No. 6. or Meer, shall, by proper Bound Stones, sufficiently mark and distinguish the several Lands ploughed, and the several Lands laid down 13 Geo. III. c.81. in lieu thereof, so that the Property thereof, and each Person's Right therein, may be clearly known and ascertained. &c. with Consent may lease a twelfth Part, &c. XV. And be it further enacted by the Authority aforesaid, That Lords of Manors, it shall and may be lawful to and for the Lord or Lords, Lady or Ladies, of any Manor, with the Consent of Three-fourths of the Persons having Right of Common upon the Wastes and Commons within his, her, or their Manor, at a Meeting to be held after fourteen Days Notice, such Notice to be given in Manner herein before directed by the Lord or Lords, Lady or Ladies, of the Manor, or their Agent respectively, at any Time or Times, to demise or lease, for any Term or Number of Years, not exceeding four Years, any Part of such Wastes and Commons, not exceeding a Twelfth Part thereof, for the best and most improved yearly Rent that can by publick Auction be got for the same; and that the clear Net Rents reserved to the Lord or Lords, Lady or Ladies, his, her, or their Heirs, Executors, Administrators, or Assigns, by any Lease or Leases to be granted as aforesaid, shall be by him, her, or them, and the major Part of his, her, or their Tenants, applied in the draining, fencing, or otherwise improving of the Residue of such Wastes and Commons. levied for the im stinted Commons. XVI. Provided always, nevertheless, and be it enacted by the Authority aforesaid, That in every Manor where there are stinted Assessments to be Commons, in lieu of demising or leasing Part thereof, one or more proving of Wastes Assessinent or Assessments upon the Lord or Lords, Lady or Ladies, where there are of such Manor, and the Persons being Owners or Occupiers of such Commons, or their Agents or Managers, shall or may, at their Option, be made, levied, and collected, by such Person and Persons, and allowed in such Manner as the Lord or Lords, Lady or Ladies, of such Manor, and the major Part in Number and Value of the Owners or Occupiers of such Commons, present at a Meeting to be held within the said Manor, in pursuance of fourteen Days Notice to be given by the Lord or Lords, Lady or Ladies, or his, her, or their Agent, in Manner aforesaid, of the Time and Place of Meeting for that Purpose, shall direct and appoint in that Behalf; and the Money thereby raised shall be employed and accounted for, according to the Orders and Directions of the said Lord or Lords, Lady or Ladies, and such Majority of the Owners or Occupiers, as aforesaid, in the Improve ment of such Commons, from Time to Time, as Need shall require; and the said Assessments shall, by virtue of a Warrant under the Hand and Seal of one Justice of the Peace, be levied by Distress and Sale of the Goods and Chattels of every Person so assessed, and not paying the same within ten Days after being demanded, rendering the Overplus of the Value of the Goods so distrained (if any) to the Owner and Owners thereof, the necessary Charges of making such Distress and Sale being first deducted. XVII. And whereas there are, in many Parts of this Kingdom, 'certain stinted Commons of Pasture which are never enjoyed in 'Severalty, but which are at certain Times shut up for the better Growth of the Pasture, and opened on certain fixed Days, from 'which, in particular Circumstances and Seasons, great Inconveni'encies do and may arise;' be it enacted by the Authority aforesaid, That it shall and may be lawful for the major Part in Number and Stinted Commons Value of the Owners and Occupiers of such Common Pastures, pre- to be opened at a sent at a Meeting to be held after six Days Notice at least given, in certain Time, &c. Manner herein before directed, with the Consent of the Lord or Lords, Lady or Ladies, of the Manor, or his, her, or their Steward or Agent, to postpone the opening of the said Common Pastures for a Time not exceeding Twenty-one Days. No. 6. 13 Geo. III. c. 81. ་ XVIII. And whereas there are in many Places Common Pastures, with stinted or limited Rights of Common therein, which ⚫ are open the whole Year, and it would be attended with great Advantages to the Commoners to shut up and unstock the same at Two-thirds of particular Seasons;' be it enacted by the Authority aforesaid, That Commoners, with it shall and may be lawful to and for Two-thirds in Number and Consent, &c may Value of such Commoners, at a Meeting to be holden after fourteen and shutting of Days Notice given in Manner herein before directed, with the Consent Common Pastures, of the Lord or Lords, Lady or Ladies, of the Manor or Manors in which such Commons are situated, his, her, or their Steward or Stewards, Agent or Agents, to direct, order, and fix the Time when such Common Pastures shall be broke or depastured, and when the same shall be shut up and unstocked; such Orders to continue in Force for one whole Year, and no longer. direct the opening &c. XIX. Provided nevertheless, That a Portion of such Common Pastures shall be separated and set apart for the Use of such Commoners exclusively as shall not consent to such Regulation, and the Portion so set apart shall be adjudged by a Majority of such Cemmoners, not consenting as aforesaid, an Equivalent for their Rights of Common. XX. And whereas many stinted Common Pastures in this 'Kingdom are fed and depastured by Horses, Beasts, or Neat Cattle, and in many Instances it would tend to the Improvement of such Common Pastures, and to the better Manuring and Cultivation of the Arable Lands in Common Fields, or otherwise, to which such Common Pastures may belong, if the same were fed with Sheep; be it therefore enacted by the Authority aforesaid, That it shall and P'ersons having Right of Common nay be lawful to and for the major Part in Number and Value of the may depasture Persons having Right of Common in such Common Pastures, at any Sheep instead of Meeting to be held in pursuance of Notice, in Writing, under the other Cattle. Rams. Hands of a major Part of such Owners and Occupiers of such Common Pastures, or Persons having Right of Common therein, to be affixed on the principal Door of the Parish Church of the Parisha where such Common Pastures shall lie, or of the nearest Parish Church where such Lands shall lie in an extra-parochial Place, ten Days at least previous to such Meeting, specifying the Time and Place, and Intent of such Meeting, by Writing under their Hands, to alter and change the Manner and Custom of feeding and depastoring such Common Pastures, so far as instead of Horses, Cows, and other Cattle, to allow the same to be fed and depastured with Sheep, at the Option of each Person respectively having Right of Common; and to limit and stint the Number of Sheep each such Person, having Right of Common in such Common Pastures, shall respectively feed and de pasture thereon, in due Proportion to their respective Stints or Rights. XXI. And whereas the Improvement of the Breed of Sheep is a Matter of great national Importance, and the turning of Rams f upon Wastes and open Common Fields at certain Times of the Year has been found to be very prejudicial;' be it therefore enacted by the Authority aforesaid, That no Ram shall be turned upon, or be suffered to remain upon, any Wastes or Common Fields, between the Twenty-fifth Day of August and the Twenty-fifth Day of November in every Year. XXII. And whereas several of the Owners and Proprietors of Wastes, Commons, and Common Field Lands, may, at the Time of any Meeting to be held in pursuance of this Act, be incapable, through various Impediments, of entering into any of the Agreements hereby authorised to be made, for the better ordering, fencing, cultivating, and improving of Common Arable Fields, Wastes, and 'Commons of Pasture, in this Kingdom, without the Aid and Au- No. 6. 'thority of Parliament;' be it therefore further enacted, That it shall 13 Geo. III. c.81. and may be lawful to and for the Husbands, Guardians, Trustees, Persons formerly Committees, or known Agent or Receiver of any Owner and Proprie- under this act, under Disability, tor of Wastes, Commons, and Common Field Lands, and of any may sign Agree Person having a Right or Interest therein, being under Coverture, meuts. Minors, Lunaticks, or beyond the Seas, and for every or any of them for the Time being; and also to and for all and every or any of the said Owners and Occupiers, being Tenants in Tail, Tenants by the Courtesy of England, or Tenants for Life only, and to and for every or any of them respectively for the Time being, to enter into, and sign any Agreement to be made in pursuance of this Act. ceive Gratuity for XXIII. Provided also, and be it further enacted by the Autho- Rectors or Tithe rity aforesaid, That no Rector or Tithe Owner, in Right of his Owners, not to reRectory, Vicarage, or Curacy, or the Lessee of either of them respect- letting Titles, &c. ively, who shall agree for or let his Tithes of the said Common Field Lands, during the said Term of six Years, or any Part thereof, shall receive any Fine, Foregift, Gratuity, or Compensation whatever, other than by equal Half-yearly or yearly Payments. XXIV. And be it further enacted, That every Agreement so All Agreements entered into in pursuance of this Act, shall be good, valid, and made to be valid. effectual in the Law, for the Purposes thereby intended, notwithstanding the Want of legal Title in the said Owner or Owners, or in the said Husbands, Guardians, Trustees, Committees, Agents, or Receivers, or in the Persons acting as such, or in the said Tenants in Tail, Tenants by the Courtesy of England, or Tenants for Life only, any Settlement or Settlements, Will or Wills, to the contrary in any wise notwithstanding. without written XXV. Provided always, and be it enacted by the Authority aforesaid, That no Consent of any Occupier of Lands in such Com Consent of Oc. mon Arable Fields, or of a separate Sheep Walk therein, to any such cupiers not valid, first Agreement, for the ordering, fencing, cultivating, and improving Authority, &c. of such Common Fields, to be made by the Authority of or in pursu ance of this Act, shall be good and valid, unless such Occupier shall, at the Time of entering into such Agreement, produce a written Authority for that Purpose, under the Hand of the Owner or Proprietor, Guardian or Trustee; or in case of such Owner not being a Minor, and being in Parts beyond the Seas, of the known Agent of such Owner. minster. XXVI. And be it further enacted by the Authority aforesaid, Actions may be That if any Owner or Occupier of any Common Field Lands, or of brought at Westany Part thereof, for the better Cultivation whereof any Rules and Regulations shall have been agreed upon, in pursuance of the Powers and Authorities given by this Act, shall not conform to such Rules and Regulations, or shall wilfully deviate therefrom in any Respect whatsoever, that then, and in such Case, it shall and may be lawful to and for any Owner or Owners, or Occupier or Occupiers, of any Part of such Common Field Lands, who may have been damnified by a Breach of the Regulations aforesaid, to bring one or more Action or Actions of Trespass, or upon the Case, in any of his Majesty's Courts of Record at Westminster, against the Person or Persons so offending; and if in any such Action, so to be brought as aforesaid, a Verdict shall be given for the Plaintiff, or he shall recover Judgement by Default; that then, and in such Case, the Party or Parties so offending shall answer to the Party grieved all such Damages as shall be recovered in such Action, together with Double Costs of Suit. XXVII. Provided, That nothing in this Act contained shall prevent, or extend to prevent, any Person or Persons from inclosing all or any Part or Parts of his, her, or their Land, to and for his, her, No. 6. or their own Use or Benefit, such Person or Persons having full 13 Geo. III. c. 81. Power or Right so to do. c. XXVIII. Saving always to the King's most Excellent Majesty, his Heirs and Successors, and to all and every Lord or Lords, Lady or Saving all Rights, Ladies, of any Manor or Manors, and to all and every other Person and Persons, Bodies Politick or Corporate, his, her, and their Heirs, Successors, Executors, and Administrators (other than and except the respective Persons, their Heirs, Successors, Executors, and Administrators, who may, in consequence of this Act being duly carried into Execution, become subject to the Provisions and Regulations thereby authorised to be made), all such Estate, Interest, and Rights, as they, every, or any of them had or enjoyed in and over the said Common Arable Fields, Wastes, and Commons of Pasture, before the passing of this Act, or could or might have had and enjoyed in case the same had not been made. 41 G. III. c. 109 No. 7. 41 George III. c. 109.-An Act for consolidating in one W passing of Acts of Inclosure, it is expedient that certain HEREAS, in order to diminish the Expence attending the Clauses usually contained in such Acts should be comprized in one Law, and certain Regulations adopted for facilitating the Mode of proving the several Facts usually required by Parliament on the 'passing of such Acts; may it therefore please your Majesty that it may be enacted;' and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritua! and Temporal, and Commons, in this present Parliament assembled, No Person shall and by the Authority of the same, That no Person shall be capable act as a Commis- of acting as a Commissioner in the Execution of any of the Powers future Inclosure to be given by any Act hereafter to be passed for dividing, allotting, or Act, (except sign inclosing any Lands or Grounds, except the Power of signing and Meeting and ad- giving Notice of the first Meeting of the Commissioner or Commisministering Oath) sioners for executing any such Act, and of administering the Oath or until he shall have Affirmation herein-after directed, until he shall have taken and subherein prescribed scribed the Oath or Affirmation following: sioner under any ing Notice of first taken the Oath Oaths & Appoint ment of new Com missioners, shall I A. B. do swear [or, being one of the People called Quakers, do solemnly affirm], That I will faithfully, impartially, and honestly, according to the best of my Skill and Ability, execute and perform the several Trusts, Powers, and Authorities vested and reposed in me as a Commissioner, by virtue of an Act for [here insert the Title of the Act] according to Equity and good Conscience, and without Favour or Affection, Prejudice or Partiality, to any Person ⚫ or Persons whomsoever. So help me GOD.' Which Oath or Affirmation it shall be lawful for any one of the Commissioners, where more than one shall be appointed by any such Act, or any one Justice of the Peace for the County within which the said be inrolled with Lands or Grounds shall be situated, where only one Commissioner the Award, and a shall be so appointed, to administer, and they are hereby respectively required to administer the same; and the said Oath or Affirmation, Copy shall be Evidence. No. 7. Commissioners to the others : act so to be taken and subscribed by each Commissioner, and also the Appointment of every new Commissioner, shall be annexed to and 41 G. III. c. 109. inrolled with the Award of any Commissioner or Commissiones, and a Copy of the Inrolment thereof shall be admitted as legal Evidence. il. And be it further enacted, That every Person appointed a Commissioner in or by virtue of any such Act, who shall refuse or declining to decline to act as such, shall forthwith give Notice in Writing to the shall give Notice other Commissioner or Commissioners of his Intention to refuse or decline acting as a Commissioner: Provided always, That no such er shall purchase Commissioner shall be capable of being a Purchaser of any Part or Lands within the Parts of the Lands, Tenements, or Hereditaments within any Parish closures are made, in which the Lands and Grounds intended to be inclosed are situate, for five Years after either in his own Name, or in the Name or Names of any Person or Persons, until five Years after the Date and Execution of the Award to be made by any such Commissioner or Commissioners. No Commission. Parish where lu their Award. Commissioners shall inquire into sufliciently ascer their Intention so III. And whereas Disputes or Doubts may arise, concerning 'the Boundaries of Parishes, Manors, Hamlets, or Districts, to be 'divided and inclosed, and of Parishes, Manors, Hamlets or Districts, adjoining thereto;' be it therefore enacted, That the Commissioner or Commissioners appointed in or by virtue of any such Act shall, the Boundaries of and he or they is and are hereby authorized and required, by Exami- Parishes, and if not nation of Witnesses upon Oath or Affirmation (which Oath or Af- tamed, they shall firmation any one of such Commissioners is hereby empowered to fix them, giving administer), and by such other legal Ways and Means as he or they previous Notice of shall think proper, to inquire into the Boundaries of such several to do. Parishes, Manors, Hamlets, or Districts; and in case it shall appear to such Commissioner or Commissioners that the Boundaries of the same respectively are not then sufficiently ascertained and distinguished, such Commissioner or Commissioners shall, and he or they is and are hereby authorized and required to ascertain, set out, determine, and fix the same respectively; and after the said Boundaries shall be so ascertained, set out, determined, and fixed, the same shall and are hereby declared to be the Boundaries of such Parishes, Manors, Hamlets, or Districts: Provided always, That such Commissioner or Commissioners (before he or they proceed to ascertain and set out the Boundaries of such Parishes, Manors, Hamlets, or Districts) shall, and he or they is and are hereby required to give publick Notice, by Writing under his or their Hands, to be affixed on the most publick Doors of the Churches of such Parishes, and also by Advertisement to be inserted in some Newspaper to be named in such Act, and also by Writing to be delivered to or left at the last or usual Places of the Abode of the respective Lords or Stewards of the Lords of the Manors in which the Lands and Grounds to be inclosed shall be situate, and of such adjoining Manor or Manors, ten Days at least before the Time of setting out such Boundaries, of his or their Intention to ascertain, set out, determine, and fix the same respectively; and such Commissioner or Commissioners shall, within one Month after his or seption of Boun their ascertaining and setting out the same Boundaries, cause a De- daries to be description thereof in Writing to be delivered to or left at the Places of Church Warden, Abode of one of the Churchwardens or Overseers of the Poor of the xe of the respec respective Parishes, and also of such respective Lords or Stewards: tive Parishes, and Provided always, That if any Person or Persons interested in the Determination of the said Commissioner or Commissioners respecting the said Boundaries shall be dissatisfied with such Determination, Persons dissatis such Person or Persons may appeal to the Justices of the Peace acting the Quarter Ses fied may appeal to in and for the County in which such Lands or Grounds shall be situ- sions. ate at any General Quarter Session of the Peace to be holden within four Calendar Months next after the aforesaid Publication of the said Boundaries, by delivering or leaving such Description as aforesaid, the Commissioners shall cause a De livered one the Lords of Menors, &c. |