Whitley (Yorkshire) inclosure Act 1821

JurisdictionUK Non-devolved
Citation1821 c. 31
ANNO PRIMO & SECUNDO
GEORGII IV. REGIS.
**W*»***************9******************************
Cap.
31.
An Act for inclosing Lands in the Manor of Whitley,
in the Parish of Kirkheaton, in the West Riding
of the County of York. [8th June
1821.
J
*\\ THEREAS within the Manor of
Whitley,
in the Parish of
Kirk-
%/%/
heaton,
in the County of
Tork,
there is a certain Common or
T T Moor called
Grange
Moor,
and various other Parcels of Waste,
containing together One hundred and forty-two Acres, or thereabouts:
And whereas Richard
Henry Beaumont
Esquire is Lord of the Manor of
Whitley
aforesaid, and the Owner of the Soil of the said Common and
Waste Grounds, and the Coal Mines, Veins and Seams of Coal, and all
other Mines and Minerals therein; and is likewise Owner of certain.
Lands, Tenements, and Hereditaments within the said Manor of
Whitley .
And whereas an Act was passed in the Forty-first Year of the Reign of
His late Majesty King
George
the Third, intituled An Aft for
consolidating
41G.3.C.
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 the said
Richard Henry
Beaumont,
and
Sir
John
Lister Kaye Baronet, and others, as Owners and Proprietors of
Lands and Tenements within the said Manor of
Whitley,
are entitled to
Right of Common upon the said Common and Wastes, which, in their
present State, yield but little Profit; and it would be advantageous to such
Owners and Proprietors if the said Common and Wastes were divided and
[Private.'] 7 / inclosed,
594 1°&2°GE0RGII IV Cap.Sh
inclosed, and specific Shares allotted to them, according to their respective
Interests therein; but such Division and Inclosure cannot be effected and
established 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 assem-
Appointment bled, and by the Authority of the same, That the said Common and
of Commis- Waste Grounds shall, as soon as conveniently may be, be set out, divided,
sloner* and allotted unto and amongst the said several Owners and Proprietors,
and other Persons interested, according to their several and respective
Rights and Interests therein, by William Pilkington of Thome, in the
County of Tork, Gentleman, who shall be and is hereby appointed Com-
missioner for that Purpose, and for carrying the several other Purposes of
this Act and also the said recited Act into Execution, and all and every the
Powers and Provisions herein and therein contained (except such Parts of
the said recited Act as are hereby varied or altered), and under and subject
to such of the Rules, Orders, Regulations, Restrictions, Provisions, and
Directions contained in the said recited Act, as are not repugnant to the
Powers and Provisions of this Act; and that it shall be lawful for any
Justice of the Peace for the West Riding of the County of Tork to
administer to the Commissioner for executing this Act the Oath or Affirm-
ation directed by the said recited Act to be taken by Commissioners.
Appointment \\m And be it further enacted, That if the said William Pilkington shall
of
new
Com- ^j^ Qr
refuse
or Decome incapacitated or neglect to act for the Space of
case of
Death
Three Calendar Months, when Occasion shall require his Attendance on
or not acting, the Business of the said Inclosure, unless prevented by Illness, then and
in such Case it shall be lawful for the Lord of the Manor, and a Majority
in Value (to be ascertained by the Land Tax Assessment) of the Persons
interested in the Lands hereby intended to be divided and inclosed, tfhb
shall be present by themselves, or their Stewards or Agents, at a Meeting
to be holden for that Purpose in the Vestry of the Parish Church of
Kirkheaton, pursuant to Notice affixed upon the principal outer Door of
the said Church, specifying the Time and Place of such Meeting, upon a
Sunday at least Ten Days before such Meeting, to elect a proper Persdi,
not interested in the said Inclosure, to be a Commissioner in the Room of
the said William Pilkington; provided that, before such Person so to'be
appointed a new Commissioner as aforesaid shall act, the Lord of the said
Manor shall, by Writing under his Hand, signify his Approbation of such
Appointment; and such Person so appointed, after taking the Oath.pftt
scribed by the said recited Act, shall be Commissioner for the Purposes"
of this Act, and shall be invested with such and the like Powers and
Authorities as if he had been originally named Commissioner in and by
this Act, and so
toties quoties
all future Vacancies shall be supplied in Mfce
Manner and under the like Provisions.
6urveyor III. And be it further enacted, That Thomas Dinsley of Huddersfidd,
appointed. m tne County of Tork, Land Surveyor, shall be and he is hereby aj*
pointed the Surveyor of the Common and Waste Grounds,.and also of
such ancient inclosed Lands, having Right of Common, as the said Com-
missioner shall think necessary to be surveyed for the Purposes of this
Act j and in case oi the Death, Neglect, or Refusal to act, or Resigna-
tion of the said Thomas Dinsley, or of any future Surveyor, it shall be
6 lawful

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