Oakham (Rutlandshire) inclosure and exoneration from tithes Act 1820

Publication Date:January 01, 1820
Oakham (Rutlandshire) inclosure and exoneration from tithes Act 1820

(1 Geo. 4) c. 25

An Act for inclosing, and exonerating from Tithes, Lands within the Parish of Oakham, in the County of Rutland.

[8th July 1820]

ANNO PRIMO GEORGII IV. REGIS. Cap. 25. An Act for inclosing, and exonerating from Tithes, Lands within the Parish of Oakham, in the County of Rutland. [8th July 1820.] W HEREAS there are within the Parish of Oakham in the County of Rutland, several Open and Common Fields, Meadows, Pastures, Wastes, and other Commonable Lands, containing together by Estimation One thousand nine hundred Acres, or thereabouts; and also several inclosed Lands and Grounds: And whereas the Right Honourable George Earl of Winchelsea and Not tingham is Lord of the Manor and Castle or Lordship of Oakham within the said Parish, and as such is entitled to the Soil of all the Waste Lands within the said Manor: And whereas the Dean and Chapter of the Collegiate Church of Saint Peter Westminster are Lords of the Lordship and Manor or Honour of Oakham, other wise Okeham, within the said Parish, and as such are entitled to the Soil of all the Waste Lands within the said Manor: And whereas the said Dean and Chapter of Westminster are the Impropriate Rectors of the Rectory and Parish Church of Oakham aforesaid, which they have demised to the said Earl of Winchelsea for Three Lives; and the said Earl as such Lessee is entitled to all the Great Tithes (including One undivided Moiety of the Tithes of Hay) arising within the se veral titheable Parts of the said Parish: And whereas the said George ----- [Private.1 q$ Earl 530 TGEORGII IV. Gp.25. Earl of Wrnchehea and Nottingham is in his own Right the Patron of the Vicarage and Parish Church of Oakham aforesaid; and the Reverend Heneage Finch Clerk is the present Vicar thereof, and as such Vicar is entitled to certain Glebe Lands lying dispersedly in the said Common Fields and Meadows, and also to all the Vicarial or Small Tithes arising within the titheable Parts of the said Parish, or to certain Compositions or Moduses in lieu of some of the said Small Tithes, and as such Vicar is or claims to be entitled to the other undivided Moiety of the Tithe of Hay within the several tithe-able Parts of the said Parish: And whereas the said George Eari of Winchelsea and Nottingham in his own Right, and as such Lessee as aforesaid, and the said Vicar in Right of his said Vicarage, and divers other Persons, are severally entitled to Lands and Grounds in the said Common Fields and Meadows, and also to certain Rights of Common in, over, and upon all or some of the said Common Fields, Meadows, Pastures, Wastes, and other Commonable Lands in the said Parish; and the same Lands and Grounds are intermixed and lie dispersed, in small Parcels, and are otherwise inconveniently situate for Occupation; and the said Common Fields and Meadows, and also the said Common Pastures, Wastes, and other Commonable Lands, are in their present State incapable of much Improvement; but if they were divided and allotted unto and among the Proprietors thereof, according to their respective Rights and Interests, in order that such Allotments may be inclosed and held in Severalty, and if, in consideration of an adequate Compensation, all the Lands and Tenements, as well open as inclosed, within the said Parish of Oakham (except within the respective Hamlets or Districts of Flitteris, Gunthorp, Brook, and Langham), were discharged from Tithes, such Division, Allotment, Inclosure, and Exoneration from Tithes, would be of great Advantage to the respective Proprietor*, and an Improvement to their respective Estates; which several beneficial Purposes cannot be effected without the Aid and Authority of Parliament: And whereas an Act was passed in the Forty-first Year 41G.3.C.109. 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 the Mode of proving the several Facts usually required on the passing of such Acts : 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, Commission- That j0/jra Bonner of Langton near Horncastk, in the County of ers appoint- _££nco/, Gentleman, John Burcham of Coningsby, in the said County of Lincoln, Gentleman, and Charles Berkeley of Biggen, in the County of Northampton, Gentleman, shall be and they are hereby appointed Commissioners for dividing, allotting, inclosing, and otherwise improving all the Open and Common Fields, Meadows, Pastures, Wastes, and other Commonable Lands within the said Parish of Oakham, and for exonerating from Tithes all the said Commonable Lands, and also the inclosed and other Lands in the said Parish of Oakham, except within the Hamlets or Districts of Flitteris, Gunthorp, Brook, and Langham aforesaid, and for carrying the several other Pur-poses of this Act into Execution; subject to such Rules, Orders, Regulations 531 FGEORGII IV, %f2% Regulations and Directions, as are herdn-after, mentioned, and, with all such of the Powers and Authorities contained in the said Apt pi" the Forty-first Year of His late Majesty's Reign as are not contrary or repugnant to or otherwise provided for by any of the Provisions con-tamed in this Act; and that it shall be lawful for any Two of tfye Commissioners herein-before named and appointed, or to be nominated and appointed as herein-after mentioned, to do, execute, and perform every Act, Matter, and Thing by the said Act and this Act authorized or required to be done by the Commissioners for the Time being; and all Acts, Matters, and Things, which shall be done, executed, or performed by any Two of the said Commissioners for the Time being, shall be as valid and effectual to all Intents and Purposes, as if all the same Commissioners had been present, and had done, executed, and performed the same* IL And be it further enacted, That if the said John Bonner shall Po.wer t0 aP-die, neglect or refuse to act, or become incapable of acting as a confrnis" Commissioner in the Execution of this Act, before all the Powers 8i0ners. Authorities, and Tiusts hereby reposed in the said Commissioners shall be fully executed and performed, it shall be lawful for the said, Lord or Lords of the said Manor and Castle or Lordship of Qakha-n},, for the Time being, by Writing under his or their respective Hands, to nominate and appoint One other fit and proper Person, not interested in the Lands to be allotted or exonerated from Tithes by virtue of this Act, to be a Commissioner in the Place of the said Johfk Banner; and if any Commissioner who shall be appointed in the Place f the said John Bonner 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 said Lord or Lords of the said Manor and Castle or Lordship of Oakham, for the Time being, and so from Time to Time as often as any such future Vacancy shall happen; and if the said John Burcham shall die, neglect or refuse to act, or become incapable of acting as a Commissioner in the Execution of this Act, before all the Powers, Authorities, and Trusts hereby reposed in the said Commissioners shall be fully executed and performed, it shall be lawful for the said Dean and Chapter of Westminster, and their Successors for the Time being, to nominate and appoint One other fit and proper Person, not interested as aforesaid, to be a Commissioner in the Place of the said John Burcham; and if any Commissioner or Commissioners who shall be appointed in the Place of the said John Burcham 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 said Dean and Chapter of Westminster, and then-Successors for the Time being, and so from Time to Time as often as any such future Vacancy shall happen; and if the said Charles Berkeley shall die, neglect or refuse to act, or become incapable of acting as a Commissioner in the Execution of this Act, before all the Powers, Authorities, and Trusts hereby reposed in the said Commissioners shall be fully executed and performed, it shall be lawful for all the Proprietors for the Time being of the Lands and Grounds hereby directed to be divided, allotted, inclosed, and exonerated from Tithes (except the said Lord or Lords of the said Manor and Castle or Lordship of Oakham, and thcsaid Dean and Chapter o ? Westminster, 532 P'GEORGII IV. Cap.2b. and their Successors), or the Majority in Value of such- Proprietors (such Value to be ascertained by the Land Tax Assessment), or their respective Agents or Attornies, duly authorized by the said Proprietors by Writing under their respective Hands, who shall be present at a Meeting to be holden for that Purpose, by Writing under the respective Hands of such Proprietors, Agents, or Attornies, to nominate and appoint One other fit and proper Person, not interested as aforesaid, to be a Commissioner in the Place of the said Charles Berkeley; provided that Fourteen Days Notice of the Time, Place, and Purpose of such Meeting, shall be given by Two or more of the said Proprietors, in like Manner as herein-after is directed with respect to the Meetings of the said Commissioners; and that such Meeting shall be held at the Crown Inn in Oakham; and if any Commis-sioner who shall be appointed in the Place of the said Charles Berke ley shall die, neglect, refuse to act, or become incapable of acting before this Act shall be fully executed as aforesaid, such Vacancy shall in like Manner be filled up by such Majority in Value of the said Proprietors as aforesaid, and so from Time to Time as often as any such future Vacancy shall happen; but in case...

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