Eastmeon (Hampshire) inclosure Act 1839

JurisdictionUK Non-devolved
Citation1839 c. 1
Year1839
ANNO SECUNDO
VICTORLE REGINiE
#***#*************************************#********
Cap,
1.
An Act for inclosing certain Open and Common
Downs or Sheep walks within the several Tithings
of Oxenbourn and Ramsdean in the Parish and
Manor of Eastmeon in the County of Southampton.
[L4th May 1839.]
HEREAS there are within the several Tithings of Oxen-
W bourn
in the County of
Southampton'
certain Open and Common
Downs or Sheepwalks called Oxenbourn and Ramsdean Doxvns,
containing in the whole by Estimation One thousand three hundred
and ninety-five Acres;
*viz.
the said
Oxenbourn
Down containing One
thousand and three Acres or thereabouts, and the said Ramsdean
Dawn containing Three hundred and ninety-two Acres or there-
abouts : And whereas the Lord Bishop of
Winchester*
in right of his
Bishoprick, is Lord of the said Manor of Eastmeon, and as such
is entitled to the Lord's Right in the Soil of the said Common Downs
within the said several Tithings of
Oxenbourn
and Ramsdean : And
whereas Sir Samuel
Clark
Jervoise, Sir Richard Jackson, John Bonham
Carter Esquire, Daniel Quarrier Esquire, William Weeks, and George
Hellyer senior, and divers other Persons, are the Owners and Pro-
prietors of divers Lands and Hereditaments within the said Tithings
respectively, and in respect thereof are entitled to certain Rights of
Common in, over, or upon the said Open and Common Downs, or
One of them ; And whereas an Act was passed in the Forty-first Year
[Private.*} a g of
4 2° VICTORIA
Cap
A.
1 &2G.4.
c.23,
sioner ap-
pointed.
41G.3.C.109. of the Reign of His late Majesty King George the Third, 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 an
Act was passed in the Second Year of the Reign of His late Majesty
King George the Fourth, intituled ^-ra Act
to
amend the Law respecting
the inclosing of
Open
Fields, Pastures, Moors, Common and Waste
Lands in England: And whereas it would be highly advantageous to
the several Persons interested in the said Open and Common Downs
if the Exercise of Right of Common over the same were to be extin^
guished, and if the same were to be divided and inclosed, and if
specific Parts and Shares thereof were to be allotted unto the several
Persons interested therein, according to their respective Rights and
Interests; but such Extinguishment, Division, Allotment, and In-
closure cannot be effected without the 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
Commons, in this present Parliament assembled, and by the Authority
Commis- of the same, That
Charles
Osborne of Hayling Island in the County
of Southampton, Gentleman, shall be and he is hereby appointed sole
Commissioner for setting out, dividing, allotting, and inclosing the
said Open and Common Downs or Sheepwalks within the said Tithings
of Oxenbourn and
Rarnsdean
respectively, and for carrying into exe-
cution the several other Purposes of this Act, pursuant to the Powers,
Regulations, and Directions herein-after contained, and to such of
the Powers, Authorities, Regulations, Restrictions, and Provisions
contained in the said recited Acts as are not controlled by or repugnant
to any of the Clauses and Provisions contained in this Act.
r
II.
And be it further enacted, That if the said Charles
Osborne,
the
Commissioner appointed by this Act, or any other Commissioner to
be appointed in his Place in manner herein-after mentioned, shall die,
or 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 fully executed, then and so often as any of the said
Events shall occur a public Meeting of the several Persons who
respectively for the Time.being shall be interested in the said Open
and Common Downs or Sheepwalks hereby directed to be divided,
allotted, and inclosed shall be called by any Two or more of such
Persons, and be held within the said Parish of Eastmeon, as soon as
conveniently may be after the Death, Neglect, Refusal, or Incapacity
of such Commissioner shall happen, and of which Meeting at least Ten
Days previous Notice shall be given and published in the Newspaper
called the Hampshire Chronicle, if that Newspaper shall be then
published, or in case the same shall not then be published* in some other
Newspaper generally circulated in the County of Southampton ; and
the Proprietors then and there assembled, or the major Part of them in
Value, (such Value to be ascertained by the Poor Rate Assessment for
the current Year,) or their respective Agents or Solicitor?, duly autho-
rized by Writing under the Hands of the respective Proprietqrs, shall and
may nominate, elect, and appoint some other proper Person (not
interested in the said Division and Inclosure) to be a Commissioner in
l the
Appoint-
ment of
future Com
missioner.

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