Exmoor Forest Act 1815

Publication Date:January 01, 1815
Anno Regni GEORGII III. Britanniarum Regis,Quinquagesimo Quinto. An Act for vesting in His Majesty certain Parts of the Forest ofExmoor otherwise Exmoor , in the Counties of Somerset and Devon ; and for inclosing the said Forest.

(55 Geo. 3) C A P. CXXXVIII.

[4th July 1815]

'WHEREAS The King's Most Excellent Majesty, in Right of His Crown, is seised to Himself, his Heirs and Successors, of the Forest or Chace ofExmoor otherwise Exmoor , situate in the Counties of SomersetandDevon , containing by Estimation Twenty two thousand four hundred Acres of Land, or thereabout, now lying open and uninclosed, subject to such Rights of Common and other Rights as the several Personshereinafter mentioned are entitled to, within, upon or over the said Forest; and His Majesty is also seised in His Demesne as of Fee, of and in a certain Farm calledSimons Bath Farm , situate within the said Forest, containing by Estimation One hundred and eight Acres Two Roods, which Farm is inclosed and separated and divided from the said Open and Uninclosed Lands: And Whereas the Whole of the said Forest is Extraparochial: And Whereas Sir Thomas Dyke Acland is or claims to be entitled to all Tithes arising, renewing and increasing within the said Forest: And Whereas the Right Honourable Henry George Earl of Carnarvon , the said Sir Thomas Dyke Acland Baronet, John Palmer Chichester Esquire Thomas Thornton Esquire, William Moggridge Stawell Clerk, and divers other Persons, are Owners or Proprietors of certain Estates in the Parishes of Hawkridge and Withy Poole , in the said County of Somerset adjoining to the said Forest, and as such Owners owe Suit and Service at the Swainmote Courts of The King's Most Excellent Majesty, held for and within the said Forest, and are called by the Names of Free Suitors , and by ancient and remote Custom are entitled to depasture annually on the said Forest certain Numbers of Sheep and Cattle, an to cut and take certain Quanties of Turf, Heath and Fern, for the Consumption of their Houses, and are also entitled to fish in the Rivers within the said Forest: And Whereas the Owners or Proprietors of certain old inclosed Tenements, situate within the several Parishes of Hawkridge and Withy Poole, Exford, Stockpero, Porlock Culbone, Oare, Brendon, Linton, Challacombe, Highbray, North Molton, Twitchin, Molland, Winsford, Dulverton, Luckham, Cutcombe, Wooton, Courtenay, Countesbury, West Anstey, East Anstey, Martinhoe, Charles, Bishops Nympton, East Buckland and Parracombe , or some of them, in the said Counties of Somerset and Devon , who have been accustomed or ought to pay Quit or Chief Rents to The King's Most Excellent Majesty, and who owe Suit and Service at the Swainmote Courts within the said Forest, have or claim to have a Right, for their respective Tenants or Occupiers of such old inclosed Tenements, to turn out and depasture their Sheep and Cattle upon the said Forest, upon Payment of certain Sums in respect thereof: And Whereas an Actwas passed in the Forty first Year of the Reign of His present Majesty, intituledAn Act for consolidating in one Act 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 the said Open and Uninclosed Lands, in their present State, are of little Value to His Majesty, or to the several Persons having such several Claims or Rights thereon as aforesaid; and it would be of great Advantage to His Majesty and the Public in general, and be advantageous to the several Persons having such Claims or Rights as aforesaid, if the said Forest were divided and specific Shares or Parts thereof were allotted to His Majesty, and the several Persons entitled to and interested in the same, under the Directions and subject to the Limitations and Restrictions in this and the said recited Act contained; but such beneficial Purposes cannot be effectually made and established 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 Hawkins of Kingsbridge , in the County of Devon , Gentleman, and Thomas AbrahamofWhite Lackington , in the County of Somerset , Gentleman, and their Successors, to be nominated and appointed in manner hereinafter mentioned, shall be and they are hereby appointed Commissioners for dividing, allotting and inclosing the said Forest, and for carrying into Execution the several other Purposes of this Act, in such manner as is hereinafter provided or mentioned, and with such of the Powers and subject to such of the Rules, Orders, Regulations and Restrictions contained in the said recited Act, as are not varied, altered or otherwise provided for by this Act.

S-II Commissioners sworn.

II Commissioners sworn.

II. And be it further enacted, That no Commissioner shall act in the Execution of any of the Powers by the said recited Act or this Act granted (save and except in the signing and giving Notice of the First Meeting of the said Commissioners) until he shall have taken and subscribed the following Oath, in addition to the Oath by the said recited Act directed to be taken, such Oathto be administered and inrolled in like manner as the Oath by the said recited Act prescribed to be taken by Commissioners for executing Acts of Inclosure is directed to be administered and inrolled: Which additional Oath shall be in the Words or to the Effect following; that is to say,

'IA. B. do swear [or , being one of the People called Quakers , do solemnly affirm], That I am neither Proprietor or Occupier of, nor to the best of my Knowledge am I concerned as Guardian, Steward or Agent for any Proprietor of Messuages, Houses, Cottages, Lands or Grounds, or other Person having or claiming any Right of Common, or any Manorial Rights, Tithes, or any other Right or Interest whatsoever, in, over or upon the Open Commonable Grounds and Waste Lands to be inclosed by virtue of an Act passed in the Fifty fifth Year of the Reign of King George the Third, intituled An Act [here insert the Title of this Act .]

So help me GOD.'

S-III Appointment of new Commissioners.

III Appointment of new Commissioners.

III. And be it further enacted, That in case the saidRichard Hawkins , or any Person to be nominated and appointed a Commissioner in his room or stead by virtue of this Act, shall die, refuse or neglect to act, or become incapable of acting as such Commissioner in the Execution of the said recited Act and this Act, then and in such case it shall be lawful for the Commissioners for the time being of His Majesty's Woods, Forests and Land Revenues, by any Writing under their Hands, within One Calendar Month next after such Death, Refusal or Incapacity to act as aforesaid shall be made known to them, to nominate and appoint a proper Person (not interested in the said intended Division and Inclosure) to be a Commissioner in the room or stead of the said Richard Hawkins , or of such other Person nominated and appointed in his room or stead, so dying, refusing, neglecting or becoming incapable to act as aforesaid; and so from time to time as often as any Commissioner to be nominated and appointed by the said Commissioners of His Majesty's Woods, Forests and Land Revenues as aforesaid, shall die, refuse, neglect or become incapable to act as such Commissioner in the Execution of the said recited Act and this Act; and in case the said Thomas Abraham , or any Person to be nominated and appointed in his room or stead by virtue of this Act, shall die, refuse, neglect or become incapable to act in the Execution of the said recited Act and this Act, then and in every such case the surviving or remaining Commissioner shall, within One Calendar Month next after such Death, Neglect, Refusal or Incapacity shall happen to be known to him, summon a Meeting (of which Meeting Twenty one Days' Notice by Advertisement shall be given in the Taunton Journal and Woolmer 's Newspaper, if then published, or if not, then in some other Newspaper usually circulated in the Neighbourhood of the said Forest) of all and every the Owners or Proprietors claiming such Rights as aforesaid, to be holden within Thirty Days from the Date of such Notice; and the major Part in Value of such Owners or Proprietors who shall be present in Person, or by their respective Agents or Proxies duly authorized for that Purpose, at such Meeting or Meetings (such Value, in case of any Difference or Dispute touching the same, to be ascertained by Reference to the Land Tax Assessments of the several Parishes or Places wherein the several Messuages, Lands, Tenements and Hereditaments shall lie, in respect whereof such Owners or Proprietors claim such Rights as aforesaid) shall and they are hereby required, at such Meeting, to nominate and appoint, by any Writing under their Hands, a proper Person or Persons (not interested in the said Division and Inclosure) to be a Commissioner in the room or stead of the said Thomas Abraham , or of such other Person to be nominated and appointed in the room or stead of him so dying, refusing neglecting or becoming incapable to act as aforesaid, and so from time to time as often as any such case shall happen; and every such Commissioner so to be nominated and appointed, shall, after taking and subscribing the Oath prescribed in that behalf, have the like Powers and Authorities for carrying the said recited Act and this Act into Execution, and shall he subject and liable to the like Rules, Regulations and Restrictions, as if he had been originally nominated a Commissioner in and by this Act.

S-IV If Commissioners of Woods, or Proprietors of Lands, &c. neglect to appoint new Commissioners within time prescribed, acting...

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