§ 5. That commissioners may enter to make surveys, &c.; and maps, &c. AGREEMENTS made by the parties themselves, may be allowed by the commissioners, if approved. Act of Parliament. Allowance of plans. § 6. That claimants of lands to be inclosed, deliver in particulars of their claims (3), distinguishing such as may relate to freeholds, copyholds, and leaseholds. No exceptions to claims to be made after meeting appointed for that purpose, without special cause. § 7. That commissioners shall not determine upon title to lands, but Commissioners shall assign, &c. according to seisin or possession. Claims of parties. not to determine Public roads. § 8. That the commissioners shall lay out or vary public roads, (except upon title. turnpike roads, see § 11.) and carriage ways, as they shall think expedient, subject to appeal to the quarter sessions. § 9. That the roads shall be properly fenced (4), and commissioners Fences. may appoint surveyors with adequate salaries. § 10. That the commissioners shall lay out new private roads, ways, &c.; Private ways. and former roads to be inclosed and extinguished (5). § 11. That the herbage on such roads shall belong to the proprietors of Herbage. adjoining lands (6); but no turnpike roads to be altered without the con sent of the trustees. § 12. That the commissioners shall, in their allotments, have regard to Locality, &c. locality, as to situation of houses, and convenience of neighbourhood, and to the quantity and quality of land. § 13. That the commissioners may direct small allotments to be ring Ring fences. fenced, &c. § 14. That the allotments to proprietors, &c. shall be a full compen- Allotment to be sation for all incidental rights, &c., which shall cease on notice being final. fixed upon the church door. § 15. That commissioners may exchange allotments, with consent of the Exchange. parties interested. § 16. That the commissioners may make allotments in severalty to Joint tenants, joint tenants, &c. &c. § 17. That the parties to whom allotments have been made, shall accept Time of acceptthem within a given time. ation. § 18. Relates to the acceptance of allotments by guardians and tenants Life interest,&c for life. (3) The form of a claim under this section will be found, post, verb. "CLAIM;"" the Form of claims. drawing of such claim requiring a very considerable portion of technical accuracy." I Evans Stat. 294. n. (1) 2d Edition. (4) It has been doubted whether a ditch is to be considered as a sufficient fence under this Ditch. clause, but at length held that it might be considered to be so in legal construction, if so found by a jury. See Ellis v. Arnison, 1 Barn. and Cress. 70. 2 Dowl. and Ryl. 161. (5) On the construction of this section of the act, see White v. Reeves, 2 Moore, 23., and Simpson v. Scales, 2 Bos. and Pul. 496. (6) The persons taking under this clause, do not take by way of grant, but of parliamentary declaration, designating the persons who are to take and enjoy the herbage. Johnson v. Hodgson, 8 East. 38. AGREEMENTS Act of Parlia § 19. That allotments may be enclosed, with assent of commissioners, before the award shall be made. § 20. That trees, &c. may be allotted to the land, on the value being paid to the former owner. § 21, 22, 23. Contain directions as to money to be laid out in purchase of lands, &c. under settlement. § 24. That if parties do not inclose according to direction of the commissioners, the commissioners may do so, and receive the rents and proceeds, till repaid the expenses (7). § 25. Dead fences to the allotments may be put up within seven years, to protect quicks, &c. § 26, 27, 28. Further enactments as to the preservation of fences, &c. (8). § 29. That if proprietors do not pay their proportion of the expenses, the commissioners may levy the same by distress, or receipt of profits (9). § 30. That tenants for life, or guardians, may charge expenses on allotments not exceeding 51. per annum; and mortgages may be made by commissioners for reimbursement to parties in possession advancing same. § 31. That the commissioners may deduct from allotment of charity or school lands a rateable proportion of the expenses. § 32. That where a sale is to be made of part of the land for payment of the expenses, the commissioners shall set out and sell the same, and a deposit to be made by purchasers. § 33, 34. That the commissioners may summon witnesses to procure evidence from a distance not exceeding eight miles. § 35. That the commissioners, after completing the allotments, shall make their award, which shall be executed at a meeting of proprietors, and proclaimed in the parish church on the following Sunday, and enrolled at Westminster, or with the clerk of the peace, where it may be inspected, and copies taken; and award and copies signed by the proper officer to be evidence (10). 36, 37. That the commissioners shall keep an account of all monies received, and paid by them; and monies raised shall be disposed of by the commissioners as a major part in value of the proprietors shall direct. § 38. That the rector, &c. may lease allotments for twenty-one years, with consent of bishop, &c. § 39, 40, 41, 42, 43. Regard the recovery of penalties; Saving of rights of the lords of manors (11); General saving; authority for justices to administer oath. False swearing to be perjury. (7) See post, n. (9). (8) On these clauses, see ante, p. 9. n. (4). (5). (9) All the commissioners must, it seems, concur in the assessment of expenses; if, therefore, one of them die, another must be appointed before the assessment can be made. See Doe dem. Nicholson v. Middleton, 3 Brod. and Bing. 214. 6 Moore, 532, S. C. (10) The award of the commissioners under this act is final, but by the subsequent act of 1 & 2 G. 4. c. 43. § 3. (see post, p. 11) it may be appealed against. (11) See also 1 & 2 G. 4. c. 23. s. 4. post, p. 11. 44. That the provisions of the act shall affect future private acts AGREEMENTS only in cases where no contrary provisions shall be made in such acts. And in addition to the above act, it is provided by statute, 1 & 2 Geo. 4. c. 21. Act of Parlia ment. § 1. That landlords may distrain for rents upon allotments, before the 1& 2G.4. c. 23. commissioners shall have made their award (12). § 2. That proprietors of allotments may have actions for damages commit ted, although the commissioners' award be not executed. § 3. That the award of the commissioners may be appealed against (13). § 4. That leascs made by incumbents, under act 41 Geo. 3. c. 109., may Leases. be renewed on their expiring before the end of the term granted (14). It is also by 4 Geo. 4. c. 35. further 'cnacted, that where trustees or commissioners appointed to carry any act of parliament into execution, shall not be able to meet on the day appointed for their first meeting, by reason of such day being antecedent to the passing of such act, the meeting of any three of such trustees or commissioners, within 14 days after the passing thereof, shall be sufficient to satisfy the act. 4 Geo. 4. c. 35. meeting of com missioners. (12) Until the passing of this act, the freehold of the allotment did not pass until the commissioners had made their award. Farrer v. Billing, 2 Bar. and Ald. 171. (13) Under the former act the award of the commissioners was held to be final and unim- VOL. 1. Supp A AGREEMENTS Administra. tion. Parties. No. II. *An Agreement that one Creditor, or next of Kin of an Intestate, shall take out Letters of Administration, in trust for their common Benefit (1). ARTICLES of agreement indented (1), bearing date the day of , in the year of our Lord ; and made between A. B., at, &c. (creditors or next of kin as the case may be), of, &c. deceased, of the first part, the several other persons whose names are respectively hereunto subscribed, as creditors, [or next of kin] also of the said (intestate) of the second part, and widow of the said (intestate), of the third part. WHEREAS the said (intestate) deceased, was at the time of his death indebted to us whose names are hereunto subscribed and who are hereinbefore named as of the first and second parts in the several sums mentioned in the first schedule hereunto annexed (2). AND whereas, the said (widow) is entitled to her [dower and] thirds at the common law, or some other proportion of or in the [real and] personal estate and effects of the said (intestate), or, as the case may be. AND whereas, disputes have arisen between the parties hereto, as to their rightful proportions of the estate and effects of the (intestate), which have hitherto prevented administra General remark. Next of kin. *(1) When a person dies indebted and intestate, and his next of kin refuses to administer to his effects, from an apprehension that there will be no surplus after satisfaction of debts, a creditor frequently takes out* letters of administration, for the purpose of satisfying his own debt: but as this will involve him in the general distribution of the assets of the intestate, it is generally advisable in cases like this, that some agreement should be entered into by the parties relative to the administration and distribution of the effects, adapted to the subsisting circumstances. (2) Or recite, if so, that the several parties are of kin to the intestate in the manner set forth opposite to their respective names in the said schedule. AGREEMENTS Administra tion. ditors shall tion being taken out thereunto: Now THESE PRESENTS WITNESS, that for ending all further disputes and differences relative to the premises, it is hereby declared and agreed, by and between the several parties hereto as follows (that is to say), THAT the said A. B., WITNESS. as one of the creditors [or next of kin] aforesaid, of the said Agreement that (intestate) deceased, shall and may take out letters of administration one of the creof and to all and every the goods and chattels, and debts, cre- administer. dits, and effects of the said (intestate) deceased, according to the rules of the ecclesiastical courts, without any impediment or hindrance by or from, any or either of the other of the said parties, (each agreeing and declaring as for and on the part of themselves only and respectively), and the said A. B. shall and may administer, order, apply, and dispose of the same in the manner hereinafter expressed. AND it is also agreed that as soon as may be Effects to be appraised. after the said letters of administration shall have been granted to the said (administrator), he the said (administrator) shall and will cause all the goods, chattels, debts, and effects belonging to the said (intestate) at the time of his decease, to be appraised by a sworn appraiser, and a true inventory thereof to be made, according to the duty and custom of administrators in like cases. AND that she the said (widow), and all and every the parties hereto Parties will of the said part, shall and will disclose and make known unto the said (administrator), when thereunto required, all and singular the goods, chattels, debts, and effects belonging, or due and owing to the said (intestate), at the time of his decease, to the best of their respective knowledge, information, and belief, and in whose possession, and where the same respectively now are, without any concealment, fraud, or deception whatsoever. THAT after the Goods. &c. to goods and chattels of the said (intestate) shall be so appraised, and be sold. an inventory thereof made as aforesaid, he the said (administrator) shall and will make sale, and absolutely dispose of the same, or of such parts thereof as may consist of debts, money, or securities, by public auction, for the best price that can be obtained for the same, (save only the wearing apparel and trinkets of the said (widow), and two beds, &c. as may be agreed, which shall be delivered to the said (widow),) and collect in and obtain payment of such parts thereof, as may consist of debts or securities How to be apfor money, with all convenient and practicable speed. AND shall, plied. or lawfully may, in the first place, retain and deduct out of the monies which shall from time to time come to his hands, all reasonable costs and charges, (including suits at law, or obtaining the opinions of counsel for advice, or otherwise), as he shall reason disclose intestate's effects. |