Penge (Surrey) inclosure and tithes exoneration Act 1827

Publication Date:January 01, 1827
Penge (Surrey) inclosure and tithes exoneration Act 1827

(7 & 8 Geo. 4) c. 35

An Act for dividing, allotting, inclosing, and exonerating from Tithes, Lands in the Hamlet of Penge, in the Parish of Battersea in the County of Surrey.

[14th June 1827]

ANNO SEPTIMO & OCTAVO GEORGII IV. REGIS. **************************************** ************ Cap. 35. An Act for dividing, allotting, inclosing, and exonerating from Tithes, Lands in the Hamlet of Penge, in the Parish of Battersea in the County of Surrey. [14th June 1827.] W HEREAS there are within the Hamlet of Penge, in the Parish of Battersea in the County of Surrey, certain Lands called Penge Common, alleged to contain about Four hundred and thirty Acres: And whereas there are within the said Hamlet several Messuages, and several Lands, Fields, and Grounds which have been long since divided and inclosed, alleged to contain altogether about Three hundred and twenty Acres: And whereas the Right Honourable George John Earl Spencer is or claims to be Lord of the Manor of Battersea and Wandsworth, and as such is or claims to be enti tled to the Soil of the said Lands called Penge Common ; and John Cator Esquire is or claims to be entitled to all Timber and other Trees growing on the said Lands called Penge Common: And whereas the Reverend Joseph Allen Clerk is Vicar of the Vicarage and Parish Church of Battersea in the County of Surrey, and as such is entitled to all the Tithes arising, growing, or renewing within the said Hamlet of Penge; and the said George John Earl Spencer is Patron of the said Vicarage: And whereas the said John Cator, Edward Richards Jdams, William Booth, William Wilson, and William Fox, and others, are or claim to be the Owners and Proprietors of the said Messuages, inclosed Lands, Fields, and Grounds, and of Rights of Common in and upon the said Lands called [Private.'] 8 fl Penge 646 7&8GEORGII IV. CapM. Penge Common: And whereas the Copyholders of the Manor of Batter- sea and Wandsworth, and the Freeholders and Inhabitants of the Parish of Battersea, or some of them, are or claim to be entitled to Rights of Common in and upon the said Lands called Penge Common: And whereas the said Lands called Penge Common yield but little Profit, and are in their present State incapable of any considerable Improve ment, and it would be advantageous if the same were inclosed and divided, and were allotted unto and amongst the several Persons entitled to Rights upon and in the same, according to their respective Interests; and it would also be advantageous to the Parties interested, if, in con sideration of an adequate Equivalent, all the Lands and Grounds within the said Hamlet, as well open as inclosed, were exonerated and discharged from Tithes; but the several Objects aforesaid cannot be effected without the Aid and Authority of Parliament: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King 41G.3.C.109. 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 Second Year of the Reign 1 & 2 G. 4. of His present Majesty King George the Fourth, intituled An Act to c- 23, amend the Law respecting the inclosing of Open Lands, Pastures, Moors, Commons, and Waste Lands, in England: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, and by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assem-Commis- bled, and by the Authority of the same, That Richard Peyton of Cook's S'ointedP" Court, Carey Street, in the County of Middlesex, Surveyor, shall be the Commissioner for valuing, dividing, allotting, and inclosing all the Lands called Penge Common, and for carrying this Act into Execution, according to the Provisions and Powers contained in this and the herein-before recited Acts, so far as the Provisions and Powers contained in the said recited Acts are not altered or controuled by or repugnant to this Act. Power to ap- II. And be it further enacted, That if the said Richard Peyton, or any point new new Commissioner to be appointed in manner herein-after mentioned, sioner"bv the s^a^ ^e' or re^use or m tne Opinion of the Lord or Lady for the Time Proprietors being of the Manor of Battersea and Wandsworth, and of the Vicar for of Estates, the Time being of the said Parish of Battersea, and of the major Part in Value of the Persons entitled to the Lands in the said Hamlet of Penge, (such Value to be ascertained as herein-after is mentioned,) neglect to act, or become incapable of acting in the Execution of this and the said recited Acts, before all the Powers hereby reposed in him shall be fully performed, then and in every such Case it shall be lawful for the Lord or Lady for the Time being of the Manor of Battersea and Wandsworth, and for the Vicar for the Time being of the said Parish of Battersea, and for the major Part in Value of the several Persons entitled to the Lands in the said Hamlet of Penge, (such Value to be conclusively ascertained from the Land Tax Assessment of the said Hamlet of Penge,) or their respective Agent or Agents, appointed in Writing, or their respective Husbands in case of Coverture, or their respective Guardians in case of Infancy, by Writing under their respective Hands, to appoint some proper Person, not interested in the said Division, Allotment, and Inclosure, to be a Commissioner in the Place of any such Commissioner so io dying, 7 & 8 GEORGII IV. G^-35. W dying) or refusing or neglecting to act, or becoming incapable of acting; aid every Person so to be appointed shall, after taking the Oath in that Behalf prescribed, have the same Powers and Authorities for carrying this Act and the said recited Acts into Execution as if he had been originally nominated and appointed a Commissioner in and by this Act: Provided always, that any such Appointment shall be made at a Meeting to be holden for the Purpose, after the Death, or Refusal, Neglect, or Incapacity to act, of the preceding Commissioner; of "which Meeting public Notice shall be given by the Clerk to the preceding Commissioner, or by some Person interested in this Act-Ill. And be it further enacted, That nothing in this Act or the said Commis-recited Acts contained shall extend to require the said Commissioner to sion!r nly make or cause to be made any Survey, Admeasurement, or Plan of any ^^g certaia Messuages, Lands, or Hereditaments within the said Parish of Battersea, Surveys. other than the Messuages, Lands, and Hereditaments in the said Hamlet of Penge, except of any other Lands, Messuages, or Hereditaments in respect of which any Right of Common on the said Lands called Penge Common, or any Part thereof, may be established. IV. And be it further enacted, That the said Commissioner shall have Commis- Power to appoint some fit Person to be his Clerk for assisting him in slone.r may carrying this and the said recited Acts into Execution; and such Clerk *PP'Dt a from Time to Time to remove, and to appoint some other fit Person to succeed him in such Office, as to the said Commissioner shall seem meet. V. And be it further enacted, That the said Commissioner shall cause Notices of Notice in Writing to be given, in manner herein-after mentioned, of the Meetings to Time and Place of holding his First, Second, and Third Meetings for be &ven' the Purposes of putting this and the said recited Acts into Execution, at least Fourteen Days before such Meetings respectively; and the said Commissioner shall, after his said Third Meeting, from Time to Time appoint such Special or other subsequent Meetings for carrying this and the said recited Acts into Execution as he shall think proper, giving in like Manner Fourteen Days Notice in Writing of the Time and Place where each such Special or subsequent Meeting is to be holden; but the said Commissioner is hereby empowered, if he shall see Cause, without giving any public Notice, to adjourn any Meeting from Time to Time, as he shall see convenient j provided that all Meetings of the said Commissioner shall be holden within the said Hamlet of Penge, or within Ten Miles thereof. VI. And be it further enacted, That in all Cases where Notices are Manner of required to be given under this Act or the said recited Acts, the Delivery giv ng No- of the same, so far as concerns the said Commissioner, at his usual Place tices' of Abode, or at the Office or usual Place of Abode of his Clerk, and so far as concerns all other Persons, at the usual Places of Abode of sueh Persons respectively, shall be deemed good Service of the same, and Notice of the Meetings (except those by Adjournment) of the said Commissioner, and of the Perambulation of the said Hamlet, or of the Commons and Waste Grounds thereof, and all other public Notices directed by this Act or the said recited Acts, shall be in Writing, and shall be given 648 Proceedings of Commissioner to be entered in a Book. 7&8GEORGII IV. CapM. given by affixing such Notices respectively Fourteen clear Days before die Day of Meeting on the principal Door of the Parish Church of Battersea, and of the Parish Church of Beckenham in the County of Kent; and also by causing the same to be inserted Once in the Newspaper published in the County of Surrey, called The County Herald, or in some other Newspaper circulated in the said County. VII. And be it further enacted, That all Orders, Notices, and Proceedings of the said Commissioner, relating to the said intended Division and Inclosure, shall be entered in a Book or Books to be provided for that Purpose, and shall be signed by the said Commissioner; which Book or Books shall at all reasonable Times be open to the Inspection of all Parties claiming to be interested in the said...

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