Upper Dunsforth and Branton Green Enclosure Award (WYAS Wakefield ref B11)

Transcription

1 Upper Dunsforth and Branton Green Enclosure Award (WYAS Wakefield ref B11) Public Roads (page 93) And we do set out and appoint order determine and award that there shall be several common public highways or roads next herein after mentioned that is to say one common public highway or road sixty foot in breadth between the ditches as and where the same is now staked out or laned of leading from an ancient gate dividing the said townships of Upper Dunsforth and Branton from the township of Grafton across the road between the said Gallabar field and Hunday field Southward nearly in a direct line through the said township of Upper Dunsforth and Branton to the township of Great Ouseburne and now used as a turnpike road and herein called the Boroughbridge road. And also one other common public highway or road sixty foot in breadth between the ditches as and where the same is now staked out or laned of leading out of and from the said last mentioned road to and over the said Gallabar field between the allotments there of John Raper and George Dows unto and into the township of Marton cum Grafton and herein called the Knaresborough road. And also one other common public highway or road sixty foot in breadth between the ditches as and where the same is now staked out or laned off beginning at the place where an ancient Gate heretofore usually stood between the dwellinghouse of Robert Inchboard and a certain other dwellinghouse opposite thereto in the town street of Branton aforesaid and leading from there South Eastwards into and over lands in the said Mellon Ouseburne field unto along and through the ancient highway or lane between the Old Inclosures there leading towards Great Ouseburne which lane shall from henceforth continue and be used as and for a road accordingly. And also leading from the place where the said Gate usually stood the continuing way North Westward over part of the Green or parcel of waste Ground so called in Branton aforesaid unto and into an ancient lane called Brown lane and which roads together are herein called the Great Ouseburne road. And also one other common public highway or road sixty foot in breadth between the ditches as and where the same is now staked out or laned of leading out of and from the said last mentioned part of the said Great Ouseburne road over other part of the same Green or waste ground North Eastward unto and into the lane between the ancient inclosure of the said John Thompson and George Henlock which land shall from henceforth continue and be used as and for a public road in like manner as the same hath heretofore usually been or of right ought to have been used. And also one other common public highway or road sixty foot of size in breadth beginning at the North East end of the said last mentioned highway or lane and leading from there South Eastward and then North Eastward into and over lands in the said Green and Carr or one of them herein awarded to the said George Henlock along the South end and part of the East side thereof to the South West corner of the allotment of (page 94) Thomas Wrightson and which is intended to be left open to the allotment of the said George Henlock there in order that he may have the benefit of the herbage thereof until he shall think proper to lane the same of and from there leading Eastward as and where the same is now staked out and laned of into and over part of the said Green along the Southside of the allotment of the said Thomas Wrightson to the South West corner of Richard Cass's allotment and from there Northward between his and the said Thomas Wrightsons allotment to the North end Page 1 of 9

2 thereof and from there North Eastward unto and into the town of Upper Dunsforth aforesaid which said several parcels of road herein last described from the said Great Ouseburne road are herein awarded and called the Dunsforth road. And also one other common public highway or road sixty foot of size between the ditches as and where the same is now staked out leading from the said Great Ouseburne road North Eastward over the North West end of the Green or parcel of land so called in Branton aforesaid unto and to communicate with the Town street of Branton aforesaid. And also one other common public highway or road sixty foot of size between the ditches as and where the same is now staked out and laned off leading from the South corner of lands in the said Morass Pasture herein awarded to the said John Raper North Eastwards into and over lands in the same pasture to the division fence between the townships of Low Dunsforth and Upper Dunsforth and from there Northward along the Westside of such fence unto the Ancient Gate leading into the said township of Low Dunsforth and herein called Low Dunsforth road. And also one other public highway or road sixty foot of size between the ditches if made leading from the North East corner of land in the said Green and Carr or one of them herein awarded to the said George Henlock southward into and over the said Cousterberry Hill and Seggans along the West side of the fence dividing the same from the township of Great Ouseburne through the several allotments there herein awarded to his Majesty in right of his Duchy the Lord or Lords of the soil of the said Commons and Waste Grounds and Mann Horsfield Esquire unto and into the said township of Great Ouseburne at the South East corner of the said Seggans and which is intended to be left open to the allotments in the said Cousterberry Hill and Seggans in order that the owners of those allotments may have the benefit of the herbage of the same road until he or they shall think proper to fence the same off. And also one other common public highway or road sixty foot of size between the ditches if made leading out of and from the North end of the said Boroughbridge road Eastward and over lands in the said Hunday field herein awarded to William Wilkinson Esquire as Lessee as aforesaid along the South side of the fence dividing the same from the township of Grafton into the North East corner of such allotment and so into the township of Low Dunsforth which road is intended to be left open to the said allotment in order that the said William Wilkinson and the owners and occupiers for the time being of the same allotment may have the benefit of the herbage of the same road until he or they shall think proper to lane of the same. Private Roads And we do also set out and appoint order determine and award that there shall for ever hereafter be the several Private ways or Roads hereinafter mentioned and described that is to say One Private way or road forty feet of size in breadth between the ditches for the use of the several owners and occupiers of lands and tenements within the inhabitants of the said township or territories of Upper Dunsforth and Branton for the time being and their respective servants horses cattle carts and carriages and persons resorting to the same township or territories as and where the same is now staked out and laned off leading out of and from the Town street of Upper Dunsforth aforesaid Westward in a direct line into and over the ancient Page 2 of 9

3 inclosed lands in the same township belonging to his Majesty in right of his crown and the said John Raper which road hath been set out by us for that purpose and for which a compensation is given in the allotments hereby awarded to his said Majesty and the said John Raper respectively and from there still Westward in a direct line into and over lands in the said Carr field unto and into the public highway or road called Brown lane. And also one other private way or road forty foot in breadth between the ditches for the use of the same persons and for like purposes as herein before expressed with respect to the last mentioned private road leading out of and from such last mentioned private road southward in a direct line into and over lands in the said Carr field between the allotments of the said John Thompson and John Raper on the East and Mrs Bowes on the West into unto and along an ancient lane leading to the town of Branton which lane shall from henceforth continue and be used as and for a road accordingly. And also (page 95) one other private way or road thirty feet in breadth between the ditches as and where the same is now staked out and laned of for the use only of the said Robert Sun, John Hornby, George Inchbald, John Raper and William Wilkinson respectively and their respective heirs, executors, administrators and assigns, owners or occupiers for the time being of the lands and grounds adjoining there and their respective servants, horses, cattle, carts and carriages leading from the South East corner of lands in the said Hunday field herein awarded to the said Robert Sun North Westward inbto and along lands in the same field unto and into lands in the Morass Pasture herein awarded to the said William Wilkinson as lessee as aforesaid. And also one other private way or road twenty feet in breadth as well for the use of the owners and occupiers for the time being of lands in the said Long Moor field herein awarded to the said Thomas Wrightson, Sir John Stapleton, John Thompson as lessee as aforesaid and George Henock as also for the use of the said John Thompson his heirs, tenants and assigns being owners or occupiers for a time being of a certain estate called Gire Gills now belonging to the said John Thompson in the township of Marton and for their respective servants, horses, cattle, carts and carriages leading out of and from the said Boroughbridge road into and over the South end of lands in the same field herein severally awarded to the said Thomas Wrightson, Sir John Stapleton and John Thompson unto into and so as to communicate with the said estate called Grire Gills he the said John Thompson having at the request of the proprietors of lands and grounds in the said township or territories of Upper Dunsforth and Branton aforesaid given up his Ancient road thereto over the said Long Moor field for benefit in consideration of the use of this road being awarded to him as above mentioned. And also one other private road forty feet in breadth between the ditches and herein called the Mill field road for the use of Men, horses, cattle, carts and carriages as and where the same is now staked out or laned of leading out of and from the said Boroughbridge road at the South West corner of William Doves allotment eastward into and over lands in the said Mill field between the allotments there of the said John Thompson and William Dove unto and into the ancient highway called Brown lane. Page 3 of 9

4 And also one other private way or road twenty feet in breadth for the use of the owners and occupiers for the time being of lands in the said Mill field herein severally awarded to the said John Thompson, George Henlock and the ancient inclosed lands now severally belonging to the said Mann Horsfield, William Henlock and George Henlock and their respective servants, horses, cattle, carts and carriages leading out of and from the said Brown lane South Westward and along the Eastside of lands in the said Mill field herein awarded to the said John Thompson as freehold to the South end thereof and from thence Southward into and over part of the allotment of eleven acres one rood and twenty two perches herein awarded to the said George Henlock unto the fence of his inclosure adjoining thereon and from there along the ancient road Eastwards and so into and over the North end of the said George Henlock's other allotment in the same field into and along the ancient road over the inclosed lands of the said William Henlock unto and into those of the said Mann Horsfield adjoining thereon. And also one other private way or road for men, horses, cattle, carts and carriages over the south end of the said parcel of land called the Green in Dunsforth aforesaid left uninclosed for that purpose into the old inclosure of the said John Raper. And also one other private way or road twenty feet in breadth for the use of the said John Thompson, Robert Inchbald, Sir John Stapleton, Mrs Bowes, William Woodward and John Hornby and their respective heirs and assigns, tenants and lessees being owners and occupiers of the old and new inclosed lands over and into which this road is intended to be awarded leading out of the said last mentioned lands of the said John Raper Northward into and over the Westside of lands in the said March herein awarded to the said John Thompson unto into and over the West end of Robert Inchboards allotment there unto into and over the old inclosed lands of the said Robert Inchboard and Sir John Stapleton where the ancient road has usually been and so unto into and over the West ends of the lands in the said Cankhill herein awarded to the said Mrs Bowes and William Woodward unto and into the old inclosed lands of the said John Hornby airing on the North side thereof. And also one other private way or road twenty feet in breadth for the use of the said owners and occupiers for the time being of lands in the said Gallabar field herein awarded to the said James Bickerdike and George Suneaton and their respective servants, horses, cattle, carts and carriages leading out of and from the North end of the said Boroughbridge road Westward into and over lands in the same field herein awarded to the Vicar of Aldborough and his successors on the Northside thereof unto and into lands in the same (page 96) field herein awarded to the said James Bickerdyke and from there Southward over the East end of the said James Bickerdike's allotment unto and into the land so awarded to the said George Smeaton. And we do also set out and appoint order determine and award that there shall be one public Bridle way or road on the Northside of the said lands in the said Gallabar field herein severally awarded to the Vicar of Aldborough aforesaid and his successors and the said James Bickerdike as and where the same hath usually been. And we do also set out and appoint order determine and award that there shall be a public foot way or road leading out of the said ancient lane called Broadgate at the South East corner of lands in the said Hunday field herein awarded to William Page 4 of 9

5 Henlock North Westwards nearly in a direct line into and over the same lands unto and into the Turnpike road leading towards Boroughbridge and so continuing along the said Turnpike road to the South East corner of lands in the said Gallabar field awarded to the said George Dews and from there North Westward nearly in a direct line into and over the same lands of the said George Dews unto and into the road herein awarded and called the Knaresborough road and from there Northward into and over lands in the same field herein awarded to the said John Raper along the west side of the subdivision fence already made across the same allotment to the Northside thereof and from there Westward along part of the Northside of the same allotment to the South East corner of lands in the same field herein awarded to the said George Smeaton and from there Northward into and over the East end of the same lands as near the fence as conveniently may be unto and into and along the private road herein awarded over the East end of James Bickerdikes allotments there unto into and along the Bridle road on the North side thereof to the ancient Gate leading into the township of Grafton. And we do also set out determine and award that the private way or road leading unto, into and over the lands herein awarded to the said Mann Horsfield called Biglands shall be for ever hereafter continued as and where the same hath usually been in order that the said Thomas Wrightson his heirs tenants and assigns may use and enjoy the same in and for the convenient occupation of his ancient inclosure adjoining on the said Biglands and that the ancient way or road as the same is now staked out and fenced or laned off leading out of and from the said Boroughbridge road into and along the said Broad Gate and Brown lane respectively in the town of Branton aforesaid and also the ancient way or road leading out of and from the private road herein awarded over part of the South end of Dunsforth Green into and over ancient inclosed lands of the said John Raper, William Gibson and his Majesty in right of his Crown and so Eastward into and along the ancient lane there unto the old inclosed lands of the said John Raper (which lands adjoin on the river Ure) shall from henceforth continue to be used in like manner and for such purposes as the same roads have heretofore usually been and not otherwise. And that all other ways, roads and paths whatsoever in and throughout the said township or territories of Upper Dunsforth and Branton (other than and except such as and herein before respectively awarded and mentioned or intended to be continued) shall from henceforth cease and be for ever discontinued. And we do also determine and award that all such private ways or roads in and throughout the said township or territories of Upper Dunsforth and Branton or either of them and parts and proportions thereof as already are or hereafter shall or may be laned or fenced off (whether hereby directed to be so done or not) shall from time to time when and so long as the same shall be respectively laned or fenced off in a sufficient manner be maintained supported and kept in sufficient repair by such and the same persons and in such and the same manner as the Public Highways or roads within the same Township or Territories are or shall by said be directed to be maintained or repaired. And that all such private ways or roads or such part or parts thereof as are or shall remain or be open to and unfencedoff in a sufficient manner from the lands or grounds of or belonging to any person or persons over along or through which the same are hereby respectively ordered or awarded shall during the time and when and as often as the same shall be open to or unfenced off the same as aforesaid but no longer be respectively maintained and kept in sufficient repair by and Page 5 of 9

6 at the expense of the respective owners or proprietors for the time being of the lands or grounds in over along or through which any such open or uninclosed road or way or any part thereof shall go or be or by (page 97) his her or their respective lessees tenants or assigns as far as the same shall extend in or over or along his her or their property respectively and further that it shall and may be lawfull to and for any such owner or proprietors respectively his her or their respective tenants lessees or assigns if permitted so to by his her or their respective landlord or landlady from time to time to lane off or fence off all or any of such private ways or roads and to continue or lay the same open against his and their free will and pleasure except in such cases only where the same are herein before directed to be laned or fenced off notwithstanding anything herein contained to the contrary. Ditches Also we the said commissioners do set out appoint order determine and award that there shall be a Drain or Water sewer in the course the same now runs of sufficient width and depth to carry all the water freely which shall flow therein or which ought to be carried off by the same beginning in the Westside of lands in the said long Moor field herein awarded to John Thompson Esquire of leasehold and running from there South Eastwards into through and across the same and other lands in the said field herein awarded to Sir John Stapleton Baronet into lands there herein awarded to Thomas Wrightson wherein the same makes a turn North Eastwards through and over the said lands into and through the said Boroughbridge road to the South West corner of William Henlock's allotment in Hunday field and from there Eastward along and through the South end of the same allotment and after making a short turn Northward at the South East Corner thereof and from there Eastward into and through the South end of lands in the said Hunday field herein awarded to Robert Inchboard and so forwards into and through the allotments of his Majesty in right of his crown and Mann Horsfield Esquire to the West end of the ancient inclosure belonging to the Vicarage of Myton and from thence turning Northward along all the Eastside of the said Mann Horsfield's allotment in the said Hunday field Eastward into and through the South corner of lands there herein awarded to the said William Kirkinson as lessee as aforesaid and from thence still Eastward into and through part of his Heran allotment and then turning North Eastward across the same allotment to lands in the township of Low Dunsforth and from thence South Eastward along the outward boundary of the same allotment into and from thence Eastward along and through the Northside of lands in the said Hunday field herein awarded to the said John Raper and so Southwards along and through the East end of the same allotment unto into and through the East end of old inclosed lands of the said John Raper and his Majesty as right of his crown to the South corner of the said John Raper's Morass allotment and so across the road herein awarded and called the Low Dunsforth road and from thence North Eastward along the South East side of the same road to the outward boundary of lands in the Lordship of Low Dunsforthand so South Eastward in part and Eastward in other part along the Outward boundary of the township or territories Upper Dunsforth and Branton aforesaid belonging the same from the township of Low Dunsforth to the North East corner of an ancient inclosure belonging to Mr George Henlock where the same runs Eastward into the township of Low Dunsforth. And that the said drain or water sewer shall from time to time for ever hereafter be scoured cleansed and kept in sufficient repair so as to carry off the water which shall or ought to run therein as aforesaid by and at the expense of the several Page 6 of 9

7 and respective owners and proprietors of the lands and grounds in the said township or territories of Upper Dunsforth and Branton through or as? on the Ditch to which the same is herein respectively awarded and in or against the ancient inclosures by those to whom the repairs of such drain or water sewer hath henceforth usually belonged so far as their respective lands grounds or allotments extend along the same or by their respective tenants or assigns. And we do also order determine and award that all other ditches drains and watercourses whatsoever within the township or territories of Upper Dunsforth and Branton respectively in or through which any water ought to flow or run of or from the lands and grounds of any other person or persons in the same township or territories besides those of the person or respective persons to whom such ditch drain or water sewer do or may belong shall from time to time for ever hereafter be scoured cleansed and kept in sufficient width and depth and so and in such manner that all the water which ought to flow or pass in or along the same may freely run therein without stoppage and be carried into the proper drains or sewers for taking of the same and that each and (page 98) every of the said proprietors for the time being and their respective tenants, lessees and assigns shall be at liberty to let such water into his or her neighbours or next adjoining ditch or drain for the better carrying of the same when necessary.. And we do order determine and award that when any owner or owners of any part or parts of the lands and grounds in the said township or territories of Upper Dunsforth and Branton aforesaid or either of them shall dig or rut any ditch or ditches over his or her grounds respectively and the end or ends of such ditch or ditches shall happen to fall against the side or at the corner of any other person's ditch then every such person so digging or cutting as aforesaid shall make, set up and maintain posts on such other persons bank onto rails across such other person's ditch at the end of every such ditch so falling as aforesaid in order to prevent cattle from straying out of one close, allotment or parcel of ground into another. Public and Private Road herbage And we do likewise order determine award and direct that the grass growing upon or herbage of the several public roads herein awarded and directed to be laned off and also of such and so many of the said private ways or roads or any part of the same as is or are not herein awarded through or over the allotment or allotments of any person or proprietor shall not nor shall any of them be used in common by the said several owners and proprietors nor by any other person or persons whomsoever but the grass growing thereupon or herbage thereof respectively shall yearly and every year for the space of five years from the date of this award be publickly sold by the surveyors of the highways of the said township or territories of Upper Dunsforth and Branton for the time being or the major part of them to the best bidder or bidders who during that time shall only be at liberty to mow and carry away and not to eat off the same and that from and after the expiration of the said five years the said grass or herbage shall at the discretion of the said surveyors be in like manner publickly sold or let to be mown or eaten off with cattle at their discretion. And that the money to be raised by each such letting or sale shall from time to time be applied by the said surveyors for the time being in and towards the repairs of the private ways or roads within the said township or territories of Upper Dunsforth and Branton aforesaid and of any drains Page 7 of 9

8 through or across any of the said public or private roads or in the purchase or repairs of anything requisite thereto. And we do also order award and direct that upon all public and private roads (where afforesaid are not herein awarded to be made to lane off the same) the owners of the lands adjoining upon and laying upon and laying open thereto shall have the herbage and benefit thereof so as they do not injure the Quickwood adjoining and that all such owners shall hang and maintain proper gates in a line with his her or their respective outfence or fences across such roads not laned of unless he she or they shall at any time hereafter chose to lane off the same and we do further order and direct that all the gates, posts and jambs at the different ends and bounds of the of the said township or territories of Upper Dunsforth and Branton or either of them and at he extremities thereof which now or shall be necessary to be erected and maintained across any of the public highways hereby awarded and directed to be laned off shall be made placed and erected and for ever hereafter maintained and kept in repair at the common charge and expense of the inhabitants of the said township or territories of Upper Dunsforth and Branton for the time being in like manner as they are obliged to repair the public highways there. And we do also order determine and award that were any foot roads are herein directed? stiles shall be made in and over the respective fences. And that bridges shall be laid across the respective ditches or watercourses in such foot roads and shall afterwards respectively be for ever maintained by the respective owners or occupiers of the lands or grounds to which such fences and ditches belong. And also that the several and respective owners and proprietors of all and every the lands and grounds in the said township or territories of Upper Dunsforth and Branton aforesaid or their respective tenants, lessees or assigns shall make and for ever sufficiently maintain such gates with proper posts or jambs for the same to hang upon and fall against and gateways as shall be necessary for waying themselves respectively out of any of the said public or private ways or roads into their respective lands grounds or allotments whether the fence in which such gate shall be placed be herein awarded to be made or repaired by him or them or not and that each and every of the same owners and proprietors (page 99) to whom the repairing of such gate or gateway doth or may belong or their respective tenants lessees or assigns shall also respectively from time to time make out for ever maintain sufficient bridges, tunnels or goat stocks over the ditch or ditches in or across such gateways respectively of sufficient width and depth and in such manner that the water which ought to flow therein may have a free passage under or through the same in all times to come. And lastly we do hereby settle adjust determine and award that the said Henry Lord shall pay the sum of forty nine pounds seventeen shillings and four pence in lawfull money of Great Britain unto George Townend of the City of York Gentleman (the person hereby appointed by us to receive the same) on or before the first day of March next being the proportion of the costs charges and expenses incurred in and about the passing and executing the said act and incident thereto as settled and adjusted by us according to the value of the lands and grounds allotted to the said Henry Lord by virtue thereof as aforesaid all the rest of the proprietors interested in the said division and inclosure having duly paid their proportion of the said costs charges and expenses. Page 8 of 9

9 In witness whereof we the said John Outram, John Graves and Joseph Butler have hereunto set our hands and seals the eleventh day of January in the sixteenth year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and seventy six. Page 9 of 9