Moulton (Suffolk) inclosure Act 1839

Publication Date:January 01, 1839
Moulton (Suffolk) inclosure Act 1839

(2 & 3 Vict.) c. 4

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

[14th May 1839]

.? ANNO SECUNDO T r VICTORIA REGIN.E. .? Cap. 4. An Act for inclosing Lands in the Parish of Moulton in the County of Suffolk. * [14th May 1839.] W HEREAS there are within the Parish of Moulton in the County of Suffolk divers Open and Common Fields, Com mon Meadows, Common Pastures, Commons, and other Commonable and Waste Lands and Grounds, and divers inclosed Lands, and several Heath Lands and Homesteads, containing in the whole Three thousand Acres, or thereabouts: And whereas the Most Noble John Henry Duke of Rutland, is or claims to be Lord of the Manor of Stonehall in Moulton in the Parish of Moulton aforesaid; And whereas the Master, Fellows, and Scholars of Chrisfs College in the University of Cambridge are the Patrons of the Rectory of Moulton aforesaid, and of the Parish Church thereofi and George Hutton Greenall Clerk is Rector of the said Rectory and Church, and as such is entitled to certain Glebe Lands, and also to a Rent- charge in lieu of all manner of Tithes, both great and small, growing, arising, and renewing within the Parish of Moulton aforesaid: And whereas the said Duke of Rutland, the said Master, Fellows, and Scholars of Christ's College, and also the Master, Fellows, and Scholars of the College or Hall of the Holy Trinity in the University [Private.] q c of 102 41 G.3. c. K)9. I & 2 G. 4. c. 2S. The recited Acts to be deemed and applied as Part of this Act. Appoint* mem of Commissipn* er. 2 VICTORIA, Cap A. of Cambridge, together with Ellen Hammond Widow and the Reverend Henry Charles Eaton Clerk, as the surviving Guardians of the Persons and Estates of infant Devisees under the Will of Charles Hammond Esquire deceased, William Goer, and diver3 other Persons, are the Owners or Proprietors of the said Open and Common Fields, Common Meadows, Common Pastures, Commons, and other Commonable Lands and Grounds, and of the said inclosed Lands, Heaths, and Homesteads, and of ancient Commonable Messuages or Tofts within the said Parish of Moulion, and in respect thereof or otherwise are or claim to be entitled to certain Rights of Common and other Rights and Interests in, over, and upon the same, or some Part or Parts thereof, or are otherwise interested therein: And whereas an Act was passed in the Forty-first Year of the Reign of 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 an 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 inclosing of Open Fields, Pastures, Moors, Commons, and Waste hands in England ; And whereas the Lands of the several Owners and Proprietors of the Open and Common Fields, Common Meadows, Common Pastures, Commons, and other Commonable Lands and Grounds within the said Parish of Moulton are greatly intermixed, and lie dispersed in small Parcels, so as to render the Cultivation thereof expensive and inconvenient, and have of late Yearsbeen much encroached and trespassed upon, and the same are in their present State incapable of any considerable Improvement, and it would be of great Advantage to the Proprietors thereof and Persons interested therein to have the same divided and inclosed, and specific Parts thereof allotted to the Pro-prietors thereof, according to their respective Rights and Interests therein, and such Allotments held in Severalty, and all Rights of Common in, over, and upon the same respectively extinguished; but the beneficial Purposes aforesaid cannot be effected without the Authority of Parliament: May it therefore please Your Majesty that, it maybe 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 assembled, and by the.Authority of the same, That the said Two recited Acts passed respectively in the Forty-first Year of the Reign of King George the Third and in the First and Second Year of the Reign of King George the Fourth, and the several Enactments and Provisions of the said recited Acts, shall, from an J after the passing of this Act, be deemed and taken to be and be applied and executed as Part of this Act, for all Purposes and to all Intents whatsoever, except and in such Cases wherein the same are hereby respectively repealed or varied, or wherein the same shall by this Act or otherwise become or be inapplicable to any of the Purposes of this Act, * IL And be it further enacted, That John Josselyn of Sprough* ton in the County of Suffolk, Gentleman, and his Successor for the Time being, to be elected or appointed in manner herein-after mentioned^ 2 VICTORIiE, Cap A, 103 tioned, shall be and he is hereby appointed sole Commissioner for carrying this Act into execution : Provided always, that no Person shall be capable of acting as a Commissioner (except in signing and giving Notice of the First Meeting of the Commissioner) until he shall have made and subscribed a Declaration, in the Words or to the Effect following; (that is to say,) *? T A. B. do solemnly. declare3 That I will faithfully, impartially, and Declaration missioner. * honestly, according to the best of my Skill and Ability,.execute of.c?m~ *? and perform the several Powers and Duties vested in and imposed * upon me as .a Commissioner by virtue of an Act passed in the * Year of the Reign of Her Majesty Queen Victoria, in- tituled {here set forth the Title of this Act], according to Equity *, and good Conscience, and without Favour or Affection, Prejudice or Malice, to any Person whomsoever/ / h And such Declaration may be made before any Justice of the Peace for the County of Suffolk* and 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. III. And be it further enacted, That any Person making and sub- Penalty on scribing a Declaration under the Authority of this Act, and who making false shall wilfully and corruptly make and subscribe such Declaration Declaratlon- knowing the Allegations thereof or any of them to be untrue, shall be subject to the like Pains and Penalties to which Persons guilty of a Misdemeanor are or may bp subject. IV. And be it further enapted, That if aqy Person, not having so Penalty on qualified himself according to the Provisions of this Act to act as a Persons act- Commissioner, shall presume to act in such Capacity, any such Person ^^j shall for every such Offence, forfeit and pay the Sum of Fifty Pounds, with full Costs of Suit, to any Person who shall sue for the same, to be recovered by Action of Debt or on the Case in any of Her ^Majesty's Courts of Record at Westminster or elsewhere. om missioner on V. And be it further enacted, That iij case the said John Jossely^ Appoint or any Person to be nominated or appointed a Commissioner in his entof Room or Stead, by virtue of this Act, shall die, or become incapable or refuse or neglect for the Space of One Calendar Month to act as Vacancies. such Commissioner in the Execution of this Act, then and in such Case, and so often as any of the said Events shall occur, a public Meeting of the several Persons who shall for the Time being respectively be interested in the Lands and Grounds to be divided, allotted, and inclosed by virtue of this Act, shall be called by One or more of such Persons, and be held as soon as conveniently may be after the Expiration of Twenty Days next after suph Death, Refusal, Neglect, or 104 Two Commissioners to be appointed in certain Cases. 2 VICTORIA CapA. or Incapacity, of which Meeting at least Fourteen Days previous Notice shall be given by any One or more of such Persons or Parties respectively, by Writing to be affixed on One of the outer Doors of the Parish Church of Moulton aforesaid, and also by Advertisement to be inserted in the Newspaper called the Bury and Suffolk Herald, or in some other Newspaper printed or usually circulated within the said County of Suffolk ; and the Persons then assembled, or Two Third Parts of them in Value (such Value to be ascertained by the Land Tax Assessment^, or the respective Agents or Solicitors duly authorized by Writing under the Hands of such respective Persons or Parties, shall and may nominate, elect, and appoint some other Person (not. interested in the said Division, Allotment, and Inclo* sure,) to be a Commissioner in the Room of such Commissioner so dying, refusing or neglecting to act, or becoming incapable of acting as aforesaid, and so from Time to Time as often as any Vacancy shall happen as aforesaid; and every new Commissioner so appointed shall have and be invested with the same Powers and Authorities in all respects for carrying this Act into execution, and shall be subject to the same Regulations as if he had been originally named a Commissioner in this Act; and every such Appointment shall be annexed to and deposited with the Award of the said Commissioner in mannei herein-after directed with respect to the said Award. VI. Provided always, and be it further enacted, That in case at any such public Meeting for the Election of a new Commissioner as aforesaid the several Persons who shall for the Time being respectively be interested in the said Lands and Grounds so intended to be divided...

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