West and East Ardsley (Yorkshire, West Riding) inclosure Act 1826

Publication Date:January 01, 1826
West and East Ardsley (Yorkshire, West Riding) inclosure Act 1826

(7 Geo. 4) c. 14

An Act for inclosing and exonerating from Tithes Lands in the Parishes of West Ardsley otherwise Woodchurch, and East Ardsley, in the West Riding of the County of York.

[5th May 1826]

ANNO SEPTIMO GEORGII IV. REGIS. MMl*************************************** Cap.14. An Act for inclosing and exonerating from Tithes Lands in the Parishes of West Ardsley otherwise Woodchurch, and East Ardsley, in the West Riding of the County of York. [5th May 1826.] W HEREAS there are within the Manors and Parishes of West Ardsley otherwise Woodchurch, and Hast Ardsley, in the West Riding of the County of York, divers Com mons and Waste Grounds, containing altogether by Estimation Five hundred and seventy-nine Acres or thereabouts: And whereas the Right Honourable Robert Earl of Cardigan is Lord of the Manor of West Ardsley otherwise Woodchurch aforesaid, and as such is Owner of the Soil of the Commons and Waste Grounds within the same Manor, and of all Mines and Minerals within and under the same Commons and Waste Lands: And whereas Benjamin Dealtry Esquire is Lord of the Manor of East Ardsley aforesaid, and as such is Owner of the Soil of the Commons and Waste Grounds within the same Manor, and of all Mines and Minerals within and under the same Commons and Waste Lands: And whereas the said Robert Earl of Cardigan is Lay Impropriator, and entitled to the Right of Nomination to the Perpetual Curacies of West Ardsley otherwise Woodchurch, and East Ardsley, and the Reverend John Hepworth Clerk is the Curate of the said Perpetual Curacy of West Ardsley otherwise Woodchurch, and the Reverend William Dixon Clerk is the Curate of the said Per petual Curacy of East Ardsley .* And whereas the said Rober't Earl of Cardigan, and the said John Hepworth and William Dixon respectively, \_Private.~ file:///_Private.~ ] 4 f are 298 7GE0RGII IV. Cap.U. are or claim to be entitled to all and every the Ttt&es, both Great and Small, arising, renewing, and increasing from and out of the Lands and Grounds within the said several Parishes subject or liable to the Payment of Tithes : And whereas the said John Hepworth and W'- liam-Dixon, as such Curates as aforesaid, are entitled to certainGlebe Lands situate within the said Parishes respectively: And whereas the said Robert Earl of Cardigan, the said Benjamin Dealtry, Thomas Edward Copley Esquire, the Reverend William Wood, Francis Maude Esquire, and divers other Persons, are respectively the Owners and Proprietors of or otherwise interested in the said Commons or Waste Grounds: And whereas the said Commons and Waste Grounds yield but little Profit, and are in their present State incapable of any considerable Improvement, and it would be advantageous if the same were divided and allotted unto and amongst the several Persons in terested therein, and inclosed; and it would also be advantageous to the Parties interested, if, in consideration of an adequate Equivalent, all the Lands and Grounds within the said several Parishes of West Ardsley otherwise Woodchurch, and East Ardsley, as well open as inclosed, were exonerated and discharged from Tithes; but the several beneficial Objects aforesaid cannot be effected without the Aid and Authority of Parliament: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the 41G.3.C.109. Third, intituled An Actfor consolidating in One Actcertain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of proving the several Facts usually required on passing of such Acts : l & 2 G. 4. And whereas another Act was passed in the Second Year of tife c 23. Reign of His present Majesty King George the Fourth, intituled An Act to amend the Laxe respecting the inclosing ofOpen Fields, Pastures, Moors, Commons, and Waste Lands, in England: May it therefore please Your Majesty that itmay 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 Commis- Parliament assembled, and by the Authority of the same, That Jonathfai pointedaP" Taylor of Leeds in the County of York, Land Surveyor, shall be and is hereby appointed the Commissioner for valuing, dividing, allotting^' inclosiiig, and otherwise improving all the Commons and Waste* Grounds within the said several Parishes of West Ardsley otherwise Woodchurch, and East Ardsley, and for carrying this Act into Execu-tion, subject to the Rules, Orders, and Directions herein-after men-tioned, and with such Powers, Directions, and Regulations as are contained in the Acts herein-before referred to, which shall be applied," deemed, and taken as Part of this Act, except in such Cases only as the same are hereby varied or altered. sioner. Appointment IL And be it further enacted, That if the said Jonathan Taylor, ai of future a*ny other Commissioner to be appointed in his Stead, as herein-after raims" mentioned, shall die, neglect or refuse for the Space of Two Calendar Months to act, or become incapable of acting before the Powers hereby vested in him shall be executed, then, and so often as any of the said Events shall oeeur, a Public Meeting of the several Persons who for the Time being shall respectively be interested in the Lands and Grounds so intended to be divided, allotted, and inclosed as affe- 5 said, 2m 7-GEOR6lI IV. %14. .said,.shall be called by any Two or more of such Persohs,- n^jbe heM. within one of the said Parishes respectiveiy, as soh as con-veniently raay be after such Commissioner shall die, refuse r neglect to act, or become incpable of acting, and of which Meeting at lest Fourteen Days previous Notice shall be given, in like Manrier as other Notices of Meetings are hereby directed to be given, iaocttf*& Proprietors then and there assembled, or the major Part of them in Value (such Value to be ascertained by the Land Tax Assessment), or their respective Agents or Solicitors duly authorized by Wrifcmg under the Hands of the respective Proprietors, shall and may nomi-nate, elect, and appoint some other Person (not interested in the said Division and Inclosure, or Tithes,) to be a Commissioner in tbeRoomor Stead of the said Jonathan Taylor, and so from Time to Time as. often as any future Vacancy in that Office shall happen, by any Commissioner dying, refusing or neglecting to act, or becoming incapable of acting as aforesaid; and every Person so to be elected and appointed Commissioner shall be invested with, and have the same Powers and uthori-ties in all respects to act in the Execution of this Act and the said recited Acts, as if he had been originally nominated and appointed the Commissioner in and by this Act. III. And be it further enacted, That the said Commissioner shall Appointment have Power, and he is duly authorized to appoint some fit and proper of Clerk. Person to be his Clerk, to assist him in carrying this Act and the said recited Acts into Execution, and such Clerk to remove, and appoint some other fit and proper Person to succeed him in such Office, and so from Time to Time to remove any future Clerk, and appoint another in his Stead, as often as occasion shall in the Judgment of the Commissioner appear to require ; and every such Clerk shall be paid such Sum or Sums of Money for his or their Time and Trouble as the said Commissioner shall think reasonable. IV. And be it further enacted, That Alfred Smith of Preston in Appointment the County of York, Land Surveyor, shall be and is hereby appointed of Surveyor. Surveyor for the Purposes of this Act and the said recited Acts; and if the said Alfred Smith, or any Surveyor to be appointed in his Stead, shall die before the Execution of all the Duties hereby or by the said recited Acts reposed in him or them, then and in every such Case the said Commissioner shall have Power, and he is hereby authorized to appoint some other fit and proper Person, not interested in the said Division, to succeed to such Office, and so from Time to Time as often as any future Vacancy in that Office shall happen; and all and every such Surveyor shall be paid such Sum or Sums of Money for his and their Pains, Trouble, Expences, and Attendances, as the said Commissioner shall think just and reasonable: Provided alwTays, that Surveyor to the said Alfred Smith, and every other Person to be appointed Sur- vbe an Oath. veyor, shall take and subscribe an Oath, or being a Quaker, an Affirmation, in the Form following; (thatistosay), * T A. B. do swear [or being one of the People called Qukers, do Form 0f solemnly affirm], That I will faithfully, impartially, and honestly Oath. 1 do, execute, and perfbrm theseveral Duties incumbent upon me as. ' Surveyor, 300 Notice and Adjournment of Meetings. How other Notices are to begiven. 7GEORGII IV. CapM, 1 Surveyor, by virtue of an Act passed in the Seventh Year of the ' Reign of King George the Fourth, intituled [here insert the Title of * this Act] according to the best of my Skill and Judgment, and with- ' out Favour or Aftection, Prejudice or Partiality, to any Person or " Persons whomsoever. So help me GOD.' Which Oath the said Commissioner is hereby empowered and required to administer; and the said Oath, when so taken and subscribed by .every such Surveyor, shall be annexed to and deposited with the Award of the said Commissioner. V. And be it further enacted, That the said Commissioner shall and he is hereby required to cause Notice to be given in the News- paper called The Leeds Mercury, or York Herald, or in some other Newspaper published in the West Riding of the County of York, and also in the Parish Churches of West Ardsley otherwise Woodchurch, and East Ardsley aforesaid, on some Sunday immediately after Divine Service, or by Writing to be affixed upon the principal outer Door of such Churches respectively, of the Time and Place of his First and every subsequent...

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