APPENDIX A (1)
The information about Parliamentary Proceedings in Appendix A is taken from the Journals of the House of Commons or of the House of Lords for the dates mentioned. The place where the Award is at present enrolled is given, where possible, under the heading ‘Award.’ A Return, asked for by Sir John Brunner, was printed February 15, 1904, of Inclosure Awards, deposited with Clerks of the Peace or of County Councils.
Armley, Leeds, Yorks.—Enclosure Act, 1793
Area.—About 175 acres.
Nature of Ground.—Waste Ground, called Armley Moor or Common.
Parliamentary Proceedings.—February 21, 1793.—Petition for enclosure from ‘several of the Owners of Lands within the Manor and Township of Armley,’ stating that this parcel of waste ground is, in its present state, incapable of improvement. Leave given, bill presented March 15.
March 28.—Petition against the bill from various owners and proprietors of Messuages, Cottages, Lands and Tenements who ‘by virtue thereof, or otherwise, have an indisputable Right of Common upon the said Moor,’ stating that ‘they conceive that an Inclosure of the said Moor and Waste Ground would be productive of no Advantage to any of the Proprietors claiming a Right of Common thereon, but, on the contrary, would very materially injure and prejudice their respective Estates in the said Townships, by laying upon the said Township the Burthen of making, maintaining, and repairing the necessary new Roads, which must be set out to a considerable Extent over the said Moor and Waste Ground, and also by increasing the Poors Rate, inasmuch as the Petitioners conceive that the Inhabitants of the said Town of Armley, who are very numerous, and principally poor Manufacturers of broad Woollen Cloth, receive considerable Benefit and Advantage from the present open State of the said Moor and Waste Ground, particularly in having Tenters and Frames to stretch and dry their Cloth, Warps, and Wool, after it has been dyed, put up and fixed upon the said Moor and Waste Ground, which Privileges and Advantages have hitherto conduced to alleviate the Distresses and Hardships of the said poor Manufacturers in the said Township of Armley, and which, if the said Inclosure takes Place, they will be totally deprived of and reduced to Poverty and Want.’ The Petition was ordered to be heard on second reading.
April 9.—Bill read a second time. House informed that Petitioners declined to be heard on second reading. The Petition was referred to the Committee.
April 17.—(1) Petition against the bill from John Taylor, giving same reasons as last petition. (2) Petition from various master manufacturers of broad woollen cloth in Armley against the bill, stating that, as the Moor only contains about 160 Acres, inclosure which involves division ‘amongst so great a Number of Claimants in small Allotments,’ and also ‘the heavy and unavoidable Expenses of obtaining the Act, surveying, dividing, inclosing, and improving’ will confer little or no Benefit on the proprietors, whereas it will certainly deprive the poor Manufacturers, who are very numerous, of (1) the Privileges and Advantages of fixing their Tenters, etc., ‘which they and their Ancestors have hitherto enjoyed’; and (2) ‘of that Pasturage upon the said Common which they have hitherto much depended upon.’ Both Petitions to be heard at Report stage; (3) Petition against the bill from various owners and proprietors who ‘at the Instance of several other Owners of Lands’ signed a petition for inclosure, ‘under an Idea, that the Inclosure would meet with the Approbation of, and be of general Utility to the Inhabitants of the said Town,’ but now finding that this idea was mistaken, and that Inclosure would be of general disadvantage, ask that their names should be erased, and that if the bill is brought in, they should be heard against it. Petition referred to Committee. Petitioners to be heard, ‘if they think fit’ (‘they’ ambiguous, might be Committee or Petitioners).
Report and Enumeration of Consents.—April 29.—Wilberforce reported from the Committee; Standing Orders complied with, Committee had considered the two petitions referred to them (apparently they had not heard Counsel), and had found that the Allegations of the Bill were true, and that the parties concerned had given their consent ‘(except the Owners of Land of the Annual Value of £172, 8s. 2d. who refused to sign the Bill; and also, except the Owners of Lands of the Annual Value of £35, 15s. 9d., who declared themselves neuter; and that the Whole of the Land entitled to Right of Common is of the Annual Value of £901, 12s. 1d.).’ There is nothing to suggest that the petitioners against the bill were heard at this stage. The Bill passed Commons and Lords. Royal Assent, June 3, 1793.
Main Features of Act.—(Private, 33 George. III. c. 61.)
Commissioners.—One only. William Whitelock of Brotherton, Yorks, Gentleman. He is also to act as surveyor. Vacancy to be filled, if necessary, by ‘the major part in value’ of those interested in the Common. An arbitrator is to be appointed by the Recorder of Leeds.
Payment to Commissioner.—£1, 11s. 6d. for each working day. As surveyor, his remuneration is to be settled by the Recorder of Leeds.
Claims.—The Commissioner is to hear and to determine upon all claims, but if any one is dissatisfied the matter can be referred to the Arbitrator, whose decision is final. If the appeal is vexatious, the Arbitrator can award costs against the appellant. The Arbitrator’s decision is final except in respect of matters of Title which can still be tried at law.
System of Division—Special Provisions:
Provisions for Lord of the Manor.—(1) The equivalent in value of one-sixteenth of the whole in lieu of his right in the soil.
(2) His other manorial rights to continue as before, including his mineral rights, but he is forbidden to ‘enter into or damage any House, Garden, or Pleasure Ground’ hereafter made on the Common, and if he damages property he must pay for satisfaction either a yearly rent of £3 an acre or part of an acre actually used and damaged, or else make such compensation as shall be awarded by two indifferent persons, one chosen by the Lord of the Manor, the other by the person who sustains the damage. If these two cannot agree, they must choose an Umpire whose decision is to be final.
(3) The Lord of the Manor is to have the use of a spring in the close belonging to Samuel Blackburn.
Provisions for Tithe Owners.—None.
Provisions for the Poor.—(1) Allotment to Cottagers of 8½ acres in six or more distinct and separate places, as near as possible to the Cottages on or adjoining the Common ‘which shall for ever hereafter remain open and uninclosed, and shall be used and enjoyed by the Occupiers of the several Cottages or Dwelling Houses now or hereafter to be built within the said Township of Armley, for the setting up and using of Tenters, Stretchers for Warp, Wool Hedges,’ etc., under the direction of the Minister, Chapel Wardens, and Overseers. No buildings are to be erected on this ground, and no rent paid for the use of it; no roads or paths may be made through it, and no buildings erected within 20 yards on the South or West.
(2) Allotment to the Poor.—2 acres, to be vested in the Minister, Chapel Wardens, and Overseers, and used for a Poor House, School House, and for the benefit of a School master. Until used for these purposes, the rent and profits are to go towards the Poor Assessment.
Allotment for Stone for roads, etc.—5 acres (for the making and repairing of highways and private roads).
Allotment of Residue.—To be divided out amongst the persons having right of common according to their several rights and interests, quantity, quality, and situation considered, provided ‘that in case it shall be determined that the Owners of any Messuages or Cottages, or Scites of Messuages and Cottages, are entitled to Right of Common on the said Common or Waste Ground, then that the said Commissioner ... shall award and allot such Parcels of the Common and Waste Ground to the Owners of such Messuages or Cottages, as have been erected for Sixty Years and upwards, unless the same shall have been erected upon the Scite of an ancient Messuage or Cottage, as to him ... shall appear a fair Compensation for such Right,’ and in making this allotment he is not to pay any regard to the value of these Messuages and Cottages one to another, except with reference to the Quantity of land. If any allottee is dissatisfied with his share, he can appeal for arbitration to the Recorder of Leeds, whose decision is to be final, except in cases where the question concerns any Right of Common claimed ‘for or in respect of any ancient Houses or Scites of Houses, Lands or Grounds,’ when there may be an appeal at law, if notice is given within a specified time. Allotments must be accepted within 6 months after award. Failure to accept excludes allottee from all benefits. (Saving clause for infants, etc.).
Incroachments.—(1) Incroachments 60 years old and more to be treated as old inclosures with right of common, except such Incroachments as have been made by or for the Curate of Armley for the time being. (2) Incroachments from 40 to 60 years old to remain with possessors but not to confer any right of common. (3) Incroachments made within 40 years to be deemed part of the Common to be divided, but to be allotted to present holders as part of their allotments. But if they do not lie adjoining the incroacher’s ancient estates then the Commissioner can allot them to anyone, giving ‘adequate Satisfaction for any Improvement’ to the incroacher. The above does not apply to two inclosures made by Stephen Todd, Esqr. and by Joseph Akeroyd which are to be allotted to them respectively under their present indentures of lease.
Fencing.—To be done by allottees under the Commissioner’s directions. Exception.—The allotment of 2 acres for the poor is to be fenced and enclosed at the expense of the other proprietors. If allottees refuse to fence, the Commissioner can do it for them and charge them, ultimately distraining. To protect the young quickset, no sheep or lambs are to be depastured in allotments for 7 years, unless special fences are made, and no cattle, sheep or lambs are to graze in the roads and ways for 10 years.
Expenses.—To be paid by the proprietors in such proportion as the Commissioner decides. The Commissioner’s accounts are to be entered in a book, and produced when 5 proprietors require it. To meet expenses, allotments may be mortgaged in some cases, with consent of the Commissioner, up to 60s. an acre.
Compensation to Occupiers.—All leases, as regards right of common and other rights on the waste ground for 21 years and under to be null and void, the lessor making such satisfaction to the lessee as the Commissioner thinks a fit equivalent.
Roads.—Commissioners have full power to set out and stop up roads and footpaths.
Power of Appeal.—To Quarter Sessions only, and not in cases where the Commissioner’s or Arbitrator’s decision is said to be final; or where some other provision is made, e.g. to Recorder of Leeds about allotments.
Award.—Not with Clerk of the Peace or of County Council or in Record Office.