No. 7. fession or on Proof of the Offence, by Oath of one or more credible 41 G I. c. 109. Witness or Witnesses, (which Oath the said Justice is hereby autho

Execution.

the Commissioners

rized to administer,) shall for every such Offence forfeit and pay any Sum not exceeding five Pounds; and every Person shall be allowed to give Evidence of such Offence notwithstanding he may be a Proprietor or Occupier of Lands within, or an Inhabitant of such Parish, and notwithstanding he may be the Owner of any such Fence, Stile, Post, Rail, Gate, Bridge, or Tannel; to be recovered as herein-after provided.

XXIX. And whereas it may often be provided by such Act, Whose Expences that the Expences of obtaining the same, and also the Expences of of obtaining and carrying the same into Execution, shall be paid in proportion by the carrying any Act Proprietors of Lands or Grounds to whom any Allotments shall be shall be to be paid made;' be it further enacted, That in such Case, when and so often by the Proprietors, as any such Person or Persons, except the Person or Persons thereby may, ou Neglect, exempted from Payment of any such Charges and Expences, shall reuse the same to fuse or neglect to pay his, her, or their Proportion of the Charges be levied by Dis and Expences, or shall refuse or neglect to pay the Expences attending l'ossession of the the inclosing and fencing of any such Allotments, as upon the NegAllotinents, and lect or Refusal of the Proprietors shall be inclosed and fenced by such receive the Rents, Commissioner or Commissioners as herein-after mentioned, at the till sausfied. respective Days and Times to be appointed for Payment of such

tress, or may take

Guardians, Te

Charges and Expences, it shall be lawful for such Commissioner or Commissioners, by any Warrant or Warrants under his or their Hands and Seals, directed to any Person or Persons whomsoever, to cause the said Costs, Charges, and Expences, and Sam or Sums of Money respectively, to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons so making Default in Payment as aforesaid, his, her, or their Husbands, Guardians, Trustees, Committees, or Attornies, wheresoever the same shall be found, rendering the Overplus (if any) on Demand, to the Owner or Owners of such Goods and Chattels, the reasonable Charges of such Warrant, Distress, and Sale being first deducted, together with the Interest after the Rate of five Pounds per Centum per Annum, to be computed on such Share or Shares, Proportion or Proportions, from the Time the same shall be directed to be paid by such Commissioner or Commissioners as aforesaid; or otherwise it shall be lawful for such Commissioner or Commissioners, or any Person or Persons authorized by him or them, to enter upon and take Possession of the Premises so to be allotted to such Person or Persons refusing or neglecting to pay as aforesaid, and to receive and take the Kents and Profits thereof, until thereby, therewith, or otherwise, the Share or Shares, Proportion or Proportions, and the said Costs and Charges so ordered and directed by such Commissioner or Commissioners to be paid by such Person or Persons as aforesaid, and all Interest on such Share or Shares, Proportion or Praportions, to be computed from the Time the same shall by such Commissioner or Commissioners be directed to be paid as aforesaid, and also all Costs, Charges, and Expences, occasioned by or attending such Entry upon and Perception of the Reats and Profits of the said Premises, shall be fully paid and satisfied.

XXX. And be it further enacted, That in such Case as last aforesaid, it shall be lawful for the Husbands, Guardians, Trustees, nants for Life, &c. may charge Allot. Committees, or Attornies of any of the Owners or Proprietors of such meats with Ex- Allotment or Exchanged Lands, being under Coverture, Minors, Lupences, if not ex: naticks, beyond the Seas, or under any other Disability, and for any of reeding 51. per Acie; the said Owners or Proprietors being Tenants in Tail, or for Life or Lives, or Years determinable on a Lite or Lives, or on any other Contingency, or otherwise, interested as aforesaid (except the Rector or Vicar of such Parish) to charge such Allotments, or exchanged Lands

No. 7.

shall

ney, the Commis

them for Reim

and Premises, with such Sum or Sums of Money as such Commissioner or Commissioners shall by his or their Award, or by Writing 41 G. UI, c. 109. under his or their Hands, either before or after the Execution of such Award, adjudge necessary to pay and defray the said respective Shares of the Charges and Expences incident to and attending the obtaining such Act, and carrying the same into Execution, and of charging the said Lands as aforesaid, so that the same shall not exceed five Pounds for every Acre of such Allotments or exchanged Lands; and to grant, mortgage, surrender, lease, or demise, or otherwise subject the Lands, Tenements, and Hereditaments so to be charged, unto such Person or Persons who shall advance and lend the same respectively, his, her, or their Executors, Administrators, and Assigns, for any Term or Number of Years; or in case any Person in Possession, who shall or may and if Persons in be liable to and charged with a Share of the Expences as aforesaid, or Possession enabled by this or any such Act to charge such Lands and Grounds advance the Mowith the same, shall choose to advance, pay, and discharge such Sum sioners may mortor Sums of Money, then it shall be lawful for the said Commissioner gage the Lanns to or Commissioners, by any Deed or Writing under his or their Hands bursement. and Seals, to be attested by two or more credible Witnesses, in like Manner to grant, mortgage, surrender, lease, demise, or otherwise subject the said Lands, Tenements, and Hereditaments, to such Person or Persons respectively paying and discharging the same, his, her, or their Executors, Administrators, and Assigns, for any Term or Number of Years, to and for the Payment of such Sum and Sums of Money so advanced, paid, and discharged by him or them, with Interest for the same, to commence on the Termination of his, her, or their Right in the Premises; so that every such Grant, Mortgage, Surrender, Lease, or Demise, be made with a Proviso or Condition to cease and be void, or with an express Trust to be surrendered or reassigned, when such Sum or Sums of Money thereby to be secured shall be fully paid and satisfied; and also with a Covenant to pay and keep down the Interest, so that no Person or Persons afterwards becoming possessed or entitled to any such Lands, Tenements, or Hereditaments, shall be liable to pay any further or larger Arrear of Interest than for six Calendar Months preceding the Time when the Title to such Possession shall have commenced; and that every such Charge, Grant, Mortgage, Surrender, Lease, or Demise, shall be good, valid, and effectual in the Law for the Purposes thereby intended.

XXXI. And whereas in such Cases as aforesaid, where Provi'sion may be made in any such Act for charging the Expences of Commissioners 'passing such Act, or of executing the Powers therein contained, or may deduct from of fencing the respective Allotments, on the several Proprietors Allotments for 'thereof, it may be more convenient for the Feoffees or Trustees of Charity or School Lands, what shall 'any Charity Lands or School Lands, to have Lands deducted from be deemed equal the respective Allotmentr to be made for such Charity Lands or to the proportionSchool Lands, for paying the proportionable Share in Respect of able Share of the 'such Allotments of such Expences respectively, than to raise Money lot the same to Expences, and alon Mortgage for those Purposes;' be it therefore further enacted, Persons undertaThat it shall be lawful for any such Commissioner or Commissioners, if he or they shall judge it Right or Expedient, to deduct from the respective Allotments to be made to such Feoffees or Trustees as aforesaid, so much Land as shall in the Judgment of such Commissioner or Commissioners be equal in Value to their respective Proportions of the said Expences, and to allot, assign, and award the same to such Person or Persons as such Commissioner or Commissioners shall think proper, and who will undertake to pay and defray, and shall pay and defray, all such Expences.

king to pay.

No. 7.

be paid by Sale

of

sioners shall

out and sell a Part,

which shall be for

XXXII. And be it further enacted, That in Case it shall be 41 G. III c. 109. provided by any such Act, that the Expences attending the same shall Where the Ex- be paid by Sale of any Part of the Land so to be inclosed, the said pences of obtain Commissioner or Commissioners shall mark and set out such Part or ing and carrying aby Act into Exe Parts of the said Waste or Commonable Lands, as in his or their cution shall be to Opinion will by Sale thereof raise a Sum of Money sufficient to pay Part of the and discharge all such Charges and Expences as may by any such Lands, Commis Act be directed to be paid and discharged out of the same; and the set said Commissioner or Commissioners shall sell such Part or Parts of and the Purchasers the said Lands to any Person or Persons for the best Price or Prices shall immediately that can be gotten for the same, by private Contract, or by publick make a deposit. Auction or Auctions to be holden for that Purpose, of which Six feited, if Purchase Weeks' previous Notice shall be given, in such Manner as shall by Money be not duly any such Act be directed with Respect to the other Notices thereby paid. required; and the Person or Persons so purchasing the same, shall immediately pay (by Way of Deposit) into the Hands of the said Commissioner or Commissioners, or such Person or Persons as he or they shall direct and appoint, one tenth Part of his, her, or their Purchase Money, and pay the Remainder thereof within three Calendar Months next after, or at such other Time as the said Commissioner or Commissioners shall appoint, and in Default thereof, the Money so deposited shall be forfeited, and shall be applied in carrying such Act into Execution; and the said Allotment or Allotments for which the Whole of such Purchase Money shall not have been so paid, or for which there shall be no Bidding at such Auction, shall be again put up to Sale, and sold in Manner aforesaid, for the best Price or Prices that can be gotten for the same, or be sold by the said Commissioner or Commissioners by private Contract, for any Sum or Sums not less than the remaining nine tenths of the Price or respective Prices for which the same was or were respectively before sold, or the Amount of one Bidding above the Sum or respective Sums at which the same was or were respectively put up in the said former Action; and every Allotment for which the full Purchase Money shall be paid, shall immediately thereupon be absolutely discharged of and from all Common and other Right thereon or therein, and be vested in Fee Simple in, and be inclosed, and thenceforth held in Severalty by such Purchaser or Purchasers thereof respectively, as his, her, or their private and absolute Property, and shall be allotted accordingly by the said Commissioner or Commissioners; and the said Purchase Money shall be applied in defraying such Charges and Expences as may be in any such Act directed to be paid and discharged by the Sale of such

may summon Wit nesses;

for

Land

XXXIII. And, for the better enabling such Commissioner or Commissioners Commissioners to determine the several Matters and Things by this or any such Act referred to his or their Determination, be it enacted, Penalty Non attend That it shall be lawful to and for the said Commissioner or Commisance, &c. from sioners from Time to Time, as he or they shall see Occasion, by any 301 to St Writing or Writings under his or their Hand or Hands, to summon and require any Person or Persons to appear before them at any Time and Place in such Writing to be appointed, to testify the Truth touching the Matter in Dispute between any Proprietors or interested Persous, or otherwise relating to the Execution of the Powers given by this or any such Act, and to cause a Copy of such Writing to be served on such Person or Persons required to give Evidence, or to be left at his, or their usual or last Place of Abode; and every Person or Persons so summoned, who shall not appear before the said Commissioner or Commissioners pursuant to such Summons (without assigning some reasonable Excuse for not appearing) or appearing shall refuse to be sworn or examined on Oath or Affirmation, which Oath

No. 7.

or Affirmation the said Commissioner or Commissioners is and are hereby empowered and required to administer, (such Person or + G III. c. 109. Persons having been paid or tendered to him, her, or them, the reasonable Charges of his, her, or their Attendance) and being thereof convicted before one of his Majesty's Justices of the Peace of the County or District in which such Lands are situated, upon Information thereof upon Oath made before any such Justice, shall, for every such Neglect or Refusal, forfeit and pay such Sum of Money, not exceeding ten Pounds, nor less than five Pounds, as such Justice or Justices shall think fit and order.

vel above eight

Miles.

ers shall draw

be

at a Meting of

XXXIV. Provided always, and be it further enacted, That no witness shall not Witness summoned to attend such Commissioner or Commissioners, be obliged to tra shall be obliged to travel above eight Miles from the Boundary of the Parish, Manor, or District, by any such Act intended to be inclosed. XXXV. And be it further enacted, That as soon as conve- After Allotniently may be after the Division and Allotment of the said Lands and ment CommissionGrounds shall be finished, pursuant to the Purport and Directions of пр their Award, this or any such Act, the said Commissioner or Commissioners shall which shall form and draw up, or cause to be formed and drawn up, an Award read and executed in Writing, which shall express the Quantity of Acres, Roods, and the Proprietors, Perches, in Statute Measure, contained in the said Lands and Grounds, & proclaimed the next Sunday In and the Quantity of each and every Part and Parcel thereof which the Church, and shall be so allotted, assigned, or exchanged, and the Situations and then considered as Descriptions of the same respectively, and shall also contain a Descrip- complete. tion of the Roads, Ways, Footpaths, Watercourses, Watering Places, Quarries, Bridges, Fences, and Land Marks, set out and appointed by the said Commissioner or Commissioners respectively as aforesaid, and all such other Rules, Orders, Agreements, Regulations, Direc tions, and Determinations, as the said Commissioner or Commis. sioners shall think necessary, proper, or beneficial to the Parties; which said Award shall be fairly ingrossed or written on Parchment, and shall be read and executed by the Commissioner or Commissioners, in the Presence of the Proprietors who may attend at a special General Meeting called for that Purpose, of which ten Days' Notice at least shall be given in some Paper to be named in such Act and circulating in the County, which Execution of such Award shall be proclaimed the next Sunday in the Church of the Parish in which such Lands shall be, from the Time of which Proclamation only and not before, such Award shall be considered as complete; and shall, Award shall be inwithin twelve Calendar Months after the same shall be so signed and rolled in one of sealed, or so soon as conveniently may be, be inrolled in one of his the Majesty's Courts of Record at Westminster, or with the Clerk of the with the Clerk of Peace for the County in which such Lands shall be situated, to the the Peace. and End that Recourse may be had thereto by any Person or Persons may be inspected. interested therein, for the Inspection and Perusal whereof no more tained. than One Shilling shall be paid; and a Copy of the said Award, or any Part thereof, signed by the proper Officer of the Court wherein the same shall be inrolled, or by the Clerk of the Peace for such County, or his Deputy, purporting the same to be a true Copy, shall from Time to Time be made and delivered by such Officer or Clerk of the Peace for the Time being as aforesaid, to any Person requesting the same, for which no more shall be paid than Two-pence for every Sheet of seventy-two Words; and the said Award, and each Copy of Award and Copies the same, or of any Part thereof, signed as aforesaid, shall at all shall be legal EviTimes be admitted and allowed in all Courts whatever as legal Evi be binding on all dence; and the said Award or Instrument, and the several Allotments, Parties interested. Partitions, Regulations, Agreements, Exchanges, Orders, Directions, Determinations, and all other Matters and Things therein mentioned and contained, shall, to all Intents and Purposes, be binding and

Courts

at

Westminster, or

and Copies ob

dence, and Award

No. 7. conclusive, except where some Provision to the contrary is herein or 41 G. III. c. 109. shall be by any such Act contained, unto and upon the said Proprietors, and all Parties and Persons concerned or interested in the same, or in any of the Lands, Grounds, or Premises aforesaid; and also that the said respective Commissioners, if they think it necessary, Commissioners shall form or draw, or cause to be formed and drawn, on Parchment may annex Maps or Vellum, such Maps or Plans of the said Lands and Grounds, the to the Award, better to describe the several new Allotments or Divisions to be made, deemed Part there and Premises that shall be exchanged by Virtue of this Act, and

which shall be

of.

Commissioners

which shall express the Quantity of each Allotment in Acres, Roods, and Perches, together with the Names of the respective Proprietors at the Time of such Division and Allotment; which said Maps and Plans shall be annexed to and inrolled with the said respective Award, and shall be deemed and construed in every Respect as and for Part of the said Award.

XXXVI. And be it further enacted, That such Commissioner shall keep Account or Commissioners shall, and he or they is and are hereby required to of all Monies, enter in a Book to be provided for that Purpose, a particular Account spected at their of all Sums of Money whatever received from the Proprietors or others Clerk's Office gra- during the Progress of the Inclosure; and also of all the Charges,

which may be in

tis

lect from 10l. to

51.

Expences, and Disbursements which shall accrue or be made by Virtue of any such Act, and in carrying the same into Execution; which Book of Accounts shall be kept at the Office of their Clerk, open at all seasonable Times during the Progress of the Inclosure, and till the Accounts are finally settled, for the Inspection of any of the Penalty on Neg Proprietors, without Fee or Reward; and in Case any such Commissioner or Commissioners, or his or their Clerk, shall neglect to provide and keep such Book of Accounts as aforesaid, or refuse the Inspection thereof to any of the Proprietors at seasonable Times in Manner before-mentioned, and shall be convicted thereof, upon the Oath of one or more credible Witness or Witnesses not interested in the intended Division and Inclosure, before any Justice of the Peace of the County in which the Lands or Grounds to be inclosed shall be situate, or of such other County or Place where such Commissioner or Clerk so offending shall be or reside, every such Commissioner or Clerk so causing such Neglect or Refusal, and convicted as aforesaid, shall forfeit and pay for every such Offence any Sum not exceeding ten Pounds nor less than five Pounds, to be levied, recovered, and and applied in the same Manner as other Penalties are by this Act directed to be levied, recovered, and applied.

Monies raised

XXXVII. And be it further enacted, That all Monies to be shall be deposited raised under and by Virtue of the Powers contained in any such Act, as directed by a shall, from Time to Time, as often as the same shall amount to the Majority in Value of Proprietors, and Sum of fifty Pounds, be paid to and deposited in the Hands of some not issued without Banker, or such Person or Persons as shall be approved by a Majority Order from Com- in Value of the Proprietors who may be present at the first Meeting of

missioners.

such Commissioner or Commissioners; and in the Notice of which Meeting shall be expressed the Intention of then appointing such Banker, or such other Person or Persons; and no such Monies deposited or paid into the Hands of such Banker, or other Person or Persons to be appointed as aforesaid, shall be issued or paid by him or them, without an Order in Writing under the Hands of such Commissioner or Commissioners, specifying the Person or Persons to whom the same are respectively payable, and the Service or Consideration for which the same are due; and the Balance, if any, upon the final Settlement of Accounts, shall be immediately repaid to the Land Owners in Proportion to the Sums respectively paid by them.

XXXVIII. And be it further enacted, That it shall be lawful for the Rector or Vicar for the Time being of any Parish wherein the