Dronfield (Derbyshire) inclosure Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. 10 |
| Year | 1840 |
ANNO TERTIO
VICTORLE REGIN^.
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CapAO.
An Act for inclosing Lands in the Manor of Dron-
field in the County of Derby. [4th June 1840.]
W
HEREAS there are within the Manor of Dronfield in the
Parish of Dronfield in the County of Derby certain Com-
mons and Waste Grounds, containing together by Estima-
tion One hundred and fifty Acres or thereabouts, and the Population
of the Parish is One thousand six hundred and fifty or thereabouts:
And whereas John Butcher and John Charge Esquires, Devisees in
Trust under the Will of Joseph
Cecil
Esquire, deceased, are Lords of
the Manor of Dronfield aforesaid, and as such are Owners of the Soil
of the said Commons and Waste Grounds: And whereas the Queen's
most Excellent Majesty, in right of Her Crown, is Patroness of the
Vicarage of Dronfield aforesaid, and the Reverend William Spencer
Clerk is Vicar of the said Vicarage, and as such is entitled to certain
small Tithes within the said Manor of Dronfield: And whereas an
Act was passed in the Forty-first Year of the Reign of His Majesty
King George the Third, intituled An Act for consolidating in One Act 4IG.3.C.109.
certain Provisions usually inserted in Acts of Inclosure,
and
for facili-
tating the Mode of proving the several Facts usually required on the
passing of such Acts: And whereas an Act was passed in the First
and Second Years of the Reign of His late Majesty King George the
Fourth, intituled An Act to amend the Laws respecting the inclosing of i &
2
G.4.
Open Fields, Pastures, Moors,
Commons,
and Waste Lands in Eng-
c.
23.
land : And whereas the said Commons and Waste Grounds in their
present State yield little Profit, but are capable of considerable Im-
[Private.] 4 d provement,
290
Commis-
sioner ap-
pointed.
Commis-
sioner to
make a De-
claration.
3° VICTORIA,
CapAO.
provement, and it would be advantageous if the same were divided
and allotted unto and amongst the several Persons interested therein,
according to their several and respective Estates, Rights, and Interests,
and such Allotments inclosed ; 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 Queen's most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and Com-
mons,
in this present Parliament assembled, and by the Authority of
the same, That George Unmn of Whitwell in the County of Derby,
Gentleman, shall be and he is hereby appointed the Commissioner for
setting out, dividing, allotting, and inclosing the said Commons and
Waste Grounds, and for carrying this Act into execution, subject to
the Rules, Orders, and Directions herein-after mentioned, and with
such Powers, Directions, and Regulations as are contained in the Acts
lierein-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.
II.
Provided always, and be it further enacted, That no Person
shall be capable of acting as a Commissioner in the Execution of this
Act until he shall have made and subscribed the following Declara-
tion ; (that is to say,)
T A.B. do solemnly 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 Authorities vested and
reposed in me as a Commissioner by virtue of an Act passed in the
Third Year of the Reign of Queen Victoria, intituled [here set
forth the Title of
this
Act], according to Equity and good Con-
science, and without Favour or Affection, Prejudice or Partiality,
to any Person or Persons whomsoever.'
And such Declaration shall be in lieu of and as a Satisfaction for the
Oath or Affirmation required by the said recited Act of the Forty-
first Year of the Reign of King George the Third to be taken and
subscribed by Persons acting as Commissioners in the Execution of
an Act for dividing, allotting, or inclosing any Lands or Grounds';
and such Declaration shall be to all Intents and Purposes as valid
and effectual as the Oath or Affirmation in lieu whereof it shall have
been so made and subscribed.
Appointment
of future
Commis-
sioners.
III.
And be it further enacted, That if, before all the Powers and
Authorities hereby reposed in the said Commissioner shall have beea
fully executed and performed, the said George
TJmscin,
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 tfie
Execution of this Act and the said recited Acts, it shall be lawful for
the said Devisees in Trust under the Will of Joseph
Cecil
Esquire,
deceased, or the Lord of the said Manor for the Time being, and
they are hereby required, within Twenty-eight Days next after sudh
Death, Refusal, Incapacity, or Neglect shall be made known to them
or him, by Writing under their or his Hands or Hand, to appoint
1 some
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