North Crossland Enclosure Act of 1798

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AF

OSS WY

AN

A T

FOR

Dividing, Allotting, and Inclofing the feveral Com- mons, Moors, and Wafte Grounds, within the

Manor of North Crofsland, in the Parith of Al-

mondbury, in the Weft Riding of the County of Tork.

nee ) ER EAS there are within the Manor of North Preamble. ‘i

a Crofsland, in the Parith of Almondbury, in the Weft = cu Riding of the County of feveral Commons,

ca Oa Moors, and Wafte Grounds, containing in the whole Two Thoufand Acres, or thereabouts :

Und tohgreas Kaye, Efquire, is Lord of the Manor of North Crofsland, and Owner of the Soil of the fai Moors, and Wafte Grounds, Manor:

d Commons, as Parcel of or belonging to the fame

Gnd the faid Yobn Kaye, Sir ohn Ram/den, Baronet, and feveral other Perfons,. being Owners and Proprietors of Mef- fuages, Tenements, Lands, and Hereditaments, within the faid

Manor, and in refpeé thereof entitled to Right of Common on the faid Commons, Moors, and Wafte Grounds :

A I ana

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* Commiflion- ‘vere,

‘ Chafing new

Commiffione .

rs.

[2 ]

Snv whereag the faid Commons, Moors, and Watte Grounds within the faid Manor of North Crofsland, in their prefent Situ- ation are incapable of any confiderable Improvement, but if the

fame were divided, and {pecific Parts and ‘Shares thereof allotted to

and amoneft the. faid Proprietors in Severalty, in lieu of their re- {fpective Rights, Eftates, and Interefts therein, and fuch Allot-

ments inclofed, great Advantage would arife to all the Parties .coacerned: .But in as much as fuch Divifion and Inclofure . cannot be effected without the Aid and Authority of Parliament;

May it therefore pleafle Your MAJESTY, Thatit may be EnaGed; And he it. Enatted by the KING’s Mof

“Excellent Majzsvy, by and with the Advice and Confent of: the

Lords Spiritual and Temporal, and Commons, in this prefent Par- liament affembled, and by the Authority of the fame, That Wilham Newton, of Stackwood Hill, in the faid.County of York, Gentleman, and fonathan Teal, of Leeds, in the faid County of York, Surveyor, and their Succeffors, to be. eleted as hereinafter mentioned, thall

be, and are hereby appointed Commiflioners for fetting out, divid- ing, and allotting the faid Commons, Moors, and Waite Grounds, and for putting this A@ into Execueion, fubject to the Rules,

Orders, and Directions hereinafter mentioned ; and that cach of the faid Commiffioners fhall 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 Attendance which they {hall retpeGtively and neceffarily take or give in the Execution of the Powers by this vefted in them.

Gnd be it further. Enasey, That if either or both of the Commiffioners hereinbefore named, or any Commiffioner or Commiflioners: to be appointed by virtue of.this At, fhall,

before the “Execution of the Powers and Authorities in them

repofed, die, refufe, or become incapable to act, then and in fuch Cafe it fhall be lawful for fach of the Proprietors as are

-affefled to the Land Tax, or the major Part of them in Value, aflembled at a Meeting as hereinafter mentioned, from Time to

Time, upon fuch Death, Refufal, or Incapacity of fach Com-

-miffioner or Commiffioners:to aét, as foon after as conveniently

‘may be (and before any other Bufinefs is proceeded upon in the

“Execution .of.this'‘A@ by the other Commiffioner, in cafe of the

Death, Refufal, ‘or.Incapacity of One Commiflioner only) by

under their: Hands to nominate and appoint One other

Com-

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Cornmiffioner, not interefted in the faid intended Inclofure, in the Stead and Place of each Commiffioner fo dying, refufing, or becoming incapable to at as aforefaid; and every fuch Com- amifironer fo to be appointed fhall have the like Powers and Authorities, by virtue of this A@, as the Commiffioner in whofe Place he fhall fucceed was invefted with ; provided that Notice be given, in the Parith Church of Amondbury aforefaid, on fome Sunday immediately after Divine Service, by any One or more of the faid Proprietors, of the Time and Place of Meeting to choofe

or appoint every fuch new Commiffioner, at leaft Ten Days before every fuch Meeting.

Gnd be it further Enaked, That in cafe the faid Commif- fioners fliall at any Time, in the Execution of the Powers hereby repofed in them, differ in Opinion any Thing to. be done in confequence of this AG, then, and in fuch Cafe, it thall be lawful for the faid Commiflioners, and they are hereby re- quired, from Time.to Time, as often as Occafion require, to nominate fome proper Perfon (not interefted in the faid Divifion and. Inclofure) to. be an Umpire between them; and the Determination of either of the faid Commiffioners, together with the faid Umpire, ‘fhall be final and conclufive: Provided always, that in cafe the .faid Commiffioners hall not ‘appoint an Umpire. within Fourteen Days next after fuch Difference of Opinion {hall happen between them, then, and in fuch Cafe, an. Umpire fhall bé appointed by the Proprietors, at a Meeting to be held for that Parpofe, in the like Manner as is hereinbefore prefcribed, with regard to the Appointment of new Commiffioners on Vacancies as aforefaid; and fuch Umpire,

Umpire to be appointed.

appointed by. the Proprietors, fhall have the fame Powers and .

Authorities in every refpect as he would have had if he had been appointed by the faid Commiilioners, I

And be it further .dnak&ed, That no Perfon thall be capable of acting asa Commiffioner, Arbitrator, Umpire, Surveyor, cr Affiftant to fuch Surveyor, in the Execution of any of the Powers hereby given (except the Power hereby given .to the Commif- fioners of giving Notice of the Firft Meeting of the faid Com- millioners, and of adminiftering the Oath hereinafter directed) until he fhall have taken and fub{cribed the Oath .following :

* FE do fwear, That I will faithfully, impartially, and ho- neftly, according to the beft of my Skill and Judgment

> a6 6

‘ execute and perform the feveral Trufts, Powers, and *© Authorities

Commifion- ers, &¢,

Oath.

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“Notice of ‘Meetings.

Incroach-

[4]

Authorities. repofed in me as a Commiffioner, Um- “¢ pire, Arbitrator, Surveyor, or Affiftant [as the Caf *© may be| by virtue of an AG for dividing, allotting, and *© inclofing the feveral Commons, Moors, and Wafte Grounds, within the Manor of North Crofsland, in the Parifh of Almondbury, in thet cft Riding of the County of York, with- out Favour or Affection to any Perfon whomfoever.

“© So help me GOD.”

“ sr

rn

¢

“~

”~

Which Oath it fhall and may be lawful ‘for either of the faid Commiffioners toadminifter, and they are hereby feverally required to adminifter the fame to each other ; and the faid Commiffioners are to adminifter the fame to the Umpire and Surveyor, or Sur- veyor's Affiftant, employed by them ; faid Oath, fo taken and fubfcribed by each Commitlioner, Umpire, Arbitrator, Sur- veyor, and Affiftant refpectively, fhall be written on Parchment,

and fhall be inrolled with the Award hereinafter mentioned, and fhall be deemed legal Evidence.

Gnu be it furchec That the faid Commiffioners thall caufe public Notice to be given in the Leeds News-papers, and alfo in the Parith Church of Almondbury aforefaid, upon fome Sunday, either during or immediately before or after Divine Service, of the Time and Place of their Firft and every fubfequent Meeting for the Execution of this AG, at leaft Fourteen Days before any fuch Meeting fhall be held (Meetings by Adjournment only excepted) and either of the faid'Commiflioners, attending purfuant to fuch Notice as aforefaid, fhall and may adjourn fuch Meeting from Time to Time, and to fuch Place or Places as he fhall think proper, fo as the Time of Adjournment doth not exceed Fourteen Days from the Day of making the fame, and the Place or Places adjourned to -be within Six Miles from Crofsland Hill, in the faid Manor, without giving any Notice thereof, except to the abfent Commiffioner.

‘Any be it further Gnaited, That it fhall be lawful for the feid Commiffioners, and they are hereby required to enquire into and determine, by Examination of Witnefles upon Oath, or by fuch other Means as to them (hall feem meet, what Inclofures or Incroachments have been taken from and made upon the {aid Moors, and Wafte Grounds, within the Manor of North Crofilend aforefaid, for upwards of Sixty Years laft paft; and all Incloiures or Incroachments, which thall be proved, to the Satisfac-

-tion of the. faid’ Commiffioners, to ‘have been taken in and inclofed

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[ 5 ] ‘for that Time, fhall be entitled to have Allotments from off the :faid Commons, Moors, and Watte Grounds, in like Manner as ‘the ancient Inclofures, although they were formerly Part of fuch ‘Commons, Moors, and Watte Grounds; and alfo to enquire into .and determine, in like Manner, what Inclofures of Incroachments -have been taken from and made upon fuch Commons, Moors, and Grounds, within Sixty Years laft paft, and not within the ‘Space of Forty Years laft paft; and all Inclofures or Incroachments, which fhall be proved, to the Satisfaction of the faid Commiffioners, ‘to have been fo taken in, and not abated or thrown open within the Time aft mentioned, fhall not have or be entitled to any Part of ‘the faid Commons, Moors, and Watte Grounds to be divided and -allotted by virtue of this AQ, allotted to them in refpe thereof; -and alfo -to enquire into and determine in like Manner what In- -clofures:-or Incroachments have been taken from and made upon ‘the faid Commons, Moors, and Watte Grounds, by any Perfon or Perfons whomfoever, within Forty Years lat paft ; and all {uch In- clofures and Incroachments re{pectively, as fhall be proved, to the ‘Satisfaction of the faid-Commiffioners, to have been fo taken in “within the Time lat mentioned, fhall be deemed as Part of the ‘faid Commons, Moors, and Waite Grounds {fo intended to be di- ‘vided, and fhall be meafured and allotted as Part thereof; yet neverthelefs the fame, or fo much thereof as the faid Commitf- fioners fhall adjudge to be the Part, Share, and Interett of the Perfon or Perfons who hath or have taken in and inclofed, or ‘caufed to be taken in and incloled the fame, fhall be allotted to the faid refpective Perfon or Perions as aforefaid, according to ithe original Value in the open State; but if fach Inclotures or Jncroachments do not lie adjoining to their other ancient Eftates, the {aid Commiffioners thall have Power to allot the fame to any cther Perfon or.Perfons interefted in the {aid Com- ‘mons, Moors, and Wafte Grounds, making fuch Satisfaction to the refpective Perfon or Perfons, their Heirs or Affigns, who hath -or have fo taken in and inclofed, or caufed to be taken in and jn- sclofed the fame, and who had at the Time of making fuch In- clofure.or Incroachment a Right.of Common, or having gt any Time foever acquired fuch Right, in and upon the faid Wafte ‘Grounds, as fhall-in his or their Judgment be an adequate Satis- faction for any Improvement made thercon.

__ Sind whereas Difputes may arife between ‘the Proprietors -of 5, fettling Eftates within the Manor aforefaid, and the Lord or Lords of the Difputes Manor or Manors adjoining to the faid Manor of North Crofsland, Prenat ° ee “6 oe oundarics. ‘and the-Proprictors of Eflates within fome adjoining Manor or Manors, Townthip, or Parith, touching or concerning the Metes ‘OrBoundaries of fuch refpective Manors, Townfhips, or Pa-

B rifhes,

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-rithes, upon or contiguous to the faid Commons, Moors, ana ‘Wafte Grounds, We it therefore dEnafted, That in cafe any ‘Difpute or Difputes hall arife or happen touching the Metes ‘or Boundaries of the faid Commons, Moors, and Wafte Grounds, ‘between the faid Manor of North Crofsland and any adjoining Manor, Townthip, or Parifh, it fhall be lawful for the -of Eftates the faid Manor of North Crofsland, and the Lord or Lords of any fuch adjoining Manor or Manors, and the Proprietors of Eftates within any fuch adjoining Manor, Town- ‘fhip, or Parifh, with whom any fuch Difpute or Difputes thall ‘happen, or the major Part of fuch Proprietors of Eftates re- {pectively in Value, who fhall attend at a Meeting to be holden : for that Purpofe (which Meeting the faid Commiffioners are here- ‘by required to appoint by Advertifement to be publifhed .in the Leeds News-papers during Three Weeks at feaft before fuch Meeting) and the faid Lord or Lords, and -the 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 fettling -and .determining fuch Difputes ; which Arbitrators fhall, in -cafe they cannot fettle and determine the fame, appoint an Um- spire; and the faid Arbitrators or Umpire (if any fuch Um- pire fhall be appointed) fhall, by Examination of Witneffes upon ‘Oath (which ‘Oath the -faid Arbitrators and Umpire, or any of “them, are and is hereby empowered 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 figned and fealed by the Perfon or Perfons making the fae, and ‘fhall be binding and conclufive to and upon all Parties interefted in the Commons, Moors, 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 North Crofsland, and the Loid or Lords of any fuch adjoining Manor or Manors, and the Proprietors of Eftates within fuch adjoining Manor, Town- ‘thip, or Parifh, between whom the Boundaries of the Commons, Moors, and Wafte Grounds, fhall be fo-in Difpute as aforefaid, thall -refufe or negle@& to nominate and appoint an Arbitrator as afore- faid, then it fhall and may be Jawful to and for the Arbitrator nominated and appointed by and on the Behalf of the other Party to in Manner hereinbefore mentioned, to hear, fettle, and ‘finally determine the fame; which Determination or Arbitration :of the faid 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 I wo

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C74]

“Two Arbitrators indifferently nominated by both Parties, or by .an Umpire to be appointed by fuch Arbitrators as aforefaid : Pro- vided always neverthelefs, that ifany Perfon or -Perfons interefted -in fuch Boundaries fhall not be willing to refer the Matter to . Arbitration as aforefaid, fuch Perfen or Perfons may appeal to the

_Juftices acting in and for.the faid Wet Riding,.as hereinafter -mentioned, I

the better enabling the faid Commiffioners and Arbi- ‘trators to determine the feveral Matters and Things by this A& .teferred to their Determination, We it further Enafted, That it

-fhall be lawful for the faid Commiffioners or Arbitrators, from ‘Time to Time as they thall fee Occafion, by any Writing under their Hand or Hands, to fummon and require any Perfon or Perfons -to appear before them at a Day and Place in fuch Writing to be named, then and there to ‘the Truth touching any Matter in Difference between any of the Proprietors or Perfons in- terefted, and to caufe a true Copy of fuch Writing to be ferved upon fuch Perfon or -Perfons required to teftify, or left at his, her, .or their -laft or ufual Place of Abode; and every fuch -Perfon fo fummoned, who thail not appear before the faid ‘Commiffioners or Arbitrators purfuant to fuch Summons, or fhall refufe to be iworn or examined (the reafonable Expences of his or her Attendance, to be fettled by the faid Commit. fioners or Arbitrators, being to him or her pad or tendered) and being thereof convicted before any One of His Majefty’s _Juftices of the Peace for the Weft Riding of the County of 2%ré, upon Information thereof on Oath made before any fuch Juftice, thall, for every fuch Offence and Difobedience of the Summons of the. faid Commiflioners or Arbitrators, forfeit and pay fuch Sum ‘of Money, not :exceeding Ten Pounds nor lefs than Twenty ‘Shillings, as fuch Juftice fhall think reafonable, to be levied, by Warrant of fuch Juftice, by Diftrefs and Sale of the Goods and ‘Chattels of the Perfon fo conviéted, together with reafonable ‘Cofts ; which Penalty (hall be applied to the Ufle of the Poor of -North Crofsland aforeiaid ; and in cafe any Perfon or Perfons, upon Examination on Oath before the faid Commiffioners or Arbi- ‘trators in Manner before mentioned, thall give falfe Evidence, and fhall ‘be.thereof duly convicted, fuch Perfon or Perfons {hall be liable to the Pains and Penalties inflidted by Law upon Perfons ‘guilty of wilful and corrupt Perjury.

_ And for the-more juft and regular Divifion of the ‘Lands and ‘Grounds hereby direéted to be divided and inclofed, it further ‘Enatten That a true and perfect Survey, Admeafurement, and

‘Plan

Commifion- ers, &c, may fummon Witnciles.

Survey to be made.

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‘Cla'ms to be

{ 8 J

‘Pian fhall’be made of all the Lands and Grounds hereby intended ‘to be divided and incloled, and alfo of all the old inclofed Lands

:and. Grounds within the faid Manor, as foon as conveniently can

‘be done, by.the faid ‘fonathan Teale, or in cafe of his Death, or

.of his Refufal, or Incapacity by Sicknefs or otherwife, to make

fuch Survey within fuch Time as the faid Commitlioners thall di-

rect, then by fuch other Perfon as the faid Commiffioners thal]

appoint; and fuch Survey and Admeafurement fthall be reduced into Writing, and the Number of Acres Roods and Perches be- longing to each Proprietor in the faid old inclofed Lands, and alfo the Quantity of Land contained in the faid Commons, Moors, and

Watte Grounds, fhall.in fuch Survey be particularly fet forth and exprefled. I

Gnd for preventing all unnecefflary ObftruGions and Delays in the faid intended Divifion, and determining all Differences and Difputes.that may arife concerning any Claim or Claims ‘which fhall be made of any Right or Rights of Common, or otherwife, in or upon the faid Commons, Moors, and Wafte Grounds, or any -Part thereof, in. purfuance of this A&, and for the final Decifion -of fuch Claims, Be it Enaitep, That all and every Perfon or Perfons, Truftee and Truftees, Body and Bodies Politic and Gorporate, having or claiming any Right of Common there- upon, fhall refpeCtively give and deliver, in Writing under their Tiands, or under the Hand of their Stewards, Bailiffs, -or Agents, an Account of bis, her, or their refpedtive Claims to the faid Commiffioners, at their Firft or Second Meeting to be held in purfuance of this A@; and if fuch Claims, or any of them, fhall at either of the faid Meetings, or at the Third Meeting of

the faid Commiflioners, be objected to by the Lord of the faid

Manor, or by any of the other Perfons having Right of Common on the faid Commons, Moors, 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 to fend for and ‘examine Witneffes on Oath touching the fame (which Oath the faid Commiffioners are hereby empowered to adminifter) and upon other proper and fufficient Enquiry, Evidence, and Satisfaction, to hear, adjudge, and determine fuch Claim or Claims refpectively: Provided always, that to prevent any Inconvenience to any Perfon or Perfons by any Neglect or Omiffion of giving in an Account of the Claims as aforefaid, the faid Commiffioners fhall, and they are hereby required to adjourn the faid Firft or Second ‘Meeting to any future’Day or Days, as they-in their Difcretion, {hall think*fit, and thall give public Notice of fuch Adjournment ‘or Adjournments ‘in the Parith Church of Admondbury aforefaid, I upon

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upon fome Sunday immediately after Divine Service, Ten Days at leaft before the Day or Days to which fuch Adjournment or Adjournments shall be made; and the Perfon or Perfons making fuch Claim or Claims as aforefaid thall be entitled 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 notwithitanding,

¢ Provided alfo, That nothing herein contained fhall authorize the faid Commiflioners to determine any Difference or Difpute

which may arife, touching the Title of any Perfon or Perions,

Party or Parties, in or to any Part of the Commons, Moors, and Walte Grounds to be divided and allotted by virtue of this AG, but that fuch dilputed Title may be left to Arbitrators to be nominated by the Parties themfelves, or the faid Parties ma

Commiffion- crs not to decide I itles.

commence and profecute fuch Suits and Remedies re{p: ding fuch

difputed Titles as they fhall be advifed and think proper, but.

no fuch Difference or Difpute fhall impede or delay the faid Commiffioners in the Execution of the Powers vefted in them by this Act, but the Divifion and Inclofure by this A@ dire@ed to be made thall be proceeded in notwithftanding any fuch Difference or Suit; and in cafe of any Difference or Suit, the faid Com- miffioners fhall fet out the Land which fhall be allotted in lieu of fuch difputed or litigated Property, fo that it may be diftinguifh- ed from any other Land, and may be had and taken by the Perfon

or Perfons who, upon the Determination of fuch Difference or Suit, fhall become entitled to the fame.

And be it further That the faid Commiffioners thall 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 thall be and remain of the Breadth of Forty Feet at the leaft; and the fame thall 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 Execution of the Award or Inftrument of the faid Commiffioners) as the faid Commiffioners fhall dire& and appoint; and that it thall not be lawful for any Perfon to ereét any Gate acrofs any of the faid Roads; and after the faid Roads fhall have been fet out as aforefaid, the faid Com- miffioners fhall and are hereby empowered and required, by Writ- ing under their Hands, to appoint fome proper Perfon to be Sur- Veyor of the faid Roads, and fuch Surveyor thall caufe the fame to

C I be

Roads to be fet out.

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be formed, and put in good and fufficient Repair, and (hall be at‘owed fuch Salary or Reward for his Trouble therein as the {aid Commiffioners (hall by Writing under their Hands dire@ and appoint; which Salary or Reward, and alfo the Expence (over 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 feveral Owners and Proprietors of the Lands and Grounds hereby intended to be divided and inclofed, and thall be raifed by a Rate to be laid on the faid Owners and Proprietors, according to their refpective Rights and Interefts in the faid Lands and Grounds (the refpective Proportions thereof to be afvertained by the faid Commiffioners in and by their faid Award) fuch Rate to be laid and affeffed by the faid Commiffioners, or by any Juf- tice 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 Commiffioners or juftice bv whom fuch Rate fhall be laid and affeffed thall by Writing appoint ; and in cafe any Perfon fhiall neglect or refufe to pay his Share of the faid Rate within Twenty Days next after Demand made thereof, the fame fhall and may be and recovered by Diftrefs and Sale of the Goods and Chattels of the Perfon fo neglecting or refufing, by Warrant under the Hands and Seals, or Hand and Seal, of the faid Commiffioners, or of an Juftice of the Peace for the faid Weft Riding (which Warrant the fuid Commiffioners, or fuch Juftice, are or is hereby em- powered and required to grant, upon Proof on Oath of fuch Neg- le&t or Refufal, and of fuch Demand as aforefaid; and the faid: Commiffioners, or fuch Juftice, are or is hereby alfo empowered to adminifter fuch Oath) returning the Overplus, if any, to the Owner of fuch Goods and Chattels, after dedudting the Charges of fuch Diftrefs and Sale ; and that none of the Inhabitants of the faid Manor (other than the Owners and Proprietors of the faid Lands and Grounds) fhall be charged or chargeable (over and above the Statute Duty) towards the forming or repairing the faid new Roads, until the fame thall be made fit for the Paffage 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 Juflices at fome Quarter Seffions of the Peace to be holden for the Weft Riding of the faid County, and fuch Certificate have been allowed and confirmed by them ; which faid Certificate fhall be delivered to the faid Juftices at their Quarter Seffions to be holden next after the faid Roads thall 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 or Inftru- ment, unlefs {ufficient Reaton be given, to the Satisfaction of ba al

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faid Juftices, that a further Time is neceffary for that Purpofe, .in which Cafe the faid Juftices may and are hereby empowered 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 negle& or refufe to deliver in fuch Certificate within the Time before limited, fuch Surveyor fhall forfeit and pay any Sum not exceeding Twenty Pounds nor lefs than Ten Pounds, to be recovered in like Manner as the faid Rate is hereinbefore authorized to be recovered, and the fame hall be applied in aid of the Rate fo to be laid as aforefaid; and that from and after fuch Certificate fhall have been delivered to the faid Juftices by the faid Surveyor as aforefaid, and hall have been by them allowed and confirmed, the faid Roads thall 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 he it further Enafted, That the faid Commiffioners thal] and are hereby empowered and required to fet out and appoint, and caufe to be made, erected, and comipleted, fuch public Bridle Roads and Footways, and private Roads and Ways, and alfo fuch Fences, Banks, Ditches, Drains, Watercourfes, Bridges, Stiles, and other Conveniencies, in, over, and upon the Lands and Grounds hereby intended to be divided and inclofed, as they (hall think requifite, and the fame fhall be made and erected, and at all Times thereafter repaired, cleanfed, maintained, and kept in Repair by fuch Perfons, and in fuch Manner as the faid Commiffioners thai] direct and appoint ; and that after the feveral public and private Roads and Ways {hall 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 Horfes, Cattle, or Carriages ; and that all former Roads and Ways, which fhall not be fet out and appointed as the Roads and Ways through or over the faid intended Inclofure, fhall be deemed Part of the Lands and Grounds hereby intended to be divided and inclofed: Provided

neverthelefs, that nothing herein contained fhall authorize the {aid

Commiffioners to turn or alter any Turnpike Road within the Manor aforefaid.

{nd be it further Enaéev, That the faid Commiffigners thall, and they are hereby empowered and required, in the next Place, to fet out and allot, in fuch Places as they fhall think proper, and moft convenient for the Proprietors, {uch Quantity or Quantities of the

{aid

Private Roads, Drains, &c.

Allotment for Materials.

Page 12

Allotment to sLord of the

For allotting the Refidue.

[om ]

faid Commons, Moors, and Wafte Grounds, as they thall think re-

squifite, 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 for making the public and private Roads, public Walls, and Drains only, within the faid Manor,

from Time to Time for ever, and fuch Allotment or Allotments

fhall be made to and vefted in the Surveyor or Surveyors of the

Highways within the faid Manor for the Time being, in Truft, for the Purpofes aforefaid ; and the Herbage growing or renewing in and upon fuch Parcel or Parcels of the faid Commons, Moors,

and Wafte Grounds fo to be fet out as aforefaid, thall be and is

hereby alfo vefted in the faid Surveyor or Surveyors 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; and fuch Surveyor or Surveyors (hail, 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 fubje& to the like Penalties for the Neglect thereof.

And be it further That the faid Commiffioners fhall,. and they are hereby required (after fetting out the faid public and private Roads and Ways, and alfo the Allotments for the Re- pairs thereof) in the next Place to aflign, fet out, allot, and award unto and for the faid ‘fob Kaye, Lord of the faid Manor of North Crofsland, as a Compenfation for his Right and Intereft in and to the Soil of the faid Commons, Moars, and Watte Grounds, and. the Stone Mines and Minerals therein and under the fame, and for his Confent to the DivifionandInclofure thereof, One full Sixteenth Part (Quantity, Quality, and Situation confidered) of the Re- mainder of the faid Commons, Moors, and Wafte Grounds.

‘And be it further Enaked, That after the faid Highways and Roads, and the feveral other Allotments hereinbefore dire@ed, {hall have been fet out as aforefaid, the faid Commiffioners fhall aflign, allot, and appoint in Severalty, the Refidue and Remainder of the faid Commons, Moors, and Watte Grounds, unta and. amongit the feveral other Perfons, Bodies Politic and Corporate,

entitled to Right of Common in ‘and upon the fame, rateably in

due Proportion to the Value of their re{pective Metfuages, Fene-

ments, Lands, and Hereditaments, in refpect whereof they are feverally entitled to fuch. Right. af Common as afvrefaid , and the

{aid

Page 13

[ 3 ]

faid Commiflioners, or either of them, fhall not upon any Account, or under any Pretence, give undue Preference to any of the iarties - interefted in the faid Divifion, in their or any of their Allotments or Shares in the faid Commons, Moors, and Watte Grounds, but the faid Commiffioners, in-‘making their Divifion and Allotment, fhall have due Regard to the Quality, Situation, and Convenience as well as Quantity of the Land to be allotted, and thall, if the fame can conveniently be done, fet out and allot the Share or Shares of each Perfon in One entire Plot or Parcel, and as near to

each particular Perfon’s Lands and Tenements re{pectively as the fame conveniently may be. -

_ Provided neverthelets, and be it further Enaited, That nothing in this Act fhall empower the faid Commiffioners to fet out or allot

any Part or Parts of the {aid Commons, Moors, and Waite -Grounds, to any Perfon or Perfons, for or in re{pect of any Met. fuages, Cottages, or Buildings, within the faid Manor, fave only in refpe& of the Soil'on which fuch Meffuages, Cottages, or Buildings do ftand.

be it further That it thall be lawful for the faid Commiffioners to affign, fet out, allot, and award unto the faid john Kaye, and any other Perfon or Perfons being entitled to any Chief or Fee Farm Rent or Rents out of any Mefluages or old inclofed Lands and Tenements within the faid Manor, fuch Part or Parts of the Allotment or AHotments of the Perfon or Perfons feifed of the Meffuages, Lands, or Tenements, out of which the faid Chief or Fee Farm Rents fhall be payable, as fhall be adjudged by the faid Commiffioners (Quantity, Quality, and Situation confidered) to be a full and adequate Compenfation and Equivalent of or for fuch Chief or Fee Farm Rent or Rents, which fhall from thenceforth ceafe and be no Jonger paid or payable. .

Allotments to Perfons for Mef- fu.pes and to be made: nly In re'peéct or the Soil whe reon they fland.

Allotments may be made in lieu of Chief or Bee Farm Rents.

Gnd be it further naked, That all Perfons who thal] be Allotments

entitled to any of the faid Allotments fhall, and they are hereby required to accept their refpeGtive Allotments within the Space of Six Calendar Months next after the Date and Execution of the faid Award; and in cafe any Perfon or Perfons fhall negleét or tefufe to accept his, her, or their Share or Allotment within the Time hereinbefore limited for that Purpofe, fuch Perfon or ‘Perfons fo or refufing, their Succeffors, Heirs, or Afhigns, fhall be totally excluded from any Eftate or Intereft, or

D Right

10 be «c-

cepted.

Page 14

Goardians may accept.

Non-accept- ance not to Dal's

Ajlotments to be feaced,

[ 4 ]

Right of Common whatfoever, in any of the Lands affigned o¢

allotted to any Perfon or Perfons by virtue of this Ad,

always, and it ig hereby. further That the refpective Guardians, Hufbands, Truftees, Committees, or Attornies of any. Perfon or Perfons being Minors, Lunatics under Coverture, or beyond the Seas, or otherwife incapable by Law to accept fuch Allotments, fhal] be and are hereby. enabled and required to accept thereof for the Ufe of fuch Perfon and Perfons {o incapacitated as aforefaid; and every fuch. Acceptance ref{pec- tively fhall be, and is hereby declared to be as valid and effe@ual as if the Perfon or Perfons for whom the fame thall be made refpectively were capable of acting for him, her, or themfelves, any Thing herein contained to. the contrary notwithftanding.

jProvided neverthelefs, That the Non-Claim or N on-accept- ance of any Guardian, Hufband, Truftee, Committee, or Attorney, fhall' not exclude or in anywife prejudice any Perfon or Perfons under fuch Difability or Incapacity as aforefaid, who fhall accept fuch Allotments within Six Calendar Months next after fuch Difability or Incapacity fhall. be removed, or of any other Perfon or Perfons who fhall be entitled as Heir or Heirs, or in Remainder or Reverfion after the Death of any Perfon dying under fuch Ineapacity or Difability, who thall claim or accept within Six Calendar Months next after his, her, or their Right, Title, or Intereft fhall have accrued, defcended,. or vetted, or be known fo to be.

Gnd be it further Enattes, That the Fences of the feveral Allotments to be made in purfuance of this AG fhall be made by and at the Expence of the Proprietors or Perfons to whom the fame hall refpectively be awarded or allotted ; and iuch refpec- tive Fences fhall be made in fuch Way and Manner, and within fuch Time and: Times, as the faid Commiffionors hall direct, and the fame thall at all Times thenafter be repaired, maintained, and preferved by the feveral Proprietors or Perfons to whom the faid Allotments thall be fo allotted as aforefaid, in fuch Shares and Proportions. as the faid Commiffioners {hall appoint ; and in cafe any Perfon or Perfons fhall refufe, neglect, or omit, within any Time to be appointed by the faid Commif- fioners, to inclofe and fence the feveral Parcels of Land and Ground {fo to be allotted, afligned, and fet out to him, her, or thein refpectively as aforefaid, in fuch Manner and Sort as {hall be fo directed and appointed, it fhall be lawful for the faid

Commiffioners,

Page 15

[ 5 ] Commiffioners, at the Requeft 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 re- fufing as aforefaid, by any Writing under their Hands and Seals,. to authorize and empower the Perfon or Perfons making fuch Requeft as aforefaid, his, her, or their re{pective Heirs, Executors, Adminiftrators, or Affigns, to enter into and upon the Premiffes. to be allotted to fuch Perfon or Perfons refufing, neglecting, or omitting to inclofe and fence as aforefaid, and to make and raife {uch Fences to the fame Allotments refpectively as by the faid Commifflioners fhall be dire€ted to be made thereon; and the Charges and Expences thereof fhall be fettled by the faid Com- miffioners, and fhall be paid and defrayed by the Perfon or Perfons refufing, neglecting, or omitting as aforefaid; and in cafe fuch Charges and Expences fhall not be paid on Demand, the fame fhall and may be levied, raifed, and recovered in like Manner as the Cofts, Charges, and Expences of obtaining, paffing, and

executing this Act, are hereinafter direéted to be levied, raifed, and recovered. I

Gnd be it further Cnaited, That it fhall be lawful for any of

the faid Proprietors, after their Allotments {hall ‘be ftaked out, at any Time before the fatd Commiffioners fhall have executed their Award, by and with the Confent in Writing under the Hands of the faid Commiffioners, to ditch out their faid Allotments, and with Wal!s, Quickfets, or otherwife, to fence the fame, and in fuch Manner and at fuch Time or Times. as the {aid Commiffioners fhall think proper; and in cafe fuch Ditching, Walling, Quick- ing, or Fencing fhall be wilfully damaged or deftroyed, or any Crops that fhall or may be growing on fuch Allotment in anywile injured, the Perfon or Perfons doing fuch Injury thall be deemed Trefpaffers, and be liable to anfwer Damages in refpect thereof, in like Manner as Damages are recoverable in Actions of Trefpafs by the Laws now in being for Injuries done to Land: Provided always, that convenient Gaps and Openings {hall be left in the Fences and Inclofures to be made by virtue of this AG, in fuch Places as the faid Commitlioners fhall direct, for the Space of Six Calendar Mcnths next enfuing the Execution of the faid Award, for the Paflage of Cattle, Carts, and Carriages in and throuzh the fame, unlefs the faid Commiffioners {hall order and

award to the contrary, and then for fuch Time only as they (hall fo order and award. :

Allotments may be fenced before: Award.

Page 16

Guard ences may be put duwu.

Allotments to be in Bar of former

Ri;hts.

Rights of Common to be extin-

guihhed.

Com mif- fioners may mike Parti- ti n of an- divised - Eftates.

[ 16 J

Gnd be it further Craken, That it thall be lawful for all and every Perfon and Perfons, to whom any Allotment or Allotments thal] be made by virtue of this A@, from Time to Time, during the Term of Seven Years, next after the Allotment thereof, to fet down Pofts and Rails, or any other dead Fences, on the Out- fide of the Ditches bounding the Quick Hedges or Fences to be raifed and maintained by them refpectively, for the better Prefervation of their Quickfets or Fences, and at the End, or at any Time before the Expiration of the faid Term, tc remove and take away fuch Pofts, Rails, and dead Fences, and convert the fame to his, her, or their own Ufe or Ufes; and no Per. fon fhall depafture with Sheep any of the faid Allotments, fenced with or feparated from any other Allotments by Quickéets, at any Time within Seven Years after the faid Allotments have been fo fenced ; and any Perfon or Perfons fhall and may impound any Sheep that may be found depafturing in any of the faid Allotments at any Time cr Times within the faid Term of Seven Years, and demand, recover, and receive Damages for the fame, as in Cafes of any Trefpafs by Sheep or "Cattle, except the {aid Commiffioners (hall at any Time otherwife dired, by Writing under their Hands.”

Gund be it further That the Lands which fhall be fet out and allotted to and for the faid feveral and re{pective Pro- prictors and Perfons, in Manner hereinbefore directed, thall be and are hereby vefted in them refpedtively, in full Bar, Satis- faction, and Compenfation of and for their feveral and re{pec- tive Lands, Right of Common, and all other Rights and Pro- perties whatfoever, which they refpectively had or were entitled unto, in, out of, or upon the faid Lands and Grounds by this Act intended to be inclofed, either at the Time of paffing this AG, or immediatciy before the making of the Award of the faid Commiffioners; and that from and: after the making of the faid. Divifion, and {taking out the feveral Allotments, all Right of Common whatfoever, belonging to or claimed by any Perion or Perfons whomfoever, Bodies Politic or Corporate, in, out of, or upon the faid Commons, Moors, and Watfte Grounds, every Part

and Parcel thereof, fhall ceafe, determine, and be for ever ex- tinguifhed,

Gnd tobereas fome of the Proprietors of Meffuages, Lands, Tenements, and Hereditaments, within the {aid Manor, may be feifed thereof or entitled thereto as Joint Tenants, or as Tenants in Common, and cannot, by reafon of fome legal Impediment or Incapacity, make an effectual Separation and Divifion thereof in

Page 17

[ 317 ]

in Severalty, Be it therefore €nattey, That it thalf be lawful for

the faid Commiffioners, if they fhall chink proper, to allot, fet —

out, appoint, and award in Severalty, to and for each of the Per~ fons fo feifed or entitled as aforefaid, fuch Part of the refpective Eftates and Premifles aforefaid, as thall, in the Judgment of the faid Commitlioners, be equal in Value to, and a full Equivalent and Satisfaction refpectively for fuch undivided Eftate, Right, and In- tereft, which each Perfon fhall then have in the faid Premiffes ; aud all and every Perfon and Perfons to whom fuch Land thall be allotted in Severalty as aforefaid, fhall and may, at all Times after the Execution of the faid Award, hold and enjoy the fame, in the fame Manner, and fubjec& to the fame Utes, as they could re{pec- tively have held and enjoyed their refpective Eftates within the

faid Manor, in cafe this A@ had not been paffed (fuch undivided Intereft therein only

Gnd Be it further Gnaked, That it thall be lawful for an Perfon or Perfons, Body or Bodies Politic, Corporate, or Colle- giate, and alfo for. any Feoffee or F eofces, Truftee or Truttees, who is, are, or fhall be Owner or Owners of any Meffuages, Build-~ angs, Lands, Tenements, and Hereditaments, within the faid Manor, or in any Parith or Place adjoining thereto, and alfo the Hufbands, Guardians, Committees, and Truftees of any of the faid Owners, being under Coverture, Minors, Idiots, Lunatics, or beyond the Seas, or otherwife incapable to aét for themfelves, and alfo for all Perfons aGting as Guardians, Truftees, or Com- mittees of fuch Owners refpectively, being under any Difability whatfoever, whether fuch Owner or Owners be Tenant or Te- nants in Fee Simple, or for Life, or -in Fee Tail General or Spe- cial, or by the Curtefy of England, or for Years determinable on any Live or Lives, to exchange all or any of his, her, or their Meffuages, Buildings, Lands, Tenements, and Hereditaments, for any other Meffuages, Buildings, Lands, Tenements, and Heredita- ments, within the faid Manor, or any adjoining Parith or Place ; fo that all and every fuch Exchange and be made with the Confent and Approbation of the faid'Commiffioners, and be de- {cribed and afcertained in their faid Award; and all and every fuch Exchange and Exchanges {hall be valid in the Law, to all Intents and Purpofes whatfoever: Provided that no fuch Exchange fhall be made of any Meffuages Buildings, Lands, Tenements, or Hereditaments, held in Right of any Church or Chapel, without the Confent of the Lord Archbifhop of the Diocefe and Patron of th: Benefice for the Time being refpectively.

Ind be it further nated, That it thall be lawful for the Go-

I vernors

Y For exchangs

ing Lands..

Truftees of Charity

Page 18

Eftates may ‘grant Leales.

at ‘Rack Reat to bevacaitus

Award,

Toe] vernors of the School of Cithero for the Time being, teftified by their Common Seal, and alfo to and for the Governors, and the reipeGive Truftee or Truftees 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 and ‘Grounds to be allotted to them refpectively as aforefaid by virtue of this A&t, or of any Part or Parts thereof, for any Term or

Number of Years, not exceeding Twenty-one Years in Poffeffion,

‘hut not in Reverfion or by Way of future Intereft, for the bet Annual Rent or Rents that can be reafonably got for the fame, fo as ‘no Fine, Foregift, or other Premium whatfoever, thall be had,

paid, or taken on account thereof; and fo as every fuch Leafe fhall 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 to the faid Governors and Truftees, their ‘Heirs, and Truftees refpectively ; and fo as the Leflee or Leffees 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 for the Space of Thirty Days; and fo as fuch Leffee or Leffees do execute a Counterpart or Counterparts of fuch Leafe or Leafes; and all fuch Leafes. thall be good, valid, and effectual in the Law,

to all Intents and Purpofes, any Law, Ufage, or Cuftom to the contrary notwithftanding, :

nd be it further Enakey, That all and every Leafe and Leafes, for any Term not exceeding Twenty-one Years, fubfifting at Rack, Improved, or Extended Rent, of any. 'Tythes, or of all or any Part of the faid Lands or Grounds hereby intended to be inclofed, or of any Mefluages, Houfes, Barns, Buildings,. Lands, Grounds, Tythes, Chief Rents, Quit Rents, or other Hereditaments to be exchanged or divided, or made Partition 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 Rent, fhall, upon the Fifth Day of 4pril One thoufand Eight hundred, ceaie and be void, the refpe€tive Pertons who have granted or mace any fuch: Leafes or Agreements, making fuch reafonable Satisfaction for the fame to fuch Leffee or Leffees, Tenant or Tenants, when required, as the faid Commifiioners fhall direét and Appoint, on account thereof, or as an Equivalent to.the fame.

_ Gnd be it further That as fooa as.conveniently may ‘be after the faid Divifion and Allotments fhall have been com- pleted and -finithed, the said Commiffioners thall: form. and draw

Up

Page 19

{ 9

‘ap an Award or Inflrument in Writing, which fhall contain and exprefs the Quantity, in Statute Meafure, of Acres, Roods, and I Perches contained in the faid Commons, Moors, and Watte Grounds hereby intended to be inclofed, and the Quantity of each and every Part and ‘Parcel thereof, which thall be affigned and allotted to cach of the Parties entitled to and it:terefted therein, with a Defcription of the Situation, Buttals, and Boun- daries of the refpc@ive Allotments, and a Defcription of any Exchanges or Partitions which may have been made by virtue of this A& ; and fhall alfo contain proper Orders and Dire¢tions for fencing, mounding, and ditching the faid Allotments, and for keeping the faid Fences, Muunds, 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 farne Premiffes; and alfo exprefs and contain fuch other Orders, Regulations, and Determinations as fhall by the faid Commifiioners be thought proper and neceffary to be in~ ferted therein, conformable to the Tenor and Purport of this Acts and Two Parts of which faid Award or Inftrument fhiall be fairly engroffed or written on Parchment, and figned and fealed by the faid Commiffioners, and fhall be, together with the Deed or In- ftrument of Arbitration, to be executed by Arbitrators, if any fuch there be, as aforefaid, by the Regifter of the Regifter’s Office in Wakefield, ektablifhed by A& of Parliament for the regiftering Deeds, Conveyances, and other Incumbrances affecting Lands, Tenements, and Hereditaments, in the Weft Riding of the County ‘of York, or by any other Perfon officiating in that Office, who is hereby required to receive and inrol the fame ; and afterwards one of the Duplicates of the faid original Award, together with a Map or Plan thereto annexed, and alfo fuch Deed or Inftrument of Arbi- ‘tration or Umpirage as aforefaid, fhall be delivered to the Steward of the Courts of the Manor of North Crofsland aforefaid, for the Ufe 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 Cheft of the Parith Church I of Almondbury aforefaid, for the Ufe of all other Perfons interefted in the faid Inclofure, to which Recourfe fhall and may be had by any Perfon or Perfons interelted in the faid Divifion and EInclofure; and a.traue Copy of fuch Inrolment at the {aid Regifter’s Office, or of any Part thereof, figned by the proper Officer, purporting the fame to be'a true Copy (for which Two Pence per Sheet (hall be paid, each Sheet to contain Seventy-two Words) and alfo the faid original Duplicate of the faid Award, and the faid original Deed or Inftrument of Arbitration, or any of them, fhall, from ‘Time to Time and at all Times thereafter, be admitted and allow-

ed

Page 20

Wills, &c.

motto be affected.

[ 20 ]

ed in all Courts whatfoever as legal Evidence of the fame; and the feveral Allotments and Divifions, and all Orders, Directions, Regulations, and Determinations fo to be made by the faid Com- miffioners, in and by fuch Award or Inftrument, fhall be binding and conclufive unto and upon all and every the Parties interefted in the Lands, Grounds, and Premiffes, which fhall be divided and inclofed, or exchanged, by virtue of this Act.

and fe it further Cnaked, That no- thing in this 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, Rent, Service, Debt, Charge, er Incumbrance, of, in, out of, upon, or affecting any of the Lands and Grounds fo intended to be divided: and inclofed, or which fhall be exchanged in purfuance of this AQ, or any Part thereof refpeCtively, but that the feveral Lands and Grounds to be afligned and allotted upon fuch Divifion and Inclofure to the feveral Parties concerned, or their Truftees, and which -fhall be taken in Fxchange purfuant to this Act, thall, immediately after fuch Allotments or Exchanges fhall be made, be, remain, and enure, and the ‘everal Perfons to whom the fame thall be affign- ed and allotted, or given in Exchange as aforefaid, thall from thenceforth ftand and be feifed thereof, to and for fuch and the fame Ufes and Eftates, and fubject to fuch and the fame Wills, Settlements, Limitations, Remainders, Charges, Tenures, Rents, Services, Quit Rents, and Incumbrances, as the faid fevcral Lands, Grounds, Tenements, or Hereditaments, in lieu or in re{pect whereof fuch Allotments and Exchanges fhall be made as afore- faid now are, or fhould or would have been and liable to be charged with or affected by, in cafe the fame had remained uninclofed and unexchanged, or this Aét had not been made,

And whereas Sir Fobn Lifer Kaye, Baronet, deceafed, the late Lord of the fiid Manor of North Crofstand, in his Lifetime, as Lord of the faid Manor, made f.veral Inclofures, and granted feveral Privileges to his ‘Venants and other Perfons upon the faid Com- mons, Moors, and Waite Grounds intended to be inclofed, and many of which Inclotures and Privileges were granted and conveyed by the faid Sir Lifer Kaye, alone and along with divers ancient Meffuages, Cuttuges, Lands, and Hereditaments, within the faid Manor, to the reipe@tive Purchafers thereof, Be it further Enatted, That the faid feveral Inclofures and Privileges fo made and granted upon the faid Commons, Moats, ANG

Page 21

[ 2t ]

and Wafte Grounds, and granted and conveyed by the faid Sir Sfobn Lifter Kaye to the Purchafers thereof, thall be and continue the abfolute Property of the faid re{pective Purchafers, and their Heirs and Affigns, in as full and ample Manner, to all Intents, as if the fame Inclofures and Privileges had been made and granted for more than Forty Years, fo as fuch Inclofures thal] not, in refpect thereof, be entitled to any Allotment or Allotments from the faid Wafte Grounds fo to be divided as aforefaid, unlefs the fame Inclofures have been made for upwards of Sixty Years

previous to. the Firft Day of Yanuary One thoufand Seven hun- dred and Eighty-nine.

{nd be it further 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, Moors, and Wafte Grounds intended to be inclofed, and all the Charges of the faid Commiffioners, and the Charges of forming and making.the faid public Roads, and in and about the making and inrolling fuch Award and Duplicates as hereinbefore ‘mentioned, and all other incidental Charges and Expences what- foever, for or by-reafon of, or preparatory to the faid intended

Divifion and. Inclofure, andthe heating and determining any Claims :in relation :to :the Premiffes, and all other Expences:

attending :the Execution of this Act, thall be defrayed and dif- charged by the.faid feveral Proprietors and Perfons interefted in the faid intended Inclofure, or the Execution of this Act, in’ pro- portion to their feveral Rights and Interefts therein.

And'be it further Enaften, That in cafe any Perfon or Perfons ‘fhall refufe or negle& to pay his, her, or their Share or Proportion of fuch .Charges and Expences within-the Times fo to be refpéc- tively appointed as afotefaid, then the {aid Commiffieners thall and may, by Warrant under-their Hands and Seals, directed to any Perfon or-Perfons, caufe the fame to be levied by Diftrefs and Sale the Goods and Chattels of the Perfon or Perfons fo refufing or neglecting ‘to pay the fame, rendering the Overplus (if any) :to the Owner or Owners of fuch Goods and Chattels, after deducting

For payiog Expences.

ForRecovery of the Ex- pences.

‘the Cofts and Charges of making fuch Diftrefs and Sale refpec-

‘tively ; or otherwife.it thall be lawful for the faid Commiffioners, ‘by Writing under their Hands and Seals, to authorize any Perfon ‘to enter into and upon the Lands and Premiffes {0 to be allotted unto the Perfon or Perfons {0 .refufing or negle@ting to pay as aforefaid, and to take and receive the Rents and Profits thereof,

— until

Page 22

For borrow- ing Money.

[ 22 I

wotil therewith or thereby his, her, or their Proportion of the faid

Charges and Expences, and alfo all the Cofts, Charges, and Ex. pences occafioned by or attending fuch Entry upon and Receipt of the Rents and Profits fhali be fully paid and fatisfied ; or other- wife the faid Commiflioners may, and they are hereby empowered, by Writing under their Hands and Seals, to mortgage the Allot- ment or Allotments of the Perfon or Perfons fo neglecting or re- fufing to make any fuch Payment as aforefaid, or fo much or fuch Part or Parts of fuch Allotment or Allotments as the faid Com- miffioners {hall judge fufficient to raife the Money fo unpaid, and alfo for the Payment of the Charges and Expences of fuch Mort- gage, and other neceflary Expences attending the fame; and every fuch Mortgage fhall be valid and effe@ual.

And {whereas fome Perfons interefted in the Lands and Grounds hereby intended to be divided and inclofed may have Occafion to borrow Money for the Purpofes of this Act, Be it therefore nated, That it fhall be lawful for all or any of the Owners and Proprietors of the Lands and Grounds intended to be inclofed as aforefaid, and to and for the Hufbands, Guardians, ‘Truftees, or Committees of any of the faid or Proprietors being under Coverture, Minors, Idiots, Lunatics, or beyond “the Seas, or being under any Difability whatfoever, and-alfo to and for all Perfons iaGting as Guardians, ‘Truftees, ‘or' Committees’ 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 poffefied of any greater Eftate, or for the faid Commiffioners (in cafe the faid Proprietors or Perfons interefted fhall, refufe or neglect) by Writing under their Hands and Seals from. Time to

. Time to charge the Lands and Grounds, which fhall be affigned and ‘allotted to them as aforefaid, with any Sum or Sums of Money for

the Purpofes before mentioned, not exceeding Four Pounds for each Acre, and for fecuring the Re-payment thereof, with Intereft, to -grant, mortgage, leafe, or demife, or otherwife fubject the Lands and Grounds fo to be afligned and allotted, or any Part or Parts thereof, unto fuch Perfon or Perfons as fhall advance and lend the fame refpectively, his, her, and their re{pectiye Executors, Adminiftrators, or Affigns, for any ‘Term or Number of Years, fo as fuch Grant, Mortgage, Leafe, or Demife be made with a Provifo or Condition to ceafe and be void, or with an expre{s Truft to be furrendered, when fuch Sum or Sums of Money thereby to be fecured, with the Intereft.thereof, fhall be fully paid and fatisfied ;

and fo as in every fuch Grant, Mortgage, Leafe, or Demife, to be by any Tenant in Tail or for Life, or for Years determinable

.On

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on One or more'Life or Lives, there be contained a Covenant to pay and keep down the Intereft of the faid Money to be thereby re- {pectively fecured, during his, her, or their refpective Life or Lives, fo as that no Perfon afterwards becoming pofleffed of fuch Lands and Grounds {hall 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,

and Premiffes, fo be made as aforefaid, -fhall be good, valid, and .effectual:in-the Law for the Purpofes thereby intended, notwith- fianding 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, or ‘other Perfons -fo mortgaging, or in the faid Commif- fioners, 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 Control, Management, and Direction of the faid Commiffioners, and fhall be paid:to fuch Perfon or Perfons, and applied for. the Purpofes.before mentioned, in fuch Manher as -the ‘faid’ Commiffioners: fhall direct and chido oy os ce

Gnv be it further naked, That the faid Commiffioners thall, -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 Proprietorsofthe Lands and 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 At, and in carrying the fame into Execution ; which Book, with the proper Vouchers, they fhall produce to the-faid Proprietors, or any Four of them, when required, and leave a Copy or Copics thereof, when required ‘by any ‘Six or more of the faid Freeholders, in the Cheft-of the Parifh Church of aforefaid, for the Pur- pofe of being infpected or peruied by any of the: Freeholders for ‘the Time being of the faid Manor.

Gnd be it further naked, That if any Perfon or Perfons thall not- be willing to refer any Difpute -or Difference re- ‘Boundaries to Arbitrators as aforefaid, or if any Perfon or Perfons fhall think him, -her, or themfelvés aggrieved by any Thing done in purfuance of this Act (other than and except fuch ‘Orders and Determinations of the faid Commiffioners and Arbi-

G trators

Commifion- ers tO ace count.

Appeal.

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*rators 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 Weft Riding of the {aid County of York, within Six Calendar Months next after the Caufe of Complaint, or fuch Ditference or Difpute thal] have arifen, and the Juftices in the faid Quarter Seffions are hereby I authorized and required to hear and determine the Matter of every fauch Appeal, and to make fuch Order therein, and award fuch ‘Cofts and Damages as to them in their Difcretion fhall feem jug and reafenable, and by their Order to appointa Time for Pay- ment of fuch Cofts and Damages; and in cafe of Non-payment thereof :for Thirty. 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 {hall be {o 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 Owher 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 cconclufive ito all .Parties concerned, and fhall not be removed. or removeable by Certiorari, or any other Writ or Procefs whatfo-

.

ever, into any of His Majefty’s Courts at Wefminfter, or elfe- where. — . I

SavingLord’s. Right. '

AProvided always, aud.be it further That nothing in this AG thall prejudice, leffen, or defeat the Right, Title, or Intereft of the faid Yokn. Kaye, ‘his Heirs or Affigns, as Lord or Lords of the faid Manor.of North Croftland, or the Lord or Lords of any Manor or Manors adjoining to the faid Manor of North Crofsland, or any other Perfon or Perfons interefted in fuch adjoining Manor or Manors, of, in, or to the Seignories, Royalties, Rights, and Services incident and belonging to the faid Manor of North .Crofsland, and every fuch adjoining Manor or Manors, except what are abolifhed or altered by this Aa, but that the faid ohn Kaye, his Heirs and Affigns, and all and every other Perfon and Perfons .claiming and to claim under or in Truft for him or them, as Lord or Lords of the faid Manor of North Crofsland, and alfo the Lord or Lords of fuch adjoin- ing Manor or Manors, ‘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, elons.of themfelves.and put in Exigent, Deodands, ‘Waifs, Eftrays, Forfeitures, and all, other Royalties, Privileges, and Jurifdictions to the faid Manor of North Crofsland, or to any duch adjoining Manor or Manors, or to the Lord or Lords there-

of,

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of, refpectively incident, belonging, appendant, or appertaining (other than and except what are abolifhed or altered by this Ad) in as full, ample, and beneficial Manner, to all Intents and Purpofes, as he or they might have held and enjoyed the fame

before the pafling of this Act, or in cafe the fame had not been made,

Saving altwaps to the KING’s Moft Excellent Mayzsry, His Heirs and Succeflors, and to all and every Perfon and Perfons, Bodies Politic or Corporate, his, her, and their Heirs, Succeffors, Executors, and Adminiftrators, all tuch Eftate, Right, Title, and _ Intereft (other than fuch as are meant and intended to be barred, deftroyed, or altered by this Act) as they, every or any of them, had or enjoyed, of, in, to, or in refpect of the faid Commons, Moors, and Wafte Grounds, and of all or any other the Lands and Grounds, Woods, Tenements, and Hereditaments aforefaid, be- fore the pafling of this A@, or could or might have had and en- ‘joyed in cafe.the fame had not been made; but no fuch other Per- fon or Perfons, Bodies Politic or Corporate, his, her, or their Heirs, Succeffors, Executors, and Adminiftrators, fhall have Power to de- feat the End or Defign of this AG, by avoiding, impeaching, or any- wife difturbing any of the Divifions, Allotments, or Appointments to be made by virtue thereof, but he, fhe, and they fhall.hereby be bound to accept the faid feveral Allotments, which made and affigned by virtue of this Ad, in lieu of all fuch Lands, Grounds, Tythes, Modufes, or other Payments, Common Right, Title, Intereft, or Property, as he, the, or they might claim to be entitled to in cafe this A& had not bee made. °

General Saving.


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