AGREEMENTS.

Division.

satisfactorily confirming these presents, and carrying into effect and execution the object and intent thereof, and of the said parties thereto, as the counsel or respective counsels in the law of him, her, or them so requiring the same shall advise or require.

IN WITNESS, &c.

No. XXX.

*An Agreement by Proprietors of Common Field Lands to divide and enclose the same (1); and to procure a Decree in Chancery, or Act of Parliament (2), to ratify the Division if requisite.

AGREEMENTS.

Enclose.

ARTICLES of agreement indented, made, and concluded upon, this
day of
BETWEEN
in the year of our Lord 18
the several persons whose respective names and seals are hereunto
set and subscribed, being respectively owners, tenants, and occupiers,
or persons otherwise interested in, divers parcels of land lying dis-
persedly in or over the common field of
within the parish

in the county of

,

Recitals of ad

crue from enclosing.

of and called or known by the name of the Western Field. WHEREAS the lands lying in the com- vantages to ac mon field aforesaid, have for many years past yielded but little or no profit to the tenants or occupiers thereof, and the same are every year more and more worn out and impoverished, and for want of due tillage and manure, by reason of the great distance of the said field from the houses and residences of the principal inhabitants of the said parish, and the badness of the roads and ways leading thereto, and which cannot be remedied without far greater expense than will be answered by the increase of the fruits and profits thereof, whilst the same lies intermixed and unenclosed. AND WHEREAS by ancient custom in regard to the said common field (on account of the poverty thereof) one half part of the same lies fallow and untilled, and unproductive every other year, and the lands so lying fallow are usually fed with sheep, which are often rotted by the watery condition of the ground; and many other inconveniences arise to the owners and occupiers of the said common field for want of their particular portions thereof being laid together and enclosed; for remedying which, and for encouraging the improvement of the said

(1) See the Acts 29 Geo. 2. c. 36. and 31. ib. c. 41; empowering com- . moners to inclose waste for the growth of timber; and the general inclosure Act, 41 Geo. 3. c. 109; and 1 and 2 Geo. 4. c. 23. ante, p. 8. (2) An Act was afterward deemed necessary and obtained; the petition, and Bill for which, will be found under the head" PARLIAMENTARY FORMS."

Enclose.

Owners, &c. agree to divide

common fields.

AGREEMENTS. lands, for the general benefit and advantage of themselves, and of the community at large, the parties hereto, as such owners and occupiers as aforesaid, have agreed to make a division and allotment of the said field amongst themselves, in such manner as hereinafter is WITNESS. expressed. NOW THESE PRESENTS WITNESS, that it is hereby concluded and agreed upon, by and between all and every the and enclose the parties hereto being respectively owners, tenants, and occupiers of the said lands, or otherwise interested therein: and each of us doth accordingly for himself, for his heirs, executors and administrators, covenant, grant and agree with and to each and every of the other of them, and his, her and their heirs, executors, administrators and assigns, by these presents in the manner and form following (that is to say), that a division and separation by metes and bounds, and an enclosure by fences, of the lands and tenements lying in the said common field, called, &c., in the parish aforesaid, shall be forthwith made by the commissioners or persons hereinafter named, and by them allotted and assigned to and amongst the several parties hereto at their own expence, costs and charges, according to their respective interests in such manner as hereinafter is provided, and which enclosures shall from time to time be renewed, preserved, and continued for ever, and all and every of the said parties shall hold and enjoy his, her, or their share or portion, so to be allotted to him, her, or them respectively, of the said common field in severalty, and as several and distinct parcels thereof, with full liberty to plough, manure, and cultivate the same at pleasure as a separate and distinct farm, and shall have and enjoy the same estate and interest in the part so to be allotted to them respectively, as they now have, or at or immediately before the time of such division or allotment had in the parts or parcels of the said common lands, in lieu whereof such allotments were made; and that after such allotments shall be made, every of them the said parties respectively shall, at their own respective costs and charges, securely and properly hedge and fence in the parts or parcels so allotted to them respectively, and at all times thereafter keep the said hedges and fences in good and proper repair. AND for the more just and impartial execution and performance of the said division and allotment it is hereby agreed, that A. B. C. D. and E. F. of, &c., shall be and are hereby named and appointed commissioners for making the same, by admeasurement, survey, and otherwise as they shall think fit, in making which allotments and divisions, due regard shall be had by the said commissioners to the quality and situation, as well as to the quantity of land to be assigned or allotted, and also to the allotting and assigning the same, so as that every of the allotments to each of the

Division to be made by commissioners.

AGREEMENTS.

made.

Enclose.

Parties will abide

by decision of the

Commissioners.

said parties may lie as nearly contiguous to each other as may be.
AND who shall also assign and allot proper, convenient, and sufficient
roads and ways, for every of the said parties to their respective al- Ways to be
lotments, in such place and places, and in such directions, as shall be
most fit and convenient for the same, which roads and ways shall be
allowed out of the whole of the said common field, according to the
proportion thereof belonging to each of the said parties. AND for
the preventing disputes and differences regarding the said divisions
or allotments, each and every of the said parties hereto doth hereby
covenant and agree in the manner aforesaid, from time to time, and
at all times hereafter, to abide by, observe, and perform, all and
every the orders, directions, determinations, and judgements, which
shall from time to time be had, made, or given by the said
commissioners or the major part of them, touching and concerning the
same, and other the matters and things hereinbefore mentioned or re-
ferred unto.
AND it is hereby further agreed, that after the said al-
lotments and divisions shall be made and perfected, the same, and the
situation and number of acres or other quantities thereof, and the par-
ties to whom the same shall be made, and the number of acres or
quantities of land in lieu of which the same were made, shall be
put into writing at the equal expense of the parties, by the
said commissioners, and which said writing shall be enrolled at
the then next general quarter sessions, to be holden for the said
county of
there to be preserved for the inspection and be-
nefit of all parties to be at any time interested therein. AND for ra-
tifying, settling and confirming such allotments, divisions, and in- required.
closures as hereinbefore are agreed and intended to be made, and
of the estates, rights, and interests therein, it is hereby lastly agreed
that application shall be forthwith made to the High Court of Chan-
cery for that purpose, and to order (1) proper and sufficient con-

To be made in

writing and

enrolled.

Decree in chan

cery to be had if

(1) If it be deemed requisite to apply to Parliament for an act of con- Act of Parlia firmation, say "an application by way of petition to the High Court of ment. Parliament shall be forthwith made for that purpose, and in which act there shall be contained (amongst other clauses and provisions which it may be considered necessary or proper that the same should contain) a clause or provision that the executors, guardians, or trustees of any person or persons under age or otherwise incapable by law to accept such allotments as shall be made by the said commissioners, shall be thereby enabled to accept the same for the use of such person or persons, and also a clause or provision that nothing herein or in the said act to be contained shall be construed to hinder or prejudice the Lord of the Manor of aforesaid, or his manorial rights or interests or of the rector or impropriate for the time being, of the great tithes arising out of the said

AGREEMENTS.

Enclose.

Penalty.

veyances and assurances in the law to be executed and made by each
and every of the said parties hereto, to the other and others of them,
at their own costs and charges in all things (in proportion to their re-
spective interests) of or concerning the premises, in such manner and
form as counsel in the law shall deem requisite or expedient. AND for
the due and punctual performance of all and singular the covenants
and agreements hereinbefore contained by the said parties hereto, each
of them doth bind himself, his heirs, executors, and administrators,
in the sum of £
to be paid unto such of them respectively,
his or their heirs, executors, or administrators as the commissioners
aforesaid or the major part of them shall direct or appoint in that be-
half. IN WITNESS, &c.

Common Fields; nor be construed to revoke or in anywise alter any deed, settlement or limitation whatsoever, already made of any part or parts of the said field or lands comprised therein. And lastly, that every of them the said parties to these presents shall and will sign a petition, and do and concur in doing all such other acts, matters, and things as shall be requisite and proper to obtain the said act, and in no wise prevent or impede the same in or from its progress through Parliament or receiving the royal assent, or otherwise passing the said act and becoming a law of this realm." See ante, pp. 1 and 3