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GULIELMI IV. REGIS.
Wm. Rayner to cease to be a Commis- sioner.
Appointment of new Com- missioner,
For appoint- ing a new Commission- er in case of Death, &c.
Appointment of Umpire.
Third, intituled An Act for consolidating 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 another Act was passed in the First and Second Years of the Reign of His late Majesty King George the Fourth, intituled An Act to amend the Laws respecting the inclosing of Open Fields, Pastures, 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 assembled, and by the Authority of the same, That from and after the passing of this Act the said William Rayner shall cease to be a Commis- sioner for executing the said recited Act of the Fifty-seventh Year of the Reign of His late Majesty ; but the said William Rayner shall never- theless be and continue liable to account for and pay all Monies by him received or raised under or by. virtue of the said first-recited Act, in manner herein-after mentioned.
II. And be it further enacted, That Frederick Robert Jones of Birkhouse in the Parish of A/mondbury, Gentleman, shall be and he is hereby appointed a Commissioner in the Place and Stead of the said William Rayner ; and the said Frederick Robert Jones, after taking the Oath prescribed by the said recited Act of the Forty-first Year of the Reign of King George the Third to be taken by Commissioners, shall be and he is hereby declared to be invested with all and every the same Powers and Authorities in all respects, and shall be subject to the same Rules and Regulations, as if he had been named and appointed a Commissioner in or by virtue of the said recited Act of the Fifty-seventh Year of the Reign of King George the Third.
Ill. And be it further enacted, That when and as often as the said Frederick Robert Jones, or any other Commissioner to be hereafter appointed in his Room or Stead, shall die, or refuse to act, or become incapacitated, or neglect for the Space of Three Calendar Months to act as such Com- missioner in the Execution of the said recited Acts and this Act, then and in every such Case the Lords of the Manor of Meltham, or the Majority of the Lords of the said Manor, shall choose and appoint some other Person (not interested in the said Commons, Moors, and Waste Grounds,) to be a Commissioner in the Room and Stead of the said Frederick Robert Jones, or of any such Commissioner so dying, or refusing or neglecting to act, or becoming incapable of acting as aforesaid ; and any Commissioner so to be appointed shall, after taking the Oath or Affirmation prescribed by the said recited Act of the Forty-first Year of the Reign of King George the Third in that Behalf, have the like Power and Authority for carrying the said recited Acts and this Act into exe- cution, and shall be subject and liable to the like Rules, Regulations, and Restrictions, as if he had been originally nominated a Commissioner in and by this Act or the said first-recited Act.
IV. And for the Purpose of settling and determining any Difference or Dispute that may arise between the said Frederick Robert Jones (the Commissioner hereby appointed in the Place and Stead of the said William Rayner) and the said Joseph Taylor (the remaining Commissioner 2 appointed
Accounts of Monies raised to be laid before an Auditor ;
Provision in case of Re- fusal to de- liver up Books, &e.
the Common Gaol or House of Correction for the County, Riding, City, Town Corporate, or Place where such Offender shall be or reside, there to remain without Bail or Mainprize until he shall have so done.
IX. And be it further enacted, That in case the said William Rayner and Joseph Taylor, or either of them, or the Heirs, Executors, or Admi- nistrators of the said John Buckley deceased, or any other Persons or Person in whose Hands the Balance or Sum which shall upon such Examination and Audit as aforesaid appear to be due, or to have been misapplied or unapplied for the Purposes of the said first-recited Act, or any Parts or Part thereof, shall appear to be, or in whose Hands any other Monies arising or received by any Means whatever in the Execu- tion of the said first-recited Act shall appear to be, shall refuse or neglect, for the Space of Thirty Days after Service on them or him or her of a written Notice for the Purpose, refuse or neglect to pay such Sum or Sums of Money, or any Part thereof, into the Hands of such Banker or Person to be appointed as aforesaid, then it shall be lawful for the said Frederick Robert Jones, or any Commissioner to be appointed in his Room or Stead as aforesaid, to sue for and recover the same, together with full Costs of Suit, in any of His Majesty’s Courts of Record at West- minster, by Action or Actions of Debt or on the Case, in which Suits or Actions it shall be sufficient to state that the said William Rayner or Joseph Taylor or John Buckley, or other Person or Persons, as the Case may be, is or are indebted in such Sum or Sums to the said Commissioner ; and such Statement as aforesaid, in Writing under the Hand of the said Auditor, shall be admitted as primd facie Evidence of the Amount which shall be due from the said William Rayner, Joseph Taylor, and John Buckley, or either of them, or other Person or Persons, as the Case may be.
X. And be it further enacted, That it shall be lawful for the said Commissioners, at any Time before the executing their final Award, to make any such Alterations in the Allotments or in the Fences which may have been or shall be set out and ordered, or in any of the Orders and Directions relating thereto which may have been or shall be made in pursuance of the said recited Acts or this Act, as they may think right and expedient ; and in case any Person or Persons shall be injured by any such Alteration on account of any Expences he, she, or they may have been at, or otherwise, the said Commissioners shall ascertain and determine what Recompence shall be made to him, her, or them for such Injury, and shall order and direct by whom and in what Manner such Recom- pence
Administrator, Husband, Guardian, Committee, or Trustee respectively ; and in case the Surplus of such Money shall amount to or exceed the Sum of Two hundred Pounds, the same shall with all convenient Speed be paid into the Bank of England in the Name and with the Privity of the Accountant General of the Court of Exchequer, to be placed to his Account there ex parte the Commissioners for executing the said recited Act and this Act, pursuant to the Method prescribed by an Act passed in the First Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the better securing Monies and Effects paid into the Court of Exchequer at Westminster on account of the Suitors of the said Court, and for the Appointment of an Accountant General and Two Masters of the said Court, and for other Purposes, and the General Orders of the said Court, and without Fee or Reward ; and shall, when so paid in, there remain until the same shall, by Order of the said Court made upon a Petition to be preferred to the said Court in a summary Way by the Person or Persons who would have been entitled to the Rents and Profits of the said Lands, Tenements, or Hereditaments, be applied either in the Purchase or Redemption of the Land Tax, or in or towards the Payment or Discharge of any Debt or Debts or other Incumbrances affecting the same Lands, Tenements, or Hereditaments, or affecting other Lands,
When under 201. Repealing
certain Parts of the former Act.
Exchanges may be made.
For regula- ting the Du- ration of Meetings.
Accounts to be passed before a Jus- tice once in every Three Calendar Months.
in such Statement or Account shall be particularly specified the several Items and Articles for which each particular Sum has been paid or dis- bursed; and such Statement or Account when so made, together with the Vouchers relating thereto, shall be by them laid before any Two or more of His Majesty’s Justices of the Peace acting in and for the West Riding of the County of York, who shall be uninterested in the said Com- mons, Moors, and Waste Grounds, to be by them examined and balanced, and such Balance shall be by such Justices stated in the Books of Account to be kept in the Office of the Clerk to the said Commissioners ; and an Abstract of such Account so examined and balanced shall, within Four- teen Days after the same shall have been so examined and balanced, be published in One of the Leeds Newspapers, or in case no Newspaper shall be published at Leeds, then in some Newspaper circulated at Leeds ; and no Charge or Item in such Accounts shall be binding on the Parties con- cerned or valid in Law until the same shall have been duly allowed by such Justices, and until such Account, or the Abstract thereof, shall have been published in such Newspaper as aforesaid (subject nevertheless to the Power of Appeal herein-after contained).
XX. And be it further enacted, That if any Person, or any Body Politic, Corporate, or Collegiate, shall think himself or herself or them- selves aggrieved by any thing done or omitted to be done in pursuance of this Act or the said recited Acts, or either of them, (other than and except such Determinations of the said Commissioners as are declared to be binding, final, and conclusive, and also except as to such Claims, Objections, Matters, and Things as are directed or authorized to be ascertained, settled, tried, or determined by the Verdict of a Jury, and also except as to the Appointment of any new Auditor as herein