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No person to

BY 41 Geo. 3. c. 109. § 1. after reciting, that in order to diminish 41 G. 3. c. 109. the expense attending the passing of acts of inclosure, it is expedient that certain clauses usually contained in such acts should be comprised in one law, and certain regulations adopted for facilitating the mode of proving the several facts usually required by parliament on the passing of such acts, it is enacted, that no person shall be capable of acting as a commissioner in the execution of any of the powers to be given by any act hereafter to be passed for dividing, allotting, or inclosing any lands or grounds, except the power of signing and giving notice of the first meeting of the commissioner or commissioners for executing any such act, and of administering the oath or affirmation hereinafter directed, until he shall have taken and subscribed meeting and adthe oath or affirmation following:

I A. B. do swear, [or, being one of the people called Quakers, do solemnly affirm,] That I will faithfully, impartially, and honestly, according to the best of my skill and ability execute and perform the several trusts, powers, and authorities vested and reposed in me as a commissioner, by virtue of an act [here insert the title of the act], according to equity and good conscience, and without favour or affection, prejudice or partiality, to any person or persons whomsoever. So help me GOD,

act as a commis

sioner under

of inclosure,

except signing notice of first

ministering an oath, until he shall have taken the oath herein mentioned.

sioners, to be

Which oath or affirmation any one of the commissioners, where Caths and apmore than one shall be appointed by any such act, or any one pointment of justice for the county within which the said lands or grounds shall new commisbe situated where only one commissioner shall be so appointed, inrolled with shall administer; the said oath or affirmation, so to be taken and the award, and subscribed by each commissioner, and also the appointment of a copy admitted every new commissioner, shall be annexed to and inrolled with as evidence. the award of any commissioner or commissioners, and a copy of the inrolment thereof shall be admitted as legal evidence.

to the other commissioners;

§ 2. And every person appointed a commissioner in or by virtue Commissioners of any such act, who shall refuse or decline to act, shall forthwith declining to act, give notice in writing to the other commissioner or commissioners to give notice of of his intention to refuse or decline acting as a commissioner: such intention Provided always, that no such commissioner shall be capable of being a purchaser of any part or parts of the lands, tenements, or hereditaments within any parish in which the lands or grounds intended to be inclosed are situate, either in his own name, or in that of any person or persons, until five years after the date and

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and none to purchase lands within any parich in which

the inclosures

2

41 G. 3. c. 109. execution of the award to be made by any such commissioner or are to be made, commissioners.

for a limited time.

Commissioners to inquire into

the boundaries

of parishes, and

their intention

so to do.

3. And whereas disputes or doubts may arise concerning the boundaries of parishes, manors, hamlets, or districts to be divided and inclosed, and of parishes, manors, hamlets, or districts adjoining thereto; the commissioner or commissioners appointed by virtue of any such act shall and is and are hereby authorised if not suffiand required, by examination of witnesses upon oath or affirmation ciently ascer- (which any one of such commissioners is empowered to admitained, fix them, nister,) and by such other legal means as he or they shall think giving notice of proper, to enquire into the boundaries of such several parishes, &c.; and if it appear that the boundaries of the same respectively are not then sufficiently ascertained and distinguished, such commissioner or commissioners shall ascertain, set out, determine, and fix the same respectively; and after the said boundaries shall be so ascertained, set out, determined, and fixed, the same are hereby declared to be the boundaries of such parishes, manors, hamlets, or districts: Provided, that such commissioner or commissioners (before he or they proceed to ascertain and set out the boundaries of such parishes, &c.) shall give public notice, by writing under his or their hands to be affixed on the most public doors of the churches of such parishes, and also by advertisement to be inserted in some newspaper to be named in such act, and also by writing to be delivered to or left at the last or usual places of the abode of the respective lords or stewards of the lords of the manors in which the grounds to be inclosed shall be situate, and of such adjoining manor or manors, ten days at least before the time of setting out such boundaries, of his or their intention to ascertain, set out, and determine and fix the same respectively; and such commissioner or commissioners shall, within one month after ascertaining and setting out the same, cause a description thereof in writing to be delivered to or left at the places of abode of one of the churchwardens or overseers of the poor of the respective parishes, and also of such respective lords or stewards: Provided, that if any person interested in the determination respecting the said boundaries be dissatisfied with such determination, such person or persons may appeal to the justices acting in and for the county in which such grounds shall be situate at any general quarter sessions to be holden within four calendar months next after the aforesaid publication of the said boundaries, by delivering or leaving such description as aforesaid; the party or parties making such appeal, giving eight days' notice of such Decision at the appeal and of the matter thereof in writing to the commissioners ; and the decision of the said justices therein shall be final, and not removeable by certiorari or any other process.

Commissioners to cause a description of boun

daries to be de-
livered to one

of the church-
wardens, &c.
of the parishes,
and the lords of

manors, or their
stewards.

Persons dissatisfied may appeal.

sessions to be

final.

A survey, admeasurement,

plan, and valu

4. A true, exact, and particular survey, admeasurement, plan, and valuation of all the lands and grounds to be divided, allotted, and inclosed by any such act, and also of all the messuages, cotation, of the lands, &c. to be tages, orchards, gardens, homesteads, ancient inclosed lands and inclosed, shall be grounds, within any such parish or manor, shall be made and made, and kept reduced into writing, by such commissioner or commissioners, or by the commis- by such other person or persons as he or they shall nominate sioners, which and appoint, as soon as conveniently may be, for the purposes be verified of such act, and the number of acres and decimal parts of an ersons acre, in statute measure, contained in all the grounds directed to

be divided, allotted, and inclosed, and also in all the ancient 41 G. 3. c. 109. inclosed lands, grounds, and homesteads aforesaid, and of every proprietor's distinct property in the same respectively at the time of making such survey and admeasurement, shall be therein. set forth and specified; and the said survey, &c. shall be kept by such commissioner or commissioners; and the person or persons who shall make such survey, &c. shall verify the same upon oath or affirmation at any meeting held after the making thereof (which oath or affirmation the commissioners, or any one of them, are and is required to administer); and the proprietors and their agents and all persons interested shall at all seasonable times have liberty to peruse and inspect such admeasurement and plan only, and to take copies thereof and extracts therefrom respectively.

inspect admeaProprietors may surements and plans, and take copies. Until the division be completed the lands may be entered by the commissioners, or any persons they may appoint, to

make surveys,

&c.

5. And for surveying, admeasuring, and valuing all the said lands and grounds, and for other the purposes of such act, such commissioner or commissioners, every or any of them, or the person or persons appointed by him or them to make such survey, admeasurement, plan, and valuation, together with their assistants and servants, at any time or times, until such division be completed, may enter, view, and examine, survey and admeasure every part of the grounds intended to be divided and allotted, and also all the ancient inclosed lands, grounds, and homesteads directed to be surveyed, and may do or cause to be done any thing necessary for putting such act into execution: Pro- Maps made at vided always, that any map or survey made at the time of pass- the time of passing any such act, which shall be tendered to such commissioner ing acts, may or commissioners, and which shall be, in his or their judgment, making new and to his or their satisfaction, a just and true map or survey, ones, if the proper for the purpose of carrying such act into execution, may commissioners be used for that purpose, if the said commissioner or commis- think fit. sioners shall think fit, without any new map or survey being made of such part of the lands and grounds, as shall be comprised in any such approved map or survey as aforesaid.

be used, without

to deliver to the

6. And all persons, and bodies corporate or politic, who Clainants of shall have or claim any common or other right to or in any such rights in lands lands so to be inclosed, shall deliver or cause to be delivered to to be inclosed such commissioner or commissioners, or one of them, at some one commissioners of such meetings as the said commissioner or commissioners shall schedules of appoint for the purpose, (or within such further time, if any, as the particulars, or said commissioner or commissioners shall for some special reason be excluded; think proper to allow for that purpose,) an account or schedule which claims in writing, signed by them, or their respective husbands, guar- ed, and copies may be inspectdians, trustees, committees, or agents, of such their respective taken. rights or claims, and therein describe the lands and grounds, and the respective messuages, lands, tenements, and hereditaments, in respect whereof they shall respectively claim to be entitled to any and which of such rights in and upon the same, or any part thereof, with the name or names of the person or persons then in actual possession, and the particular computed quantities of the same respectively, and of what nature and extent such right is, and also in what rights, and for what estates and interests they claim the same respectively, distinguishing the freehold from the copyhold or leasehold; or on non-compliance, every of them making default therein shall, as far as respects any claim so neglected to be delivered, be totally barred of all right and title in or upon such lands so to be divided, and of all benefit in any

Objections to claims to be de

livered to the commissioners

41 G. 3. c. 109. share or allotment thereof; all which said claims or accounts shall, at all seasonable times until after the execution of the said award, be open to the perusal of all parties interested or claiming to be interested in the premises, and their respective agents, who may take copies thereof or extracts therefrom; and if any person or persons, or body politic or corporate interested, or claiming to be interested, shall have any objection to offer to any such account or claim, the particulars of such objection shall be reduced into writing, and signed by them or their respective husbands, guardians, trustees, committees, or agents, and shall be delivered to the said commissioner or commissioners, at or before some other meeting of such commissioner or commissioners, to be by him or them appointed for that purpose; and no such objection shall afterwards be received, unless from some legal disability or special cause to be allowed by the said commissioner or commissioners.

at or before the meeting appointed for that

purpose, or

shall not be received except for special

cause.

Commissioners not hereby au

§ 7. Provided, that nothing herein shall authorise such commissioner or commissioners to hear and determine any difference thorised to de- which may arise touching the right or title to any lands, tenetermine disputes ments, or hereditaments, but such commissioner or commissioners touching rights; shall assign and set out the several allotments directed to be assign the allot- made unto the person or persons, who, at the time of the division

but they shall

ments to the

persons in

actual posses

sion of the

lands, in lieu

and inclosure, shall have the actual seisin or possession of the lands, tenements, or hereditaments, in lieu or in right whereof such allotment shall be made: Provided also, that no difference or suit touching the title shall delay the commissioner or comwhereof made. missioners in the execution of the powers vested in him or them, by virtue of any such act; but the division or inclosure directed to be made shall be proceeded in notwithstanding such difference or suit.

Commissioners § 8. And such commissioner or commissioners shall, in the first before making place, before he or they proceed to make any of the divisions and any allotments allotments directed by any such act, set out and appoint the pubto appoint public carriage roads and highways through and over the grounds in

lic carriage

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tended to be divided, allotted, and inclosed, and divert, turn, and stop up any of the roads and tracts upon all or any part of the said lands and grounds, as he or they shall judge necessary, so as such roads and highways shall be and remain 30 feet wide at least, and shall be set out in such directions as shall upon the whole appear to him or them most commodious to the public; and he or they shall ascertain the same by marks and bounds, and prepare a map, in which such intended roads shall be accurately laid down and described, and cause the same, being signed by such commissioner, if only one, or the major part of such commissioners, to be deposited with the clerk of the said commissioner or commissioners, for the inspection of all persons concerned; and as soon as may be after such carriage roads shall have been so set out, and such a map so deposited, shall give notice in some newspaper to be named in such bill, and also by affixing the same upon the church door of the parish, in which any of the lands so to be inclosed shall lie, of his or their having set out such roads and deposited such map, and also of the general lines of such intended carriage roads, and shall appoint in the same notice a meeting to be held by the said commissioner or commissioners, at some convenient place, in or near to the parish or township within which the said Inclosure is to be made, and not sooner than three weeks from the

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