Hessay (Yorkshire) inclosure, allotment of land and tithes exoneration Act 1828
| Jurisdiction | UK Non-devolved |
| Citation | 1828 c. 3 |
| Year | 1828 |
ANNO NONO
GEORGII IV. REGIS.
*#********«**««***#**«#**«»4i»*««*#«******#«***#***#*
Cap,
3.
An Act for inclosing, dividing, and allotting, and
for exonerating from Tithes, Lands within the
Township or Territories of
Hessay,
in the Parish
of
Moor Monkton
in the County of the City of
York.
[26th
March
1828.]
W
HEREAS there are within the Township or Territories of
Hessay,
in the Parish of
Moor Monkton
in the County of the
City of
York,
several Open Fields, Meadows, Pastures, Com-
mons,
and Waste Lands, containing together by Estimation Six hundred
Acres or thereabouts: And whereas the King's most Excellent Majesty,
in Right of His Crown, is Patron of the Rectory and Parish Church of
Moor Monkton; and the Reverend William
French
Doctor in Divinity is
Rector
thereof,
and as such is entitled to all the Tithes, both Great and
Small, arising within the said Township of
Hessay,
or to some Composition
or Payments in lieu
thereof:
And whereas
William Nottingham
Esquire, and
Elizabeth Faivcett
and Ann
Fawcett,
as Coheiresses, are or claim to be
joint Lord and Ladies of the Manor of
Hessay,
within the Township and
Parish aforesaid ; and the said
William
Nottingham,
Elizabeth
Fawcett,
and
Ann
Faivcett,
and divers other Persons, are or claim to be respectively the
Ownersor Proprietors of and entitled
to
Rights of Common and other Rights
in and over the Open Fields, Meadows, Pastures, Commons, and Waste
Lands aforesaid : And whereas an Act was passed in the Forty-first Year
of the Reign of
His
late Majesty King
George
the Third, intituled^ Act for 41G.3x.109.
consolidating
in
one
Act
certain Provisions usually inserted in Acts
of
Inclosure,
[Private.] j and
34 9°GE0RGII IV. Cap.3.
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 King
George
1&2G.4.C.23.
the Fourth, intituled An Act to
amend the
Laws
respecting
the
inclosing
if
Open
Fields,
Pastures,
Moors,
Commons,
and Waste Lands
in England: And
whereas the Lands and Grounds of the several Owners or Proprietors, in
the said several Open Fields, Meadows, and Pastures in the said Township
or Territories of
Hessay,
lie intermixed and dispersed, and it would be of
great Advantage to the several Persons interested therein, if all the said
Open Fields, Meadows, and Pastures, and also the said Commons and
Waste Lands, were inclosed and divided, and specific Allotments made to
the respective Proprietors thereof and Persons interested therein, in pro-
portion to their several and respective Estates, Rights, and Interests
therein, and if all Tithes arising within the said Township of
Hessay
were
extinguished, and Compensation made for the same; but the several
beneficial Purposes aforesaid 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 the same, That the said recited Act passed in the Forty-first Year of
the Reign of His late Majesty, and all and every the Powers, Provisions,
Exemptions, Penalties, Forfeitures, Payments, Remedies, Matters, and
Things therein contained, (save and except such Parts thereof as are
expressly varied, altered, or repealed by the said recited Act passed in
the First and Second Years of the Reign of His present Majesty,) and
also the said recited Act passed in the First and Second Years of the
Reign of His said present Majesty, and all and every the Powers and
Provisions therein contained, shall respectively, so far as the same respect-
ively are applicable to this Act, and as are not hereby varied, altered, or
repealed, or otherwise provided for, be as good, valid, and effectual to
all Intents and Purposes for carrying this Act into Execution, as if the
same had been respectively repeated and re-enacted in the Body of this
Act.
Application
of Powers
of General
Inclosure
Acts to this
Act.
Appointment
of Commis-
sioner.
II.
And be it further enacted, That John
Singleton
of
Great
Givendak
in the County of
Tork,
Gentleman, and his Successors, to be elected in
manner herein-after mentioned, shall be and is and are hereby appointed
the Commissioner and Commissioners for inclosing, dividing, and allot-
ting the said Open Fields, Meadows, Pastures, Commons, and Waste
Lands, and for carrying the other Purposes of this Act and die said re*
cited Acts into Execution.
Appointment
of Commis-
sioners on
Vacancies.
III.
And be it further enacted, That if the said
John
Singleton,
or any
Commissioner to be appointed in his Stead
as
herein-after mentioned, shall
die,
or refuse or neglect for the Space of Two Calendar Mondis to act,
or become incapable of acting, before the Powers hereby vested in him
or them shall be executed and fulfilled, then and so often as any of the
said Events shall occur a public Meeting of the several Persons who
for the Time being shall respectively be interested in the said Lands and
Grounds hereby intended to be divided, allotted, and inclosed, shall be
called by any Two or more of such Persons, and be held within Thirty
Days next after such Death, Refusal, Neglect, or Inapacity as aforesaid,
5 (of
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