Whitley (Yorkshire) inclosure Act 1821

Cited as:1821 c. 31
Jurisdiction:UK Non-devolved
Whitley (Yorkshire) inclosure Act 1821

(1 & 2 Geo. 4) c. 31

An Act for inclosing Lands in the Manor of Whitley, in the Parish of Kirkheaton, in the West Riding of the County of York.

[8th June 1821]

ANNO PRIMO & SECUNDO GEORGII IV. REGIS. **W****************9****************************** Cap. 31. An Act for inclosing Lands in the Manor of Whitley, in the Parish of Kirkheaton, in the West Riding of the County of York. [8th June 1821. J *\\ THEREAS within the Manor of Whitley, in the Parish of Kirk- %/%/ heaton, in the County of Tork, there is a certain Common or T T Moor called Grange Moor, and various other Parcels of Waste, containing together One hundred and forty-two Acres, or thereabouts: And whereas Richard Henry Beaumont Esquire is Lord of the Manor of Whitley aforesaid, and the Owner of the Soil of the said Common and Waste Grounds, and the Coal Mines, Veins and Seams of Coal, and all other Mines and Minerals therein; and is likewise Owner of certain. Lands, Tenements, and Hereditaments within the said Manor of Whitley . And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled An Aft for consolidating 41G.3.C. 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 Richard Henry Beaumont, and Sir John Lister Kaye Baronet, and others, as Owners and Proprietors of Lands and Tenements within the said Manor of Whitley, are entitled to Right of Common upon the said Common and Wastes, which, in their present State, yield but little Profit; and it would be advantageous to such Owners and Proprietors if the said Common and Wastes were divided and [Private.'] 7 / inclosed, 594 1&2GE0RGII IV Cap.Sh inclosed, and specific Shares allotted to them, according to their respective Interests therein; but such Division and Inclosure cannot be effected and established without the Aid and Authority of Parliament: 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 assem- Appointment bled, and by the Authority of the same, That the said Common and of Commis- Waste Grounds shall, as soon as conveniently may be, be set out, divided, sloner* and allotted unto and amongst the said several Owners and Proprietors, and other Persons interested, according to their several and respective Rights and Interests therein, by William Pilkington of Thome, in the County of Tork, Gentleman, who shall be and is hereby appointed Commissioner for that Purpose, and for carrying the several other Purposes of this Act and also the said recited Act into Execution, and all and every the Powers and Provisions herein and therein contained (except such Parts of the said recited Act as are hereby varied or altered), and under and subject to such of the Rules, Orders, Regulations, Restrictions, Provisions, and Directions contained in the said recited Act, as are not repugnant to the Powers and Provisions of this Act; and that it shall be lawful for any Justice of the Peace for the West Riding of the County of Tork to administer to the Commissioner for executing this Act the Oath or Affirmation directed by the said recited Act to be taken by Commissioners. Appointment \\m And be it further enacted, That if the said William Pilkington shall of new Com- ^j^ Qr refuse or Decome incapacitated or neglect to act for the Space of case of Death Three Calendar Months, when Occasion shall require his Attendance on or not acting, the Business of the said Inclosure, unless prevented by Illness, then and in such Case it shall be lawful for the Lord of the Manor, and a Majority in Value (to be ascertained by the Land Tax Assessment) of the Persons interested in the Lands hereby intended to be divided and inclosed, tfhb shall be present by themselves, or their Stewards or Agents, at a Meeting to be holden for that Purpose in the Vestry of the Parish Church of Kirkheaton, pursuant to Notice affixed upon the principal outer Door of the said Church, specifying the Time and Place of such Meeting, upon a Sunday at least Ten Days before such Meeting, to elect a proper Persdi, not interested in the said Inclosure, to be a Commissioner in the Room of the said William Pilkington; provided that, before such Person so to'be appointed a new Commissioner as aforesaid shall act, the Lord of the said Manor shall, by Writing under his Hand, signify his Approbation of such Appointment; and such Person so appointed, after taking the Oath.pftt scribed by the said recited Act, shall be Commissioner for the Purposes" of this Act, and shall be invested with such and the like Powers and Authorities as if he had been originally named Commissioner in and by this Act, and so toties quoties all future Vacancies shall be supplied in Mfce Manner and under the like Provisions. 6urveyor III. And be it further enacted, That Thomas Dinsley of Huddersfidd, appointed. m tne County of Tork, Land Surveyor, shall be and he is hereby aj* pointed the Surveyor of the Common and Waste Grounds,.and also of such ancient inclosed Lands, having Right of Common, as the said Com missioner shall think necessary to be surveyed for the Purposes of this Act j and in case oi the Death, Neglect, or Refusal to act, or Resigna tion of the said Thomas Dinsley, or of any future Surveyor, it shall be 6 lawful 1&2GE0RGII IV. CapM. 595 lawful for a Majority in Value, to be ascertained by the Land Tax Assessment, of the Persons interested in the Lands hereby intended to be divided and inclosed, who shall be present by themselves, their Stewards or Agents, at a Meeting to be holden for that Purpose in the Vestry of the Parish Church of Kirkheaton, pursuant to Notice to be affixed upon the principal outer Door of the said Church, specifying the Time and Place of such Meeting, upon a Sunday at least Ten Days before such Meeting, to appoint some other fit and competent Person or Persons, not interested in the said Lands and Grounds, to be the Surveyor or Surveyors for the Purposes of this Act: Provided always, that the said Thomas Dinsley, or such other Person or Persons so to be appointed Surveyor or Surveyors as aforesaid, before he or they shall proceed to act as such Surveyor, shall take and subscribe an Oath or Affirmation in the following Words; that is to say, ' T do swear [or, being one of the People called Quakers, do solemnly Oath. *? affirm], That I will faithfully, impartially, and honestly do, execute, e and perform the several Duties incumbent on me as Surveyor, under ' and by virtue of an Act passed in the Second Year of the Reign of King George the Fourth, intituled An Act for inclosing Lands in the ' Manor of Whitley, in the Parish of Kirkheaton, in the West Riding of the County of York, according to the best of my Skill and Judgment, and ' according to Equity and good Conscience, and without Partiality, Favour or Affection, Prejudice or Malice, to any Person or Persons ' whomsoever. So help me GOD/ Which Oath or Affirmation the said Commissioner, or any Justice of the Peace for the said West Riding, is hereby empowered and required to administer; and the said Oath or Affirmation so taken and subscribed by such Surveyor shall be annexed to and enrolled with the Award of the said Commissioner, and an Office Copy of the Enrolment thereof shall be admitted as legal Evidence. IV. And be it further enacted, That the said Commissioner shall be Allowance paid or allowed by the said Proprietors the Sum of Three Guineas (and to Commis- no more) for every Day he shall attend and be employed at any Meeting s'oner and or Meetings, or going to or returning from thence, or otherwise howso ever, in executing the Powers and Authorities hereby given to him, in cluding his Expences; and the said Surveyor shall be paid such Sum or Sums of Money for Plans, Maps, Surveys, and Attendances, as the said Commissioner shall order and direct. V. And be it further enacted, That the said Commissioner shall cause Commiioner a Notice, specifying the Time and Place of his first Attendance or Meet- t? 8"? *J" ing for executing this Act, to be affixed on the principal outer Door of ?" *" the Parish Church of Kirkheaton aforesaid, on some Sunday before Divine Service, Ten Days at least before such Meeting; and it shall be lawful for the Commissioner to adjourn his Meetings, without giving any public Notice, as he shall see Occasion; and that all such Meetings to be held in pursuance of this Act or the said recited Act shall be held within the said Parish of Kirkheaton, or within Five Miles of the Boundary thereof. VI. And be it further enacted, That the Notices by the said recited Act Notices to required to be given in some public Newspaper shall be given in The -m The Leeds Leeds Intelligencer. 596 Proprietors and Agents to bear their own Ex-pences. Proceedings to be entered in a Book. Commissioner empowered to determine Differences. Power to award Costs. 1&2GE0RGII IV. Op.31. Leeds Intelligencer; or if the said Newspaper shall not then be published, in some other Newspaper then published in Wakefield or at Leeds, in the said County of Tork. VII. And be it further enacted, That the said Proprietors, their At- tornies and Agents, shall pay their own Expences when they, or any of them, shall attend the said Commissioner or Surveyor on any Business relating to this Act or the said recited Act. VIII. And be it further enacted, That all Orders and Proceedings of the said Commissioner shall be entered in a Book or Books to be pro vided for that Purpose, and shall be signed by such Commissioner; and such Book, and the Entries therein of such Orders respectively, shall and may be read in Evidence in all Suits or Actions concerning any thing done in relation to or in execution of...

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