Ringstead (Northamptonshire) inclosure Act 1839

Publication Date:January 01, 1839
Ringstead (Northamptonshire) inclosure Act 1839

(2 & 3 Vict.) c. 11

An Act for inclosing Lands in the Parish of Ringstead in the County of Northampton.

[4th June 1839]

ANNO SECUNDO VICTORLE REGENLE **^^**^*^**^^**^*^^****^****^^**^**^**^***^^***^**^^ Cap. 1 L An Act for inclosing Lands in the Parish of Ring-stead in the County of Northampton. [4th June 1839.] w HEREAS there are within the Parish of Ringstead in the County of Northampton divers Open and Common Fields, Common Meadows, Lands, Commons, and Waste Lands and Grounds, and divers inclosed Lands and Homesteads: And whereas Thomas Burton Esquire is or claims to be Lord of the Manor of Ringstead aforesaid: And whereas Henry Shuttle- worth is or claims to be Lord of the Manor of Cotton otherwise Coaies otherwise Ringstead Cotton in the said Parish of Ringstead: And whereas the Most Noble Charles Duke of Dorset, the said Thomas Burton, George Capron and Henry Shuttkworth are, together with divers other Persons, the Owners or Proprietors of the said Open and Common Fields, Meadows, Lands, Commons, and Waste Lands and Grounds, and of the said inclosed Lsinds and Homesteads, and of ancient Commonable Messuages or Tofts within the said Parish of Ringstead, 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 passed in the \Private.~ file:///Private.~ ] 4 { Forty 310 41 G. 3. c. 109. 1 & 2 G.4. c. 23. Appoint merit of Commissioner. Qualification of Commis- sioner. Declaration of Commis- sioner* 2 VICTORIA, Cap.U. Recited In- assembled, and bythe Authority of the same, That the.said Two recited closure Acts to form Part of this Acfc. 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 Inclosure9 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 Year 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 Lands in England: And whereas it would be advantageous to the several Persons entitled to and interested in the said Open and Common Fields, Meadows, Lands, Commons, and Waste Lands and Grounds, if the same were divided and inclosed, and specific Parts thereof allotted to the Proprietors 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 may be 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 _ _ j ______ ^ j t .__VW._VH ^^ 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 and 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. II. And be it further enacted, That John West of Little Bowden in the County of 'Northampton, Gentleman, and his Successor for the Time being, to be elected or appointed in manner herein-after mentioned, 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 declare, That I will faithfully, impartially, and *??*? honestly, according to the best of my Skill and Ability, execute 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, intituled [here set forth the Title of this Acf], according to Equity and good Conscience, ' and without Favour or Affection, Prejudice or Malice, to any Per- son whomsoever/ Which Declaration it shall be lawful for any Justice of the Peace for the said County of Northampton to administer and receive; and the said Declaration* so made and subscribed, shall be annexed to and deposited r VICTORIA, Cap.ll; 311 deposited with the Award of the said Commissioner; and such Declaration 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'!, n the Execution of any Act for dividing, allotting, or inclosing any Lands or Grounds, arid 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 in case the said John West, Appoint or any Person to be nominated or appointed a Commissioner in his ent . Room or Stead, by virtue of thisAct, shall die, or become incapacitated, sjoner on or neglect or refuse for the Space of One Calendar Month to act as Vacancies. such Commissioner in the Execution of this Act, then and in such Case it shall be lawful for the major Part in Value (such Value to be ascertained by the Poor's Rate Assessment for the Time being) of the several Proprietors of Lands or Hereditaments within the said Parish of Ringstead who shall attend, either personally or by their respective Agents, at any Meeting to be held for the Election of a new Commissioner by reason of such Death, Refusal, Neglect, or Incapacity as aforesaid, (of which Meeting Notice shall be given by some One ok more of the Persons interested in the said Inclosure, upon some Sunday before Divine Service, by Writing to be affixed on one bf the outer Doors of the Parish Church of Ringstead, and also by Advertisement to be inserted in the Northampton Herald, or in some other Newspaper printed or usually circulated in the County of Northampton, at least Fourteen. Days before such Meeting,) to nominate and appoint, by Writing under their Hands, some fit and proper Person, %ot interested in the said Division, Allotment, arid Inclosure, to be a Commissioner in the Room of the said John West or of the Commissioner who shall be appointed in his Place, and so from. Time to Time as often as any such Commissioner so to be appointed by the major Part in Value of the said Proprietors shall die, neglect or refuse or become incapable to act as a Commissioner in the Execution of this Act; 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 manner herein-after directed with respect to the said Award. IV. And be it further enacted, That if the said Commissioner shall What shall refuse or neglect to attend the First or Second Meeting appointed to ^e a R^fusal be held for putting this Act in execution, and to qualify himself commis- by making the Declaration in that Behalf prescribed; or if the said sioner. Commissioner shall at any Time after having qualified himself as aforesaid wilfully absent himself from any Two successive Meetings appointed to be held as aforesaid, the Times of such Meetings being known to him by his having been present at the Appointment of the first thereof, or by a Notice thereof in Writing under the Hand of the Clerk t 312 e VICTORIA, Cap.ll. Clerk of the said Commissioner having been given to Kim, or left at his usual Place of Abode, and such Commissioner hot being prevented by Sickness or other reasonable Cause ; or if any Commissioner to be hereafter elected and appointed as aforesaid shall not attend and qualify himself at the First or Second Meeting to be held after his Appointment, or shall, after having qualified himself as aforesaid* wilfully absent himself in manner aforesaid, after such Notice, and without such Cause of Excuse as last aforesaid ; every such Absence or Non-attendance shall be deemed and taken to be a Refusal to act. Neots Appoint- v. Ana oe it iurtner enactea, xnat vnartes uay or &t. mentof the County of Huntingdon, and Robert Russel of Brackley in the Surveyors. County of Northampton^ Land Surveyors, or their Successors, to be appointed in manner herein-after mentioned, shall be the Surveyors for the Purposes of this Act; and in case the said Charles Day and Robert Russel, or either of them, or any Person or Persons to be appointed in the Place or Stead of them or either of them, shall, before the finishing of the said Division, Allotment, and Inclosure, die, or neglect, refuse, or become incapable to act as such Surveyors as aforesaid, it shall be lawful for the major Part in Value (such Value to be ascertained by the Poor's Rate Assessment for the Time being) of the several Proprietors of Lands or Hereditaments within the said Parish of Ringstead who shall attend,. either personally or by their respective Agents, at any Meeting to be held...

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