Proprietors may erect gates to preferve fences. Allotments ther, or as near as conveniently may be. And whereas great hurt and damage may happen unto the planting and fetting quick-wood or any other wood, for the fencing in any part or parcel of the said new inclofure, by fheep or cattle going in any of the lanes or roads which are to be left by inclofing the faid commons or common fields; Therefore be it enaded, by the authority aforesaid, that any proprietor or owner of any of the faid new inclofure, fhall have full liberty for and during the term of feven years from and after the faid day of, &c. to erect and fet up any gate or gates across any part or parts of the roads or lanes against his or their lands, for keeping out theep and cattle, to prevent their deftroying any quick-wood, or other wood or fence, which fhall be planted for inclofing any part or parcel of the faid commons or common fields as aforefaid; they the faid proprietors of the lands difclaiming all right or property to and in the faid lands bounded by the gates to be erected and fet up. And whereas it is requifite some convenient time fhould be fixed for the propriwhen to be acetors to accept of their allotments or fhares, which fhall be made by cepted. the commiffioners appointed by this act in manner above-mentioned; Be it enacted by the authority aforefaid, that the faid commiffioners or the furvivors of them, or any five or more of them, fhall within fix kalendar months after fuch time as they fhall have admeasured the faid commons and common fields, and declared the number of acres contained therein, divide and affign unto and amongst the said several proprietors of the faid commons and common fields, their respective allotments and fhares; which feveral allotments or fhares the faid proprietors fhall accept, have, hold and enjoy as aforefaid, and fhall fence and inclofe the fame in fuch manner, and in fuch time, as the faid commiffioners, or the furvivors of them, or any five or more of them, fhall direct or appoint; and if any difference fhall arife touching the fowing, laying down, accepting or inclofing the faid refpective fhares, or touching any allowance or fatisfaction to be made for the growing of corn, or for manure, or concerning any intereft of the faid proprietors, the faid commiffioners, or any five or more of them, fhall have full power and authority, and are hereby impowered and authorized to hear and finally determine the fame. Provided always, and guardians of be it further enacted, that the executors, guardians, or trustees of any perfon or perfons under age, or otherwife incapable by law to accept of fuch allotments as fhall be made by the faid commiffioners, are hereby enabled and required to accept thereof, for the use of such perfon or perfons, as if the faid perfons had been of age, or capable of acting for themselves. And be it further enacted by the authority aforefaid, that the faid commiffioners appointed by this act, or any five or more of them, fhall lay out, affign, and allot (in fuch place or places of the faid commons and common fields fo to be inclofed as aforefaid) as they hall judge moft proper, fit and convenient roads and pallages, for all perfons and carriages paffing through the fame; which roads and paffages fhall not be less than 20 fect of afize in breadth, to the end two carts and carriages may pafs and repafs therein at one and the fame time. And be it further enaded by the authority aforefaid, that the faid commiffioners, or any five or more of them, thall afcertain and appoint the public and private high Differences, how ended. Executors or infants may accept allotment. Roads how made, &c. ways ways or roads already made or to be made on the faid commons, common fields, or new inclosure, (with the affize or breadth of each of them refpectively, fo that the breadth of the faid public roads fhall remain 30 feet wide, and the other roads 20 feet wide at least) under their hands and feals; the fame to be inrolled at the faid general quarter-feffions. And that it fhall not be lawful for any perfon or perfons hereafter to ufe any other ways or roads over the new inclosure, either on foot or with any horfe, mule or afs, or with any coach, calafh, chariot or chaife, or with any waggon, cart or other carriage, but fuch highways or roads as the faid commiffioners shall fo afcertain and appoint as aforefaid. Provided nevertheless, that nothing in this act contained fhall be conftrued, deemed or taken to impower or give liberty to the faid commiffioners, or any of them, to top or turn any of the prefent high roads leading over the faid commons or common fields, or to appoint how or by whom the fame, or any of them, fhall be repaired; but that the fame fhall from time to time be amended and repaired by fuch perfons as fhall be interested in the faid commons, common fields, or new inclofure, in proportion to their respective fhares or interefts therein. Provided always, and it Tithes. is berely declared and enacted, that the faid rector of the parish church of S. and his fucceffors, fhall at all times hereafter have, receive and take all fuch or the like tithes yearly iffuing or arifing from or out of any of the lands agreed and hereby enacted to be inclofed as aforefaid, as the faid rector is now intitled to have, receive and take from or out of any lands, within the faid parifh; and that an allotment fhall be made to and for the use and benefit of the faid rector and his fucceffors, in refpect of the glebe-land belonging to the faid rector, and his right of common in refpect thereof, in like manner as other allotments are hereby directed and enacted to be made to the other proprietors of lands within the faid parifh as aforefaid. And it it here- Newcommiffi by further enacted by the authority aforefaid, that upon the death of oners, how to any of the commiffioners, or of any new commiffioners to be be appointed. pointed in their ftead, the perfons who for the time being fhall be interested in the faid commons, common fields, or new inclofure, or the major part of them in number and value, fhall from time to time, within two months after the death of any commiffioner or commiffioners, by writing under their hands and feals, appoint one or more new commiffioner or commiffioners, not interested in the faid commons, common fields, or new inclofures, in the room or flead of every commiffioner dying as aforefaid; which commiffioner or commiffioners fo to be appointed, fhall have the like powers and authorities, by virtue of this act, as the commiffioners in whofe places they fhall fucceed in were feverally velled with; provided the furviving commiflioners, or the major part of them, fhall from time to time give public notice in the parish church of S. aforefaid, of the time and place of every fuch meeting, for the appointment of any new commiffioner, at least ten days before the fame: every of which appointment of any new commiffioner or commiffioners fhall be inrolled at the faid quarterfeflions, within three kalendar months next after the making of fuch Notice of appointment, Provided always, that the faid commiffioners, or the commiflioners furvivors of them, or any five or more of them, fhall and are hereby meeting. bliged to give notice in the faid parish church of S. of the time and 02 ap place place of every meeting of the faid commiffioners for the execution of all or any of the powers hereby vested in them, and of the business to be done at fuch meeting, at least ten days before the fame meetings This act not refpectively. Provided always, and be it further enacted, by the autho to revoke any rity aforefaid, that this act, or any thing herein contained, fhall not deed, &c. extend, or be conftrued, deemed, adjudged or taken, to revoke, make void, or in any wife alter any deed or deeds, fettlement or fettlements, limitation or limitations whatfoever; but that each and every proprietor fhall ftand and be feifed of the faid allotments or shares fo to be affigned to and accepted of by him or them, to the fame use and ufes, and fubject to the fame limitations, eftates, trufts and interefts, as he or they did of the respective parts and fhares which they enjoyed before the taking of this act, and in lieu whereof fuch allotments are made; any thing herein contained to the contrary thereof in any wife notwithstanding; Saving to the king's moft excellent majefty, his heirs and fucceffors, and to all and every perfon and perfons, bodies politic and corporate, his, her and their heirs and fucceffors, executors and adminiftrators refpectively, (other than and except the faid Sir 7. S. 7. P. and the faid other proprietors of the faid commons, and common fields, their heirs, fucceffors, executors and adminiftrators,) all fuch eftate, right, title and intereft, as, they, or any, or either of them, had or might have had, if this act had never been made; Saving alfo to the right honourable M. earl of A his heirs and affigns, all fuch royalties, eftate, right, title and intereft, in, to and out of all fingular the premiffes by this act intended to be inclofed, as he or they had, or might have had, in cafe this act had not been made. Saving, &c. Recital, SIXTHLY, To confirm Deeds, Wills, Estates, &c. Au A& for Confirming and Establishing the Partitions made between W. P. Efq; (fince deceased) and the Honourable C. E. Efq; and others, of feveral Manors and Lands in the Counties of S. K. and S. and to endble W. and S. P. Infants, to make Partition of Lands in other Counties, and to fell the fame, and purchase other Lands to be fettled to the fame Ufes; and for redifying a Miftake in the Marriage-Settlement of W.Q. Efq. Wed, ed, who was the furviving daughter and heir of P. late vifcount B. the younger, deceafed, who was the only fon and heir of P. late viscount B. the elder, deceafed, was in her life-time feifed in S. K. 7. E. G. fee-fimple of and in divers freehold manors, &c. in the counties of 4. and L. that lands in defcended to C. late lady S. K. T. E. G. and H. and in the city of L. and in or aboút, &c. died thereof fo feifed, without iffue; and the reverfion thereof expectant on the death of the right honourable 4. late earl of 0. deceased, who was thereof tenant for life, and died in or about the year, &c. defcended and came to her four aunts; that is to fay, C. late wife of H. on death of lady N. one PW. Ginti the faid one is claimed by H. lord N. afterwards marquis of D. deceased, A. late viscountefs B. N. A. late vifdeceased, M. late countefs of A. deceased, and E. late wife of the counters B &c. right honourable F. lord D. and afterwards created countess of S. and alfo deceased. And whereas by the death of the faid C. late lady N. fouth deher right, title and intereft of, in and to one fourth part of the faid fcended to her premiffes defcended and came to and between her two daughters, 4. daughters lady lady R. deceased, and the lady G.P. deceased, that is to fay, to each of and lad G. them a moiety of the faid fourth part : And whereas W.Q. of, &c. efq; is titled to one intitled unto the faid whole eighth part of the faid lady R. of, in and to eighth of lady the faid manors, meffuages, lands, tenements, hereditaments and ad- R.'s part. Towfons in the faid county of S. And whereas J. R. of, &c. efq; lately 7. R. intitled deceased, did claim the said whole eighth part of the faid lady P. of, in to the other one and to the faid manors, lands and premiffes in the faid counties of K. eighth of her and S. And whereas W. P. of, &c. efq; lately deceased, did claim the part. faid whole eighth part belonging to the faid lady G. P. of and in the W. P. claimed faid manors, &c. and did convey all his right therein to the honourable eighth belongH. P. of, &c. efq; and R. B. of, &c. efq; on certain trufts; and the ing to lady G. faid eighth part belonging to the faid lady G. P. is alfo claimed by the P. and which honourable 7. M. and G. M. efqrs. and their claim to that eighth part 1 M. and G. is now profecuted by them, by a bill in the high court of Chancery: M.etors. And whereas by the death of the faid A. late vifcountess B. deceased, her right, title and intereft of, in and to one other fourth part of the One fourth befaid manors, &c. whereof the faid late countefs of 0. died feifed as longing to the aforelaid, defcended and came to and amongft her four daughters, that countess of O. is to fay, the honourable E. the wife of the honourable C. E. of, &c. defcends to her daughters. efq; and the honourable A. P. of W. widow, the honourable dame 7. B. of P. near W. widow, and the honourable dame M. B. of the city and county of the city of C. widow, mother of Sir R. B. of the H. in the county of L. baronet; that is to say, to each of them a fourth part of the faid fourth part; which undivided share of the said A. P. is now fettled upon her the faid A. P. for her life, and afterwards upon the fons of the faid W. P. fucceffively, in tail male, who are two, W. and S. infants, under the age of one and twenty years; with a remainder to the heirs of the body of the faid A. remainder to her own right heirs; and the faid undivided fhare of the faid dame M. B. is claimed and enjoyed by the faid Sir R. B. And whereas the faid W. 2 is 2, intitled alfo intitled unto the fourth part of the faid manors, &c. in the faid to one fourth, county of S. whereof the faid late countess of O. died feifed as aforefaid, whereof the belonging to the faid late countess of A. all which faid undivided fhare late countess of or parts of him the faid W. Q were fettled upon his marriage with B. his now wife, daughter of M. R. of C. in the county of S. efq; And whereas A. A. of L. widow, is intitled unto the faid fourth part 4. A. intitled of the said manors, &c. in the faid county of S. whereof the faid to one fourth. late countefs of O. died feised as aforefaid, belonging to the faid late countess of S. And whereas the two remaining fourth parts of the faid Remaining manors and premiffes in the faid counties of K. and S. whereof the fourth part faid late countefs of 0. died feifed as aforefaid, belonging to the faid claimed by late countefs of A. and the faid late countefs of S. are claimed by the K. P. G. and faid J. R. R. K. of, &c. efq; and P. G. of, &c. Dr. in phyfic, and E. his wife. E. his wife; And whereas by indenture Odopartite, bearing date, &c. Recital of between the faid W. 2. of the first part, the faid W. P. (fince de- deed of partiticeafed) of the fecond part, the faid C. E. and E. his wife, the faid A. on by lots. P. O. died feifed. faid 7. R. R. The lots dawn and delivered. Deed of exchange. And it is P. the faid dame F. B. and Sir R. B. of the third part, the faid A. A. |