date and publication of such notice; at which meeting any person 41 G. 3. c. 109. injured or aggrieved by the setting out of such roads may attend; and if any such person shall object to the setting out of the same, then such commissioner or cominissioners, together with any justice or justices 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, according to the best of their judgment upon the whole, order and If the commis finally direct how such carriage roads shall be set out, and either sioners, by any confirm the said map or make such alterations therein as the case bill, shall be may require: Provided, that if such commissioner or commis- empowered to stop up any old sioners shall by such bill be empowered to stop up any old. or ac- road, it shall customed road passing or leading through any part of the old in- not be done closures in such parish, township, or place, the same shall in no without the case be done without the concurrence and order of two justices order of two acting in and for such division, and not interested in the repair of justices, and which shall be 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to an appeal to the quarter sessions, in like manner and under the same forms and restrictions as if the same had been originally made by such justice as aforesaid. subject to appeal, to the quarter sessions. The carriage roads shall be fenced on both sides by such of the land owners as the commissioners shall direct, and no person shall erect any gate across any road, or plant any distance. The commis 9. And such carriage roads shall be 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 appoint; and it shall not be lawful for any person or persons to set up 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 50 yards; and such commissioner or commissioners shall, by writing under his or their hand, appoint one or more surveyor or surveyors with or without a salary for the trees on the first forming and completing such parts of the said carriage roads sides, at less as shall be newly made, and for putting into complete repair such than 50 yards part of the same as shall have been previously made, which salary (if any) and also the expense of forming, completing, and repairing sioners shall apsuch roads respectively, over and above a proportion of the statute point surveyors, duty on the roads so to be repaired, shall be raised as the charges and if with a of obtaining such act and carrying the same into execution shall salary, such be thereby directed to be raised, and shall be paid to such surveyor expense of or surveyors on or before the execution of the award of such commissioner or commissioners; and if the same be thereby provided road, over and making the to be raised by sale of any part of the lands so to be divided and above the stainclosed, then such commissioner or commissioners shall make a tute duty, shall conditional rate upon the owners and proprietors of the same, in be raised as case the produce of such sale should prove insufficient for the pur- and paid on or poses aforesaid; and such surveyor or surveyors shall and he or before executhey is and are hereby directed to be in all respects subject to the tion of the jurisdiction and controul of the justices acting in and for the county award. in which such roads shall respectively lie, and shall account to such Surveyors to be justices in like manner for all monies so to be by him or them re- subject to the ceived and expended, and for the repayment of any surplus which controul of the justices, and may remain in his or their hands to such persons as shall have been shall account made liable to contribute thereto, according to the proportion so B 3 salary and the other expenses, to them for monies received. 41 G. 3. c. 109. to them for monies received. Justices may levy rates. lecting to complete roads within a limited time to forfeit 201. and the in 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 by virtue of the general highway act passed in the Surveyors neg- 13 Geo. 3.; and in case such surveyor or surveyors shall neglect to complete and repair such roads respectively within two years after such award, unless a further time, not exceeding one year, be allowed by such justices, and then, within such further time, he or they shall forfeit the sum of 201.; and the inhabitants at large of the parish, township, or place wherein such roads shall be respectively situate, shall be in no wise charged or chargeable towards forming or repairing the said roads, except such proportion of such statute duty as aforesaid, till such time as the same shall by be completed at 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 public roads within such parish, township, or place, are by law to be amended and kept in repair. habitants not to statute duty), a special sessions. Commissioners shall appoint private roads, &c. and The grass herbage on roads shall belong to the proprietors of the lands adjoining on either side; and all roads 10. Such commissioner or commissioners shall set out and appoint such private roads, bridleways, footways, ditches, drains, water courses, 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, 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 public roads; and the same shall be made, and at all times for ever thereafter be kept in repair at the expense 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 by his or their award direct. 11. After such public and private roads and ways have been set out and made, the grass and herbage arising thereon shall for ever be the sole right of the proprietors of the 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 grounds which shall not be set out as aforesaid shall be for ever stopped up and extinguished, and not set out shall shall be deemed part of the grounds to be divided, allotted, and inclosed, and shall be divided, allotted, and inclosed accordingly (a): Provided, that nothing herein shall extend to give such commissioner or commissioners any authority to divert, change, or alter any turnpike road that may lead over any such grounds, unless the consent of the majority of the trustees of such turnpike road, assembled at some public meeting called for that purpose on ten days' notice, be first obtained. be allotted and inclosed. No turnpike road shall be altered without the consent of the trustees. Commissioners 12. Such commissioner or commissioners in making the several to have regard allotments shall have due regard as well to the situation of the respective houses or homesteads of the proprietors, as to the quantity and quality of the lands and grounds to be allotted to to the situation of houses as well as the quantity and (a) Sse White v. Reeves and another, 2 Moore, C. P. 23.. them respectively, so far as may be consistent with the general 41 G.3. c. 109. convenience of the said proprietors; and such commissioners in quality of land, making the said allotments shall have particular regard to the as far as conconvenience of the proprietors of the smallest estates in the sistent with grounds directed to be allotted and exchanged. § 13. 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; it is enacted that such commissioner or commissioners shall be impowered 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 ring-fenced, and to be stocked and depastured in common, and to make such 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 proper for the said several parties interested therein. general convenience. Commissioners may direct small allotments to be laid together and ring-fenced and stocked and depastured in common by the proprietors. § 14. The several shares of and in any grounds upon any such Allotments to division assigned, set out, allotted, and applied unto and for the be in full comseveral persons entitled to the same shall, when so allotted, be in pensation for all rights in the full bar of and compensation for their respective lands, grounds, lands, which rights of common, and all other rights and properties whatsoever, shall cease on which they respectively had or were entitled to, in, and over the notice from the said grounds immediately before the passing of any such act; and commissioners immediately from the making of the said division and allotments, the door of the being affixed on and the execution of the award, or at any other time as such parish church. 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 politic or corporate, in, over, or upon such lands or grounds, shall cease and be for ever extinguished. messuages, with the con 15. And such commissioner or commissioners shall set out, Commissioners allot, and award any messuages, buildings, lands, tenements, may exchange hereditaments, new allotments, or old inclosures, within such by allotments, parish or manors, in lieu of or in exchange for any other mes- lands, &c. with suages, &c. within the said parish or manors, or within any ad- the consent of joining parish or place; so as that all such exchanges be made the proprietors, with the consent of the respective persons, seised of the lands, or if belonging hereditaments, and premises which shall respectively be so ex- to churches, &c. changed, or of the husbands, guardians, trustees, committees, or attornies acting for such owners, proprietors, or other persons bishop and of respectively, who are under coverture, minors, lunatics, or beyond the patron. 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 sent of the 41 G. 3. c. 109. 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. Commissioners may make allotments in severalty to joint tenants, or tenants in common. Persons to ac ments in a limited time, or forfeit their 16. Any such commissioner or commissioners (upon the request in writing of any persons entitled to allotments, and being joint tenants or coparceners, or tenants in common, or any or either of them, or of the husbands, guardians, trustees, committees, or attornies of such as are under coverture, minors, lunatics, or under any other incapacity as aforesaid, or absent beyond seas) may 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 may allot the same to them accordingly, in severalty; and immediately after the said allotments shall be so made and declared, the same shall be by such person or persons holden in severalty, in such manner and subject to the same uses as the undivided parts of such estates would have been held in case such partition had not been made. 17. And every person to whom any allotment or allotments cept their allot shall be made by virtue of any such act shall accept his, her, and their respective allotments within two calendar months next after the execution of the award, directed by any such act; and in case any person shall neglect or refuse to accept of their allotment within such time, such person shall be totally excluded from having or receiving any estate or interest, or right of common whatsoever, in any part of the land to be divided and inclosed by virtue of any such act. right. Guardians, &c. may accept for incapacitated persons, and tenants for life shall accept of allotments. of guardians, &c. shall not prejudice the § 18. Provided, that it shall be lawful for the respective guardians, husbands, trustees, committees, or attornies of any minors, femes covert, lunatics, persons beyond the seas, or otherwise incapable by law, to accept any such allotments for the use of such persons so incapacitated; and also that any person entitled to any allotment as tenant for life or lives shall accept of and take Non-acceptance such allotment or allotments respectively: Provided further, that the non-claim or non-acceptance of any such guardian, husband, trustee, committee, or attorney, shall not in any way prejudice the right of any infant, or other person being under any disability as aforesaid, or absent beyond the seas, who shall claim or accept such allotment within 12 calendar months next after such disability or incapacity shall be removed, or of any entitled as heir in remainder after the death of any person dying during such incapacity or disability, who shall claim or accept the same within one year next after their right, title, or interest shall have accrued, descended, or vested, or be known so to be. rights of incapacitated persons who shall accept in a limited time after enabled so to do. Before execution of the award allotments may be ditched and inclosed, with consent of the commissioners. 19. And after the allotments shall be set out by such commissioner or commissioners, and at any time before the execution of the award, any person to whom any allotment shall be so made and staked or marked out may, with the consent of such commissioner or commissioners, in writing under his or their hands, ditch, fence off, and inclose their respective allotments in such manner as such commissioner or commissioners shall so appoint. to the owners 20. The timber-trees and other trees, thorns, and bushes, 41 G. 3. c. 109. standing and growing upon any waste or other lands to be allotted Trees, &c. to be by such act, shall be allotted and go along with the lands whereon allotted with the they respectively stand, and be deemed the property of those to lands whereon whom the same lands shall be respectively allotted, such persons they stand, the paying to the respective owners of the said trees such sums of parties paying money for the same and at such time or times, and place or places, such sums as the as the said commissioner or commissioners shall, by writing under commissioners his or their hands, direct: but if the said parties who are to make shall direct; but such respective payments shall neglect or refuse to make the in case of negsame accordingly, then it shall be lawful for the respective parties entitled to receive such payments to enter on the said lands, and cut down, take, and carry away to their own use, the said trees, thorns, or bushes, in respect of which the said payments were to be made at any seasonable time or times within one year next after such default, they doing as little damage on the said lands as may be. lect the owners may cut them down and take them away. is to be paid for lands, &c. and which ought to be laid out in the commissiori ers may there . out defray a proportion of the expenses of passing the act, &c.; and if the to 2001. it shall, surplus amount as soon as may be, be laid out the mean time 21. Whenever any sum of money is under the provision of Where money this act, or any such bill, to be paid for the purchase or exchange of any lands, tenements, or hereditaments, or of timber or any wood growing thereon, and money ought to be laid out in the purchase of other lands, tenements, or hereditaments, to be settled other purchases to the same uses, it shall be lawful for such commissioner or to be settled to commissioners out of such sum to defray such proportion of the the same uses, expense of passing such act, and of carrying the same into execution, as shall, if any, be charged upon any of the lands, tenements, or hereditaments of the person or persons, body politic or corporate, trustees or feoffees, in possession of the lands, tenements, or hereditaments so sold or exchanged, or on which such timber or wood actually grew, and also the expense of any permanent improvement, such as building, sub-dividing, draining, or planting, and the like, which shall in the judgment of such commissioner or commissioners be proper to be made, and shall be made under his or their direction, upon any lands to be by in other purvirtue of such act allotted to such person or persons, body poli- chases, and in tic or corporate, trustees or feoffees respectively; and if the sur- be paid into the plus of such money amount to the sum of 2007. then the same bank, and ap. shall, with all convenient speed, be invested in the purchase of plied under the any lands or hereditaments which shall be conveyed and settled direction of the upon, and subject to the like uses, trusts, and limitations as those court of chan of such lands so sold or exchanged, or the lands on which such cery. timber grew; and until such purchase can be made, such money shall be paid into the bank of England in the name of the accountant general of the high court of chancery, to be placed to his account there ex parte the said commissioner or commissioners, without fee, to the intent that such money shall be applied, under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way, by the person or persons who would have been entitled to such lands, tenements, and hereditaments, or timber respectively, either towards the redemption or purchase of land-tax, or towards the discharge of any incumbrances affecting the lands or hereditaments so purchased or exchanged, or on which such timber grew, or until the same shall, upon the |