Extinguishing the rights of stray and average over half-year lands situated outside Walmgate Bar in the suburbs of York Act 1824
| Jurisdiction | UK Non-devolved |
| Citation | 1824 c. 30 |
ANNO QUINTO
GEORGII IV. REGIS.
Cap.
30.
An Act for extinguishing the Rights of Stray and
Average over certain Lands called Half-year
Lands, situate without
Walmgate
Bar, in the
Suburbs
or
Precincts of the City of York.
[17th
June
1824.]
W
HEREAS Paul Beilby
Thompson
Esquire,
William
Leo-
nard Pickard Clerk, Samuel Tuke,
Thomas
Kirby, and
others, are Owners and Proprietors of certain Goses or
Parcels of Ground called Half-year Lands, containing together
One hundred and forty Acres or thereabouts, which are respec-
tively situate within such Parts of the Suburbs or Precincts of the
said City of York as are called Walmgate
Ward:
And whereas
certain Freemen of the said City of York, residing within the said
Division or Ward called
Walmgate
Ward,
are entitled to a Right of
Common, Stray, or Average in, upon, or over all the said Closes or
Parcels of Ground called
Half-year
Lands,
from the Tenth Day of
October
to the Sixth Day of April in every Year, in such Manner and
for such commonable Cattle as the same hath been immemorially
enjoyed by such Freemen: And whereas an Act was passed in the
Forty-first Year of the Reign of His late Majesty, intituled An Act 41G3.C.109
Jbr consolidating in one
Act
certain Provisions usually inserted in Acts
[Private.] $e of
1&2G4.C.23.
Commis-
sioners ap-
pointed.
662 5°GEORGII IV. "Oi/j.30.
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 Reign of His
present Majesty, intituled An Act to amend tlie Laws respecting the
inclosing of open Fields, Pastures, Moors, Commons, and Waste
Lands in England: And whereas the said several Closes or Parcels of
Ground called Half year Lands are in their present State capable of
very little Improvement; but by reason of their Vicinity to the said
City of York would become of greater Value, if the Rights of
Common, Stray, and Average, in, over, and upon the same, were ex-
tinguished, and Compensation made for the same as is herein-after
mentioned: And whereas the several Parties interested in the Pre-
mises have come to an Agreement for effecting these Purposes; but
the same cannot be carried into Execution without the Authority of
Parliament: May it therefore please Your Majesty that it may be
enacted; and be it enacted by tlie King's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and by
the Authority of the same, That William Ware of Skirpenbeek in
the County of York, and John Ayer of Hcslington in the same
County, Gentlemen, shall be and they are hereby nominated and ap-
pointed Commissioners for carrying this Act, and also such of the
Powers contained in the said recited Acts as are not hereby varied or
altered, into Execution, under and subject to such of the Provisions,
Regulations, and Restrictions contained in the said recited Acts, as
are not varied or altered by or repugnant to the Powers or Provi-
sions of this Act.
Umpire to
II. And, for the Purpose of settling and determining atiy Dif-
be
appointed.
fereiM;e
or Dispute which may arise between the said Commissioners
touching or concerning any of the Matters and Things to be by
them done and performed in pursuance of the said recited Acts or
of this Act, be it further enacted, That the said Commissioners shall
and they are hereby required, immediately after taking and sub-
scribing the Oath or Affirmation by the said first-recited Act directed
to be by Commissioners taken and subscribed, by Writing under
their Hands to choose, nominate, and appoint some proper and
skilful Person (not interested in the said Lands and Grounds}^ who
shall be willing and consent to act as Umpire, or in case tie said
Commissioners cannot agree in such Nomination or Appointment,
then it shall be lawful for the said Commissioners, or One of them,
to call a Meeting or Meetings of the Proprietors of the Lands and
Grounds to be divided or allotted by virtue of this Act, and at any
such Meeting it shall be lawful for the Proprietors assembled, or the
Majority of such Proprietors in Value, according to the Land Tax
Assessment, to elect and appoint some proper Person (not inte-
rested as aforesaid) who shall be willing and consent to act as
Umpire
j
and such Umpire is hereby authorized and required to
hear and determine any such Difference or Dispute between the said
Commissioners relating to any Matter or Thing touching the Execu-
tion of this Act or the said recited Acts; and the Judgment and
Determination of the said Umpire shall be deemed and oonodfifid
to
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