Sherwood Forest Act 1818

Publication Date:January 01, 1818
Anno Regni GEORGE III. Britanniarum Regis,Quinquagesimo Octavo. An Act for vesting in His Majesty certain Parts of the Hayes ofBirkland and Bilhagh , and of certain Commonable Lands and Open Uninclosed Grounds in the Township of Edwinstowe , within the Forest of Sherwood , in the County of Nottingham.

(58 Geo. 3) C A P. C.

[10th June 1818]

'WHEREAS The King's Most Excellent Majesty, in Right of His Crown, is seized to Himself, His Heirs and Successors, and entitled to the Soil of the Hayes ofBirkland and Bilhagh , in the Township of Edwinstowe , within the Forest of Sherwood , in the County of Nottingham , together with all Timber Trees, Wood and Underwood, growing, renewing, standing and being thereon; which Tract of Land called The Hayes of Birkland and Bilhagh , is computed to contain One thousand four hundred and eighty seven Acres: And Whereas there are within the said Township of Edwinstowe certain other Commonable Lands and Open and Uninclosed Grounds, containing by Estimation about One thousand six hundred Acres, the Soil whereof is vested in the several Lords of the Manors within which the said Commonable Lands and Open and Uninclosed Grounds lie and are situate; and the said Lords seised of the Soil thereof are entitled to all the Timber Trees, Wood and Underwood, growing, standing and being thereon: And Whereas The King's Most Excellent Majesty being seised, in Right of His Crown, to Himself, His Heirs and Successors, of the said Forest of Sherwood , is entitled to certain Rights of Deer and Game, and other Forestal Rights, over all the said Commonable Lands and Open Uninclosed Grounds: And Whereas the Most Noble WilliamHenryCavendish Scott Duke of Portland , is or claims to be Lord of the Manor of Edwinstowe , and as such claims to be entitled to the Soil of so much of the said Commonable Lands and Open Uninclosed Grounds as lies and is situate within the said Manor together with the Timber Trees, Wood and Underwood, growing, standing and being thereon: And Whereas the very Reverend the Dean of the Cathedral Church of the Blessed Virgin Mary of Lincoln and the Chapter of the same Church, are or claim to be Lords of the Manor of Edwinstowe Rectory, and as such claim to be entitled to the Soil of so much of the said Commonable Lands and Open Uninclosed Grounds as lies and is situate within the same Manor, together with all Timber Trees, Wood and Underwood growing, standing and being thereon: And Whereas the Right Honourable Charles Earl Manvers is the Lessee of the said last mentioned Manor under the said Dean and Chapter: And Whereas the said Duke of Portland , the said Earl Manvers , and divers other Persons, are Owners or Proprietors of certain Estates in the said Township of Edwinstowe , within the said Forest of Sherwood , and in respect thereof claim to be entitled (subject to the Forestal Rights of His Majesty) to certain Rights of Common and other Rights in, over and upon the said Hayes of Birkland and Bilhagh , and the said other Commonable Lands and Open Uninclosed Grounds: And Whereas an Act was passed in the Forty first Year of the Reign of His present Majesty, 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 the said Hayes ofBirkland and Bilhagh , and the said Commonable Lands and Open Uninclosed Grounds, in their present State are of less Value to His Majesty, or to the several Persons having such Claims or Rights thereon as aforesaid, than if the same were inclosed; and it would be of great Advantage to His Majesty and the Public in general, and be advantageous to the several Persons having such Claims and Rights as aforesaid, if the said Hayes of Birkland and Bilhagh , and the other Commonable Lands and Open Uninclosed Grounds within the Township of Edwinstowe , were disafforested and if the same were divided and allotted to His Majesty and the several Persons entitled to and interested in the same; subject to the Limitations and Restrictions in this and the said recited Act contained:' 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 Parliamentassembled, and by the Authority of the same, ThatAdam Murray of Saint Martin's Lane, Westminster , in the County of Middlesex , Gentleman, on the Part and behalf of His Majesty, and John Parkinson of Wellow , in the said County of Nottingham , Gentleman, on the Part and behalf of the several Persons having Rights and Interests in the said Commonable Lands and Open Uninclosed Grounds hereby authorized to be divided and allotted, and their Successors, to be nominated and appointed in manner hereinafter mentioned, shall be and they are hereby appointed Commissioners for dividing, allotting and inclosing the said Hayes of Birkland and Bilhagh , and the other Commonable Lands and Open Uninclosed Grounds within the said Township of Edwinstowe , and for carrying into Execution the several other Purposes of this Act, in such manner as is hereinafter provided or mentioned, and with such of the Powers, and subject to such of the Rules, Orders, Regulations and Restrictions contained in the said recited Act, as are not varied, altered or otherwise provided for by this Act.

S-II Oath of Commissioners.

II Oath of Commissioners.

II. And be it further enacted, That no Commissioner shall act in the Execution of any of the Powers by the said recited Act or this Act granted (save and except in the signing and giving Notice of the First Meeting of the said Commissioners), until he shall have taken and subscribed the following Oath, in Addition to the Oath by the said recited Act directed to be taken; such Oath to be administered and enrolled in like manner as the Oath by the said recited Act, prescribed to be taken by Commissioners for executing Acts of Inclosure, is directed to be administered and enrolled; which additional Oath shall be in the Words or to the Effect following; that is to say,

'IA. B . do swear [or , being One of the People called Quakers , do affirm], That I am neither Proprietor or Occupier of, nor, to the best of my Knowledge, am I concerned as Guardian, Steward or Agent for any Proprietor of Messuages, Houses, Cottages, Lands or Grounds, or other Person having or claiming any Right of Common, or any Manorial Rights, or any other Right or Interest in, over or upon the Hayes of Birkland and Bilhagh , or the other Commonable Lands and Open Uninclosed Grounds to be allotted and inclosed by virtue of an Act, passed in the Fifty eighth Year of the Reign of King George the Third, intituled [insert the Title of this Act ]; and that I will honestly and faithfully, as a Commissioner under the said Act, execute and discharge the Powers and Authorities thereby given to me.

So help me GOD.'

S-III For appointing new Commissioners.

III For appointing new Commissioners.

III. And be it further enacted, That in case the saidAdam Murray , hereby appointed the Commissioner for and on behalf of His Majesty, or any Person to be nominated and appointed a Commissioner in his Room or Stead, by virtue of this Act, shall die, refuse or neglect to act, or become incapable of acting as such Commissioner in the Execution of the said recited Act and this Act, then and in such case it shall be lawful for the Commissioners for the time being of His Majesty's Woods, Forests and Land Revenues, by any Writing under their Hands, within One Calendar Month next after such Death, Refusal or Incapacity to act as aforesaid shall be made known to them, to nominate and appoint a proper Person (not interested in the said Division and Inclosure) to be a Commissioner in the Room or Stead of the said Adam Murray , or of such other Person nominated or appointed in his Room or Stead, so dying, refusing, neglecting or becoming incapable to act as aforesaid; and so from time to time as often as any Commissioner, to be nominated and appointed by the said Commissioners of His Majesty's Woods, Forests and Land Revenues as aforesaid, shall die, refuse, neglect or become incapable to act as such Commissioner in the Execution of the said recited Act and this Act; and in case the said John Parkinson , or any Person to be nominated or appointed in his Room or Stead by virtue of this Act, shall die, refuse or neglect to act, or become incapable to act in the Execution of the said recited Act and this Act, then and in every such case the surviving or remaining Commissioner shall, within One Calendar Month next after such Death, Neglect, Refusal or Incapacity shall happen to be known to him, or in case of his Death, Neglect, Refusal or Incapacity, then the Clerk for the time being of the said Commissioners shall summon a Meeting (of which Meeting Twenty one Days' Notice shall be given, by Advertisement, in some Paper usually circulated in the said Township of Edwinstowe , or County of Nottingham ), of all and every the Owners and Proprietors claiming such Rights as aforesaid, to be holden within Thirty Days from the Date of such Notice; and the major Part in Value of such Owners and Proprietors, who shall be present in Person, or by their respective known Agents, or by their Proxies duly authorized for that Purpose at such Meeting or Meetings (such Value, in case of any Difference or Dispute touching the same, to be ascertained by Reference to the Land Tax Assessment of the said Parish of Edwinstowe ), shall, and they are hereby required, at such Meeting to nominate and appoint, by any Writing under their Hands, a proper Person or Persons (not interested in the said Division and Inclosure) to be a Commissioner in the Room and Stead of the said John Parkinson , or of such other Person to be nominated and appointed in the Room or Stead of him so...

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