veyed, for his, her, or their own ufe and benefit. And PROCEDURE if any commiffioner in an inclofure or drainage bill, FOR INCLOfhall find any difficulty in obtaining a purchase in SURE ACTS. land, which may be equal in value to fuch fum of money not exceeding 200l. as by the faid ftanding order is directed to be paid into the Bank to await a future purchase, or which purchase may be difadvantageous in other refpeds, fuch commiffioners shall be at liberty to apply fuch fun of money towards the expences of fuch act, fo far as the proportion of the party entitled to fuch fum fhall amount to; and if there fhall be any furplus of fuch 200l. they may apply such futplus, after fuch application, in diminution of the fum allowed to be charged upon the eftate for the purpose of inclosure or drainage." Ord. H. L. 7th May, 1800.

By an order of the Houfe of Commons, June 24th, 1801 (which, with its fubfequent refolutions, is by an order of July 24, 1801, made a standing order) it is refolved:

Ift, "That in all future bills for inciofing lands or commons, a claufe be inferted providing what sum of money, in the whole, fhall be paid to each commiffioner to be appointed by fuch bill, in full fatisfaction of his expence and trouble in the execution of the trufts and powers thereby given, or that in default of fuch provifion being made, a claufe be inferted, providing that the account of fuch commiffioner, containing a true ftatement of all fums received and expended, or due for their own trouble or expences, fhall at least once in every year, from the date of the paffing of fuch act till fuch accounts fhall be finally allowed, together with the vouchers relating to the fame, be examined by fome perfon or perfons in fuch bill to be named, and the balance by him or them ftated in the book of accounts already required to be kept in the office of the clerk of fuch commiflioner; and that no charge of item in fuch accounts fhall be binding or valid, unless the fame thall be fo duly allowed.

2d. That in all fuch bills, provifion be made, that no witnefs fummoned to attend fuch commiffioner fhall be obliged to travel above eight miles from the boundary of the parish, manor, or difirict, thereby intended to be inclofed,

3d. "That in all fuch bills, provifion be made for empowering and requiring the commiffioners therein

PROCEDURE named, to appoint a furveyor, with or without a falary, FOR INCLO- for the first forming and completing fuch parts of the SUKE ACTS. public carriage-roads directed to be fet out and appoint

ed by fuch bill, as fhall be newly made, and for putting into complete repair fuch part of the fame as fhall have been previoufly made, and for defraying the expence of fuch falary, and of forming, completing, and repairing fuch roads respectively, over and above a proportion of the ftatute duty on the roads to be fo repaired, either by fale of a fufficient portion of the faid lands, or by a rate to be fettled and apportioned by fuch commiffioners upon the owners and proprietors of the fame: And in cafe of fale of fuch lands for the payment of the produce thereof, before the execution of the award to fuch furveyor or furveyors, to be accounted for as hereinafter-directed, and for making a conditional rate upon fuch owners and proprietors, in cafe the produce of fuch fale fhould prove infufficient for the purposes aforefaid, and for fubjecting fuch furveyor and his accounts to the jurifdiction, and controul of the jufticcs of the peace in all refpects whatever, and with the fame powers of levying fuch rate as may by fuch juftices be thought neceffary, according to the proportions previously alcertained by fuch commiffioner or commiflioners, in like manner as if he or they had been appointed by virtue of the general highway act paffed in the thirteenth year of his prefent Majefty, and for the repayment of any furplus that may remain in his hands after fuch roads fhall be completely formed and repaired, to fuch perfons as fhall have been made liable to contribute thereto, according to the proportions abovementioned; and for preventing any charge or burthen being laid on the inhabitants at large, except fuch proportion of fuch fiatute-duty as aforefaid, until the fame fhall by fuch juftices, in their special feffions, be fo ordered or directed: And for enforcing by certain penalties on fuch furveyor, to be fpecified in fuch bill, the completing and repairing fuch roads within two years after the faid award, unlefs fuch justices fhall, on fufficient caufe being alledged, and proved to their fatisfaction, grant a further time, not exceeding one year.

4th, "That in all fuch bills, whenever any money is, under the provisions of fie bill, to be paid for the purchase or exchange of any lands, tenements, or hereditaments, or of any timber or wood growing thereon,

and which money ought to be laid out in the purchase PROCEDURE of other lands, &c. to be feitled to the fame ufes, pro- FOR INCLOvifion fhall be made for empowering the commiffioners SURE ACTS. therein named, out of such fun to defray such proportion of the expence of paffing fuch act, and carrying the fame into execution, as fhall,if any, be charged upon any of the lands, &c, of the perfon or perfons, body politic or corporate, trustees or feoffces, in poffeffion of the lands, &c. fo fold or exchanged, or on which fuch timber or wood actually grew; and alfo the expence of any permanent improvement, fuch as building, fub-dividing, draining, or planting, and the like, which fhall in the judgment of fuch commiffioners be proper to be made, and fhall be made under their direction, upon any lands to be by virtue of fuch bill allotted to fuch perfon or perfons refpectively: And that the furplus thereof, not being less than the fum of 2001. be paid into the Bank of England, in the name and with the privity of the Adcountant-General of the court of Chancery, to be placed to his account, ex parte the commiflioner, or commiffioners under fuch particular bill, or under fuch other title as by the faid bill fhall be directed, pursuant to the method prescribed by the 12 Geo. 1. c. 32. and the general orders of the faid court, and without fee or reward; and fhall, when fo paid in, there remain until the fame fhall, by order of the court, upon a petition to be preferred to the faid court, in a fummary way, be applied either in the purchafe of land-tax, or towards the difcharge of any debts or incumbrances affecting the faid lands, &c. fo purchased or exchanged, or until the fame fhall upon the like application be laid out in a fummary way, after allowing for the expences neceffarily attending fuch purchafe by order of the court, in the purchase of other lands, to be fettled to the like ufes: And in the mean time, and until fuch money may, by order of the court, be laid out in fome of the public funds, or in government or real fecurities, and the dividends or intereft arifing therefrom fall by order of the court be paid to fuch perfons as would for the time being be entitled to the rents and profits of fuch lands, &c.fo to be purchased, conveyed, and fettled: And in cafe fuch money fhall be less than 2001. and more than 201. then it fhall, with the approbation of fuch commiffioners, be paid into the Bank of England, and applied by or

PROCEDURE der of the court of Chancery, in manner herein before FOR INCLO- directed, or may without any order of the court of ChanSURE ACTS. cery, be paid into the hands of two truftces to be nomi

nated by the perfons who for the time being would be entitled to the rents and profits of fuch lands, &c. fuch nomination to be approved of by fuch commiffioners, and fuch nomination and approbation to be in writing under the hands of the perfon fo nominating and approving; and the money paid to fuch trustees,fhall by them be applied in like manner as is before directed with refpect to the money fo to be paid into the Bank, in the name of the Accountant-General of the court of Chancery, but without any order of the faid court touching the application thereof: And in cafe fuch fum thall not exceed 20. then the fame fhall be paid to the perfons, who for the time. being would be entitled to the rents and profits of the lands, &c. fo to be purchased and conveyed, for their own ufe and benefit.

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5th, That no interested perfon shall be named a commiffioner, furveyor, or valuer, in the inclosure to be made by virtue of fuch bill, or the agent ordinarily intrufted with the care, fuperintendance, or management of the efiate of any perfon fo interefted.

6th, "That in all fuch bills aclaufe be inferted, requiring the commiffioners to fet out the public carriage-roads in fuch directions as thall appear most commodious for the public, and to afcertain the fame by marks and bounds,and to prepare a map, in which fuch intended roads fhall be accurately laid down and deferibed, fuch map, figned by the commiflioner, if only one, or the major part of the faid commiffioners, to be depofited with their clerk; and as foon as may be after fuch carriage-roads fhall have been fo fet out, and fuch map fo depofited, to give notice in fome newfpaper,circulating within that part of the county where fuch intended inclosure thall lie, which notice shall also be affixed upon the church-door of the parish, of having fet out fuch roads, and depofited fuch map, and alfo of the general lines of fuch intended carriageroads, and to appoint in the fame notice a meeting to be held by the faid commiflioners, at fome place in or near to the parish or townfhip within which the inclosure is to be made, and not fooner than three weeks from the date of fuch notice; at which meeting any perfon who may be injured or aggrieved by the fetting out of fuch roads, may

attend; and if any perfon fhall object to thefetting out PROCEDURE of the fame, then the commiffioners, together with any FOR INCLOjustice acting for the divifion in which fuch inclofure fhall SURE ACTS. be made, and not being interested in the fame, who may attend fuch meeting, fhall hear and determine fuch objec. tion,and the objections of any other fuch perfon,to any propofed alteration,and fhall, according to their judgment upon the whole, direct how fuch carriage-roads fhall be fet out, and either confirm the faid map, by re-figning the fame, or make fuch alterations therein as the cafe may require: And in cafe fuch commiffioners fhall by fuch bill be empowered to ftop up any old or accuftomed road paffing through any part of the old enclofures in fuch parish, township or place, the fame fhall in no cafe be done without the concurrence and order of two juftices of the peace acting in and for fuch divifion, and not interefted in the repair of fuch roads, and be fubject to an appeal to the quarter-feffions, in like manner as if the fame was originally ordered by fuch juftices.

7th, That bills for the purpose of inclosing small tracts of land, not exceeding three hundred acres, and effecting the fame by claufes ufual in fuch bills, fhall be confidered, as to the payment of fees, only as fingle bills; and that thofe for the inclosure of fmall tracts of land to be effected as above, not exceeding one hundred acres, fhall be fubject only to the payment of half the bill fees due on a fingle bill; the admeasurement in both cafes to be proved according to fuch form as may be preferibed by any act paffed in this fellion of parlia

ment.

But by an order of June 30th, 1801, the order of March 14th, 1781 (p. 84 ante), as well as that of March 3d 1801, together with the fecond, third, fourth, and fixth of the refolutions of June 24th, 1801, fhould be limited in their conftruction, fo as only to prevent any fuch bill from containing claufes contrary to any fuch refolutions refpectively.

After the bill is prepared, a meeting fhould be had of the proprietors to fettle it; and when it is finally fettled, a fair copy on brief paper must be made, to be prefented to the house, room being left on the first theet for the title of the bill to be fettled, and filled up on the third reading; to this copy there need be no marginal notes,