Page:Ruffhead - The Statutes at Large - vol 7.djvu/740

 720 C. 36. Anno vicefimo nono Georgii II. A. D. 1756. by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this pre- Proprietors of fent Parliament affembled, and by the Authority of the fame, That it (hall and may be lawful to and Waftes, S:c. and for hjs Majefty, his Heirs and Succeflbrs, and all other Owners of Waftes, Woods and Paftures, in a Right of^'"^ tJi3t Part of Great Britain called England^ wherein any Perfon or Perfons, or Body or Bodies Politick Common, or Corporate, hath or have Right of Common of Pafture, by and with the Afient of the major Part in Number and Value of the Owners and Occupiers of Tenements to which the faid Right of Com- mon of Pafture doth belong, and to and for the major Part in Number and Value of the Owners and Occupiers of fuch Tenements, by and with the Afient of the Owner or Owners of the faid Waftes, Woods and Paftures, and to and for any other Perfon or Perfons, or Body Politick or Corporate, by may by Confent and with the Afient and Grant of the Owner or Owners of fuch Waftes, Woods and Paftures, and inciofe any Part the major Part in Number and Value of the Owners and Occupiers of fach Tenements, to indole and piaminga°[d ^eep in Severalty, for the Growth and Prefervation of Timber or Underwood, any Part of fuch Waftes, prefeivingTim- Woods and Paftures, for fuch Time, and in fuch Manner, and upon fuch Conditions, as fliall be agreed wood ^"'^'"^' ^y '^^"" refpeaively. ^°° ■ „ II. Provided neverthelefs, and be it enadted by the Authority aforefaid. That in cafe any Recompence fence be^greed 'l^^" ^^ agreed to be given for fuch Inclofure, to or to the Benefit of the Owners and Occupiers of Te- to be given to nements, to which the Right of Common in fuch Waftes, Woods and Paftures doth belong, fuch Re- whaTM^Mner'" ^ompence ftiall be made either by a Grant of a Share of the Profit which fhall arife from the Sale of thefame^is to'^be^^he Timber or Underwood growing on the Ground or Soil fo inclofed, or by a Grant of other Lands, made and ap- Tenements or Hereditaments ; or by fome Annuity or Rent-charge iffuing out of the faid Ground or P'" Soil fo inclofed, or out of other Lands, Tenements or Hereditaments ; or fhall be paid in Money, to be placed out at Intereft on publick Securities, or laid out in the Purchafe of Lands, Tenements or Hereditaments, or of fome Annuity or Rent-charge ifluing out of Lands, Tenements or Hereditaments; and the Produce of fuch Lands, Tenements or Hereditaments, or fuch Annuity or Rent-charge, or the Intereft of fuch Money, until the fame (hall be laid out in fuch Purchafe as aforefaid, fhall be paid from Time to Time to the Overfeers or Overfeer of the Poor of the faid Parilh or Townftiip, and (hall be by them or him applied towards the Relief of the Poor of the Parifh or Townfliip where fuch Waftes, Woods or Paftures fliall lie, and accounted for in fuch Manner as the Rates for Relief of the If Lords and Poor are by Law direcSted to be accounted for; and in cafe the Owner or Owners of any fuch Waftes, Tenants join in Woods or Paftures, and the major Part in Number and Value of the Owners and Occupiers of the Te- RTXrff'indo- nements to which fuch Right of Common doth belong, (liall jointly agree to aflign and grant their re- fuie to any other fpcdfive Right and Intereft in any Part of the faid Waft:es, Woods or Paftures, for the Purpofe of ma- Perfons, king fuch Inclofures as aforefaid, to any other Perfon or Perfons, or Body Politick or Corporate ; and the Owner or Owners of fuch Waftes, Woods and Paftures, fliall not have an Eftate in Fee-fimple liow Recom- therein, or ftiall be difabled or reftrained from alienating the faine, the Recompence to be paid to any P'^"" t' t? ^^ ^^^^ Owner or Owners, Ihall be either by a Grant of a Share of the Profit which (hall from Time to Lord! if he Time arife from the Sale of the Timber or Underwood growing on the Ground or Soil fo inclofed, have not the or by a Grant of other Lands, Tenements or Hereditaments, or of an Annuity or Rent-charge i(ruing fhere'i!r''or be *'"'■ ^'^ ^^^^ ^^^^ Ground or Soil fo inclofed, or out of other Lands, Tenements or HereditameiUs ; fuch difabled to alien. Equivalent to be held and enjoyed by the Owner or Owners of fuch Waftes, Woods and Paftures, and fuch as fhall be intitled to the fame in Reverfion, Remainder or SuccefTion, in like Manner as the Pari(h willing to Eftate in fuch Waftes, V/oods or Paftures, is limited to be held and enjoyed; and in cafe the Inhabi- fi^h^'^i^'^ 't'h ** tants of any Parilh or Townftiip (hall be willing to acquire fuch Right of Inclofure, for the Employment Employment of '^^^ Benefit of the Poor of the faid Parifli or Townfhip, and any Recompence ftiall be agreed to be given their Poor, for the fame, it ftiall and may be lawful for the Overfeer or Overfeers of the Poor of fuch Parilh or Townftiip (by the Confent and Direction of the major Part of the Inhabitants thereof, alTemblcd at a Veftry or ]iub!ick Meeting to be held for that Purpofe, publick Notice being firft given of fuch intended Veftry or Meeting, in the Church or Chapel belonging to fach Purifti or Townlhip, on three Sundays Recompence at the Icaft before fuch Veftry or Meeting (hall be held) to pay or purcliafe fuch Recompence out of .ind other any Monies arifing from the Rates raifed or to be raifed, for the Relief of the Poor ; and out of fuch paid ou of "the ^°"'^s to pay from Time to Time fuch Charges and Expences as Ihall be necelTary for inclofing and Poors Rate, preferving fuch Grounds fo inclofed ; and fuch Overfeers or Overfeer ihall from Time to Time apply and the Profits the Profit which (hall arife from the Sale of the Timber or Underwood growing thereon, towards the to be applied in Relief of the Poor of the faid Parilh or Townfliip ; and Ihall account tor the fame in like Manner Aid thereof, as he and they is and are by Law obliged to account for the Rates colleded for the Relief of the Poor. Agreements to III. Provided always, That every Agreement for any fuch Inclofure (hall be in Writing, and (igned r-'if"r d w'^h ^^ ^'^^ Parties, and the fame (hall be regiftered and inrolled by the Clerk of the Peace for the County, [n'thiet^Momhs^ Ridlii" or Divifion where fuch Waftes, Woods or Paftures, or the greater Part of them (hall lie, within three Months next after the Execution of fuch Agreement. Perfms ag- IV. Provided alio, and be it enaded. That it Inall and may be lawful to and for all Perfons or Bo- griev'?! miy ap- dies Politick or Corporate, who ftiall think themfelves injured or aggrieved by fuch Agreement, or for <^MuTtCT-Sem- ^'^y Perfons in their Belialf, within fix Months next after any fuch Agreement (hall be regiftered and ons. ' inrolled in Manner aforefaid, to make Complaint thereof by Appeal to the Juftices of the Peace at any Quarter-Seftions to be held for the fame County, Riding or Divifion, who are hereby authorized and In cafe there b.e '■eq"ied to hear niid determine fuch Appeal, and whole Determination therein ftiall be final ; andifnQ ro Appeal, fuch Appeal fhall be made, then the faid Agreement fo regiftered and inrolled as aforefaid (ball be for fUnj'fo»"j' '° ^ "' binding to all Perfons whatfoever, without any further or other Appeal, 4 V. And
 * Inclofure will alfo be of publlck Utility ;' Be it therefore enafted by the King's moft Excellent Majefty,