Eye (Northamptonshire) inclosure and exoneration from tithes Act 1820

Cited as:1820 c. 16
Jurisdiction:UK Non-devolved
Eye (Northamptonshire) inclosure and exoneration from tithes Act 1820

(1 Geo. 4) c. 16

An Act for inclosing Lands within the Parish of Eye, in the County of Northampton; and for exonerating the same from Tithes.

[30th June 1820]

ANNO PRIMO GEORGII IV. REGIS. Cap. 16. An Act for inclosing Lands within the Parish of Eye, in the County of Northampton; and for exonerating the same from Tithes. [30th June 1820.] W HEREAS there are within the Manor and Parish of Eye, in the County of Northampton, divers Open and Common Fields, Arable Lands, Meadows, Pastures, Commons, and Waste Grounds, containing together by Estimation Eight hun dred Acres, or thereabouts; and also certain ancient inclosed Lands estimated to contain One thousand eight hundred Acres, or there abouts : And whereas the most Honourable Brorvnlow Marquis of Exeter is Lord Paramount of the Hundred of Nassaburgh, in the County of Northampton, in which Hundred the said Lands do lie, and as such is entitled to or interested in the Soil of a certain Tract of Land called Eye Green, within the Parish of Eye aforesaid: And whereas the Right Reverend Herbert Lord Bishop of 'Peterborough, in Right of his See, is Lord of the said Manor, and as such claims to be entitled to or interested in the Soil of the said Commons and Waste Grounds; and John Southwell, Gentleman, is Lessee thereof: And whereas the said Lord Bishop of Peterborough, in Right of his said See, is Impropriator of the Impropriate Rectory of Eye afore said, and in Right thereof is entitled to the Great and Small Tithes [Private.'] 4 m arising, 1GE0RGII IV. Cap. 16. arising, growing, and renewing within the titheabl* Places of the said Parish of Eye; and also entitled to certain Moduses or Compositions in lieu of Tithes of other Lands in the said Parish ; and John Tank of Eye aforesaid, Farmer, is Lessee of the said Tithes: And wliereas the said Lord Bishop, in Right of his said See^ is also entitled to certain ancient inclosed Farms, Lands, and Hereditaments within the Parish of Eye aforesaid, having Right of Common in, over, and upon the Commons and Waste Grounds witfcra the said Parish; and the said John Southwell and Daniel Swift, WftUam George Porter, and AnneSwanson his Wife, and William James Smith, are Lessees thereof: And whereas the most Noble John Duke of Bedford is entitled to the Manor or reputed Manor, Messuage, and ancient inclosed Farm called Eyebury, within the said Parish of Eye, and Edward Knipe Esquire, is entitled to the Manor or reputed Manor, Messuage, and ancient inclosed Farm of Tanholt, within the said Parish, respectively having Right of Common in, over, and upon die Commons and Waste Grounds within the said Parish: And \*hefeas the said John Southwell, John Panic and Mary Cox, WilUam James Smith, WilUam Swift, William Pank, John Moore, and divers other Persons, are respectively Owners and Proprietors of the several other Messuages, Cottages, and Tenements, ancient inclosed Lands, Open Fields, Arable, Meadow, and Pasture Lands, within the Parish of Eye aforesaid: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled An Act for consolidating in one Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating tlie Mode of proving the several Facts usually required on the passing of such Acts: And whereas the said Common Fields, Arable, Meadow, and Pasture Lands lie intermixed and dispersed, and are inconveniently situated for the respective Owners and Occupiers thereof; and the said Commons and Waste Grounds yield but little Profit, and in their present State are incapable of any considerable Improvement, and it would be very advantageous if the said Arable, Meadow, and Pasture Lands, and also the said Commons and Waste Grounds were to be divided and inclosed, and specific Shares thereof allotted unto and amongst the several Persons interested, in proportion and according to their respective Estates, Rights, and Interests; but as such Division and Inclosure and Allotment cannot be effected without the Authority of Parliament: May it 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 William Custance of Cambridge, in the County of Cambridge, Gentleman, and his Successor, to be elected ift Manner herein-after mentioned, shall be and he is hereby appointed a Commissioner for dividing, allotting, and inclosing the said Open and Common Fields, Common Meadows, Pastures, and all other Commonable Lands and Waste Grounds in the said Parish of Eye, and for putting this Act into Execution, subject to the Provisions of the said recited Act, except in such Cases where the same are hereby varied or altered. n. And 2 1 GEORGII IV, %, 16. m II. And he it further enacted, That if the said W\Mm distance For appoint-shall die, neglect, or refuse to act, or be rendered, jncapabje of acting £fn*ranj^.w as a Commissioner in the Execution of this Act, then and in such si0ner. Case it shall and may be lawful for the major Part in Value (such Value to be ascertained according to the Land Tax Assessments forthe said Parish of Eye), of the Owners and Proprietors of the Lands and Grounds hereby directed to be divided, allotted, and inclosed, after such Death, Neglect, Refusal, or Incapacity shall happen and be known to them, to give Notice thereof in Writing to the said Lord Bishop of Peterborough, or his known Agent, who shall within Twenty-one Days next after such Notice, by Writing under his Hand, or under the Hand of his known Agent, nominate and appoint another Person (not interested in the said intended Division and Inclosure), to be a Commissioner in the Room and Stead of the said William Custance, and so from Time to Time, as often as any Commissioner to be appointed in pursuance of this Act shall die, neglect, or refuse to act, or become incapable of acting as aforesaid; but in case the said Lord Bishop of Peterborough shall neglect or refuse to nominate and appoint such Commissioner in the Place and Stead of the said William Custance, or any other Commissioner to be appointed in pursuance of this Act so dying, neglecting, refusing, or becoming incapable of acting as aforesaid, within Twenty-one Days next after such Notice or Notices shall have been given as aforesaid, then and in such Case it shall and may be lawful to and for the major Part in Value of the said Owners and Proprietors of the Lands and Grounds hereby directed to be divided, allotted, and inclosed, to give Notice thereof to the other Owners and Proprietors of the said Lands and Grounds in the Newspaper called Tlie Limola, Rutland, and Stamford Mercury, or in case the same shall not be then published, in some other Newspaper usually circulated in that Part of* the County. of Northampton where the Lands to be inclosed lie, and also by Notice in Writing to be affixed on the Principal Outer Door of the Chapel of Eye, upon a Sunday, immediately before Divine Service; and in such Notice shall appoint a Time and Place (within the Limits hereby appointed for holding the said Meetings generally, for the Purposes of the said intended Division and Inclosure) for the said Owners and Proprietors to meet, within Twenty-one Days next after such Notice, for the Appointment of another Person (not interested in the said Division and Inclosure), in the Place and Stead of the said William Custance, or any other Commissioner to be appointed in pursuance of this Act j and such Owners and Proprietors who shall by themselves or their known Agents, or Persons duly authorized by Writing, attend such Meeting, shall and may by Writing under their Hands appoint another Person (not interested in the said intended Division and Inclosure), to be a Commissioner in the Place and Stead of the said William Custance, and so from Time to Time, as often as the said Lord Bishop shall neglect or refuse to appoint a Commissioner in the Stead of any Commissioner to be appointed by virtue of and in pursuance of this Act, so dying, neglecting, refusing, or becoming incapable of acting as aforesaid; and every Commissioner so to be nominated and appointed shall have the same Powers and Authorities of acting in the Execution of this and the said recited Act as the said William Custance, or the Commissioner in whose Place 324 No Commis-ioner to act as Surveyor. l'GEORGII IV. Cap.U. Place or Stead he shall succeed was vested with, and every Appointment of a new Commissioner shall be enrolled at the same Time and in the same Place with the Award or Instrument of the Commissioner acting in the Execution of this Act. III. Provided always, and be it further enacted, That no Person acting as a Commissioner in the Execution of this or the said recited Act, shall act as a Surveyor for the Purposes thereof during the Time he shall be a Commissioner. Survey to be mads. Old Surrey mar be used. ^rreyor to take an Oath IV. And be it further enacted, That a Survey of the ancient in closed Lands and Hereditaments within the said Parish of Eye* and a Survey and Admeasurement of all the Homesteads, and of so much of the Lands and Grounds hereby directed to be divided and inclosed, as in the Judgment of the said Commissioner shall be re quisite or necessary for the Purposes of this Act or the said recited Act, shall be made by Edward Arden of Morton, in the County of Lincoln, Land Surveyor, who is hereby appointed Surveyor for the Purposes of this and the said recited Act; and in case of his Death or Refusal to act, then the said Commissioner shall by Writing under his Hand from Time to Time appoint some other fit and proper Person to be Surveyor for the Purposes aforesaid. Provided always, and be it further enacted, That in case the said Commissioner shall be satisfied with the Accuracy of any...

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