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the Charges and Expences of obtaining and carrying this A&t into
Execution; Be it therefore enacted, That it fhall and may be lawful
to and for the Land Owners and Proprietors, ard of all other Per-
fons whomfoever interested in fuch Lands and Grounds, being a
Tenant or Tenants for Life or Lives, or ir Fee Tail General or
Special, or by the Courtesy of England, or Leffee or Leffees for any
Life or Lives, or for Years determinable on any Life or Lives, and
alfo to and for the Hufbands, Cuardians, Trustees and Committees
of any of the faid Owners or Poprietors being under Coverture, Mi-
nors, Idiots, Lunaticks, or byond the Seas, or labouring under any
other Difability whatsoever and alfo to and for all Perfons acting
as Guardians, Truftees Committees of any Owners or Proprie
tors being under any fability or Incapacity whatfoever, whether
fuch Owners or Prorietors refpectively be Tenants for Life, with
or without Impeachient of Wafte, Tenants in Fee Tail General
or Special, or Tents by the Courtefy of England, or Leffee or
Leffees for any Li or Lives, for Years determinable on any Life or
Lives (other tharand except the Lord Bifhop of Winchester, and
the Warden and Scholars Clerks of Saint Mary College of Win-
chefter near Wipefter, and their refpective Succeffors, and other than
and except thSurveyors of the Highways of the faid respective
Parishes, for in refpect of any Allotment or Allotments made to
them as Survors as aforefaid), by any Deed or Deeds, Writing or
Writings, per their respective Hands and Seals, to be duly exe-
cuted and efted by Two or more credible Witneffes, to charge the
Freehold rt, and by Surrender or Surrenders duly paffed, accord-
ing to the uftom or Cuftoms of the Manor whereof the fame is, are
or fhall bholden, to charge the Copyhold Part of fuch Lands and
Groundas fhall be allotted to fuch Owners and Proprietors refpec
tively, wh any Sum or Sums of Money, not exceeding Five Pounds
for eacand every Acre thereof, for defraying their refpective Pro-
portio of the Charges and Expences of obtaining and executing
this t, and of inclofing and fubdividing their refpective Allot
mentas the faid Commiffioners fhall think proper for fuch Purposes
the fe to be paid for by fuch Perfon or Perfons, and to be applied
for Purposes aforefaid in fuch manner as the faid Commiffioners
fhallirect and appoint; and for fecuring the Repayment of fuch
Suand Sums of Money with Intereft for the fame, to grant, leafe,
defe, mortgage, furrender or otherwife fubject their faid refpec
ti Allotments or any Part thereof, unto any Perfon or Perfons who
nl advance and lend fuch Sum or Sums of Money refpectively, his,
or their Heirs, Executors, Adminiftrators or Affigns, for any
erm or Number of Years as to the Freehold Part thereof, and for
ich Eftate, Term or Intereft as to the Copyhold Part thereof as
hall be conformable to the Custom of the refpective Manors, so that
any fuch Grant, Leafe, Mortgage, Demife, Surrender or Security
be made with a Provifo or Condition to ceafe and be void, or with
an exprefs Truft to be furrendered when fuch Sum or Sums of
Money thereby to be fecured and the Intereft thereof shall be fully
paid and fatisfied; and fo that in every fuch Grant, Leafe, Mort-
gage, Demife, Surrender or Security which fhall be made by any
Perfon or Perfons interested in, or entitled unto the Premises for the
Term of their natural Life only, or by his, her or their Guardian or
Guardians, Trustee or Trustees, Committee or Committees, there be
contained

50° GEO. III.

C. ccxviii.

contained a Provifo or Covenant that the Owner or Proprietor of the faid Premifes fhall duly pay and keep down the Intere't of any Sum or Sums of Money to be thereby fecured during their refpective Lives; and no Perfon afterwards becoming feifed or poffeffed of the faid Premifes fhall be liable to the Payment of any further or larger Arrear of Intereft than for One Year preceding the time at which the Title to fuch Poffeffion fhall have commenced; and every fuch Grant, Leafe, Mortgage, Demife, Surrender or Security of the said Premises shall be good, valid and effectual in the Law for the Purpofes thereby intended.

LXIX. And be it further enacted, That if any Perfon or Perfons Appeal. fhall think himself, herfelf or themfelves aggrieved by any Thing done in purfuance of this Act (other than and except fuch Orders and Determinations as are by the faid recited A&t made in the Forty first Year of the Reign of His prefent Majefty, or by this Act directed to be made final or conciufive, and fave and except in fuch cafes wherein an Iffue at Law fhall be tried as hereinbefore directed), then, and in every fuch Cafe, he, the or they may appeal to the General Quarter-Seffions of the Peace which fhall be held for the faid County of Southampton, within Six Calendar Months next after fuch Caufe of Complaint fhall have arifen, on giving to the faid Commiffioners Twenty one Days previous Notice of fuch Appeal; and the Juftices of the faid Quarter-Seffions are hereby required to hear and determine the Matters of every fuch Complaint, and make fuch Order therein, and to award fuch Cofts as to them fhall feem reafonable, and by their Warrant, to levy the Cofts which shall be so awarded by Diftrefs and Sale of the Goods and Chattels of the Party or Parties liable to pay the fame, rendering the Overplus (if any) to the Owner or Owners after deducting the reafonable Charges; which Determination of the said Juftices fhall be final and conclufive to all Parties concerned, and fhall not be removed by Certiorari, or any Writ or Writs what foever into any of His Majefty's Courts of Re cord at Westminster, or elsewhere.

571

LXX. And be it further enacted, That nothing herein contained Saving of Rights fhall prejudice, leffen or defeat the Right, Title or Intereft of the of Lords of the faid feveral Purlieu Owners, or of any other Perfon or Perfons who Manor. fhall or may be refpe&tively for the time being Lord or Lords of any Honor or Honors, Manor or Manors, Lordship or Lordships, Jurif diction or Jurifdictions, or reputed Honor, Manor, Lordship or Jurif diction, within the Limits whereof the faid Purlieus or Open Commonable Lands and Grounds hereby directed to be inclofed or any Part thereof refpectively are comprized, of, in or to any Seigniories, Royalties, Fifheries, Free Warrens, Manorial Rights, Ecclefiaftical Rights and other Rights, Cuftoms and Services incident or belonging to fuch Honors, Manors, Lordfhips or Jurifdictions or any of them; but that the faid Lords hereinbefore particularly named, and such other Lord or Lords for the time being, fhall and may at all times, hereafter hold and enjoy the fame, and all Rents and Services, Courts and Vifitations, Perquifites and Profits of Courts and Vifitations, Fines, Free Warrens, Franchifes, Waifs, Eftrays, Deodands, Efcheats and all other Royalties, Privileges, Pre-eminences and Appurte nances to fuch Honors, Manors, Lordships or Jurifdictions refpectively incident, belonging, appending or appertaining (except the Right of the Soil of the faid Purlieus or Open Commonable Lands

and

Provifo for
Bishop of Win
chester and War-
den and Scholars

of Winchefter College.

The King to bear Proportion

of Cofts.

Provifo for

James Tooker

erulis.

and Grounds, and other the Foreftial and Common Rights for which Compenfation is hereinbefore directed to be made) in as full, ample and beneficial manner as they refpectively could or might have held and enjoyed the fame in cafe this Act had not been made.

LXXI. Provided always, and be it further enacted, That nothing herein contained fhall extend or any wife be conftrued to extend fo as to charge or make chargeable the Lord Bifhop of Winchefter or his Succeffors or the Warden and Scholars Clerks of Saint Mary College of Winchester near Winchefter or their Succeffors or any of them, with the Payment of any of the Cofts, Charges and Expences which fhall be occafioned or incurred by reafon or means of any Difputes or Differences or of any Trials at Law touching or concerning any Claim or Claims to the Right of the Soil or of any Rights of Common or other Rights and Interefts in, over or upon the Lands or Grounds hereby directed to be divided, allotted and inclofed or any Part or Parts thereof; but that the feveral and respective Shares and Proportions of the faid Lord Bishop of Winchester, and Warden and Scholars Clerks of Saint Mary College of Winchefter near Winchefer, and their refpeétive Succeffors, of all fuch Cofts, Charges and Expences, fhall be paid by the faid Commiffioners out of the Monies directed to be raised by virtue of this Act; and that the faid Lord Bishop of Winchester, and the faid Warden and Scholars Clerks of Saint Mary College of Winchefter, near Winchefler and their refpective Succeffors fhall be and they are hereby feverally and refpectively indemnified from all fuch Cofts, Charges and Expences. accordingly.

LXXII. Provided always, and be it enacted, That nothing herein contained, fhall extend or be conftrued to extend fo as to exempt the King's Majesty, his Heirs and Succeffors, from the Payment of a due and juft Proportion of all the Cofts, Charges and Expences attending any fuch Difputes, Differences or Trials at Law which may be had, brought or inftituted against the faid Lord Bishop of Winchester and Warden and Scholars Clerks of Saint Mary College of Winchefter near Winchefter, and their refpe&ive Succeffors, touching the aforefaid Claims; but the faid Commiffioners fhall and they are hereby authorized and required to adjust and settle all fuch Cofts, Charges and Expences fo and in fuch manner as that each and every Perfon interested in the faid Divifion and Inclofure may pay and bear his, her and their due and juft Proportion thereof, (other than and except the faid Lord Bishop of Winchester, and the faid Warden and Scholars Clerks of Saint Mary College of Wincheler near Winchefter).

LXXIII. Provided always, and be it enacted, That nothing herein contained fhall extend or be conftrued to extend fo as to prejudice, Fiq as to Wood- leffen, defeat or alter the Right, Title or Intereft of James Tooker Efquire, in and to a certain Piece or Parcel of Land called Woodcrofts, in the faid County of Southampton, Part of the Manor of Hinton Daubney in the faid County; but that the fame fhall remain fubject to the fame Rights and Privileges in all refpects as if this A& had not been made: Provided nevertheless, that the faid Piece or Parcel of Land called Woodcrofts, be not within the Regard or Bounds of the said Forest intended to be hereby inclosed.

General Saving.

LXXIV. Saving always to the King's Moft Excellent Majefty, his Heirs and Succeffors, and to all Bodies Politick, Corporate or Collegiate

Collegiate and their Succeffors, and to all and every Perfon and Perfons whomfoever, his and their Heirs, Executors, Administrators and Affigns, all fuch Eftate, Right, Title, Intereft, Claim and Demand whatfoever, (other than and except fuch as is and are hereby expreffed, meant and intended to be barred, deftroyed or extin guished) as they, every or any of them, had or enjoyed in, to or out of the faid Foreft and Open Commonable Lands and Grounds, as they, every or any of them, now have or hath or could have had and enjoyed therein in cafe this A& had not been made.

LXXV. And be it further enacted, That this Act shall be printed Evidense. by the Printer to the King's Moft Excellent Majefty, and a Copy thereof, fo printed, fhall be admitted as Evidence thereof by all Judges, Juftices and others.

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