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.