The 1888 Award

The Award Download

The Award

This transcription of the parchment document carried out in June 1998 is a true and faithful copy by Paul Palmer clerk to the Conservators of Therfield Heath and Greens

Whereas in the Award of the Valuer in the matter of the Regulation of Therfield Heath and Greens in the Parish of Therfield in the County of Hertford dated the Nineteenth day of April one thousand eight hundred and ninety three and confirmed by the Board of Agriculture on the twenty-first day of April one thousand eight hundred and ninety three there are certain errors and omissions and it is expedient that ‘Such errors and omissions should be collected and supplied’
Now therefore the Board of Agriculture and Fisheries do by virtue of the Agriculture and Fisheries Acts 1889 to 1909 and the Inclosure Acts 1845 to 1899 by this order under their Seal amend the said Award in respect of errors and omissions as aforesaid and accordingly do declare and direct that the particulars set forth therein of ”Lands in respect of which claim, allowed and rights allotted” shall be read as if the column headed “Number on Tithe plan” were omitted and as if in the columns headed respectively “Description” and “Extent” there were inserted the words “by reference to the Award dated the Ninth day of May one thousand and eight hundred and forty eight of the Commissioner appointed to divide allot and inclose all the open and common arable meadow and pasture lands and fields in the Parish of Therfield aforesaid”
In Witness whereof the Board of Agriculture and Fisheries have hereunto set their Official Seat this Eleventh day of September Nineteen hundred and eleven.
LS (signed)
R.H.Rew
Assistant Secretary
The Board of Agriculture and Fisheries hereby Certify this to be a true copy of the, original Order of Amendment
In Witness whereof they have, hereunto set their Official Seal this seventeenth day of April nineteen hundred and twelve,
(seal) R H Rew
Assistant Secretary

To all to whom these Presents shall come.
I William Taylor Rowley of Royston in the County of Cambridge Land Surveyor Send Greeting
Whereas a Provisional Order for the Regulation under the provisions of the Inclosure Acts 1845 to 1878 of Therfield Heath and Greens (hereinafter collectively called “The Common”) situated in the Parish of Therfield in the County of Hertford has been confirmed by the Commons Regulation (Therfield) Provisional Order Confirmation Act 1888 and by the said Provisional Order it was provided among other, things that for the purpose of giving complete effect to such Provisional Order and to enable the Conservators thereby authorised to be appointed to carry out their duties in the most efficient manner there, should be inserted in the Award to be made in pursuance of the said Acts such provisions for the election of Conservators and for filing up vacancies and such other provisions not inconsistent with such Acts as the Land Commissioners for England should think desirable and proper
And whereas the powers and duties of the Land Commissioners for England were by the Board of Agriculture Act 1889 transferred to the Board of Agriculture
And whereas Alfred Nash of Royston aforesaid was duly appointed the Valuer in the matter of the said Regulation and having made the, declaration required by the said Acts duty held all necessary meetings and drew up and sent to the Board of Agriculture his Report in writing in the matter of the Said Regulation with a Map thereto annexed
And whereas the said Alfred Nash departed this life before his duties as such Valuer were duly performed
And whereas I the said William Taylor Rowley have been duty appointed the Valuer in the said matter in the stead of the said Alfred Nash and have made the, declaration required by the said Acts and in all other respects complied with the provisions of the said Acts
And whereas all such objections as have been made to the said Report having been heard and all such enquiries having been made in relation thereto as the Board of Agriculture have thought fit the said Board have authorised and directed me to cause to be drawn up and engrossed on parchment my Award in the matter of the said Regulation________________________
And whereas the Board of Agriculture have by an Order under their Seal by virtue of the power vested in them in that behalf by the, said Acts directed that the lands in respect of which Rights are hereby set out shall not be comprised or shown on the Map hereunto annexed

Now Know Ye that in pursuance of the provisions of the said Acts and by virtue of the powers and authorities in me vested I the said William Taylor Rowley the Valuer as aforesaid do make and declare this –My Award in the matter of the Said Regulation and to this my Award I have annexed the Map referred to by the said Report on which Map the Common is delineated by an edging of green colour
And I declare that in pursuance of the said Confirmation Act and with the sanction of the Board of Agriculture and with the consent in writing of Francis John Fordham of Royston aforesaid Esquire I have, set out allotted and awarded unto the said Francis John Fordham aill that part of Therfield Heath tinted red on the, Map hereunto annexed and containing by admeasurement twenty five acres in exchange for all that piece or parcel of old inclosed freehold land adjacent to the village of Therfield tinted yellow on the said Map and containing by admeasurement Four acres two roods and thirty five perches which said last mentioned piece of parcel of land is in pursuance of such Act and with such sanction and such consent as aforesaid vested in the Conservators of the Common in trust as a public recreation ground and is under their management and control and subject to their bye laws as hereinafter mentioned
And I declare that in pursuance of the said Provisional Order so confirmed as aforesaid there is reserved to the inhabitants of Therfield Royston and the neighbourhood at ail times a right of free access to the Common and a privilege of playing cricket and other games and of enjoying reasonable recreation thereon subject to such bye laws as may be from time, to time made by the Conservators and confirmed by the Secretary of State and that in further pursuance of such provisional Order the rifle range on Therfield Heath shall be continued for the use of the local rifle volunteer corps who have hitherto used the same or of any other body or persons who may hereafter be permitted by the, Conservators to use the same- subject to such regulations as the Conservators may make
And I further declare that in pursuance of the said Provisional Order no turf shall be cut on the Common and no booths or other erections of any kind shall be set up thereon except with the permission signified in writing and under the superintendence of the Conservators who shall have power to take payments in consideration of their giving such permission as aforesaid Provided that no turf shall be cut on the Common for use elsewhere than in Therfield and Royston and that subject to the aforesaid provisions as to cutting turf this Award shall be without prejudice to the rights of the Lords of the respective manors of Therfield and Therfield Rectory in the turf and soil of the Common and in the mines minerals stone and other substrata under the same
And I declare that for the Adjustment of Rights in respect of the Common I have, determined that the same is subject to the following rights of common that is to say
Therfield Heath – To seven hundred and ninety one stints or rights of pasture which may be exercised from the fifteenth of April, to the first of November in every year all of which said stints or rights were set out allotted and awarded among the several persons
Herein set forth_________________________
And I further declare that four sheep shall be deemed a full stint and that two lambs shall be deemed equivalent to one sheep up to the first day of July in each year Provided nevertheless that the Conservators if at any time they shall be of opinion that the condition of the Heath would admit of an increase of the rights of pasture thereon or would require a diminution of such rights – shall have the power by notice in writing on the Church doors and at the Post Offices at Royston and Therfield to direct that the number of sheep to be admitted to the Heath be increased or as the case maybe diminished rateably to such extent as they shall think fit Provided also that the Conservators by the like notice may make regulations as to marking the sheep

And I further declare, that — sheep only shall allowed to depasture on the Heath
The Greens. To such rights of pasture for horses and cattle (but not sheep) to be exercised by such persons being inhabitant householders of the parish of Therfield at such times in such manner and subject to such regulations as to marking and otherwise as the Conservators may from time to time by such notice as aforesaid determine and appoint
And I declare that for the improvement of the Common the following provisions shall be
in force that is to say _
The general management of the Common shall be, and is hereby vested in a body of eight
Conservators
The first Conservators shall be the following persons namely:-William Henry Lees of Sandonbury near Royston who has been nominated by the Lords of the Manor of Therfield, the Reverend John Godwin Hale Rector of the said parish of Therfield, Francis John Fordham of Royston John Phillips of Baldock in the County of Hertford and Lyons R (Walcott of number 1 Grays Inn Place Grays Inn London who have been elected by the Commoners entitled to rights of pasture upon Therfield Heath and Rivers Richard Smith George Walter Howard and Walter Charles Titchmarsh all of Royston who have been elected by the Inhabitant Ratepayers of the special Drainage District for Royston. One of the said first Conservators elected by the said Commoners and one of the Said first Conservators elected by the said Inhabitant Ratepayers shall go out of Office in the month of February next hollowing the confirmation of this Award and one of those elected by each of such bodies in the month of February in each of the two succeeding
years .
At some meeting of the Conservators held before the month of February next following the confirmation of this Award it shall be determined by lot which of the Conservators as aforesaid shall go out of office in the said month of February and which in the month of February in each of the two succeeding years
The Conservators other than the first shall be one person nominated by the Lords of the Manor of Therfield the Rector for the time being of the said parish of Therfield, three persons elected by the Commoners entitled to rights of pasture as aforesaid and three persons elected by the Inhabitant Ratepayers of the said Special Drainage District for Royston
The said William Henry Lees and any Conservator nominated by the Lords of the Manor of Therfield shall hold office until his nomination is revoked or another is nominated in his place and any fresh nomination shall be intimated in writing by the Lords of the Manor to the Clerk of the Conservators
The term of Office of the elected Conservators except as aforesaid shall be three years and the Conservator elected by the said Commoners and by the said Inhabitant Ratepayers respectively who has been longest in Office without re election shall go out each year
Elections of Conservators in the place of those going out of Office shall be made by the said Commoners and by the said Inhabitant Ratepayers at meetings to be held in the month of February in every year and the names of those elected shall be intimated in writing to the Clerk of the Conservators
The meetings of the said Commoners for the purpose aforesaid shall be convened by the Clerk of the Conservators by notice published at least fourteen days previously on the Church and Chapel Doors and on such other places in the said parish of Therfield as the Conservators shall direct and such notice shall be advertised in one or more of the local newspapers as the Conservators shall direct and the voting power of the Commoners at any such meeting shall be in proportion to the number of stints to which each Commoner is entitled as determined by this Award. The meetings of the said Inhabitant Ratepayers shall be convened in the same manner as meetings of such body are by law required to be convened
Any outgoing Conservators shall be eligible for re-election
Any elected Conservators may at any time if, so desirous resign his office on giving notice in writing under his hand of such desire to the Clerk of the Conservators and to the body by whom he was elected
In the event of any vacancy in the number of elected Conservators by death or resignation or otherwise between the times fixed for the election as aforesaid the remaining Conservators shall be as competent to act as if no such vacancy had occurred. Provided that the body by whom the vacating Conservator was elected shall as soon as conveniently may be elect some proper person to supply such vacancy but the person so elected shall retain his office only so long as the vacating Conservator would have retained the same if, no vacancy had occured and the name of the person so elected shall be intimated in writing to the Clerk of the Conservators
Any act of the Conservators shall not be invalidated by reason of their being any vacancy in the number of Conservators
The Conservators may execute any works of draining manuring or levelling of the Common and of the Recreation Ground hereinbefore set out and may plant trees thereon or in any other way improve or add to the beauty of the same as they may from time to time deem necessary or proper
The Conservators shall make, bye laws and regulations for the prevention of or protection from nuisances rnd for keeping order on the Common and on the said Recreation Ground including the due regulation of the playing of games such bye laws and regulations being subject to confirmation by one of Her Majesty’s Principal Secretaries of State as provided by the said Acts
All bye laws and regulations made and confirmed as aforesaid shall be legibly written or printed on boards of suitable size and placed on such parts of the Common (not less than three) as to the Conservators may appear desirable
Any penalty imposed in pursuance of any such bye laws as aforesaid shall be paid to the Conservators and be by them applied in aid of the expenses incurred by them in the execution of their duties under this Award
The Conservators may appoint a clerk herds bailiff servants and any other officer or officers as they may deem necessary to Act under their directions in the execution of their duties under this Award and may if they think fit provide and maintain an Office or Offices for transacting their business
The Conservators shall meet for the transaction of business at least twice in every year and at such other times as they may deem necessary and shall elect one of their number to be Chairman to preside at their meetings at which meetings three shall form a quorum. The Chairman at any meeting shall have a second or casting vote in case of an equality of votes. The summoning of such meetings and the conduct of business thereat shall be subject to such rules as the Conservators may from time to time determine upon and any documents purporting to proceed from the Conservators and to be signed by the Chairman and countersigned by the Clerk of the Conservators shall be received as prima facie evidence of all courts and places whatsoever
The Conservators may sue or be sued in the name of their Clerk
Ail moneys payable to the Conservators may be, paid to their Clerk whose receipt shall be an effectual discharge for the same
The Conservators shall have power to take such payments in respect of the exercising of racehorses upon the Common as they may from time to time agree upon with the owners of the horses, and to regulate such exercising
The Conservators shall as incidental to the general power of management vested in them as aforesaid and in addition to any other rights powers and duties so vested in them have all such rights powers and duties as are by the said Acts or any of them given to or imposed upon Field Reeves including the power of distraining stock and animals found upon the Common contrary to the regulations thereof and of inflicting penalties in respect of such stock and animals
The expenses incurred by the Conservators in the execution of their powers and duties under this Award shall be defrayed by means of any sums received in respect of the exercising of racehorses or in consideration of their giving permission as hereinbefore provided to cut turf or set up Booths or other erections on the Common and of voluntary contributions or any other moneys applicable to the purpose that may come into the hands of the Conservators
And I further declare that I have set out all the stints or rights of pasture on Therfield Heath so determined as aforesaid among the several persons hereinafter named being all the persons interested therein in the shares following set opposite to their respective names which rights I have adjudged and determined to be proportionate to the value of the respective rights and interests of such several persons in the said Heath that is to say

In testimony whereof I the said William Taylor Rowley have to this my Award drawn up and engrossed on parchment set my hand this Nineteenth day of April in the year of our Lord one thousand eight hundred and ninety three
(signed) W T Rowley
In Witness and Confirmation whereof the Board of Agriculture have hereunto set their Official Seal this Twenty first day of April in the year of our Lord one thousand eight hundred and ninety three
LS (signed) Jacob Wilson
Authorised by the President
The Board of Agriculture and Fisheries hereby certify this to be a true Copy
of the Original Award
In Witness whereof they have hereunto set their Official Seal this ninth day of April nineteen hundred and twelve
(seal) E Cheney
Assistant Secretary