St. Harmon, Nantmel, Llanyre and Llanvihangel Helyan (Radnorshire) inclosure Act 1840

Publication Date:January 01, 1840
St. Harmon, Nantmel, Llanyre and Llanvihangel Helyan (Radnorshire) inclosure Act 1840

(3 & 4 Vict.) c. 16

An Act for inclosing, dividing, and allotting certain Lands in the several Parishes of Saint Harmon, Nantmel, Llanyre, and Llanvihangel Helygan, in the County of Radnor.

[3d July 1840]

ANNO TERTIO & QUARTO VICTORLE REGI1NLE. *************************************************** Cap, 16! An Act for inclosing, dividing, and allotting certain Lands in the several Parishes of Saint Harmon, Nantmel, Llanyre, and Llanvihangei Helygan, in the County of Radnor. [3d July 1840.] W HEREAS there are within the several Manors ofYwchcoed, Iscoed, and Rhysllyn, in the Parishes of Saint Harmon, Nantmel, Llanyre, and Llanvihangei Helygan, in the County of Radnor, certain Commons or Wastes and Parcels of Waste Lands: And whereas James Watt Esquire is or claims to be Lord of the said several Manors of Ywchcoed, Iscoed, and Rhysllyn, and as such is seised of and entitled to the Soil of the Commons or Wastes and Parcels of Waste Lands within such Manors, except the Common or Waste called Aberilhon Common, containing One hundred and ninety-five Statute Acres, or thereabout*, situate in the said Parish of Llanyre within the said Manor of Iscoed: And whereas the Venerable Richard Venables, Doctor in Divinity, is or claims to be seised of and entitled to the Soil of the said Common or Waste called Aberithon Common: And whereas the said James Watt, Richard Venables, and several other Persons are respectively Owners and Proprietors of all the Messuages, Lands, and Hereditaments within the said several Manors, and in respect thereof are entitled to Rights of Common upon or over the said Commons or Wastes and Parcels of Waste {Private.^ q e Lands: 478 3 & 4 VICTORIA, Cap. 16. Lands: And whereas the said several Manors (including the said Common or Waste called Aberithon Common), with the Rights, Mem bers, and Appurtenances thereto respectively belonging, were formerly Part of the Possessions or Land Revenues of the Crown within the ordering and Survey of the Court of Exchequer, and were respec tively sold and conveyed to the said James Watt in or about the Year One thousand eight hundred and twenty-six by the Commissioners of His then Majesty's Woods, Forests, and Land Revenues: And whereas there are within the said several Manors numerous Encroach ments or Inclosures, in the Possession of divers Persons (other than the said James Watt), which from Time to Time, within the Space of Sixty Years previous to the passing of this Act, have been made in and upon the said several Commons or Wastes and Parcels of Waste Lands: And whereas there are also within the said Manor of Iscoed certain Intakes or Inclosures which have within Twenty Years last past been made upon or taken out of the said Commons or Wastes and Parcels of Waste Lands by the said James Watt, and are now in his Possession: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, inti- 41G.3.C.109- tuled 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 First and Second Years of the l & 2 G. 4. Reign of His late Majesty King George the Fourth, intituled An Act c. 23. f0 amen(i the Laws respecting the inclosing of Open Fields, Pastures, Moors, Commons, and Waste Lands in England: And whereas certain Parts of the said Commons or W'astes and Parcels of Waste Lands are in their present State incapable of any considerable Improve ment, and it would be of great Advantage to the said James Watt, Richard Venables, and certain other Persons interested therein respec tively, if specific Parts or Shares thereof were allotted to them respec tively, and inclosed and held in Severalty, in manner and subject to the Regulations and Directions herein-after contained : And whereas divers Disputes and Difficulties have from Time to Time arisen in respect of the said several and respective Encroachments, Intakes, and Inclosures, and it is expedient that Facilities may be afforded for allotting and appropriating such Encroachments, Intakes, and Inclo- sures to the several Persons in Possession thereof respectively; but the same 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 assembled, and by the Autho- Appointment rity of the same, That Josiah Caslree of the City of Gloucester, and of Commis- John Iveson of Hall ford in the County of Middlesex, Gentlemen, uoners. an(j ^heir Successors, to be appointed as herein-after mentioned, shall be and they are hereby appointed Commissioners for dividing, allotting, and inclosing and otherwise improving the said Commons or Wastes and Parcels of Waste Lands, and for carrying this Act into execution, in the Manner and subject to the Rules, Orders, and Regulations herein contained, and also subject to the Powers and Provisions of the said recited Acts, except where the same are hereby varied or altered. II. And 3 & 4 VICTORIA, Cap.16. 479 II. And be it further enacted, That in case the said Josiah Castree Power to and John lveson, or either of them, or any Person or Persons here- app0'".1 new after to be appointed Commissioner or Commissioners, shall die, or 9ommls" neglect, refuse, or become incapable to act as a Commissioner in the Execution of this Act, then and in every such Case it shall be lawful for any Two or more of the Proprietors of or Persons interested in the said Commons or Wastes and Parcels of Waste Lands respectively, by Advertisement in the Newspapers called the Hereford Journal and Hereford Times, or in some other Newspaper circulated within the County of Radnor, and by Writing under their Hands to be affixed on the principal outer Doors of the Parish Churches of Saint Harmon, Nantmel, Llanyre, and Uanvihangel Helygan aforesaid, upon a, Sunday before Divine Service, to give Notice of a Meeting to be held within either of the said Parishes of Saint Harmon, Nantmel, Llanyre, and Uanvihangel Helygan, or within Eight Miles of one of them, at least Fourteen Days before such Meeting, for the Purpose of appointing some Person or Persons to be a Commissioner or Commissioners in the Room of the said Josiah Castree ov John lveson, or either of them, or other the Commissioner or Commissioners who shall die, neglect, refuse, or become incapable to act, as the Case may be, at which Meeting it shall be lawfid for the Majority in Value, to be ascertained by the Land Tax Assessment, of the Proprietors or Persons interested in the said Commons or Wastes and Parcels of Waste Lands respectively, or the known Agents or Attornies of any of them who shall be present at such Meeting, by Writing under their Hands to nominate and appoint some proper Person or Persons (not interested in the said Division, Allotment, and Inclosure, or other Improvement,) to be a Commissioner or Commissioners in the Room and Stead of the said Josiah Castree or John lveson, or other Commissioner or Commissioners so dying, neglecting, refusing, or becoming incapable to act as aforesaid ; and every new Commissioner so nominated and appointed shall from and immediately after his Appointment, and making the Declaration prescribed in that Behalf, have such and the like Powers and Authorities for carrying this Act and the said recited Acts into execution to all Intents and Purposes as if he had been named and appointed a Commissioner in and by this Act. III. Provided always, and be it further enacted, That no Person Commis- shall be capable of acting as a Commissioner in the Execution of this j^"^. Act and the said recited Acts, except for the Purpose of signing and "iaration giving Notice of the First Meeting for the Purposes of this Act, before they unless he shall have made and subscribed the Declaration following; proceed to i 3Ct that is to say, ' 1A.B. do solemnly and sincerely declare, That I will faithfully, ' impartially, and honestly, according to the best of my Skill and Ability, execute and perform the several Trusts, Powers, and Autho- ' rities vested and reposed in me as a Commissioner by virtue of an ' Act passed in the Year of the Reign of Queen Victoria, ' intituled [insert the Title of this Act], according to Equity and * goo,d Conscience, and without Favour or Affection, Prejudice or ' Partiality, to any Person or Persons whomsoever.' Which 480 Declaratiou and Appointment to be deposited with the Award. What shall be a Refusal of a Commissioner to act. 3 & 4 VICTORIA, CapM. Which Declaration it shall be lawful for any Justice of the Peace acting for the said County of Radnor to receive, and he is hereby required to receive the same, and which Declaration shall be in lieu of and a Substitution for the Oath or Affirmation required by the said first-recited Act to be taken and subscribed by Persons acting as Commissioners in the Execution of any Act for dividing, allotting, or inclosing any Lands or Grounds; and 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 ; and the said Declaration, so made and subscribed, and also the Appointment of every new Commis-sioner, shall be annexed to and deposited with the Award to be made in pursuance of this and the first-recited Act. IV. And be it further enacted, That if either of the said Commissioners appointed by this Act shall refuse or neglect to attend the First or Second Meeting appointed to be held for putting this Act into execution, and to qualify himself by making the Declaration in that Behalf prescribed ; or...

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