Letter – Richard Scruton – 1 Oct 1798

Document Type: Letter
Date: 1 Oct 1798
Correspondent: Richard Scruton
Archive Source: DUL CCB B 182 121
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Preamble  - Preamble, stating the Lands, Parties, & proposal to inclose.


Enacts that the Lands be divided by Commiss[ioner]s/ Power to appt. new Comm[issione]rs/ 

Form of Oath


Appoints Arbitrators as to disputed Claims &tc, with power to appt. new ones, & form of Oath


Boundaries to be rode before the 2nd Meeting: if disputed to be settled by Reference, & (failing that) by a Jury.

Surveyor & Survey.

Commiss[ioner]s to app a Surveyor. Survey to be made. Commiss[ioner]s to fix the price, not exceeding [blank] per acre.

Incroachments -Incroachments (except of 20 Years or upwards) to be included in the Inclosure.

Notice of Meetings - Notice to be given of  M [last line obscured]


Parties, or their Agents &tc, to give in their Claims. If disputed, to be referred to the Arbitrators, & det. in 6 Mo. Power to summon & examine Witn[esse]s. Persons giving false Evidence liable to the Penalties of Perjury. Office Copies admissible Evidence. Arbitrators may award Costs.

Valuation - Commiss[ioner]s to value the Lands


To set out Roads, & Stonepits or Gravel pits for the Roads. No Gates across the Roads. No Trees to be planted within 20 feet of the Roads that are nearer than 60 feet to each other Surveyor of the Roads to be appt. Proviso as to width of Roads.

Watercourses - Power to divert Watercourses 

Cessation of Common Rt. - Common Right to cease as soon as the Stakes are drove

Leases - Leases at each Rent to be void.


Commiss[ione]rs to allot [blank] to the Lord of the Manor for his R[ight] of Soil 

to allot  [blank space] to the Rector in lieu of his Tythes of the Lands inclosed.

      Qu. a Propn. of these 2 allotms vested in <Feu> for Supporting Chapels & Schools

the Residue Tythe free to Persons havg. Rt. of Common or Stints in Perp[etuity] to their Rights.

Qu. the <raising> =from 700 to= 1000£ for <Erectg> a Chapel, a Curate’s House & 2 School houses 

The Allotments to follow the Estates for which they are made.

Tythes of Old Inclosures 

Commiss[ione]rs to fix a Money Rent for the Tythes of the old Inclosures, except where the Rector & the Propr[ietor]s shall prefer a Compens[atio]n by allotmt of Land.

Award - Comm[issione]rs to make an Award

Parties to accept &tc

Parties, or their Guardians, to accept their Allotmts., & inclose; In default, Comm[issione]rs may inclose

As to Settl[ement]s - No Settlem[en]t or Right of <Dower> to be affected

Saving to Lord. - Saving to the Lord & those claimg. under him of <manorial> & mineral Rights

      Qu. as to mode of Satisfaction for damage in working Mines?



Power of Propr[ietor]s, with Comm[issione]rs Consent, to exchange old or new Inclosures


Power of the Bishop’s Lessees to plant & cut Timber upon the new Inclosures

Power to infranchise	

Power of the Bp to infranchise any of the copyhold or Leasehold new Inclosures the Purchase Money being to be laid out in the Purchase of Episcopal Estate in the County, or the Episcopal Land tax.

Powers to lease

Powers for the Bishop & Rector to lease for 21 Years; the 1st Leases to be with Concurrence of the Commiss[ioner]s.

Provision for Exp: of Inclosure

Power for Ten[ant]s for Life &tc to raise Money by Mortgage of their new allotmts. & for the Comm[issioner]s by Sale of part of the Bps & Rectors new allotmts., to pay Exps of the Inclosure not exceedg. 40s per Acre

Enacts that Marriages in the St. John’s Chapel in Stanhope shall be good. The Rector to have half the Fees. _	

Exp: of Act &tc

Provision as to Exp: of Act   - of Comm[issioner]s - & of Arbitrators

Appeal	- Appeal to 2 <Inspectors>

Saving	- Genl Saving
Undated and unsigned early draft of the main headings of the Bill to be put before Parliament regarding the enclosure of common land in Weardale. Possibly from Richard Scruton, the lawyer who drew up the bill in the autumn of 1798. 1st Oct used here

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The Dukesfield Smelters and Carriers Project aimed to celebrate and discover the heritage of the Dukesfield Arches & lead carriers' routes between Blaydon and the lead mines of Allendale and Weardale. A two year community project, it was led by the Friends of the North Pennines in partnership with Hexhamshire and Slaley Parish Councils and the active support of Allendale Estates. It was funded by the Heritage Lottery Fund and the generous support of other sponsors. Friends of the North Pennines: Charity No:1137467