Graveship of Holme Enclosure Act of 1828

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41G,3. c.109.

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9°GEORGII IV. Cap.10.

before the: Powers hereby vested in him shall be executed, then and so often as any of..the: said Events shall occur, in every such

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Assistant Commis- sioner ap- pointed.

Appointment of Umpire in case of Vacancy.

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Ili. And for the Purpose: of settling

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that no Person shall be capable of acting as such Umpire and Assistant Commissioner, until he shall have taken and subscribed an Oath, or, being 2 Quaker, an Affirmation, in the Form or to the Effect following ; (that is to say, )

‘I do swear [or being one of the People called Quakers, «

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Surveyor to take the fol- lowing Oath.

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or neglect, for the Space of One Calendar Month, to do the Business of a Surveyor pending the Execution of this Act, the said Frederick Robert Jones, or any Commissioner succeeding him, shall have Power to appoint some other fit and competent Person or Persons, not interested in the said Lands and Grounds, to be a Surveyor in the Stead of the said Thomas

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the Purpose of carrying this Act and the said recited Acts into Execution, without causing a new Survey to be made thereof, as provided for in the said first-recited Act; and it shall be lawful for the said Commissioners to contract for and purchase the same at or for such Sum of Money as they shall think reasonable, or to make such Satisfaction to the Person or Persons producing the same as they the said Commissioners shall think reasonable ; and the Purchase Money or Satisfaction shall be con- sidered as Part of the Costs, Charges, and Expences of executing this Act and the said recited Acts, and shall be raised, levied, and paid accordingly. I

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Commiission- ers empow- ered to settle

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Suits not to impede the Execution of the Act.

Death of Parties not to suspend theExecution of the Act.

Parties dis- satisfied with the Determi- nation of the Commission- ers with re- spect to Boundaries, may try their Rights at Law.

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of such Desire to have the same Boundaries settled by Trial at Law, then and in every such Case the said Commissioners shall, and they are hereby required, immediately on Receipt of such Notice as aforesaid, or as soon afterwards as conveniently: may be, : to give Notice to One or more-of the Persons or Parties interested ‘therein who shall insist upon the Boun- daries so determined by the said Commissioners, or to his, her, or their respective Agents or Attornies, by Writing under their Hands, to be delivered to or left at the usual Place of Abode of such Person or Persons


or Parties, or his, her, or their Agents or Attornies respectively ; and it _

shall and may be lawful to and for the Person or Persons or Parties giving such Notice to the said Commissioners as aforesaid, or his, her, or their Heirs, Successors, or Assigns, after the Expiration of Three Calendar Months from the Time of

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When the

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248 9°

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9 IV.

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Allotments of Common Fields. I

Allotments to be deli- neated upon a Plan, and


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and as some Proprietors may, upon Inspection of such Map or Plan, be dissatisfied with the intended Allotments, the said Commissioners shall at such Time and Place as last aforesaid, or some other Time and Place to be appointed by them for that Purpose, receive Statements in Writing of the Complaints and Objections against such Allotments, and shall forthwith, or as soon after as conveniently may be, determine the same, and their Determination therein as to the said Allotments shall be final

and conclusive on all Parties, unless appealed against by virtue of the Provisions in this Act contained.

XL. And be it further enacted, That the Outfences of all the Lands which shall be allotted to the said Benjamin Hutchinson and his Successors, Vicars as aforesaid, by virtue of this Act, shall, within Six Calendar Months next after staking out the same, be well and sufficiently fenced with good and substantial Stone Walls, or such other sufficient Fences as the said Commissioners, or either of them, with the Assistance of the said Umpire and Assistant Commissioner, shall direct; and the Expence of making such Fences shall be paid by the said Commissioners out of the Monies to be raised for the Purpose of defraying the Expences of obtain- ing and executing this Act, but the same Fences shall for ever thereafter be kept in repair by Benjamin Hutchinson and his Successors, Vicars as

aforesaid, on such Sides or Parts thereof as the said Commissioners shall order, direct, or appoint.

And be it further enacted, That the said Commissioners shall have Power to give such Directions, either by their Award or any Writing under their Hands, about fencing the several Allotments in and upon the said Commons and Waste Lands, Common Fields and undivided Inclo-

sures, as they shall think proper, and such their Directions shall be observed and carried into Execution.

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If any Person shall sell his Interest in the Lands

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and Hereditaments which shall be allotted and awarded by virtue of this Act to any Person or Persons for or in respect of any Lands holden of the said Manor of Wakefield by Copy of Court Roll, or for or in respect of any Leasehold Lands, or for or in respect of any Right of Common or any Right or Interest appurtenant or appendant to any such Copyhold and Leasehold Premises respectively, shall, from and after the Execution of the said Award, be deemed and taken to be Copyhold and Leasehold respectively, and shall be held as such by and under the same Tenure, Rents, Payments, Fines, Customs, and Services as the Freehold, Copy-. hold, and Leasehold Lands respectively for which such Allotments shall be made are now or shall be held at the Time of the Execution of the said Award ; and such Parts of the said Lands and Grounds as shall be allotted and awarded by virtue of this Act in respect of any Messuages, Lands, or Hereditaments of the Tenure of Copyhold, shall be deemed and taken to be Copyhold, and shall be subject to, and the Owner and Owners thereof shall pay to the Lord or Lords of the said Manor of which such Copyhold Lands or Hereditaments are holden, all such Cus- tomary Rents, Fealties, Fines, and Services as the Copyhold Lands or Hereditaments in respect whereof the same shall be allotted and awarded are or shall be subject to; and all and every Person and Persons, his, her, or their Heirs, to whom such Copyhold Lands and Hereditaments shall be allotted and awarded as aforesaid, shall, within

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As to Copy- holds which shall be taken in Exchange.

Exchanges to be valid.

Expence of Exchanges, how to be paid.

Tenants to give up ex- changed Lands, I

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Parties respectively: Provided nevertheless, that no such Exc shall be made of any Lands, Tenements, or Hereditaments holden. in Right of any Church, Chapel, or other Ecclesiastical Benefice, without the Consent, testified as aforesaid, of the Patron thereof, and of the Bishop

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Persons.interested in the said open Common Fields and undivided Inclo- sures, his, her, or their Tenant or Tenants, as they the said Commis, sioners shall think reasonable; and in case any Person or Persons who

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by:such annual Payments be paid off and discharged ; and also

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1 G. 4. c. 35.

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For regulat- ing the Dura- tion of Meet-



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Nothing herein to prejudice the Rights of the Lord of the Manor of Wakefield.

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Register of the said Riding, or by the Steward of the Courts of the said Manor or his Deputy for the Time being, purporting the same to be true,

for which no more shall be paid than Sixpence per Sheet, each Sheet to

contain One hundred Words, shall, as well as the said original Award, be admitted and allowed as legal Evidence in all Courts and upon all

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Courts, and all Goods and Chattels of Felons and Fugitives, Felons of themselves, Persons outlawed and put in Exigent, Deodands, Treasure Trove, Waifs, Estrays, Escheats, Forfeitures, Rights, Royalties, Juris- dictions, Franchises, and Privileges whatsoever to the said Manor or Graveship, or to the Lords and Ladies of the said Manor, incident or belonging, (other than what are extinguished by this Act, )inas full, ample, and beneficial a Manner to all Intents and Purposes as if this Act had not been made; and the Lord of the said Manor, his Heirs or Assigns, or other Person or Persons claiming under him or them, shall and may at all Times hereafter have, hold, win, work, and enjoy all Mines of Coal, Ironstone, and Minerals of what Nature or Kind soever, whether now opened or unopened, (Stone and Gravel only excepted,) under the said Commons and Waste Grounds, and the Encroachments, Allotments, and Improvements made and to be made therefrom, together with all con- venient and necessary Ways, Roads, and Passages already made or here- after to be made, and Liberty of laying, making, and repairing Waggon- ways, Railways, and other Ways in, over, and along the same, or any of them, or any Part thereof, and searching for, winning, and working the said Mines and Minerals, and leading and carrying away the Coal, Iron- stone, Lead, Minerals, and other Produce thereof, and of making Pits, Shafts, Pit Rooms, Air Pits, Heap Rooms, Stand Yards, Drifts, Levels, Ways, and Watercourses, (as well as using and continuing those already made,) and of erecting and using Fire Engines and other Engines and necessary Buildings, and of altering, changing, pulling down, and carrying away the same, or any of the Materials thereof, at his and their own free Will and Pleasure, and doing all such other Acts and Things, either now in use or hereafter to be invented, as may be necessary or convenient for the full and complete Enjoyment thereof, in as full, ample, and beneficial a Manner, to all Intents and Purposes, as he or they could or might have done in case this Act had not been made; yet nevertheless that the Lord of the said Manor, his Heirs and Assigns, shall be obliged to pay to the respective Owners and Occupiers of such Allotments respectively a rea- sonable and adequate Recompence and Satisfaction for all Damages which shall from Time to Time be thereby done thereto, in proportion to the Loss sustained by such Owners and Occupiers respectively, according to their respective Rights and Interests therein.

LXVIII. Saving always to the King’s most Excellent Majesty, His Heirs and Successors, and to all and every other Person and Persons, and Body and Bodies Politic, Corporate, and Collegiate, his, her, and their Heirs, Successors, Executors, and Administrators, (except the several Persons and Body or Bodies Politic, Corporate, or Collegiate to whom any Allotment or Allotments shall be made by virtue and in pursu- ance of this Act or the said recited Acts, for and in respect of such Rights or Interests as are hereby meant and intended to be barred, de- stroyed, and extinguished, and all Persons respectively claiming under them or in Remainder after them,) all such Right, Estate, Title, and Interest as he, they, every or any of them, could or ought to have had and enjoyed, of, in, to, or in respect of the Lands hereby directed to be divided and allotted, in case this Act had not been passed.

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Act to be printed by the King’s Printers,

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