Manor of Huddersfield Enclosure Act of 1785

The following is the OCR text of a book and will likely contain errors. This page is designed to be indexed by search engines. Click on a page number to view the book in your web browser.

The text is believed to be in the Public Domain.

Page 1

8 & Be BB 8 8 @€ @ BR & Sr yt RON SAR RR ROE RON

En SS

AN

A Cc TT

Dividing and Inclofing the Commons and Wafte Grounds within the Manor of Huddersfield, . in the County of York, = I

Kr HER EAS thereare within the Manor of Hudder/- at field, in the Weft Riding of the County of York, feve- ral Open Commons and Wafte Grounds, containing in Rent

the Whole Three hundred .and Fifty Acres, .or there- abouts :

Gnd tubereag Sir Fob Ram/fden, Baronet, is Lord of the Manor of Huddersfield aforefaid, and as fuch is Owner of the Soil of the feveral Commons and Wafte Grounds within the faid Manor, and of all Mines, Quarries, and Minerals within the faid Commons and Wafte Grounds; and is alfo Impropriator of and entitled to the Tythes of Corn, Yearly arifing or renewing within the faid Manor, except the Tythe of certain Lands and Grounds within the faid Manor, the Owners of which claim to hold the fame dif- charged of all Great Tythes ; and the faid Sir fob Ram/den is alfo

Preanible:

Patron of the Vicarage of the Parifh Church of Huddersfield afore-.

faid, and the Reverend Fohn Lowe, Clerk, is Vicar of the {aid Parifth Church, and as fuch is entitled to all Vicarial Tythes arifing with- in the faid Manor, or to certain Payments in lieu thereof :

~

A Sno

Page 2

Commiflion- ers,

Umpire.

New Come. miffioners,

[2

Gnp whereas the faid Sir ohn Ramfden and. Sir John Lifer Kaye, Baronets, Richard Kennett, Muferave Brifcoe, Efquires, the faid Vicar, and alfo Yaobn Whitacre and Benjamin. Walker, Gentlemen, and~feveral other Perfons, being Owners and Proprietors of Lands, Tenements, and Hereditaments, within the faid Manor, are in re{pect thereof entitled to Right of Common on the faid Commons and Waite Grounds :

whereag it would ‘be for the Advantage of the feveral Per- fons entitled to Right of Common, if the faid Commons and Wate Grounds were divided, allotted, and inclofed; but the-fame

cannot be effectual y done without the Aid of Parliament:

May it therefore pleafe Your MAJESTY,

That it may be Enacted; Gnd be it Enatted by the KING’ Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in -this pre- fent Parliament affembled, and by the Authority of the fame, That Yohn Sharp, of Gilderfome, in the faid County of York, Gen- tleman, and Whitelock, of Brotherton, in the fame County, Gentleman, and their Succeffors, to be eleétéd in Manner herein- after mentioned, fhall be, and they are hereby appointed Com- miffioners for dividing, allotting, and inclofing the faid Commons and Wafte Grounds, and for putting this AG into Execution.

be it further Enaktev, That if the faid Commiffioners thall differ or difagree in Opinion touching or concerning any of the Matters or Things to be by them done and performed in purfu- ance of this Ad, that then, and in every fuch Cafe, they thall and are hereby required, with all convenient Speed, after any fuch Difference or Difagreement hall arife, to refer the Matter thereof to fuch other Perfon, not interefted in the Lands and Grounds hereby intended to be divided and inclofed, as the {aid Commil- fioners fhall think proper, as Umpire, whofe Judgment and Determination therein hall be deemed and confidered to be the Judgment and Determination of the faid Commiffioners. :

Gnd be it further Enated, That if the faid William White Jock, or any Commiffioner, to be appointed as hereinafter al tioned by the faid Sir ‘fohn Ram/den, his Heirs, or Affigns, {ht die, refufe, or become incapacitated to aét, then, and in every fue

Cafe, it fhall be lawful for the faid Sir Ram/ien, his Hers

Page 3

[C3 ]

or Affigns, within Twenty Days after fuch Death, Refufal, or Incapacity fhall be .made known to him or them by the furviving or remaining Commiffioner, to appoint a new Commiffioner, not interefted in ‘the faid intended Inclofure, in the Stead of fach Com- mifioner fo dying, refufing, or becoming incapacitated to a@; and if the faid ‘fohn Sharp, or any other Commiffioner, to be appointed as hereinafter mentioned, fhall die, refufe, or become incapacitated to act, then, and in every fuch Cafe, a new Commil- foner, not interefted faid intended Inclofure, fhall be ap- pointed in the Stead of every Commiffioner fo dying, refufing, or becoming incapacitated to act, by a Majority in Value of the Proprietors of the Lands having Right of Common as aforefaid, © who fhall be prefent at any Meeting to be appointed for that Pur- pote, within Twenty Days after fuch Death, Refufal, or Incapa- city, of which Meeting Ten Days Notice at the leaft thal! be afixed by the furviving or acting Commiffioner upon One of the Doors of the Parifh Church of Huddersfield aforefaid ; and every © fuch Appointment of a new Commiffioner fhall be reduced into Writing, and figned by the Perfon or Perfons making the fame, and fhall be delivered to the furviving or remaining Commiffion- er, and enrolled in like Manner as the Award of the faid Com- miffioners is by this Act directed to be enrolled; and every Com= miffioner fo to be appointed fhall have the like Powers and Authori- ties for putting this A&t into Execution, in all Refpects whatfo- ever, as the Commiffioner in whofe Place he fhall have been fo appointed was invelted with by virtue of this Act.

Gnd be it further Enaked, That no Perfon thall be capable of Commifion- acting as a Commiftioner in the Execution of the Powers given by erste takean this Act (unlefs it be the Power hereby given of adminiftering athe Oaths, and of appointing and giving Notice of the Firft Meeting of the faid Commiffioners) until he fhall have taken and fubfcribed an Oath to the Effect following; (that is to fay)

«1 4, B. dofwear, That I will faithfully, impartially, and “© honeftly, according to the beft of my Skill and Judg< “© ment, hear and determine all fuch Matters and Things “as fhall be brought before me as a Commiflioner, by “virtue of an AG of Parliament made for dividing and in- “© clofing the Commons and Wafte Grounds within the Manor © of Huddersfield, in the County of York; and that I will ‘“¢ do and execute all other Things appertaining to the Of~ I “¢ fice of a Commiffioner, truly, honeftly, and impartially, “* according to the beft of my Skill and Judgment, with- I ** out

Page 4

Survey.

Valuation.

Roads,

to be fenced on both Sideg.

[4]. << out Favour or Affection to any Perfon or Perfong <* whomfoever. So help me GOH,”

- ‘Which Oath it thall be lawful for either of the faid Commiffion.

ers to adminifter, and he is hereby required to adminifter the fame to any other of the faid Commiffioners ; and the -faid Oath, f taken and fubfcribed. by each Commiffioner, . thall be enrolled'in the fame Place, and at the fame Time, as the Award or Inftrument of Allotments, to be made by the faid Commiffioners as hereinafter is mentioned, is in and by this AG directed to be enrolled,

. And be it further Enaked, That a true and diftina Survey (hall be made of the faid Commons and Wafte Grounds hereby directed to be divided, allotted, and inclofed as aforefaid, and (if thought neceffary) of the Old Inclofures within the faid Manor, on or before the Firft Day of November, in the Year of our Lord One thoufand Seven hundred and Eighty-fix, or as foon thereafter as conveniently may be, by fuch Perfon or Perfons as the {aid Com- miffioners fhall appoint ; and the faid Survey fhall be reduced in- to Writing, and, if-required by the faid Commiffioners, thall be verified upon the Oath of fuch Surveyor or Surveyors, which Oath the faid Commiffioners are hereby authorized to adminifter;

and the faid Survey, when made, fhall be laid before the ‘ald

Commiffioners, at all or any of their Meetings to be held in pur- fuance of this Act, I I

And he it further Enatter by the Authority aforefaid, That the

faid Commiffioners fhall, and they are hereby required, according

to the beft of their Skill and Judgment, to eftimate, afcertain, and fettle the refpective Values of the Lands and Grounds of the veral Perfons having Right of Common upon the faid Commons and Wafte Grounds, and in like Manner to eftimate, afcertain, and fettle the Value of the Soil or Ground of the faid Commons and Wafte Grounds, _

and be it further Enattey, That the faid Commiffioners thall affign, fet out, and appoint both public and private Ways or Roads through or over the {aid Commons and Watte Grounds, with the Affize and Breadth thereof, fo as all public Carriage Roads, fo to be fet out and appointed, fhall be and remain Forty Feet wide at the leaft between the Ditches, and fhall be well and fufficiently fenced out on both Sides by fuch of the Owners and Proprietors of the {aid Lands and Grounds, and within fuch Time (not exceeding Two Years from the Time of the Execution of the faid Award) as the faid Commiffioners fhall direét and appoints

Page 5

[Cs ]

and it fhall not be lawful for any Perfon to ere@ any Gate acrofs ay of the faid public Carriage Roads, or to plant any Trees in er near the Hedges on the Sides thereof, at a lefs Diftance from each other than Fifty Yards; and after the faid public Carriage Roads fhail have been fet out as aforefaid, the faid Commiffioners fhall, and they are hereby required, by Writing under their Hands, to appoint fome proper Perfon to be Surveyor thereof, and fuch Surveyor fhall caufe the fame to be formed and put in good and fufficient Repair, and fhall be allowed fuch Salary or Reward for his Trouble therein, as the faid Commiffioners fhall, by Writing

under their Hands, direct and appoint; which Salary or Reward,

andalfo the Expence (over and above the Statute Duty) of form- ing the faid Roads, and of putting the fame in good and fufficient Repair, {hall be borne and paid by the feveral Owners and Pro- prietors of the Lands and Grounds hereby intended to be divided and inclofed (other than and except the Vicar of the faid Parith Church, and the Perfon or Perfons feifed of any Land, Ground, or Common Right, in and upon the faid Commons and Watte Grounds, in Right of or in Truft for the Poor of Huddersfield aforefaid, or for any other public Ufe or Charity) and {hall be raifed by a Rate to be laid on fuch Owners and Proprietors, according to their refpective Rights and Interefts in the faid Lands and Grounds, the refpective Proportions thereof to be afcertained by the faid Commiffioners in and by their faid Award, fuch Rate to be laid and affeffed by the faid Commiffioners, or by any Juftice of the Peace for the Weft Riding of the County of York, upon Application made for that Purpofe by the faid Sur- veyor, and to be collected and received by fuch Perfon as the Commiffioners or Juftice, by whom fuch Rate fhall be laid and affefled, 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 Diftrefs and Sale of the Goods and Chattels of the Perfon or refufing, by Warrant under the Hands and Seals, or Hand and Seal, of the faid Commifiioners, or of any Juftice of the Peace for the Weft Riding of the faid County (which Warrant the faid Commiffioners or fuch Juftice are or is hereby impowered and required to grant, upon Proof on Oath of fuch Neglect or Refufal, and of fuch Demand as aforefaid, and the faid Commiffioners or fuch Juftice are or is hereby alfo im- powered to adminifter 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 Inhabitants of the faid Manor (other than the Ownersand Proprietors of the faid Lands and Grounds) fhall be charged or chargeable (over and B

above

No Gates acrofs the Roads, and no Trees planted on the Sides, within Fifty Yards of each other.

Surveyor of

the Roads.

Page 6

[ 6 ]

above tne Statute Duty) towards the forming or repairing the fad public Carriage Roads, until the fame fhall be made fit for the Paflage of Travellers and Carriages, and fhall have been certified fo to 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 {aid County, and fuch Cer- tificate fhall have been allowed and confirmed by them; which Certificate fhall be delivered to the faid Juftices at their Quarter Seffions to be holden next after the faid Roads fhall be formed and put in good and fufficient Repair .as aforefaid, and within the Space of Two Years next after the Execution of the faid Award, 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 Juftices may and are hereby impowered ta 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 negleét or refufe to deliver in fuch Certificate within the Time before limited, fuch Surveyor fhall forfeit and pay the Sum of Twenty Pounds, to be recovered in like Manner as the faid Rate is herein-before authorized to be recovered, and the fame thall be applied in Aid of the Rate fo to be laid as afore- {faid; and that from and after fuch Certificate fhall have been de -livered to the faid Juftices by the faid Surveyor as aforefaid, and {hall have been by them allowed and. confirmed, the {aid public Carriage Roads fhall be from Time to Time fupported and kept in Repair in the fame Manner as the other public Roads within the faid Manor are by Law to be amended and kept in Repair ; and that all Bridle Roads, Foot Ways, and private Ways, which thall be fet out and appointed as aforefaid, fhall be for ever amended and repaired at the Expence of all or fuch of the faid Proprietors, and in fuch Manner as the faid Commiffioners fhall in that Behalf order, direét, and appoint; and that it fhall not be lawful for any Perfon or Perfons afterwards to ufe, or claim the Ute of any Roads or Ways, either public or private, over, within, or through the ‘faid intended Inclofure, or. any Part or Parts thereof, either on Foot, or with Horfes, Cattle, or Carriages, other than fuch Roads or Ways as fhall be afcertained, fet out, and appointed by the faid Commiffioners as aforefaid; and that all the former Roads ‘Ways, or fo much of them as fhall not be fet out and appoin as aforefaid, fhall be deemed Part of the Lands to be divided and inclofed by this AG, and fhall be allotted and awarded as Part thereof accordingly ; and that all the Grafs and Herbage growing and to grow in and upon fuch Roads fo to be fet out or

eaforefaid, and alfo upon the Allotments foc Pits and

Page 7

[C7] he fet out as hereinafter is mentioned, fhall be allotted to fuch

Perfon or Perfons as the faid Commiffioners fhall direét and appoint. I

Provided neverthelets, That nothing herein contained hall authorize the faid Comiffioners to turn or alter any Turnpike

Road within the faid Manor.

Gnv be it further naked, Perfons having or claiming

any Right or Intereft whatfoever in or upon the faid Commons and Wafte Grounds, fhall and are hereby required, by themfelves, their Agents, or Servants re{pectively, at the Firft or Second Meeting of the faid Commiffioners for putting this Ad into

Execution, to give and deliver to the faid Commiffioners at fuch.

Meeting, in Writing under their Hands, an Account of their re- fpective Claims, and all Perfons neglecting fo to give and deliver, or caufe to be given and delivered fuch Claims in Manner afore- faid, fhall be, and are hereby excluded and debarred of and from all Right or Title of, in, or to the Lands and Grounds to be divided and inclofed by virtue of this Act, and from any Part, Share, or thereof, unlefs the faid Commiffioners fhall fee good Caufe to prolong the Time for producing fuch Claims, which the faid Commiffioners are hereby impowered to do; and in cafe any Differences or Difputes fhall arife amongft the Parties interefted in the faid intended Divifion and Inclofure, or any of them, touching their refpective Shares and Interefts in the faid Commons and Wafte Grounds, or the refpective Shares or Pro-

portions which they or any of them ought to have of and in the.

faid intended Divifion and Inclofure, or in or about the difcover- Commons and Wafte Grounds, it fhall and may be lawful to and for the faid Commiffioners, and they are hereby authorized and required, by Examination of Witneffes upon Oath (which Oath either of the faid Commiffioners is hereby impowered to ad- minifter) and by other proper and fufficient Evidence, to hear and finally determine the fame, and fuch Determination fhall be bind- ing and conclufive upon all Parties to all Intents and Purpofes whatfoever; but no fuch Determination fhall hinder or prevent

any of the Parties from trying their Rights at Law in refpect to.

any Matter of Title, nor fhall any Trial to be had thereupon in anywile obftruct or hinder the’ Execution’ of the Powers given by this AG, or difturb any Allotment which fhall be made in. purfu- ance thereof,

Provided

ing the feyeral Encroachments heretofore made upon the faid

Not to alter any Turnpike Road.

Claims.

Commiffion- ers to detere mine Diffe- rences.

Page 8

‘No undue Preference ‘to ‘be given.

Watering Places to be fet out,

Allotment for Stone . Pits.

Allotment to the Lord of the Manor.

f 8 J)

- JProvined always, and be it further Enaked and Declarey,

‘That the faid Commiffioners, in making the Allotments; hall have

due Regard as well to the Quality as the Quantity of the {aid Com. mons and Wafte Grounds io to be divided and allotted, and the Situation and Contiguity of the fame to the Dwelling Houtes and

_Eftates of the feveral Proprietors, and that no undue Preference

fhall be given to any of the Parties interefted or concerned in the faid Inclofure.,

And be it further That-the faid Commifficners thall, and they are hereby authorized and required, within Three Ca lendar Months after fuch Survey fhall have been made as afore- faid, to fet out, allot, and award fuch Wells and Springs of Water, or Watering Places, as they fhall think neceffary for the public Ufe of the Inhabitants within the faid Manor, and thall alfo fet out, allot, and award fuch Plot and Plots of the faid Commons and Wafte Grounds as they fhall judge proper (not ex- ceeding in the Whole Two Acres) for public Stone Pits or Quarries, with a convenient Road or Roads to and from the fame, for the getting Materials for the Repairs of the public and private Roads within the faid Manor; and which Pits and Quarries thall be properly fenced in, and the Fences thereof kept in Repair, in fuch Manner as the faid Commiffioners {hall dire&t and award.

be it further Enate by the Authority aforefaid, That the faid Commiffioners fhall, and they are hereby required to

affign, fet out, and allot unto and for the faid Sir ‘ohn Ram/den, his Heirs and Affigns (over and above and exclufive of fuch Shares or Allotments of the faid Commons and Wafte Grounds as fhall in

‘purfuance of this Act be allotted to him and them in heu of the

Tythes of the faid Commons and Wafte Grounds, and of the Old Inclofures, and alfo in lieu of his and their Right of Common) all fuch fmall Parcels of the faid Commons and Grounds as lie adjoining or contiguous to the Town of Huddersfield; (that 1s to fay) on each Side of the Road over A/piey, on the Low Green and on the Back Green, in Huddersfield aforefaid, and alfo on each Side of the feveral Raads leading from the faid Town of Hudderf-

field to the feveral Places hereafter mentioned, that ‘is to fay, to

the Bottom of Greenhead Lane, to Newhoufe, to Dyke End, to the Bottom of Outcoat Bank, and to the Bridge over the Canal in

. Huddersfield Lane; in Confideration of the faid Sir Ramfden's

giving up his Right to the Mines and Quarries in the Allotments which fhall be made to the refpective Freeholders as hereinafter 18 mentioned, and in lieu of and as a full Compenfation for his Rigi

Page 9

[ 9 ]

and Intereft, as Lard of the faid Manor, in and to the Soil of the faid Commons and Wafte Grounds; and that they the {aid Com- miffioners fhall alfo, in the next Place, fet out, allot, and award unto and for the faid Sir ‘Fobn Ramfden, his’ Heirs and Affigns, and the faid ‘fohn Lowe and his Succeflors, Vicars of aforefaid, fo much of the Refidue of the faid Commons and Wafte

Allotments in lieu of Tythes and Chief Rents.

Grounds as fhall, in the Judgment of the faid Commiffioners -

(Quantity, Quality, and Situation confidered) be equal to T'wo full Thirteenth Parts of the Average Value of the faid Commons and Wafte Grounds, and no more, in Lieu of and asa Recompence and full Satisfaction for all their and each of their Great and Small Tythes, arifing, renewing, and increafing, or which could or might hereafter arife or be claimed out of all or any of the Lands

or Grounds intended to be inclofed as aforefaid, and alfo in Lieu of I

and.as a Recompence and full Satisfaction for all Small Tythes, Modufes, Compofitions, and other Ecclefiaftical Payments. (ex- cept Mortuaries, Surplice Fees, and Eafer Offerings, faid. Hoffer Offerings to include Houfe Duty, Hen- penny,. Communicants, and Plough Cuftom, as the fame are now paid within the faid Manor) arifing upon or payable to the Vicar of Huddersfield aforefaid, in ref{peét of any Ancient inclofed Grounds, Tenements, or Hereditaments. within the faid Manor, having Right of Common. upon the faid Commons.and Wafte Grounds; which faid T'wo Thirteenth Parts thall,be divided. and allotted’ by the faid Commiffioners unto and betwixt the faid Sir Yohn Ram/- den and ‘fobn Lowe, in Two or more feveral Allotments, in Pro- portion.to their refpective Rights and Interefts. in and to the faid Great and Small Tythes, Modufes, Compofitions, and other Ecclefiaftical Payments (except as. before excepted)’; and that the faid‘'Commiffioners fhall alfo fet out, allot, and award unto and for the faid Sir ‘fobn Ram/den, his Heirs and Affigns, fuch other Parcels or Quantities of the faid Commons and Wafte Grounds as in. the Judgment of the faid Commiffioners fhall (Quantity, Quality, and Situation confidered) be equal in Value to all Tythes of Corn, Modufes, and Compofitions, and alfo to:all Chief Rents arifing upon or payable in refpeét of any. Ancient inclofed’ Grounds or Tenements. within the {aid Manor, having Right of Common ‘Upon the faid‘Commons and Wafte Grounds, fo far as any Allot- ment or Allotments to be made in refpect of fuch inclofed Grounds will extend or be equal thereto; faid: laft-mentioned Aillot- ment fhall.be ‘in Lieu of’and in full Recompénceand’ Satisfaction for all Great Tythes, Modufes, Compofitions;: andi Chiefi‘Rénts Wwhatfoever, Annually. arifing, or which could or might hereafter arte or be claimed, out: of-or in refpe& of all and every or any of I Cc the

Page 10

“Where Allote ments not fuf- ficient for Ty the, &c. to fix an An- nual Pay- cement.

‘Power to re- cover the :Rents.

qT 1

éthe Old inclofed ‘Lands, Grounds, Tenements, or within the faid Manor, having a Right of Common in or upon the {aid Commons and Waite Grounds, fo ‘far as any Allotment ot Allotments to-be made in refpect of fuch .inclofed ‘Grounds wil extend or be equal thereto.

Ano be-it further nated, That in cafe any of the-Owners or Proprietors of Lands within the faid Manor fhall not be entitled to a fufficient Quantity of the faid Commons and -Wafte Grounds, from which a Compenfation in Land can be made for the faid laft- ‘mentioned Tythes, Modufes, Compofitians, :and Chief Rents, that then the faid Commiflioners fhall and may, and they are ‘hereby authorized and required to-afcertain, :limit, and appoint duch refpective Yearly Rents or Sums.of Money to be paid by fuch Owners or Proprietors to the faid Sir "fabn Ramfden, his Heirs and Affigns, as in the Judgment of the faid Commiffioners {hall be a full Equivalent and Compenfation for :the Whole of his and their Tythes, Modufes, Compofitions, and Chief Rents, iffuing or payable out of or for any Lands, Grounds, or Hereditaments xwithin the faid Manor, .belonging to fuch Owners and Proprietors refpectively ; and the fame .thall be payable to the faid Sir fobs ‘Ramfden, his Heirs and Affigns, by equal Half Yearly Pay- ments,in every Year, :that is.to fay, at Whit funtide and Martinmas, the Firft Payment thereof to be.made on fuch of ithofe Days as fhall firft happen next after the faid Commiffioners fhall have made and executed their faid., Award; which faid Annual Rents or Sums

fhall be paid. clear of all Taxes and Affefiments whatfoever.

Qno be it further Gnafien, ‘That if the-faid Annual Rents. of Sums, fo adjudged, afcertained, and fettled by the faid Commiflion- ers to .be paid.to the faid Sir ohn Ram/den, his Heirs or Affigns as aforefaid, .or any.of them, or any Part or Parts -of fuch Annual Sums, fhall be behind and.unpaid for.the ‘Space.of Twenty Days next after any of the Days hereinbefore appointed for Payment thereof, then and in fuch Cafe, and ‘from Time to Time, and as often:as it hall fo happen, iit fhall and may ‘be lawful to and for the faid.Sir ‘fohn Ram/den, his Heirs or Affigns, to enter inte and upon the f{pecific Part.er Share of the faid Lands, Grounds, and Premifes, out of or from which fuch Annual Rents or Yeat- ly Sums, .or any Part or Parts thereof, fhall .be fo behind and up-

paid, and.to.make Diftrefs or Diftreffes of any Goods, Chattels,

‘or Cattle, being in-or-:upon fuch fpecific Part or Share of fuch Lands, Grounds,.or Premiffes as aforefaid, and the Diftrefs

Diftreffes, from Time.to Time taken, to lead, drive, oF carry i

Page 11

[or]

and impound, or otherwife difpofe thereof according’to Law, for the Recovery of fuch ‘Rent in Arrear, and any former Arrears, and all Cofts and Expences attending fuch Diftrefs or Diftrefies, and all Expences incurred in Relation thereto; and in cafe fuch Diftrefs or Diftreffes thall not be redeemed within Five Days, by Payment of fuch Part or Parts, and Proportion or Proportions ‘of the faid Yearly Rents or Sums as fhall be fo in Arrear, together with the Charges of fuch Diftrefs or Diftreffes, and all the Ex-

pences incident to the taking, keeping, and difpofing of fuch:

Piftrefs or Diftreffes refpectively, then to fell the fame, and out of the Money arifing by fuch Sale‘to retain all the Arrears of the fid Yearly Rents or ‘Sums fhall be then due and unpaid, and ‘the Cofts, Charges, and Expences aforefaid, rendering the Overplus (if any) when demanded, to the Owner or Owners ; and alfo if it fhall happen that the faid Yearly Rents or Sums, ‘or any

Part or Parts thereof, fhall be in Arrear, and unpaid by the Space

of Sixty Days next after either of the Days hereby limited for the and no fufficient Diftrefs fhall be upon the Premiffes, then, and from Time to Time, it fhall be lawful tor the faid Sir Ram/fden, his Heirs and Affigns, into and upon

fuch {pecific Part or Parts of the Lands, Tenements, and Heredi-

tamerits, as fhall.in purfuance of this A&t be fubjec& to, or charg-'

ed with, the Payment of ‘the faid Yearly Rent ‘or Sum which

hall be fo in Arrear and unpaid, or into any Part or Parts thereof,

in the Name of the Whole of fuch fpecific Part or Parts refpec- tivély, to enter, and ‘to take and receive the Rents and Profits thereof to his and their own Ufe, until thereby, or otherwife, all Arrears of fuch Annual Rent or Yearly Sum, or {uch Part or Parts thereof as hall ‘be fo behind and unpaid, or that during fuch Pof- feffion fhall ‘become due, and ail Cofts, Charges, and Expences

attending fuch Entry upon, and Perception of the ‘Rents and

Profits .aforefaid, and all Damages incurred by reafon of the Non-payment thereof, fhall be fully paid, f{atisfied, and dif- charged. I

“Gnd whereas the faid Thomas Thornbill, a8 Proprietor of certain ‘Lands in Deighton, in the Parith of Huddersfield aforefaid, claims 4Right of Stray in refpect of {uch Lands in Deighton, upon a

‘Thomas Thornhill,

Efquire.

certain Common called Sheepridge, Parcel of the Wafte within

the Manor of Huddersfield aforefaid:; Be it That the -faid Commiffioners thal], -in the next Place, aflign, fet out, and -allot, unto the faid Thomas Ebornbill, ta Lieu and. full Satisfaction-of fuch his Right ef Stray, fuch Part and Parcel of ithe faid-Common called Sheepridge, as (Quantity, Quality, and Situation

Page 12

Allotment of the Refidue.

Situation confidered) fhall, in the Judement of the pid Com miffioners, be equal in Value to-the faid Tomas Ri ht of Stray upon the faid Common called Sheepridge, in refpedt of his Lands in Deighton aforefaid.

_ And be it farther natten by the Authority aforefaid, Thy the faid Commiflioners fhall and may, and they are hereby re. quired to fet out, divide, and allot the Refidue of the faid Lands intended to be inclofed, unto, between, and amoneft: the faid Sir John Ramfden, and the reft of the Perfons interefted therein, ing juft and equal Proportion (Quantity, Quality, and Situation cop. fidered) according to their feveral and refpective Rights and Inte.

refts therein, as they the faid Commiffioners fhall in their Judg-

Paddock to Sir Fohn , Ranfden.

“Encroach- sments,

ment think moft juft and equitable, and in. full Recompence and Satisfaction for their feveral and refpedtive Rights and Interefts upon the faid Commons and Wafte Grounds. I I

neverthelefg, That. thé Whole of the-Con- ‘mon called Paddock, except fuch Parts as fhall’ be fet out for

_ ‘Quarries as aforefaid, with all the Buildings by the Te-

nants of the faid Sir Sfobn Ram/den thereon, and upon any other of the faid Commons and Wafte Grounds, {hall be fet out andallot- ted to and for the faid Sir fobu Ram/den, as Part of his Allotment

or Allotments.

JPronided alfo;, and. be it: by the Authority aforefaid, ‘That.all Encroachments which have been made upon the faid Commons and Wafte Grounds, within the Space of Years before the pafitng.of this A&, except the Grounds taken in and appropriated refpectively to the Ufe of the Poorhoufe or Workhoute, and the Quaker’s Meeting Houfe, in Huddersfeld aforefaid, and the School in Fartown, in aforelaid, fhall be confidered as Part of the Lands to be divided and allotted, and fhall be furveyed’ and meafured as Part of the Lands to be divided and allotted by virtue of this AG, but that the fame fhall be valued as in their original uncultivated’ State, and without .confidering the Improvements made in or upon the fame.

neverthelefs, That all fuch Encroachments thall be

confidered as the Share, or Part of the Share or. Allotment to be.

made to the Perfon or Perfons who. hall then be in Poffeflion

thereof, and fhall be allotted to and accepted by fuch Perfon and

Perfons as the Share, or Part of the Share or Allotment to be

ta:‘him, er them refpeCtively, provided. fuch.

Page 13

[ 13 ]

fhall not exceed the Share or Proportion to which fuch Perfon or Perfons refpectively fhall be entitled,

Provided alfo, and be it further by the Authority aforefaid, That nothing in this A& contained thall impower the faid Commiffioners to fet out. or allot any Part or Parts of the faid Commons and Wafte Grounds to any Perfon or Perfons for or in refpect of any Meffuages, Cottages, or Buildings, within the faid Manor, fave only in refpect of the Soil on which fuch Mef- fuages, Cottages, or Buildings do ftand.

Gnd be it further Enaked, That the feveral Lands and Grounds to be divided, fet out, and allotted as aforefaid, thall be, and are hereby vefted in the feveral Perfons to or for whom the fame fhall be fo fet out and allotted, and fhall be accepted by them, their Heirs, Succeffors, Executors, Adminiftrators, and Affigns, refpectively, in full Bar and Satisfaction for the refpective Proper- ~ tiesand Interefts in the faid Commons and Wafte Grounds which he, the, or they had before the paffing of this AG, or immediately before the faid Allotments were made; and that from and imme- diately after the making of the faid Allotments, and the Execution of the Award of the faid Commiffioners, or at fuch other Time as they thall by any Writing under their Hands for that Purpofe direct and appoint, all Rights of Common in and upon the faid Commons and Wafte Grounds, and alfo all Right of Tythes, Chief Rents, and other Rights, for which any Allotment or Compenfation hall have been made by virtue of this Aét, fhall ceafe, determine, and be for ever extinguifhed ; and that each and every of the faid Owners or Proprietors, to whom any Allotment or Allotments thall be made, his, her, and their Heirs, Succeffors, Executors, Adminiftrators, and Affigns, refpedtively, (hall have the like Eftates and Interefts in fuch his, her, and their Allotment and Allot- ments, as he, fhe, or they refpectively hath or have in the Com- mon Right, Lands, Grounds, and Property; for or in refpect whereof fuch Allotments fhall be refpeCtively made, and {hall hold and enjoy the fame accordingly, without any Claim, Inter- Tuption, or Difturbance of or by any other of the Owners or Perfons interefted in the faid Lands and Grounds fo directed to be divided and inclofed, or any Part or Parts thereof. :

Gnd be it further naftep, That the feveral Allotments to be fet out and allotted to the faid Sir ¥obn Ram/den and Yohn Lowe refpectively, in lieu of their refpective Tythes, Modufes, Com- politions, and Chief Rents, fhall be re{pectively Ring-fenced at the

fole Expence of the faid Sir ‘fohn Ram/fden, his Heirs, Executors, I - D Admminiftrators

No Alfot. ments for

Houfes.

Allotments to be binding.

Right of Common . and Tythes to ceale,

Allotments in lieu of Tythes to be fenced by Sir Fobn Ram/- den.

Page 14

Fencing other —

Allotments.

‘Openings to be left in the Fences for

rom]

Adminiftrators, or Affigns, the Ring-fencing of which faid Alot. ments fhall be made and done by the Direétion of. the faid-Com. miffioners, and fhall for ever thereafter be repaired by the faid Sir Yohn Ramfden and Lowe refpectively, their refpedive Heirs, Affigns, and Succeffors, in fuch Manner and in fuch Pro.

portions as the faid’Commiffioners fhall in their Award order and direct. I I

And be it further Enaed, That the faid Commiffioners shall, and they are hereby impowered to make fuch Orders, and Regulations in their Award, or by any Writing under their Hands previous thereto, re{pecting the fencing and inclofing of the faid Commons and Wafte Grounds, or any Part thereof,

as they fhall in their Judgment think moft proper; and in cafe

any Perfon or Perfons, to whom any Lands or Grounds by virtue

of. this Act fhall be allotted, fhall negleét or refufe to obey fuch

Orders, Direétions, or Regulations, then, and in every fuch Cafe, the faid Commiffioners are hereby impowered to enter into and upon, and to let or fet to any Perfon or Perfons whomfoever, fuch Lands and Grounds, and to do or perform fuch Orders, Directions, and Regulations concerning the. fame, as by their Award, or by any fuch Writing, fhall be directed.to be done and performed, and to hold and enjoy the faid Premiffes, until the faid Commiffioners fhall, out of the Rents and Profits thereof, have raifed and paid to themfelves fo much Money as fhall be ex- pended in and about the doing and performing fuch Orders, Di- rections, and Regulations, as a reafonable Allowance for their Trouble, and all Charges attending the fame.

Provided always, and be it further Enaked, That convenient Openings fhall be left in the faid Fences and Inclofures, for the

Six Months, Pace of Six Calendar Months next enfuing the Execution of the faid Award or Inftrument, for the Pafflage of Cattle, Carts, and Carriages through the fame, unlefs the Parties interefted fhall agree that the fame fhall be fooner made up and inclofed. Allotments Gnd be it further Enakev, That the faid Commifiioners thall to Truitees

for the Poor,

and may fet out and allot unto and for ‘fuch Perfon and Perfons refpectively, who at the Time of the Divifion and Inclofure to be made in purfuance of this Act fhall be feifed of any Land of Ground, having Common Right in the faid Commons:and Watte Grounds, in Right of or in Truft for the Poor of aforefaid, or for any other public Ufe, fuch Parcel or Parcels o

the faid Commons and Wafte Grounds as fhall in the ef the faid Commiffioners be a juft and. reafonable Proportion or

Proportions

Page 15

{ 1 ]

Proportions for the Right or‘Intereft of fuch Perfon or Perfons, aftera Deduction of fo much as fhall in the Judgment of the faid Commiffioners be equal in Value to his or their refpective Proportion of the Expence of fencing his or their Allotment or Allotments re{pectively, and of the Charges and Expences of furveying, divid- ing, and allotting the Lands hereby intended to be inclofed, and of preparing and enrolling the faid Award or Inftrument, and of all fuch other Expences as are hereinafter to be paid and borne by the reft of the Owners or Proprietors of Lands having Right of Common upon the faid Commons and Wafte Grounds 3; and fuch Lands fo deducted, thall be divided amongft the faid Owners or Proprietors who are charged with fuch Expences as aforefaid.

Gnd be it further by the Authority aforefaid, That it vicar of fhall and may be lawful to and for the faid Jobn Lowe, Vicar of Huddersfield, the Parifh Church of Huddersfield aforefaid, and his Succeffors (by he Peer and with the Confent and Approbation of the Lord Archbifhop of may grant York for the Time being) and alfo to and for the refpective Truftee beats and Truftees for the Poor of Huddersfield aforefaid, or for any other public Ufe or Charity, to grant a Leafe or Leafes to any Perfon or Perfons of the Lands and Grounds to be allotted to them re- fpectively as aforefaid by virtue of this A@, and alfo of their refpective Old inclofed Lands, or of any Part or Parts thereof, for any Term or Number of Years not exceeding Twenty-one Years, in Poffeffion 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 whattoever, fhall be had, paid, or taken on Account thereof, and fo as every fuch Leafe {hall commence within Six Calendar Months next after the making of fuch Leafe, and fo as: the Rent or Rents thereby referved {hall be made payable Half Yearly to the faid Vicar and his Succeflors, and to the faid Truflee or Truftees, his or their Heirs and Affigns, and fo as the Leffee or Leffees in fuch Leafe or Leafes be not exempted from or made difpunithable for Watte, 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 foas {uch Leffee or Leflees do execute a Counterpart or Counter- parts of fuch Leafe or Leafes ; and all fuch Leafes fhall be good, valid, and effectual in the Law, to all Intents and Purpofes, any Law, Ufage, or Cuftom to the contrary notwithftanding.

Gnd be it further That for the more convenient Situ- Exchanges, ation and Difpofition of the feveral Farms, Lands, and of the feveral Proprietors of Eftates within the faid Manor, upon the faid intended Divifion and Inclofure, it thall and may be lawful to I and,

Page 16

[. 16 ]

and for all or any of the faid Proprietors or Owners his ‘her, and their Guardians, Hufbands, Trutftees, Committees, Attornies, or Agents refpectively, and alfo the Truftees for ane ‘Charitable Ufe or Purpofe, or any Tenant in Tail, or for Life of Lives, to exchange all or any of his, her, or their Meffuages, Cotta ges, Buildings, Tenements, Old or New Inclofures, Lands, Grounds Hereditaments, or Eftates within the {aid Manor, for any other Mef. fuages, Cottages, Buildings, Tenements, Old or New Inclosureg, Lands, Grounds, Hereditaments, or Eftates within the {aid Manor, or in any adjoining Manor or Township, fo as all fuch Exchanges be made by and with the Confent and Approbation of the faid Com. miffioners, and be afcertained and declared in their Award, or fome A& or Inftrument under their Hands and Seals, to be enrolled where the faid Award is hereinafter dire@ed to be enrolled ; and all fo to be'made fhall be good, valid, and effectual in the Law, to.all Intents and Purpofes whatfoever, notwithftanding any legal.or natural Incapacity of any Proprietor or Owner refpettively making any fuch Exchange.

Former Exe And whereag feveral Exchanges have been already made of changes certain Lands or Eftates within the faid Manor, and it may be's confirmed. Satisfaction to the Perfons who have made, or are now interefted in fuch Exchanges, to have the fame ratified and confirmed by thi' A&; Be it therefore further Enated, That all Exchanges already made of any Lands or Eftates within the faid Manor for any other Lands or Eftates within the fame Manor, or any adjoining Manor or Townfhip, by any Perfon or Perfons whomf{oever, Bo- dies Politic or Corporate, or Truftees for any Charity, and which fhall be-approved of by the faid Commiffioners, and afcertained or fpecified in their faid Award, fhall be, and are hereby ratified and confirmed, and the fame fhall be good, valid, and effectual in NoExchange the Law, to all Intents and Purpofes, notwithftanding any legal -ofany -or Incapacity of any Proprietor or Owner having made. “rage Etates any fuch Exchanges as aforefaid: Provided neverthelefs, that no or confirmed .Exchange fhall by virtue of this Aét be made or confirmed of any “without Con- Lands or other Eftates held in Right of the Church of Huddersfeld Archbithop aforefaid, without the Confent and Approbation of the Arche

of York. :bifhop of York, by Writing under his Hand and Seal.

Eftates ex- Provided dltvaps, and be it further Gnatted, That the Mel-

changed to ce ne ‘ be fubjeditto fuages, Cottages, Buildings, Lands, Tenements, and Heredita-

- fame Ufes, ments, fo.exchanged or to be exchanged as aforefaid, fhall be fub- aes ject to thefame Ufes, Wills, Settlements, Leafes, and other In- cumbrances, as the Premiffes for which they have been or fhall be fo exchanged was: or were {ubje@ or liable to immediately be- fare fuch Exchanges. ~ I and

Page 17

[ 39 J.

Gnv fe it further €nakted; That all and every Leafe and Leafés, Leates at

for any Term not exceeding Twenty-one Years, fub(iftin gat Rack, Ra:k Rent improved, or extended Rent, of all or any Part of the faid Lands '

and Grounds hereby intended to be inclofed, or of any Meffuages, Lands, Tenements, or Hereditaments, to be exchanged as afore- faid, and of all Right of Common in and upon the fame, and all other Agreements for any Time or Term, at Rack, improv- ed, or extended Rent, thall,; upon fach Day as the faid Commif- fioners fhall by their faid Award dire@& and appoint, ceafe and be void, the refpective Perfons who ‘have granted or made any . fuch Leafes or Agreements making fuch reafonable Satif- faction for the fame to fuch Leffee or Leflees, Tenant or Te-

nants, when required, as the {aid Commiffioners fhall dire&t and - appoint,

be it further That as foon as conveniently may Award, be, after the faid Divifion and Allotment fhall have been com- pleted and finifhed, the faid Commiffioners fhall form and draw up, or caufe to be formed and drawn up, an Award or Inftru- ment in Writing, which fhall exprefs the Quantity, in Statute Meafure, of Acres, Roods, and Perches, contained in the faid Commons and Wafte Grounds fo intended to be inclofed, and the Quantity of each and every Part and Parcel. thereof which I fhall be affigned and allotted to each of the Parties entitled to and interefted therein, with a Defcription of the Situation, Buttals, _ and Boundaries of the re{pective Allotments, and fhall alfo con- tain proper Orders and Directions for fencing, mounding, and ditching the faid Allotments, and’ for keeping. the faid Fences, Mounds, and Ditches in Repair, and for making and laying out proper Roads, Ways, Cuts, Drains, and Paflages in and through the fame Premiffes, and fhall alfo contain and exprefs fuch other. Orders, Regulations, and Determinations, as fhall by the faid Commiffioners be thought proper and neceffary to be inferted therein, conformable to the Tenor and Purport of this AG; of which faid Award or Inftrument Two Parts fhall be fairly in~ or written on Parchment, and figned and fealed by the faid Commiffioners ; and one Part thereof (hall be depofited in the Cheft or Box wherein the Papers belonging to the Townfhip of Huddersfield are ufually kept, for the Infpe@tion and Perufal of the fevera] Proprietors interefted in the. faid Inclofure; and the other Part thereof fhall, within Six Calendar Months next af- ter the fame fhall be fo fealed, be enrolled in the Regifter Officekept at Wakefield, in and for the Weft Riding of the County of York; and the Regifter of the faid Office, or his-Deputy, is hereby required to enroll the fame accordingly; and each Part E

Page 18

[ 28 ]

of the faid Award or. Inftrument, or a true Copy of the Part fo enrolled, certified under the Hand of the faid Regifter, or his Deputy, fhall from Time to Time, and at all Times thereafter be admitted and allowed in all Courts whatfoever as legal vi. dence; and the faid Award or Inftrument, after the Enrolling ag aforefaid, fhall be lodged or depofited in the Hands of the Lord of the Manor of Huddersfield aforefaid for the Time being; which Award or Inftrument, when executed and enrolled in Manne aforefaid, fhall be binding and conclufive upon all the Parties in. terefted in the faid Inclofure.

Allotmentsto And be it further Enatted, That all and every Perfon and Pep. be accepted fons entitled to any Allotment or Allotments upon the {aid Divi. fion and Inclofure fhall, and they are hereby required to accept ’ the fame, within the Space of Six Calendar Months next after the Execution of the faid Award or Inftrument by the faid Com miffioners, and public Notice thereof given in the Parith Church ot Huddersfield aforefaid, on a Sunday immediately after Diving Service, or affixed on the Door of the faid Church for that Pur. pole, figned by the faid Commiffioners, and alfo publithed im One of the Leeds News-papers for Three Weeks; and in cafe any Per fon or Pertons fhall negle& or refufe to accept his, her, or their Share or Allotment within the Time aforefaid, fuch Perfon ot Perfons, fo neglecting or refufing, hall be, and is and are hereby totally excluded from having or receiving any Eftate or Intereft, Penefit, or Right of Common whatfoever, in any of the Lands I and Grounds affigned or allotted to any other Perfon or Perfons by virtue of this Act.

‘Guardians, altwaps, That all Guardians, or Perfons acting a Guardians, and all Hufbands, Truftees, Committees, or Attor- nies of any Perfon or Perfons being Minors, or otherwife ince pable by Law to accept their Allotments, fhall be, and are here- hy enabled and required to accept thereof, to the Ufe of the Per- fon or Perfons fo incapacitated as aforefaid ; and alfo that any Per. fon.or Perfons entitled:to. any Allotment or Allotments, as Tenant or Tenants for Life or Lives, or for Years, determinable on One er more Life or Lives, fhall be, and is and are hereby refpective- ly enabled and required to take and.accept of fuch Allotmentor Allotments ; and alfo that any Perfon or Perfons entitled'to any Jotment or Allotments in Remainder or Expectancy, upon any prece- dent particular Eftate, upon Negleé& or Refufal for the Space afore- faid of any Tenant or Tenants in Poffeffion, or any Perfon ent ito fuch precedent particular Eftate, thall be, and is and.are hereby

Page 19

[ 19 ]

enabled to accept of any fuch Allotment or Allotments, in lieu and inftead of any fuch Tenant or Perfon fo entitled and neglecting or refufing as aforefaid; and every fuch Acceptance refpectively fhall be, and is hereby declared to be valid and effectual in the Law, to all Intents and Purpofes whatfoever ; but the Non-claim or Non-

acceptance of any Guardian, Hufband, Trutftec, Committee, or Attorney, fhall not exclude or prejudice the Claim or Acceptance’

of any Infant, Lunatic, Feme Covert, or other Perfon or Perfons under Difability or Incapacity as aforefaid, who fhall claim or ac- cept within One Year after fuch Difability or Incapacity hall be removed, or of any Perfon or Perfons entitled as Heir, or in Re~ mainder, 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 to have accrued, upon

paying the Expences to be charged upon the fame as herein is mentioned. :

Gnv be it further €natten, That it thall and may be lawful to and for any of the faid Proprietors, after their Allotments thall be ftaked out, at any Time before the faid Commiffioners thall have executed their Award, by and with the Confent in Writin under the Hands of the faid Commiffioners, 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 Commiffioners fhall think proper; and in cafe fach Ditching, Walling, Quicking, or Fencing fhall be wilfully damaged or or any Crops that fhall or may be growing on fuch Allotments anywife injured, the Perfon doing fuch Injury hall be deemed a Trefpaffer, and be liable to anfwer Damages in tefpect thereof, in like Manner as Damages are recoverable in

nitions of Trefpafs by the Laws now in being for Enjuries done to and, I

Gnd be it further nated, That if any Perfon or Perfons thall gtaze or keep any Sort of Cattle, Sheep, Pigs, or Lambs, in any ‘of the Roads or Ways to be made and fet out as aforefaid, within the Space of Twenty-one Years next after the Execution of

Pinder for the Time being of or for any Place where the fame (hall fo happen re{pectively, and he is hereby required to impound the fame, and to demand the Sum of One Shilling, and no

more, before fuch Cattle, Sheep, Pigs, or Lambs {hall be teleafed, rr : I

ano

€ faid Award or Inftrument, it thall and may be lawful for the

Non-claim not to prejus _

.dice Intants,

&Ce

Fences may be made bee fore the Exee

cution of the Award,

\

For preferv- ing Quickfets,.

Page 20

‘Sheep be kept in the New Inclo- ‘fures for ‘Fifteen Years,

Expences of the A&.

[ 2 ]

Ano be it further Enaked, That no Sheep or Lambs thall he kept in any of the New Inclofures during the Space of Fifteen 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 Lambe fhall be kept, fo as to prevent any Damage being done to fuch Quickfets by fuch Sheep or Lambs. :

And be it further Enaked, That all the Cofts, Charges, and Expences, in and about the preparing, foliciting, and obtaining this and of fencing the feveral Allotments in lieu of Tythes and Chief Rents, fhall be paid by the faid Sir Yohn Ram/den, and that all other Charges and Expences of furveying, mapping, divid- ing, 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 enrolling fuch Award and Duplicate as

hereinbefore mentioned, and all other incidental Charges and Expeaces whatfoever, for or by reafon of the faid intended Divi- fion and Inclofure, and the hearing and determining any‘Claims

in relation to the Premifes, and of making the Fences ’to the

Lands to be allotted to the Truftee or Truftees for the Poor of Huddersfield aforefaid, or to any Perfon or Perfons feifed of any Land, Ground, or, Common Right in and upon the faid Com. inons and Waite Grounds, in Right of or in Truft for any other

public Ufe or Charity as aforefaid, and other neceflary Expences of the feveral Perfons to be employed by the fhid Commiffioners,

either before or after the executing of their faid Award, and the

carrying this Act into Execution, fhall be paid, borne, and de-

frayed by the Owners and Proprietors of, and Perfons interefted in, the faid Lands and Grounds fo intended to be inclofed (other than

-cand except the Vicar of the faid Parifh Church, and the Perfon or

Perfons feifed of any Land, Ground, or Common Right in and

upon the faid Commons and Waite Grounds, in Right of or in

‘Truft for the Poor of Huddersfield aforefaid, or for any other pub-

- lic Ufe or Charity) in fuch Proportion and Proportions, and at

fuch Time and Times, as the faid Commiffioners fhall, either before or after the executing of their faid Award, order and direct, bya Notice or Notices in Writing, under their Hands, to be affixed ‘on the Church Door .of Huddersfield aforefaid, at leaft Twenty-one Days before the Time of fuch Payment; and in cafe any of the Perfons aforefaid thall refufe -er negle& to pay his, her, of their Share or Shares, P roportion or Proportions of fuch Charges and or the Expences and Charges of inclofing, hedgings

malling, ditching, and fencing their refpective ei

Page 21

{[ 21 j

aforefaid, within the Time or Times to be limited by the faid Commiffioners, to fuch Perfon or Perfons as they thall appoint to receive the fame, then the faid Commiffioners fhall and may, by Warrant under their Hands and Seals, to any Perfon whomfoever, caufe the fame to be levied by Diftrefs and Sale of the Goods and Chattels of the Perfon or Perfons {0 negleting or refufing to pay the fame, rendering the Overplus (if any) to the Owner or Owners of fuch Goods and Chattels, after deducting the Cofts and Charges of taking or making fuch Diftre(s or Diftreffes, and felling the fame ; or otherwife it fhall and may be lawful to and for the faid Commiffioners, or any Perfon or Perfons to be au- thorized 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 un- til thereby or therewith the faid Share or Shares, Proportion or Proportions of the faid Cofts, Charges, and Expences, fo to be directed, awarded, and appointed by the {aid Commiffioners 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 Pre- miffes, fhall re{pectively be fully paid and fatisfied.

Provived neverthelets, and be it further Enattev, That no- thing 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 having or claiming any Jointure, Dower, Portion, Reverfion, Service, Debt, Charge, or Incumbrance 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 Act, or any Part thereof re{pectively, but

Wills, Deeds, or Settle- ments, not to

be prejudiced,

that.the feveral Lands and Grounds {0 to be affigned and allotted, ©

upon fuch Divifion and Inclofure, to the feveral Parties concerned, ‘or their Truftees, or which fhall be taken in Exchange purfuant to this Act, thall, immediately after fuch Allotments or Exchanges be made, be, remain, and enure; and the feveral Perfons to whom the fame fhall be affigned and allotted, or given or con- firmed in Exchange as aforefaid, fhall from thenceforth ftand and be feifed thereof, to and for fuch and the fame Ufes and Eftates, and fubjeét to fuch and the fame Wills, Settlements, Limitations, Remainders, Charges, and Incambrances, as the faid feveral Lands, Grounds, Tenements, and Hereditaments, in lieu or in refpect whereof fuch Allotments and Exchanges fhall be made or con- firmed as aforefaid, now are, or fhould or would have been fub- ject and liable to be charged with or affected by, in cafe the fame F

Page 22

{ 22 j ‘had remained uninclofed and unexchanged, or this had not ‘been made. ‘For burrow- And whereas fome Perfons interefted in the Lands and Grounds ing ‘hereby intended to be divided and inclofed may have Occafion to borrow Money for ‘the Purpofes of this A&, Be it therefore nated by the Authority aforefaid, That it hall and may be ‘awful to and for all or any of the Owners and Proprietors of the Lands and Grounds.intended to be inclofed as .aforefaid, and toand ‘for the Hufbands, Guardians, Truftees, or Committees of any of the faid Owners .or Proprietors, being under CoverturegMinors, Idiots, Lunatics, or beyond the Seas, or being under ‘any--Dife ability whatfoever, and alfo to and for any of the faid Owners or Proprietors, being Tenants in Tail, or for Life only, or for Years determinable.on One or more Life or Lives, or pofleffed of any greater Eitateg(other than and except the Vicar of the {aid Parith Church) or for the faid Commiffioners, in cafe the {uid Proprie- tors or Perfons interefted fhall refufe or negle&t, by Writing un der their Hands and Seals, from Time.to Time to charge the Lands and Grounds, which {hall be affigned and allotted to them as'afore- faid, with any Sum or Sums of Money for the Purpofe before mentioned, not exceeding Forty Shillings for each Acre; and for iecuring the Re-payment therecf, with Intereft,.to grant, mort- gage, leafe, or demife, or otherwife fubjeét the Lands and Grounds io to be affigned and allotted, or any Part or Parts thereof, unte fuch Perfon and Perfons as fhall advance and lend the fame refpec- tively, and their refpective Heirs, Executors, Adminif- trators, or Affigns, for any Term or Number of Years, fo as fuch Grant, Mortgage, Leafe, or Demife be made with a Provifo cr Condition to.ceafe and be void, or with exprefs Truft to be _ furrendered, when {uch Sum or Sums of Money thereby to be fecured, with the Intereft thereof, fhall be fully paid and datisfied, Intereft to be and fo as in every fuch Grant, Mortgage, Leate, or Demife, to be _Keptdown, ade by any Tenantin Tail or for Life, or for Years determinableon One or more Life or Lives, there be contained a Covenant to pay and keep down the Intereft of the faid Money to be thezeby refpec- tively fecured during his, her, or their refpedctive L\¥e or Lives, fo as that no Perfon afterwards, becoming poffeffed of fach Lands and Grounds, fhall be liable to pay any further or larger Arrear of Intereft, than for One Year preceding the Time that the Title to fuch Poffeffion fhall have commenced; and every fuch Grant, ’ Mortgage, 'Leafe, or Demife of the faid Lands, Grounds, or P wid mifes, fo to‘be made as aforefaid, fhall be good, valid, and effects

in the Law, for the Purpofe thereby intended, notwithftanding te

Page 23

[ 23 ] Want of Title in the faid Hufbands, Guardians, ‘Truftées, of Coth- mittees, or in the faid Tenants in Tail, or for Life only, or for Years determinable on One or more Life or Lives, or other Per- fons fo mortgaging, or in the faid Commiffioners, and notwith- ftanding any Settlement, Will, Truft, Ufe, Remainder, or Limi- tation, or other Impediment or Incumbrance to the contrary in I anywife: Provided always, that the Money fo to be borrowed as Csmmiffion, aforefaid, fhall be under the Controul, Management, and Direétion &'s t9,diret of the faid Commiffioners, and fhall be paid to fuch Perfon or ne A pplicae Perfons, and applied for the Purpofes before mentioned, in fuch . Money. Manner as the faid Commiffioners fhall dire¢t and appoint.

oP it further Enacted by the Authority aforefaid, That the Commiffion-. faid Commiffioners fhall, and they are hereby required, from "e's 8 #¢- Time to Time, to enter into a Book, to be provided for that Pur- count pofe, an Account of all Monies received of and from the {everal Owners and Proprietors of the faid Commons and Wafte Grounds fo intended to be divided and inclofed, and alfo of all the Charges, - Expences, and Difburfements, which accrue or be made by, them, or any of them, by virtue of this AG, and in carrying the, fame into Execution ; which Book, with the proper Vouchers, they fhall produce to the faid Proprietors, or any Two of them, when required, and leave a Copy or Copies thereof, when re-: quired by any Three or more of the faid Freeholders, in the {aid Town’s Cheft of Huddersfield aforefaid, for the Purpofe of being infpected or perufed by any of the Freeholders for the Time being of the faid Manor. I

Gnd be it further Enaken by the Authority aforefaid, That the Proprietors I faid Proprietors fhall pay their own Expences.when they attend to pay their

the faid Commiffioners at any of their Meetings to be had for put~ pences. ting this ACt in Execution.

Gnd be it further nated by the Authority aforefaid, That the Notice of faid Commiffioners fhall, and they are hereby required’ to give or caufe tobe given public Notice, by Advertifement in one of the Leeds News-papers for One Week, and on fome Sunday upon the'Church Door of Huddersfield aforefaid, of the Time and Place of their Firft and every fubfequent Meeting refpectively for the Execution of this A@, at leaft Ten Days before every fuch Meeting fhall be held (Meetings by Adjournment only excepted) ; and either of the faid Commiffioners, in Default of both meeting purfuant to fuch No- tice as aforefaid, fhall and may. adjourn fuch Meeting from to Time, and to fuch Place as he fhall think proper, without giving any other Notice thereof. G . anv

Page 24

Appeal.

[ 24 ]

And be-it further Enaked, That if any Perfon or Perfons think him, her, or themfelves aggrieved by any Thing done ip: purfuance of this AG (other than and except fuch Ordejs and Determinations of the faid Commiffioners, or Umpire, as are here. in before declared to be final and conclufive) then, -and in every fach Cafe, he, the, or they may appeal to any Quarter Seffigns o the Peace which. fhall be held for the Weft Riding of the Chang I York, within Six Calendar Months next after the Caufe gf.

- Complaint fhall have arifen; and the Juftices in the faid Quarter:

Saving of Rights to the Lord of the Manor.

Seffions are hereby authorized and required to hear and determine the Matter of every fuch Appeal, and to make fuch Order and award fuch Cofts and Damages, as to them in their Difcretion fhall feem juft and reafonable, and 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, shall by their Warrant levy the Cofts and Damages which fhall be f 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 fhall be final and.con- clufive to all Parties concerned, and fhall not be removed or reé moveable by Certirari, or any other Writ or Procefs whatfoevery into any of His Majefty’s Courts of Record at We/minfter, or elfes where.

Provided always, and be it further Enatted, That this Ad fhall not prejudice the Rights of the Lord of the faid Manor, ot

_ Of any future Lord or Lords of the faid Manor, in or to the

‘ Seigniories, Royalties, Rights, and Services incident and belonging

to fuch Manor, but that fuch Lord or Lords for the Time being, and all Perfons claiming:or to claim under or in Truft for him or them as Lord or Lords of the faid Manor, hall at all Times here-, after hold and enjoy all Rents, Services, Rights, Royalties, Courts, Perquifites and Profits of Courts, and all other Royalties, Privi- leges, and Jurifdictions to the faid Manor, or to the Lord of Lords thereof belonging, 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 en-

I joyed the fame in cafe this AG@ had not been made.

Mines to be- long to the Proprietors.

Proviven always, and be it further by the aforefaid, That the Quarries, Mines, and Minerals, in of a

Page 25

[ 25 J]

any of the Allotments to be made in purfuance of this A& (except the Mines and Quarries. in or under fuch Part of the faid Lands and Grounds as fhall be fet out, allotted, and appointed for public Roads) thall belong to, and they are hereby declared to be the fole

Property of the refpective Perfons to whom fuch Allotments fhall be refpectively made.

Provided alfo, anv be it further Enaited, That the Quarries, Mines in the Mines, and other Minerals, in or under the Lands and Grounds a which fhall be fo fet out or allotted to the faid Sir ‘fobn Rainfden, at his Heirs and Affigns, fhall not be valued by the faid Commif- to be confi- fioners, nor fhall any Diminution for or in refpect of fuch Mines cae in vatu~ and Quarries be made in the Extent or Valueof the Allotments to ments.

be made to the faid Sir Sfohx Ram/den, his Heirs or Affigns, in pur- fuance of this Act.

Saving always to the KING’s Moft Excellent Majesty, General His Heirs and Succeffors, and to all and every other Perfon Saving. -and Perfons, Bodies Politic or Corporate, his, her, and .« ‘their Heirs, Succeflors, Executors, and Adminiftrators (other than thofe meant ‘and intended to be barred by this Ad) all {uch Eftate and Intereft as they, every, or any of them had and enjoyed, of, in, to, or in refpe& of the faid Commons and Watte Grounds, before the pafing of this Act, 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, Executors, Adminiftrators, or Succeffors, fhall have Power to difturb any of the Allotments to be made in purfuance of this Act, but fhall accept the refpective Allotments - which fhall be made in lieu of their Common Rights or other In- terefts, which he, fhe, or they would have been entitled to in cafe this Act had not been made.

Gnd be it further natten, That this Act fhall be deemed and pypic aa. taken to be a Public ‘Act, and thall be judicially taken Noticeof as fuch by all Judges; Juftices, and other Perfons whomfoever,

without {pecially pleading the fame.


Return to the Huddersfield Exposed home page