Hagley (Worcestershire) inclosure Act 1832

Publication Date:January 01, 1832
Hagley (Worcestershire) inclosure Act 1832

(2 & 3 Will. 4) c. 5

An Act for inclosing certain Commons or Tracts of Waste Lands called Harberrow and Blake-down Commons, in the Parish of Hagley in the County of Worcester.

[1st June 1832]

ANNO SECUNDO GULIELMI IV. REGIS. Cap. 5. An Act for inclosing certain Commons or Tracts of Waste Lands called Harberrow and Blake- down Commons, in the Parish of Hagley in the County of Worcester. [1st June 1832.] "W"TT THERE AS there are within the Parish of Hagley in the %/%/ County of Worcester certain Commons or Tracts of Waste T V Lands called Harberrow and Blakedown Commons, containing by Estimation Two hundred and thirty Acres or thereabouts: And whereas the Right Honourable William Henry Lord Ljttelton is Lord of the Manor of Hagley aforesaid, and as such is entitled to the Soil of the said Commons or Tracts of Waste Lands: And whereas Sir Edward Dolman Scott Baronet, Wade Browne, William Waldron, John Deeton, and other Persons, are Owners and Proprietors of Estates in the said Parish of Hagley, and are respectively entitled to Rights of Common and Pasturage in, over, and upon the said Commons or Tracts of Waste Lands: 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 4lG.3-c.109 http://4lG.3-c.109 . consolidating in One Act certain Provisions usually inserted in Acts of Inch- sure, 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, intituled An Act to amend the Laws respecting the in- i &2G 4. closing of Open Fields, Pastures, Moors, Commons, and Waste Lands in c. 23. England: And whereas the said Commons or Tracts of Waste Lands [Private.] fc fc are 130 Commissioner appointed. Power to elect future Commissioners. Commissioner to appoint a Clerk. Appointment of Surveyor. 2GULIELMI IV. Cap.*. are in their present State incapable of any considerable Improvement, and it would be advantageous to the several Persons interested herein if the same were divided, and specific Parts and Shares thereof allotted unto and amongst them according to their respective Rights and Interests therein, and if such Allotments were inclosed and held in Severalty; but such Division, Allotment, and Inclosure 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 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 Wyky of Admaston in the County of Salop, Land Surveyor, shall be and he is hereby appointed the Commissioner for dividing, allotting, and inclosing the said Commons or Tracts of Waste Lands, and for putting this Act in execution, subject to the Rules, Orders, Directions, and Regulations of the said recited Acts, which Acts shall be applied, deemed, and taken as Part of this Act, except only in such Cases as the same are hereby varied or altered. II. And be it further enacted, That if the said Commissioner, or any Commissioner to be appointed in his Stead, shall die, neglect or refuse to act or become incapable of acting as a Commissioner in the Execution of this Act, it shall be lawful for the major Part in Value (such Value to be ascertained by the Poor's Rate Assessment) of the Owners of or Persons interested in the said Commons or Tracts of Waste Lands hereby directed to be divided and inclosed, within Three Months next after such Death, Neglect, Refusal, or Incapacity shall be known, at a public Meeting to be called for that Purpose by any Two of the said Owners or Persons interested, (of which Meeting Ten Days previous Notice shall be given in the Parish Church of Hagley aforesaid, and inserted in One of the Newspapers published in the County of Worcester,') or as soon after as conveniently may be, by Writing under their Hands, to appoint a proper Person (not interested in the said Division and Inclosure) to be a Commissioner in the Room of the said William Wyley, and in the Room of any Commissioner so appointed in his Stead, who shall die, neglect or refuse to act or become incapable of acting as aforesaid; and every such future Commissioner so to be appointed shall have the like Powers and Authorities for putting in execution this Act and the said recited Acts as if he had been named a Commissioner by this Act. And be it further enacted, That the Commissioner for putting this Act in execution shall and may appoint some fit and proper Person^ to be his Clerk, to assist him in carrying this Act into execution, and from Time to Time remove such Clerk, and nominate some other fit and, proper Person to succeed him in such Office, as to the said Commissioner shall seem meet. And be it further enacted, That Jeremiah Mathews of Stout-bridge in the County of Worcester, Land Surveyor, shall be Surveyor for, the Purposes of this Act; and in case the said Jeremiah Mathews, or any \ Surveyor to be appointed in his Stead, in manner herein-after mentioned, ^ shall die, refuse or neglect to act or become incapable of acting, then, \ and from Time to Time as often as such Event shall happen, the said r Commissioner shall and he is hereby required, by Writing under hisf, i Hand. " 2tlGULIEIiMI:!VJ % .5. 1311 Hand, to appoint some other Person, not interested in the Ineiosttrej fo supply such Vacancy ; and every such Surveyor, for his Timb antliTt8&. ble, shall be allowed any Sum not exceeding One Shilling and SSgpaibe per Acre for surveying, measuring, and mapping or planning ttte ^kl Lands, or any Sum not exceeding Two Pounds and Two Shilliftgs^fcr each Day he may be actually and wholly employed in surveying, rif^t- suring, mapping or planning, attending the said Commissioner* of orM*- wise in the Business of the said Inclosure ; which said Stmt of ife Shilling and Sixpence per Acre, or of Two Pounds and Two ShtiliA|s per Day, shall be in full Satisfaction for such his Time and Trouble, arid for all travelling and other Expences of every Description to be incurred by such Surveyor in the Execution of this Act: Provided always,-that No Person no Person shall be capable of acting as a Surveyor in the Execution of to act as this Act until he shall have taken before the said Commissioner, who is Surveyor hereby empowered to administer the same, an Oath (or, being one of the "^Jj j*6 People called Quakers, an Affirmation,) to the following Effect; (that is taken an to say,) Oath. ' T do swear [or, being one of the People coiled 1 Quakers, do solemnly affirm], That I will faithfully and impartially, ' and according to the best of my Ability, execute the several Duties ' vested in and imposed on me as Surveyor under an Act passed in the ' Year of the Reign of His Majesty King William the Fourth, * intituled [here insert the Title of this Act\. So help me GOD.' [Or, being one of the People called Quakers, omit the Words ' So help me God.'] V. And be it further enacted, That out of the Monies which shall be Allowance raised for defraying the Expences of obtaining and passing this Act, and t0 Commis- executing the same and the said recited Acts, the said Commissioner ^?nfr and Clerk to be appointed by him as herein-before directed shall respec tively be paid, for each and every Day they shall travel or be employed in any Business relating to the Execution of this Act or the said recited Acts, during the first Three Years next after the passing of this Act, the Sum of Three Pounds and Three Shillings, and no more, and after the Expiration of the said Three Years, until the Powers granted by this Act shall be fully executed and performed, the Sum of Two Pounds and Two Shillings, and no more, for each and every Day they shall be respectively employed as aforesaid, in full Satisfaction for their Time and Trouble, and for the several Expences which they shall be put unto during their several Journies and Attendances in the Execution of this Act or the said recited Acts, other than and except the Expences for the Use of the Booms in which the Meetings shall be holden for carrying this Act and the said recited Acts into execution, and the Costs and Expences of drawing, copying, engrossing, and enrolling the Award of the said Commissioner, and of Notices and Advertisements. VI. And for regulating the Duration of all Meetings to be holden for For regulat- the Purposes of this Act, be it enacted, That a Day shall be deemed to ng the consist of Eight Hours in all Meetings to be held between the Twenty- 'n of fifth Day of March and the Twenty-ninth Day of September, and of Six Hours between the Twenty-ninth Day of September and the Twenty-fifth Dayof March, and that any Meeting to be holden for the Purpose^ this Act of less Duration than Eight Hours or Six Hours, as the Case may 132 Proprietors to pay their own Ex-pences at Meetings. 2GULIELMI IV. Cap. 5. may be, shall be charged as only Half a Day, and the said Commissioner and the said Clerk shall be paid accordingly ; and a Book shall be kept by the said Commissioner or his Clerk, in which shall be entered the several Days on which the said Commissioner shall hold his Meetings, and in such Book shall also be entered at what Hour the said Commissioner and his Clerk were present at such Meeting, and at what Hour they respectively left the same , and such Book shall be signed by the said Commissioner at the Termination of each Meeting, and shall be open to the Inspection of any Person or Persons interested in the said Inclosure, or his, her, or their Agents or Attornies, during all the Meetings to be held in pursuance of this Act; and all such Persons shall and may take Copies of or Extracts from such Book, without paying any thing for the same: Provided also, that it shall not...

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