St. Harmon, Nantmel, Llanyre and Llanvihangel Helyan (Radnorshire) inclosure Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. 16 |
| Year | 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, allot-
ting, 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 Regu-
lations herein contained, and also subject to the Powers and Provi-
sions 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 ascer-
tained 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 Improve-
ment,) to be a Commissioner or Commissioners in the Room and
Stead of the said Josiah
Castree
or John lveson, or other Commis-
sioner or Commissioners so dying, neglecting, refusing, or becoming
incapable to act as aforesaid ; and every new Commissioner so nomi-
nated and appointed shall from and immediately after his Appoint-
ment, 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
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