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.