Gazeley (Suffolk) inclosure Act 1838

Publication Date:January 01, 1838
Gazeley (Suffolk) inclosure Act 1838

(1 & 2 Vict.) c. 18

An Act for inclosing Lands in the Parish of Gazeley in the County of Suffolk.

[4th July 1838]

ANNO PRIMO & SECUNDO VICTORLE REGIN^E **********************#*******?********************** Cap. 18. An Act for inclosing Lands in the Parish of Gazeley in the County of Suffolk. [4th July 1838.] w [Private.'] HEREAS there are in the Parish of Gazeley in the County of Suffolk divers Open and Common Fields, Commons, Heaths, Commonable Lands, and Waste Grounds: And whereas Samuel Farmer Esquire is Lord of the Manor of Desning with its Members, and in respect thereof is or claims to be entitled to the Soil of the said Commons, Heaths, and Waste Grounds: And whereas Mary Burroughes Widow is Lady of the Manor of Boviles in the said Parish of Gazeley, and in respect thereof is or claims to be entitled to the Soil of such of the said Commons and Waste Grounds as are within the said Manor of Boviles; And whereas Sir Robert Affleck Baronet is or claims to be entitled to the Manor of the Rectory of Gazeley in the said Parish of Gazeley: And whereas Sir Digby Mackworth Baronet, the Right Honourable Charles Redolphus Lord Clinton, the Reverend Samuel Wood* field Paul Clerk, and Digby Mackworth Esquire, Trustees for Sale named in the Will of Sir James Affleck Baronet, are seised of the Impropriate Rectory of the said Parish of Gazeley, and entitled to the Great Tithes of such Parish: And whereas the Reverend George Howes Clerk is Vicar of the Parish of Gazeley : And whereas the said Samuel Farmer^ Mary Burroughes, Sir Robert Affleck, the Trustees named in the Will of Charles Hammond deceased, John Wellsman, Timothy Richard Holmes9 John Wilson, and divers other Persons are Proprietors of the said Open and Common Fields, Commons, Heaths, Commonable Lands, and Waste Grounds; and the Lands of the respective Proprietors lie much dispersed 6 n and 510 1 & 2 VICTORIA, CapAS. and intermixed, and some of the said Proprietors are or claim to be entitled to Rights of Sheep Walk, Common of Pasture for their Cattle, and other Rights in, over, and upon the said Open and Common Fields, Commons, Heaths, Commonable Lands, and Waste Grounds: And whereas an Act was passed in the Forty-first Year of the Reign of His 41G.3.C.109, 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 the Mode of proving the several Facts usually required on the passing of such Acts : And whereas another Act was passed in the First and Second Years of the Reign of His late Majesty King George the Fourth, l & 2G. 4. intituled An Act to amend the Laws respecting the Inclosure of Open and c. 23 Moor sioners And whereas it would be advantageous to the Persons entitled to the said Open and Common Fields, Common Heaths, Commonable Lands, and Waste Grounds if the same were divided and allotted unto and amoqgst them according to their respective Rights and Interests therein, and inclosed and held in Severalty; but the several Purposes cannot be effected without the Authority of Parliament: May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament Appointment assembled, and by the Authority of the same, That John Josselyn of of.Commis- Sproughion in the County of Suffolk, Gentleman, John West of Little Bowden in the County of Northampton, Gentleman, and John Isaacson of Clare in the County of Suffolk, Gentleman, and their Successors, to be appointed in manner herein-after mentioned shall be and they are hereby appointed Commissioners for. dividing, allotting, and inclosing the said Open and Common Fields, Common Heaths, Commonable Lands, arid Waste Grounds, and for carrying this Act into execution, subject to the Rules, Orders, and Regulations in this Act contained, and also subject to the Rules, Orders, and Directions contained in the said recited Acts, except such as are by this Act varied or altered. Two Com- II. And be it further enacted, That all Matters and Things to be done missioners ancj executed by the said Commissioners in the Execution of this Act may act. ancj ^ ^-j rec;te(j ^ts g^^j an(j may fce £one and executed by all the Commissioners for the Time being, or any Two of them ; and all Acts, Matters, and Things which shall be done and executed by. any Two of the said Commissioners for the Time being shall be as good, valid, and effectual, to'all Intents and Purposes whatsoever, as if the same had been done and executed by all the said Commissioners. F Commission- III. And be it further enacted, That no Person shall be capable of erstomakea acting as Commissioner in the Execution of this Act until he shall Declaration. jiaye macje ancj subscribed the Declaration following; (that is to say,) ' T A.B. do solemnly and sincerely declare, That I will faithfully, im- * partially, and honestly, according to the best of my Skill and Ability, execute and perform the several Trusts, Powers, and Authorities vested ' and reposed in me as a Commissioner by virtue of an Act passed in the ' Year of the Reign of Queen Victoria, intituled [_here ' set forth the Title of the Act\ according to Equity and good Conscience, and without Favour or Affection, Prejudice or Partiality, to any Person ' or Persons whomsoever.' And 1 & 2 VICTORIA, Cap.lS. 511 And such Declaration shall be in lieu of and as a Substitution for the Oath or Affirmation required by the said recited Act of the Forty-first Year of the Reign of King George the Third to be taken and subscribed by Persons acting as Commissioners in the Execution of any Act for dividing, allotting, or inclosing any Lands or Grounds; and such Declaration, when duly made and subscribed, shall be to all Intents and Purposes as valid and effectual as the Oath or Affirmation in lieu whereof it shall have been so made and subscribed, Words. IV. And be it further enacted, That where in this Act any Word is Imerpreta- used importing the Singular Number or Masculine Gender only, such t,on of Word shall be understood to include several Matters as well as one Matter, several Persons as well as one Person, and Females as well as Males; and where the Word "Corporation" shall be used, the same shall be un derstood to mean any. Body Politic, Corporate, or Collegiate, Civil or Ecclesiastical, Aggregate or Sole; unless in any pf the Cases aforesaid it be otherwise specially provided for, or there be something in the Subject or Context repugnant to such Construction. future Com missioners. V. And be it further enacted, That in case the said John Josselyn* John For the Ap- West9 and John Isaacson* or any or either of them, shall, before the Powers Pintment of and' Trusts reposed in the said Commissioners shall have been fully executed, neglect or refuse to act, or become incapable of acting in the Execution of this Act, a new Commissioner or new Commissioners shall. be nominated and appointed in manner following; that is to say, if the said John Josselyn shall die, neglect or refuse to act, or become incapable of acting as aforesaid, it shall be lawful for the Lord or Lady of the aforesaid Manor of Desning with its Members for the Time being, by Writing under his or her Hand, to nominate and appoint One other fit and proper Person, not interested in the Division, Allotment, and Inclosure, to be a Commissioner in the Place of the said John Josselyn ; and if any Commissioner or Commissioners who shall be appointed in the Place of the said John Josselyn shall die, neglect or refuse to act, or become incapable of acting as aforesaid, such future Vacancy shall be filled up in like Manner by the Lord or Lady of the said Manor of Desning with its Members for the Time being; and if the said John West shall die, neglect or refuse to act, or become incapable of acting as aforesaid, it shall arid may be lawful to.and for the said Sir Robert Affleck^nd the Lord arid Lady for the Time being of the said Manor of the Rectory of Gazeley, by any Writing under his or her Hand, to appoint One other fit and proper Person, not interested, in the said Division, Allotment, and Inclosure, to be a Commissioner in the Place of the said John West* and so from Time to Time as often as any Commissioner so to be appointed by the said Sir Robert Affleck shall die, neglect or refuse to act, or become incapable of acting .as aforesaid ; and if the said John Isaacson shall die, neglect or refuse to act, or become incapable of acting as aforesaid, it shall be lawful for the major Part in Value of the several Persons interested in the Lands and Grounds to be divided, allotted, and inclosed by virtue of this Act (except the Lords and Ladies of the said Manors of Desning with its Members and the Rectory of Gazeley for the Time being),'such Value to be ascertained by the Land Tax Assessment, who shall by themselves or their respective Agents or Attornies, duly authorized by Writing under their Handsi attend a Meeting to be appointed for that Purpose in the Parish 512 P & 2 VICTORIA, Cap, 1& Parish of Gaxeky aforesaid, or at some Place within the Distance of Ten Miles; from the Parish, in pursuance of Notice to be given by any One or more of the said Proprietors by Advertisement in some Newspaper published or generally circulated in the said County of Suffolk, and also in Writing to be affixed on One of the principal or outer Doors of the Parish Church of Gazeky aforesaid, at least Fourteen Days before such Meeting,; by Writing under their respective Hands to appoint some other fit Person (not interested in the said Division, Allotment, and Inclosure) to be a Commissioner in the Place of the said John Isaacson, and so from Time to Time as often as any future Vacancy shall happen by any such Death, Neglect, Refusal, or Incapacity as aforesaid of every future...

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