are entitled in Right or in refpect of the fame to any Right of
Common upon the faid Open Commonable Lands and Grounds or
any Part thereof, in lieu of and in exchange for any other Lands,
Tenements and Hereditaments whatsoever, within any of the Pa-
rishes, Townships, Hamlets or Places, in which the faid Open Com
monable Lands or Grounds refpectively lie or are fituate, or which
are entitled to Right of Common as aforefaid, or within any adjoining
Parifh, Hamlet, Township or Place, provided that all fuch Exchanges
be ascertained, fpecified and declared, in the faid Award of the faid
Commiffioners or fome other Deed or Deeds, Inftrument or Inftru-
ments, in Writing under their Hands and Seals, and be made with
the Confent of the Owner or Owners, Proprietor or Proprietors of
the Lands, Tenements or Hereditaments, which fhall be fo ex.
changed, whether fuch Owner or Owners, Proprietor or Proprie.
tors, fhall be a Body or Bodies Politick, Corporate or Collegiate,
or a Tenant or Tenants in Fee Simple or for Life, or in Fee Tail,
general or. fpecial, or by the Courtely of England, or for Years de-
terminable on any Life or Lives, or with the Confent of the Guar
dians, Trustees, Feoffees for Charitable or other Ufes, Hufbands,
Committees or Attornies, of or acting for any fuch Proprietors or
Owners as aforefaid, who at the time of making fuch Exchange
or Exchanges shall be refpectively Infants, Femes Covert, Lunatics
or under any other legal Încapacity, or who fhall be beyond the Seas
or otherwife difabled to act for themselves, himself or herself, fuch
Confent to be teftified in Writing under the Common Seal of the
Body Politick, Corporate or Collegiate and under the Hands of the
other Parties confenting refpectively; and all and every fuch Ex-
change and Exchanges fo to be made fhall be good, valid and effec
tual, in the Law to all Intents and Purposes whatsoever: Provided Provifo
nevertheless, that no Exchange fhall be made of any Lands, Tene
ments or Hereditaments, held in right of any Church, Chapel or
other Ecclefiaftical Benefice, without the Confent testified as afore-
faid of the Patron thereof, and of the Bishop of the Diocefe or
other Ordinary of the Ecclefiaftical Jurifdiction in which fuch Lands,
Tenements or Hereditaments, fo to be exchanged, fhall lie or be
fituate.

LVII. Provided always, and be it enacted, That the Cofts, Charges Expences of and Expences, attending the making and completing of all Exchanges Exchanges how paida and Partitions, under the Powers and Authorities in this Act, and the faid recited Act of the Forty firft Year of His prefent Majesty's Reign, or either of them contained, fhall be paid and borne by the feveral Perfons, Bodies Politick, Corporate or Collegiate, making fuch Exchanges or Partitions, in fuch manner and in fuch Propor tions as the faid Commiffioners shall order and direct.

LVIII. Provided always, and be it enacted, That all and every Allotments to the Allotments to be made in purfuance of this Act for or in refpect remain of fare of any Freehold Eftates fhall be deemed and taken to be and held Tenure. and enjoyed as Freehold Eftates (subject nevertheless to the Seigno. rial Rights of the Lords of the refpective Manors in which the fame are fituate) and all and every the Allotments to be made for or in refpect of any Copyhold or Cuftomary Eftates, held of any Manor or Manors in which the Lands and Grounds to be inclofed by virtue of this Act refpectively lie or are fituate, fhall be deemed and taken to be as Copyhold or Customary Eftates, and fhall be held of the Lords

Power for entranchifing Copyholds.

of the Fee thereof, under the fame Rents and by the fame Cuftoms and Services as the Copyhold or Cuftomary Lands and Hereditaments for which they were fo allotted are or ought to have been held, and fhall pafs by the like Surrenders as the Copyhold or Cuftomary Lands and Hereditaments in respect whereof fuch Allotments fhall be made now do pafs.

LIX. And be it further enacted, That it shall be lawful for the faid Commiffioners, and they are hereby empowered, with the Confent of the refpective Lord or Lords of the Manor or Manors of whom any Meluages, Cottages, Lands or Tenements in the said feveral and refpective Parishes, Townships, Hamlets or Places of Soberton, Hambledon, Catherington, Blendworth, Bedhampton, Kingfton, Portiffaie otherwife Portfea, Farlington, Wymering, Widley, Southwick, Weft Burhunt, Portchefter, Wicor and Wickham, or any of them, are or shall be holden by Copy of Court Roll and of the customary Tenant or Tenants by whom any fuch Meffuages, Cottages, Lands or Tenements fhall be refpectively holden, in and by the Award of the faid Commiffioners, or by any other Writing or Writings to be figned and fealed by the faid Commiffioners and by fuch Lord or Lords and Tenant or Tenants refpectively, or by the Hufbauds, Trustees or Guardians, Committees or Attornies of and for any fuch Tenants, being Femes Covert, Minors, Lunaticks, beyond the Seas, or under any other Difability or Incapacity (or under the Common Seal of any of them, being a Body or Bodies Politick, Corporate or Collegiate) at any time within Twelve Calendar Months after the Date of the Commiffioners Award, to declare any fuch. Copyhold or Cuftomary Meffuages, Cottages, Lands or Tenements to be enfranchised, and the Tenures by which the fame are holden, and the Fines, Heriots and other Services incident thereto, to be difcharged and extinguished; and that the fame Meffuages, Cottages, Lands or Tenements, or any Part or Parts thereof refpectively, fhall thenceforth be holden of the Lord or Lords of the fame Manor or refpective Manors, either by the Rents which fhall have been theretofore paid or payable in refpect thereof, or by any leffer Rent or Rents to be in fuch Writing or Writings afcertained and declared, or without Rent; and in lieu of and Compenfation for every fuch En franchisement, to award to the refpective Lord or Lords of the fame Manor or Manors fuch Sum or Sums of Money to be applied in the manner hereafter directed, or to affign and fet out to and for fuch Lord or Lords refpectively fuch Compenfation, by and out of any of the Lands and Tenements hereby directed to be divided, allotted and inclofed, as fhall in the Judgment of the faid Commiffioners be an Equivalent and Satisfaction for the cuftomary Payments, Burthens and Services to which fuch Copyhold Meffuages, Cottages, Lands or Tenements refpectively fhall have been fubject or liable; and the Lord or Lords for the time being of the Manor to whom any fuch ancient Rent fhall be referved and contained, or any leffer Rent affigned, fhall have the like Powers and Remedies for the Recovery of fuch Rents refpectively as by the Laws of this Realm are given for the Recovery of Rents, Seck Rents of Affize and Chief Rents; and from and after any fuch Declaration fhall be made and executed, and fuch Sum of Money or other Compensation fhall be paid or affigned in exchange for fuch Copyhold Tenure, the Lands and Tenements in every fuch Declaration comprised and

6

thereby

thereby expreffed to be enfranchised fhall be held, poffeffed and enjoyed by the Owner or Owners thereof paying or making fuch Compenfation, their refpective Heirs or Affigus, or other Perfons claim. ing in Reverfion or Remainder of the Lord or Lords of fuch Manors refpectively, in free and common Soccage, discharged of the Tenure by Copy of Court Roll, and of all Services and Duties incident to fuch Tenure, and of all other Services and Payments except the Rent or Rents which may be continued or referved to fuch Lord or Lords in refpect thereof; and the Lands or other Hereditaments fo to be affigned to fuch Lord or Lords fhall be by him or them, and by his or their Heirs, Succellors or Affigns, or by the Perfon or Perfons who fhall be entitled in Reversion or Remainder to fuch Manor or Manors refpectively, held and enjoyed in Compenfation for the Tenure fo to be extinguished, for fuch and the like Estates, ; and upon and for fuch Ufes, Trufts, Intents and Purposes, as the Manor or Manors of which the Copyhold Hereditaments fo enfran chifed fhall be holden, shall at the time of every fuch Enfranchifement ftand fettled and limited.

LX. Provided always, and be it further enacted, That the Money Appropriation of to be received for the Enfranchisement of any Copyhold Lands or Money. Tenements in pursuance of this Act, fhall be paid to the Lord or Lords of the Manor or Manors refpectively of whom the Copyhold Hereditaments fo sto be enfranchised shall at the time of the Enfran chifement thereof be holden where fuch Lord or Lords fhall be seised of fuch Manor or Manors in Fee Simple; and in all other Cafes the Money to be received for fuch Enfranchifement fhall be paid and applied in manner directed by the faid recited A&t of the Forty-first Year of the Reign of His prefent Majefty, with refpect to the Money to be paid for the Purchase or Exchange of any Lands, Tenements or Hereditaments, or any Timber or Wood growing thereon, and which Money ought to be laid out in the Purchase of Lands, Tenements or Hereditaments, to be fettled to the fame Ufes.

LXI. Provided always, and be it enacted, That nothing herein Provifo for Wills contained fhall extend or be conftrued, adjudged, deemed or taken and Settlements. to revoke, annul or make void any Settlement, Deed, Will or Lease whatsoever, or to prejudice any Perfon or Perfons having any Right or Claim of Dower, Jointure, Rent, Service, Debt, Charge or Incumbrance in, out of, upon or over or affecting the faid Purlieus, or upon the Commonable Lands and Grounds fo to be divided, allotted and inclofed, or exchanged by virtue of the faid recited A&t of the Forty firft Year of the Reign of His prefent Majefty, or of this Act, or any Part or Parcel thereof; but that the feveral Allotments fo to be allotted or given in Exchange upon fuch Divifion or Inclosure thereof to the feveral Purlieu Owners and Proprietors refpectively, fhall immediately after fuch Allotments or Exchanges fhall be made and set out, be, remain and enure, and be held and enjoyed, and the feveral Perfons to whom the fame fhall be so allotted or exchanged as aforefaid fhall, from the figning the faid Award, ftand, be feifed and poffeffed thereof refpectively to fuch and the fame Eftates, and with fuch and the fame Powers and Authorities for making Leafes thereof or otherwife, and fubject to fuch and the fame Wills, Limitations, Conditions, Settlements, Trufts, Provifoes, Remainders, Reverfions, Debts, Charges and Incumbrances (Right of Common, and Common of Pafturage as aforefaid, and fuch other

004

Exceptions

For vacating
Leafes at Rack
Rent.

What Leafes

may grant.

Exceptions and Provifions as are herein made only excepted), as the faid feveral Purlieus, Lands and Hereditaments, in refpect or in lieu thereof, or in right whereof fuch Allotments were and are to be made to them, refpectively, ftood feverally limited or fubject and liable unto at the Time of making fuch Allotments refpectively or figning the faid Award.

LXII. Provided always, and be it further enacted, That all the Allotments of Land to be made of the said Foreft by virtue of this Act, in refpect of any Meffuages, Houfes or Lands held by Leafe or Leafes at Rack Rent, or for which Leafes no Fines are expreffed therein to have been paid to the Grantors or Leffors as the Confiderations for the fame, fhall be allotted to and held by the feveral Owners and Proprietors of fuch Meffuages, Houfes and Lands, freed and difcharged from all Right or Claim of fuch refpective Leffees to, in or upon the faid Allotments or any Part thereof, to be derived under or by virtue of fuch Leafes; and in cafe any of fuch Leffees fhall think himfelf, herself or themfelves aggrieved thereby, and fuch Leffors and Leffees fhall not fettle the fame to their mutual Satisfaction, then, and in every fuch Cafe, it shall and may be lawful to and for the faid Commiffioners, on Application to them made by either Party, to take the Matters in Queftion into their Confideration, and by their Order to make unto every fuch Leffee for his, her and their Lofs of Commonage, or other Loffes by means of the faid Divifion, fuch a fair and adequate Allowance and Compenfation either in Money, to be paid down, or by way of Abatement or Reduction in the Rack Rents by fuch Leafes reserved, as the faid Commiffioners fhall think juft and equitable,

LXIII. Provided always, and be it further enacted, That_the Tenams for Life Lord Bishop of Winchefter for the time being and his Succeffors, and alfo the laid Warden and Scholars Clerks of Saint Mary College of Winchefter near Winchester and their Succeffors, fhall have full Power and Authority from time to time to grant any Leafe or Leafes of all or any Part of the Allotment and Allotments herein directed to be made to him and them, either for Three Lives or for Twenty one Years, in fuch Manner and Form in all Refpects as the faid Lord Bihop of Winchester and his Predeceffors, and the faid Warden and Scholars Clerks of Saint Mary College of Winchester near Winchefer, and their Predeceffors, are enabled to leafe their Lands and Eftates within the faid County of Southampton.

For preventing
Quickfets from

being damaged
by Sheep.

Satisfaction for

LXIV. And be it further enacted, That no Sheep or Lambs fhall be kept in any of the new Inclosures to be made by virtue of this Ac during the Space of Ten Years from the Execution of the faid Award, unless the Perfon or Perfons keeping fuch Sheep or Lambs fhall and do at his, her or their own Expence, fence or guard his, her or their Neighbours Quick fets adjoining the Inclofures wherein fuch Sheep or Lambs fhall be kept, so as to prevent any Damage being done to fuch Quickfets by fuch Sheep or Lambs; and it fhall not be lawful for any Perfon or Perfons to turn or put or caufe to be turned or put any Sheep, Lambs, Horfes, Affes, or other Beafts or Cattle into any of the Ways, Lanes or Roads on either Side of which any newly planted Fence fhall be growing.

LXV. Provided always, and be it further enacted, That if owing unequal Share of to the Situation or other Circumstances of any Allotment or Allotments it shall happen that the Proprietor or Proprietors thereof shall

Boundary

Fences.

pot

not have a proportionable Share of Boundary Fencing thereto, it
fhall be lawful for the faid Commiffioners, where they fhall judge
reasonable, to ascertain and appoint any Sum or Sums of Money to be
contributed and paid by fuch Proprietor or Proprietors towards the
Expence of the Boundary Fencing of fuch other or others of the
faid Proprietors who may happen to have too great a Proportion
thereof, in order that the Expences of the faid Boundary Fencing
may be brought as near as may be to a juft and equal Proportion
(regard being had to the neceffary Subdivifion Fences within the re-
fpective Allotments); and the Money to be afcertained and applied
fhall be levied and recovered in the fam manner as the Expences of
executing this Act, in cafe of a Deficienc, from the Sale of Land,
hereinbefore directed to be levied and recuered: Provided always, Provifo.
that it shall and may be lawful for the fai Commiffioners, at any
time before executing their final Award, to mke any Alterations in
the Allotments and Fences which they may hav fet out and ordered,
or in any private Roads laid, or to be laid ov, or to fuch Allot-
ments as they fhall think right and expedient; ad in cafe any Per
fon or Perfons be injured by fuch Alterations, account of any
Expences he or they may have been at, the faid Cmmiffioners fhall
afcertain and determine what Recompence fhall made to him,
her or them, and fhall direct by whom, and in wit manner fuch
recompence fhall be made.

LXVI. And be it further enacted, That the Awd to be made Award inspected. by the faid Commiffioners, when inrolled in manner deted by the faid recited A&t of the Forty firft Year of the Reign His prefent Majefty, fhall be deposited and left with the Clerk of t Peace for the faid County of Southampton, where the fame fhall d may be infpected and perufed at all feasonable Times in the ly-time for ever hereafter, by any Perfon or Perfons whomfoever, pay the Sum of One Shilling and no more to the faid Clerk of the Pre or his Fee. Deputy for every fuch Infpection and Perufal.

Magiftrates annually.

LXVII. And be it further enacted, That once at lea in each Account to be and every Year during the Execution of this Act (fuch Y to be examined and computed from the Day of paffing thereof) the faid Commoners balanced by Two fhall and they are hereby required to make a true and juft Sement or Account of any Sums of Money by them or any of them eived and expended, or due to them for their own Trouble and Expees in the Execution of this Act; and fuch Statement or Account wn fo made (together with the Vouchers relating thereto) fhall be by em, if required, laid before two of His Majefty's Juftices of the for the faid County of Southampton (not interefted in the faid inteed Divifion and Inclosure) to be by them examined and balanced (1 Juftices being hereby authorized to take or call fuch Aid and Al ance in fuch Examination as they fhall think fit, and to charge ti incidental Expences) and the Balance fhall be by fuch Juftices ftate in the Books of Account to be kept in the Office of the Clerks to the faid Commiffioners; and no Charge or Item in fuch Accounts fhall be binding on the Parties concerned or valid in the Law unless allowed by Two Juftices of the Peace as aforefaid.

Ace

LXVIII. And whereas fome of the Land Owners and Proprietors interested in the faid Open Commonable Lands and Grounds hereby directed to be divided, allotted and inclofed, may have Occafion to borrow Money to defray their refpective Shares and Proportions of

the