Stoke Bruern and Shutlanger (Northamptonshire) inclosure Act 1840

JurisdictionUK Non-devolved
Citation1840 c. 13
w
ANNO TERTIO
VICTORLE REGINiE.
***************************************************
Cap.
13.
An Act for inclosing Lands in the Parish of Stoke
Bruern and the Hamlet of Shutlanger otherwise
Shuttlehanger in the said Parish of Stoke Bruern
in the County of Northampton.
[19th June 1840.]
W
HEREAS there are within the Parish of Stoke Bruern
and the Hamlet of Shutlanger otherwise Shuttlehanger
in the said Parish of Stoke Bruern in the County of
Northampton divers open and common Fields, common Meadows,
common Pastures, Commons, and other commonable and waste
Lands and Grounds, and divers inclosed Lands and Homesteads:
And whereas the Most Noble George Henry Duke of Grafton,
Knight of the Most Noble Order of the Garter, is Lord of the Manor
of Stoke Bruern and Shutlanger, with its Members, in the said Parish
of Stoke Bruern and Hamlet of Shutlanger otherwise Shuttlehanger:
And whereas the Queen's most Excellent Majesty, in Righ ol
Her Crown, is or claims to be entitled to the Reversion in Fee Simple
of the said Manor of Stoke Bruern as Part of the Honour of Grafton,
and to Part of the said open and common Fields, common Meadows,
common Pastures, Commons, and other commonable Lands and
Grounds, and divers inclosed Lands and Homesteads expectant on
the Failure of Issue Male of Henry Earl of Euston, afterwards *irst
Duke of Grafton, under and by virtue of Letters Patent bearing
[Private.'] 4 U Date
3° VICTORIA, Cap.lS.
Date the Twenty-first Day of June in the Twenty-fifth Year of the
Reign of His Majesty King
Charles
the Second; And whereas the
said George Henry Duke of Grafton, the Right Honourable George
William Richard Earl of
Porn/ret,
Richard Edward Shepherd Esquire*
the Reverend Philip Henry Lee Clerk, Rector of the Parish of
Stoke,
Bruern aforesaid, and divers other Persons, are the Owners or Pro.
prietors of the said open and common Fields, common Meadows,
common Pastures, Commons, and other commonable and waste
Lands and Grounds, and of the said inclosed Lands and Homesteads,
and of ancient commonable Messuages or Tofts within the said Parish
of Stoke Bruern and Hamlet of Shutlanger otherwise Shuttlehanger,
and in respect
thereof,
or otherwise, are or claim to be entitled to cer-
tain Rights of Common and other Rights and Interests in and over
and upon the same or some Part or Parts
thereof,
or are otherwise in-
terested therein: And whereas an Act was passed in the Forty-first
Year of the Reign of King George the Third, intituled An Act for
consolidating in One Act certain Provisions usually inserted in Acts
qflnclosure, and for facilitating the Mode of proving the
several
Facts
usually required on the passing of such Acts : And whereas an Act
was passed in the First and Second Years of the Reign of King
l
&
2G.
4.
George the Fourth, intituled An Act to amend the Laws respecting
c.
23.
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, common Meadows,
Pastures, and other commonable Lands and Grounds within the
said Parish of Stoke Bruern and Hamlet of Shutlanger otherwise
Shuttlehanger are greatly intermixed, and lie dispersed in small
Parcels so as to render the Cultivation thereof expensive and incon-
venient, 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 respective Rights and Interests therein,
and such Allotments held in Severalty, and all Rights of Common
in, over, and upon the same respectively extinguished; but the
beneficial Purposes aforesaid cannot be effected without the Autho-
rity of Parliament: May it therefore please Your Majesty that
it may be enacted; and be it enacted by the Queen's most Ex-
cellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
Recited
Acts
assembled,and by the Authority of the same,That the said Two recited
to torm
Part Acts passed respectively in the Forty-first Year of the Reign of King
of
this
Act.
Qeorge
the Third and the First and Second Years of the Reign oF
King George the Fourth, and the several Enactments'and Provisions
of the said recited Acts, shall, from and after the passing of this Act,
be deemed and taken to be and be applied and executed as Part of this
Act for all Purposes and to all Intents whatsoever, except and in
such Cases wherein the same recited Acts are hereby respectively
repealed or varied, or wherein the same shall by this Act or otherwise
become or be inapplicable to any of the Purposes of this Act.
II.
And be it further enacted, That Anthony Jackson of Bark'my
in the County of Hertford, Gentleman, and his Successor for the
Time being, to be elected or appointed in manner herein-after men-
tioned,
354
41 G. 3.
c. 109.
Appoint-
ment of
Commis-
sioner.
3° VICTORIA, CapAS. Son
tioned, shall be and is hereby appointed
sole
Commissioner for carrying
this Act into execution: Provided always, that no Person shaH be Qualification
capable of acting as a Commissioner (except in signing and giving ofCommis-
Noticeof the First Meeting of the Commissioner) until he shall have sioner-
made and subscribed a Declaration in the Words or to the Effect
following; (that is to say,)
' T A. B. do solemnly
declare,
That I will faithfully, impartially, and Declaration
' honestly, according to the best of my Skill and Ability, exe- °.f Comniis-
' cute and perform the several Powers and Duties vested in and sloner
' imposed upon me as a Commissioner by virtue of an Act passed in
' the Year of the Reign of Her Majesty Queen Victoria,
* intituled [here set forth the Title of this Act], according to
' Equity and good Conscience, and without Favour or Affection,
Prejudice or Malice, to any Person whomsoever.'
And such Declaration may be made before any Justice of the Peace
for the County of Northampton, and shall be in lieu of and as a
Substitution for the Oath or Affirmation required by the said jecitaJ
Act of the Forty-first Year of the Reign of King George tbe 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; and such Declaration, when duly made and subv
scribed, shall be to all Intents and Purposes as valid and effeqtual as
the Oath or Affirmation in lieu whereof it shall have been so ipade
and subscribed.
III.
And be it further enacted, That any Person making and sub- Penalty on
scribing a Declaration under the Authority of this Act, and who making false
shall wilfully and corruptly make and subscribe such Declaration, Declaranon-
knowing the Allegations thereof or any of them to be untrue, shall
be subject to the like Pains and Penalties to which Persons guilty,
of a Misdemeanor are or may be liable.
IV. And be it further enacted, That in case the said Anthony Appoint-
Jackson, or any Person to be nominated or appointed a Commissioner meat of
in his Room or Stead by virtue of this Act, shall die, or become
mmis-
incapacitated, or neglect or refuse for the Space of One Calendar vacan°n
Month to act as such Commissioner in the Execution of this Act,
then and in such Case it shall be lawful for the major Part in Value,
(such Value to be ascertained by the Land Tax Assessment for the
Time being) of the several Proprietors of Lands and Hereditaments
within the said Parish of Stoke Bruern and Hamlet of Shutlanger
otherwise Shuttlehanger, who shall attend either personally or by
their respective Agents at any Meeting to be held for the Election
of a new Commissioner by reason of such Death, Refusal, Neglect,
or Incapacity as aforesaid, (of which Meeting Notice shall be given
by some One or more of the Persons interested in the said Inclosure
upon some Sunday before Divine Service, by Writing to be affixed
on one of the outer Doors of the Parish Church of Stoke Bruern,
and also by Advertisement to be inserted in the Northampton Mer-
cury, or in some other Newspaper printed or usually circulated in the
County of Northampton, at least Fourteen Days before such Meet-
ing,) to nominate and appoint, by Writing under.their Hands, some
fit and proper Person not interested in the said Division, Allotment,
and
cies.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT