Award by a Commissioner under an Inclosure Act. Oath required by the General Inclosure Act. out. exchanges be ascertained specified and decld in and by the No. CCXVII. award of me the sd (commissioner) and made with the consent of the owner or owners of the lands tents or heredts which shd be so exchanged such consent to be testified as therein mentd And that all and evy such exchanges so to be made shd be valid and effectual in law to all intents and purps whatsr And whas by the General Act It is amongst or. things enacted That no psn shd be capable of acting as a commr in the exon of any of the powers to be given by any act thereafter to be passed for dividing or allotting or inclosing any lds or grds except the power of giving notice of the first meeting and administering the oath thinaftr directed until he (or they) shd have taken such oath which oath it shd be lful for any one of the justices of the peace for the sd county within which the sd lds or grds shd be situated to administer And that the sd oath shd be annexed to and inrolled with the sd award And that such commissioner Roads to be set in the first place before he proceeded to make any of the divisions or allotments directed to be made by the sd Act or any such Act should set out and appt the public carriage roads and highways through and upon the lds and grds intended to be divided allotted and inclosed and to divert turn and stop up any of the roads and tracks upon and over any of the sd lds and grds as he shd judge necessy subject nevss to such examination of the sd roads and highways as is required by the sd Act or Acts and that the sd commr shd thby be empowered and required to set out and apart such private roads bridleways footways ditches drains water-courses watering-places quarries bridges gates &c. in over upon and through or by the sides of the allotments to be made and set out in pursuance of such Act as he shd think requisite giving such notice and subject to such examination as in the same Acts is required And that the same shd for ever thraftr be supported and kept in repair by and at the expe of the owners and proprietors for the time being of the lds and grds directed to be divided and inclosed in such shares and proportions as the commr or commrs shd in and by his or their award order and direct And whas by the sd General To make an Inclosure Act It is amongst or. things furr enacted That as soon writing. as convenient might be after the division and allotment of the sd lds and grds shd be finished pursuant to the purport and award in No. CCXVII. dirons thof or of any such Act the sd commr or commrs shd Award by a under an Inclosure Act. Commissioner form draw up or cause to be formed and drawn up an award in Writing which shd express the quantity of acres and roods contd in the sd lds and grds and the quantity of each and evy pt thof which shd be allotted assd and exchanged and the situations and descriptions of the same resply and shd also contain a description of the roads ways footpaths watercourses &c. set out and apptd by the sd commr or commrs resply as afd and all such or. rules orders agrts regulations dirons and determinations as the sd commr or commrs shd think necessy proper or beneficial to the pties which sd award shd be fairly engrossed or written on parchment and shd be read and exted by the sd commr or commrs in the presence of the proprietors who might be present at a general special meeting called for that purpe conformably to such notice as therein is prescribed And also that he or they the sd commr or commrs if he or they shd think it necessy shd form or draw or cause to be formed or drawn on parchment or vellum such maps or plans of the lds or grds the better to describe the sevl new allotments or divisions and preses that shd be exchanged and express the same quantity in each allotment to the respive proprietors which sd maps and plans shd be annexed to and inrolled with the sd award And whas I the sd (commissioner) named in the first herein recited Act did cause due notices to be given of the time and place of my first and evy or. meeting for the exon of the sd Acts but before I entered upon the exon of any of the powers and authties given to and invested in me in and by the sd in pt recited Acts of Parlt [except as befe mentd] I did on the day of in the year of Notices given by a commis sioner. Oath taken. at in the sd county take and subscribe before one of her Maj.'s justices of the peace acting in the sd county the oath by the sd Gen. Incl. Act directed and hereunto annexed And whas I the sd (C.) at my first and subsequent meetings in pursuance and exercise of the power and authty given to and vested in me by the sd recited Acts and each of them did rece the claims of the proprietors and or. psns interested in the sd common fields commonable lds commons and waste grds by the sd first herein recited Act directed to be inclosed and such rights or claims as were objected to I did examine into hear and determine the same And I the sd (C.) having appointed actual Award by a Commissioner under an Inclo sure Act. surveys and admeasurements of all the open fields commonable No. CCXVII. lds commons and waste grds the value and quantity of which it was necessy to ascertain for the purpe of the same Acts or either of them and of the maps and plans resply made drawn and verified by the sd (surveyor) and subscribed before me and hereunto also annexed accordg to the dirons as in the sd Acts contd And being now well satisfied as to the sevl and respive limits and boundaries of all the sd open common fields commonable lds commons and waste grds so far as the same were necssy to be ascertained for the purps of the sd Acts and having examined into all encroachments [except as in the first herein recited Act is excepted] and inclosures suggested to me to have been taken or made from any pt of the sd lds or grds thby directed to be divided and inclosed And having heard and examined the proofs and allegations concerning the same and having duly considered the quantity and quality and situation of all the sd open fields commonable lds commons and waste grds And also the rights shares and ints of the sd sevl proprietors and or. psns interested therein respecting which he she or they was or were intitled And having also considered the sales and exchanges of the sd lds tents and heredts hnbefe mentd and intended to be hby effectuated with the consent and approbation in writing of the sevl and respive pties making the same And having duly and well considered as well all the public carriage roads and highways private roads bridle-ways footways ditches drains watercourses watering places quarries hedges gates stiles mounds fences banks bounds and boundaries and landmarks which I have judged necessy and requisite to be set out and appointed in over upon and through the sd open common fields commonable lds common and waste grounds directed to be inclosed as afd as also all and evy or. the matters circumstances and things referred to my award arbitration judgment and determination in and by the sd in pt recited Acts of Parlt or either of them Now Know ye That I the sd (C.) on the day of the Award. date of these prests in pursuance of and by virtue and in exercise of the sevl powers and authties to me given and in me vested in and by the same Acts of Parlt or either of them and of all and evy or. power and authty in anywise enabling me in this behalf make publish and declare this my final award order and arbi Award by a Commissioner under an Inclosure Act. Roads. No. CCXVII. trament and determination touching the preses in manner and form following that is to say That the sd open fields commonable lds and waste grds by the first in pt recited Act directed to be set out divided and allotted by me as afd do contain in the whole in statute measure accordg to the sd survey delivered by the sd (surveyor) upon oath as afd [including the carriage roads highways bridleways footways and private roads hinaftr described] acres &c. And I the sd (C.) have set out and apptd and do hby award the followg public carriage roads highway and foot roads and private roads which I have adjudged and do hby adjudge necessy to be hraftr resply reserved in over and through the sd lds directed to be inclosed as afd and of which public notice hath been given subject to appeal and examination in manner required by the sd Gen. Incl. Act that is to say (here describe the several roads drains &c. and by whom they are to be maintained and kept up and repaired) And I the sd (C.) in pursuance of and in furr exon of the powers and authties so vested in me by the sd in pt recited Acts as afd have set out divided allotted and do set out &c. All the residue of the sd open fields commonable lds commons and waste grds into and amongst the respive psns hnaftr named their sevl and respive hrs in sevlty in the sevl and respive allotments pces and pels of lds marked and corresponding with certain numbers in Roman characters on the sd plans hereunto annexed and containing by the survey and admeasurement thof by the sd surveyor as afd in statute measure the sevl and respive quantities following be the same more or less and also sevlly and resply abutted and bounded in the manner hnaftr described that is to say I have assigned set out and allotted and do hby award unto the sd To lord of ma- (Lord of the Manor) Lord of the Manor of &c. (here describe the manorial allotments) And I have assigned &c. unto the sd (Rector) rector of the sd parish &c. (here describe the tithe To proprietors. allotments) And lastly I have set out divided and allotted and do &c. all the residue of &c. to and amongst the sevl proprietors &c. in manner following (here describe the several allotments to the owners) And whas the following exchange of lds tents and heredts has been mutually agreed upon and made betn the sevl and respive pties hnaftr named that is to say N. P. and K. L. have mutually agrd to make an exchange of the respive lds next Allotments. nor. To rector. Recital of an exchange. hnaftr described namely of a certain close or pcl of grd called acres &c. for a certain close or pel containing and containing acres of ancient inclosed ld situate in pties have requested me to set out allot and award the same described] All that the sd close called day of in the yr of SECT. 1. By the 1 & 2 W. 4, c. 56, s. 12, it is provided, that in Fiat of banklieu of a commission of bankruptcy under the great seal, as by the ruptcy. old law, a fiat shall issue under the hand of the Lord Chancellor, or the Master of the Rolls, Vice-Chancellor, or any of the Masters of the Court of Chancery (acting under any appointment of the Lord VOL. I. G G |