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History

Guilthwaite     ·     Upper Whiston

Act for enclosing Lands in the Parish of Whiston

An Act for enclosing Lands in the Parish of Whiston, was passed by the House of Lords 31st May 1816

Whereas there are within the Parish of Whiston in the West Riding of the County of York, several Commons called:
Gilfit, otherwise Guilthwaite Common
the Church Hill
the Cow Rakes
the Rushbeds
Woodley Green
Herringthorpe Common
Little Royds Moor
Great Royds Moor
as well as several other scattered parcels of waste ground containing in the whole by estimation 231 acres or thereabouts: And wheras Henry Howard Esq. is Lord of the Manor of Whiston, within which manor the principal Part of the said Commons and Parcels of Waste Ground do lie; and the said Henry Howard, as such Lord aforesaid, is entitled to the Soil of so much and so many of the said Commons and Parcels of Waste Ground as lie within the said Manor of Whiston, and to all Mines and Minerals within and under the same: And wheras Marmaduke Middleton Middleton Esquire is Lord of the adjoining Manor of Morthen, within which last mentioned Manor the Remainder of the said Commons and Parcels of Waste Ground do lie; and the said Marmaduke Middleton Middleton as such Lord of the said last-mentioned Manor, is entitled to the Soil of so much of the said Commons and Parcels of Waste Ground as lie within the said Manor of Morthen, and to all mines and Minerals under the same: and whereas the said Henry Howard is also patron of the Rectory and Parish Church of Whiston aforesaid, and the Reverend Richard Lacy Clerk is the present Rector thereof; and the said Richard Lacy, as such Rector as aforesaid, is entitled to certain Glebe Lands, and also to all Tythes both Great and Small arising or accruing within the said Parish, or to certain Modules of Money Payments in lieu thereof: And wheras Sir George Sitwell Baronet (a Minor) is Owner of a certain Piece or Parcel of Land within the said Parish, called the Banks, containing 33 acres or thereabouts, the same being the sole and exclusive Property of the said Sir George Sitwell, from Candlemas-day to Old Michaelmas-day in each year, but subject (from every Old Michaelmas-day to Candlemas-day) to all the rest of the Freeholders of the said Parish, having a Right to turn their Commonable Cattle thereupon: And whereas the said Henry Howard, Marmaduke Middleton Middleton, and Sir George Sitwell, and also Hugh Parker Esquire, John Oxley the Elder, John Oxley, the Younger, William Jubb, John Boomer, Thomas Pearson and several other Persons are Owners and Proprietors of Messuages, Cottages, Lands, and other Hereditaments, situate, lying and being within the said Parish, and in respect thereof are severally entitled to Right of Common in, over, and upon the said several Commons and Parcels of Waste Ground:

And whereas an Act was passed in the Forty-first Year of the Reign of His present Majesty, entitled An Act for consolidating in one Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of proving the several Facts usually required on the passing of such Acts: And whereas several of the ancient inclosed Lands of the respective Owners thereof do lie very much intermixed and dispersed, and are very inconveniently situated for the Occupation thereof; the said Piece of Land called the Banks is, in its present State of Tenure, incapable of any considerable Improvement; and the said several Commons and Parcels of Waste Ground in their present uninclosed State, yield but little Profit to the Persons interested therein; and it would be of great Advantage to them, as well as of much public Utility, if the said several Commons and Parcels of Waste Ground were divided and inclosed, and Specific Parts or Shares thereof assigned and alloted unto and amongst the Proprietors thereof, to be by them held in Severalty, proportionably and according to the Value of their respective Estates, Rights, and Interests therein; and also, that in consideration of an adequate Compensation for the same, all the Lands Tenements, and other Hereditaments, as well open as inclosed, within the said Parish, should be discharged from Tythes in kind; but inasmuch as the several beneficial Purposes aforesaid cannot be effected without the Authority of Parliament; may it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

That Francis Raynes of Everton in the County of Nottingham, and Thomas Gee of Ackworth, in the said County of York, Gentlemen, shall be, and they are hereby appointed Commissioners for setting out, dividing, inclosing, assigning, and allotting the said several Commons and Parcels of Waste Ground, and for carrying this Act into Execution, subject to such of the Powers and Provisions contained in the said recited Act as are not hereby varied or altered; and that William Fairbank of Sheffield, in the said County of York, Land Surveyor, shall be and he is hereby appointed Surveyor, to survey, admeasure and plan (pursuant to the Provisions of the said recited Act) all and every the Lands and Grounds within the said Parish, the Quantity of which it may be necessary or expedient to ascertain for the Purposes of this Act; provided nevertheless, that if certain Surveys, Admeasurements and Plans at any Time heretofore made by the said William Fairbank, or by John Nuttall of Matlock in the County of Derby, Gentleman, or any other Surveyor of the ancient inclosed Lands and Grounds within the said Parish shall be produced to the said Commissioners, and the same shall in their opinion be correct, and perfectly sufficient for the Purposes required by the said recited Act, and of carrying the same and also this Act into Execution, so far as respects the ascertaining the Quantity of the said ancient inclosed and Grounds, then in such case, no new Survey, Admeasurement or Plan of such ancient inclosed Lands and Grounds shall be made by the said William Fairbank for the Purposes aforesaid.

II. And it be further enacted, That if the said Francis Raynes or any other Commissioner to be appointed in his Stead shall before the Execution of all the Powers and Authorities hereby vested in him, die, refuse, neglect or become incapable of acting in the Premises, then and in every such case it shall and may be lawful to and for a Majority in Value (to be ascertained by the land tax Assessments) of the Proprietors or Persons interested in the said Commons and Parcels of Waste Ground hereby directed to be decided, allotted, and inclosed, or their known Agents or Attornies, or Persons to be appointed for that Purpose, by Writing under their respective hands, (except and exclusive of the Rector of the said Parish for the time being), who shall be present at a Public Meeting to be appointed for that purpose, by the surviving or remaining Commissioner within 30 days next after such death, refusal, neglect or incapacity to act as aforesaid shall be known to them

 

Land for sale in Parish of Whiston in 1823

 

The King versus Rev Richard Lacy:
and that if it be not an estate but an equitable right only no settlement is gained The principle deducible from those cases is that the relation of trustee and cestui que trust must be created in order to give a settlement by the purchase In Rex v Geddinglon the agreement was to purchase an estate for S10 of which 160 wee to be paid on the 30t ef November and 1 on the 2 kh of June tiien ext The latter urn was never paid the pauper resided a year and a half and afterwards the contract was rescinded There by paying 150 a perfect equitable estate would Iuive been acquired but it was never f aid and therefore tike pauper was held never to have liad a perfect equitable estate During the whole time the pauper was in possession in his ??s? he might have bee renewed He never was the purchaser of an eetate or de finite merest It has been argued that the payment of the 10 would have given the purchaser a right to demand a conveyance and that as it might have been made at any timo the payment then made related back to the time when the occupation began and therefor hat the estate by relation was the etate of the purchaser from the time when bis occupation commenced They thought however that for the purpose of gaining a settlement mich a payment did not give him the estate ab iiiitiu but only from the time when the payment was actually made Mr Tindal for the rate The question turns upon the General Highway Act IS Geo 3 c 78 s 45 and the local act By the former the tithes are expressly made liable to contribute and the latter merely substitutes a rent for the titties The case of The King v utdero I decides this point That was a question upon the liability of a substituted rent like the present to contribute to the poor rate and che Court decided that the rent so substituted was liable as the titile kself would have been unless the liability were taken away by express words of the act of parliament which directed the substitution Besides this rent is still a tenement within the words of the Highway Act and rateable as such 1826 May 14 Order of Sestioits confirmed ?1C? KINO THE REV RICH ARD ???? Highway Mate A rent given by tut of parliament tn ten of tithe is liable to contribute to the highway rate as well as to the poor rate unless it be expressly exempted by the met ?f parliament The defendant was assessed for an highway rate and the Sessions of the West Biding of the county of York on appeal confirmed the rate subject to the opinion of the Court on a case in substance as follows The Rev Richard Lacy the appellant is the it ctor of the parish of Whiston In 1816 an act was passed for inclosing lands in that parish by which commissioners were authorized among others to fix upon a clear annual rent or sum of money per annum in lieu of the great tithes and mo duses payable to him and his successors ? respect of so much of the parish as lay within the manor of Whiston The rents were fixed upon accordingly and Mr Lacy has since received them He has been assessed in respect of those rents at the sum of 12 5s under a rate duly made for the repairs of the highways and the question is whether he is liable to be so assessed in respect thereof Mr Blackburn contra endeavoured to distinguish this case from that of The King w Boldero That was a case under the poor laws to which by the words of the statute of Elizabeth the clergyman is expressly made liable The expression in the Highway Act is tithes applied to occupiers and not meaning the parson There is this difference also between the two cases that in Boldero's case the parson was to have a year's rent but in the present it is declared to be a clear yearly rent so that it was to be clear from charges like the present It has no doubt been fixed accordingly with reference to its being free from these charges Tin Court took time to consider and on Thursday the 8th of June Delivered their opinion that in principle this case wa not distinguishable from that of The Kmg v 1 4 Barn & Cíete 1?7 S Lew J.K.B. C7ä
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... 


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