Kirkby-in-Kendal (Westmorland) inclosure Act 1823
| Jurisdiction | UK Non-devolved |
ANNO QUARTO
GEORGII IV. REGIS.
****************************************************
Cap.
9.
An Act for inclosing Lands within the Townships
or Divisions of Whitwell and
Selside,
Skelsmergh,
and
Crook,
in the Parish of Kirkby in Kendal in
the County of Westmorland. [23d May 1823.]
HEREAS there are within the several Townships or Divisions
of Whitwell and Selside, Skelsmergh, and
Crook,
in the Parish
of Kirkby in Kendal in the County of Westmorland, several
Commons and Waste Lands or Grounds : And whereas the Honourable
Fulk Greville Howard is Lord of the Manor of Fawcet Forest, in which
the Township of Whitwell and Selside is situate, and is also Lord of the
Manor of Skelsmergh, with its Members, in which the said Township of
Skelsmergh is situate; and the said Fulk Greville Howard is or claims,
and the Right Honourable William Earl of Lonsdale, Knight of the Most
Noble Order of the Garter, is or claims, to be Lord of the Manor of
Crook, in which the said Township of Crook is situate: And whereas the
said Honourable Fulk Greville Howard, Daniel Wilson, Ralph Riddell,
Arthur Shepherd, James Hoggarth Long, Esquires, and several other
Persons, are Owners and Proprietors of divers Messuages, Lands, and
Hereditaments within the said several Manors, Townships, or Divisions,
or some or one of them, and in respect thereof or otherwise are severally
entitled to Right of Common in, over, or upon the said Commons and
Waste Lands or Grounds, some or one of them: And whereas an Act
wis passed in the Forty-first Year of the Reign of His late Majesty King
George the Third, intituled An Act for
consolidating
in one Act certain 4IG.3.C.IO$,
Ptwisions
usually
inserted in Acts of
Inclosure,
and for facilitating the Mode
[Private.,] « p of
W
150
1&2G.4.
c-23-
Commis-
sioner ap-
pointed.
Power to
appoint new
Commis-
sioner.
4°GEORGII IV. Cajo.9.
of
proving
the
several Facts usually required
on the
passing
of
such
Act*
:
And whereas another Act was passed in the First and Second Years of
the Reign of His present Majesty, intituled An Act to amend the Law
respecting
the
inclosing
of
Open
Fields, Pastures, Moors,
Commons,
and
Waste
Lands, in England : And whereas the said Commons and Waste
Lands or Grounds in their present State are of very little Value to|he
Land Owners or Persons interested, and it would be of great Advantage
to them if the said Commons and Waste Lands or Grounds were divided*
allotted, and inclosed; but such Division, Allotment, and Inclosure
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
King's most Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, That
Joseph Russell
of
Kendal
in the County of
Westmorland,
Gentleman, and every Person
to be from Time to Time appointed his Successor in manner herein-after
mentioned, shall be and is hereby appointed the Commissioner for di-
viding, allotting, and inclosing the said Commons and Waste Lands or*
Grounds, and for carrying this Act and the said recited Act into Execution,
subject to such Directions and Provisions as are herein-after contained in
that
Behalf,
and also with such of the Powers and Authorities, and
subject to such of the Directions, Clauses, and Provisions contained in
the said recited Act of the Forty-first Year of the Reign of His late
Majesty, herein-before mentioned or referred unto, as are not altered or
otherwise provided for in and by this Act.
II.
And be it further enacted, That if the said
Joseph
Russell,
or any
Commissioner to be elected in the Place or Stead of him, or any of his
Successors, shall die, or shall neglect or refuse to hold any Sitting for the
Space of Six Calendar Months, unless prevented by Illness, or shall be
rendered incapable of acting in the Execution of this Act before all; the
Powers of this Act shall be fully performed, then and in such Case the
Lord or Lords of the said Manors for the Time being shall, within
Twenty-one Days after such Death, Neglect, Refusal, or Incapacity to
act of the said Commissioner shall happen or be known to him or them,
by Writing under his Hand and Seal or their Hands and Seals, nominate
and appoint some Person, not interested in the said intended Division and
Allotment, to be a Commissioner in the Room and Stead of the said
Joseph
Russell,
or any Person to be from Time to Time appointed a
Commissioner by virtue of this Act, so often as any such Commissioner,
shall die, neglect or refuse to act, or become incapable of acting as
aforesaid.
If the Lords
of iheManors
neglect to
appoint a
new Com-
missioner,
the Land
Owners to
appoint.
III.
Provided always, and be it further enacted, That if the Lord or
Lords of the said Manors for the Time being shall, for the Space of
Thirty Days after receiving Notice in Writing, signed by any Three or
more of the Persons interested in the said Commons and Waste Lan$
or
Grounds,
of such Death, Neglect, Refusal, or Incapacity aforesaid, majce
default in nominating and appointing any new Commissioner so directedtp,
be nominated or appointed by them as aforesaid, then and in every such
Case it shall and may be lawful to and for the Majority in Value (to be
ascertained by the Land Tax Assessment) of the Proprietors, or Persons.
interested in the Lands or Grounds directed by this Act to be divid^
7 allotted,
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