Yardley (Worcestershire) inclosure Act 1833

JurisdictionUK Non-devolved
Citation1833 c. 17
ANNO TERTIO
GULIELMI IV. REGIS.
****************************************************
CapA7>
An Act for mclosing Lands in the Parish of Yardley
in the County of Worcester, and for commuting
the Tithes of the said Parish. [ lOth June 1833.]
W
HEREAS there are within the Parish of Tardley in the County
of
Worcester
several Open and Common Fields and Meadows,
containing together Two hundred Acres or thereabouts: And
whereas John Taylor Esquire, Henry Greswolde Esquire, William Taylor
Esquire, John Smallwood, and others, are respectively the Owners or Pro-
prietors of or otherwise interested in the said Open and Common Fields
and Meadows: And whereas there are within the said Parish of Tardley
certain Commons and Waste Grounds containing together Six hundred
and fifty Acres or thereabouts: And whereas the said John Taylor is or
claims to be Lord of the Manor of Tardley aforesaid, and as such is or
claims to be entitled to the Soil of all the Waste Lands within the same
Manor: And whereas the Right Honourable Edward Earl Digby, the
Right Honourable George Augustus Frederick Henry Earl of Bradford,
the said John Taylor, the said Henry Greswolde, John Michael Severne
Esquire and Anna Maria his Wife, in right of the said Anna Maria,
Caroline Meysey Wigley and Mary Charlotte Meysey Wigley, and also James
Taylor Esquire, Edward Johnstone Esquire, Doctor ot Medicine, John
Blount Esquire, and several other Persons, are respectively Owners and
Proprietors of divers Lands, Tenements, and Hereditaments situate and
lying within the said Parish of Tardley, in respect whereof they have or
claim to have severally, for themselves and their respective Tenants, Rights
of Common in, over, and upon the said Commons and Waste Grounds:
[Private.'] , y And
3°GULIELMI IV.
Cap.U.
And whereas the said Henry
Greswolde
is or claims to be Owner and
Proprietor of the Rectory Impropriate of the said Parish of
Tardley,
and
in right thereof is entitled to all the Tithes and Tenths of Com, Gram,
and Hay arising and renewing within the said Parish of
Tardley,
or to
certain Moduses or Composicions in lieu
thereof:
And whereas the said
John Michael Severne and Anna Maria his Wife, Caroline Meysey
Wigley,
and Mary
Charlotte Meysey Wigley
are or claim to be Patrons of
the Vicarage of
Tardley
aforesaid ; and
Henry Gwyther
Clerk is the present
"Vicar of the said Parish of
Tardley,
and as such is or claims to be entitled
tothe Small orVicarial Tithes arising within the said Parish of
Tardley
:
And whereas an Act was passed in the Forty-first Year of the Reign
41G.3.C.109. of His late Majesty King
George
the Third, intituled AnActfor
consoli-
dating
in One Act certain
Provisions usually inserted
in Acts of
lnclosure,
and forfacilitating
the Mode
ofproving the
several Facts usually required on
the passing
of
such
Acts : And whereas another Act was passed in the First
and Second Year of the Reign of His late Majesty King
George
the Fourth,
l
& 2
G.
4.
intituled An Act to amend the Laws
respecting
the
inclosing
ofOpen Fields,
c.
23.
Pastures,
Moors,
Commons,
and Waste Lands in England: And whereas
it would be advantageous to the Persons entitled to and interested in the
said Opsn and Common Fields and Meadows if the same were divided
and aliotted unto and amongst them according to their respective Rights
and Interests therein, and such Allotments inclosed ; and it would also be
advantageous to the Persons entitled to and interested in the said Com-
mons and Waste Grounds if the same were (after deducting the several
Allotments herein-after directed to be set out thereon) sold, and the
Monies arising therefrom disposed of for the Purposes and in manner
herein-after mentioned ; and it would also be advantageous to all Parties
interested if, in consideration of an adequate Equivalent, all the ancient
inclosed Lands, and also the said Open and Common Fields, Meadows,
Commons,a nd Waste Grounds, in the said Parish of
Tardley,
were dis-
charged from the Payment of Tithes; but the several Purposes aforesaid
cannot be effected without the Authority of Parliament: May it therefore
please Your Majesty that it may be enacted ; and be it enacted by the
King's most EKcellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this present Parlia-
Appointment ment assembled, and by the Authority of the same, That John Harris
ofCommis- 0f
Suffblk
Street,
Birmingham,
in the County of
Warwick,
Gentleman, and
sioners.
William Fowler
of
Birmingham
aforesaid, Gentleman, and their Successors,
to be elected in manner herein-after mentioned, shall be and they are
hereby appointed Commissioners for dividing, allotting, and inclosing all
the said Open and Common Fields, Meadows, Commons, and Waste
Grounds within the said Parish of
Tardley,
and for carrying this Act into
execution, subject to the Rules, Orders, and Directions herein-after
mentioned, and with such Powers, Directions, and Regulations as are
contained in the several Acts herein-before referred to, which shall be
applied, deemed, and taken as Part of this Act, except in such Cases only
where the same are varied or altered.
Appointment II. And be it further enacted, That the said Commissioners shall (after
of
Umpire.
having taken and subscribed the Oath or Affirmation prescribed by the
said first-recited Act, and before they proceed to any other Business
touching the Execution of this Act or the said recited Acts,) and they
are hereby authorized and required to appoint some fit and proper Person
I5 (not
362
3°GULIELMI IV.
CapAT.
(not interested in the said Division, Allotment, and Inclosure,) to
fe»e
iäft
Umpire between them; and in case such Person, or any other PefSöltyrö
be appointed as Umpire for the Purposes of this Act or the said recited
Acts,
shall die, or refuse or neglect for the Space of One Calendar Month tö
act, or shall become incapable of acting
as
such Umpire, the said Commis-
sioners shall and they are hereby required forthwith to nominale and
appoint another Person (not interested in the said Division, Allotmentj
and Inclosure,) to be an Umpire for the Purposes of this Act and the said
recited Acts; and when the said Commissioners shall differ or disagree in
Opinion touching any Matter or Thing to be done in the Execution of
this Act or the said recited Acts, then the Matter upon which such
Difference shall or may arise shall be settled and determined by such
Umpire, whose Determination in Writing shall be binding and conclusive
upon the said Commissioners, and on all others, so far as the Judgment
and Determination of the said Commissioners would in such Case have
been binding and conclusive ; and in case any such Umpire shall neglect
to settle and determine any such Difference after the same shall have
been referred to him by the said Commissioners, and a written Notice
under the Hands of the said Commissioners or One of them shall have
been served upon him, requiring him to settle such Difference, within
Thirty Days from the Service of such Notice, such Neglect shall be
and be deemed and taken to be a Refusal to act within the Intent and
Meaning of this Act; and, for the Purpose aforesaid, but not for any
other Purpose, such Umpire shall have and he is hereby invested with
the same Powers and Authorities as by this Act and the said recited Acts
are given to or vested in the said Commissioners.
III.
Provided always, and be it further enacted, That no Person shall Umpire to
be capable of acting as such Umpire until he shall have taken and sub- takeanOath.
scribed an Oath (or being a Quaker an Affirmation) in the Form or to
the Effect following; (that is to say,)
e r do swear, [or,
being one
ofthe
People called
Quakers,
do solemnly Oath.
« •* affirm,] That I will faithfully, impartially, and honestly, according
' to the best of my Skill and Judgment, execute and peiform the several
' Powers and Authorities vested and reposed in me as an Umpire by
1 virtue of an Act passed in the Third Year of the Reign of King
1
William
the Fourth, intituled
[here insert
the Title of this Act], accord-
' ing to Equity and good Conscience, and without Favour or Affection,
e Prejudice or Partiality, to any Person or Persons whomsoever.
So help me GOD.'
[Or,
being
a
Quaker,
omit
the
Words
' So help me God.']
Which Oath or Affirmation the said Commissioners or either of them,
or any Justice of the Peace for the County of
Worcester,
are and is
hereby empowered to administer ; and such Oath or Affirmation, and also
the Writing appointing such Umpire, shall be annexed to and inrolled or
deposited with the Award of the said Commissioners, and an Office Copy
thereof shall be admitted as legal Evidence on all Occasions.
IV. And be it further enacted, That if the said John Harris, or any pÜWer to
other Commissioner to be elected in his Stead as herein-after mentioned, appoint
uew
shall die, or go to reside beyond the Seas, or refuse or neglect for the Commis-
Space S10ners'
364 3°GULIELMI IV. 0^.17.
Space of Three Calendar Months to act, or become incapable of acting
before the Powers hereby vested in the said Commissioners shall be
executed and fulfilled, the said Henry Greswoldc, or the Owner and Pro-
prietor or Owners and Proprietors of the Rectory Impropriate of the
Parish of Tardley aforesaid for the Time being, shall, within Thirty Days
next after such Death, Refusal, Neglect, or Incapacity shall be known,
by Writing under his, her, or their Hand and Seal or Hands and Seals,
elect and appoint some fit and proper Person (not interested in the said
intended Division, Allotment, and Inclosure,) to be a Commissioner in
the Room of the said John Harris, and so from Time to Time as offen
as any Commissioner so to be appointed shall die, or refuse or neglect to
act, or become incapable of acting ; and if the said
William
Fowler, or any
other Commissioner to be elected in his Place or Stead, shall die, or go to
reside beyond the Seas, or refuse or neglect for the Space of Three
Calendar Months to act, or become incapable of acting before the Powers
hereby vested in the said Commissioners shall be executed and fulfilled,
the said John Taylor, or other the Lord or Lords, Lady or Ladies of the
said Manor of Tardley for the Time being, shall, within Thirty Days next
after such last-mentioned Death, going to reside beyond the Seas, Refusal,
Neglect, or Incapacity shall be known, by Writing under his, her, or their
Hand and Seal or Hands and Seals, elect and appoint a new Commis-
sioner (not interested in the said Division, Allotment, and Inclosure,) in
the Room and Stead of the said William Fowler, and so from Time to
Time as often as any Commissioner to be appointed as last aforesaid shall
die,
or refuse or neglect to act, or become incapable of acting.
In case the V. Provided always, and be it enacted, That if the said Henry Greswolde,
Impropriator or the Owner or Owners, Proprietor or Proprietors of the Rectory Im-
°h LMd °f propriate of the Parish of Tardley aforesaid for the Time being, or the
fai!
to ap- sa'd J°hn Taylor, or the Lord or Lords, Lady or Ladies of the said Manor
point a Com- of Tardley for the Time being, shall make default in nominating any future
missioner, Commissioner so directed to be appointed by them respectively as afore-
a pubhc gjjj vt'ithin the respective Times for that Purpose limited and in manneir
be called. aforesaid, then and so often as any of the said Events shall occur a public
Meeting of the several Persons who shall for the Time being respectively
be interested in the said Open and Common Fields, Meadows, Commons,
and Waste Grounds shall be called by Five or more of such Persons,
and be held as soon as conveniently may be after the Expiration of
Twenty Days next after such Default, of which Meeting at least Fourteen
Days previous Notice shall be given by any Five or more of such Persons
or Parties respectively by Writing to be affixed on one of the outer
Doors of the Parish Church of Tardley aforesaid, and also by Advertise-
ment to be inserted in Aris's Birmingham Gazette, or in some other
Newspaper commonly circulated within the said Parish of Tardley; and
the Persons thea assembled, or the major Part of them in Value (such
Value to be ascertained by the Land Tax Assessment), or their respective
Agents or Solicitors, shall and may nominate, elect, and appoint some
other Person (not interested in the said Division, Allotment, and Inclosure,)'
to be a Commissioner in the Room of such Commissioner so dying,
refusing or neglecting to act, or becoming incapable of acting as aforesaid,
and so from Time to Time as often as any Vacancy shall happen as last'
aforesaid ; and every Person so to be appointed Commissioner shall be
invested
3°GULIELMI IV. Cap.17.
invested with and have the same Powers and Authorities in all respects
to act in the Execution of this Act as if he had been originally nominated
a Com missioner in this Act.
VI.
And be it further enacted, That the said Commissioners shall have Appointment
Power and they are hereby authorized to appoint some fit and proper of Clerk.
Person or Persons to be Clerk or Joint Clerks to assist them in carrying
this Act and the said recited Acts into execution, and from Time to Time
to remove such Clerk or Clerks, and appoint another or others in his or
their Stead, as to such Commissioners shall seem meet; and such Clerk
or Joint Clerks so to be appointed shall be paid or allowed, out of the
Money to be raised for putting this Act into execution, such Sum or
Sums of Money as herein-after mentioned for his or their Time, Trouble,
and Expences in the Assistance to be given by him or them
as
aforesaid,
VII.
And be it further enacted, That out of the Monies which shall be AUowance to
raised for defraying the Expences of obtaining and passing this Act, and Commis-
executing the same and the said recited Acts, the said Commissioners and p?nlrs
the Clerk or Clerks to be appointed by them as herein-before directed
shall respectively be paid for each and every Day they shall respectively
travel or be employed in any Business relating to the Execution of this
Act or the said recited Acts, during the first Three Years next after the
passing of this Act, the Sum of Three Pounds and Three Shillings, and
no more, and after the Expiration of the said Three Years, until the
Powers granted by this Act shall be fully executed and performed, the
Sum of Two Pounds and Two Shillings, and no more, for each and every
Day they shall be respectively employed as aforesaid, in füll Satisfaction
for his and their Time and Trouble, and for the several Expences which
they shall respectively be put unto during their several Journies and
Attendances in the Execution of this Act or the said recited Acts, other
than and except the Expences for the Use of the Rooms in which the
Meetings shall be holden for carrying this Act and the said recited Acts
into execution, and the Costs and Expences of drawing, copying, engross-
ing, and enrolling the Award of the said Commissioners, and of Notices
and Advertisements.
VIII. And be it further enacted, That it shall be lawful for the said Appointment
Commissioners and they are hereby authorized and required, by Writing of
Surveyor.
under their Hands, to nominate and appoint any Person or Persons (not
interested in the said Division, Allotment, and Inclosure,) to be Surveyor
or Surveyors for the Purposes of the said recited Acts and this Act; and
if any Surveyor to be appointed by the said Commissioners shall die,
neglect or refuse to act, or become incapable of acting in the Execution
of the said recited Acts and of this Act, before the Duties hereby or by
the said recited Acts reposed in him are performed, then and in every
such Case the said Commissioners shall have Power and they are hereby
authorized and required to appoint some other fit and proper Person (not
interested in the said Division, Allotment, and Inclosure,)
to
succeed
to
such
Office, and so from Time to Time as often as any future Vacancy in that
Office shall happen ; and in case any such Surveyor shall neglect to perform
any of the Duties reposed in him, and a written Notice under the Hands
of the said Commissioners or One of them shall have been served upon
him, requiring him to perform any such Duty so neglected, within Thirty
[Private.'] , % Days
365
366 3°GULIELMI IV. Cap.Yl*
Days from the Service of such Notice, such Neglect shall be and be
deeraed and taken to be a Refusal to act within the Intent and Meaning
of this Act.
Surveyor to IX. Provided always, and be it further enacted, That no Person shall
take an
Oath.
De capable of acting as such Surveyor as aforesaid until he shall have
taken and subscribed an Oath (or, being a Quaker, an Affirmation) in the
Form or to the Effect following; (that is to say,)
Oath. ' 1 do swear, [or,
being one
of
the People called
Quaiers,
do
* solemnly affirm,] That I will faithfully, impartially, and honestly,
' according to the best of my Skill and Judgment, execute and perform
' the several Duties incumbent on me as Surveyor by virtue of an Act
4 passed in the Third Year of the Reign of King
William
the Fourth,
' intituled [here insert the Title of this Act], according to Equity and
' good Conscience, and without Favour or Affection, Prejudice or Par-
' tiality, to any Person or Persons whomsoever. So help me GOD.'
[Or,
being
a
Quaker,
omit
the
Words
' So help me God.']
Which Oath or Affirmation the said Commissioners or either of them,
or any Justice of the Peace for the said County of
Worcester,
are and is
hereby empowered to administer; and such Oath or Affirmation, and also
the Writing appointing such Surveyor or Surveyors, shall be annexed to
and enrolled or deposited with the Award of the said Commissioners,
and an Office Copy thereof shall be admitted as legal Evidence on all
Occasions.
Allowance to X. And be it further enacted, That out of the Monies which shall be
Surveyor. raised for defraying the Expences of obtaining and passing this Act, and
executing the same and the said recited Acts, the Person or Persons
for the Time being employed as Surveyor or Surveyors for the Pur-
poses of this Act shall be paid and allowed, for his and their Time
and Trouble in surveying. measuring, mapping, or planning the Lands
and Grounds necessary to be surveyed for the Purposes of this Act, One
Shilling and Sixpence per Acre for the uninclosed Lands, and Nine-pence
per Acre for the old inclosed Lands, or One Pound Eleven Shillings and
Sixpence for each and every Day he or they shall be actually and wholly
employed either in surveying, measuring, mapping, or planning, or other-
wise as a Surveyor for the Purposes of this Act, which said Sums of One
Shilling and Sixpence per Acre and Nine-pence per Acre, or One Pound
Eleven Shillings and Sixpence per Day, shall be in füll Satisfaction for his
or their Time and Trouble, and for all travelling and other Expences
(except Labourers Wages) of every Description to be incurred by him
or them as such Surveyor or Surveyors in and about the Execution of
this Act.
XI.
And for regulating the Duration of all Meetings to be holden for
the Purposes of this Act, be it enacted, That a Day shall be deemed to
consist of Eight Hours in all Meetings to be held between the Twenty-
fifth Day of March and the Twenty-ninth Day of
September,
and of Six
Hours between the Twenty-ninth Day of
September
and the Twenty-fifth
Day of March, and any Meeting to be holden for the Purposes of this
Act of a less Duration than Eight Hours or Six Hours, as the Case may
be,
shall be charged as only Half a Day, and the said Commissioners and
10 the
Regulating
the Duration
of Meetings.
3°GÜLIELMI IV. CapA7. Sffl
the said Clerk or Clerks shall be paid accordingly; and a Book shaüfee
kept
by
the said Commissioners or their Clerk or Clerks, in which shall be
entered the several Days on which the said Commissioners shall hold the
Meetings, and at what Hour the said Commissioners were present thereat,
and at what Hour they left the same; and such Book shall be signed by
the said Commissioners at the Termination of each Meeting, and shall be
open to the Inspection of all Persons interested in the said Inclosure, their
Agents or Attornies, during the several Meetings to be held in pursuance
of this Act, and all such Persons shall and
may
take Copies ofor Extracts
from such Book without paying any thing for the same: Provided also,
that it shall not be lawful for the said Commissioners to retain or pay
themselves or their Clerk or Clerks, out of any Monies to be received by
them or over which they may have any Control in the Execution of this
Act, any Sum or Sums of Money on account of the Allowance herein-
before directed to be made to such Commissioners and Clerk or Clerks
respectively, beyond One Third of such Allowance as he or they shall be
entitled to as aforesaid, until after the Expiration of Six Calendar Months
from the Date of the Award herein-after directed to be made, or in case
the Accounts of the said Commissioners shall be appealed against, then
not until such Appeal shall have been heard and decided : Provided never-
theless, that in case of the Decease of either of the said Commissioners or
of the said Clerk or Clerks previous to the Execution of the said Award,
the Commissioners for the Time being shall, after the Expiration of
the Time allowed for Appeal against the Accounts herein-after directed to
be made and stated, pay to the Executors or Administrators of such
deceased Commissioner or of such deceased Clerk or Clerks such Sum
of Money as shall appear by the said Accounts to be due thereon.
XII.
Provided always, and be it further enacted, That all Proprietors Proprietors
and Persons interested in the said Inclosure, their Attornies and Agents, to
pay
their
shall pay their own Expences when they or any of them shall attend at own Ex~
* ^ *• J •* D6nC6S St
any of the Meetings to be held in pursuance of
this
Act. Meetings.
XIII. And be it further enacted, That the said Commissioners shall Notice and
and they are hereby required to cause Notice to be given in the News- Adjournment
paper called Aris's
Birmingham
Gazette, or in some other Newspaper of
MeetinSs-
circulated in said Parish of
Tardley,
and also by a Notice affixed against
the principal outer Door of the Parish Church of
Tardley
aforesaid on
some
Sunday
before Divine Service, of the Time and Place of their first
and every subsequent Meeting for executing the Powers hereby and by
the said recited Acts vested in them, at least Nine Days before every such
Meeting shall be held (Meetings by Adjournment only excepted); and
the said Commissioners shall and may adjourn such Meetings from Time
to Time as they shall see Üccasion for the Execution of this Act and the
said recited Acts: Provided always, that all Meetings of the said Com-
missioners for executing this Act shall be held at some convenient Place
in the Parish of
Tardley
aforesaid, or within Three Miles from the Bound-
aries
thereof.
XIV. Provided always, and be it further enacted, That all other Notices
How
other
necessary or requisite to be given by the said Commissioners (except in Notices are
Cases where such Notice is directed to be given otherwise in and by this t0 be
2,ven>
Act) shall be given by Advertisement to be inserted in the said News-
paper
3ÜGULIELMI IV. CapA7.
päper called Aris's
Birmingham
Gazette, or in some other .Newspapfef
circulated in the said Parish oiTardley, or by affixing such Noticeonfbe
principal outer Door of the Parish Church of
Tardley
aforesaid.
XV. And be it further enacted, That if
any
Dispute or DifFerence shall
arise between any of the Parties who now are or before the Executioi>«bf
the Award of the said Commissioners may be interested in the
said
tin-
tended Division, Allotment, and Säle, touching their respective Rights
and Interests in the Open and Common Fields, Meadows, Commons, and
Waste Grounds to be divided and allotted or sold by virtue of this Aet,
or any other Matter or Thing relating to the said intended Divis^i,
Allotment, or Säle, it shall be lawful for the said Commissioners and t;hey
are hereby required, upon Examination of Witnesses on Oath (which
Oath the said Commissioners are hereby authorized to administer), or©f
any other proper Evidence, to inquire into, hear, and determine the same :
Provided always, that nothing herein contained shall authorize or empower
the said Commissioners to determine the Title to any Lands, Tenemeats,
or Hereditamentsw hatsoever, nor to determine any Right between anyof
the Parties contrary to the Possession of such Parties, except in Cases
of Encroachment as herein-after mentioned ; but in case the said Commis-
sioners shall be of opinion against the Right of the Party so in possessiop,
they shall forbear to make any Determination thereupon until the Posses-
sion shall have been given up by such Party, or recovered frora such
Party by Ejectment or other due Course of Law.
Power to XVI. And be it further enacted, That in case the said Commissioners
award
Costs.
^W upon the hearing or determining of any Claim or Claims, Objecöen
or Objections to be delivered to them in pursuance of the said first-
recited Act or of this Act, see Cause to award any Costs, it shall be
lawful for the said Commissioners and they are hereby empowered, upon
Application made to them for that Purpose, to settle, assess, and award
such Costs and Charges as they shall think reasonable to be paid to the
Party or Parties in whose Favour any Determination of the said Com-
missioners shall be made by the Party or Parties whose Claim or Claims,
Objection or Objections, shall be thereby disallowed or over-ruled ; and in
case the Person or Persons, Body or Bodies Politic, Corporate, or Colle-
giate, who shall be liable to pay such Costs or Charges, shall refuse or
neglect to pay the same on Demand, then it shall be lawful for the said
Commissioners and they are hereby authorized and required, by Warrant
under their Hands and Seals directed to any Person or Persons whom-
soever, to cause such Costs and Charges to be levied by Distress and Säle
of the Goods and Chatteis of the Person or Persons, Body or Bodies
Politic, Corporate, or Collegiate, so neglecting or refusing to pay the
same, rendering the Overplus (if any), on Demand, to the Person or
Persons, Body or Bodies Politic, Corporate, or Collegiate, whose Göods
and Chatteis shall have been so distrained and sold, after deducting the
Costs and Charges attending such Distress and Säle; and if there shall
not be any Goods or Chatteis whereon to levy the same, or in case the
Party ordered to pay such Costs be a Body Politic, Corporate, or Colle-
giate, then and^in either of
the
said Cases it shall be lawful for the Party or
Parties in whose Favour such Costs shall be awarded to recover the same
by Action or Actions of Debt or on the Case, in which Action or Actions
it shall be sufficient for the Plaintiff to declare that the Defendant is
indebted
368
Commis-
sioners to
settle Dis-
putes ;
but not to
determine
Titlcs.
3°GULIELMI IV. Cap.17.
indebted to him in the Sum specified in the Order of Adjudication made
by the said Commissioners, and in consequence of such Order, without
setting forth any other Proceedings under this Act.
XVII. Provided always, and be it further enacted, That in case any
Person or Persons, Body or Bodies Politic, Corporate, or Collegiate,
interested or claiming to be interested in the said Division and Allotment
or Säle, shall be dissatified with any Determination of the Commissioners
for the Time being touching or concerning any Claim or Claims of Right
of Common or other Rights and Interests in, over, or upon or out of the
Open and Common Fields, Meadows, Commons, and Waste Grounds
hereby directed to be divided, allotted, and inclosed, or sold, or any Part or
Parts
thereof,
or touching or concerning any Matter or Thing whatsoever
relating to the said Division, Allotment, or Säle, it shall be lawful for the
Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, so
dissatisfied with any such Determination, to cause an Action to be brought
in One of His Majesty's Courts of Record at
Westminster,
upon a feigned
Issue, against the Person or Persons, Body or Bodies Politic, Corporate,
or Collegiate, in whose Favour such Determination shall have made,
within Three Calendar Months next after the Determination of the said
Commissioners shall have been notified in Writing to the Person or
Persons, or Body or Bodies Politic, Corporate, or Collegiate, against
whom such Determination shall have been made, or to his, her, or their
known Agent or Attorney; and the Person or Persons, or Body or
Bodies Politic, Corporate, or Collegiate, so dissatisfied as aforesaid, shall
proceed to a Trial at Law of the Matter so determined by the said Com-
missioners at the next or the second Assizes to be holden for the said
County of
Worcester
after such Action or Actions shall have been so
commenced ; and the Defendant or Defendants in such Action or Actions
shall, and he, she, and they is and are hereby required to name an
Attorney or Attornies, who shall appear thereto or file Common Bail, and
accept One or more Issue or Issues whereby such Claim or Claims, Objec-
tion or Objections, and the Right or Rights thereby insisted on, may be
tried and determined (such Issue or Issues to be settled by the proper
Officer of
the
Court in which such Action or Actions shall be commenced
in case the Parties shall differ about the same); and the Verdict or
Verdicts which shall be given in such Action or Actions shall be final,
binding, and conclusive upon all and every Persons and Person, Bodies
and Body Politic, Corporate, and Collegiate whomsoever, unless the
Court wherein such Action or Actions shall be brought shall set aside
such Verdict or Verdicts, and order a new Trial to be had therein, which
it shall be lawful for the Court to do as is usual in other Cases; and after
such Verdict or Verdicts shall be obtained and not set aside by the Court,
the said Commissioners shall and they are hereby required to act in
conformity thereto, and to allow or disallow the Claim or Claims, Right
or Rights, Interest or Interests thereby determined, according to the
Event of such Trial or Trials: Provided always, that if no such Action
at Law as aforesaid shall be commenced within the Time herein-before
limited, or if any such Action shall be commenced, and the Plaintiff or
Plaintiffs therein shall not proceed to Trial within the Time and in
the Manner herein-before mentioned, then the Determination of the said
Commissioners shall be final, binding, and conclusive to all Intents and
Purposes whatsoever.
IPrivate.'} $ a XVIII. Pro-
370
Deaths of
Parties not
to abate
Actions.
Suits not to
delay the
Execution of
this Act.
'Deaths of
i'arties not
to dehiy the
Execuiion o
this Act.
3°GULIELMI IV. CapX7,
XVIII. Provided also, and be it further enacted, That if any of the
Parties, Plaintiffs or Defendants, in any Action to be brougM m pursuanee
of this Act, shall die pending the same, such Action shall not abate
Vtf
reason
thereof,
but shall be proceeded in as if no such Event had
haf*.
pened ; and if any Person or Persons in whose Favour any such Determi-
nation as aforesaid shall have been made, and against whom any such
Action might have been brought if living, shall die before any such.
Action shall have been brought, and before the Expiration of the Time
herein-before limited for bringing the same, it shall be lawful for the
Person or Persons, Body or Bodies Politic, Corporate, or Collegiate
respectively, who might have brought such Action against the Person or
Persons so dying, to bring the same, within the Time so limited as afore-
said, against such Person or Persons as if actually living, and to serve the
Clerk of the said Commissioners with Process for commencing such
Action in the same Manner as the Party or Parties so dying might have
been served therewith if living ; and it shall thereupon be incumbent on
the Heir or Heirs, or other Person or Persons who shall claim the Benefk
of such Determination as aforesaid, to appear and defend such Action in
the Name or Names of the Person or Persons so dead, and Proceedings
shall be had therein in the same Manner as if such Person or Persons
had been actually living; and the Rights of all Parties shall be equally
bound and concluded by the Event of every such Action.
XIX. Provided always, and be it further enacted, That if any Suit or
Suits shall be commenced or prosecuted touching or concerning the Riglj£,
Title,
or Interest of any Person or Persons or Party or Parties in or to
any Lands, Tenements, or Hereditaments whatsoever for or in respect of
which any Right of Common or other Rights or Interests in, over, op
upon the said Open and Common Fields, Meadows, Commons, ariii
Waste Grounds hereby directed to be divided and allotted or sold, or anjf
Part
thereof,
shall be claimed, such Suit or Suits shall not impede, delayv
or hinder the said Commissioners from proceeding in the Execution ©f
the Powers vested in them by this Act or the said recited Acts, but the
said Division, Allotment, and Säle shall be proceeded in notwithstandiag
such Suit or Suits; and the said Commissioners shall award the Allotment
or Allotments, or Share or Shares of the Monies to arise from Lands soid
pursuant to the Directions herein contained, in respect of the Heredila,
ments to which such Suit or Suits shall relate, to the Person or Persoias
or Party or Parties who shall be in the actual Possession or Enjoyment ©f
such Hereditaments; and the same Allotment or Allotments or Shares o€
the Monies aforesaid shall follow the Event of any such Suit or Suits, and
may be had and taken by the Person or Persons or Party or Parties who,
upon the Determination of such Suit or Suits, shall become entitled to tht
same.
XX. And be it further enacted, That if any of the Parties interested itt
the said Division, Allotmeiit, and Säle shall die before the same shall be
completed, the Powers and Authorities hereby given to the said Com-
missioners shall not be thereby determined or suspended, but the saft!
Commissioners shall proceed in the Execution of the Powers given l,
them by this Act and the said recited Acts in such Manner as they migfot*
have done in case such Party or Parties were still living; and the Share or
Shares of the Person or Persons so dying shall be allotted to the Persott
or
3°GÜLIELMI IV. CapA7. 3|]
or Persons who shall by Law become entitled to the same, and shall be
aeeepted and taken by him, her, or them according to the Directions of
this Act and the said recited Acts, and he, she, or they shall be liable to
the Charges and Expences and the several Provisions of this Act and of
the said recited Acts.
XXI. And be it further enacted, That it shall be lawful for the said Extinguish-
Commissioners at any Time or Times when they shall think it convenient ment of
or proper, by Notice for that Purpose under their Hands to be affixed on
5-'ghts
of
one of the outer Doors of the Parish Church oi
Tardley
aforesaid on some
Sunday
before Divine Service, to order the Rights of Common in, upon,
and over the Lands and Grounds hereby directed to be divided and in-
closed or sold, or any Part
thereof,
to be extinguished or suspended, either
in the vvhole or in part; and from and after the Time to be mentioned in
and fixed by any such Notice all such Rights of Common as shall be
thereby directed to be extinguished or suspended shall cease and be
extinguished' or shall be suspended accordingly, any Law, Usage, or
Custom to the contrary notwithstanding.
XXII. And be it further enacted, That for the Purpose of shortening For shorten-
or rendering straight the Boundary Fences between the Lands and ingBound-
Grounds by this Act directed to be divided and allotted and the old in- anes'
closed Lands in the said Parish of
Tardley,
or between such Allotments and
inclosed Lands or any of them and the Lands and Grounds in any adjoin-
ing Manor, Parish, Hamlet, or Place, it shall be lawful for the said
Commissioners, with the Consent of the Lord or Lords or Lady or Ladies
of the Manor or Manors in which the Lands are respectively situate, and
the Owners of the Lands adjoining to such Boundary Fences, testified by
Writing under their respective Hands, or under the Common Seal of any
of them being a Corporation Aggregate, to alter and straighten or shorten
the same Boundary Fences, or any of them, or any Part or Parts
thereof,
and to set out, ascertain, and determine such Boundaries as the said
Commissioners shall think proper for the Purposes aforesaid ; and after
such Boundaries shall be so set out, ascertained, and determined, the same
shall be made, fenced, ditched, or mounded by such Person or Persons,
in such Manner, and at such Time or Times as the said Commissioners
shall order and direct; and such Boundaries shall for ever thereafter be
deemed and taken to be the Boundaries between the said Allotments and
inclosed Lands respectively, or, as the Case may be, between the said
Parish of
Tardley
and any adjoining Manor, Parish, Hamlet, or Place;
any Law, Usage, or Custom to the contrary notwithstanding.
XXIII. And be it further enacted, That the said Commissioners shall Commis-
and may set out, appoint, and make all such common Ponds, Drains, slon"s set
Soughs, Culverts, Ditches, Watercourses, Tunnels, Banks, and Bridges "^
t™™-
in, through, and upon the Lands and Grounds hereby directed to be
iarge
and
divided, allotted, and inclosed, or sold, and also enlarge, widen, straighten, turn Water-
alter, turn, scour, and cleanse all or any of the present Drains, Soughs,
Ditches, or Watercourses, as well in, through, and over the same Lands
and Grounds, as in, through, and over any ancient Inclosures or other
Lands and Grounds within the said Parish of
Tardley,
as to them the said
Commissioners shall seem proper and necessary, making'such Satisfaction
to the Proprietors of such ancient Inclosures or other Lands or Grounds,
for the Damage done thereby, as the said Commissioners shall think fair
and
courses,
372
Power to
stop up or
alter Roads.
5.">G.
ö.
C
68.
3° GULIELMI IV. Cap.17.
and reasonable; and the Costs and Expences of making, enlarging, widen-
ing, straightening, altering, turning, scouring, and cleansing of suchPoodSj
Drains, Soughs, Ditches, Watercourses, Tunnels, Banks, and Bridges,
when the same shali be first made and done in pursuance of this Act,
shall be raised and levied by the Said Commissioners in the same Manner
and by the same Means as the other Costs and Expences of carrying this
Act into execution ; but all such Ponds, Drains, Soughs, Culverts, Ditches,
Watercourses, Tunnels, Banks, and Bridges shall at all Times afterwards
be repaired, cleansed, scoured, and maintained by such Person or Persons,
Body or Bodies Politic, Corporate, or Collegiate, and in such Manner, as
the said Commissioners shall in and by their said Award order and direct;
provided that no Stream or Watercourse be diverted or tu med through
any ancient Inclosures without the Consent in Writing of the Person or
Persons from whose Lands the same may be diverted, and of the Person
or Persons into whose Lands the same may be turned.
XXIV. And be it further enacted, That in setting out and appointing
the several public Carriage Roads, Highways, Bridle Roads, and Foötways,'
in pursuance of this Act or the said first-recited Act, the said Commis-
sioners shall and they are hereby authorized and empowered, if they shall
think it necessary or proper, to continue or discontinue, stop up, divert,
turn, or alter any of the Carriage Roads, Highways, Bridle Roads, or
Foötways passing or leading through or over any of the Lands or Grounds
intended to be divided and allotted or sold by virtue of this Act, or
passing or leading through or over any ancient Inclosures within the said
Parish of Tardley ; and the Soil of the Roads and Ways so to be discon-
tinued and stopped up shall be deemed and taken to be Part of the Lands
and Grounds to be divided and allotted or sold by virtue of this Act;
provided that no such Carriage Road, Highway, Bridle Road, or Foot-
way passing through any of the inclosed Lands and Grounds within the'
said Parish shall be discontinued, stopped up, diverted, turned, or altered
without the Concurrence and Order of Two of His Majesty's Justices ofthe
Peace acting for the County of
Wcrcester,
not interested in the said Divi-
sion, Allotment, or Säle, or in the Repairs of such Roads, such Order to
be made upon and after such Notice as is directed and required by an
Act passed in the Fifty-fifth Year of the Reign of His late Majesty King
George
the Third, intituled An Act to amend an Act ofthe Thirteenth Tear
of His present Majesty, for the Amendment and Preservation of the public
Highways, in sofar as the same relates to Notice of Appeal against turning
or
diverting a public Highway, and to extend the Provisions of the same Act
to the
stopping
up of
unnecessary
Roads ; and every such Order to be made
by such Two Justices of the Peace as aforesaid may include Two or more
Carriage Roads, Highways, Bridle Roads, and Foötways, and the same
Order or any Part or Parts thereof shall be subject to an Appeal in the:
Manner directed by the said last-mentioned Act.
Power to XXV. And be it further enacted, That the said Commissioners shall
widen
Roads,
anci may an^ ^gy are hereby authorized and empowered to widen any of
pensatfon°to~ ^e
Pu^uc
Roads or Highways where they shall see it necessary within the
said Parish of Tardley, and for that Purpose to take a sufficient Quantity
of the ancient inclosed Lands and Grounds adjoining to such Roads^ (the
same not being a Yard, Garden, Orchard, Park, Paddock, Plantation, or
Aveaue to any House.) and to make a füll Compensation for the Value of
3 the
pensation to
Land
Ottners.
3°'GULIELMI IV. Cap.lt 373
*He Land or Grourid so to be taken for the widening of such public Roads
or Highways, either in Money or by allotting and awarding unto the
Person or Persons from whom any such inclosed Land or Ground shall be
so taken an adequate Part or Parts of the said Lands or Grounds hereby
directed to be divided and allotted, and also to make good and substantiai
Fences on each Side of such widened public Roads and Highways for
and in lieu of the Fences which shall be injured or destroyed by means of
such widening.
XXVI. And be it further enacted, That the Charges and Expences Expences of
attending the stopping up, discontinuing, diverting, or widening of such discontinu-
Roads, and the making of such Fences as aforesaid, shall be raised and ]j]| R0^dsen
paid in such and the like Manner as the Expences of passing and execut-
ing this Act are hereby directed to be raised and paid,
XXVII. And be it further enacted, That no Person or Persons who- Roads not to
soever shall permit any Sort of Cattle, Sheep, or Swine to graze on any be
dePas-
Highway or Lane adjoining to any new Inclosure to be awarded and allotted ture '
or sold by virtue of this Act or the said recited Acts; and any Occupier
or Proprietor of Lands within the said Parish oiTardky, or his, her, or
their or any of their Servants and Labourers, is and are hereby empowered
to take and impound all such Cattle, Sheep, or Swine so found grazing
as aforesaid as Cattle Damage feasant.
XXVIIL And be it further enacted, That all Encroachments which shall Encrosch-
have been made or taken upon, from, or out of any of the said Open and ments-
Common Fields, Meadows, Commons, and Waste Grounds within the
Space of Twenty Years prior to the First Day of January last shall be
deemed Part of the Lands hereby directed to be divided, allotted, and
inclosed, or sold and disposed of, and shall be divided and allotted or sold
anddisposed of accordingly: Provided always, that nothing herein contained
shall be construed to give the said Commissioners Power to allot, divide,
seil, or dispose of or disturb any Lands or Cottages heretofore Parcel of
or built upon any of the said Open and Common Fields, Meadows, Com-
mons,
and Waste Lands respectively which have been inclosed or erected
Twenty Years or upwards prior to the said First Day of January last, but
such last-mentioned Lands and Cottages shall be deemed ancient Inclo-
sures and Erections, and be henceforth for ever enjoyed by the same
Persons and in the same Manner as they are at present enjoyed, against
all Persons and Claims whatsoever; and in case any Dispute shall arise
touching any such lnclosures or Encroachments, or the Extent or Dura-
tion
thereof,
all such Disputes shall be determined by the said Commis-
sioners: Provided also, that nothing herein contained shall give any
Persons in possession of any such last-mentioned Lands or Cottages any
Right or Title thereto as against any. Person or Persons to whom they
may have paid any Rent or Acknowledgment for the same within
Twenty Years prior to the said First Day of January last.
XXIX. And be it further enacted, That all Pieces and small Parcels Land bv the
ofuninclosed Waste Land containing more than Five Yards in Breadth sidesof'the
lying by the Side of any Turnpike Roads or other public Roads or Lanes Roads to be
within the said Parish of Tardley, and which in the Judgment of the said feUfthe^"
Commissioners may be conveniently inclosed without incommoding the Lands t0 be
'i {Private.'} ,. ^ public inclosed.
374 3°GÜLIELMI IV. C«p.l7.
public Intercourse on such Roadsor Lanes, or rendering such Turapifefr
Roads of less Breadth than Sixty Feet, and such other public Roads ijf
Lanes of less Breadth than Thirty Feet respectively, shall be deemed Part
of the Grounds within the said Parish of Tardley intended to be divided,
allotted, and inclosed, or sold and disposed of, under and by virtue of this
Act.
Four Acres XXX. And be it further enacted, That the said Commissioners shaÜ
of Land to and they are hereby required, before any Allotment or Allotrnents shall
be set out for ^Q
ma(je
jn
pursuance
0f this Act, to set out and allot to the Lord of
an
Quarries.
l^e Manor or" Tardky and the Rector Impropriate, the Patrons of the
Vicarage, the Vicar of Tardley, the Chaplain of Marston Chapel in the said
Parish, the Bailiff for the Time being of the Charity Estates of the Parish
of Tardky, and the Churchwardens and Overseers of the Poor of thö
Parish of Tardky aforesaid for the Time being, such convenient Plot oi
Plots,
Parcel of the Lands and Grounds hereby directed to be dividedj
allotted, and inclosed, or sold and disposed of, not exceeding in the whole
Four Acres, as they shall think fit, as and for public Gravel Pits and fot
Stone Quarries to be used for the Purpose of furnishing Materials fotf
making and repairing the public Roads and Ways in and over the Lands
and Grounds hereby directed to be divided, allotted, and inclosed, or soldi
and disposed of, and elsewhere in the said Parish of Tardley, and foc
repairing the public Footways in the said Parish ; which Plot or Plots of
Ground so to be set out shall be separated, inclosed, and kept fenced iri
such Manner and by such Person or Persons, and shall be used
undef;
such Regulations and Restrictions, as the said Commissioners shall by
their Award order and direct; and the said Plot or Plots of Ground so to
be set out shall be and the same is and are hereby vested in the Lordf of
the said Manor of Tardky and the Rector Impropriate, the Patrons of thd
Vicarage, the Vicar of Tardky, the Chaplain of Marston ChapeL, the BailifE
of the Charity Estates of the Parish of Tardky, and the ChurchwardenjJ
and Overseers of the Poor of the Parish ot Tardley aforesaid for tbj
Time being, upon Trust to suffer the same to be used by the Surveyor
OB
Surveyors of the Highways of the said Parish of Tardley, and, subjecl
thereto, upon the same Trusts for the Benefk of the Poor of the said
Parish as are herein-after declared concerning the Allotment and Allot-
rnents next herein-after directed to be set out.
of the Poor.
Alloiments XXXI. And be it further enacted, That the said Commissioners shall
for the Use mark, set out, and allot unto the Lord of the Manor of Tardky aforesaid)
the Rector Impropriate, the Patrons of the Vicarage, the said Vicar^
Chaplain,
Bailiff",
and the Churchwardens and Overseers of the Poor
of the Parish of Tardky aforesaid, One or more Plot or Plots of
Land to amöunt in the whole to Twenty Acres, Parcel of the said Com4
mons and Waste Lands, including, in such Parcels of Land the Land
opposite the Vicarage House upon which the present Sunday Schooi
Rooms are erected, together with the Waste Land adjoining theretd»
now used therewith; and the said last-metioned Plot or Plots of Land
shall, after the same shall be so set out and allotted, be vested in the Lord
of the Manor, the Rector Impropriate, the Patrons of the Vicarage, this
said Vicar, Chaplain,
Bailiff,
Churchwardens, and Overseers, and theü
Successors for ever, as Trustees for the Poor of the said Parish; and ihfr
said Trustees or the major Part of them are hereby empowered frora Tinte
13 So
3°GULIELMI IV.
Cap.
17.
tö Tifne to set or let all or any Part or Parts ofthe said Allätmenf or
Allotments to the poor Inhabitants of the said Parish, not exceeding One
Acre to each poor Inhabitant, as Tenant at Will, or to set or let thesame
or any Part thereof to any other Person or Persons as Tenant or Tenants
«t Will, at such Rent or Rents and under such Stipulations and Restric
tions as they the said Trustees or the major Part of them shall think
proper; and the Rents and Profits arising from such Allotment or Allot-
ments shall from Time to Time be applied in aid of the Poor's Rates of
the said Parish, or for the Benefit ofthe poor Inhabitants ofthe said Parish,
in such Manner as the said Trustees for the Time being shall think proper
and direct.
XXXII. And be it further enacted, That the said Commissioners shall Allotment
ot
in the next place divide, assign, set out, and allot all the Residue and the Residue
Remainder of the Open and Common Fields and Meadows in the said ^
°npdeu
Parish cf Tardley which shall remain after deducting thereout such Plot Meac|ÜWS
or Plots of Land (if any) as the said Commissioners shall set out therein
for the Purpose of public Gravel Pits and Stone Quarries, pursuant to the
Directions herein-before contained, unto and amongst the several Owners
and Proprietors thereof and Persons interested therein, in such Shares and
Proportions as the said Commissioners shall adjudge and determine to be
proportionate to the Value of and a füll Compensation and Satisfaction to
him, her, and them respectively for his, her, and their respective Rights
and Interests in, to, over, and upon the said Open and Common Fields and
Meadows respectively by this Act directed to be divided and allotted.
usa-
XXXIII. And be it further enacted, That in case the said Commis- Compens
sioners shall set out and allot any Plot or Plots lying in and Parcel of the t'011 to be
Open and Common Fields and Meadows hereby directed to be divided
!?adfvout
oi
and allotted for the Purpose of One or more Gravel Pit or Gravel Pits, Lands for
Stone Quarry or Stone Quarries, for the Repairs of the public Roads and
Land set out
Ways in the said Parish of
Tardley,
pursuant to the Power herein-before f°r Gravel
contained, they the said Commissioners shall and they are hereby re- ^ "V ?.,
quired to allot unto and for the Ovvriers and Proprietors of or other
Persons interested in the said Open and Common Fields and Meadows, or
someof them, such and so much of the said Commons and Waste
Grounds in the said Parish of
Tardley
as will in the Judgment of the said
Commissioners be equivalent to and a füll Satisfaction and Compensation
for the Plot or Plots so to be set out for the Purposes aforesaid in the said
Open and Common Fields and Meadows.
XXXIV. And be it further enacted, That the said Commissioners shall Allotment to
and they are hereby authorized and required to set out and allot unto and the
Lord
of
for the Lord of the said Manor of
Tardley,
and in such Situations as may the Maf m
be approved of by the Lord of the said Manor for the Time being, so as gj-jjj ° ls
not to interfere with the Waste Lands or Encroachments lying in the
Front of or adjoining to the old Inclosures of any other Proprietor or
Proprietors, so much and such Part or Parts of the said Commons and
Waste Grounds hereby authorized to be divided and allotted or sold and
disposed of as in the Judgment of the said Commissioners shall be equal
in Value to One Fourteenth Part of the said Commons and Waste Lands>,
Quality and Situation considered, which shall remain after the Roads
through and over the sape shall be set out, and after the Two severai
Allotments
376
Allotment to
the Lord of
the Manor
for his exclu-
sive Right of
Game on the
Commons.
Allotment of
Fish Ponds
to the Lord
of the Manor.
Allotment to
the Lord of
ali old En-
croachments
having paid
Rent, &c.
Allotments
for Vicarial
Tithes.
3°GULIELMI IV. Cap.17.
Allotments of Four Acres for Gravel Pits and Twenty Acresfpr fh%IJse
of the Poor, as herein-before mentioned, shall have been made^a&jjftfll
Satisfaction and Compensation for his Right as Lord of the Manor,to tj(je
Soil of the said Commons and Waste Lands, and that the Lands .rna.de
into Plantations by or in the Occupation of the Lord of the Mancsr,
which have not been inclosed Twenty Years prior to the said First Day of
January last, shall be allotted to him as Part of his said One Fourteenth.
XXXV. And be it further enacted, That the said Commissioners shall
and they are hereby required to set out and allot unto the Lord pf tfyesajd
Manor such further Part of the said Commons and Waste Lands as shall
be equal to the Value of Five Pounds per Annum in lieu and füll Satis-
faction for his sole Right of the Game on the Waste Lands of the said
Manor, and shall also set out and allot unto the Lord of the said Manor all
such Pools, Pits, or Ponds of Water lying in, about, or upon the said
Commons and Waste Lands as have been usually fished or stocked
with Fish by the said John Taylor, or any of his Predecessors or Ances-
tors,
as Lord of the said Manor of Tardley, for the Space of Twenty Y^ears
or upwards prior to the First Day of January last; and that the, said
Commissioners shall also allot and award to the Lord of the said Manor
all such Encroachments and Inclosures as have been made and in,clqsed
for the Space of Twenty Years or upwards prior to the said Firs.t L)ay,.pf
January last, the Right of which has been preserved to the Lord of the
said Manor by the Payment of Rent, Acknowledgment, or Amercja-
ment; and that such Allotments of Pools, Pits, and Ponds of Water^ajjd
such Encroachments and Inclosures as last aforesaid, shall be made tq thie
Lord of the said Manor, in addition to his said One Fourteenth of the
Commons and Waste Grounds herein-before directed to be allotted $0
him : Provided always, that such last-mentioned Provision shall not iriter-
fere with the Power of Säle herein-after given to the said Commissioners,
(as far as relates to the Strips and small Quantities of Land lying betwsen
any old Inclosures of other Freeholders, and any Lanes and Roads herein-
after directed to be offered to such Freeholders at a Price to be fixed by
the Commissioners,) but that the Purchase Money arising from the Säle
of such Strips, and small Quantities of Land as last aforesaid, the Right
of which has been preserved by the Lord of the Manor as aforesaid, shall
be paid to the Lord of the said Manor as his proper Monies.
XXXVI. And be it further enacted, That the said Commissioners shall
and they are hereby required to set out and allot unto and for the. said
Henry Gwyther and his Successors, Vicars of the said Parish of Tardley,
within Two Years after the passing of this Act, or as soon after as con-
veniently may be, for and in lieu and satisfaction of and for all Small or
Vicarial Tithes, Moduses, Compositions, or other Payments in lieu of
Tithes, arising, issuing, and renewingout of all and every of the said Open
and Common Fields, Meadows, Commons, and Waste Grounds, and also
out of and from the ancient Messuages or Tenements, Cottages, Gardens,
Orchards, and old inclosed Lands and Grounds within the said Parish of
Tardley, such Plot or Plots, Parcel or Parcels of the said Commons and
Waste Grounds as shall, with the Buildings herein-after directed to be set
up thereon, in the Judgment of the said Commissioners, be of the elear
yearly Value of Five hundred and twenty-five Pounds, ovet and abpve
the Com Rents to be charged thereupon and payable thereout, in saris*
faction
3dGULIELMI IV. Cap.\7.
lafct&n and discharge of Rectorial Tithes in pursuance of the Directum«
herein-after contained, and also over and above all Poor Rates, Highway
Rates,
Church Rates, and other parochial Payments to be payable in
respect of the same, in lieu of and as a füll Compensation and Satisfaction
for all the Small or Vicarial Tithes, Moduses or other Payments in lieu
of Tithes, payable to the said Vicar ; and from and immediately after such
last-mentioned Allotment or Allotments shall have been fenced, and suit-
able Farm Buildings erected thereon as herein-after directed, and Possession
thereof shall have been delivered to the said Vicar, all Small and Vicarial
Tithes, and Moduses and Compositions in lieu of Tithes, issuing, arising,
or payable to the said Vicar out of, from, or in respect of all and every
the said Open and Common Fields, and also out of and from all the ancient
Messuages or Tenements, Cottages, Gardens, Orchards, and old inclosed
Lands and Grounds within the said Parish of Tardley, shall cease and deter-
mine, and be for ever extinguished, and no longer paid or payable.
XXXVII. And be it further enacted, That the said Commissioners Residue of
shall, in the next place, divide and set out the Residue of the said Com- Waste Land
mons and Waste Grounds into such Plots and Parcels or Allotments of t0 be soW'
Land as in the Judgment of the said Commissioners will be most fit and
advantageous for Säle, and the said Commissioners shall and they are
hereby required to seil and dispose of, either by public Auction or by private
Contract (of which Auction or Auctions (if any) Twenty-one Days
Notice at the least shall be given in Aris's Birmingham Gazette, or some
Newspaper usually circulated in the said Parish of Tardley,') the said last-
mentioned Plots and Parcels or Allotments of Land; and the Purchase
Monies for the Lands soto be sold as aforesaid shall be paid into the Hands
of the said Commissioners, and the Receipt or Receipts of the said Com-
missioners for such Purchase Monies shall be a sufficient Discharge or
Discharges to such Purchaser or Purchasers for the same; and upon the
Receipt of the whole Purchase Money for any Allotment or Allotments
which shall be so sold as aforesaid, the said Commissioners shall and they
are hereby authorized to grant and convey, by Deed under their Hands and
Seals,
the Fee Simple and Inheritance of and in such Allotment or Allot-
ments to such Person or Persons, and for such Use or Uses, as the respec-
tive Purchaser or Purchasers shall appoint; and immediately after the Exe-
cution of any such Deeds the Lands therein described tobe therein granted
and conveyed shall become vested in such Purchaser or Purchasers, and his,
her, or their respective Heirs and Assigns, or become settled to such Uses
as shall be declared by such Deeds.
XXXVIII. Provided always, and be it further enacted, That the said Offers by
Commissioners shall and they are hereby required, before they shall pnvateCon-
sell by public Auction any Strips or small Quantities of Land lying
^el°n
ceer.
between any old Inclosures in the said Parish of Tardley and any Lanes ta;n cases.
or Roads therein, to make an OfFer in Writing of such last-mentioned
Strips or small Quantities of Land for Säle by private Contract to the
Proprietors of such last-mentioned Inclosures at such Price or Value as
the said Commissioners shall put thereon, and such Proprietors shall
have the Option of taking the same at such Price or Value accordingly ;
and in case any such Proprietors shall for the Space of Twenty-one Days
after such OfFer by the said Commissioners as aforesaid neglect or refüse
to täke and purchase the same at such Price or Prices or Value as afore-
said, then the said Commissioners shall and they are hereby empowered
[Private.~] r Q and
377
3°GULIELM1 IV.
CapAT.
and required to seil the same as herein-before is mentioned$ ani 5the
Money arising by such Säle or Sales shall be applied by the sah!
Commissioners'
in
defraying and discharging the Costs, Charges, and
Expences incident to and attending the obtaining and passing of this
Act, and of surveying, admeasuring, planning, valuing, dividing, fencingv
as herein directed, and allotting the several Lands and Grounds directed.
to be divided, allotted, and inclosed by virtue of this Act, and all the
Charges of the said Commissioners, their Clerks, Assistants, andServanfS,
and all othert he necessary Expences of the several Persons to be employed
by the said Commissioners in and about the said Lands and Grounds, and
all the Expences of forming, completing, and repairing the public Car*
riage Roads and Highways to be set out and appointed by the said
Commissioners in, over, and upon the said Lands and Grounds, and of
ascertaining, establishing, and apportioning the several Com Rents hereby
directed to be ascertained and established in lieu of Great or Rectorial
Tithes within the said Paris!) of
Tardley,
and all other the Costs, Charges,
and Expences incident to or which shall be occasioned by carrying this
Act or the said recited Acts into execution.
XXXIX. And be it further enacted, That in case any Surplus shaH
remain of the Monies to be raised as aforesaid after all such Gösts,
Charges, and Expences as aforesaid shall be fully paid and satisfied', such
surplus Monies shall be divided and apportioned between the several
Persons interested in the said Commons and Waste Lands according tö
their several and respective Rights and Interests therein, and such pro-
portional Parts and Shares of such surplus Money shall be paid to tfiöse
Proprietors who are Tenants in Fee Simple or Customary Tenants or
Copyholders having an Estate of Inheritance to them and their Heirs of
the Estates in right of which they shall be entitled to such surplus Money;
but the surplus Money to which any Proprietor, not being aTenant in
Fee Simple or Customary Tenant or Copyholder, having an Estate of
Inheritance as aforesaid, may be entitled, shall be applied and disposed of
in the same Manner as any Money to be paid for the Purchase or Ex-
change of Lands, Tenements, or Hereditaments, or of any Timber or
Wood growing thereon, and which Money ought to be laid out in the
Purchase or Exchange of other Lands, Tenements, or Hereditaments to
be settled to the same Uses, is by this Act directed to be applied and
disposed of.
XL.
Provided always, and be it further enacted, That in case the Money
arising by the Säle or Sales to be made in pursuance of this Act shall nöjr
be sufficient to defray all the Costs, Charges, and Expences aforesaid,
then the Deficiency shall be made up by the several Persons interested in
the Lands and Grounds by this Act directed to be divided and allotted or
sold and disposed of (except the Vicar of the said Parish of Tardley fqr
the Time being), and shall be paid in such Shares and Proportions, within
such Time, and to such Person or Persons as the said Commissioners shall
direct, nominate, and appoint; and in case any Person herein-before made
subject to the Payment of any Money towards such Charges and Expences
as aforesaid shall neglect or refuse to pay his or her Share or Proportion
thereof within the Time appointed as aforesaid, or at any Time afterwards,
on Demand, the same shall and may be levied and recovered in the Manner
directed by the said first-recited Act.
XLI. And
Application
of surplus
Money.
Deficiency
to be raised
by Rate.
3°GULIELMI IV.
CapM.
$$
. And be it further enacted, That the said Comraissipneis, saall Lord of the
sind1
they are hereby required, by Writing under their Hands, at anyJIune M*nor
.t0 P"X
eicher before or after the Execution of their Award, to direct and appoint EXpences 'm
what Proportion of the Expences of obtaining this Act and carrying the respect
of
same into execution ought to be borne and paid by the Lord or Lords of Manorial
the Manor of Tardley for the Time being in respect of the Allotment or Allotinents-
Allotments herein-before directed to be set out to the said Lord of the
Manor as a Compensation for his Right to the Soil of the Waste Lands
of the said Manor; and in case of Nonpayment of such last-mentioned
Proportion of such Expences within the Time and in the Manner to be
specified in such last-mentioned Writing, or at any Time thereafter, on
Demand, the same may be levied and recovered by the same Ways and
Means as any Monies may be levied and recovered by the said recited
Acts and this Act.
XLII. And be it further enacted, That in case the said Commissioners Owners
of
shall find it necessary, for the due and just Apportionment of the Ex- Lands in t!le
pences of obtaining this Act and carrying the same into execution, that
®pen
Fl|)ds
any Portion of such Expences should be borne exclusively by the Owners 0f Expences.
and Proprietors of Land lying in the Open and Common Fields and
Meadows in the said Parish of
Tardley,
then such Portion of such lasN
mentioned Expences shall be paid by the Proprietors of and Persons
interested in the said Open and Common Fields and Meadows in the said
Parish of
Tardley,
in such Shares and Proportions, within such Time, and
to such Person or Persons as the said Commissioners shall from Time to
Time by Writing under their Hands direct, nominate, or appoint; and
in case any Person or Persons subject to the Payment of any Money
towards such Portion of such Charges and Expences as aforesaid shall
neglect or refuse to pay his, her, or their Share or Proportion thereof
within the Time to be appointed as aforesaid, or at any Time thereafter, on
Pemand, the same may be levied and recovered by the same Ways and
Means as any Monies may be levied and recovered by the said first-
recited Act.
XL1II. And be it further enacted, That until the said Allotments for Tithes Mo-
and in lieu of Vicarial Tithes, Moduses or other Payments and Com- duses,
&c.
m
positions in lieu of the same, shall be made and set out in pursuance of be
P,ayj*bl(;,
this Act, and until Possession thereof shall be authorized to be taken, or iotments are
until such other Time as the said Commissioners shall appoint by Writing set out and
under their Hands, such Tithes, Moduses or other Payments and Com- Possession
'
positions in lieu of Tithes, shall continue payable to and be received and
*utb°"z^
enjoyed by the said Vicar for the Time being in such Manner as he would
or might have received and enjoyed the same in case this Act had not
been passed; and if any Dispute or Difference shall arise between any
Persons touching or concerning the Proportion of Tithes, Moduses or
other Payments or Compositions in lieu of Tithes, vvhich ought to be paid
for or in respect of the Time which shall have elapsed between the last Day
of such Payment and the Time of making and setting out and authorizing
Possession to be taken of the Allotments to be made in lieu thereof in
pursuance of this Act, the said Commissioners shall and they are hereby
authorized and required, on Application made to them for that Purpose,
either before or after the Execution of their Award, to hear and finally
determine every such Dispute and Difference. XLHL And
380
Allotments
*o the Vicar
to be fenced
at tbegeneral
Expence.
3°GULIELMI IV. Cap.17.
XLIV. And be it further enacted, That the Allotment or Allötflients
herein directed to be made to the said Vicar in respect of and ai Keü'öf
his Tithes as aforesaid shall be inclosed, mounded, and ring-fenced and
subdivided with such Hedges, Ditches, Mounds, and other Fences as the
said Commissioners shall by Writing or Writings from Time to Time
under their Hands direct; and the Expences
thereof,
and of maintaining
the said Hedges, Ditches, Mounds, and Fences of the said Allotments
for Seven Years from the making
thereof,
shall be raised and paid in like
Manner as the Expences of obtaining this Act and carrying the same into
execution are herein directed to be raised and paid; and such Hedges,
Ditches, Mounds, and Fences shall for ever after the Expiration of the
said Seven Years be maintained and supported by and at the Expence of
the said Vicar and his Successors.
Buildings
to be set up
on Vicar's
Allotment.
Power to
Vicar to lease
KTs
Allot-
ment.
XLV. And be it further enacted, That the said Commissioners shall
and they are hereby authorized and required to erect and set up upon the
Lands and Grounds herein-before directed to be set out and allotted to
the said Vicar and his Successors in lieu of Vicarial Tithes such One or
more Farm House or Farm Houses, with necessary and convenient Barns,
Stahles, Buildings, Cowhouses, and other Farm Buildings to be attacjhed
thereto, as they the said Commissioners shall in their Judgment consider
necessary and suitable for the proper and convenient Occupation of the
said Allotments, and fit up, finish, and complete the same in such Manner
as they shall think expedient; and the Expences of building, fitting up,
and finishing such Farm Houses and other Buildings shall be raised and
paid in like Manner as the Expences of obtaining this Act and carrying
the same into execution are herein directed to be raised and paid.
XLVI. And be it further enacted, That it shall be lawful for the Vicar
for the Time being of the Parish of Tardley aforesaid, by Indenture or
Indentures under his Hand and Seal, with the Consent and Approbation in
Writing of the Patron or Patrons of the said Vicarage and of the Bishop
of the Diocese of
Worcester
for the Time being, such Consent to be had
previous to the Execution of such Indenture or Indentures by the other
Parties thereto, to lease or demise all or any Part or Parts of the Allotment
or Allotments to be set out and allotted to such Vicar in lieu of Vicarial
Tithes by virtue of this Act to any Person or Persons whomsoever for any
Term not exceeding Twenty-one Years as a Farm Lease, upon such Terms
and Conditions as are usual and proper in Farming Leases, or for any Term
or Terms of Years not exceeding Ninety-nine Years, upon such Terms and
Conditions as are usual and proper in Building Leases, so that the Rent or
Rents of the same shall be thereby reserved to the said Vicar for the Time
being by quarterly Payments in every Year, and that there be thereby also
reserved and made payable to such Vicar 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
making or granting 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 such 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 become due, and so that a Counterpart of each such Lease shall
be duly executed by the Lessee or Lessees to whom such Leases shall be
7 made
3° GÜLIELMI VI. Cap.ll. 3BI
nsadeas. aforesaid: Provided always, that whenever any Lease to bes«t
granted shall by any Means become forfeited or void, or be surrendered
before the Expiration by Effluxion of Time of the Term thereby granted,
then and in such Case, and so often as the same shall happen, it shall be
lawful for such Vicar as aforesaid for the Time being, by and with the pre-
vious Consent and Approbation of the Bishop of the Diocese, and of the
Patron or Patrons of the said Vicarage, to grant
a
new Lease of the Land 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 ; and every such Lease
shall be valid and effectual, any thing in the said first>recited Act, or any
Law or Usage, to the contrary notwithstanding.
XLVII. And whereas in order to accommodate the said
Henry
Gwyther Vicar
em-
and his Successors, Vicars of the said Vicarage, it hath been agreed that P°wered to
the Messuages, Buildings, and old inclosed Farm and Lands specified in ^i^lnt or
the Schedule to this Act, together with any other old inclosed Lands or part of it for
Tenements as may be agreed upon, shall be given up to the said Henry
old inclosed
Gwyther in lieu and exchange for a Part or Parts of his said Tithe Allot- Lands-
ments of equal Value ; be it therefore further enacted, That the said Com-
missioners shall and they are hereby required to set out and allot to the said
Henry
Gwyther and his Successors, Vicars of the said Vicarage, the said
Messuage, Buildings, and old inclosed Farm and Lands specified in the
Schedule to this Act, and any other additional old inclosed Lands and
Tenements, or so much and such Parts thereof as in the Judgment of
the said Commissioners shall be fit and proper for the Purpose aforesaid,
or any other Lands and Tenements that, with the Consent of the Owner
or Proprietor
thereof,
or the Husbands, Guardians, Trustees, or Com-
roktees of such Owners or Proprietors as are Fernes Covert, Infants^
Lunatics, or under any legal Disability, shall be given up, and by the said
Henry
Gwyther and his Successors, Vicars of the said Vicarage, shall be
considered more proper and convenient for the Purpose aforesaid; and
that in lieu thereof the said Commissioners shall and they are hereby
required to set out and allot to the Person and Persons respectively giving
up such Lands and Tenements so much and such Parts of the said Com-
mons and Waste Grounds allotted to the said Vicar for his Tithes as
aforesaid as shall be equal in Value to the Lands and Tenements so given
up in lieu thereof as aforesaid ; provided that all such Exchanges shall
be with the Consent and Approbation in Writing of the Patron or Patrons
of the said Vicarage, and of the Bishop of the Diocese of
Worcester
for
the Time being.
XLVIII. And be it further enacted, That when and so soon as the said Meetings for
Commissioners shall have ascertained the respective Rights and Interests objecting to
of the said Proprietors in the Open and Common Fields and Meadows to Allotments-
be divided and allotted by virtue of this Act, and also the respective
Shares and Proportions by them proposed to be allotted to such Proprietors
respectively in lieu
thereof,
the said Commissioners shall hold One or
more Meeting or Meetings at some convenient Time and Place or Times
and Places, when and where the Proprietors may be inforrned of such
Allotments, and see the same set out and delineated on a Map or Plan
to be produced for their Inspection ; and if any of the said Proprietors
upon such Inspection shall be dissatisfied with the proposed AllotmentSj
{Private.'] 5 rf the
Allotments
of old In-
closures with
Consent of
Proprietors.
382 3°GULIELMI IV. Cap.17.
the said Commissioners shall, at such Time and Place aforesaidv? ofe-at
some other Time and Place to be appointed by them for thät, Purpose»
receive Statements in Writing of the Complaints and Objectionsof any
Proprietor or Proprietors against any such Allotment or Allotments, and
shall forthwith, or as soon after as conveniently may be, determkie the
same; and such Determination shall be binding and conchisive on all-
Parties interested in such Allotment or Allotments.
XLIX. Provided always, and be it further enacted, Thai, it shall ber
lawful for the said Commissioners, by and with the Consent in Writine?
and at the Request of the respective Owners or Proprietors of any
Homesteads, Gardens, Orchards, and old inclosed Lands or Grounds
within the said Parish of Yardley, whether such Owners or Proprietors
shall be Bodies Politic, Corporate, or Collegiate, or Corporations Aggre*
gate or Sole, or Tenant or Tenants in Fee Simple, or for Life, or in Fee-,
Tail, General or Special, or by the Curtesy of England, or for Yeara
determinable on any Life or Lives, by and with the Consent of the Lesso4
or Lessors of any such Homesteads, Gardens, Orchards, and old inclosed'
Lands or Grounds holden for Years determinable as aforesaid, and not
otherwise, or with the Consent of the Guardians, Trustees, Feoffees for.
charitable or other Uses, Husbands, Coramittees, or Attornies of or acting:
for any such Owners or Proprietors as aforesaid who shall be. Infants^
Fernes Covert, Lunatics, or under any other legal Disability, or who shalfe
be beyond the Seas, or otherwise disabled to act for themselves,
himself,
or
herseif,
(such Consent to be respectively testified by Writing under
the Common Seal of such Bodies Politic, Corporate, or Collegiate, and.
under the Hands of the other consenting Parties respectively,) to order|
and direct such Homesteads, Gardens, Orchards, and old inclosedä
Lands to be considered as allottable Lands and Part and Parcel of thi
Lands and Grounds hereby authorized to be divided, allotted, and ia3
closed ; and such Allowance shall be made to the respective. Owners ori
Proprietors of such Homesteads, Gardens, Orchards, and old inclosedi
Lands and Grounds, on account of the Situation or other beneficial Ciw
cumstances
thereof,
as the said Commissioners shall adjudge to be just ani
reasonable ; and the said Commissioners shall and they are hereby required
to set out, allot, and award unto and for the respective Owners or Pro-
prietors of such Homesteads, Gardens, Orchards, and old inclosed Lands*
and Grounds, in lieu
thereof,
so much and such Part or Parts of the Lands*
and Grounds hereby directed to be divided, allotted, and inclosed as they
the said Commissioners shall think reasonable and just, subject to the Rules*
Orders, and Directions in this Act and the said recited Acts contained.
Power of L. And be it further enacted, That it shall and may be lawful to and
Exchange. for the said Commissioners to set out, allot, and award any Lands, Tene-»
ments, and Hereditaments within the said Parish of Tardley in lieu of and
in exchange for any other Lands, Tenements, or Hereditaments within thß
said Parish of Tardley, or any adjoining Parish or Place, provided thafc
all such Exchanges be ascertained, specified, and declared in the Award
of the said Commissioners, and be made with the Consent of the Ownd*
or Owners of the Lands, Tenements, or Hereditaments which shall b£
so exchanged, whether such Owner or Owners shall be a Body or Bodids
Politic, Corporate, or Collegiate, or a Tenant or Tenants in Fee Simple^
or in Fee Tail, General or Special, or for Life, or by the Curtesy c&
3 England,
3° GÜLIELMI IVr G&1T. 383
Englandj or for Years-determinable on any Life or Lives byarrdwitff the
Consent of the Lessor or Lessors
thereof,
but not otherwise, or with
the Consent of the Guardians, Trustees, Feoffees for charitable or other
Uses,
Husbands, Committees, or Attornies of or acting for any such
Owners as aforesaid who at the Time of making such Exchange ör
Exchanges shall be respectively Infants, Fernes Covert, Lunatics, or under
any other legal Disability, or who shall be beyond the Seas, or otherwise
disabled to act for themselves,
himself,
or
herseif,
such Consent to be
testified in Writing under the Common Seal of the Body Politic, Cor-
porate, or CoUegiate, and under the Hands of the other consenting
Parties respectively ; and all and every Exchanges and Exchange so to be
made shall be good, valid, and effectual in the Law to all Intents and
Purposes whatsoever: Provided nevertheless, that no Exchange shall be
made of any Lands, Tenements, or Hereditaments held in right of any
Church or Chapel, or other Ecclesiastical Benefice, without the Consent,
testified as aforesaid, of the Patron
thereof,
and of the Bishop of the
Diocese in which such Lands, Tenements, or Hereditaments so to be
exchanged shall be situate
:
Provided always, that all the Costs, Charges,
and Expences attending the making of any Exchanges shall be paid, borne,
and defrayed by the several Persons making such Exchanges in such Shares
and Proportions, andat such Time, and to such Person or Persons, as
the said Commissioners shall by any Writing under their Hands direct or
appoint.
LI.
And be it further enacted, That all and every Persons or Person, Allotments
Bodies or Body Politic, Corporate, or CoUegiate, Corporations or Cor- t0 be fenced.
poration Aggregate or Sole, or other Proprietors or Proprietor, except the
said Vicar to or for whom any Allotments or Allotmenr, or any Parts or
Part of the said Open or Common Fields, Meadows, Commons, and Waste
Grounds hereby directed to be divided, allotted, andinclosed or sold, shall
be made under or by virtue of this Act, shall respectively, at their, his, and
her own Expence, fence in and inclose the same in such Manner and
within such Time as the said Commissioners shall in and by their Award,
or any other Writing under their Hands, direct or appoint.
LH.
And be it further enacted, That all and every the Lands and Lands to be
Hereditaments which shall be allotted by virtue of this Act shall be °f the same
holden and shall be deemed and taken to be under and subject to the tl)0se in
rjffht
same Tenure as the Lands and Hereditaments in right or in respect of of
which
they
which such Allotments shall be made, and the said Commissioners shall
™ay be
al-
in their Award specify and determine the Tenure of such Allotments lotted-
accordingly.
to be voicl.
LHI. And be it further enacted, That from and immediately after the Leases at
Allotments herein directed to be made shall be marked and staked out, ^a£k ^:f
and the said Commissioners shall have directed the same to be entered
upon by the Persons respectively for whom the same shall be intended,
all and every Leases and Lease and other Agreements and Agreement at
Rack Rem subsisting of all or any Part or Parts of the said Lands hereby
directed to be divided and inclosed as aforesaid, and of any Right of
Common thereon, and of the Messuages or Tenements and Homesteadä
respectively belonging thereto, for any Term or Terms of Years not
exceeding Twenty-one Years, (save and except such Leases and Agree-
ments,
3°GULIELMI IV. Cqp.Yl.
*nent&as by the express Terms thereof are not to be void itftsat
o%
äft
AHotment in Severalty or Inclosure,) shall cease, determine, and be.VQid
as to all such Lands and Rights of Common respectively, but not as tp any
other Hereditaments comprised therein, such Compensation beiog pajd
QX
allowed by the respective Landlords to the respective Teriants whose
Leases or Agreements shall be so vacated as the said Commissioners shall
byWriting under their Hands order and direct in that
Behalf;
and it
shall be lawful for the said Commissioners and they are hereby authp-
rized ,by Writing under their Hands, to ascertainj direct, and appoint
what Rent or Share or Proportion of Rent shall be paid by the several
Tenants of the Lands to be inclosed by virtue of this Act, or the Rights
of Common thereof in their respective Holdings, to their respective Land-
lords,
from the Time of passing this Act until such Land shall be marked
and staked out and be directed to be entered upon as aforesaid, and also
to order and direct what Proportion and Amount of the whole-Rent
reserved upon such Lease or Leases, Agreement or Agreements, shall be
paid by such Tenants from the Time of passing this Act to their respec-
tive Landlords for the Messuages, Homesteads, or ancient Inclosures
comprised in such Lease or Leases, Agreement or Agreements, until the
Expiration
thereof,
and which are not meant or intended to be made vpid
as to such Messuages, Homesteads, or ancient Inclosures ; provided that
no Lease or Agreement comprising Messuages, Homesteads, or aacie.rjjt
Inclosures only shall be void by virtue of this Act.
LIV* And be it further enacted, That the said Commissioners sha$,,s,9
soon after the passing of this Act as conveniently may be, and from Time
to Time as they shall think fit, by Writing under their Hands to be affix«!
on One of the outer Doors of the Parish Church of Tardky aforesaid,
order and direct what Course of Husbandry, and what Stint or Rüle of
stocking and enjoying, shall be respectively observed and used in, over,
and upon the said Open and Common Fields and Meadows, until such
Time
as
they shall have completed the said Division and Allotment
thereof,
as well with respect to the laying down, ploughing, sowing, fallowing,
manuring, and tilling
thereof,
as to the stocking and depasturing upon
the Commonable Lands and Fallows or Stubbles upon the said Lands or
Grounds, and to make such Recompence for the same as they shall
think right, and shall and may make such further Orders and Regula-
tions touching the Conduct of the Farmers and Occupiers of the said
Open and Common Fields and Meadows, for preventing them from plough-
ing up, committing Waste or Destruction upon, or improperly managing
or stocking any of the said Open and Common Fields and Meadows,
until the said Division and Inclosure shall be completed, as to the said
Commissioners shall seem proper and expedient; all which Orders and
Regulations shall be binding and conclusive upon all Parties interesteä!;
and the said Commissioners shall and may set and impose such pecuniary
Penalties and Forfeitures on every Person not conforming to such Orders
and Regulations as they shall think necessary, not exceeding the Sum of
Five Pounds per Acre in case of cross cropping or withholding from the
Land its due Proportion of Manure, or Ten Pounds in any other Case
for any One Offence, and shall and may also settle, adjudge, and deter-
mine in all Cases where the Tenant is entitled by Agreement to the
Manure ansing from the Lands in his Occupation by whom such Tenant
shall be compensated for any such Manure left or given up by him; and
such
3°GULIELMI IV. Cap.17. 385
Such Penalties, Eorfeitures, and other Sums of Money so to be settled,
ordered, adjudged, and determined to be paid for or on accoQßFöf
the several Matters and Things aforesaid shall be recovered and recovetäWe
iri the Manner directed in and by the said first-recited Act wtth reöpect to
the Ievying and Recovery of Penalties.
LV. And be it further enacted, That the said Commissioners shall and Satisfaction
they are hereby authorized by Writing under their Hands to ascertain, t0 be mi\de
order, and appoint what Recompence or Satisfaction in Money shall bergrow,ng
made to the Owner or Owners of any Crops growing upon the Open and
Common Fields and Meadows hereby directed to be divided, allotted, and
inclosed at the Time such Division and Allotment shall be made, for the
said Crops, by the Person or Persons to whom the Lands and Grounds on
which such Crops are growing shall be allotted, unless such Owner or
Owners shall within the Time to be appointed by the said Commissioners
for that Purpose declare his, her, or their Intention to cut, reap, and carry
away the same; and in case of Nonpayment of such Recompence and
Satisfacion for such Crops at the Time and in manner to be directed by
the said Commissioners, or in case of such Election to cut, reap, and take
away the same, then it shall be lawful for such Owner or Owners, and his,
her, or their Servants and Workmen, with Horses, Carts, and Carriages,
to enter into and upon the Lands and Grounds whereon such Crops shall
be growing, and reap, cut, and carry away the same for his, her, or their
own Use; and the said Commissioners shall also and they are hereby
empowered, by any Writing or Writings under their Hands, to ascertain,
order, and appoint what Recompence and Satisfaction in Money shall be
paid, and to whom, for the Standage of such Crops, by the Owner or
Owners electing to carry away the same as aforesaid, and also what
Recompence and Satisfaction in Money shall be paid, and by whom, to
any Tenant or Tenants or Occupier or Occupiers of any Land, as well
for ploughing, tilling, and manuring any of the Lands and Grounds
which shall be divided and allotted by virtue of this Act, for the Benefit
and Advantage accruing thereby to the Person or Persons to whom such
Lands and Grounds shall be allotted, as for any Löss or Disadvantage
whkh any such Tenant or Tenants, Occupier or Occupiers, shall or may
sustain by the Löss of their fallowing or way-going Crops upon the Lands
or Grounds by this Act directed to be divided and allotted ; and if in any
of the said Cases the Money to be paid for such Recompence and Satis-
faction shall not be paid at the Time and in the Manner to be appointed
as-
aforesaid by the said Commissioners, it shall be lawful for the said
Commissioners and they are hereby authorized and required to raise and
levy the same, for the Use of the Person or Persons entitled thereto, by
Such Ways and Means as the Costs, Charges, and Expences of obtaining
and executing this Act may be raised, levied, and recovered.
a
ent in
LVI. And be it further enacted, That the said Commissioners shall and Compensa-
they are hereby required, within Two Years next after the passing of this "on
bX
Act, to estimate and ascertain and distinguish the yearly Value of all the
1;°™^^,.'
Rectorial or Great Tithes, and of all Moduses, if any, in lieu
thereof,
which Tithes.
shall be yearly arising, issuing, and renewing out of and from all and
every the ancient
Messuages,
Cottages, and old inclosed Lands and Estates
in the said Parish of
Tardley,
and out of and from the Open and Common
ffelds,
Meadows, Commons, and Waste Grounds, and due and payabte to
[PrivateJ] c
Q
the
m 3°GÜLIELMI IV. CapA7.
tbe said Rector Impropriate of the said Parish of Tardley; m& Iriekfiatd
Com missioners shall and they are hereby required, in the* next place,
by and from the
London
Gazette,
or by such other Ways and Means as
they shall think equitable and proper, to ascertain what has been the
average Price of a Bushel (Imperial Measure) of good marketabJe
Wheat in
Birmingham
Market for the Period of Seven Years next before
the passing of this Act, and shall in and by their Award, or by some
previous Writing under their Hands to be annexed thereto, ascertain and
distinctly set forth what Quantity and how many Busheis of such Wheat
will in their Judgment be equal to the annual Value of the said Rectorial
Tithes and Moduses respectively ; and after such Valuation and Ascertain-
ment the said Commissioners shall and they are hereby required to
determine what Sum of Money will be equivalent to the Value of the
Quantity of Wheat so ascertained by them as aforesaid, and such Sum of
Money shall be charged by the said Commissioners upon all such ancient
Messuages, Cottages, and old inclosed Lands and Estates, and upon the
said Open and Common Fields, Meadows, Commons, and Waste Grounds,
to be set out and allotted or sold by virtue of this Act, and apportioned
by the said Commissioners between and amongst all and every the Pro-
prietors thereof in such Manner as the said Commissioners shall think
just and equitable; and such Sum of Money, when so charged and appor-
tioned shall be issuing out of the several ancient Messuages and Cottages,
and old inclosed Lands and Estates, and the several new Allotments to be
set out and allotted or sold by virtue of this Act, which shall be charged
therewith by the said Commissioners, and shall be paid and payable by the
Person or Persons who for the Time being shall be in the Occupation
thereof respectively to the Owners of the said Rectory Impropriate of
Tardley
forever (unless the satne shall be altered by the Ways and Means
herein-after mentioned and provided) by Two equal half-yearly Payments,
(that is to say) on the Twenty-fourth Day of June and the Twenty-fifth
l)ay of
December
in each and every Year, the first Payment whereof shall
be made on such of the said half-yearly Days as the said Commissioners
shall by such Award, or by such previous Writing under their Hands as
aforesaid, direct or appoint; and the said several Rents or apportioned
Sums
of Money herein-before made payable shall be and are hereby declared to
be in lieu and füll Satisfaction and Discharge of all and all Manner of
Rectorial Tithes, Moduses, Compositions, and other Payments in lieuof the
same, arising, growing, issuing out of, and payable in respect of the several
ancient Messuages, Cottages, and old inclosed Lands, Tenements, Here-
ditaments, and Estates, and new Allotments to be set out or sold and
allotted as aforesaid, whatsoever, in the said Parish of Tardley; and from
and after the Apportionment of the said Corn Rent as herein-before
provided, or at such other Time
as
the said Commissioners shall by Writing
under their Hands fix and appoint, all and all Manner of Rectorial Tithes,
Moduses, Compositions, and other Payments (if any) in lieu of the same,
in the said Parish of
Tardley,
shall cease, determine, and be for ever extin-
guished, but in the meantime the Owners of the said Rectory Impro-
priate for the Time being respectively shall be entitled to such Tithes as
he and they would have been entitled to if this Act had not been;
passed.
Männer
of LVII. Provided always, and be it further enacted, That it shall and may
re-asceriain- be lawful to and for the said Rector Impropriate for the Time' being of
3°GULIELMI IV. Cap.17. 387
the Said Parish of Tardley, or the Owner or Owners of the
Lands and 'ingtheValue
Estates out of which the said several Rents or Sums of Money so tobe ^hteCor"
ascertained as aforesaid are to issue, or the greatest Part in Value of such
Owners or Proprietors, by Writing under their respective Hands, to apply
at the first Quarter Sessions of the Peace to be holden in and for the said
County of
Worcester
next after the Feast of Saint Michael the Archangel
after the Expiration of Seven Years commencing from the Day on which
the first Payment of the said Com Rent shall become due, (Notice of such
intended Application being first given twice in the Month of August next
preceding such Application in Aris's Birmingham Gazette, or in some
other Newspaper usually circulated in the said Parish of Tardley, and also
affixed on the principal outer Door of the Church of Tardley aforesaid
Two Sundays immediately before Divine Service in the Month oi August
next preceding such Application,) to have Three Persons named or
appointed by the Justices then and there assembled to be Referees for
the Purpose of ascertaining, by means of the London Gazette, or by such
other Ways and Means as they shall think equitable and proper, the
average Price of an Imperial Bushel of good marketable Wheat in Birming-
ham Market for the Seven Years then last past; and the said Justices shall
and they are hereby required to appoint Three Persons, not interested in the
said Payments, as Referees; and such Three Referees, or any Two of them,
shall and they are hereby required to ascertain, by means of the London
Gazette, or by such other Ways and Means as they shall think equitable
and proper, the average Price of an Imperial Bushel of good marketable
"Wheat in Birmingham Market for the Seven Years then last past, and after
such Ascertainment shall make and deliver a Report
thereof,,
stating such
average Price, to the Court of Quarter Sessions to be holden in and for the
said County oi
Worcester
then next ensuing; and in case it shall by such
Report appear that such average Price of a Bushel of such Wheat is more
or less than the average Price thereof set forth in the said Award or such
previous Writing as aforesaid by the Value of Three-pence, then such
Sums of Money shall be increased or diminished in such Proportion as
shall be declared by Order of the said Court, and which Order such Court
is hereby authorized and empowered to make, and the same shall from
the quarterly Day of Payment preceding such Order continue issuing and
payable as aforesaid, out of the respective Lands and Estates within the
said Parish of Tardley charged therewith by the said Award or such
previous Writing as aforesaid, until such Sum of Money shall be again
altered by any subsequent Order of the said Quarter Sessions made upon
.such Application and in such Manner as herein-before mentioned, and so
from Time to Time at the End of Seven Years, to be computed as aforesaid,
for ever ; and the Parties are hereby respectively authorized to make such
further Application from Time to Time after the Expiration of every Term
of Seven Years, to be computed as aforesaid, for ever, in such and the like
Manner and Form as herein-before mentioned and directed with respect
to the said first Application; and the Costs, Charges, and Expences of
every such Application to the Court of Quarter Sessions, and of altering
and re-ascertaining such several yearly Rents or Sums as aforesaid, shall
be defrayed by the Person or Persons who shall give such Notice as afore-
said : Provided that if no such Application is or shall be made at the first
Quarter Sessions of the Peace respectively next after the Feast of Saint
Michael after the Expiration of eny such Term of Years, to be computed äs
aforesaid, then it shall not be lawful to make such Application tili the End
of
m$
For appor-
tioning the
Com Uent.
3°GULIELMI IV.
CapAI.
of Seven Years then next following, to be computed as aforesaldy
and
so
from Time to Time, as the Case may happen, at the Expiration of every
Term of Seven Years, to be computed as aforesaid; and the last Order so
made by and at any such Quarter Sessions of the Peace shall be binding
and conclusive upon all Parties interested therein, and continue in foree
until a further or other Order in that Behalf is made by such Quarter
Sessions.
LVIII. And for facilitating the Apportionment of the said several yearly
Rents or Sums, be it further enacted, That the said Commissioners shall
in a Schedule to their Award describe and specify the several Lands and
Estates which by their said Award shall be charged with such yearly
Rents or Sums, the Quantity thereof in Statute Measure, the yearly Rents
or Sums charged thereupon, the Rate by the Acre or otherwise by which
the same shall be charged with the said yearly Rents or Sums, and such
other Particulars as such Commissioners shall judge proper for facilitating
the Apportionment of the yearly Rents or Sums, and the Recovery
thereof;
and it shall be lawful for the respective Owners for the Time being of any
such Lands and Estates charged with the said yearly Rents or Sums, or
any of them, or any Part or Parts thereof respectively, and the Rector
Impropriateofthe said Parish of
Tardley iox
the Time being entitled to such
yearly Rents or
Sums,
by any Instrument or Writing to be by such Owners
and Rector Impropriate respectively signed, frc
-n
Time to Time to divide
and apportion all or any of the said yearly Rents or Sums, aad to declare
what Parts and Proportions thereof respectively shall in future be charged
severally upon any Part or Parts of the said Lands and Estates originally
charged with the said entire yearly Rents or Sums as aforesaid ; and after
every such Apportionment the yearly Rents or Sums so apportioned shall be
payable in such Parts and Proportions, and chargeable only upon such
Lands and Estates, as shall be specified in such Instrument of Apportion-
ment in that Behau; and every such Instrument of Apportionment,
or a Duplicate
thereof,
shall, within Three Calendar Months after the
Date
thereof,
be annexed to and inrolled with the Award of the said
Commissioners.
LIX. And be it further enacted, That the said Rector Impropriate of
the said Parish of
Tardley,
and his Successors, shall and may have and
exercise such and the same Powers and Remedies for racovering the said
yearly Rents or Sums of Money to be charged upon the said Lands and
Estates when in arrear, together with the Costs, Charges, and Expences of
the Recovery
thereof,
as by Common Law or Statute are provided and given
to Landlords for the Recovery of Rent in arrear onLease or Common Demise.
Deeds,
Wills,
LX. Provided always, and be it further enacted, That nothing in this
&c.
notto be ^ct contained shall extend to revoke, annul, make void, alter, vary, or
in anywise affect any Grant, Assurance, Limitation of Use or Uses,
Declaration of Trust, or any Deed or Will whatsoever, (except such
Leases and Agreements as are herein-before mentioned,) or to prejudice
any Person or Persons having any Right or Claim of Dower, Jointure,
Portion, Rent Charge, Annuity, Dcbt, Rent, Incumbrance, or other
Claim or Demand out of, from, or affecting any of the Lands or Orounds
hereby directed to be divided and ailotted, or any ofthe Messuages,
Lands, or Hereditaments which shall be exchanged or parted with in
7 pursuance
Power to re-
cover Com
Rent.
a°GULIELMI IV. Cap.17.
pursuance of this Act, but that as well the Lands allotted and exchanggd,
as the Hereditaments which shall be assigned in Partition, or in 'Comperr-
sation for any other Estate or Right, by virtue of this Act or the said
recited Acts, or either of them, shall, immediately after such Allotment,-
Exchange, Partition, or Assignment, remain and enure, and the several
Personsto whom thesame shall be allotted, assigned, or given in Exchange
or on Partition as aforesaid shall thenceforth stand and be seised and
possessed thereof respectively, to, for, and upon such and the same Uses,
Estates, Trusts, and Purposes respectively, and subject and liable
to.
such
and thesame Wills,Settlements, Limitations, and Remainders, Conditions,
Charges, and Incumbrances, in all respects, as the several Lands, Tene-
ments, and Hereditaments in respect whereof such Allotments, Exchanges,
Partitions, and Assignments shall have been made should or wöuld have
stood severally limited, settled, vested, or subject or liable to, or been held
by, in casethe same had not been allotted, exchanged, parted with, or
assigned as aforesaid, and this Act had not been passed, save and except
such Leases and Tenancies at Rack Rent as shall become void by virtue
of this Act, and except where any other of the Provisions of. this Act
are to the contrary, and subject nevertheless to all such Mortgages
and Sales as shall be made by Authority hereof or of the said first-
recited Act.
LXI. And be it further enacted, That when the Proprietor or Proprietors Separate Al-
of Lands or other Hereditaments which shall be inclosed, allotted, or ex- 'otme'ltsr
chänged by virtue of this Act shall hold their said respective Lands or other ^ ^f'
Hereditaments under different Titles and for different Estates, the said ferentTitles.
Commissioners shall, upon the Request of the said respective Proprietors
in Writing under their Hands, ascertain and distinguish the Lands or
other Hereditaments held for each of such Estates and under each of
such"
Titles respectively, and shall accordingly in their Award set out and?
distinguish distinct and several Allotments for such respective Lands and
other Hereditaments.
LXIL And whereas several Estates in the said Parish of
Tardley
are Copyholds
Copyhold of Inheritance, and liable to the Payment of Fines, Heriots, may bf en-
and Chief Rents to the Lord of the said Manor of
Tardley,
and several ^Td HeTiots
Freehold Estates are also subject to the Payment of Heriots and Chief Chief
Rents,'
Rents;
be it therefore enacted, That it shall and may be lawful to and
&c.
extin-
for the Owners and Proprietors of such Copyhold and Freehold Estates, gulshed.
whether Tenants in Tai! or for Life, Infants, Lunatics, Fernes Covert,
Husbands, Guardians, Trustees, Executors, or Administrators, at any
Time after the passing of this Act, and before the Execution of the
Award of the said Commissioners, to contract and agree with the Lord
of the said Manor for the Enfranchisement
thereof,
and for extinguishing
such Fines, Heriots, and Chief Rents, in order that such Copyhold
Estates may be held by the respective Owners or Proprietors thereof as
Freehold ; and the Lord of the said Manor is hereby authorized and em-
powered to contract and agree accordingly with such Owners or Pro-
prietors, although he may be seised of the said Manor for a less Interest
than an Estate of Inheritance in Fee Simple ; and the said Commissioners
in such Case shall and they are hereby required to ascertain and fix what
Sum of Money shall be paid as and for a füll and equivalent Satisfactiort,
and Kompensation for the Enfranchisement of the said Copyhold Estates».
{Private."] $ f and
3°GULIELMI IV. CapA7.
and for releasing and discharging the Freehold Estates from such Fines,,
Heriots, and Chief Rents; and the said Comrnissioners shall by thehi
Award specify every such Enfranchisement and Change of Tenure aa
aforesaid : Provided always, that if the Lord of the Manor for the Time
being shall have a less Interest than an Estate in Fee Simple, the severak
Purchase Monies to be paid for such Enfranchisements shall form One
aggregate Sum, and shall be applied in the Manner herein-after directed.
Persons
hav-
LXIII. And be it further enacted, That it shall be lawful for all Hus-
ing limited
banc]s
Guardians, Trustees, or Committees of any of the Owners or
raiseMoney" Proprietors of any of the Lands and Grounds to be by this Act divided
by Mortgage. and allotted, being under Coverture, Infants, Lunatics, Idiots, or Persons
beyond the Seas, or otherwise incapacitated, Tenants in Tail or for Life
only, or Trustees for charitable or other Uses, or any of them, by and
with the Consent of the said Comrnissioners testified by Writing under
their Hands and Seals, from Time to Time to charge the Lands and
Grounds which shall be assigned and allotted to them respectively by
virtue of this Act with any Sum or Sums of Money which the said Com-
rnissioners shall in their Discretion judge necessary for the Purpose o£
inclosing, fencing, and dividing his or their respective Allotments, and;
for defraying the Expences.of carrying this Act into execution, not exceed-:
ing Five Pounds for every Acre of such Lands and Grounds respectively,
and for securing the Repayment of such Sum and Sums of Money, with
Interest, to grant, mortgage, lease, or demise, or otherwise subject the
Lands and Grounds so to be assigned and allotted as aforesaid, or any
Part
thereof,
to such Person or Persons as shall advance or lend the
same respectively, his, her, or their respective Executors, Administrators*
and Assigns, for any Term or Number of Years; so as every such Gran%
Demise, Lease, or Mortgage be made with a Proviso or Condition to
cease and be void, or with an express Trust to be surrendered, when sucS
Sum and Sums of Money thereby to be secured, with the Interest thereofj
shall be fully paid and satisfied; and so as in every such Grant, Demise^
Lease, or Mortgage which shall be made by or on the Behalf of any
Person or Persons interested or entitled to any such mortgaged Premises
for the Term of his, her, or their natural Life or Lives, therebe contained
a Covenant to pay and keep down the Interest of the said Money to be
thereby secured during his, her, or their respective Life or Lives, in such
Manner as that no Person or Persons afterwards becoming possessed of
such Lands and Grounds shall be subject or liable to pay any further or
larger Arrear of Interest than for One Year preceding the Time when the
Title to such Possession shall accrue or commence ; arid every such Grant,
Mortgage, Lease, or Demise so to be made in pursuance of this Act shai
be good, valid, and effectual in the Law for the Purposes thereby
intended.
LXIV. Provided always, and be it further enacted, That when and
SQ
often as it may be necessary to charge any Lands or Tenements which
shall be allotted by virtue of the said first-recited Act or of this Act, and
which shall be or become Copyhold, with any Sum or Sums of Money by
way of Mortgage for paying and defraying any Share or Shares of the
Costs and Expences of inclosing and subdividing any Allotment or Allofc
ments to be made as aforesaid, then and in such Case such Copyhold
Lands and Premises shall be surrendered to the Use of such Person cre
Persons
390
WhereCopy-
holds are
charged with
Expences,
they may
be surren-
dered to the
Use of Per.
sons advanc-
ing the
Money.
3°GULIELMI IV.
Cap.YJ.
Persons who shall advance such Sum or Sums of Money, his,, her, or their
Heirs and Assigns, according to the Gustom 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 for the same, instead of being
mortgaged to such Person or Persons, his, her, or their Executors, Ad-
ministrators, or Assigns, for a Term of Years, as mentioned in this Act or
in the said first-recited Act: Provided always, that every such Surrender
made with a Proviso or Condition that the same shall be null and void
when the Sum or Sums of Money to be thereby secured, with the Interest
thereof,
shall be fully paid and satisfied.
LXV. And be it further enacted, That whenever any Sum of Money Application
is,
under the Provisions of the said first herein-before recited Act or this of
Momes
Act, to be paid for the Purchase, Exchange, or Enfranchisement of any chLe or Ex-
Lands, Tenements, or Hereditaments, or of any Timber or Wood change, it
growing thereon, which shall belong to any Body Politic, Corporate, amountin» to
or Collegiate, Ecclesiastical or Civil, Corporation Aggregate or Sole, 20w-
Tenant for Life or in Tail, or to any Feoffee in Trust, Executor,
Administrator, Husband, Guardian, Committee, or other Trustee, for or
on behalf of any Infant, Idiot, Lunatic, Feme Covert, or other Cestuique
Trust, or to any Person or Persons whose Lands, Tenements, or Here-
ditaments are limited in strict or other Settlement, or to any Person
under any other Disability or Incapacity whatsoever, and which Money
ought to be laid out in the Purchase of other Lands, Tenements, or
Hereditaments to be settled to the same Uses, it shall and may be lawful
to and for the said Commissioners, out of such Sums, to defray such Pro-
portion of the Expence of passing this Act, and of carrying the same
and the said recited Acts into execution, as shall (if any) be charged
upon any of the Lands, Tenements, or Hereditaments of the Person or
Persons, Body Politic, Corporate, or Collegiate, Ecclesiastical or Civil,
Corporation Aggregate or Sole, Tenant for Life or in Tail, Feoffee,
Executor, Administrator, Husband, Guardian, Committee, or Trustee in
possession of the Lands, Tenements, or Hereditaments so purchased,
exchanged, or enfranchised, or on which such Timber or Wood actually
grew, and also the Expence of any permanent Improvement, such as
building, subdividing, draining, or planting, and the like, which shall in
the Judgment of the said Commissioners be proper to be made, and shall
be made under their Direction, upon any Lands to be by virtue of this Act
allotted to such Person or Persons, Body Politic, Corporate, or Collegiate,
Ecclesiastical or Civil, Corporation Aggregate or Sole, Tenant for Life or
in Tail, Feoffee, Executor, Administrator, Husband, Guardian, Com-
mittee, or Trustee respectively; and in case the Surplus of such Money
shall amount to or exceed the Sum of Two hundred Pounds, the same
shall with all convenient Speed be paid into the Bank of England in the
Name and with the Privity of the Accountant General of the Court
of Exchequer at Westmimter^ to be placed to his Account there ex
parte the Commissioners for executing this Act, pursuant to the Method
prescribed by an Act passed in the First Year of the Reign of His late
Majesty King
George
the Fourth, intituled An Actfor the
better^
securing
i
G.
4.
c.
35.
Monies and Effects -paid into the Court of Exchequer at Westminster on
aecount of the Suitors of the said Court, and for the Appointment of an
Accountant General and Two Masters of the said Court, and for other
Purposes,
and the General Orders of the said Court, and without Fee or
Reward j
391
3° GULIELMI IV.
Cap.
17.
Reward; and shall, when so paid in, there remain until the same shall,
by Order of the said Court made upon a Petition to be preferred to the
said Court in a summary Way by the Person or Persons who would have
been entitled to the Rents and Profits of the said Lands, Tenements, or
Hereditaments, be applied either in the Purchase or Redemption of the
Land Tax, or in or towards the Payment or Discharge of any Debt or
Debts or other Incumbrances, afFecting the same Lands, Tenements, or
Hereditaments, or affecting other Lands, Tenements, or Hereditaments
Standing settled therewith to ihe same or the like Uses, Trusts, Intents,
or Purposes, as the said Court of Exchequer shall authorize to be pur-
chased or redeemed, or paid or discliarged, or such Part or Parts thereof
as shall be necessary; or until the same shall, upon the like Application,
in
a
summary Way, be laid out by Order of the said Court in the Purchase
of other Lands, Tenements, or Hereditaments, which shall be conveyed,
limited, and settled to, for, and upon such and the like Uses, Trusts,
Intents, and Purposes, and in the same Manner, as the afore-mentioned
Lands, Tenements, or Hereditaments stood limited, or such of them as
at the Time of making such Conveyance and Settlement shall be existing
undetermined and capable of taking effect; and in the meantime, and
until such Purchase shall be made, the said Money may, by Order of the
said Court, upon Application thereto, be invested by the said Accountant
General in his Name in the Purchase of Three Pounds per Centum
Consolidated or Three Pounds per
Centum
Reduced Bank Annuities, or
Government or Real Securities; and in the meantime, and until the said
Bank Annuities or Government or Real Securities shall be ordered by the
said Court to be sold for the Purposes aforesaid, the Dividends and annual
Produce of the said Consolidated or Reduced Bank Annuities, or Govern-
ment or Real Securities, shall from Time to Time be paid, by Order of
the said Court, to the Person or Persons who would for the Time being
have been entitled to the Rents and Profits of such Lands, Tenements,
or Hereditaments so to be purchased, conveyed, and settled.
LXVI. And be it further enacted, That in case the Surplus of such
Money shall be less than the Sum of Two hundred Pounds, and shall
exceed or amount to the Sum of Twenty Pounds, then and in all such
Cases the same shall, at the Option of the Person or Persons for the
Time being entitled to the Rents and Profits of the Lands, Tenements,
and Hereditaments so purchased or exchanged or enfranchised, or of
his,
her, or their Guardian or Guardians, Committee or Committees, in
case of Infancy, Idiotcy, Lunacy, or other Incapacity, with the Approba-
tion of the said Commissioners, to be signified in Writing under their
Hands, be paid into the Bank of
England
in the Name and with the
Privity of the Accountant General of the said Court of Exchequer, and
be placed to his Account as aforesaid, in order to be applied in manner
herein-before directed ; or otherwise the same may be paid, at the like
Option and with the like Approbation, to Two Trustees, to be nominated
by the Person or Persons who for the Time being would be entitled
to the Rents and Profits of the said Lands, Tenements, or Hereditaments,
such Nomination to be approved by the said Commissioners, and such
Nomination and Approbation to be signified in Writing under the
Hands of the nominating and approving Parties; and the Money so paid
to such Trustees, and the Dividends and Produce arising thereon and
therefrom, shall be by them applied in like Manner as is herein-before
4 directed
3°GULIELMI IV.
Cap.lT.
393
directed with respect to the Money to be paid into the Bank in the
Name of the Accountant General of the Court of Exchequer, but without
obtaining or being required to obtain any Order of the said Court touching
the Application
thereof.
LXVII. And be it further enacted, That in case the Surplus of such When under
Money shall be less than Twenty Pounds, then and in all such Cases 20'*
the same shall be paid to the Person or Persons who would for the
Time being have been entitled to the Rents and Profits of the Lands,
Tenements, or Hereditaments so purchased or exchanged, for his, her,
or their own Use and Benefit; or in case of Infancy, Idiotcy, Lunacy, or
other Incapacity, then such Money shall be paid to his, her, or their
Guardian or Guardians, Committee or Committees, Trustee or Trustees,
to and for the Use and Benefit of such Person or Persons respectively
entitled thereto.
LXVIII. And be it further enacted, That as soon as conveniently may Award to be
be after the said Division and Allotment and Säle shall be completed, theade.^
said Commissioners shall draw up and execute an Award, which, together
with a proper Map or Plan thereto annexed, shall within Ten Days after
the Execution thereof be delivered to the Clerk of the Peace for the
County of fforcester, who is hereby required to deposit and keep the
same among the Records of the said County, for the Reception whereof the
Fee of One Pound and One Shilling, and no more, shall be paid, and for
the Inspection and Perusal whereof the Sum of One Shilling, and no
more, shall be paid ; and the said Award shall, from and after the Delivery
thereof to the said Clerk of the Peace, be deemed and taken to be enrolled
within the Intent and Meaning of the said first-recited Act; and a Duplicate
of the said Award and of the said Map or Plan, signed by the said Com-
missioners, shall within the Time aforesaid be deposited in the Parish
Church of Tardley aforesaid, and there kept in a proper Box to be pro-
vided for that Purpose; and the said Award, and the Duplicate
thereof,
and any Copy or Extract of the said Award or Duplicate
thereof,
or of
any Part or Parts thereof respectively, duly proved on Oath, shall from
Time to Time and at all Times thereafter be admitted and allowed as legal
Evidence of the Matters and Things therein contained in all Courts what-
soever ; and for all Copies or Extracts made by the Clerk of the Peace for
the Time being, or his Deputy, the Clerk of the Peace shall receive after
the Rate of Sixpence for every One hundred Words, and no more.
LXIX. And be it further enacted, That once at least in every Three Accounts to
Calendar Months during the Execution of this Act, to be computed from aualted-
the Time of passing
thereof,
the said Commissioners shall and they are
hereby required to make a true and just Statement and Account of all the
Sums of Money by them received and expended or applied in the Execu-
tion of this Act, and in such Statement or Account shall be particularly
stated and specified the several Items and Articles for which each par-
ticular Sum has been paid and disbursed ; and such Statement or Account,
when so made, together with the Vouchers relating thereto, shall once at
least in every Three Calendar Months be by them laid before One of His
Majesty's Justices of the Peace for the County of
Worcester,
not interested
in the said Inclosure, to be by him examined and balanced, and such
Balance shall be stated in the Book of Accounts to be kept in the Office
{Private.'] s gh of
394 3°GULIELMI IV. CapAl.
of the Person acting as Clerk to the said Commissioners; and an Abstract
of such Account shall within Fourteen Days after the same shall have
been so examined and balanced be published in Aris's Birmingham
Gazette^ or in some other Newspaper circulated in the said Parish of
Tardley; and no Charge or Item in such Accounts shall be binding on
the Parties concerned, or valid in Law, unless the same shall have been
allowed by such Justice, and until such Account or the Abstract thereof
shall have been so published as aforesaid, subject nevertheless to the
Power of Appeal herein-after contained.
Monies ad- LXX. And be it further enacted, That all Monies which have been or
vanced
to be
may ^e advanced and paid for the Purpose of applying for and obtaining this
Imerest*1 -^ct' or which
after
tne passing of this Act shall have been advanced or lent
to the said Commissioners for carrying the same into execution, shall be
repaid, with Interest after the Rate of Five Pounds per
Centum
per Annum,
to the Person or Persons who shall have advanced the same, his, her,
or their Executors or Administrators, out of the first Monies to be raised
for defraying the Expences of obtaining and executing this Act.
Power of LXXI. And be it further enacted, That if any Person or Persons shall
ppea ' think
himself,
herseif,
or themselves aggrieved by any thing done in pur-
suance of the said recited Acts or this Act, (other than and except such
Claims, Matters, and Things as are herein-before directed or authorized
to be ascertained, settled, tried, or determined by any Issue at Law, or
where by any of the Provisions of the said recited Acts or of this Act
the Determinations, Acts, or Proceedings of the said Commissioners are
directed to be final or conclusive,) he, she, or they may appeal to any
General or Quarter Sessions of the Peace which shall be holden for the
said County of Worcester within Four Calendar Months next after the
Cause of Complaint shall have arisen, on giving to the said Commis-
sioners, and to the Party or Parties concerned, Ten Days Notice in
Writing of such Appeal and the Matter
thereof,
except with respect to the
Accounts of the Commissioners, which, notwithstanding the same shall
have been examined and balanced as aforesaid, may be appealed against
at any Time within Six Calendar Months after the Delivery of the Award
to the Clerk of the Peace for the County of Worcester in manner afore-
said, on giving to the said Commissioners such Notice as last aforesaid; and
the Justices (not interested in the Premises) at the said General or Quarter
Sessions are hereby required to hear and determine the Matter of every
such Appeal, and to make such Order and award such Costs as to them
in their Discretion shall seem reasonable, and by their Order or Warrant
to levy the Costs which shall be so awarded by Distress and Säle of
the Goodsand Chatteis of the Party or Parties liable to pay the same, ren-
dering the Overplus (if any) to the Owner or Owners of such Goods and
Chatteis, after deducting the reasonable Charges of such Warrant of
Distress and Säle ; and the Determination of the said Justices shall be final
and conclusive to all Parties concerned, and shall not be removedby Cer-
tiorari, or any other Writ or Process whatsoever, into any of His Majesty's
Courts of Record at
JVestminster
or elsewhere ; but in case such Appeal
shall appear to the said Justices to be frivolous, vexatious, or without
Foundation, then the said Justices shall award such Costs to be paid by
the Appellant or Appellants as to them in their Discretion shall seem
reasonable, and to be levied in manner aforesaid.
LXXII. Saving
3°GÜLIELMI IV. Cap.n\ 395
LXXII. Saving always to the King's most Excellent Majesty, flis General
Heirs and Successors, and to all and every Persons and Person, Bodies
SavlnS-
Politic, Corporate, and Collegiate, his, her, and their Heirs, Successors,
Executors, and Administrators, all such Right, Title, Estate and Interest,
Claim and Demand (other than and except such as are expressly barred
and compensated for, or intended to be barred and compensated for and
extinguished by this Act,) as they, every or any of them could or might
have had, held, and enjoyed of, in, to, or out of the Open and Com-
mon Fields, Commons, and Waste Grounds hereby authorized to be
divided, allotted, and inclosed, or sold, or any Part
thereof,
in case this
Act had not been passed.
LXXIII. And be it further enacted, That this Act shall be printed by Act
to
be
the several Printers to the King's most Excellent Majesty duly authorized1D^- °.y
to print the Statutes of
the
United Kingdom ; and a Copy thereof so printed printersT
by any of them shall be admitted as Evidence thereof by all ludges,
Justices, and others.
396
3°GULIELMI
IV.
CapM,
The
SCHEDULE
to
which this
Act
refers.
Lands,
the
Property
of
John Taylor Esquire,
in the
Occupation
of Abraham
Heath,
to be
allowed
to the Vicar
as
Part
of
his
AUotment
in
lieu
of
Tithes.
Names
of
Fields.
House, Offices, Yard, Garden,
&c.
Foredrove
- - -
Barn Croft
OldOrchard
-
Foggy Furlong
- -
Hilly Leasow
- -
Moat Leasow
-
Round Leasow
Seven
Day
Work
Stocking
...
Buttermill Meadow
Big Meadow
Moor
- -
Lower Four
Day
Work
Glascotte Close
Six
Day
Work
Eight Day Work
Brook Leasow
- -
Barn Close
-
Stichford Croft
Over Croft
...
Barn
and
Foredrove
Bromwich Croft
Upper Four Day Work
Fish Pool Piece
White Croft
-
DOLES
IN
WOOD MEADOW.
Mouse Park
-
Dole
Ditto
-
Ditto
Ditto
Ditto
OPEN FIELD LAND.
IN
STICHFORD FIELD.
Acre Fiat
- - -
Long Land
-
Three Lands
...
Ditto
....
Wheatley Fiat
IN
CHUECH FIELD.
One Land
- -
Gwelly Fiat
Three Lands
One Land
- -
Ditto
-
Two Lands
Eider Fiat
.
}
.
-
-
-
-
.
-
.
.
_
.
»
.
.
_
_
-
_
.
.
-
-
-
_
.
.
.
.
_
-
_
-
-
.
.
.
.
-
-
-
Description
of
Land.
.
Pasture,
in one
Arable
Ditto
Ditto
-
Pasture
Arable
Ditto
Ditto
Meadow
Ditto
Arable
Ditto
Ditto
-
Ditto
Ditto
Ditto
Ditto
-
Ditto
Ditto
Pasture
and
Barn
Arable
-
Ditto
Ditto
Ditto
Meadow
Ditto
Ditto
Ditto
-
Ditto
Ditto
-
Arable
-
Ditto
Ditto
-
Ditto
Ditto
-
Arable
Ditto
Ditto
-
Ditto
Ditto
-
Ditto
-
Ditto
Total Quantity
-
{
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
"
>
-
-
-
-
.
.
.
.
.
.
.
.
Quantities.
A.
R. r.
2
0 21
0
0 32
1
2 10
8
3 23
6
2 8
6
2 21
6
1 24
5
1 12
6
0 34
3
0 24
1
3 34
15
3 36
6
2 32
3
1 13
7
1 29
6
0 9
7
3 29
7
0 16
10
0 18
1
2 6
1
3 34
0
2 38
3
3 2
5
0 2
7
1 24
2
3 18
0
1 23
0
1 27
0
2 15
1
3 30
0
2 18
0
3 24
1
0 29
0
3 25
0
1 24
0
2 20
4
2 12
0
1 1
0
3 9
0
1 33
0
1 16
0
1 13
0
3 26
0
2 20
-
total
Quantities.
A.
R. F.
136
3 22
'
W V
*i*#
4
3 17
7
2 30
-
3 2 38
153
0 27
LONDON: Printed by
GEORGE
EYRE
and
ANDREW
SPOTTISWOODE,
Printers to the King's most Excellent Majesty. 1833.

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