ment or allotments, to enter upon the allotment or allotments where such sheep shall be kept, and take, drive away, and impound the same. And be it further enacted, That the costs, charges, and expenses of inclosing the lands or grounds which shall by virtue of this act be allotted to the rectors of the said rectories of and in , PARLIAMENTA RY FORMS. the costs, penses of obtain. ting act. respect of the said rectories, and to the surveyors of the highways with- ing and execuin the said parishes of and and all the costs, charges, and expenses incident to and attending the obtaining and passing of this act, and of surveying, admeasuring, planning, valuing, dividing, and allotting the lands, grounds, and premises hereby directed to be divided, allotted, and inclosed, and of preparing and depositing the said award and the copy thereof, and all the charges and expenses of the said commissioners, their umpire, assistants, and servants, and all other necessary charges and expenses of the several persons to be employed by the said commissioners in and about the premises, either before or after the execution of the said award, and all the expenses of forming, completing, and repairing the public carriageroads and highways to be set out and appointed by the said commissioners, and all other expenses of carrying this act and the said recited act into execution, shall be borne and defrayed by the several persons, and body or bodies politic, corporate, or collegiate, to whom any allotment or allotments shall be made by virtue of this act, (save and except the rectors of the said rectories for the time being, for and in respect of any allotment or allotments which shall be made to them in right of the said rectories, and also save and except the surveyors of the highways within the said parishes, and also save and except such persons whose property in lands or tenements shall not exceed the yearly value of pounds, and who shall not be possessed of personal property to the amount of pounds at the time of making the said allotments, in the judgment of the said commissioners); which said costs, charges, and expenses, together with the shares and proportions thereof to be paid by the several persons, and body or bodies politic, corporate, and collegiate hereby made liable to the payment thereof, shall be settled and adjusted by the said commissioners, and shall be paid at such time and place, to such person or persons, and in such manner as the said commissioners shall direct and appoint, and shall and may be recovered in manner directed by the said first-recited act. And be it further enacted, That when and so often as it may be necessary to charge any messuages, cottages, lands, or tenements which shall be allotted by virtue of the said recited acts or of this Directions for charging copy. holds with ex penses. PARLIAMENTA RY FORMS. Private Act Inclosing, &c. Proprietors and agents to pay their own expenses. Money advanced to be repaid with interest. Commissioners to be paid for expenses per diem. act, and which are or shall become copyhold, with any sum or sums of money by way of mortgage for paying and defraying any share or shares of the costs, charges, and expenses of obtaining and executing this act and the said recited acts, then and in such case such copy hold premises shall be surrendered (and in case such charge shall be made by the said commissioners, it shall be by deed, which shall operate as a surrender of the same,) to the use of the person or persons who shall advance and lend such sum or sums of money, and his, her, or their heirs and assigns, (according to the custom or customs of the manor or manors whereof the same shall be holden,) by way of mortgage, for securing such sum or sums of money and interest, instead of being mortgaged and surrendered to such person or persons, his, her, or their executors, administrators, or assigns, for a term of years, as mentioned in the said recited act. Provided also, and be it further enacted, That the several proprietors, their attorneys or agents, shall pay their own expenses when they or any of them shall attend the said commissioners at any of the meetings to be holden in pursuance of this act or the said recited act. Provided also, and be it further enacted, That if any person or persons shall advance and pay any money in discharge of the fees or other expenses of obtaining and executing this act, or of executing the said recited act, the money so paid and advanced shall be repaid and satisfied by the direction of the said commissioners, together with lawful interest for the same. And be it further enacted, That each of the commissioners acting their trouble and from time to time in the execution of this act, shall be paid the sum of and no more, for each and every day he shall be employed in travelling to, returning from, and attending at the meetings to be holden for the execution of this act or the said recited acts, in satisfaction of the expense and trouble to be incurred by him in the execution of the powers hereby or by the said recited acts given. Power for the rectors to grant leases. and And be it further enacted, That it shall be lawful for the rectors of the rectories of aforesaid, for the time being, by indenture or indentures under their respective hands and seals, with the consent and approbation of the bishop of the diocese, and of the patrons of the said rectories respectively, to lease or demise all or any part or parts of the allotment or allotments to be set out and allotted to such respective rectors by virtue of this act, to any person or persons whomsoever, for any term or terms not exceeding years, to commence within calendar months PARLIAMENTA RY FORMS. Private Act next after the passing of this act, so that the rent or respective rents for the same shall be thereby reserved and made payable to the said respective rectors for the time being by four equal quarterly pay- Inclosing, &c. ments in every year, and so that there be also reserved and made payable to such respective rectors the best and most improved rent or rents that can be reasonably had or gotten for the same, without taking any fine, foregift, premium, sum of money or other consideration for the making or granting any such lease or demise, and so that no such lessee by any such lease or demise be made dispunishable for waste by any express words to be therein contained, and so that there be inserted in every such lease a power of re-entry on nonpayment of the rent or rents to be thereby reserved within a reasonable time to be therein limited after the same shall have become due, and so that a counterpart of each and every such lease be duly executed by the lessee or lessees to whom such lease or leases shall be so made as aforesaid; and every such lease shall be valid and effectual, any thing in the said recited acts, or any law or usage, to the contrary notwithstanding: provided always, that whenever any lease or leases so to be granted by any such rector shall by any means become forfeited or void, or be surrendered before the expiration by effluxion of time of the term or terms thereby granted, then and in such case, and as often as the same shall so happen, it shall and may be lawful for the rectors for the time being of the said rectories, by and with the consent of the bishop of the diocese and of the patrons of the said rectories, to grant a new lease of the lands so demised for such term or terms of years as shall at the time or times of such avoidance be then to come and unexpired of the original term or terms granted by such original lease or leases, subject nevertheless to the provisions and conditions contained in such original lease or leases, and then remaining unperformed and capable of taking ef fect. And be it further enacted, That the commissioners acting from time to time in the execution of this act and the said recited acts shall make out an account, containing a true statement of all sum and sums of money by them received or expended, or due to them for their own trouble and expenses, and that such account shall at least once in every year from the date of the passing of this act, until such accounts shall be finally allowed, together with the vouchers relating to the same, be examined by any peace acting for the said county of said division and inclosure, and the amount or balance thereof shall be by such justice stated in the book of accounts by the said first re SUP.-VOL. III. justice of the not interested in the EE Commissioners' examined yearly. accounts to be PARLIAMENTA RY FORMS. Private Act cited act required to be kept in the office of the clerk of such commissioners, as therein mentioned; and that no charge or items in Inclosing, &c. such accounts shall be binding on the parties concerned, or be valid in law, unless the same shall be duly allowed by such justice. For depositing the award, and making copies thereof. And be it further enacted, That the award which by the said recited act is directed to be made by the said commissioners shall be read and executed by the said commissioners in the presence of the proprietors who may attend at a special meeting to be held for that purpose, and of which meeting days' notice shall be given in the or , or some other newspaper published in the said ; and the execution of the said award shall be proclaim ed upon the then next or some subsequent or and in respec the churches of the said parishes of sum of , , to receive and deposit the same with the records of the said county, to the end that recourse may be had thereto by any person or persons interested therein, for the inspection or perusal whereof the sum of and no more, shall be paid; and the said award shall, from and after the delivery of the same to the said clerk of the peace, be deemed and taken to be enrolled according to the directions and within the meaning of the said first recited act; and the said award, and such map or plan, maps or plans, thereto annexed, or any copy thereof or of any part thereof, signed by the said commissioners, or by the said clerk of the peace or his deputy, certifying the same to be a true copy, shall at all times be admitted and allowed in all courts whatsoever as legal evidence of the matters and things therein contained; and the said clerk of the peace and his deputy for the time being is and are hereby required, upon the request of any person or persons interested or claiming to be interested therein, to make and deliver to such person or persons requiring the same, a true copy of the said award, or of any part or parts thereof, and to sign and certify the same to be a true copy, for which copy no more shall be paid than per sheet, each sheet containing hundred words; and the said award, and the several allotments, partitions, orders, directions, matters and things therein contained, shall be and are hereby declared to be binding, final, and PARLIAMENTA RY FORMS. Private Act conclusive upon all and every person and persons, body and bodies politic, corporate or collegiate, interested in the premises; and all rights of common and sheepwalk, and all other commonable rights Inclosing, &c. and interests whatever, in, over or upon all the lands and grounds hereby directed to be divided and allotted, shall, from and immediately after the execution of the said award (unless sooner extinguished by a previous order of the said commissioners made in pursuance of this act,) cease, determine, and be for ever extinguished, and the same lands and grounds shall for ever thereafter be held and enjoyed in severalty by the respective owners and proprietors thereof. And be it further enacted, That a copy of the said award signed by the said commissioners shall, together with a map or plan or maps or plans thereunto annexed, be deposited in the parish church of aforesaid. And be it further enacted, That, &c. [persons aggrieved may appeal to the quarter sessions.] (1) Copy of award to be deposited in the parish church. Saving always to the King's most Excellent Majesty, his heirs General saving. and successors, and to all and every other person and persons, and body or bodies politic, corporate or collegiate, and his, her and their heirs, successors, executors and administrators, (except the several persons, and body or bodies politic, corporate or collegiate, to whom any allotment or allotments shall be made by virtue and in pursuance of the said recited acts or this act, for or in respect of such rights or interests as are hereby meant and intended to be barred, destroyed, and extinguished, and all persons respectively claiming under them or in remainder after them,) all such right, &c. (2) And be it further enacted, That this act, &c. [public act.] (3) Public act. (1) See ante, pp. 56. 160. (2) See ante, p. 289. |