Hessay (Yorkshire) inclosure, allotment of land and tithes exoneration Act 1828

Cited as:1828 c. 3
Jurisdiction:UK Non-devolved
Hessay (Yorkshire) inclosure, allotment of land and tithes exoneration Act 1828

(9 Geo. 4) c. 3

An Act for inclosing, dividing, and allotting, and for exonerating from Tithes, Lands within the Township or Territories of Hessay, in the Parish of Moor Monkton in the County of the City of York.

[26th March 1828]

ANNO NONO GEORGII IV. REGIS. *#*************#**#**4i**#******#***#***#* Cap, 3. An Act for inclosing, dividing, and allotting, and for exonerating from Tithes, Lands within the Township or Territories of Hessay, in the Parish of Moor Monkton in the County of the City of York. [26th March 1828.] W HEREAS there are within the Township or Territories of Hessay, in the Parish of Moor Monkton in the County of the City of York, several Open Fields, Meadows, Pastures, Com mons, and Waste Lands, containing together by Estimation Six hundred Acres or thereabouts: And whereas the King's most Excellent Majesty, in Right of His Crown, is Patron of the Rectory and Parish Church of Moor Monkton; and the Reverend William French Doctor in Divinity is Rector thereof, and as such is entitled to all the Tithes, both Great and Small, arising within the said Township of Hessay, or to some Composition or Payments in lieu thereof: And whereas William Nottingham Esquire, and Elizabeth Faivcett and Ann Fawcett, as Coheiresses, are or claim to be joint Lord and Ladies of the Manor of Hessay, within the Township and Parish aforesaid ; and the said William Nottingham, Elizabeth Fawcett, and Ann Faivcett, and divers other Persons, are or claim to be respectively the Ownersor Proprietors of and entitled to Rights of Common and other Rights in and over the Open Fields, Meadows, Pastures, Commons, and Waste Lands aforesaid : And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled^ Act for 41G.3x.109 http://41G.3x.109 . consolidating in one Act certain Provisions usually inserted in Acts of Inclosure, [Private.] j and 34 9GE0RGII IV. Cap.3. Application of Powers of General Inclosure Acts to this Act. 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 present Majesty King George 1&2G.4.C.23. the Fourth, intituled An Act to amend the Laws respecting the inclosing if Open Fields, Pastures, Moors, Commons, and Waste Lands in England: And whereas the Lands and Grounds of the several Owners or Proprietors, in the said several Open Fields, Meadows, and Pastures in the said Township or Territories of Hessay, lie intermixed and dispersed, and it would be of great Advantage to the several Persons interested therein, if all the said Open Fields, Meadows, and Pastures, and also the said Commons and Waste Lands, were inclosed and divided, and specific Allotments made to the respective Proprietors thereof and Persons interested therein, in proportion to their several and respective Estates, Rights, and Interests therein, and if all Tithes arising within the said Township of Hessay were extinguished, and Compensation made for the same; but the several beneficial Purposes aforesaid 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, That the said recited Act passed in the Forty-first Year of the Reign of His late Majesty, and all and every the Powers, Provisions, Exemptions, Penalties, Forfeitures, Payments, Remedies, Matters, and Things therein contained, (save and except such Parts thereof as are expressly varied, altered, or repealed by the said recited Act passed in the First and Second Years of the Reign of His present Majesty,) and also the said recited Act passed in the First and Second Years of the Reign of His said present Majesty, and all and every the Powers and Provisions therein contained, shall respectively, so far as the same respectively are applicable to this Act, and as are not hereby varied, altered, or repealed, or otherwise provided for, be as good, valid, and effectual to all Intents and Purposes for carrying this Act into Execution, as if the same had been respectively repeated and re-enacted in the Body of this Act. Appointment of Commis- sioner. II. And be it further enacted, That John Singleton of Great Givendak in the County of Tork, Gentleman, and his Successors, to be elected in manner herein-after mentioned, shall be and is and are hereby appointed the Commissioner and Commissioners for inclosing, dividing, and allotting the said Open Fields, Meadows, Pastures, Commons, and Waste Lands, and for carrying the other Purposes of this Act and die said re* cited Acts into Execution. Appointment of Commissioners on Vacancies. III. And be it further enacted, That if the said John Singleton, or any Commissioner to be appointed in his Stead as herein-after mentioned, shall die, or refuse or neglect for the Space of Two Calendar Mondis to act, or become incapable of acting, before the Powers hereby vested in him or them shall be executed and fulfilled, then and so often as any of the said Events shall occur a public Meeting of the several Persons who for the Time being shall respectively be interested in the said Lands and Grounds hereby intended to be divided, allotted, and inclosed, shall be called by any Two or more of such Persons, and be held within Thirty Days next after such Death, Refusal, Neglect, or Inapacity as aforesaid, 5 (of 9GE0RGII IV. Cap/6. 35 (of which Meeting at least Ten Days previous Notice shall be given in the Parish Church of Moor Monkton aforesaid, and inserted in Two of the Newspapers published in the City of Tork,) and the Proprietors then and there assembled, or the major Part of them in Value (such Value to be ascertained by the Land Tax Assessment for that Year), or their respective Agents or Solicitors duly authorized by Writing under the Hands of such respective Proprietors, shall and may nominate, elect, and appoint some other Person not interested in the said Division, Allotment, and Inclosure, or Tithes, to be a Commissioner in the Room of such Commissioner so dying, refusing or neglecting to act, or becoming incapable to act as aforesaid; and every Person so to be appointed shall have the same Powers and Authorities in all respects to act in the Execution of this Act as if he had been originally named a Commissioner in this Act; and every such Appointment shall be deposited with the Award of the Commissioner, and shall also be enrolled in the Register Office at Wakefield, in manner herein-after described with respect to the said Award. IV. And be it further enacted, That John Ayer of the City of Tork, Appointment Land Surveyor, shall be and he is hereby appointed Surveyor for the Pur- of Stl",eyor' poses of this Act and the said recited Acts; and in case of the Death, Neglect, Refusal, or Incapacity to act of the said John Ayer, then from Time to Time, as often as any such Event shall happen, the said Commissioner shall and he is hereby required, by Writing under his Hand, to nominate and appoint some other fit and proper Person not interested in the said Division, Allotment, and Inclosure, or Tithes, to succeed to such Office in the Room or Stead of every such Surveyor so dying, neglecting, refusing, or becoming incapacitated to act as aforesaid; and out of the Money to be raised for putting this Act into Execution, as herein-after mentioned, to allow the said John Ayer, or any future Surveyor to be appointed as aforesaid, for his Time and Trouble, any Sum not exceeding One Shilling and Sixpence per Acre for surveying, measuring, mapping, or planning the said Open Fields, Meadows, Pastures, Commons, and Waste Lands, or any of the ancient inclosed Lands within the said Township or Territories of Hessay, or any Sum not exceeding Two Pounds and Two Shillings for each and every Day he shall be actually and wholly employed either in surveying, measuring, mapping, or planning, or otherwise in the Business of the said Division and Inclosure; which Sum of One Shilling and Sixpence per Acre, or Two Pounds Two Shillings per Day, shall be in full Satisfaction for such his Time and Trouble, and for all travelling and other Expences of every Description to be incurred by such Surveyor in and about the Execution of this Act: Provided nevertheless, that no Person so to be appointed shall act as a Surveyor nc^ Surveyor in the Execution of this Act until he shall have taken and t0 act unti] subscribed the following Oath, which Oath it shall be lawful for the Jj| JjrtJ*6" Commissioner for the Time being, and he is hereby required to administer ; (that is to say,) ' T do swear, [or being one of the People called Quakers, Oath. . do solemnly affirm], That I will faithfully, impartially, 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 Surveyor by virtue of an Act passed in the Ninth Year of the Reign 36 Appointment of Clerk. Notice to be given of Meetings. Other Notices how to be given. Meetings to be held within Eight Miles from Hessay. Proprietors to pay their own Ex-pences. Proceedings tobeentered. 9GEORGII IV. Cap.3. 1 of His present Majesty King George the Fourth, intituled [here set forth 1 the Title of this Act,~] according to Equity and good Conscience, and * without Favour or Affection, Prejudice or Partiality, to any Person or ' Persons whomsoever. So help me GOD.' [Or being a Quaker, omit the Words l So help me God.'] V. And be it further enacted, That it shall and may be lawful for the said Commissioner, and he is hereby empowered to appoint a Clerk or Clerks to assist him in the Execution of this Act, and from...

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