Whitle (Derbyshire) inclosure Act 1826

JurisdictionUK Non-devolved
Citation1826 c. 4
Year1826
ANNO SEPTIMO
GEORGII
IV.
REGIS.
•»t#»*»******»**»#»»»**»M#tt#M####w#w
Cap.
4.
An
Act for
dividing, allotting,
and
inclosing
the
Commonsor Waste Lands in the Hamlet
of
Whitle,
in
the
Parish
of
Glossop
in
the County
of
Derby.
[22d
March
1826.]
W
HEREAS there
are
within
the
Hamlet
of
Whitle,
in the
Parish
oi'Glossop
in
the County of
Derby,
certain Commons
and Waste
Lands,
respectively called New Mills Lee, Whitle
Bank,
Shaw
Marsh,
and
Broadhurst
Edge,
and
certain other small
Strips
and
Parcels
of
Common
and
Waste Land, containing together
by Estimation
Two
hundred
and
twenty Acres
of
Land
or
there-
abouts:
And
whereas
the
King's most Excellent Majesty,
in
right
of HisDuchy
of
Lancaster,
is
Lord
of
theManor
of
High
Peak
in
the County
of
Derby,
Part
and
Parcel
of the
said Duchy,
in
which
the Hamlet
of
Whitle
is
situate:
And
whereas
Wilbraliam
Egerton
Esquire.Lwcy
Newton
Widow,
George
Ferns,
Ralph
Bower,
and divers
other Persons,
as
Owners
and
Proprietors
of or
otherwise interested
in certain ancient Messuages, Lands, Tenements,
and
Hereditaments
within
the
said Hamlet,
are
entitled
to the
Soil and Freehold
of or
otherwise interested
in
the aforesaid Commons
or
Waste Lands, sub-
[Pritufe.]
t
ject
74 7*GE0RGII IV. CapA.
ject to the Rights of the Owner or Owners of the Tithes therein or
thereof:
And whereas the said Commons and Waste Lands in their
present State are subject to continual Encroachments, and of little
Value to the Majority of the Owners or Proprietors
thereof,
but
are capable of considerable Improvement; and it would be very
advantägeous to the Persons interested therein, if Part of the same
were sold for the Purpose of raising Money to defray the Expences
of obtaining and carrying into Execution this Act, and the Residue
were divided and specific Shares thereof allotted unto and amongst
the several Proprietors
thereof,
in proportion and according to their
several and respective Estates, Rights, and Interests, and if such
Allotments were inclosed: And whereas an Act was passed in the
Forty-first Year of the Reign of His late Majesty King
George
the
41G.3.C.109. Thirä,'mtitu\ed An Act for
consolidating
in
one
Act
certain Provisions
usually inserted in
Acts
oflnclosure,
and for
facilitating the
Mode qf
proving the several Facts usually required on
the
passing
ofsuch Acts:
And whereas another Act was passed in the First and Second Years
1&2G.4. of the Reign of His present Majesty, intituled An Act to
amend
the
c*23#
Laxes respecting the inclosing
qfOpen Fields, P
astures,
Moors,
Commons,
and
Waste
Lands, in England: 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
Commis. ässembled, and by the Authority of the same, That
William
Barker
sioner
ap-
of
Staden
in the County of
Derby,
Gentleman,
shall be
and
he is
hefeby
pomted. appointed Commissioner for dividing, allotting, and inclosing the said
Commons and Waste Lands in Whitle aforesaid, and for carrying
this Act and the said recited Acts into Execution, subject to the
Directions, Powers, Regulations, and Provisions contained in the said
recited Acts, or such of them as are not varied or altered by or
repugnant to any of the Directions, Powers, Regulations, and Pro-
visions of this Act.
For
appoint-
IL And be it further enacted, That when and as oflen as the said
ing a new
Commissioner, or any other Commissioner to be hereafter appointed
Commis' by virtue'of this Act, shall
die,
or
refuse to act, or become incapacitated,
or neglect for the Space of Three Calendar Months to act as such
Commissioner in the Execution of this Act, then and in such Case
the major Part in Value (to be ascertained by the then last Poor
Rate Assessment) of the several Owners and Proprietors of the said
ancient Messuages, Lands, Tenements, and Hereditaments, entitled
to the said Commons or Waste Lands for the Time being, present
at some public Meeting to be holden in the said Parish oWlossop, of
/wbich Meeting, and the Purpose
thereof,
Notice shall be given by
;äny Two or more of the said Owners or Proprietors, at least Forty
Pays previous to such Meeting, by affixing such Notice on the
.prinzipal outer Door of the Parish Church of
Glossop
aforesaid, and
by inserting the same in the
Derby
Mercury, or some other public
weekly Newspaper printed or circulated in the County of Derby,
shall and they are hereby required and empowered from Time to
Xime, by Writing under their Hands, to appoint some other Person
(not interested in the said intended Division and Inclosüre) to be a
5 Com-

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