Honley Enclosure Act of 1781

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2 GLADE POE: RAC) CHEM? Chaps 3 MOOS

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Dividing, Inclofing, and Improving, the feveral Com- mons and Wafte Grounds within the Manor of Honley, in the Parith of Almondbury, in the County of York; and for abolifhing or fettling certain other Rights or Claims within the faid Manor.

OO I DEREAS there are within the Manor of Preamble.

ZK RX Honley, in the Parith of Almondbury, in the Wek

a Fs Riding of the County of York, feveral Open dd xX y p pe x Commons and Wafte Grounds, containing in the ces Whole One thoufand and Four hundred Statute °

Acres, or thereabout ; and which Manor contains not only the Townthip of but alfo fuch adj joining Part of the Townfhip or Conftablery of South Crofland as is com- monly called Mag Lordjbip :

Inv whereag the Right Honourable William Earl of Dart- mouth is Lord of the Manor of Honley aforefaid, and Owner of the Soil of the faid feveral Commons and Wafte Grounds, as

Parcel of or belonging to the fame Manor:

nv twbercag Joon Appinall, of Standen, in the County Pala- A tine

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tine of Lanceffer, Serjeant at Law, Edward Parker, of Brow/fholne, in the faid County of York, Efquire, Edmund Townley, of Royk, in the faid County of Lancajler, Efquire, Robinfon Shuttieworth, of Frefion, in the fame County, Efquire, Clayton, ot Carr Hall, in the fame County, Efquire, and Robert Haworth, of Cl:- rlers, in the fume County, Gentleman, as Governors of the Free Grammar School of Céthero aforefaid, are Impropriators of the Rectory of the Parifh of aforelaid, and as fuch are en- titled to all the Greatand Reétorial Tythes of the faid Commons and Watte Grounds, and are alfo Owners ofand entitled toa certain Mo- dus of Three Pounds Eleven Shillings and Six Pence Halfpenny per Annum, payable to them and their Succeflors, in Licu or Satisfaction

of all the Great or Tythes which could, fhould, or might otherwife iffue or arife from and out of all the Ancient inclofed

tythable Lands or Grounds within the Manor of Hon/ey afore- aid; and are alfo Patrons of the Vicarage of the Parith Church of Alnondbury aforefaid; and the Reverend Robert Suutd, Clerk, is Vicar of the Farifh Church of Almoudbury atorefaid, and as fuch is entitled to all Vicaria] Tythes ariling or renewing within the faid Manor, or to certain preicriptive Payments in lieu thereof:

Gna whereas the faid Wiliam Earl of Dartmouth, and William Welker, Efquire, fonathan Nichells, Elquire, Efquire, Macaulay, Efquire, ‘fofeph Arnutage, George Ai- mitage, Robert Walker, Wiltam Walker, Benjamin North, Sfobn Armitage, and Fofeph Bradley, Gentlemen, and feveral other Per- ions, being Owners and Proprietors of Lands, ‘Tenements, and Hereditaments within the faid Manor, are in refpet thereof entitled to Right of Common en the faid Commons or Waite Grounds :

And tobereag the faid Commons and Wafte Grounds are, in their prefent Situation, incapable of Improvement; and it would be advantageous to the feveral Perfons interefted therein if the fame were divided and inclofed, and if certain other Rights or Claims, hereinafter mentioned, were abolifhed or fettled ; but fuch Divifion, Inclofure, and Settlement, cannot be properly eftablith- ed without the Aidand Authority of Parliament: —

May it therefore pleafe Your MAJESTY,

That it may be Gnd be it Enated by the KING’s Mott

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Moft Excellent Mayjyrsty, by and wich the Advice and Confent of the Lords Spiritual and ‘Fempora!, znd Commons, in_ this refent Parliament afflembled, and by the Authority of the fame, That fobn Sharp, of Gilderfome, Nathan “fowett, of Manning Benjamin Patchitt, of Warley, all in the faid County ‘of York, Gentlemen, and their Succeffors, to be elected as hereinafter is mentioned, fhall be, and are hereby appointed Commifflioners for fetting out, dividing, and alioting the faid Commons and Wafte Grounds (and who, in dividing the fame, {hall have due Regard to the Quality, Situation, and Convenience, as well as the Quantity thereof) and for putting this Act in Execution, fubject to the Rules, Orders, and DureCtions hereinafter men- tioned ; and that each of the faid Commiflioners be paid the Sum of One Pound Eleven Shillings and Six Pence, and no more, for their ‘Trouble and Expences on every Day's Journey or Atten- dance which they fhall refpectively and neceflarily take or give in the Execution of the Powers by this Act vefted in them

Gnd be it further, That no Perfon fhall be capable

of acting as a Commiffioner in the Execution of the Powers given Iby this Act (unlefs it be the Powen given of adminiftering Oaths and of giving Notice of the Firtt Meeting) until he fhall have taken and fubfcribed an Oath to the following I ect :

«6 I A. B. do (wear, That I will faithfully, impartially, ‘and honeftly, according to the beft of my Skill and ‘© Judgment, execute the Trafts repoled in meas a Com- “€ miffioner, by virtue of an Act of Parliament, for divid- ‘ing, inclfing, and improving the feveral Commons and Wafte Grounds within the. Manor of Honley, in the “© Parifh of Almondbury, in the County of York, and for “* abolifhing or fetthug certain other Rights or Claims “© avithin the faid Manor, without Favour or Affection, ** or Malice, to any Perfon or Perfons whomfoever.

‘¢ So help me GOD.”

Which Oath it fhall and may be lawful to and for any One of

the faid Commiffioners to adminifter, and he is hereby required to adininifter the fame to any other Commiffioner ; and the faid

Oath fo taken’ and fubfcribed by each Commiffioner, or a true Copy thereof, fhall be inrolled with the Award to be made by

the faid Commiffioners as hereafter mentioned.

anv,

Commif« fioners.

Commiffiion~ I ers Oath.

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Surveyto be AND, for the more juft and regular Divifion and Diftribution of made. the Lands and Grounds hereby to be divided and in- clofed, We it further Gnatey, That a true and perfect Survey, Admeafurement, and Plan, fhall be made of all the Lands and Grounds hereby intended to he divided and inclofed, and alfo of all the old inclofed Lands and Grounds within the faid Manor, as foon as conveniently can be done, by Wilham Crofley, of Brighoufe, in the faid County, orin cafe of his Death, or of his Refufal, or In- capacity, by Sicknefs or otherwife, to make fuch Survey within fuch Time as the faid Commiflioners, or any ‘Two of them, direct, then by fuch other Perfon as the faid Commiffioners, or any Two of them, fhall appoint; and fuch Survey and Admeafurement fhall be reduced into Writing; and the Number of Acres, Roods, and Perches belonging to each Proprietor in the faid old inclofed ‘Lands, and alfo the Quantity of Land contained in the faid Com- mons ana Wafte Grounds, fhallin fuch Survey be particularly fet forth and exprefled ; and the faid Survey and Admeafurement fhall be verified upon the Oath of the Perfon making fuch Survey, if thereunto required by the faid Commiffioners, or any Two of them (which Oath the faid Commiflioners, or any Two of them, are hereby impowered to adminifter} and {hall be laid before the {aid Commiflioners, or any Two of them, at ‘all or any of ‘their Meetings to be heid in purfuance of this Ad.

PublicRoads. AND he it further Enafted, That the faid Commiffioners, or any Two of them, fhall, and are hereby authorized and required to fet out and appoint fuch public Carriage Roads, in, over, and upon the Lands and Grounds hereby intended to be divided and inclofed, as they fhall think neceflary and proper, all which public Roads thal! be and remain of the Breadth of Forty Feet at the leaft ; and the fame fhall be well and fufficiently fenced out on both Sides from the Lands adjoining thereto, by fuch of the Owners and Proprietors of the faid Lands and Grounds, and within fuch Time (not exceeding Two Years from the Time of the Exe- NoGatesto cution of the Award or Inftrument of the faid Commiffioners) as pe eredied the faid Commifiioners, or any Two of them, fhall dire@ and ap- s the . . \ i Roads. point; and that it fhajl not be lawful for any Perfon to any No Trees to Gate acro{s any of the faid Roads, or to plant any Trees in or near Planted , the Hedges on the Sides of any of the faid Roads, at a lefs Diftance Yards ofeach from each other than Fifty Yards; and after the faid Roads thal] other on the have been fet out as aforefaid, the faid Commiffioners, orany Two ides of the . . wpe, Roads. of them, fhall, and are hereby impowered and tequired, by Writ- Surveyor to ing under their Hands, to appoint fome proper Perfon to be Sur- be appointed. yeyor of the faid Roads ; and iuch Surveyor thall caufe the fame to

be

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[os ] be formed and put in good and fufficient- Repair, and fhall be allowed fuch Salary or Reward for his Trouble thercin as the {aid Commiffionerg, or any Two of them, fhall by Wnit- ing under their Hands dire and appoint, which Salary or Reward, and alfo the Expence (over and above the Statute Duty) of forming the faid Roads, and of putting the fame in good and fufficient Repair, fhall be borne and paid by the fe- veral Owners and Proprietors of the Lands and Grounds hereby intended to be divided and inclofed, and fhall be raifed by a Rate to be laid on the faid Owners and Proprietors, accord- ing to their refpective Rights and Interefts in the faid Lands and Grounds, (the refpective Proportions thereof to be atcer- tained by the faid Commiffioners, or any Two of them, in and by their faid Award;) fuch Rate to be laid and affeffed by the faid Commiffioners, or any Two of them, or by any Juftice of the Peace for the Weft Riding of the faid County, upon Application made for that Purpofe by the faid Surveyor, and to be collected. and received by fuch Perfon as the Com- . miffioners or Juftice, by whom fuch Rate fhall be laid and af- fefied, fhall by Writing appoint: And in cafe any Perfon fhall neglect or refufe to pay his Share of the faid Rate, within Fourteen Days next after Demand made thereof, the fame fhall and may be levied and recovered by Diltrefs and Sale of the Goods and Chattels of the Perfon fo neglecting or refuling, by Warrant under the Hands and Seals, or Hand and Seal, of the {eid Cominiflioners, or any ‘'wo of them, or of any Juttice of the Peace for the faid Weft Riding (which Warrant the faid Commiffioners, or fuch Juflice, are or is hereby im- powered and required to grant, upon Proof on Oath of fuch Neglect or Refulal, and of fuch Demand as aforefaid ; and the faid ‘Commiffioners, or fuch Juftice, are or is hereby alfo impow- ered to admirifier fuch Oath) returning the Overplus, if any, to the Owner of fuch Goods and Chattels, after deducting the Charges of fuch Diftrefs and Sale: And that none of the Inha- bitants of the faid Manor (other than the Owners and Proprie- tors of the faid Lands and Grounds) fhall be charged or charge- able (over and above the Statute Duty) towards the forming of repairing the faid Roads, until the fame {hall be made fit for the Piflage of Travellers and Carriages, and fhall have been certified foto be by the faid Surveyor, by Writing under his Hand, to be delivered to the Juftices at fome Quarter Seflions of the Peace to-be holden for the Weft Riding of the faid County, and fuch Certificate fhall have been allowed and confirmed by them ; which iaid {hall be delivered to the faid Juftices at

their Quarter Seflions to be holden next after the faid Roads

B fhall

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formed and put in good and fufficient Repair as afore- aid, and.within the Space of Two Years next after the Execution of ‘the faid Award or Inftrument, -unlefs fufficient Reafon be given, to the Satisfaction of the faid Juftices, that a further Time is.neceffary for that Purpofe, in which ‘Cafe the faid Juttices may and are hereby impowered to allow fuch further Time for delivering in the faid Certificate as they fhall think proper, not exceeding One . Year; and in cafe the faid Surveyor fhall neglect or tefufe to deliver in fuch Certificate within the Time before limited, Surveyor fhall forfeit and pay the Sum of Ten Pounds, ‘to be recovered in like Manner as the faid Rate is hereinbefore ‘authorized to be recovered; and the fame fhall be applied in Aid “of the Rate fo to be laid as aforefaid: And‘ that from and after fuch Certificate {hall have been delivered to the faid Juftices. by the faid Surveyor as aforefaid, and fhall have been by.them al- ‘lowed and confirmed,.the faid Roads fhall be from Time to ‘Time ‘fupported and kept in Repair in the fame Manner as the other bli Roads within the faid Manor are by Law to be

amended and kept in Repair.

et Gnd be it further Enated, That the faid Commiffioners, or “aads, any Two of them, hall and are hereby impowered and required to fet out and appoint, and caufe to be made, erected, and com- pleted, fuch public Bridle Roads and Footways, and private Roads and Ways, and alfo fuch Fences, Banks, Ditches, Drains, ‘Watercourfes, Bridges, Stiles, and other Conveniences, in, over, and upon the Lands and Grounds hereby intended to be divided and inclofed, as they fhall think requifite;: and the fame fhall be made and ere¢ted, and at all Times thereafter re- paired, cleanfed, maintained, and kept in Repair, by fuch Per- ions, and in fuch Manner, as the faid Commiflioners, or any Two cof them, shall direct and appoint; and-that after the {everal public and private Roads and Ways fhall have been fet: out and made as hereinbefore mentioned, it fhall not be lawful for any Perfon to ufe any other Roads or Ways, either public or private, over or upon the faid Lands and Grounds, ‘either on-:Foot, or with Hories, Cattle, or ; and that all former’: Roads and Ways, which {hall not be fet out and appointed as: the Roads and Ways through or over the faid intended Inclofare, fhall be deemed Part of the Lands and Grounds hereby intended. to be divided and inclofed.

Provided neverthelefs, That nothing herein contained {hall ers not 10 authorize the faid Commiffioners to turn ‘or, alter any ‘Furnpike Turpike Road within the Manor aforefaid. . Road,

Aid

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‘Gna, for preventing all unneceffary Obftrutions and Delays Por fettling in the faid intended Divifion, and determining all Differences Difpates and Difputes that may arife concerning any Claim or Claims Claims. which fhall be made of any Right or Rights of Common, or -otherwife, in.or upon the faid Commons and Wafte Grounds, or eny Part thereof,.in purfuance of this Act, and for the final De- cifion of fuch Claims; We it Enaftey, That all and every Per- fon or Perfons, Truftee and Truftees, Body and Bodies Politic and: Corporate, having or claiming any Right of Common thereupon, {hall refpectively give and deliver in Writing under their Hands, or under the Hand of their refpcective Stewards, Railiffs, or Agents, an Account of his, her, or their refpedtive Claims, to the faid Commiftioners, or any Two of them, at their Firft or Second Meeting to be held in purfuance of this Act; and. if fuch Claims, or any of them, fhall at either of the faid Meetings of the. faid Commiffioners be objected to by the Lord of the or by any of the other Perfons having Right of Common on the. faid Commons or Wafte Grounds, or any Part thereof, or by his, her, or their Agent, Solicitor, or Attorney, it fhall and may be lawful for the faid Commiffioners, or any ‘Two of them, to Jend for and examine Witnefles on Oath touching the fame,(which Oath the faid Commiffioners, or any One of them, is hereby impowered to adminifter} and upon other fufficient Inquiry, Evidence, and Satisfaction, to hear, adjuft, and determine, fuch Claim or Claims

JOrovided alto, and. he it further denatted, That, to prevent Commiffion- any Inconvenience to any -Perfon or Perlons, by any Neglect or vo Omiflion of giving 1 an Account of the Claims as afore- for receiving faid, the faid Commiffioners, or any Two of them, fhall, Clams. andithey are hereby required to adjourn the faid Firft and Se- cond Meeting to any future Day or Days, as they in their Difcre- tion fhall think fit; and fhall give public Notice of fuch Ad- journment or Adjournments, in the Chapel or Chapel Yard of Honley aforefaid, upon fome Sunday I immediately after Divine Service, Fourteen Days at leat before the Day or Days to which fuch Adjournment or Adjournments fhall be made ; and the -Perfon-or Perfons making fucgh Claim or, Claims ‘as aforelaid, fliall..be ‘to. fuch and the fame Benefit. as though fuch Claim or Claims had been made at the Firft or Second Meeting of the faid Commiffioners ; any Thing in this Act contained to the contrary notwithftanding. 7

@ny be it further nated by the Authority aforefaid, That Allotments the faid Commiflioners, or any Tywo'of them, flall, and they are a ae

hereby ©

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‘Allotmests to ‘the Reéters jo liew of Great Tythes cf the new and old In- -Clofures,

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hereby inipowered and required, in the next Place, to fet out and allot, in fuch Places as they fhall think proper, and moft conve- nient for the Proprietors, fuch Quantity or Quantities of the faid Commons and Wafte Grounds as they fhall think requifite, not exceeding in the Whole Six Statute Acres, for the Ufe and Benefit of all Perfons who are or fhall be entitled to any Eftate or Eftates within the faid Manor, for the Purpofe of getting

Stone Gravel, and other Materials, not only for making the

public and private Roads, Walls, and Drains, but alfo for all other Ufes and Purpofes of or for repairing or improving their feveral Tenements or Eftates, or any of them, or any Part or Parts

thereof, within the faid Manor, from Time to Time, for ever;

and the Herbage growing or renewing in and upon fuch Parcel or Parcels of the faid Commons and Wafte Grounds fo to be fet cut as aforefaid, thall be, and is hereby vefted in the Surveyor or Surveyors of the Highways within the faid Manor, for the Time being, in Truft to let and fet the fame, and to apply the Rents and Profits thereof to the Repairs of the public Roads and Ways within the fame Manor, in Proportion to: the feveral Parts thereof hereinbefore mentioned ; and fuch Surveyor or Surveyors fhall, and is and are hereby required to account for fuch Rents and Profits, in the fame Manner as he or they is, are, or fhall be accountable for other Money that fhall come to-his or their Hand or Hands as Surveyor or Surveyors of the Highways, and fhall

‘be under and to the like Penalties for the Neglect

thereof,

Gnd be it further by the Authority aforefaid, That the - faid Commiffioners, or any Two of them, fhall, and they are here- by required (after fetting out the public and: private Roads: and Ways, and alfo the Allotments: of Land before mentioned) to —

affign, fet out, allot, and award unto the fatd Governors, for: the

Time being, and their Succeffors, fuch Parts, Parcels, or Quan- tities of the Refidue of the faid- Commons and: Wafte Grounds. as fhall be adjudged by the faid Commiffioners, or any Two of

them (Quantity, Quality, and Situation confidered) to be ‘equal in Value to One Tenth Part of fuch Refidue of the faid Com-':

mons and Waite Grounds fo intended ro be divided and inclofed, in Lieu of, and as a full Compenfation and Equivalent :for’-all Great and Rectorial Tythes, Rights, Dues, and:- Payments’ whatfoever, which might otherwife thereafter iffie, arife,: cr renew, .and .become due or payable to,- or be claimed by, them the faid-Governors, or their Succeffors, as Impropriators

of the Parith of Almondbury aforefaid, from’ or out of the Lands cr Grounds.hereby intended to be divided and inclofed,

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in refpect of fuch Tythes, Rights, Dues, or Payments, or any ot them ; and that the faid Commiffioners, or any Two of them, fhall, and they are hereby alfo required to affign, {et out, allot, and award unto the faid Governors for the Time being, and their Succef- fors, {uch other Part, Parcel, or Quantity of the faid Commons and Watte Grounds as fhall be adjudged by the faid Commiflion- ers, or any ‘I'wo of them (Quantity, Quality, and Situation con- fidered) to be a full and adequate and Equivalent of and for the faid Modus of Three Pounds Eleven Shillings and Six Pence Halfpenny, or other Payment or Payments in lieu of 'Tythes growing, arifing, renewing, and increaling, from. and’ out of all and every or any of the prefent or old inclofed Lands, Grounds, Tenements, and Hereditaments, within the faid Manor ; and which laft-mentioned Allotment to the faid Governors and their Succefiors fhall be alfo in lieu of and as a full Compen- {ation for the faid Modus of Three Pounds Eleven Shillings and Six Pence Halfpenny, and of all other Payment or Payments in licu of Great or Reétorial Tythes, of what Nature or Kind foever, which might otherwife iffue or arife, or renew, or become due and payable to, or be claimed by them, or any of them, as Ampropriators of the faid Parifh of A/mondbury, from and out of all and every or.any of the prefent or old inclofed Lands, Grounds, Tenements, and Hereditaments within the faid Manor.

Gnv be it further Enatied by the Authority aforefaid, That the faid Commiflioners, or any Two of them, fhall in the next Place ailign, fct out, allot, and award, unto and for the faid Robert Smith, and his Succeilors, Vicars of Alnondbury aforefaid, fuch Part or Parts of the Refidue of the faid Commons and Wafte Grounds hereby directed to be divided and inclofed, as fhall, in the Judgment of the faid Commiflioners, or any ‘Two of them, be a juft.and reafonable Proportion for the Right or Intereft of the fuid Vicar for the ‘Time being, and his Succeflors, in and tothe Vicarial or Small Tythes, and all Ecclefiaftical Dues, Modutes, or other Payments in lieu of Vicarial or Small Tythes, arifing or payable within the faid Manor (except Mortuaries, Egfer ‘Offerings, and Surplice Fees) which faid Allotinent or Allotments to the faid Vicar and his Succeflors fhall be in lieu of, and as a full Compenfation and Satisfaction. for, all Vicarial or Small Tythes,

and Ecclefiaftical Dues, Modufes, or other Payments in lieu of

Tythes, of what Nature or Kind foever (Mortuaries, Kafer Offer- ings, and Surplice Fees excepted) which might otherwife there-

after iffue, arife, or renew, and become due or payable to, or be

claimed by, him the faid Rodert Smith and his Succefiors, Vicars C O

Allotmen to the Vicz in lieu of Small Tythes oF new and old Inclo- fures,

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of ‘Almondbury aforefaid, not only from or out of the Lands or Grounds hereby intended to - be divided and inclofed, I bit alfo from and out of-the prefent.or old inclofed Lands, © Grounds, Tenements, and Hereditaments, within the faid

Manor.

Allotmentsto = Ann he it further Enatted, That the faid Commifioners, or any . Perfors in of them, fhall and may fet out and allot unto and for fuch

Charity, ge. Perfon and Perfoné refpectively, who at the Time of fetting out the Allotments to be made in purfuance of this Act fhall be feifed of any Land, Ground, or Common Right in and upon the faid Com- mons and Watfte Grounds, in Right of, or in Truft for any Cha- pel, Hofpital, School, or other public Use or Charity, fuch Par-- cel or Parcels of the faid Commons and. Wafte Grounds as fhall, Judgment of the faid Commiffioners, or any Two of thein; be a juft and reafonable Proportion or Proportions for the Right or Interett of fuch Perfon or Perfons, after a Deduction of fo much’as fhall, in the Judgment of the {aid Commiffioners, or any Two of them, be equal in Value to his, her, or their Propor- tion of the Expence of fencing fuch Allotment or Allotments re- fpettively, and of the Charges and Expences incident to the: ob- taining, paffing, and executing this Act, and of all fuch other Ex- pences as are hereinafter directed to be paid and borne by the reft ‘of the Owners or Proprietors of the faid Commons and Watte Grounds; and fuch Land fo deducted fhall be divided amongft the {aid ‘Owners or Proprietors who fhall be charged with fuch Ex-

ences, " , Ps fy I OG be I

oReciing - “AND whereas the faid Earl of Dartmouth is Owner wae of certain:,Water Corn Mill, called tween the Mill; “fituate within the faid;.Manor; and as fuch Owner or Lad and. “Proprietor claims.from the Freeholders and Inhabitants of the fame Manor; dr from fome of them, fome Soak or Suit to the faid them. Mill; and he alfo claims from the faid Freeholders, or fome of the Repairs of the Dam belonging thereto, when and fo “often as Need: fhall require the fame: @no whereas the faid Wilkam Earl of Dartmouth is alfo Owner _ or Proprietor, faid, Manor, of a certain open and unin- ‘clofed Spring Wood, or Parceliof.woody Ground, called or known by the Name of the Mag Spring, Part of which lies open to a ‘certain Piece of Wafte:Ground,called. Netherton.Moor, being Par- cel of the Commons and Wafte Grounds intended to be:inclofed, di- vided, and-improved: -byvirtue-of this Act; and the faid Wiliam Earl ~ Of Dartmouth is alfo Owner or Proprietor, within the faid Manor, 7 of

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ofa certain other Piece of woody Ground called Honybead, which is bounded by Meer Stones from, but lies open to a certain other Piece or Parcel of Wafte Ground called Honley Moor, being alfo Parcel of the Commons and Wafte Grounds intended to be fo inclofed divided, and improved, as aforefaid : Gnd whereas the faid feveral other Freeholders within the faid Manor, or fome of them, claim to be entitled to fome Rights of cutting and having Timber and other Wood for Houfeboot, Hain- boot,. Ploughboot, Cartboot, and Fireboot, or for fome certain. Purpofes, and alfo to get and have Slates and other Stone for cer-

tain Purpofes, in and from feveral Spring Woods, or woody

Grounds and Lands, which are the feparate Proverty or Eftate of the faid William Earl of Dartmouth, and lying within the Manor aforefaid : I And whereas feveral Difputes and Differences have arifen and might arife, not only touching fuch refpective Claims of and upon the Lord of the faid Manor, and the faid other Freeholders thereof as aforefaid, but alfo touching the Bounds and Limits of the faid Spring Wood, or Parcel of woody Ground, called the Mag Spring : And whereag it will be for the mutual Advantage of the Lord of the faid Manor,’ and the Freeholders thereof, totally to abolith fuch refpective Claims to and upon each other; the {aid William Earl of Dartmouth, Lord of the faid Manor, having in refpect thereof, and of the fettling the Bounds and Limits of the faid

Wood called Mag Spring, by this prefent AG, in the Manner

hereinafter {pecified, and of the Provifions hereinafter contained, :

agreed alfo to give up all his Right to any Allotment of Common or Wafte Ground being made by virtue of this Aé to him the

faid: William Earl of Dartnouth, in refpect of his being Lord of

the Manor aforefaid: Be it therefore Gnatted by the Authority aforefaid, That all future Claims of the prefent Lord, and of -all

future Lords of the faid Manor, upon all or any-of the prefent or future Freeholders or Inhabitants thereof, with refpect to any fuch Soak or Suit to the faid Mill, or to the Repairs of the faid Mill Dam, are hereby declared'to be for ever totally difcharged

and abolifhed ; and the faid Freeholders. and Inhabitants fhall, be,

and they are hereby for ever exonerated, freed, and abfolutely dif- charged of and froin the faid Soak, Suit, and. Repairs, and every _ of them, and of and from every Part thereof.

nd be it further Enaten by the Authority aforelaid, That all fuch Part and Parts, or of the: faid Spring Wood or woody Ground called Mag Spring (including a Parcel. of woody

Ground

FutureC'aime of Soak or Suit, and Re- pairs of Mill Dam, ta_ ceale.

Settling the Boundaries of Mag Spring.

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Ground called Hawkroyd Bank, hereby {ettled, declared, and en. aéted to be confidered and taken to be Part thereof) as lie on the Right Hand Side of the common Foot Way leading from Mag Bridge to Armitage Bridge, and as lie on the Left Hand Side, from the Sand Bed (which is on the {aid Parcel of Wafte ‘called Netherten Moor, and at or near the South End of the faid Foot

Way) Weftwards in a direct Line to a certain Gate opening

into a certain other Spring Wood of the faid Wilham> Earl of Darémouth, within the faid Manor. called Nerberton Spring, thall be, and it is hereby declared and enacted to be the fole Property ond Eftate of the faid William Earl of Dartmouts, his ‘Heirs and Affiens ; and that the fame ff all, within Twelve Calendar Months next after the paffing of this Act, be fenced from the faid Piece or. Parcel of Gioand called Netherton Moor, fo as not to ftop any

Way or Ways, and by and at the fole Expence of’ the faid

Willem Ear\ of Dartmouth, his Heirs or Afligns; and ‘that the

“Netherton Moor, on the

Outfide the Lines, .

Part of the

Lands to be °

divided, Settling the

Fences thereof fhali for ever thenceafter be repaired, main‘ained, and preferved by him or them.

Qnd be it further Declared and Enattcv by the Authority

aforefaid, That the faid Piece or Parcel of Ground called: Nether- ton Moor, on the Outfide of the fame Lines and Fences, shall be deemed and taken as Part of the Commons and Wafte Grounds in- tended to be incloted, divided, and improved:by virtue of this AG: And further, that the faid Piece or Parcel of woody Ground called

Boundaries of the {o far as the faid Meer Stones extend, hall alfo,

Honyhead,

4

Rights or Claims of Boots to ceale.

within, the fame. ‘Twelve Calendar Months,. be fenced, in direa& Lines. from Meer:Stone-to Meer Stone, :the faid other:Piece pr Parcel. of uninclofed Ground called Hon/ey. Moor, fo as nét to flap.any ufual.Way:.or Ways, by and at the fole:Expence of the faid Wiliam Earl of Dartmouth, his Heirs or Affigns, and that the Fences thereof.fhal] for ever thereafter, be repaired, ''main- tained, and preferved:by him or them; and that the faid Piece or Parcel of Ground called Howley. Moor, on the Outfide of the fame intended Fence, fhall be deemed. and taken as Part of the Com- mons and Wafte Grounds intended to be inclofed, dividéd,.-and improved by virtue of this A. . ae

and he it further, Declared. and Enaked by the Authority aforefaid, ‘That from. and after the fencing in of' the faid feveral Pieces and Parcels, of woody Grounds by the faid Wilham Earl of Dartmouth, his Heirs or Affigns, as: aforefaid; all Roots, Rights, and Claims of al] or any of the: faid..other Free- holders or inhabitants, for the Time being, of the-faid:Manor, to a

Page 13

[ 33 J cut or have any Timber or Wood, or to get or have any Slates or Stones (except as hereinafter is provided or mentioned) in or from any of the faid feveral Spring Woods, or woody Grounds or ands, being the feparate Property or Eftate of the faid Wilken Earl of Dartmouth, are hereby for ever totally abolifhed; and that the fame Spring Weods or woody Grounds, and all other Lands of or belonging to the faid William Earl of Dartmouth, within the Manor aforefiid, and the faid Wiliam Earl of Dartmouth, his Heirs and Affigns, and every of them, in refpect thereof, fhall be, and he and they are hereby for ever exonerated, freed, and dilcharged from ali fuch Boots, or Rights and Claims of all or any of thofe Freeholders or Inhabitants to cut or have any Timber or Wood, or to get or have any Slates or Stones (except as hereinafter is provided or mentioned) in or from any of the faid Spring Woods, woody Grounds, or other Lands, of or belonging to the faid Wi- kam Earl of Dartmouth, within the Manor of Hozley aforefaid.

JWrovined, neverthelefs, and it is hereby Cnaked by the AU- Precholders

thority aforefaid, That in Confequence of the Agreement of the or Occupicrs faid William Earl of Dartmouth, for the Confiderations aforefaid, ae Pelee.

and particularly in refpeét of fuch abolifhing of Boots and Rights ftones, &e. of the faid other Freeholders and Inhabitants of the faid Manor ia Ded Boring as aforefaid, it fhall be lawful for all and every, or any Free- Word. holders or Occupiers, for the Time being, for ever, of any Mefluages or Buildings (whether already erected or hereafter to be erected) Tenement or Tenements whatfoever, within the faid Ma- nor, to dig for, and get and take, or caufe to be dug for, and got and taken, by any Ways and Means whatfoever, trom Time to Time, and at any Time or Times, after the pafling of this AG, for his, her, or their refpective own Ufe or Ufes, for any Purpofe or Purpofes of repairing or amending, or by new Buildings or otherwife improving any of his, her, or their Meffuages, Build- ings, Tenement or Tenements, whether already fituate or here- after to be erected or placed within the faid Manor, but to be only wfed in or for any fuch Purpofe or Purpofes, any Quantity or Quantities of Slate or Flagftone, or of either of thofe Species of Stone, and any Quantity or Quantities of any other Stone or Stones, which fliall happen to arile or be found with, or in, or by fuch digging for or getting any of the faid Slates or Flag- ftones, in any Part or Parts of both or either of the Woods or Parcels of woody Ground of the faid William Earl of Dart- mouth, refpectively called the De/f Spring, and the Old ood, fituate or being in the Manor aforefaid ; any of which Slates or

Stones fo hereby authorized to be got and taken, it is hereby D Enacted

Page 14

No Allot- ment for Woods cr

Cottages, Xc.

Allotments of the Refidue.

fom

EnaGted may, after fo digged up and got, and before and until the taking away thereof out of either of the faid Woods or Par- cels of woody Ground, by the Perfon or Perfons fo having digged or got, or caufed to be digged or got, the fame, his, her, or their Affigns be laid, and continued laid, or caufed fo to be, by him, her, or them, for or during fuch Time or Times as he, fhe, or they thall find convenient, in the Wood or Parcel of woody Ground whercin the fame fhall be fo digged or gotten, at fuch near Diftance or Diftances from the Place or Places of digging or getting thereof, as may be pro- per for the mutual Advantage and Convenience of him, her, or them, and of any other Perfon or Perfons who may be interefted in digging for, or getting and taking other Slates or Stones from the fame Wood, or Parcel of woody Ground, from Time to Time refpectively ; but that no wilful Spoil or Damage, beyond fuch digging for and getting, laying, continuing laid, and taking of Slates or Stones, as authorized by this prefent Act, fhall be thereby done in or ‘to the faid Woods, or Parcels of woody

Ground, or either of them. -

jrovited altwaps, and be it further Declared and Cnaked by the Authority aforefaid, ‘That nothing in this Act contained thall impower the faid Commiffioners, or any of them, to fet out ‘or allot any Part or Parts of the faid. Commons and Waite Grounds unto or for the faid Wiliam Earl of Dartmouth, as Lord only of the faid Manor; nor fhall any Thing in this Aa contained impower the faid Commifficncrs, or any of them, to fet out or allot cr Parts of the faid Commons and Watte Grounds to any Perfon or Perfons, for or in refpect of any Wocds or weedy Grounds, or for or in refpect of any Met- fuages, Cottages, or Buildings within the faid Manor, fave only . in refpect of the Soil on which fuch Mefiuages, Cottages, or

Buildings do ftand.

Gnd be it further by the Authority aforefaid, That the faid Commiffioners, or. any.. Two of them, fhall fet out and - allot unto the feveral Owners and Proprictors of Lands, Tene- ments, and Hereditaments, aforefaid Right of Com- mon on the faid Commons ard Wafte Grounds to be divided and inclofed as aforefaid, the Refidue and Remainder, not fo al- lotted as aforefaid, of the faid Commons and Waite Grounds, in liew of their Right of Common thereon, in refpect of which no Allotment {hall have been made.as aforefaid, in Proportion to the real Yearly Value of fuch Lands, Tenements, and Hereditaments refpectively,

Page 15

{ 315 .]

in fuch Manner and Proportion (Quantity, Quality, and Situation confidered) according to their refpective Richts and Interefts therein, as the faid Commiffioners, or any T'wo of them, fhall in their Judgment think juft and equitable.

Gnd be it further That all fuch Parts, Shares, and Proportions of the faid Commons and Wafte Grounds intended to be inclofed, as fhall be fet out and allotted by the faid Commif- fioners, or any T'wo of them, in Manner aforefaid, thall be accepted by the feveral Perfons to whom the fame {hall be fo allotted, their Heirs, Succeflors, Executors, Adminiftrators, and Affigns re- {pectively, in full Satisfaction of their Right of Common, and other Right, in and upon the faid Commons and Grounds; and that the faid Allotments fhall be held and enjoyed by them in Severalty accordingly, freed and difcharged of and from all Claims and Right of Common whatfoever; and that cach and every of the faid Owners or Proprietors, to whom any Allotment or Allot- ments fhall be made, his, her, and their Heirs, Succeflors, Ex- ecutors, Adminiftrators, and Affigns refpe@ively, fhall have the fame and the like Eftates and Intereft in fuch his, her, and their Allotment and Allotments fo to be fet out, as he, the, or they sefpectively hath or have in the Common Right Lands, Grounds, and Property, for cr in refpe&t whereof fuch Ailotments fhall be re{pectively made, without any Claim, Interruption, or Diftur- bance, of or by any other of the Owners or Perions interefted in the faid Lands and Grounds fo directed to be divided and inclofed, or any Part or Parts thereof. I

nd fe tf further That if it thall appear to the {aid Commuffioners, or any Two of them, that any Incroachment hall have been made upon the faid Commons or Watte Grounds within the Space of Sixty Years next before the paffing of this

all fuch Incroachments (except the Ground taken in and’

appropriated to the Ufe of the Workhoufe in Honley aforefaid) fhall be coniidered as Part of the faid Commons and Waite Grounds, and thall be furveyed, meafured, and allotted as Part thereof -

Provided always, That all fuch Incroachments, or a fufficient Part

thereof, fhall be confidered as the Share or Allotment, or Part of the Share or Allotment, to be made to the Perfon or Perfons who

fhall then be in Poffeffion thereof, without confidering the Im-

provements made in or upon the fame, and fhall be allotted to, and accepted by fuch Perfon and’ Perfons as the Whole, or Part or Share of the Allotment or Allotments to be afligned and allotted to him or them refpectively.

And

Allotments te be dinding.

Incroach- ments within Sixty Years, to be deemed Part of the. Lands to be

Page 16

Commiffion: ers to fettle Differences.

f 16 J

anv be it further by the Authority aforefaid, That the faid Commiffioners, or any Two of them, fhall, and they are _ hereby authorized and required, as foon:as ‘conveniently may be after the pafling of this AG, to examine into, fettle, determine, and afcertain, by Examination of Witneffes upon Oath (which Oath the faid Commiffioners, or any One of them, are or is hereby impowered to adminifter) or fuch other Information as they think neceffary, the feveral and refpective Rights of Common in and upon the faid Commons and Grounds, which all and every Perfon and Perfons fhall be then entitled unto ; alfo to fettle and afcertain fuch Incroachments as have at any Time, within the faid Term of Sixty Years, been made by any Perfon or Perfons whomfoever upon the faid Commons and

Wafte.Grounds; and that if any Difputes or Differences fhall

arife between the faid Parties-interefted in the faid intended Di- vifion, or any of them, touching or concerning the refpective Shares and Proportions which they or any of them ought to

have of, in, and to the faid intended Divifion, or in and about the

afcertaining the feveral Incroachments made upon the fad Com- mons and Wafte Grounds as aforefaid, it fhall and may be law- ful to and for the faid Commiffioners, Two of them, and they are hereby authorized and required, by Examination of Witneffes upon Oath (which Oath the faid

_ or. any One of them, is hereby impowered to adminifter) and

by other proper and fuffictent Evidence and: Inquiry, by taking the Opinion of Counfel, or otherwife, to hear and finally de-

termine the fame; and fuch Determination fhall be binding .and

Regard tobe » had ta the Si- tuation, &«,

For extin-

guifhing Right of Common.

conclufive to and upon all Parties, to all Intents and Purpoles

whatfoever.

always, and be it further anv Deciarer, That the faid Commiffioners, or ahy Two of them, in making

the feveral Allotments aforefaid, thaill have due Regard as well

to the Situation, and the Value to arife. therefrom, .as .to the Quality and Quantity of the faid Commons and Wafte Ground: fo to be divided; and alfo fhall have Regard to the Contiguity and Situation of the fame ‘to the Dwelling Houfes, or. prefent inclofed Lands or Grounds of ‘the feveral. Proprietors to, and for whom the fame thall be refpectively affigned and allotted as aforefaid, ey

and be it further Enacted, That from and immediately after making the faid intended Allotments, or at fuch other. Time as the faid Commiffioners, or any Two of them, fhall, by Writ-

ing

Page 17

ing under their Hands, dire& or appoint, all Rights of Common, of what Nature.or Kind fo ever, in or upon all or any of the faid Commons and Wafte Grounds fo to be inclofed as aforefaid, fhall abfolutely ceafe, determine, and be for ever extinguifhed.

Gno be it further nated by the Authority aforefaid, That Allotments te any Allotment or Allotments to be made to the faid Governors and Vicar refpectively for the Time being, and their Succeflors, to be ring- fhall -be ring-fenced, by fuch Perfon or Perfons as the faid Com- miffioners, or any Two of them, fhall appoint (the Charges and Expences whereof ‘to be paid in the fame Manner as other Ex- pences are hereafter directed to be raifed for the Purpofes of this Act) with.a good fubftantial and fufficient Wall, or other proper Fence (except on fuch Parts and Sides thereof as the faid Com- miffioners, or any Two of them, fhall by their Award order and direct to be made by any Proprietor or Proprietors whofe Land adjoins thereto);. but the fame Fences fo to be made by or by the Order of the faid Commiffioners, thall for ever there- after be repaired by the. Proprietors or Owners of fuch Allot-

vment or Allotments. .

Gnd be it further. Onakkeo: by the Authority aforefaid, That Fencing the the Fences of thé feveral. other Allotments to be made in purfuance other A Hot- of this A&, fhall be made by and at the Expence of the Proprietors or Perfons to whom the fame fhall be refpectively awarded or al- lotted; and which. refpective Fences fhall be made in fuch Way and Manner, and: within fuch Time and Times, as the faid Com- miffioners, or any ‘Iwo of them,. fhall direct; and the fame fhall at all Times: thenafter be repaired, maintained, and pre- ferved by the feveral Proprietors, or Perfons to whom the faid Allotments fhall be fo refpectively allotted as aforefaid, in fuch' ‘Shares ‘and: Proportions as the faid Commuiffioners, or any “Two'of ‘them, fhall appoint; and in.cafe any Perfon or' Perfons Fencing ‘the fhall refufe,. neglect, or omit, within any Time to be appointed Allotmenssof by the faid Commiffioners, or any Two.of them, to inclofe ‘atid tors as hall fence the feveral Parcels of Land and Ground fo to be allotted, affigned, and fet-out to him, her, or them as afore- faid,' in fuch Manner and Sort-as fhall be fo direéted and pointed, it fhall and may be lawful to and for the faid Com- or any Two of them, at.the Requedt of the Perfon or Perfons interefted in the Lands and Grounds next adjoining to the Lands and Grounds of the Perfon or Perfons neglecting, “omitting, or refufing as aforefaid,,.by. any, Writing under, their Hands and Seals to authorize and impower the Perfon or Perfons ee EF making

Page 18

{ 8 J

«making fuch Requeft as aforefaid, his, her, or their refpedtive Heirs, Executors, Adminiftrators, or Affigns, to enter into and upon the Premiffes fo to ‘be allotted to fuch Perfon or Perfons refufing to inclofe and fence as aforefaid, and to make and raife fuch Fences to the fame Allotments refpectively, as by the fiid Commiffioners, or any Two of them, fhall be directed to be inade thereon, and the Charges and Expences thereof fhall be paid and defrayed by the Perfon or Perfons fo neglecting or re-

fufing as aforefaid,

Vicar of 4. = And be it further Enatten by the Authority aforefaid, That i¢ (hall and may be lawful to and for the faid Rodert Smith, Chibers of Vicar of the Parifh Church of Almondoury aforefaid, and his School, and ~Succeflors, by.and with the Confent and Approbation of the Lord newer’ te Archbifhop of York for the Time being (teftified by the affixing Leafes. .of his Archiepifcopal Seal) and of the Governors of School of Chthero, Patrons of the faid Vicarage for the Time being, teftified by their Common Seal, and alfo to and for the aforefaid Governors, and the refpective Truftee or Truf- tees for the Time being of or for any Chapel, Hofpital, School, or other public Ufe or Charity, to grant a Leafe or Leafes, to any Perfon or Perfons, of the Lands ard Grounds to be allotted to them refpectively as-aforefaid by virtue of this Act, or of any Part or Parts thereof, for any Term or Number of Years, not exceeding ‘Twenty-one Years, in Poffeflion, but not in Reverfion, or by way of future Intereft, for the beft Annual Rent or Rents that can reafonably be got for the fame; fo.as no Fine, F oregift, or other Premium whatfoever, fhall be had, paid, or taken on Account thereof; and. fo as every fuch Leafe thall commence within Six Calendar Months next after the making fuch Leafe;. and fo as the Rent or Rents thereby to be referved fhall be made payable Quarterly to the faid Vicar of the faid Vicarage for the Time being, and to the faid Governors and Truttees, their Heirs, Succeffors, and Affigns, refpectively ; and fo as the. Leffee or Lefiees, in fuch Leafe or Leafes to be named, be not exempted from or made difpunifhable for Wafte; and fo as in every fuch Leafe there be contained the ufual Claufe of Re-entry, in cafe the Rent or Rents thereby to be referved. be behind ‘or unpaid by the Space of Twenty-one Days; and fo as fuch Leflee or Lefiees do execute a Counterpart or Counterparts of fuch Leafe or. Leafes; and all fuch Leafes thal] be good, valid, and effectual in the Law, to all Intents and Purpofes, any Law, Ufage, or Cuftom to the contrary notwithftanding, pS

gna:

Page 19

[ 19 J

FYnp be it further Enattey by the Authority aforefaid, That pgchances for the more convenient Situation and Difpofition of the feveral Farms and Lands, to the Owners and Occupiers thereof, upon the faid intended Divifion and Inclofure, it {ha!] and may be law- ful to and for the faid Commuflioners, or any "T'wo of them, and they are hereby authorized and impowered to fet out and allot any Meffuage, Houfe, Barn, or other Building, or any Part or Parcel of any ancient inclofed Lands or Grounds, Chief Rents, Quit Rents, or any other Hereditaments, lying within the Manor aforefaid, which belong to any of the Owners or Proprietors who fhall have in him, her, or them any tate of Inheritance, in Fee Simple, Fee Tail, or being Tenant or Tenants for Life or Lives, or being Joint Tenants, or Te- nants in Common, of and in the fame, in lieu of and in Ex. change for any other Mefiuage, Houle, Barn, or Building, or other ancient inclofed or uninclofed Lands er Grounds, Chief Rents, Quit Rents, or any other Hereditaments lying within the faid Manor, or any other adjoining Manor or Townfhip; and alfo to divide apportion, and make Partition of any Lands or Here- ditaments within the faid Manor, belonging to any Perfons as Joint Tenants or Tenants in Common, between and amongtt fuch Perfons refpectively ; fo as all and every fuch Exchange or Exchanges, Divifion or Divifions, be afcertained, f{pecified, and declared in the faid Award hereinafter mentioned, and be made by and with the Confent and Appro ation of the Owners or Proprietors interefted therein, who fhall have fuch Eftate of Inheritance in Fee Simple, Fee Tail, or being Tenants for Life or Lives, or being Joint Tenants, or Tenants in Com- mon, or his, her, or their Guardian or Guardians, Hufband or Hufbands, Truftee or Truftees, teftified in Writing under their refpective Hands and Seals; and all and every fuch Ex- change and Exchanges, Divifion and Divifions, fo to be made and fet forth in the faid Award, fhall be good, valid, and effectual in the Law, to all Intents and Purpofes whatfoever, notwith- ftanding the Coverture, or other Difability of the Party or Parties in whofe Behalf fuch Exchanges or Divifions fhall be made, and notwithftanding any Will, Settlement, Leafe, Mortgage, or other Incumbrance, thentofore made, or af~ fecting the faid Mefluages, Houfes, Barns, or Buildings, Lands’ or Grounds, fo exchanged or divided, or any of them, or any Part thereof, or any Want of Title in the Parties fo exchanging or dividing as aforefaid; and that the Meffuages, Houles, Barns, Buildings, Lands, or Grounds, Chief Rents, Quit Rents, or

other Hereditaments, which fhall be fo exchanged or divided. as

Page 20

[ 20 1

as aforefaid, fhall be fubject to the fame Ufes, Wills, Settle-

Leales at Rack Rent wo be yoid.

Wifputes -about-Boun- .daries to be fettled by Ar- ibitration.

ments, Leafes, or other Incumbrances, as the Premiffes for which they fhall be fo exchanged or fet apart, upon the Exchange or Divifion as aforefaid, was or were fubject and liable to imme- diately before fuch Exchanges or Divifions fhall be refpectively

made.

be it further Gnatted, “That all and every Leafe and Leafes, for any Term- not exceeding Twenty-one Years, fub-

fifting at Rack, Improved, or Extended Rent, of any Tythes, or of all or any Part of the faid Lands and Grounds hereby in- tended to .be inclofed, or of any Mefiuages, Houfes, Barns, Buildings, Lands, Grounds, Tythes, Chief Rents, Quit Rents, I

or other Hereditaments, to be exchanged or divided, or made Par-

tition of as aforefaid, and all Right of Common in and upon the fame, and all other Agreements for any Time or Term at Rack, Improved, or Extended Rent, fhall, upon the Twenty-ninth Day of September, One thoufand Seven hundred and Eighty-two, ceafe and be void, the refpective: Perfons who have granted or made any fuch Leafes or Agreements making {uch reafonable Satisfaction for the fame to fuch Leffee or Leflees, Tenant or Tenants, when required, as the Commiffioners, or any Two of them, fhall direct and appoint on Account thereof, or

as an Equivalent for the fame.

Gnv whereas Difputes may arife between the Proprietors of Eftates within the Manor aforefaid, and the Proprietors of Eftates within fome adjoining Manor, Townfhip, or. Parifh, touching or concerning the Meers or Boundaries of fuch -refpective Ma- nors,’ Townfhips, or Parifhes, upon or contiguous to the faid Commons and.Wafte Grounds; Be it therefore Gnatted by the Authority aforefaid, That in cafe any Difpute or Difputes fhall arife or happen touching the Meers or, Boundaries, of the {aid Commons and Wafte Grounds, between the faid Manor of Honley and any adjoining Manor, Townfhip, or Parith, it fhall and may be lawful .to and for the Proprietors of Eftates. within the faid Manor of. Honiley, and the Proprietors of Eftates within

fuch adjoining Manors, Townthips,. or Parithes, with, whom

any fuch Difpute or Difputes. fhall happen, or. the major, Part

of them refpectively in Value, who fhall attend at a Meeting to be holden for that Purpofe (which Meeting the faid Commul-

fioners, or any Two of them; are heteby-required to appoint,

by Advertifement to be publifhed in the Leeds News-papers, du- xing Three Weeks at leaft before fuch Meeting) ; and. they, the

fame

Page 21

I [ 2 ] ‘fame’ Proprietors, or the faid major Part of them, are hereby ‘refpectively required, by Writing under their Hands, to nominate and appoint an indifferent Perfon for each Party, as Arbitrators for {ettling and determining fuch Difputes; which Arbitrators fhall, in cafe they cannot fettle and determine the fame, appoint an Umpire; and the faid Arbitrators or Umpire (if any fuch Umpire fhall be appointed) fhall, by Examination of Witnefles upon Oath (which Oath the faid Arbitrators and Umpire, or any ‘of them, are and is hereby impowered to adminifter) and by other proper and fufficient Evidence and Satisfaction, hear, fettle, and finally determine the faid Difputes ; and {uch Determination, Arbitration, or Umpirage, fhall be reduced into Writing, and fiened and fealed by the Perfons or Perfon making the fame, and fhall be binding and conclufive to and upon all Parties inter- -efted in the Commons and Wafte Grounds, the Boundaries “whereof fhall be fo in Difpute as aforefaid ; and in cafe the Pro- prietors of Eftates within the faid Manor of Honlcy, or the Pro- prietors of Eftates within fuch adjoining Manor, Townfhip, or Parifh, ‘between whom the Boundaries of the Commons and Wafte Grounds fhall be fo in Difpute as aforefaid, fhall refufe ‘or neglect to nominate and appoint an Arbitrator as aforefaid, then it ‘fall and may'be lawful to and for the Arbitrator nominated and appointed by and on the Behalf of the other Party to proceed, in Manner hereinbefore mentioned, to hear, fettle, and finally determine the fame; which Determination or Arbitration of the {aid Arbitrator fhall be reduced into Writing, and executed as “aforefaid, and fhall be binding and conclufive to and upon all Parties, as effectually as if fuch Determination had been made by Tyo. Arbitrators indifferently nominated by both Parties, or ‘by “ari Uimpire to ‘be appointed by fuch Arbitrators as aforefaid,

-be it further Enatted, That as foon as conveniently: may Award. ‘be-after the faid Divifion and Allotments: fhall have been com- pleated and finifhed, the faid Commiflioners, or any ‘Two of them, {hall form and draw up an Awhrd or Inftrument in Writing, which {hall contain and exprefs the Quantity in Statute Meafure of Acres, —‘Roods, and Perches, in the Conimons and Waite Grounds hereby intended to be inclofed, .and the Quantity of ‘each ‘and every Part and Parcel thereof which fhall.;be af- fighéd and allotted to each of the Parties entitled to and. inter- — eftéd 'therern, with a Defcription of the Situation, Buttals, and Boundaries of the refpective Allotments ; and:.fhall: alfo’ contain proper Orders and Directioris for fencing, mounding, and ditch- “ing the faid Allotments, and for keeping the {aid Fences, Mounds, i an

Page 22

f 22 |]

and Ditches, in Repair, and for making, and. laying out. proper. public Highways, and private Roads, Ways, Watercourfes, Cuts, Drains, and Paffages, in and through the fame P remiffes ; and. fhall alfo exprefs and contain fuch other Orders, Regulations, and Determinations, as shall by the {aid Commiffioners, or any Two of be thought proper and necefflary to be inferted. therein, conformable to the Tenor and Purport of this A@; And Two Parts of which faid Award or Inftrument fhall be fairly ingroffed or written on Parchment, and figned and fealed by the {aid Commiffioners, or any Two of them, and fhall be. together with the Deed or Inftrument of Arbitration or Umpirage, to be executed by the faid Arbitrators or Arbitrator, or Umpire (if any fuch there be) as aforefaid, by the Regifter of the Regifters Office in Wakefield, eftablifhed by Act of Parliament for the regiftering Deeds, Conveyances, and other Incum- brances affeting Lands, Tenements, and Hereditaments in the Weft Riding of the County of Yorg, or by any other Perfon officiating in that Office, who is hereby required to receive.and ‘nroll the fame; and afterwards one of the Duplicates of the faid original Award, together with the faid Map or Plan thereto annex- ed, and alfo fuch Deed or Inftrument of Arbitration or Umpirage as aforefaid, fhall be delivered to the Steward of the Courts of the Manor of Honley aforefaid, for the Ule of the Lord of the faid Manor, his Heirs and Affigns; and the other Duplicate of the faid original Award, and of the Map or Plan thereto annexed, fhall be lodged in the: Town’s Cheft.in Hozley afore- faid, for the Ufe of all other Perfons interefted in the faid In- clofure;: to which Recourfe {hall and may be had by any Per- fon or Perfons interefted in the faid Divifion and Inclofure: I And a true Copy of fuch Inrollment at the faid Regifter’s Of fice, or of any Part thereof, figned by the proper purpor- ting the fame to be a true Copy (for which-“T'wo Pence per Sheet. fhall be paid, each Sheet to. contain Seventy-two Words) and alfo — the faid original Duplicates of the faid Award, and the faid ori ginal Deed or In{ftrument of Arbitration or Umpirage, or any :of them, thall from Time to Time, and.at all Times thereafter be ad- mitted and allowed, in all Courts whatfoever, as legal Evidence of the fame: And the feveral Allotments and Divifions, and all Orders, DireGtions, Regulations, and Determinations {fo to be made by the faid Commiffioners, or any Two.of them,.in- and by fuch Award or Inftrument, fhall be binding and conclufive unto and upon all and every the Parties interefted in the Grounds, and Premiffles, which. fhall be divided and inclofed, or - exchanged, by virtue of thisAG.. ane I am

Page 23

[ 23 ]

ano be it further That all and every. Perfon and Allotmentsto Perfons entitled to any Allotment or Allotments upon the faid be accepted Divifion and Inclofure, fhall, and they are hereby required to ac- ited Time. cept the fame within the Space of Six Calendar Months next after the Execution of the faid Award or Inftrument by the faid Commiffioners, or any Two of them, and Notice thereof given on the Chapel Door of Hon/ey aforefaid, upon fome Sunday im- mediately after Divine Service, and alfo publifhed in the Leeds . News-papers for Two Weeks; and in cafe any Perfon or Perfons. - fhall neglect or refufe to accept his, her, or their Share or Al- Jlotment within the Time aforefaid, fuch Perfon or Perfons fo neglecting or refufing fhall be, and is and are hereby totally excluded from having or receiving any Eftate or Intereft, Be- nefit, or Right of Common whatioever, in any of the Lands

and Grounds afligned and allotted to any other Perfon or Perfons by virtue of this Act.

jprovided always, T hat all Guardians, or Perfons acting as Guardians, Guardians, and all Hufbands, Truftees, Committees, or Attor- &c. may ac- nies of any Perfon or Perfons, being Minors, or otherwife in- “P* capable by Law to accept their Allotments, fhall be, and: are hereby enabled and required to accept thereof, to the Ufe of the Perfon or Perfons fo incapacitated as aforefaid ; and alfo, thar any Perfon or Perfons entitled to any Allotment or Allotments, as Tenant or Tenants for Life or Lives, or for Years, de-+ terminable on One or more Life or Lives, fhall be, and is and are hereby refpectively enabled and required to take and accept of fuch Allotment or Allotments ; and alfo, that any Perfon or Per- fons entitled to any Allotment or Allotments, in Remainder or Expectancy, upon any precedent particular Eftate, upon Neglect. or Refufal, for the Space of any Tenant or Tenants in Poffeflion, or any Perfon entitled to fuch precedent particular. Eftate,. fhall.be, and is hereby enabled to accept of any fuch. I Allotment or Allotments, in lieu and inftead of any fuch Te- I nant or Perfon fo entitled, and neglecting or refufing as afore I faid; and every fuch Acceptance refpectively fhall be, and is hereby declared to be valid and effectual in the Law, to all In- tents and. Purpofes whatfoever; but the Non-claim or None acceptance of any Guardian, Hufband, Truftee, Committee, or. Attorney, fhall not exclude or prejudice the Claim or Accept- ance of any Infant, Lunatic, Feme Covert, or;other Perfon, or Perfons under Difability or Incapacity as aforefaid, who fhall claim or accept within One Year after fuch. Difability or fhall be removed, or of any Perfon or Perfons entitled : as

Page 24

[ 24 ]

as Heir or in Remainder after the Death of any Perfon dying

under fuch Incapacity, who fhall claim within One Year after his, her, or their Right or Intereft fhall have accrued, or be known

Fences may be made be- fore the Exe- cution of the

Award.

to have accrued, upon paying the Expences to be charged upon the fame as herein 1s mentioned. oh

Gnv be it further cEnattev, That it fhall and may be lawful to and for any of the faid Proprietors, after their Allotments {hall be ftaked out, at any Time before the faid Commiffioners, or any Two of them, fhall have executed their Award, by and with the Confent in Writing under the Hands of the faid Commiffioners,

or any Two of them, to ditch out their faid Allotments, and

with Walls, Quickfets, or otherwife, to fence the fame, in fuch

Manner, and at fuch Time or Times, as the faid Commiuffioners,

or any ‘Two of them, fhall think proper; and in. cafe fuch ‘ditching, walling, quicking, or fencing, fhall be wilfully. da- maged or deftroyed, or any Crops that fhall or may. be growing on

fuch Allotments in anywife injured; the Perfon or Perfons doing

~ fuch Injury thall be deemed and be

Gaps to be left.

Damages in refpect thereof, in like Manner as Damages are re- coverable in Aétions of Trefpafs, by the Laws now in -benig, for Injuries done to Land. bo

always, That convenient Gaps and Openings thal be left in the Fences and Inclofures to be made by virtue of this

AG, in fuch Places as the faid Commiffioners fhall direét, for the

+

Space of Nine’ Calendar Months next enfuing the Execution of

faid Award, for the Paflage of Cattle, Carts, and Carriages in and through the fame, unlefs the faid:Commiffioners, or any Two of them, fhall order and award to the contrary, and then

For preferve ing Quick

for fuch Time only as they fhall' fo order and award.

Gnd be it further Enafted, That if any Perfon or Perfons thal graze or keep any Sort of Cattle, Sheep, or Lambs, in any ot the Roads or Ways to be made and fet out'as aforefaid, within the Space of “Ten ‘Years next after the Execution of the faid Award

or Inftrument, it fhall and rhay’be lawful for the Pinder for the ‘Time being of or for any Place where the fame fhall fo happen refpectively, and he is hereby ‘required to impound the fame, and ‘to demand the Sum of One Shilling (and no more) ‘before fuch

Sheep not te be kept in the new Inclo- fures for Twelve Years.

Cattle, Sheep, or Lambs ‘fhall be releafed.

Gnd be it further Cnatten, That no Sheep or Lambs hal be kept in any of the new Inclofures (except fuch as care ne fence

Page 25

f 25 |]

fenced by Quickfets) during the Space of Twelve Years from the Execution of the faid Award, unlefs the Perfons keeping fuch Sheep or Lambs do at their own Expence fence their Neighbours Quickfets, adjoining the Inclofures where fuch Sheep or Lambs fhall be kept, fo as to prevent any Damage being done to fuch Quickfets by fuch Sheep or Lambs.

Ano be it further Enatey, That all the Cofts, Charges, and Expences, in and about the preparing, foliciting, and obtaining this Act, the furveying, mapping, dividing, and allotting the faid Commons and Wafte Grounds intended to be inclofed, and all the Charges of the faid Commiffioners in and about the ‘making and inrolling fuch Award and Duplicates as hereinbefore mentioned, and all other Charges and Expences whatlo- vever, for or by Reafon of, or preparatory to the faid intended Divi- fion and Inclofure, and the hearing and determining any Claims ip) relation to the Premifies, and of making the ences to the Lands ‘to be allotted to the faid Governors and Vicar, and to any Perton or Perfons feifed of any Land, Ground, or Common Right in and upon the faid Commons and Waite Grounds, in Right of or in for any Chapel, Hofpital, School, or other public Ufe or Charity as aforefaid, and other neceflary Expences of the fevera} Perfons to be employed by the faid Commiflioners, or any Two of them, cither before or after the exccuting of their faid Award, and the carrying this A€@t into Iixecution (except the attending the forming the faid public Roads, and putting the fame in Repair as aforefaid, thé Manner of raifing and levying whereof being hereinbefore dirc¢ted) {hall be paid, borne, and defrayed by the Owners and Proprietors of, and Perfons in- terefted in, the faid Lands and Grounds fo intended to be inclofed (other than and except the faid Governors and Vicar, and the Per- fon or Perfons feifed of any Land, Ground, or Common Right in and upon the faid Commons and Wafte Grounds, in Right of or in T'ruft for any Chapel, Hofpital, School, or other public Ufe or Charity as aforefaid) in fuch Proportion, and Proportions, and at fueh Time and Times, as the faid Commiffioners, or any Two of them, (hall, either before or after the executing of their faid Award, order and direct, by a Notice or Notices in Writing, under their Hands, to be affixed on. the Chapel Door of Honley aforefgid, at leaft Twenty-one Days before the Time of fuch Payment; and in cafe any of the Perfons aforefaid fhall refufe or neglect to pay his, her, or their Share or Shares, Proportion or Proportions, of fuch Charges and Expences, or the Expences and Charges of

anclofing, hedging, walling, ditching, and fencing their refpec- tive

For paying the of the Aft.

Page 26

Wills, Deeds, or Settle- ments, not to be prejue ; diced.

[ 26 J.

‘tive Allotments as aforefaid, within the Time or Times to be. limited by the faid Commiffioners, or any Two of them, to fuch Perfon or Perfons as they fhall appoint to fame, then the {aid Commiffioners, or any ‘Two of them, fhall and nay, Warrant: Hands and ‘Seals, directed to any Perfon whomfoever, caufe the-fame to-be levied by Diftrefs and

Sale of the Goods and Chattels of the Perfon’ or Perfons fo ne-

giecting or refufing to pay the fame, rendering the ‘Overplus (if any) to the Owner or Owners of-{uch Goods and Chattels, after dedu@ting the Cofis and Charges of taking or making fuch

_Diftrefs or Diftreffes, and. felling:the fame; or otherwife, it thall

and may’ be lawful toand for the faid Commiflioners, or any Two of them, or any Perfon or Perfons to:be authorized by them, to enter into and upon the Premiffes fo to be allotted to:fuch Perfon or Perfons refufing to pay as aforefaid, and to take and receive the Rents and Profits thereof refpeCtively, until thereby or there-

with the faid Share or Shares, Proportion or Proportions, of the

faid Cofts, Charges, and Expences, fo to be directed, awarded, and appointed: by the faid Commiffioners, or .any Two of. them, to be paid by fuch Perfon or Perfons ‘as aforefaid, and alfo all Cofts, Charges, and Expences occafioned by or attending fuch — Entry upon and Perception of the Rents and Profits of .the fame Premifles, {hall refpectively be and fatisfied.

}rovided neverthelefs, and be it further nated, That nothing -in this Act contained fhall extend, or be deemed or

taken to revoke, make -void, alter,-or annul any Settlement, Deed, Will, or Limitation, or to-prejudice any Perfon hay- ing or claiming any Jointure, Dower, Portion, Reverfion, Rent, Service, Debt,. Charge, or -Incuinbrance, ‘of, .in, out of, upon, or affecting any of the Lands and Grounds ‘fo intended to be

divided and inclofed, or exchanged, in purfuance of this A&, ‘or any Part. thereof, refpectively ; but that the feveral Lands

and Grounds fo to be affigned and allotted, upon fuch Divi- fion .and Inclofure, to the feveral Parties concerned, or their Truftees, and -which fhall be taken in Exchange purfuant to this Act, fhall, immediately after fuch Allotments or Exchanges fhall be.made, be, remain, and enure, and the feveral Perfons to whom the fame fhall be afligned and allotted, or given in.-Exchange as aforefaid, from -thenceforth ftand and be feifed thereof, to and for {uch and the fame Ufes and Eftates, and fubject to fuch and the fame Wills, Settlements, Limitations, Remainders, -

Charges, Tenures, Rents, Services, Quit Rents, and Incum- brances, -as the faid.feveral Lands, .Grounds, Ténements, or He-

reditamen ts;

Page 27

[ 27 J]

‘reditaments, in lieu or in ‘refpect. whereof fuch Allotments and Exchanges fhall be made as aforefaid, noware, or fhould or would have been fubject and liable to be charged with, or affeGed by, in cafe the fame had remained uninclofed and unexchaneed, or this AG had not been made. °

“AND. whereas fome Perfons ‘interefted in ‘the -Lands and For borrow. ‘Grounds hereby intended to be divided and inclofed, may have ing Money. Occafion to borrow Money for the Purpofes of this Act; Ge it therefore Genaten by the Authority aforefaid, it fhall and may be lawful to and for all or any of the Owners and Proprt- -etors of the Lands and Grounds intended to be inclofed- as afore- faid, and to and for the Hufbands, Guardians, Truftees, or Com- -mittees of any of the faid‘Owners:or Proprietors, being under Co- verture, Minors, Idiots, Lunatics, or beyond the Seas, or being under any Difability whatfoever; and alfo to and for all Perfons as Guardians, Truftecs, or Committces of any Owners or Proprietors, being Tenants in Tail, or for Life only, or for Years determinable on One or more Life or Lives, or poflefled of any greater Eftate, or for the {aid Commifflioners, or any Two of them (in cafe the faid Proprietors -or Perfons.interefted fhall re- fufe or neglect). by Writing under their Hands and Seals, from Time to Time to charge the Lands and Grounds which fhall be afligned and allotted to them as aforefaid, with any Sum or Sunis of Money for the Purpofes before mentioned, not exceeding Forty ‘Shillings for each Acre; and for fecuring the Repayment thereof, with Intereft, to grant, mortgage, leafe, or demife, or otherwite fubjeé& the Lands and Grounds fo to. be affigned and allotted, or any Part or Parts. thereof, unto fuch. Perfon or Perfons as advance and lend the fame refpectively, his, her, and their. re~ fpective Executors, Adminiftrators, or Afligns, for any Term of Number ‘of ‘Years; fo as fuch Grant, Mortgage, Leafe, or Dee - mife, be made with a Provifo or Condition to ceafe and .be void, I or with an exprefs Truft to be furrendered, when fuch Sum or Sums of Money thereby to be fecured, with the Intereft thereof, {hall be fully paid and fatisfied ; and fo as in every {uch Grant, Interett to be Mortgage, Leafe, or Demife, to-be made by any ‘lenant. in Tai] Keptdown or for Life, or for Years determinable on Onc or more. Life.or Lives, there be contained a Covenant: to pay and keep down the Intereft of the faid Money to be. thereby refpectively fecured, during his, her, or their refpective Life or Lives, ‘fo as that no Perfon afterwards becoming of fuch Lands and Grounds fhall be liable to pay any further.or larger Arrear

AIntereft than for One Year preceding the Time that the Title to : fuch

Page 28

Commifion- ers to direct the Applicz- tion of the Money to be. borrowed.

Commiffion- ers tO ace- acount.

“Proprietors to pay their Expences at Meetings.

-Notice of Meetings.

-on fome Sunday upon, the Chapel Door of Honley aforefaid, of

{ 28 ]

fuch Poffeffion fliall have commenced, and every fuch Grant, Mortgage, Leafe, or Demife of the faid Lands, Grounds, or Premiffes, fo to be made as aforefaid, fhall be good, valid, and

in the Law, for the Purpofes thereby intended, notwith-

ftanding the Want of Title in the faid Hufbands, Guardians, Truftees, or Committees, or in the faid Tenants in Tail, or for

‘Life only, or for Years determinable on One or more Life or

Lives, ot other Perfons fo mortgaging, or in the faid Commif-

fioners, or any Two of them, and notwithftanding any Settlement,

Will, Truft, Ufe, Remainder, Limitation, or other Impediment or Incumbrance, to the contrary in anywife: Provided always, that the Money fo to be borrowed as aforefaid, fhall be under the Controul, Management, and Direction of the faid Commiffioners, or any Two of them, and fhall be paid to fuch Perfon or Perfons, and applied for the Purpofes, before mentioned, in fuch Manner as the faid Commiffioners, or any Two of them, fhall direct and

appoint.

Gnv be it further by the Authority aforefaid, That the faid Commiffioners, or any Two of them, fhall, and they are

hereby required, from Time to Time, to enter into a Book to be provided for that Purpofe, an Account of all Monies received

-of and from the feveral Owners and Proprietors of the faid Com- -mons.and Wafte Grounds fo intended to be divided and inclofed, _and alfo.of all the Charges, Expences, and Difburfements which fhall accrue or be made by them, or any of them, by virtue of

this Act, and in carrying the fame into Execution ; .which Book, with the proper Vouchers, they fhall produce to the faid Proprie- tors, or any Two of them, when required, and leave a Copy or Copies thereof, when required by any Three or more of the faid Freeholders, in the faid Town’s Cheft of Hon/ey aforefaid, for the Purpofe of being infpected or perufed by any of the Free- holders for the Time being of the faid fat

‘Gnd be it further Enatted by the Authority aforefaid, That the {aid Proprietors fhall pay their own Expences, when they attend the

faid Commiffioners at any of their Meetings to be had for putting this Act in Execution.

Gnd be it further Enaétey by the Authority aforefaid, That the

‘faid Commiffioners, or any Two of them, fhall, and they are hereby required to give, or caufe to be given, public Notice, by

Advertifement in the Leeds News-papers, for One Week, and

the

Page 29

[ 29 ].

¢he Time and Place of their Firft and every fubfequent Meeting refpectively for the Execution of this Act, at leaft Ten Days ‘before every fuch Meeting fhall be held (Meetings by Adjourn- ment only excepted) and any One of the faid Commmiffioners, in

Default of Two Caommiffioners meeting purfuant to fuch Notice:

as aforefaid, fhall and may adjourn fuch Meeting from Time to Time, and to fuch Place as he fhall think proper, without giving any other Notice thereof.

QGnv be it further nated by the Authority aforefaid, That when and fo often as any of the faid Commiffioners appointed by this AGt, or to be elected in Manner hereinafter mentioned, fhall die, or refufe, or become incapable, by Sicknels or otherwife, to ‘at, the Perfons who refpectively, for the Time being, fhall be in- terefted in the faid Commons and Wafte Grounds fo intended to ‘be divided and inclofed as aforefaid, or the major Part of them in Value, who fhall attend a Meeting for that Purpofe, purfuant to Notice to be given in the Leeds News-papers for Two Wecks (which Notice the faid Commiffioners, or any One of them, re and is hereby required to caufe to be publifhed, within One ‘Calendar Month, or as foon as conveniently may be next after the Death or Refufal, or Incapacity, as aforelaid, to of any of the faid Commiffioners, and. Ten Days at the leaft previous to fuch Meeting) fhall and may, by Writing under their Hands and Seals, appoint a Commiffioner, not interefted in the faid intended Divifion and Inclofure, inftead of fuch Commiuffioner fo dying or refufing, or becoming incapable as aforefaid to att; and every ‘Commiffioner fo to be appointed as aforefaid {hall take the fame Oath, and have the like Power and Authority, by virtue of this A&, as the Commiffioner in whofe Place he fhall fucceed was vefted with.

Ano be it further Enaked, That if'any Perfon or Perfons fhall think him, her, or themfelves aggrieved by any ‘Thing done in purfuance of this A&t (other than and except fuch Orders and eterminations of the faid Commiffioners and Arbitrators, or Umpire, as are hereinbefore declared to be final and conclufive) then and in every fuch Cafe he, fhe, or they may appeal to any Quarter Seffions of the Peace which fhall be held for the Wett Riding of the faid County of York, within Six Calendar Months next after the Caufe of Complaint fhall have arifen ; and the Juf- tices in the faid Quarter Seffions are hereby authorized and re- quired to hear and determine the Matter of every fuch Appeal, and to make fuch Order therein, and award fuch Cofts and Damages, st A as

For chufing new Com- miflioners

Allowing an Appeal to the Quarter Sef fions.

Page 30

Saving mane~ rial Rights.

General Say- ing,

[ 30 ]

-asto them in their Difcretion fhall feem juft and reafonable, ang ‘by their Order to appoint a Time for Payment of fuch Cofts and Damages; and in Cafe of Non-payment thereof for Six Days after the Time fo appointed, and Notice thereof, the faid Juftices, ‘or any Two of them, fhall, by their Warrant, levy the Cofts and Damages which fhall be fo awarded, by Diftrefs and Sale ‘of the Goods and Chattels of the Party or Parties liable to pay the fame, rendering the Overplus (if any) to the Owner or Owners of fuch Goods and Chattels, after deducting the reafonable ‘Charges of every fuch Diftrefs and Sale; which Determination of the faid Juftices fhal] be final and conclufive to all Parties concerned, and fhall not be removed or removable by Certiorari, or any other Writ or Procefs whatfoever, into any of His Majefty’s ‘Courts of Record at Weftminfler, or elfewhere.

JProvided always, and be it further Cnaked, That nothing in this Act fhall prejudice, leffen, or defeat the Right, Title, or In-

tereft of the faid Wiliam Earl of Dartmouth, his Heirs or. Af- figns, as Lord or Lords of the faid Manor of of, in, or to the Seignories, Royalties, Rights, and Services, incident and belonging to the faid Manor of Hon/ey (except what are abolifhed or altered by this Act); but that the faid Wiliam Earl of Dartmouth, his Heirs and Affigns, and all and every other Perfon and Per- fons claiming and to claim under, or in Truft for him or them, as Lord or Lordsof the faid Manor of Hon/ey, fhall at all Times hereafter hold and enjoy all Rents, Services, Rights, Royalties, Courts, Perquifites and Profits of Courts, and alfo all Goods and Chattels of Felons and Fugitives, Felons of themfelves and put in Exigent, Deodands, Waifs, Eftrays, Forfeitures, and all other Royalties, Privileges, and Jurifdictions to the faid Manorof Honky, or to the Lord thereof, incident, belonging, appendant, or apper- taining (other than and except what are abolithed or altered by this Act) in as full, ample, and beneficial Manner, -to all Intents and Purpofes, as he or they might have held and enjoyed the fame be-

fore the pafling of this A&, or in cafe the fame had not been made.

Saving to the KING’s Moft Excellent Majefty, His Heirs znd Succeffors, and to all and every other Perfon and Per- fons, Bodies Politic or Corporate, his, her, and their Heirs, Suc- eefiors, Executors, and Adminiftrators, all fuch Eftate, Right, Title, and Intere{t (other than fuch as are meant and intended to be barred, deftroyed, or altered by this Aét) as they, every or . any of them, had or enjoyed of, in, to, or in refpect of the faid Commons

Page 31

[ 3 ]

“Commons and Wafte Grounds, and of all or any other the Lands, ‘Grounds, Woods, Tenements, and Hereditaments aforefaid, be- fore the paffing this AG, or could or might have had and enjoyed in cafe the fame had not been made: But no fuch other Perfon or Perfons, Bodies -Politic or Corporate, his, her, or their Heirs, Succeffors, Executors, and Adminiftrators, fhall have Power to defeat the End or Defign of this Act, by avoiding, impeaching, or anywife difturbing any of the Di- vifions, Allotments, Settlements, or Appointments to be made ‘by virtue thereof; but he, fhe, and they fhall hereby be bound to accept the feveral Allotments which fhall be made and affigned by virtue of this Act, in lieu of all fuch Lands, Grounds, Tythes, Modufes, or other Payments, Common Right, Title, Intereft, or Property, as he, fhe, or they may claim to be entitled, or would have been entitled to in cafe this Act had not been made.

be it further That this Act thall be deemed and pypic aa, taken tu be a Public Aét, and thall be judicially taken Notice of

as fuch by all Judges, Juftices, and other Pertons whomfoever, ‘without {pecially pleading the fame.

Page 32

A WN A Cc TT FOR

Dividing, Inclofing, and Improving, the {e- veral Cammons and Wafte Grounds with- in the Manor of Hon/ey, in the Parifh of

Almondbury, in the County of York ; and for abolifhing or fettling certain other

Rights or Claims within the faid Manor:

22 Geo, Ill, 5782.


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