APPENDIX A (6)
Knaresborough Forest.—Enclosure Act, 1770
Area.—About 20,000 acres.
Nature of Ground.—Open, Commonable or Waste Lands.
Parliamentary Proceedings.—February 8, 1770.—Petition for enclosure from several freehold and copyhold tenants within the Forest; stating that the said tracts are of little advantage now, whereas it would be of public utility to have them divided into just allotments and enclosed. Leave given, bill presented, read twice, March 19; committed March 28. Petition against the bill from ‘a very great Number of the Freeholders, and Customary or Copyhold Tenants having Right of Common,’ stating that the bill contains provisions very injurious to the petitioners and others. Referred to the Committee.
Report and Enumeration of Consents.—May 7, 1770.—Lord Strange reported from the Committee that the allegations of the bill were true, that no person had appeared before the Committee to oppose the bill, and that ‘the Parties concerned had given their Consent’ ‘(except the Proprietors of Land in the Seven Lower Constableries, assessed to the Land Tax at £47, 2s. 3d. per Annum, and the Proprietors of Land in the Four Higher Constableries assessed to the Land Tax at £118, 3s. 6¾d., and that the whole of the Assessment in the Seven Lower Constableries, and for Estates of several Persons adjoining, being within the District called the Forest, in virtue whereof Right of Common is enjoyed, amounts to £497, 1s. 4½d., and in the Four High Hamlets to £183, 9s. 8d.).’
The bill passed both Houses and received the Royal Assent on May 19.
Main Features of Act.—(Private, 10 George III. c. 94.)
Commissioners.—Five appointed. William Hill of Tadcaster, Gentleman; Joseph Butter of Bowthorp, Surveyor; William Chippendale of Ripley, Surveyor; John Flintoff of Boroughbridge, Surveyor; Thomas Furness of Otley, Gentleman. Vacancies to be filled up by remaining Commissioners. Three are a quorum.
Arbitrators.—Nine appointed by name. Two can act. Vacancies to be filled up by Commissioners from barristers.
Surveyors.—Three named, two of them are also Commissioners. Vacancies to be filled up by Commissioners.
Payment to Commissioners, Arbitrators and Surveyors.—Nothing stated.
Claims.—All claims to be delivered in at the first, second or third meeting; claims must be in writing and must specify and contain ‘an Account and Description of the Messuage or Messuages, antient Building or Buildings, and Lands’ in respect of which the claim is made, and also the name or names of the person or persons in actual possession. For a month after the third meeting all claims are to be open to the inspection of other claimants. Failure to deliver in ‘such Writing and Account as aforesaid’ at the first three meetings debars the would-be claimant from all right to allotment, ‘Infancy, Coverture, Lunacy, or any other general legal Impediment whatsoever of or in any such Person in anywise notwithstanding.’
If claims are duly made and no objection raised to them by any person, they are to be allowed finally and conclusively at the fourth meeting; and no right so allowed can be disputed afterwards. Supposing objections are made by any two other claimants or by any Commissioner present, then the matter is to be referred to two or more of the arbitrators whose decision is to be final and conclusive. If unreasonable, unjust, frivolous or vexatious claims or objections are made, the Arbitrators can assess the costs on the maker.
In deciding on claims, 40 years’ enjoyment of commonage is to be considered to confer a right, when it is enjoyed in respect of owning ancient messuages, etc., whether situated within or without the limits of the Forest (save and except in respect of Commonage by Vicinage).
The quantity and the value of the lands in virtue of which claims are made, are to be adjudged by the Commissioners, and such judgment is to be final and conclusive, but no ancient Messuage or Building or Scite thereof is to be allowed at greater value than any other.
Disputes between landlords and tenants are to be referred to the Arbitrators, and their award is to be final and conclusive.
System of Division—Special Provisions:
Provisions for the Lord of the Manor (the King).—(1) One-tenth part of the whole, after allotments for Stone Quarries, watering places and roads have been deducted; ‘the said Tenth Part to consist of a proportionable Share of the best and worst kind of Land as near as may be.’
(2) All incroachments made within 40 years, and held by persons not entitled to right of common; but see Incroachments.
(3) The King’s rights to Mines, Minerals, and Quarries (except Stone Quarries) are not to be prejudiced, but he or his lessee is to pay reasonable satisfaction for any damage done, such satisfaction to be determined by 2 or more J.P.’s, or, if the parties are still dissatisfied, by a Jury of 12.
Provisions for Tithe Owners.—Such portions as the Commissioners shall adjudge to be ‘full Recompence and Satisfaction.’
For Stone Quarries, Watering Places, and Roads.—Such allotment as the Commissioners think requisite.
For Harrogate Stray.—‘Whereas there are within the constableries of Bilton with Harrowgate and Beckwith with Rosset, or One of them, certain Wells or Springs of medicinal Waters, commonly called Harrowgate Spaws, to which during the Summer Season great Numbers of Persons constantly resort to receive the Benefit of the said Waters to the great Advantage and Emolument of Tradesmen, Farmers, and other Persons in that Neighbourhood, and the Persons resorting to the said Waters now have the Benefit of taking the Air upon the open Part of the said Constableries,’ it is enacted that 200 acres of land near the said springs shall be set apart and left free and open for ever. The Freeholders and Copyholders within the said Constableries are to have right of pasture on these 200 acres, the stint being regulated by the Commissioners, and such right of common being taken as part of their respective allotments.
For the Poor.—None.
Allotment of Residue.—To be allotted to the Persons entitled to commonage ‘in Proportion to the real Value of their several and respective Messuages, Lands, and Tenements’ in respect of which they are entitled. Quality and situation to be considered in settling the Quantum. Allotments must be accepted within six months after award (see also Fencing).
Award to be drawn up with all particulars, but nothing is specifically said about its being final. It is to be Evidence in Courts of Law.
Stone Quarries are to be vested in the landholders. Allotments to be of the same tenure as the property in virtue of which they are given. Timber is to belong to copyholders as if they were freeholders. Disputes arising in the execution of the Act, which do not affect the persons in general interested in the Inclosure, can, if all the Parties concerned in the particular dispute wish it, be referred to some other Arbitrator or Arbitrators not mentioned in the Act, and his or their decision is to be final.
Incroachments.—(1) Incroachments 40 years old and upwards, with all buildings thereon, to be absolute property of persons in possession; but Copyhold.
(2) Incroachments made within 40 years.
(a) If incroachers are also owners who have a right of common, then the incroachments are to be given as their respective allotments (reckoning the value of the land only). If any particular incroachment is bigger than the allotment to which the incroacher is entitled, the surplus ground is to be treated as ordinary distributable ground.
(b) If incroachers are not entitled to right of common, then their incroachments, together with all the buildings on them, are to go to the King as Lord of the Manor; But whereas these incroachments ‘consist chiefly of Buildings and Inclosures which have been erected and inclosed, or are held and enjoyed by poor Persons who have, by their own Industry and Labour, built and improved the same, or by Persons who have been at considerable Charges therein,’ His Majesty is graciously pleased to grant Leases for 40 years in possession, ‘to the End no Person whatsoever may be removed from or deprived of his, her, or their present Possessions.’ These leases are to hold good even though not amounting to one-third of the improved annual value of the incroachments. After 40 years, full rents must be taken. Exception to (2 b).—Small incroachments made for Workhouses, for cottages of Poor chargeable to the Parish, or for Free Schools, are to be assigned to Trustees for benefit of the users.
In spite of above provisions any Incroachments which the Commissioners think fit can be set out for roads, ditches, or fences, etc.
Fencing.—In the paragraph about selling land for expenses it says that the Ring fences to be made by Commissioners, but elsewhere it says fencing to be done by allottees under Commissioners’ directions. Exception.—Tithe allotments which are to be fenced by other proprietors, and certain other cases. If allottees do not fence, Commissioners do it for them and charge. If any persons think their allotments not worth fencing, then two or more of them whose allotments are contiguous can agree to leave them unenclosed, provided that within 12 months they set up a good stone wall or other substantial Fence between their allotments and those of others. They must keep this wall or fence in repair always.
No sheep or goats to be kept for 7 years in any Inclosure adjoining a boundary fence, unless a special wall or Pale-fence is provided.
Expenses.—To be defrayed by sale at auction of parcels of land. Any surplus to be distributed amongst allottees in proportion to allotments. But if a Majority in Value of the persons interested do not wish any land sold, they can signify the same in writing, and can deposit a sufficient sum of money for the purposes of the Act with the Commissioners, and then the provisions for sale cease. Mortgages, in certain cases up to 50s. an acre, to meet expenses are allowed.
Roads.—In Award, Commissioners are to give orders for laying out roads, etc.
Compensation to Occupiers.—None.
Power of Appeal.—To Quarter Sessions only, and not in cases where decisions are said to be final and conclusive.
Award.—June 25, 1775. Duchy of Lancaster.
Amending Act, 1774.—(Private, 14 George III. c. 54.)
Parliamentary Proceedings.—February 21, 1774.—Petition from Sir Bellingham Graham, Bart., Walter Masterman, Esq., and others stating that the land to defray expenses is not yet sold, and asking for an amending Act to enable the Petitioners and others to pay their respective shares instead of the land being sold. Leave given and bill brought in. March 23, 1774, Petition from Mary Denison of Leeds, widow, and her heirs, who had ‘neglected to deliver her Claim of Common Right within the Time limited by the said Act, of which Neglect the Petitioners were not acquainted till after the Third Meeting of the Commissioners; soon after which the Petitioners caused a Claim to be made and delivered, but the said Commissioners refused to accept the same,’ asking for relief. Petition referred to the Committee, with instructions that they have power to make provision in the bill.
March 25.—Petition from several persons asking relief on same grounds as Ellen Oxley (see April 15 below).
Petition from various persons asking that their allotments may be near within their townships.
April 14.—Petition from Daniel Lascelles, Esq., Sir Savile Slingsby, Oliver Coghill, Esq., and the Rev. William Roundell stating that they sent in claims as owners of rights of common; that these claims were referred to the Arbitrators; and that ‘it was discovered that Mistakes were made in the Description of such Tenements, or some Parts therof; and that, notwithstanding the said Errors arose merely from Inadvertency, and in no respect altered the Merits of the Petitioners’ Claims, the Arbitrators did not think fit to permit the Petitioners to rectify the same,’ but disallowed the claims. The Petitioners ask for reconsideration.
April 15.—Petitions from Rev. Thomas Collins who through ‘Inadvertency’ had neglected to deliver in his claim of common right in respect of two Copyhold Messuages within the specified time, and from Francis Bedford, ditto, re copyhold close.
April 15.—Petition from Ellen Oxley and John Clarke, stating that they preferred claims of common rights to the Commissioners; that these claims were objected to and referred to the Arbitrators, who heard divers claims, several of which they disallowed; that as Ellen Oxley and John Clarke could not produce such evidence as was required by the Arbitrators in support of their claims, they withdrew them; that subsequently a Verdict was produced and read in evidence to the Arbitrators, by means of which similar claims were allowed.
Bill passed both Houses. Royal Assent.
Main Features of Amending Act.—(Private, 14 George III. c. 54.)
New Commissioner added, Richard Richardson (who was one of the Surveyors under the former Act).
Expenses.—Commissioners can set out allotments without abatement for sale to 48 persons named, and other allottees who give notice. In the case of these allottees, the Commissioners are to settle their quota of charges and assess them accordingly.
The Commissioners in rendering their account may charge one guinea a day for loss of time, and 10s. a day for expenses. The surveyors’ charges must be ‘reasonable and moderate.’ The Commissioners must give an account before they call for payment, and the account is to be open to inspection at the charge of 6d.
Claims.—The claims of 32 persons named, which have been disallowed or withdrawn (1) for want of evidence; (2) for misnomers; (3) for failure to deliver in time, are to be reconsidered. Such claims must be delivered in at the first meeting, and must not be greater than they were before. They can be referred on appeal to the Arbitrators as before, but the appellant must now give security for costs in case the appeal fails.
Incroachments.—As some encroachments of over 40 years standing are found to have no right of common (and so cannot contribute their share to the Tithe Allotment), tithes can be charged on these in the form of rent charges.
Power of Appeal.—To Quarter Sessions in respect of the Commissioners’ accounts, if any person interested thinks any item unreasonable, and no satisfactory explanation is forthcoming.
Award (for 2 Acts).—June 25, 1775. Duchy of Lancaster.
From the Award we learn as follows:—
Over 2751 Acres were sold to meet the expenses of the Act.
The King received 2344 acres.
The tithe owners received 4694 acres odd.
The remainder was divided amongst over 700 different persons and bodies. The allottees’ shares varied from as much as 1386 acres (Devisees of Sir John Ingelby, Bart.) down to a few perches.
The amount that went to trustees for the use of the poor, including the various small incroachments (for schools, workhouses, etc.), which were allowed to stand was about 32 acres.
Notes on After-History.—Annals of Agriculture, vol. xxvii. p. 292.—In 1793 Arthur Young bought an estate in Knaresborough Forest of about 4400 acres; 4000 acres of this was waste land, let out at a rental of 6d. an acre; 2751 acres of the estate were copyhold, and had been sold to pay the expenses of inclosure. The rest had formed part of the King’s allotment, and was hired on a long lease. On the 400 acres of cultivated land there were 3 farmhouses. The game of the waste was let for £30 a year; peats dug from it produced £6 to £8 a year, and Arthur Young calculated that one Scotch wether could be supported per acre.