Foulmire (Cambridgeshire) inclosure Act 1845

JurisdictionUK Non-devolved
Citation1845 c. 2
n*
ANNO OCTAVO
VICTORLE REGIN^E
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Cap,
2.
An Act for inclosing Lands in the Parish of
Foulmire in the Cotirity of Cambridge.
[20th May 1845.]
w
HEREAS there are within the Parish of Foulmire in the
County of Cambridge divers Open and Common Fields,
Meadows, Commons, Lammas and other Lands, Moors
and Waste
hundred and eleven Acres or thereabouts, and divers inclosed Lands
and Hereditaments: And whereas Mary Mitchell and,Anne Mitchell
are or claim to be Ladies of the Manor of Foulmire aforesaid : And
whereas the Reverend William Metcalfe, Rector of the said Parish of
Foulmire, is or claims to be, as such Rector, Lord of the Rectory
Manor in Foulmire aforesaid : And whereas the said Mary Mitchell
and Anne Mitchell, the Right Honourable Thomas Lord Dacre, the
Master and Fellows of Christ
College
in the University of Cambridge,
William Metcalfe Clerk, Octavious Wedd
William
Wedd9
Richard Papworth, and others, are Owners and Pro-
prietors of the said Open and Common Fields, Meadows, Commons,
Lammas and other Lands, Moors and Waste Grounds, and of the
said inclosed Lands and Hereditaments, within the said Parish of
Foulmire, and are or claim to be entitled to certain Rights of
Common and other Rights, Privileges, and Interests in* over, and
[Private h upon
30 8° VICTORIA, Cap.2.
1 & 2 G. 4
c*23*
upon the said Open and Common Fields, Meadows, Commons?
Lammas and other Lands, Moors and Waste Grounds, or otherwise
interested therein : And whereas an Act was passed in the Forty-first
41G.3.C.J09. Year of the Reign of 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 another
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 Open Fields, Pastures, Moors,
Commons, and Waste Lands in England : And whereas the Lands of
the several Owners and Proprietors of the Open and Common Fields,
Meadows, Commons, Lammas and other Lands, Moors and Waste
Grounds, within the said Parish of Foulmire, are greatly intermixed,
and lie dispersed in small Parcels, so as to render the Cultivation
thereof expensive and inconvenient, and the same are in their present
State incapable of any considerable Improvements, and it would be
of great Advantage to the Proprietors thereof and Persons interested
therein to have the same divided and inclosed, and specific Parts
thereof allotted to the Proprietors
thereof,
according to their respec-
tive Rights and Interests therein,, and such Allotments held in
Recited In-
closure Acts
to form Part
of this Act.
Appointment
of Commis-
sioners.
Severalty 5 and all Rights of Common and other Rights and Privileges
in, over, and upon the same respectively extinguished; but the bene-
ficial Purposes aforesaid 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 of the same, That the said Two recited Acts
passed respectively in the Forty-first Year of the Reign of King
George the Third, and in the First and Second Years of the Reign of
King George the Fourth, and the several Enactments and Provisions
thereof,
shall from the passing of this Act be deemed to be and shall
be executed as Part of this Act, except in such Cases wherein the
same are hereby respectively repealed or varied, or wherein the same
shall be inapplicable to the Purposes of this Act.
II.
And be it enacted, That Marion Welstead of Stonely Hall,
Kimbolton, in the County of Huntingdon, Gentleman, and Anthony
Jackson of Parkway in the County of Hertford, Gentleman, and
their Successors for the Time being, to be elected and appointed in
manner herein-after mentioned, shall be Commissioners for carrying
this Act and the said recited Acts into execution; and it shall be
lawful for the said Commissioners and they are hereby required
to divide, allot, and inclose the said Open and Common Fields,
Meadows, Commons, Waste
Qualification
of Commis-
sioners
Grounds, according to the Regulations and Provisions contained in
the said recited Acts and this Act: Provided always, that no Person
shall be capable of acting as such Commissioner (except in signing
and giving Notice of the First Meeting of the Commissioners) until
he shall have made and subscribed a Declaration in the Words or
to the Effect set forth in the Schedule (A.) to this Act; and such
Declaration shall be in lieu of the Oath or Affirmation required by the
10 said
8° VICTORIA, Cap.2. 31
said 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 any Act for dividing, allotting, or inclosing any
Lands or Grounds.
III-
And be it enacted, That if any Person, not having so qualified Penalty on
himself,
shall act as a Commissioner, he shall for every such Offence Persons
forfeit the Sum of Fifty Pounds, with full Costs of Suit, to any Person ^"g
j0t
who shall sue for the same, by Action of Debt or on the Case, in any qua ! e *
of Her Maiestv's Courts of Record at Westminster.
IV. And be it enacted, That in case the said Marion Wehtead, Appointment
or any Person to be appointed a Commissioner in his Room by virtue °/ Commis-
pf this Act, shall die, or become incapacitated, or neglect or refuse y ^
for the Space of Two Months to act as such Commissioner, it shall
be lawful -for the Ladies or Lords for the Time being of the said
Manor of Foulmire to appoint by Writing under their Hands some
fit Person to be a Commissioner in the Room of the said Marion
Welsteady or of the Commissioner appointed in his Place, and-so
from Time to Time as often as any such Commissioner shall die,
neglect or refuse or become incapable to act; and in case the said
Anthony Jackson, or any Person to be appointed a Commissioner in
his Room by virtue of this Act, shall die, or become incapacitated, or
neglect or refuse for the Space of Two Months to act as such Com-
missioner, it shall be lawful for the major Part in Value (such Value
to be ascertained by the Poor's Rates of the said Parish for the Time
being) of the several Proprietors of or Persons interested in the said
Open and Common Fields, Meadows, Commons, Lammas and other
Lands, Moors and Waste Grounds, within the said Parish of Foidmire,
(exclusively of the Ladies or Lords of the said Manor of Foulmire^)
who shall attend either personally or by their respective Agents at
any Meeting to be held for that Purpose, of which Meeting Notice
shall be given by some One or more of the Persons interested in the
said Inclosure, by Advertisement,-and also on the Church Door, as
herein-after directed, at least Fourteen Days before such Meeting,
to appoint by Writing under their Hands some fit Person to be a
Commissioner in the Room of the said Anthony Jackson or of th$
Commissioner appointed in his Place, and so from Time to Time as
often as any such Commissioner shall die, neglect or refuse or
become incapable to act.
V. Provided always, and be it enacted, That in case any of the In case Par-
Parties herein-before authorized to appoint a new Commissioner shall ties neglect
not appoint a new Commissioner within the Space of Six Weeks next"*0 aPP0UU a
after Notice of such Death, Neglect, Refusal, or Incapacity shall
missioner
tne
have been given as aforesaid, the other Commissioner shall, within remaining
Three Weeks next after the Expiration of the Time so allowed for Commis-
appoihting such new Commissioner, by Writing under his Hand ^"^rnrmay
appoint some other fit Person to be a Commissioner in the Room of
the Commissioner causing such Vacancy as aforesaid j and every new
(Commissioner appointed under either of the Powers herein-before
given shall be invested with the same Powers and Authorities for
carrying this Act into execution, and shall be subject to the same
Regulations,

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