No. 7. Party or Parties making such Appeal, giving eight Days Notice of 41 G. III. c. 109. such Appeal, and of the Matter thereof in Writing to the Commissioners; and the Decision of the said Justices therein shall be final Decisions at the and conclusive, and shall not be removed or removeable by Certiorari, or any other Writ or Process whatsoever, into any of his Majesty's Courts of Record at Westminster, or elsewhere.

Sessions shall be final.

Lands, &c. to be

IV. And be it further enacted, That a true, exact, and particular A Survey, Admea. Survey, Admeasurement, Plan, and Valuation, of all the Lands and surement. Plan, & Grounds to be divided, allotted, and inclosed by any such Act, and Valuation of the also of all the Messuages, Cottages, Orchards, Gardens, Homesteads, inclosed shall be ancient enclosed Lands and Grounds, within any such Parish or made, and kept by Manor, shall be made and reduced into Writing, by such Commisthe Commissioners, which shall be sioner or Commissioners, or by such other Person or Persons as he or verified by the they shall nominate and appoint, as soon as conveniently may be, for Persons making the Purposes of such Act; and the Number of Acres and decimal

them.

Parts of an Acre, in Statute Measure, contained in all the Lands and Grounds directed or authorized to be divided, allotted, and inclosed, and also in all the ancient inclosed Lands, Grounds, and Homesteads aforesaid, and of each and every Proprietor's distinct Property in the same respectively, at the Time of making such Survey and Admeasurement, shall be therein set forth and specified; and that the said Survey, Admeasurement, Plan, and Valuation, shall be kept by such Commissioner or Commissioners; and the Person or Persons who shall make such Survey, Admeasurement, Plan, and Valuation, shall verify the same upon Oath or Affirmation, at any Meeting to be held after the making thereof (which Oath or Affirmation the CommisProprietors may sioners, or any one of them, are and is hereby empowered and required laspect Admeato administer); and the Proprietors and their respective Agents, and Plans, and take all Persons interested therein, shall at all seasonable Times have Copies. Liberty to peruse and inspect such Admeasurement and Plan only, and to take Copies thereof and Extracts therefrom respectively.

surements

and

Until the Divi

may be entered

V. And be it further enacted, That for surveying, admeasuring, sion shall be com- and valuing all the said Lands and Grounds, and for other the Purpleted the Lands poses of such Act, it shall be lawful for such Commissioner or Comby the Commis missioners, every or any of them, or the Person or Persons to be sioners, or any appointed by him or them to make such Survey, Admeasurement, Persons they may Plan, and Valuation, together with their and every of their Assistants appoint. to make Surveys, &c. and Servants, at any Time or Times whatsoever, until such Division shall be completed, to enter, view, and examine, survey and admeasure, all and every Part of the Lands and Grounds intended to be divided and allotted, and also all the ancient inclosed Lands, Grounds, and Homesteads, directed to be surveyed, and to do or cause to be done Maps made at the any Act or Thing necessary for putting such Act into Execution: Time of passing Provided always, That any Map or Survey made at the Time of passActs may be used, ing any such Act, which shall be tendered to such Commissioner or without making new ones, if Com- Commissioners, and which shall be in his or their Judgement, and to misioners shall fit. his or their Satisfaction a just and true Map or Survey, proper for the Purpose of carrying such Act into Execution, may be used for that Purpose, if the said Commissioner or Commissioners shall think fit, without any new Map or Survey being made of such Part of the Lands and Grounds, as shall be comprized in any such approved Map. or Survey as aforesaid.

Claimants of Com. mon, &c. in Land to be inclosed, shall

VI. And be it further enacted, That all Persons, and Bodies Corporate or Politick, who shall have or claim any Common or other deliver to Right to or in any such Lands so to be inclosed, shall deliver or cause the Commision: to be delivered to such Commissioner or Commissioners, or one of Particulars, or them, at some one of such Meetings as the said Commissioner or shall be excluded, Commissioners shall appoint for the Purpose (or within such further which claims may Time, if any, as the said Commissioner or Commissioners shall for

ers Schedules of

be inspected, and

Copies taken.

No. 7.

some special Reason think proper to allow for that Purpose) an Account or Schedule in Writing, signed by them, or their respective 41 G. III. c. 109. Husbands, Guardians, Trustees, Committees, or Agents, of such their respective Rights or Claims, and therein describe the Lands and Grounds, and the respective Messuages, Lands, Tenements, and Hereditaments, in respect whereof they shall respectively claim to be entitled to any and which of such Rights in and upon the same or any Part thereof, with the Name or Names of the Person or Persons then in the actual Possession thereof, and the particular computed Quantities of the same respectively, and of what Nature and Extent such Right is, and also in what Rights, and for what Estates and Interests they claim the same respectively, distinguishing the Freehold from the Copyhold or Leasehold; or on Non-compliance therewith, every of them making Default therein shall, as far only as respects any Claim so neglected to be delivered, be totally barred and excluded of and from all Right and Title in or upon such Lands so to be divided respectively, and of and from all Benefit and Advantage in or to any Share or Allotment thereof; all which said Claims or Accounts shall, at all seasonable Times until after the Execution of the said Award, be open to the Inspection and Perusal of all Parties interested or claiming to be interested in the Premises, their respective Agents or Attornies, who may take Copies thereof, or Extracts therefrom respectively; and if any Person or Persons, or Body Politick or Corporate interested, or claiming to be interested in the Premises, shall Objections to have any Objection to offer to any such Account or Claim, the Parti- Claims shall be culars of such Objection shall be reduced into Writing, and signed by before the Meetthem or their respective Husbands, Guardians, Trustees, Committees, ing appointed for or Agents, and shall be delivered to the said Commissioner or Com- that Purpose, or missioners, at or before some other Meeting of such Commissioner or ceived except for Commissioners, to be by him or them appointed for that Purpose; special Cause. and no such Objection shall afterwards be received, unless for some legal Disability or special Cause to be allowed by the said Commissioner or Commissioners. (1)

delivered at or

shall not be re

Commissioners

Title to Lands;

the Persons in ac

VII. Provided also, and be it further enacted, That Nothing herein contained shail authorise such Commissioner or Commissioners not hereby autho to hear and determine any Difference or Dispute which may arise, rized to determine touching the Right or Title to any Lands, Tenements, or Heredita- Disputes touching ments, but such Commissioner or Commissioners shall assign and set but shall assign out the several Allotments directed to be made unto the Person or the Allotments to Persons, who, at the Time of the Division and Inclosure, shall have tual Seisin or Posthe actual Seisin or Possession of the Lands, Tenements, or Heridita- session. Disputes ments, in Lieu or in Right whereof such Allotment shall be re- as to Tide slinli not delay Inciospectively made: Provided also, That no Difference or Suit, touching sures. the Title to any Lands, Tenements, or Hereditaments, shall impede or delay the Commissioner or Commissioners in the Execution of the

(1) The Drawing a Claim conformable to this Clause requires a very considerable Portion of technical Accuracy, and I have in Practice known many valuable Rights defeated in consequence of the Informality of the Claim. The Discretion reposed in Commissioners upon this Subject is extremely liable to Abuse, as such Commisioners have, if not generally, at least very frequently, the Feeling of Agents for the Parties by whom they are nominated, and I have actually heard a Commissioner avow, that he considered himself as the Agent of a particular Description of Claimants, and it is obvious, that a Person with such Feelings may be induced to admit or reject the Presentation of further Claims, according to the Interests which he is disposed to espouse. The most suitable Remedy for this Inconvenience would be a general Enactment, that all Objections to Claims should be particularly stated in Writing, and that the Claimant should be at Liberty to amend his Claim in the Particulars objected to.

No. 7.

Powers vested in him or them, by Virtue of any such Act; but the 41 G. III. c. 109. Division or Inclosure directed to be made shall be proceeded in, notwithstanding such Difference or Suit.

before making any

thereof to be de

appoint a Meeting

sioners, with a Jus.

sion. shall deter

VIII. And be it further enacted, That such Commissioner or Commissioners Commissioners shall, and he or they is and are hereby authorized and Alloum nis shall required, in the first Place, before he or they proceed to make any of appoint pubick the Divisions and Allotments directed in and by any such Act, to set Carriage Roads, out and appoint the publick Carriage Roads and Highways, through and over the Lands and Grounds intended to be divided, allotted, and inclosed, and to divert, turn, aud stop up, any of the Roads and Tracts, upon and over, all, or any Part of the said Lands and Grounds, as he or they shall judge necessary, so as such Roads and Highways shall be, and remain thirty Feet wide at the least, and so as the same shall be set out in such Directions as shall, upon the Whole, appear to him or them most commodious to the Publick, and he or they are hereby further required to ascertain the same by Marks and prepare a Map and Bounds, and to prepare a Map in which such intended Road, posit d with their shall be accurately laid down and described, and to cause the sames Clerk, and give being signed by such Commissioner, if only one, or the major Part of Notice thereof, & such Commissioners, to be deposited with the Clerk of the said Comat which, if any missioner or Commissioners, for the Inspection of all Persons conPerson shall ob cerned; and as soon as may be after such Carriage Roads shall have ject, the Commis been so set out, and such Map so deposited, to give Notice in some ties of the Divi- Newspaper to be named in such Bill, and also by affixing the same mine the the alat upon the Church Door of the Parish, in which any of the Lands so to be inclosed shall lie, of his or their having set out such Roads, and deposited such Map, and also of the general Lines of such intended Carriage Roads, and to appoint in and by the same Notice, a Meeting to be held by the said Commissioner or Commissioners, at some convenient Place, in or near to the Parish or Township within which the said Inclosure is to be made, and not sooner than three Weeks from the Date and Publication of such Notice, at which Meeting it shall and may be lawful for any Person who may be injured or aggrieved by the setting out of such Roads to attend, and if any such Person shall object to the setting out of the same, then such Commissioner or Commissioners, together with any Justice or Justices of Peace, acting in and for the Division of the County in which such Inclosure shall be made, and not being interested in the same, who may attend such Meeting, shall hear and determine such Objection, and the Objections of any other such Person, to any Alteration that the said Commissioner or Commissioners, together with such Justice or Justices, may in Consequence propose to make, and shall, and he or they are hereby required, according to the best of their Judgement upon the Whole, to order and finally direct how such Carriage Roads shall be set out, and either to confirm the said Map, or make such Alterations therein Where Commis as the Case may require: Provided always, That in Case such Comsioners may be empowered to stop missioner or Commissioners shall by such Bill be empowered to stop up auy old Road, up any old or accustomed Road, passing or leading through any Part it shall not be done of the old Inclosures in such Parish, Township, or Place, the same of two Justices, shall in no Case be done without the Concurrence and Order of two subject to appeal, Justices of the Peace, acting in and for such Division, and not interested in the Repair of such Roads, and which Order shall be subject to an Appeal to the Quarter Sessions, in like Manner and under the same Forms and Restrictions as if the same had been originally made by such Justice as aforesaid.

without the Order

to

sions.

Quarter Ses

Carriage Roads IX. And be it further enacted, That such Carriage Roads so to shall be fenced on be set out as aforesaid, shall be well and sufficiently fenced on both ing to Duections Sides, by such of the Owners and Proprietors of the Lands and of Commissioners. Grounds intended to be divided, allotted, and inclosed, and within

both Sides accord

No. 7.

less than 50 Yards

shall appoint Sur

the Road, (above

other

Award.

shall account to

such Time as such Commissioner or Commissioners shall, by any Writing under his or their Hands, direct or appoint, and that it shall 41 G. III. c. 109. not be lawful for any Person or Persons to set up or erect any Gate No Person shall erect any Gate across any such Carriage Road, or to plant any Trees in or near to the across any Road. Hedges on the Sides thereof, at a less Distance from each other than or plant any Trees fifty Yards; and such Commissioner or Commissioners shall, and he on the Sides, at or they is and are hereby empowered and required, by Writing under distance. his or their Hands, to nominate and appoint one or more Surveyor or Commissioners Surveyors, with or without a Salary, for the First forming and com- veyors, whose Sapleting such Parts of the said Carriage Roads as shall be newly made, lary and the Exand for putting into complete Repair such Part of the same as shall pence of making have been previously made; which Salary (if any) and also the Ex- the Statute Duty.) pence of forming, completing, and repairing such Roads respectively, shall be raised as over and above a Proportion of the Statute Duty on the Roads so to and paid before Expences, be repaired, shall be raised in like Manner as the Charges and Ex- Execution of the pences of obtaining and passing any such Act, and of carrying the same into Execution, shall be thereby directed to be raised, and shall be paid to such Surveyor or Surveyors on or before the Execution of the Award of such Commissioner or Commissioners; and in Case the same shall be thereby provided to be raised by Sale of any Part of the Lands so to be divided and inclosed, that then such Commissioner or Commissioners shall make a conditional Rate upon the Owners and Proprietors of the same, in Case the Produce of such Sale should prove insufficient for the Purposes aforesaid; and such Surveyor or Surveyors subject Surveyors shall, and he or they is and are hereby directed to be in all to the Controul of Respects subject to the Jurisdiction and Controul of the Justices of the Justices, and the Peace acting in and for the County in which such Roads shall them for Monies respectively lie, and shall account to such Justices in like Manner for received. all Monies so to be by him or them received and expended, and for the Re-payment of any Surplus which may remain in his or their Hands to such Persons as shall have been made liable to contribute thereto, according to the Proportion so as above ascertained by such Commissioner or Commissioners; and such Justices shall have the Justices may levy like Powers of levying any such Rate as may by them be thought necessary for the Purposes aforesaid, according to the Proportions previously ascertained by such Commissioner or Commissioners, as if such Surveyor of Surveyors had been appointed under or by Virtue of the General Highway Act passed in the thirteenth Year of the Reign of his present Majesty; and in Case such Surveyor or Surveyors shall Surveyors neglectneglect to complete and repair such Roads respectively within the Roads within Space of two Years after such Award, unless a further Time, not limited Time shall exceeding one Year, shall for that Purpose be allowed by such Jus- Inhabitants shall tices, and then within such further Time, he or they shall forfeit the not be chargeable Sum of Twenty Pounds, and the Inhabitants at large of the Parish, (except to the Sta ute Duty) till the Township, or Place wherein such Roads shall be respectively situate, Roads are declared shall be in no wise charged or chargeable towards forming or repairing to be completed at the said Roads respectively, except such Proportion of such Statute a Special Sessions. Duty as aforesaid, till such Time as the same shall, by such Justices in their special Sessions, be declared to be fully and sufficiently formed, completed, and repaired, from which Time, and for ever thereafter, the same shall be supported and kept in Repair by such Persons, and in like Manner as the other publick Roads within such Parish, Township, or Place, are by Law to be amended and kept in Repair.

Rates

ting to complete

a

forteit 201. and the

X. And be it further enacted, That such Commissioner or Com- Commissioners missioners shall, and he or they is and are hereby empowered and shall appoint pri vate Roads, &c. required to set out and appoint such private Roads, Bridleways, Footways, Ditches, Drains, Watercourses, Watering Places, Quarries, Bridges, Gates, Stiles, Mounds, Fences, Banks, Bounds, and Land

No. 7.

Marks, in, over, upon, and through or by the Sides of the Allot41 G. III. c. 109. ments to be made and set out in pursuance of such Act, as he or they shall think requisite, giving such Notice and subject to such Examínation, as to any private Roads or Paths, as are above required in the Case of publick Roads, and the same shall be made, and at all Times for ever thereafter be supported and kept in Repair, by and at the Expence of the Owners and Proprietors for the Time being of the Lands and Grounds directed to be divided and inclosed, in such Shares and Proportions as the Commissioner or Commissioners shall in and by his or their Award order and direct.

Grass and Herb

the

XI. And be it further enacted, That after such publick and age on Roads shall private Roads and Ways shall have been set out and made, the Grass belong to the Pro and Herbage arising thereon shall for ever belong to and be the sole Lands adjoining; Right of the Proprietors of the Lands and Grounds which shall next prietors of and all Roads adjoin the said Roads and Ways on either side thereof, as far as the which shall not be Crown of the Road; and all Roads, Ways, and Paths, over, through, allotted and in- and upon such Lands and Grounds which shall not be set out as

set out shall be

closed.

aforesaid, shall be for ever stopped up and extinguished, and shall be deemed and taken as Part of the Lands and Grounds to be divided, allotted, and inclosed, and shall be divided, allotted, and inclosed No Turnpike accordingly: Provided, That Nothing herein contained shall extend, Road shall be al- or be construed to extend, to give such Commissioner or Commistered without the sioners any Power or Authority to divert, change, or alter any Turnpike Road that shall or may lead over any such Lands and Grounds, unless the Consent of the Majority of the Trustees of such Turnpike Road, assembled at some publick Meeting called for that Purpose on ten Days Notice, be first had and obtained. (2)

Consent of the
Trustees.

ments, shall have

XII. And be it further enacted, That such Commissioner or Commissioners, Commissioners in making the several Allotments directed by any such in making Allot Act, shall have due Regard as well to the Situation of the respective due regard to the Houses or Homesteads of the Proprietors, as to the Quantity and situation of Ilouses Quality of the Lands and Ground to be allotted to them respectively, as well as to the so far as may be consistent with the general Convenience of the said Quantity and Qua lity of Laud. Proprietors; and that such Commissioner or Commissioners in making the said Allotments shall have particular Regard to the Convenience of the Owners or Proprietors of the smallest Estates in the Lands and Grounds directed to be allotted and exchanged.

XIII. And whereas the Proprietors and Persons interested in Open Cominon Fields, Meadows, Pastures, Commons, and Waste Lands, directed to be divided and allotted, whose Allotments thereof will be small, and expensive to inclose, may be desirous of stocking and depastarring their Allotments in common, and of sharing such Produce as may grow thereon, under proper Regulations; be it therefore further enacted, That such Commissioner or Commissioners shall be, and he or they is and are hereby fully authorized and empowered, on Application of the Parties interested at their first or second Meeting for receiving Claims, and on an attentive View and full Consideration of the Premises, to award, order, and direct any such Allotments to be laid together and ring-fenced, and to be stocked and depastured in common, and to make such Orders and Regulations for the equitable Enjoyment thereof, and for the Participation of any Produce growing or to grow thereon, as such Commissioner or Commissioners may think beneficial and proper for the said several Parties interested therein.

XIV. And be it further enacted, That the several Shares of and in any Lands or Grounds which shall upon any such Division be assigned, set out, allotted, and applied, unto and for the several Persons

(2) See Rex v. Commissioners of Dean Inclosure, 2 M. & S. 80.