at or before the meeting appointed for

that purpose,

or shall not be

shall be reduced into writing and signed by them or their respective husbands, guardians, trustees, committees, or agents, and shall be delivered to the said commissioner or commissioners, at or before some other meeting of such received except commissioner or commissioners, to be by him or them appointed for that purfor special pose; 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.

cause.

Commissioners not hereby authorised to determine

disputes touching rights;

VII. PROVIDED also, and be it further enacted, that nothing herein contained shall authorize such commissioner or commissioners to hear and determine any difference or dispute which may arise, touching the right or title to any lands, tenements, or hereditaments, but such commissioner or commissioners shall assign and set out the several allotments directed to be made unto the person or persons who, at the time of the division and inclosure, the persons in shall have the actual seisin or possession of the lands, tenements, or here

but they shall assign the allotments to

actual posses

sion of the

whereof the

allotment is made.

ditaments, in lieu or in right whereof such allotment shall be respectively lands, in right made: Provided also, that no difference or suit touching the title to any lands, tenements, or hereditaments shall impede or delay the commissioner or commissioners in the execution of the powers vested in him or them, by virtue of any such Act, but the division or inclosure directed to be made shall be proceeded in notwithstanding such difference or suit.

Commissioners

any allotments

shall appoint

publick carriage roads, and prepare а map thereof

to be deposited

with their
clerk, and give
notice thereof,

and appoint a
meeting, at

which, if any person shall object, the

VIII. AND be it further enacted, that such commissioner or commissioners before making shall and he or they is and are hereby authorized and required, in the first place, before he or they proceed to make any of the divisions and allotments. directed in and by any such Act, to set 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, and stop up any of the roads and tracks 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 commissioners, the same by marks and bounds, and to prepare a map in which such intended with a justice roads shall be accurately laid down and described, and to cause the same, of the division, shall determine being signed by such commissioner, if only one, or the major part of such commissioners, to be deposited with the clerk of the said commissioner or commissioners for the inspection of all persons concerned, and as soon as may be after such carriage roads shall have been so set out and such map so deposited, to give notice in some newspaper to be named in such Bill, and also by affixing the same 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 com

the matter.

missioners, 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 as the case may require : Provided always, that in case such commissioner or commissioners shall by such Bill be empowered to stop up any old or accustomed road passing or leading through any part of the old inclosures in such parish, township, or place, the same shall in no case be done without the concurrence and order of two 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.

The carriage fenced on both sides by such

roads shall be

of the land owners as the commissioners

shall direct,

gate across

trees

and no person
shall erect any
any road, or
plant any
on the sides at
less than 50
yards distance.
The commis-

veyors, and if

IX. AND be it further enacted, that such carriage roads so to be set out as aforesaid shall be well and sufficiently fenced on both sides by such of the owners and proprietors of the lands and grounds intended to be divided, allotted, and inclosed, and within such time as such commissioner or commissioners shall, by any writing under his or their hands, direct or appoint, and that it shall not be lawful for any person or persons to set up or erect any gate across any such carriage road, or to plant any trees in or near to the hedges on the sides thereof at a less distance from each other than fifty yards; and such commissioner or commissioners shall and he or they is and are hereby empowered and required, by writing under his or their hands, to nominate and appoint one or more surveyor or surveyors, with or without a salary, for the first forming and completing such parts of the said carriage roads as shall be newly made, and for putting into complete repair such part of the same as shall have been previously made, which salary (if any) and also the expence of forming, completing, and repairing such roads respectively, over and above a proportion of the statute duty on the roads so to be repaired, shall be raised in like manner as the charges and expences 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 shall, and he or they is and are hereby directed to be in all respects subject to the jurisdiction and controul of the justices of the peace acting in and for the county in which such roads shall respectively lie, and shall account to such justices in like manner for all count to them monies so to be by him or them received and expended, and for the re-payment for monies of any surplus which may remain in his or their hands to such persons as shall

sioners shall
appoint sur-
with a salary
such salary and
the expence of
making the
road over and
statute duty,
as other ex-
pences, and
paid on or

above the

shall be raised

before execution of the

award.

Surveyors to
the controul
of the justices,

be subject to

and shall ac

received.

Justices may levy rates.

If surveyors neglect to complete roads within a limited time, they shall forfeit 201.,

have been liable to contribute thereto, according to the proportion so as above ascertained by such commissioner or commissioners; and such justices shall have the 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 or 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 neglect to complete and repair such roads respectively within the space of two years after such award, unless a further time not exceeding one year shall for that purpose be allowed by such justices, and then within such further time, he or they shall forfeit the sum of twenty be chargeable pounds, and the inhabitants at large of the parish, township, or place wherein with the forma- such roads shall be respectively situate shall be in no wise charged or tion or repair (except statute chargeable towards forming or repairing the said roads respectively, except duty), till roads such proportion of such statute 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.

and the inhabi

tants shall not

declared to be completed at a special sessions.

Commissioners shall appoint private roads, &c.

The grass and
herbage on
roads shall

belong to the
proprietors
of the lands

adjoining on
either side;
and all roads
which shall

not be set out

X. AND be it further enacted, that such commissioner or commissioners shall and he or they is and are hereby empowered and 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 marks in, over, upon, and through or by the sides of the allotments 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 examination 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.

XI. AND be it further enacted, that after such publick and private roads and ways shall have been set out and made, the grass and herbage arising thereon shall for ever belong to and be the sole right of the proprietors of the lands and grounds which shall next adjoin the said roads and ways on either side thereof as far as the crown of the road; and all roads, ways, and paths over, through, and upon such lands and grounds, which shall not be set out as aforesaid, shall be for ever stopped up and extinguished, and shall be deemed and shall be allotted taken as part of the lands and grounds to be divided, allotted, and inclosed, and shall be divided, allotted, and inclosed accordingly: Provided, that nothing herein contained shall extend, or be construed to extend, to give such commissioner or commissioners 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.

and inclosed.

No turnpike road shall be

altered without

the consent of the trustees.

the situation

XII. AND be it further enacted, that such commissioner or commissioners, Commissioners, in making alin making the several allotments directed by any such Act, shall have due lotments, to regard, as well to the situation of the respective houses or homesteads of the have regard to proprietors as to the quantity and quality of the lands and grounds to be of houses as allotted to them respectively, so far as may be consistent with the general well as the quantity and convenience of the said proprietors; and that such commissioner or commis- quality of sioners, in making the said allotments, shall have particular regard to the land, so far as convenience of the owners or proprietors of the smallest estates in the lands general conand grounds directed to be allotted and exchanged.

consistent with

venience.

may direct

ments to be laid together

XIII. AND whereas the proprietors and persons interested in open common 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 depasturing their allotments in common, and of sharing such produce as may grow thereon, under proper regulations: Be it Commissioners therefore further enacted, that such commissioner or commissioners shall be small allotand 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 ringfenced, 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 who shall be entitled to the same, shall, when so allotted, be and be taken to be in full bar of and satisfaction and compensation for their several and respective lands, grounds, rights of common, and all other rights and properties whatsoever which they respectively had or were entitled to in and over the said lands and grounds immediately before the passing of any such Act; and that from and immediately after the making the said division and allotments, and the execution of the award of such commissioner or commissioners, or at any other time as such commissioner or commissioners shall, by writing under his or their hands, to be affixed on the principal door of the church of the parish in which the lands and grounds shall be situate, direct or appoint, all rights of common, and all rights whatsoever by such Act intended to be extinguished, belonging to or claimed by any person or persons whomsoever, bodies politick or corporate, in, over, or upon such lands or grounds, shall cease, determine, and be for ever extinguished.

and ringfenced, and depastured in common by the proprietors.

stocked and

Allotments to pensation for all rights in the

be in full com

lands.

may allot

messuages,

XV. AND be it further enacted, that such commissioner or commissioners Commissioners shall and he or they is and are hereby authorized to set out, allot, and award any messuages, buildings, lands, tenements, hereditaments, new allotments, lands, &c. in or old inclosures, within such parish or manors, in lieu of or in exchange for others, with exchange for any other messuages, buildings, lands, tenements, hereditaments, new allot- the consent of the proprietors, ments, or old inclosures within the said parish or manors, or within any or if belonging adjoining parish or place; so as that all such exchanges be made with the to churches, consent of the respective owners, proprietors, or other persons, seised of the consent of the

VOL. IV.

с

&c. with the

the patron.

bishop and of lands, hereditaments, and premises which shall respectively be so exchanged as aforesaid, or of the husbands, guardians, trustees, committees, or attornies acting for or on behalf of such owners, proprietors, or other persons respectively, who are under coverture, minors, lunaticks, or beyond the seas, or under any other disability or incapacity of acting for themselves (such consent to be testified by writing under their respective hands); and so that all such exchanges be ascertained, specified, and set forth in the award of such commissioner or commissioners; and so that all such exchanges of any lands, tenements, or hereditaments, belonging to or held in right of any church, chapel, or ecclesiastical benefice, shall also be made with the like consent in writing of the bishop of the diocese, and of the patron of any church, chapel, or ecclesiastical benefice for the time being; and all such exchanges so made as aforesaid shall be for ever good, valid, and effectual in the law, to all intents and purposes whatsoever.

XVI. AND whereas it may happen that some of the proprietors of messuages, cottages, tenements, or lands, in any such parish or manor, and persons entitled to allotment or allotments to be made by virtue of any such Act, may be seised thereof or entitled thereto in joint tenancy, or as coparceners, or tenants in common, and cannot, by reason of infancy, settlement, or absence beyond seas, Commissioners make an effectual division thereof: Be it therefore further enacted, that it may make shall be lawful for any such commissioner or commissioners, and he or they is allotments in severalty to and are hereby authorized and empowered (upon the request in writing of joint tenants such joint tenants or coparceners, or tenants in common, or any or either of or tenants in common. them, or of the husbands, guardians, trustees, committees, or attornies of such as are under coverture, minors, lunaticks, or under any other incapacity as aforesaid, or absent beyond seas,) to make partition and division of the messuages, cottages, tenements, lands, and allotment or allotments, to such of the said owners or proprietors who shall be entitled to the same as joint tenants, coparceners, or tenants in common, and to allot the same accordingly to such owners and proprietors in severalty; and from and immediately after the said allotments shall be so made and declared, the same shall be holden and enjoyed by the person or persons to whom the same shall be allotted in severalty, in such and the same manner, and subject to such and the same uses, as the undivided parts or shares of such estates would have been held in case such partition and division had not been made.

Persons to

accept their

allotments in a
limited time,
or to forfeit

their right.

Guardians, &c. may accept for incapacitated persons, and

XVII. AND be it further enacted, That all and every person or persons, to whom any allotment or allotments shall be made by virtue of any such Act, shall and he, she, or they is and are hereby required to accept his, her, and their respective allotments within the space of two calendar months next after the execution of the award directed to be made in and by any such Act; and in case any person or persons shall neglect or refuse to accept of his, her, or their share or allotment within the time before mentioned, such person or persons so neglecting or refusing shall be totally excluded from having or receiving any estate or interest or right of common whatsoever, in any part of the lands and grounds to be divided and inclosed by virtue of any such Act.

XVIII. PROVIDED always, and be it further enacted, that it shall and may be lawful for the respective guardians, husbands, trustees, committees, or attornies of any person or persons being minors, femes covert, lunaticks, beyond shall accept of the seas, or otherwise incapable by law, to accept any such allotments as shall

tenants for life

allotments.