Whittington (Derbyshire) inclosure Act 1821
| Jurisdiction | UK Non-devolved |
| Citation | 1821 c. 37 |
ANNO PRIMO & SECUNDO
GEORGII IV. REGIS.
*******•*•*»«**•***•***»*******•**•*•*•
Cap.
37.
An Act for inclosing Lands in the P cliioii vi
rw
nil-
tington
in the County of Derby. [15th June 1821.]
W
HEREAS there are within the Parish of
Whittington,
in the
County of
Derby,
certain Open and Common
Fields,
Arable and
Pasture Lands, and also several Commons, called
Whittington
Moor
and
Glass House
Common,
as well
as
several other scattered Parcels of
waste Ground, containing in the whole, by Estimation, Two hundred and
eighty-four Acres, or thereabouts: And whereas Henry Dixon, Thomas
Binney,
and
Mordecai
Binney,
Esquires, are Lords of the Manor of
Whit-
tington,
as Tenants in common in certain Shares, within which Manor the
said common Fields, Commons, and Parcels of
waste
Ground do lie; and
the said
Henry
Dixon,
Thomas
Binney,
and
Mordecai
Binney,
as such Lords
as aforesaid, are entitled to the Soil of the said-Commons and Parcels of
waste Ground, and to all Mines and Minerals within and under the same:
And whereas the Very Reverend
George Gordon
the elder, Doctor in Divinity,
and Dean of
Lincoln,
is in right of his said Deanery, Patron of the Rectory
and Parish Church of
Whittington
aforesaid ; and
the
Reverend
George Gordon
the younger, Clerk,
is
the present Rector
thereof;
and the said
George
Gor-
don the younger, as such Rector as aforesaid, is entitled to certain Glebe
Lands, and also to certain Tithes, both Great and Small, arising or accruing
within the said Parish, or to certain Moduses or Money Payments in lieu
thereof:
And whereas the said
Henry
Dixon,
Thomas
Binney,
Mordecai
Bin-
ney,
Charles
Hugh May, Richard
Gillett,
George
Glossop,
George
Jenkinton,
Henry
Bason,
and others, are Owners and Proprietors of Messuages, Cot-
[Private.'] g U
"S68*
f22 1°&2°GE0RGII IV.
Cap.37.
tages,
Lands, and other Hereditaments, situate, lying, and being within the
said Parish, and in respect thereof are severally entitled to Right of Com-
mon in, over, and upon the said several Commons and Parcels of waste
Ground: And whereas an Act was passed in the Forty-first Year of the
41G.3.C.109. Reign of His late Majesty, intituled An Act for
consolidating
in
one
Act
cer-
tain
Provisions usually inserted
in Acts
ofInclosure,
and for
facilitating
the
Mode
of
proving the several Facts usually required on
the
passing
of
such Acts
:
And whereas the open Field Lands of the respective Owners thereof
do
lie
very much intermixed and dispersed, and are very inconveniently situated
for the Occupation
thereof,
and in their present State of Tenure incapable
of any considerable Improvement; and the several Commons and Parcels
of waste Ground, in their present uninclosed State, yield but little Profit to
the Persons interested therein; and
ic
would be of great Advantage to them,
as well
as
of much public Utility, if
the
said Common
Fields,
Commons,
and
Parcels of waste Grounds were divided and inclosed, and specific Parts or
Shares thereof assigned and allotted unto and amongst the Proprietors there-
of, to be by them held in Severalty, proportionably and according to the
Value of their respective Estates, Rights, and Interests therein; and also,
that in consideration of an adequate Compensation for the same, all the
Lands, Tenements, and other Hereditaments, as well open as inclosed, with-
in the said Parish, should be discharged from Tithes in kind: But inasmuch
as the several beneficial Purposes aforesaid 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 Com-
mons,
in this present Parliament assembled, and by the Authority of the
Commission- same, That
Joseph Bishop
of
Bents Green
in the County of
Tork,
and John
ersapoointed.
Burcbam
of
Coningsby
in the County of
Lincoln,
Gentlemen, shall be and
they are hereby appointed Commissioners for setting out, dividing, inclosing,
assigning, and allotting the said several Commons and Parcels of waste
Ground, and for carrying this Act into Execution, subject to such of the
Powers and Provisions contained in the said recited Act as are not hereby
varied or altered.
II.
And
be
it further enacted, That if the said
Joseph
Bishop,
or any other
Commissioner to be appointed in
his
Stead,
shall, before the Execution of all
the Powers and Authorities hereby vested in him, die, refuse, neglect, or
become incapable of acting in the Premises, then and in every such Case it
shall and may be lawful to and for a Majority in Value (to be ascertainedby
the Land-Tax Assessment of the said Parish) of the Proprietors or Persons
interested in the said Commons and Parcels of
waste
Ground hereby direct-
ed to be divided, allotted, and inclosed, or their Agents or Attornies, or
Persons to be appointed for that Purpose, by Writing under their respective
Hands (except and exclusive of the Rector of the said Parish for the Time
being),
who shall be present at a Public Meeting to be appointed for that
Purpose by the surviving or remaining Commissioner, within Thirty Days
after such Death, Refusal, Neglect, or Incapacity to act as aforesaid shall be
known to them, of which Meeting Ten Days Notice at least shall be given
by him, or by any One or more of the said Proprietors, to be fixed on One
of the most public outer Doors of theParish Church
olWhtitington
aforesaid,
and also by Advertisement to be inserted in the Newspaper called The
Derby
Mercury,
or in
some
other Newspaper circulated in the
said
County
of
6 Derby,
If Commis-
sioners die
how others
are to be
elected.
To continue reading
Request your trial