Land at Kew Green, Surrey Act 1823

JurisdictionUK Non-devolved
Citation1823 c. 75
Anno Regni GEORGII IV. Britanniarum Regis,Quarto. An Act for enabling His Majesty to inclose Part ofKew Green , and for dividing and extinguishing Rights of Common over certain Lands in the Parish of Kew , in the County of Surrey .

(4 Geo. 4) C A P. LXXV.

[11th July 1823]

'WHEREAS His Majesty is seised in Right of His Crown of the Manor ofSheene , otherwise West Sheene , otherwise Richmond , in the County of Surrey : And Whereas the West End of the Common called Kew Green , Part of the Waste of the said Manor, divides a Messuage and Grounds belonging to His Majesty on the North Side thereof, from other Grounds belonging to His Majesty on the South and West Sides thereof: And Whereas the Inclosure and Addition of so much of the said Waste as divides the said Grounds, and of the Road from the said Common to the Ferry called Brentford Ferry , would be a great Improvement to the said Property of His Majesty: And Whereas His Majesty hath been graciously pleased to signify His Royal Intention of causing to be made (in lieu of the said Road to the Ferry) a Road from Kew Bridge Westward along the Side of the Footpath in Front of the Houses on the North Side of the said Common called Kew Green , and thence Northward, a Footpath and Road to the Towing Path of the River Thames , and from thence Westward a raised Footpath and Road to Brentford Ferry ; and also of causing to be made a Footpath along the Eastern End of the remaining Part of Kew Green aforesaid; and of causing the present Roads along the remaining Sides of Kew Green to be put in good State and Condition; and also of causing the said Roads and Footpaths, and all other the Highways and Footpaths in the said Parish of Kew , to be for ever hereafter kept in good Repair: And Whereas His Majesty and William Selwyn Esquire, and other Persons, are Owners of certain Meadow Lands in the said Parish of Kew , adjoining the Towing Path of the River Thames , and containing Nineteen Acres Three Roods and Fourteen Perches, or thereabouts: And Whereas John Haverfield Esquire, and other Persons, are Occupiers of Estates in the said Parish of Kew , and respectively are or claim to be entitled to Rights of Common of Pasturage over the said Meadow Lands during Half of every Year: And Whereas an Act was passed in the Forty first Year of the Reign of Hislate Majesty, intituledAn 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 passe in the First and Second Years of the Reign of His present Majesty,intituledAn Act to amend the Laws respecting the inclosing of Open Fields, Pastures, Moors and Waste Lands in England: And Whereas the said Meadow Lands are in their present State incapable of any considerable Improvement, and it would be advantageous to the several Persons interested therein if the same were divided, and specific Shares allotted to the several Proprietors thereof, and if the Persons entitled to Rights of Common during Half the Year over the same were in lieu thereof to have the same Rights of Common at all Times of the Year over a Part thereof: But inasmuch as the several Purposes aforesaid cannot be effected without the Aid and Authority of Parliament;' May it 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 from and immediately after the said Roads and Footpaths, in lieu of the said present Road toBrentford Ferry , shall be made as hereinafter is mentioned, His Majesty, His Heirs and Successors, shall and may, at His and Their own Costs and Charges, inclose and continue inclosed, freed and discharged of and from all Common Rights of what Nature or Kind soever, all that Piece or Parcel of Land, Part of the said Waste or Common called Kew Green , and the Road from thence to His Majesty' Palace and Brentford Ferry , and the Waste Ground adjoining thereto, bounded at the East End thereof by a straight Line drawn from the North East Corner of the Messuage belonging to His Majesty, lately in the Occupation of Barbara Meyer Widow, to the Entrance into the Royal Gardens on the opptsite Side of the said Common, as the same hath been marked by a Stone Dwarf Wall, with an Iron Railing, lately erected by His Majesty; on the North Side thereof by Messuages and Grounds lately in the Occupation of the saidBarbara Meyer and Robert Hunter Esquire, and now belonging to His Majesty, and on Part by the said intended Footpath next the Towing Path, extending from the said Iron Railing, at the South East Corner of the said Ground lately in the Occupation of the said Barbara Meyer , Westward, to the South West Corner of the said Ground lately in the Occupation of the said Robert Hunter ; then proceeding Northward to the North West Corner of the said last mentioned Ground, and running from thence Westward along the South Side of the said intended Footpath to the said Ferry, and bounded at the West End and on the South Side thereof by Walls and other Erections inclosing the Palace and Royal Gardens belonging to His Majesty, and Ways or Entrances into the same, extending from the Ferry aforesaid, in an irregular Line, to the South East Corner of the said Iron Railing; and also to cause to be discontinued the Roadthrough that Part of the said Common hereinbefore authorized to be inclosed, and from thence to His Majesty's Palace and the said Ferry calledBrentford Ferry ; and it shall not be lawful for any Person or Persons at any Time after the said Roads and Footpaths shall be raised and completed, to make use of the said Road or any Part thereof, on Foot or otherwise; any Right, Claim, Usage or Custom to the contrary thereof in anywise notwithstanding.

S-II His Majesty to cause a Footway to be made to the Ferry, and Roads to be made round Kew Green, and all the Highways and Footpaths in the Parish to be kept in Repair.

II His Majesty to cause a Footway to be made to the Ferry, and Roads to be made round Kew Green, and all the Highways and Footpaths in the Parish to be kept in Repair.

II. Provided always, That the King's most Excellent Majesty shall, at His and their own proper Costs and Charges, cause to be made, in lieu of the said Road toBrentford Ferry , the Roads and Footpaths hereinafter mentioned; (that is to say,) a good and substantial Road for Carriages from the End of Kew Bridge , Westward, along the Side of the Footpath in Front of the Houses on the North Side of Kew Green aforesaid, to the North eastward of the said Stone Dwarf Wall and Iron Railing, and a good and substantial Road and Path for Carriages and Persons on Foot, continued from the End of the said last-mentioned Road, and the Footpath by the Side of which it shall be made, Northward, along the East Side of the said Grounds of His Majesty, to the Towing Path of the River Thames , and a good and substantial raised Footpath and Road for Carriages by the Side thereof, continued from the End of the said last mentioned Road, Westward, along or on the Side of the said Towing Path, to Brentford Ferry aforesaid; and shall also cause to be made a good and substantial Footpath along the Eastern End of the remaining Part of Kew Green aforesaid, by the Side of the said Stone Dwarf Wall and Iron Railing, and shall also cause the present Road on the North Side of Kew Green aforesaid, Eastward from Kew Bridge , and the present Roads along the West and Southern Sides of Kew Green aforesaid, to be put in good and substantial State and Condition; and that His Majesty, His Heirs and Successors, or any Person or Persons claiming by, from or under or in Trust for His Majesty, His Heirs and Successors, who shall for the time being respectively hold, occupy, possess or enjoy the Gardens and Grounds belonging to His Majesty at Kew , do and shall keep the said Roads and Footpaths aforesaid, and all other the Highways and Footpaths in the said Parish of Kew , in such good and sufficient Repair as that the said Footpaths and all other Footpaths shall be convenient at all Times hereafter for Passengers on Foot, and that the said Roads and all other Highways shall at all Times hereafter be convenient for Passengers on Foot or on Horseback, and for the passing and repassing of Carriages.

S-III Commissioner appointed.

III Commissioner appointed.

III. And be it further enacted, ThatThomas Crawter the elder, of Cobham , in the said County of Surrey , Land Surveyor, shall be and is hereby appointed the sole Commissioner for dividing, allotting and inclosing the said Meadow Lands, and for putting this Act in Execution, subject to the Rules, Orders, Directions and Regulations of the said recited Acts, which shall be applied and taken as Part of this Act, except only in Cases where the same are hereby varied or altered.

S-IV Power to elect a future Commissioner.

IV Power to elect a future Commissioner.

IV. And be it further enacted, That if the saidThomas Crawter , or any Commissioner to be appointed in his Stead, shall die or refuse to act, or become incapable of acting as a Commissioner in the Execution of this Act, it shall be lawful for the major Part in Value (such Value to be ascertained by the Poors Rate Assessment) of the Owners of or Persons interested in the said Meadow Lands, within Twenty Days next after such Death, Refusal or Incapacity shall be known, at a public Meeting to be called for that Purpose by any Two of the said Owners or Persons interested, (of which Meeting Ten Days' previous Notice shall be given in the Church of Kew aforesaid, and inserted in One of the Newspapers published in the County of Surrey , or as soon after as conveniently may be, by Writing under their Hands, to appoint a proper Person (not interested in the said Division) to be a...

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