Ringstead (Northamptonshire) inclosure Act 1839
| Jurisdiction | UK Non-devolved |
| Citation | 1839 c. 11 |
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.~] 4 { Forty
310
41 G. 3.
c. 109.
1 & 2 G.4.
c. 23.
2° VICTORIA,
Cap.U.
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 in-
terested 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 Autho-
rity of Parliament: May it therefore please Your Majesty that
it may be enacted; and be it enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
Recited In- assembled, and bythe Authority of the same, That the.said Two recited
closure Acts
to form Part
of this Acfc.
Appoint
merit of
Commis-
sioner.
Qualification
of Commis-
sioner.
Declaration
of Commis-
sioner*
— _ _ 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 men-
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 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 Com-
missioner 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 ap-
pointed shall have and be invested with the same Powers and Autho-
rities 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
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