby required to a&ninister to the said Commissioner. ? £ IV. And be it further enacted, That the said Commissioner shall be Allowance to allowed the Sum of Five Pounds Thirteen Shillings and Nine pence Irish 9oramls" Currency per Diem, and no more, for his Trouble and Expences in the Execution of this Act, in full Saiisfaction for his Trouble, Cofets, Charges, and Expences. V. And be it further enacted, That with all convenient Speed after survey to be the passing of this Act, a true and perfect Admeasurement of all the made, Lands and Waste Grounds, and all other the Lands, Tenements, and Hereditaments called and known by the Name of the Town and Uundiyided Lands of Castle Island, by this Act directed to be divided, allotted, and inclosed, shall be made and laid down as a Survey or Plan, by such Person or Persons (not interested in the said intended Division and Inclosure) as the said Commissioner shall appoint; and the said Plan or Survey shall contain and set forth the Number of Messuages, Cottages, Acres, Roods, and Perches, in Statute Measure, belonging to the several Owners or Proprietors respectively, and also the Number of Acres, Roods, and Perches contained in the said Lands and Waste Grounds, and said other Lands, Tenements, and Hereditaments, and shall be used by the said Commissioner as often as Occasion shall require; and the said Plan or. Survey, together with all other Acts, Matters, and Things to be done by the Person or Persons so to be appointed as aforesaid, shall be verified by his or their Oath (which Oath any Justice of the Peace of the said County is hereby empowered to administer), and the said Commissioner, and Surveyor, their Assistants and Servants, and all and every other Person or Persons employed by the said Commissioner shall, and he and they hereby has and have full and free Liberty and Power, at any Time before the Execution of the Award herein directed to be made by the said Commissioner, to enter into, view, examine, survey, admeasure, plan, and value the Lands and Grounds, and all other Lauds, Tenements, and Hereditaments, and to fix Stakes or Land Marks thereon, and to do all Matters and Things which shall in the Judgment of the said Commissioner be requisite for carrying this Act into Execution: Provided nevertheless, that if any Plan or Survey already made of the Lands and Grounds, and all other the Lands, Tenements, and Hereditaments before-mentioned, shall be produced and laid before the said Commissioner, of the Authenticity whereof he shall be satisfied, it shall and may be lawful to and for the said Commissioner to contract for and purchase the same, and to use or cause the same to be made use of by every Surveyor or Surveyors as aforesaid to be appointed by him. ; VL And whereas Disputes may arise touching the Boundaries of the Perambuia-said Lands and Waste Grounds, and all other the Lands, Tenements, f^f^0^ and Hereditaments before mentioned ; be it therefore enacted, That the par;sh. said Commissioner shall, and he is hereby required to perambulate the Boundaries of the said Lands and Waste Grounds, and all other Lands, Tenements, and Hereditaments before mentioned, and to cause Notice of such intended Perambulation to be inserted in the said Western Herald, if then published, and if not, then in some other Newspaper printed and m 5'GEORGII IV. (V31. Appeal to Sessions and circulated within the said County of Kerry, Ten Days at legstbefore the Time of such intended Perambulation ; and after the Expiration of the Time to be specified in such Notice, the said Commissioner is .hereby authorized and required to inquire inro, set out, and ascertain, fix and determine the Boundaries of the said Lands, Grounds, and oiher the Lands, Tenements, and Hereditaments' before mentioned, and within Thirty Days after the Determination of the said Boundaries to cause a Description of such Boundaries to be inserted in the said Western Herald if then published, and if not, then in some other Newspaper printed and circulated within the said County of Kerry: Provided always, that if any Person or Persons interested in the Determination of the said Commis-agajnstBoan- sjoner respecting the said Boundaries shall be dissatisfied with such Determination, such Person or Persons may appeal to the Justices of the Peace acting in and for the said County of Kerry, at any Quarter Sessions of the Peace to be holden within Four Calendar Months next after the Publication as aforesaid, of the Description of the said Boundaries, (the Party or Parties making such Appeal giving Ten Days Notice of such...

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