Whitle (Derbyshire) inclosure Act 1826

Cited as:1826 c. 4
Jurisdiction:UK Non-devolved
Whitle (Derbyshire) inclosure Act 1826

(7 Geo. 4) c. 4

An Act for dividing, allotting, and inclosing the Commons or Waste Lands in the Hamlet of Whitle, in the Parish of Glossop in the County of Derby.

[22d March 1826]

ANNO SEPTIMO GEORGII IV. REGIS. t#*********#**M# HI#t##### tt#M####w#w Cap. 4. An Act for dividing, allotting, and inclosing the Commonsor Waste Lands in the Hamlet of Whitle, in the Parish of Glossop in the County of Derby. [22d March 1826.] W HEREAS there are within the Hamlet of Whitle, in the Parish oi'Glossop in the County of Derby, certain Commons and Waste Lands, respectively called New Mills Lee, Whitle Bank, Shaw Marsh, and Broadhurst Edge, and certain other small Strips and Parcels of Common and Waste Land, containing together by Estimation Two hundred and twenty Acres of Land or there- abouts: And whereas the King's most Excellent Majesty, in right of HisDuchy of Lancaster, is Lord of theManor of High Peak in the County of Derby, Part and Parcel of the said Duchy, in which the Hamlet of Whitle is situate: And whereas Wilbraliam Egerton Esquire.Lwcy Newton Widow, George Ferns, Ralph Bower, and divers other Persons, as Owners and Proprietors of or otherwise interested in certain ancient Messuages, Lands, Tenements, and Hereditaments within the said Hamlet, are entitled to the Soil and Freehold of or otherwise interested in the aforesaid Commons or Waste Lands, sub- [Pritufe.] t ject 74 7*GE0RGII IV. CapA. ject to the Rights of the Owner or Owners of the Tithes therein or thereof: And whereas the said Commons and Waste Lands in their present State are subject to continual Encroachments, and of little Value to the Majority of the Owners or Proprietors thereof, but are capable of considerable Improvement; and it would be very advantgeous to the Persons interested therein, if Part of the same were sold for the Purpose of raising Money to defray the Expences of obtaining and carrying into Execution this Act, and the Residue were divided and specific Shares thereof allotted unto and amongst the several Proprietors thereof, in proportion and according to their several and respective Estates, Rights, and Interests, and if such Allotments were inclosed: 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. Thir,'mtitu\ed An Act for consolidating in one Act certain Provisions usually inserted in Acts oflnclosure, and for facilitating the Mode qf proving the several Facts usually required on the passing ofsuch Acts: And whereas another Act was passed in the First and Second Years 1&2G.4. of the Reign of His present Majesty, intituled An Act to amend the c*23# Laxes respecting the inclosing qfOpen Fields, P astures, Moors, Commons, and Waste Lands, in England: 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 Parliament Commis. ssembled, and by the Authority of the same, That William Barker sioner ap- of Staden in the County of Derby, Gentleman, shall be and he is hefeby pomted. appointed Commissioner for dividing, allotting, and inclosing the said Commons and Waste Lands in Whitle aforesaid, and for carrying this Act and the said recited Acts into Execution, subject to the Directions, Powers, Regulations, and Provisions contained in the said recited Acts, or such of them as are not varied or altered by or repugnant to any of the Directions, Powers, Regulations, and Provisions of this Act. For appoint- IL And be it further enacted, That when and as oflen as the said ing a new Commissioner, or any other Commissioner to be hereafter appointed Commis' by virtue'of this Act, shall die, or refuse to act, or become incapacitated, or neglect for the Space of Three Calendar Months to act as such Commissioner in the Execution of this Act, then and in such Case the major Part in Value (to be ascertained by the then last Poor Rate Assessment) of the several Owners and Proprietors of the said ancient Messuages, Lands, Tenements, and Hereditaments, entitled to the said Commons or Waste Lands for the Time being, present at some public Meeting to be holden in the said Parish oWlossop, of /wbich Meeting, and the Purpose thereof, Notice shall be given by ;ny Two or more of the said Owners or Proprietors, at least Forty Pays previous to such Meeting, by affixing such Notice on the .prinzipal outer Door of the Parish Church of Glossop aforesaid, and by inserting the same in the Derby Mercury, or some other public weekly Newspaper printed or circulated in the County of Derby, shall and they are hereby required and empowered from Time to Xime, by Writing under their Hands, to appoint some other Person (not interested in the said intended Division and Inclosre) to be a 5 Com- TGEORGII IV. CapA. 75 Cemi&issioner in the Room and Stead of such Commissioner so ying, or refusing or neglecting to act, or becoming incapable of acting as aforesaid ; and any Commissioner so to be appointed by such Owners and Proprietors as aforesaid shall (after taking the Oath or Affirmation prescribed by tbe said first-recited Act in that behalf) have the like Power and Authority for carrying this Act and the said recited Acts into Execution, and shall be subject and liable to the like Rules, Regulations, and Restrictions, as if he had been originally nominated a Commissioner in and by this Act. III. And be it further enacted, That such Survey and dmeasure- Respecting ment of the Lands and Grounds within the said Hamlet of Whitle, Surveys, and or any Part or Parts thereof, as in the Judgment of the said Commis- ^^f sioner shall be requisite and necessary for the Purposes of this Act, shall be made; and it shall be lawful for the said Commissioner, by Writing under his Hand, to nominate and appoint any Person (not interested in the said Division and Inclosure) to be Surveyor for the Purposes of this Act and the said recited Acts, and to order and direct such Sum and Sums of Money to be paid to such Surveyor for his Time and Trouble, as to the said Commissioner shall seem just and reasonable: Provided nevertheless, that it shall be lawful for the said Commissioner to adopt and make use of any Survey, Admeasure-ment, and Plan already made of the Lands and Grounds hereby directed to be divided, allotted, and inclosed, or of the ancient Free hold Inclosures within the said Hamlet of Whitle, without causing a new Survey and Admeasurement to be made thereof, as authorized or allowed by the said first-recited Act, and out of the Money to be raised by virtue of this Act to make such Satisfaction to the Person or Persons producing such approved Map, Plan, or Survey, as he the said Commissioner shall think fit and reasonable: Provided also, that nothing in the said first-recited Act or this Act contained shall extend to require the said Commissioner to make or cause to be made any Admeasurement, Plan, or Valuation of any of the Messuages, Cot-tages, Gardens, Homesteads, ancient Inclosures, Lands and Grounds in the said Hamlet ofJVIiitle, unless the said Commissioner shall deem such Admeasurement, Plan, or Valuation expedient for the Purposes of this Act IV. And be it further enacted, That the said Commissioner shall Appointment and he is hereby authorized and required to appoint a Clerk to assist f Clerk. him in the Execution of the Powers of this Act, and from Time to Time to remove such Clerk, and appoint another in his Stead, as to such Commissioner shall seem meet. V. And be it further enacted, That the said Commissioner shall Notice of and he is hereby required to give or cause to be given public Notice Meeting. in the Derby Mercury Paper, or in some other Newspaper or News- papers circulated in the County of Derby, and also Notice in Writing, by affixing the same on the principal Door of the Parish Church of Gfossop aforesaid, on some Sunday immediately before Divine Service, of the Time and Place of the First and every subsequent Meeting for the Execution of this Act, Ten Days at least before every such Meeting, 76 Other Notices. Proceedings tobe entered. Commis-sioner may ettle Disputes ; but not de- termine Titles, nor molest Possession. 7'GEORGII IV. CapA. Meeting, (Meetings by Adjournment only excepted), which jWfl Meetings shall be held within the said Hamlet of Whifle, or withia Three Miles from the Boundary thereof; and if the said Comvm sioner shall not attend at the Time and Place appointed forany such Meeting, or to which any such Meeting shall be adjourned, it shall be lawful for the Clerk to the said Commissioner to adjourn such Meeting to any future Day, not exceeding Fourteen Days from the Day of such Adjournment, to be holden at the same Place, or at sotrie other convenient Place within the Distance of Three Miles from t&e Said Hamlet of Whitle, as to the Majority in Number as aforesaid of the said Proprietors then present shall seem fit and proper; and the Said Clerk is hereby required to give Notice of such Adjournment t the said Commissioner Ten Days at least before the Day appointed for such Meeting. VI. Provided always, and be it further enacted, That all other Notices necessary and requisite to begiven by the said Commissioner in pursuance of this Act or the said recited Acts, (the Manner of giving which is not hereby orthereby otherwise particularly directed), shall be given by Advertisement in the Derby Mercury, or in sorfle other Newspaper or Newspapers usually published or circulated in the said County of Derby. VII. And be it further enacted, That all Orders and Proceedings of the said Commissioner shall be entered in a Book or Books to be provided for that Purpose, and shall be signed by the said Commis sioner j and such Orders shall or may be read in Evidence in all Suits or Proceedings concerning any thing done in relation to the Execution of this Act VIII. And be it further enacted, That...

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