Colmworth (Bedfordshire) inclosure and tithes exoneration Act 1834

Publication Date:January 01, 1834
Colmworth (Bedfordshire) inclosure and tithes exoneration Act 1834

(4 & 5 Will. 4) c. 13

An Act for inclosing and exonerating from Tithes Lands in the Parish of Colmworth in the County of Bedford.

[16th June 1834]

ANNO QUATtTO GULIELMI IV. REGIS. ***** ****.****************************#***# ********* **. Cap, 13. An Act for inclosing and exonerating from Tithes Lands in the Parish"'off Colmworthhithe County of Bedford. [16th June 1834.] W HERE AS there are within the Parish of Cohnxvorlh in the County of Bedford divers Common and Open Fields, Meadows, Commons, and other Commonable Lands and Grounds, containing together by Estimation One thousand six hun dred Acres or thereabouts, and also divers ancient inclosed Lands and Grounds : And whereas the Reverend John Staunton Doctor of Laws, Lewin Cholmley Esquire, and Richard Bartram Esquire, as Devisees in Trust for Sarah Elye KorrisWidow under the Will of the late Reverend Leonard Towne Clerk, claim to be Lords of the Manor of Colmworth aforesaid : And whereas the Reverend Robert Wade Gery Clerk is Patron of the Rectory of Colmworth aforesaid: And whereas the said Robert Wade Gery Clerk is also Rector of the said Rectory and Parish Church of Colrmi'orth aforesaid^ and is entitled to the Great and SmallTithes arising within the said Parish: And whereas the said Devisees in Trust for the said Sarah Elye Norris under the Will of the said Leotiard Towne, the Right Honourable Robert Henley Lord Ongley, the Honourable and Reverend William Herbert Clerk, William Hugh Wade Gery Esquire, the said Robert Wade Gery, and others, are" Owners and Proprietors of the said Common and Open Fields, Meadows, Commons, and other Commonable Lands and Grounds in Colmworth aforesaid intended to be divided and inclosed [Private,'] 4 ^ and 326 4GULIELMI IV. Cap.13. and exonerated from Tithes, as well as of the ancient inclosed Lands in Colmworth aforesaid : And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, 41G.3.C.I09. intituled 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 1&2G.4.C.23.. Reign of His late Majesty King George the Fourth, intituled An Act to amend the Laws respecting the inclosing of Open Fields, Pastures, Moors, Commons, and Waste Lands in England : And whereas it would be to the Advantage of the several Proprietors if the said Common and Open Fields, Meadows, Commons, and other Commonable Lands and Grounds, were divided and allotted in specific Parts and Shares, and if all the Lands in the said Parish, as well open as inclosed, were exonerated from Tithes; but such beneficial Purposes cannot be effected 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 assembled, and by the Authority of Appointment the same, That Edward Arden of Morton in the County of Lincoln, of Commis- ancj Thomas Btoodworth of Kimbolton in the County of Huntingdon, Gentlemen, (and their Successors to be appointed in manner hereinafter mentioned,) shall be and they are hereby appointed Commissioners for dividing, allotting, and inclosing the Common and Open Fields, Meadows, Commons, Commonable Lands and Grounds in the Parish of Colmworth aforesaid, and for carrying this Act into execution, subject to the Rules, Orders, and Directions herein contained, and also subject to such of the Powers and Provisions contained in the said recited Acts or either of them as are not expressly altered, varied, or otherwise provided for by this Act.. Appointment II. And be it further enacted, That if the said Edward Arden, or of new Com- any other Commissioner to be appointed in his Stead as herein-after missioners. mentioned, shall die, or refuse to act, or become incapacitated or neglect for the Space of Three Calendar Months to act as a Commissioner in the Execution of this Act and the said recited Acts before all the Powers, Authorities, and Trusts reposed and vested in the said Commissioners shall be fully executed and performed, then and in every such Case the Proprietors or Persons interested in the said Common and Open Fields, Meadows, Commons, Commonable Lands and Grounds hereby directed to be divided, allotted, and inclosed, (except the Rector,) or the major Part of them in Value, such Value to be ascertained by the Land Tax Assessment of the said Parish of Colm-iisorth for the then current Year, who shall be present in Person, or by their respective Attornies or Agents, at a Meeting to be appointed for that Purpose by the surviving or remaining Commissioner, or by any Three or more of such Owners or Proprietors, within Twenty-eight Days after such Death, Refusal, Incapacity, or Neglect shall happen or be known, (of which Meeting Notice shall be given by the surviving or remaining Commissioner, or by any Three or more of such Owners and Proprietors or their respective Attornies or Agents, by affixing such Notice on the principal outer Door of the i Parish 46GULIELMI IV, Cap. 13. 327 Parish Church of Colmworth upon some Sunday before Divine Service, and causing the same to be inserted in the Newspapers called the Northampton-Herald and County Press, or One of them, or some other-Newspaper then printed or circulated in the said County, Fourteen Days at least before such Meeting,) shall and may elect, and by Writing under their Hands nominate and appoint, a proper Person (not being interested in the said Inclosure) to be a Commissioner in the Place and Stead of the said Edward Arden or of any other Commissioner to be appointed in his Stead; and if the said Thomas Bloodworth, or any other Commissioner to be appointed in his Stead as herein-after mentioned, shall die, or refuse to act, or become incapacitated or neglect for the Space of Three Calendar Months to act as a Commissioner in the Execution of this Act and the said recited Acts before all the Powers, Authorities, and Trusts reposed and vested in the said Commissioners shall be fully executed and performed, then and in every such Case it shall be lawful for the said Rector for the Time being, at any Time within Twenty-eight Days next after such Death, Refusal, Incapacity, or Neglect shall happen or be made known to him, by Writing under the Seal of the said Rector to appoint any other Person (not being interested in the said Inclosure) to be a Commissioner for the Purposes of this Act and the said recited Acts in the Place of the said Thomas Bloodworth or of any other Commissioner to be appointed in his Stead; but if the said respective Parties shall neglect to make such Appointment or Appointments as aforesaid, then and in every such Case the surviving or remaining Commissioner shall and he is hereby required forthwith, by any Instrument or Writing under his Hand and Seal, to, appoint. another Person (not interested in the Premises) to. be a Commissioner for the Purposes of this Art and the said recited Acts in the Place; and Stead of the Commissioner so dying, or refusing or neglecting to act or become incapable of acting as aforesaid; and every Person, so to be appointed a Commissioner as aforesaid shall take arid suh^ scribe the Oath or Affirmation prescribed by the said first-recited Act,, and shall thereupon have such and the like Powers and Authorities, in all respects for carrying this* Act and the said recited Acts into execution as if he had been named a Commissioner in. and by this, Act. III. And for the Purpose of settling and Determining any Differences Appointment or Disputes, Difference or Dispute, that may arise between the said of Umpire. Commissioners touching or concerning any of the Matters and Things to be by them done and performed in pursuance of this Act or the said recited Acts, be it further enacted, That Marion Welstead of Kimbolton in the said County of Huntingdon, Gentleman* shall be and he is hereby appointed Umpire, and he is hereby authorized and required to hear and determine every such Difference and Dispute as may arise between the said Commissioners touching any Act, Matter, or Thing relating to the said Division, Allotment, and Inclosure, or any of the Purposes of the said recited Act or of this Act; and the Judgment and Determination of the said Umpire therein shall be deemed and considered to be the Judgment and Determination of the said Commissioners, and shall be final and conclusive upon the said Commissioners, and upon all other Persons concerned in the said Division 328 4QGULIELMI IV. Cap. IS, Division and Inclosure, so far as the Judgment and Acts of the said Commissioners are by the said Acts or either of them made final and. conclusive. Appointment IV. And be it further enacted, That if the said Marion Welstead, of Umpire on or any future Umpire to be appointed as herein-after is mentioned, Vacancies. gna|j neg]ect or refuse to act under this Act, or shall die, or become incapacitated, or neglect for the Space of One Calendar Month to act as Umpire in the Execution of this Act before the Powers and Trusts reposed in the said Commissioners shall have been fully executed, the said Commissioners shall and they are hereby authorized by Writing under their Hands to appoint some other fit Person (not interested in the said Division) to be an Umpire in the Place of the said Marion Welstead, or any future Umpire so neglecting or refusing to act, or dying, or becoming incapable of acting; and if the Commissioners cannot agree in the Choice of a Person to supply the Place of an Umpire on any such Vacancy, then and in every such Case the Proprietors or Persons interested in the said Common and Open Fields, Meadows...

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