Whereas there are several Open and Common Fields, Meadows, Pastures, and other Commonable Places within the Township of Whitgreave, within the Parish of Saint Mary, in the Borough of Stafford,
in the County of Stafford, which are reputed to contain One thousand and Eighty-seven Acres of Land, and upwards, including several small Closes or Parcels of Land, lying dispersedly within the said Open or Common Fields, and originally inclosed therefrom; all which said Open or Common Fields, Meadows, Pastures, Commonable Places, and other Lands or Grounds, within the said Township, are free and exempt from Tythes, upon Payment of certain customary Payments in lieu thereof, to which Payments the Mayor and Burgesses of the Corporation of Stafford, for the Time being, the Reverend Thomas Nicolls, Clerk, and John Crewe, Esquire, are respectively intitled.
And whereas the said Thomas Nicolls is seised, ( that the Rev. Thomas nicolls is Lord of the manor, and also a considerable Land Owner) possessed of, or intitled to divers Messuages, Tenements, Lands, and Hereditaments, within the said Township of Whitgreave ; and the said Mayor and Burgesses of the Corporation of Stafford aforesaid, for the time being, the said John Crewe, John Dearle, John Ward, Gentlemen, and others, are the Owners and Proprietors of all the other Messuages, Tenements, Lands, and Hereditaments, within the said Township. (That the Corporation of Stafford, John Crewe, Esq; John Dearle, John Ward, Gent. and others, are Owners of Land).
And whereas the arable Lands or Grounds of the respective Proprietors, in the said open or Common Fields, (That the arable Lands and inclosures lie intermixed and inconvenient) and also the several inclosed Grounds within the said Township, lie intermixed and inconvenient, and the Common Meadows and Pastures within the said Township, or the crop or produce thereof are anually distributed and divided amongst the several Owners or Occupiers of Land within the said Township, (That the Common Meadows and Pastures are annually divided) in Proportion to the several Quantities of arable and inclosed Land which they are respectively intitled to, or in the Possession of, according to the usage and Custom immemorially observed within the said Township ; and are therefore incapable of any considerable Improvement under the present Circumstances.
And whereas it will be very convenient and advantageous to the said several Proprietors of Land within the said Township, and their respective Tennants, to have the said Open or Common Fields, Meadows, Pastures, and other Commonable Places, divided and inclosed, (That it would be convenient to have the same divided and inclosed) and it will tend to the great Convenience and Advantage of the said several Proprietors, and their respective Tenants in the Occupation of their respective shares and Allotments, (and to include the present Inclosures in such Division) to have the present Inclosures included therein, which will be of great public Utility ; but as such Division and Inclosure cannot be effected without the Aid and Authority of Parliament ;
May it therefore please your MAJESTY
That it may be Enacted; And be it Enacted by the KING's most Excellent Majesty, by and with the Advice and Content of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Richard Hill, of Farley, in the said county of Stafford ; Thomas Smallwood, of Haywood Park, in the said County ; Lewis Hall of Sandon, in the said County ; John Podmore, of the parish of Acton, in the County of Chester ; and Samual Holland, of Warford, in the same County, Gentlemen, and their Successors, shall be, and they are hereby appointed Commissioners for setting out, dividing, alloting, and inclosing the said Open or Common Fields, Meadows, Pastures, and other Commonable Places, in the said Township of Whitgreave, and for putting this act in Execution.
And be it further Enacted, That the said Commissioners, or any Three or more of them, shall, and they are hereby required to give public Notice in One of the Birmingham Weekly Newspapers, and by affixing the same on the principle door of the Parish Church of Saint Mary in Stafford aforesaid, of the Time and Place of their First, and of every other subsequent Meeting, for executing the Powers hereby vested in them, at least Seven Days before every such Meeting ; Meetings by Adjournment for less than Seven Days only exepted.
And be it further Enacted That when and as often as any of the Commissioners appointed by this Act, or to be elected in Manner hereinafter mentioned, shall die or refuse to act, then and in such Case the surviving Commissioners, or any Three or more of Them, shall from Time to Time, within Three Months next after the Death or Refusal to act of such Commissioner, or as soon after as Occasion may require, by Writing under their Hands and Seals, appoint One other Commissioner not interested in the said intended Inclosure, in the room and Stead of each Commissioner dying or refusing to act as aforesaid ; and every such Commissioner so to be appointed, shall have the like Power and Authority for putting this Act in Execution as the Commissioner in whose Place he shall succeed was invested with ; provided that such notice be Given as aforesaid, of the Time and Place of meeting for chusing every such Commissioner, at least Seven Days before every such Meeting.
Provided always, That no person shall be capable of acting as a Commissioner in the Execution of this Act, (except for the Purpose of giving Notice of the First Meeting of the said Commissioners, and of administering the Oath hereinafter mentioned) until he shall have taken and subscribed the following Oath.
I do swear, that I will faithfully, impartially, and honestly, according to the best of my Skill
'' and judgment, hear and determine all such Matters and things as shall be brought before me
'' and execute the Trusts reposed in me, as a Commissioner for putting in Execution an Act of
'' Parliament made for dividing, inclosing, and allotting the Open or Common Fields,
'' Meadows, Pastures, Commonable Places, and other Lands and Grounds, within the Township
'' of Whitgreave, in the County of Stafford. So help me God.
Which Oath it shall and may be lawful for any One of the said Commissioners to administer, and he is hereby required to administer the same to any other of the said Commissioners ; and the said Oath, so taken and subscribed by each Commissioner, shall be annexed to and inrolled with the Award to be made by the said Commissioners as hereinafter mentioned.
And for the more just and regular Division of the Lands and Grounds to be divided and inclosed as aforesaid, and for the better ascertaining of the same, Be it further Enacted, That the said Commissioners, or any Three or more of them, shall cause a true and perfect Survey and Admeasurement to be made of the said Lands and Grounds intended to be divided and Inclosed as aforesaid, some Time before the Twenty-ninth Day of September One Thousand Seven Hundred and Seventy Three, or as soon after as conveniently may be, by such person or persons as the said Commissioners, or any Three or more of them, shall for that Purpose nominate and appoint ; Which survey of Admeasurement shall be reduced into Writing, and the Number of Acres, Roods, and Perches belonging to each Proprietor, at the Time of making such Survey, and the Value thereof, shall be therein described, and also delineated and laid down in a Map or Plan to be thereof made and taken ; which Survey, with such Map or Plan when made, shall be laid before the said Commissioners, or any Three or more of them, at some of their Meetings to be held in pursuance of this Act, and if required by any Three or more of the said Commissioners, shall be verified by the Oath of the Person or Persons making the same ; which Oath the said Commissioners, or any One of them, is hereby impowered to administer.
And be it further Enacted, That if any Dispute or Difference shall arise between the Parties interested in the said intended Division and Inclosure, or any of them, touching or concerning the respective shares and Proportions, which they or or any of them ought to have, of or in the said intended Division and Inclosure, or in anywise relating thereto ; it shall and may be lawful for the said Commissioners, or any Three or more of them, and they are hereby authorized and required, by Examination of Witnesses upon Oath (which Oath any One of the said Commissioners is hereby impowered to administer) and upon other proper and sufficient Enquiry, Evidence, and Satisfaction, to hear and determine the same ; and such Determination shall be binding and conclusive on the said parties, and every of them, and on all other Persons whomsoever.
And be it further Enacted, That the said Commissioners, or any Three or more of them, shall have full Power and Authority, and they are hereby authorized and required, as soon as conveniently may be after the said Survey and Valuation shall have been laid before them, to divide, set out, ascertain, and allot, the said Open or Common Fields, Meadows, Pastures, and other Commonable Places, and also the present inclosed Grounds, amongst the several Persons intitled to and interested in the same, in Proportion to the value of their several and respective Shares, Rights of Common, and other Rights and Interests therein, having due Regard to the Quantity, Quality, and Situation of the Lands and Grounds of the several Parties, to or for whom the same shall be assigned or allotted, and to the Convenience of every one of the Proprietors thereof, consistent with the general convenient Partition of the Lands and Grounds hereby directed to be inclosed ; save and except that the several Messuages or Dwelling Houses within the said Manor, and with Buildings, Courts, Folds, Yards, and Gardens, thereunto respectively belonging, shall continue and be the Property and in Possession of the Owners and Occupiers of the same respectively, in Proportion to their several Rights and Interests therein, subject nevertheless to the several Rules, Orders, and Directions, herein after mentioned.
And be it further Enacted, That the said Commissioners, or any Three or more of them, shall and may, and they are hereby authorized and required in the first Place to ascertain, set out, and appoint, in as direct a Line as may be, both public and Private roads, and Highways, through the Lands and Grounds intended to be divided or inclosed as aforesaid, so as all public Carriage Roads and Ways shall be and remain Sixty Feet broad at the least between the Ditches, which Public Roads or Highways shall be made, (Public and private roads and Highways to be set out), and at all Times for ever then after be repaired and kept in Repair, by and at the Expence of the Inhabitants and Occupiers of Land within the Township of Whitgreave aforesaid, (Private roads and Bridle and Foot ways to be repaired by the proprietors of Land), in such Manner as other public Roads and Ways within the said Township, by the Laws of this Realm ought to be repaired and kept in repair ; and that all Private and Bridle Roads, and Foot Ways to be set out, shall be made and repaired the Expence of the Proprietors of the Lands through which the same shall respectively lie, in such Manner as the said Commissioners, or any Three or more of them, shall in that Behalf order, direct, or appoint ; and that it shall not be lawful for any Person or Persons, after the making of such new Roads or Ways, either public or private, within or through the said new Inclosures or Allotments, or any part thereof, either on Foot or with Horses, Cattle, or Carriages, other than such Roads or Ways, which shall be so set out and appointed as aforesaid ; (On setting out and making such new roads, all other roads shall be stopped), and that all former Roads and Ways, or so much of them as shall not be set out and appointed as aforesaid, shall be deemed Part of the Lands to be divided and inclosed by Virtue of this Act, and shall be alloted as Part thereof.
And be it further Enacted, That it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to award, order, and direct, that all or any of the Springs of Water in the said Open or Common Fields, Meadows, and other commonable Places, (Watercourses to be made according to the Direction of the Commissioners), shall be carried and conveyed in such Courses, and through such Lands and Grounds hereby intended to be divided and Inclosed, as they in their Discretion shall think proper ; for which Purpose such Drains, Tunnels, Soughs, Trenches, and Sluices shall be made in such Parts of the said Lands, to be divided and Inclosed as aforesaid, as the said Commissioners, or any Three or more of them, shall direct: Provided that such Springs of Water shall not be diverted from the antient Watercourses to the Disadvantage or Injury of any Person or Persons now receiving any Benefit or Advantage therefrom, but shall be and are hereby directed to be returned into the usual Watercourses as soon as they shall quit the Lands or Grounds hereby intended to be divided and Inclosed.
And for preventing all Differences and Disputes, relating to the said Division and Inclosure, Be it further Enacted, That as soon as conveniently may be after the said Commissioners, or any Three or more of them, shall have completed and finished the Partitions and Allotments of the said Lands and Grounds hereby directed to be divided, allotted, and Inclosed as aforesaid, persuant to the Directions of this Act, they the said Commissioners, or any Three or more of them, shall form or draw up, an Award or Instrument in Writing, which shall express and contain the Quantity in Statute Measures, of Acres, Roods, and Perches, contained in the said Open or Common Fields, Meadows, and other Commonable Places ; and also of the present Inclosed Lands, and the Quantity of each and every Part and Parcel thereof, which shall be assigned and allotted to each of the Parties intitled to and interested in the same ; and a Discription of the Situation, Buttals, and Boundaries of the Same Parcels and Allotments respectively, and said Award shall also contain Proper Orders and Directions for fencing, mounding and draining the said several Allotments, and for keeping the said Mounds, Fences, and Drains in Repair ; and also for laying out, making, and repairing proper Roads, Ways, and Passages, in, over, and through the same ; and shall also express and shall contain such other Orders, Regulations, and Determinations as shall be proper and necessary to be inserted therein, conformable to the Tenor and Purport of this Act ; and which said Award shall be fairly ingrossed or written upon Parchment, and signed and sealed by the said Commissioners, or any Three or more of them, and shall within Six Months next after the same shall be so signed and sealed as aforesaid, be Inrolled with the Clerk of the Peace for the said County of Stafford, who is hereby required to receive and inroll the same ; and after the same shall have been so inrolled, that the said Award shall be lodged and kept in the Hands with the Clerk of the Peace for the said county for the Time being, to the End that Recourse may be had thereto by any person or Persons interested in the said intended inclosure, for the Inspection and Perusal whereof the Sum of One shilling shall be paid, and no more ; and a true Copy of the said Award, when and so often as the same shall be required, shall be made and delivered to any Person or Persons interested in the said intended Division and Inclosure, signed by the Clerk of the Peace in the said County, purporting the same to be a true Copy, for which no more shall be paid than Two Pence by the Sheet, (each sheet containing Seventy-two Words) which said Copy, as also the said original Award, and each of them, shall from Time to Time, and at all Times thereafter, be admitted and allowed, in all Courts whatsoever, as Legal Evidence of the same ; and the said Award so executed and inrolled as aforesaid, shall be binding and conclusive unto and upon all Parties interested in and intitled unto the several and respective Grounds, Lands, and Premises, within the said Township of Whitgreave, to all Intents and Purposes whatsoever.
And be it further Enacted, That from and after the making of the said Divisions and allotments, and the Execution of the said Award, all Right and Property belonging to or claimed by the several Owners or Occupiers of Lands or Tenements within the said Township of Whitgreave, in, over, or upon the said Open or Common Fields, Meadows, Pastures, and other commonable Places, and also the said Lands already inclosed, and every or any Part thereof, shall cease, determine, and be forever extinguished ; (On making the Division and Allotments, and executing the said Award, All rights and property in or to the Open or Common Fields, etc, to cease and be extinguished), And that the several Lands and Grounds which shall be divided, assigned, and allotted unto and for the several and respective proprietors, in Manner Herein before directed, shall be, and are hereby vested, in them respectively, in full Bar, satisfaction, and Compensation of and for his, her, and their several respective Lands, Grounds, and Rights of Common, and all other Rights and Properties whatsoever which they respectively had or were entitled to, in, out of, or upon the said Premises, by this Act, or immediately before the making of the said Award.
And be it further Enacted, That all and every Person and Persons who shall be intitled to any part of the said new Inclosures and Allotments, shall, and they are hereby required to accept his, her, or their respective Allotments within the Space of Twelve Calendar Months next after the Date and Execution of the said Award, and Notice being given in Writing under the Hands of the said Commissioners, or any Three or more of them, are hereby required to cause to be so given ; and in case any such Person or Persons shall neglect or refuse to accept his, her, or their Share or Allotment, within the Time before mentioned, such Person or Persons, so neglecting or refusing, his, her, and their Successors, Heirs, or Assigns, shall be totally excluded from having or receiving any Estate, Interest, or Right of Common whatsoever, in any of the Lands and Grounds allotted to any other Person or Persons by Virtue of this Act.
Provided always, That all Bodies Politic, Corporate, or Collegiate, Corporation Aggregate or Sole, and the respective Guardians, Husbands, Trustees, Committees, or Attornies, of any Minors, Femes Covert, Lunatics, or Persons beyond the Seas, or any other person or Persons by Law incapable to accept any such Allotment or Allotments, shall be, and are hereby enabled and required to accept thereof, for the Use of such Person or Persons so incapacitated as aforesaid ; and also that any Person or Persons intitled to any Allotment or Allotments as Tenant or Tenants for Life or Lives, shall be, and is and are hereby respectively enabled to take and accept of such Allotment or Allotments; and every such Acceptance respectively shall be, valid and effectual, any thing herein contained to the contrary notwithstanding.
Provided also, That the Non Claim or Non Acceptance, of any Guardian, Husband, Trustee, Committee, or Attorney, shall not exclude or otherwise prejudice the Claim or Acceptance of any Minor, or any other Person under any Incapacity as aforesaid, who shall accept such Allotments within One Year next after such Disability or Incapacity shall be removed, or of any Person or Persons intitled as Heir or in Remainder after the Death of any Person dying under such Incapacity or Disability, who shall claim or accept within One Year after his, her, or their Right or Interest shall have accrued, descended, or vested, or shall have been known so to be.
And be it further Enacted, That the several Parcels of the Lands and Grounds to be set out, ascertained, and allotted, by the said Commissioners, or any Three or more of them, by their Award, as herein before mentioned, shall be enclosed, hedged, ditched, and fenced, at the proper Costs and Charges of the respective Persons to whom or for whose Use the same shall be respectively assigned and allotted, in such Manner as the said Commissioners, or any Three or more of them, shall in their Award order and direct, within Twelve Calendar Months next after the Date and execution of the said Award ; And in case any Person or Persons, to whom or to whose Use or Benefit any Land shall, by Virtue of this Act, be set out, ascertained, and allotted, shall refuse, neglect, or omit to enclose, ditch, and fence the same, within Twelve Calendar Months next after the Date and Execution of the said Award as Aforesaid, (In Case of Neglect or Refusal, the Commissioners to direct the same to be inclosed, ditched, and fenced) then, and in every such Case, it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to direct and cause the same to be inclosed, ditched, and fenced out in a proper and sufficient Manner, the Expence whereof to be paid in Manner herein after mentioned.
Provided always and be it further Enacted, That in case, through the Necessity of situation, or any other unavoidable Circumstance, it shall so happen, that any One or more of the said Proprietors shall not have an equal and proportionable Share of Boundaries, Mounds, and Fences allotted to him, her, or them, on the said intended Division and Inclosure, it shall and may be lawful to and for the said Commissioners, or any Three or more of them, where they shall think it necessary and reasonable, to award, order, and appoint, what Sum or Sums of money such Proprietor or Proprietors shall respectively pay and contribute towards the making the Mounds and fences of such other Proprietor or Proprietors who may have too great a Proportion of Mounding, according to the Value and Quantity of the Lands and Grounds allotted to him, her, or them, by virtue of this Act, so as the Boundaries, Mounds, and Fences may be reduced and brought to a just and equal Proportion ; and in case the Sum or Sums of Money to be paid by them, towards reducing the Boundaries, Mounds, and Fences to a just and equal Proportion, shall not be paid within such Time, and in such Manner as the said Commissioners, or any Three or more of them, shall order and direct, the Money so ordered and directed to be paid shall be raised, levied, and recovered, in such Manner as the other Expences of this Act are hereinafter ordered and directed to be raised, levied, and recovered.
And be it further Enacted, That in case any Lands or Grounds, upon which any Trees, Underwoods, Thorns, Hedges, Bushes, Furzes, or Shrubs shall, at the Time of making such Allotments, be standing, growing, or being, shall be allotted and appointed to any Person or Persons, other than such as was or were the Proprietor or Proprietors thereof, at and immediately before the making such Allotments, then and in such Case it shall and may be lawful to and for such Owners and Proprietors thereof respectively, at any reasonable Time or Times within the space of Six Calendar Months after the Date and Execution of the said Award, to enter into and upon the Lands and Grounds upon which such Trees, Underwoods, Thorns, Bushes, Furzes, or Shrubs shall be standing and being, and to fell, cut down, and grub up, and with Horses and Carriages, or otherwise, to carry away the same, at his and their Wills and Pleasure, to and for his and their own proper Use and Benefit, he, she, or they levelling such Grounds which shall be broken or dug up for the Purpose aforesaid.
Provided always and be it further Enacted, That if any Thorns, Hedges, Bushes, or Shrubs, now standing in or upon any of the Lands intended to be inclosed by virtue of this Act, (except such Thorns or Bushes as shall be left for boundaries) shall be assigned or appointed by the said Commissioners, or any Three or more of them, as or for a Boundary or Fence for any Allotment, or Allotments which shall be made as aforesaid, all such Thorns, Hedges, Bushes, and Shrubs shall be left for and become the Property of the Person or Persons to whom the Soil, whereon the same are standing or growing, shall respectively be allotted by virtue of this Act, he, she, or they making such Allowance or Consideration to the former Owner of such Thorns, Hedges, bushes, or Shrubs respectively, as the said Commissioners, or any Three or more of them, shall by any Writing or Writings under their Hands in that Behalf order and appoint ; and in case any of the Persons to whom the Lands shall be allotted , whereon any such Thorns, Hedges, Bushes, or Shrubs shall stand, shall neglect or refuse to pay, or make such Allowance or Consideration as aforesaid, Within the space of Twenty-one Days, after the same shall have been demanded, then the said Commissioners, or any Three or more of them, shall and may, by Warrant under their Hands and Seals, directed to any Person or Persons whomsoever, cause the same to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons so neglecting or refusing to pay the same, rendering the Overplus (if any) to the Owner or Owners of such Goods and Chattels, after deducting the Costs and Charges of such Distress and Sale.
And be it further Enacted, That it shall and maybe lawful, to and for the respective Persons, to whom any Shares or Allotments shall be assigned and allotted by virtue of this Act, from Time to Time, and at all proper, seasonable, and convenient Times in the Year, after the said intended Division and Inclosure, to set and place Posts and Rails, or other Fences, (Proprietors to have Liberty to set Posts and Rails, or other Fences for the Preservation of the Quicksets to be planted) on the Outsides of the Ditches bounding their respective Allotments, not exceeding Twenty-four Inches from such Ditches, for the better Preservation of their Quickset Hedges ; and to take and carry away such Posts and Rails or other Fences, at his, her, and their free Will and Pleasure ; and that convenient Gaps and Openings shall be left in the said Fences of the new Inclosures, for the space of Twelve Calendar Months next ensuing the Date and Excecution of the said Award , for the passage of Cattle, Carts, and Carriages, in and through the same, unless the said Commissioners, or any Three or more of them, shall direct or order the same to be sooner fenced in, made up, and inclosed.
And be it further Enacted, That for the more convenient Situation and Disposition of the several Farms and Lands within the said Township of Whitgreave, upon the said intended Division and Inclosure, it shall and may be lawful for all or any of the Proprietors and Owners of Estates within the said Township of Whitgreave, being Tenant for Life or in Tail, or on any other Contingency, or seised of any greater Estate therein, or for any Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, Guardians, Husbands, Trustees, Committees, of any Minors, Femes Covert, Lunatics, or Persons in any other manner incapacitated, being Owners or Proprietors of any Messuages, Tenements, Lands, and Hereditaments, in Whitgreave aforesaid, to exchange all or any of his, her, or their Messuages or Dwelling Houses, with the Buildings, Lands, or Hereditaments ; so as all such Exchange or Exchanges be made by and with the Consent and Approbation of the said Commissioners, or any Three or more of them, and be ascertained, specified, and declared, in the Award by this Act directed to be made and executed, or some other Deed or Instrument to be inrolled in the same Manner as the said Award is hereby directed to be inrolled ; and that from thenceforth all and every such Exchange or Exchanges, so to be made as aforesaid, shall be for ever good, valid, and effectual, in Law, to all intents and Purposes whatsoever.
Provided always, That nothing in this Act contained shall extend, or be construed, deemed, or adjudged, to revoke, make void, alter, or annul, any Will or Settlement, or to prejudice any Person having any Jointure, Dower, Portion, or Incumbrance, out of, upon, or affecting any of the Lands and Grounds so intended to be divided and inclosed, or which shall be exchanged by Virtue of this Act ; but that the several Lands and Grounds to be set out and allotted upon such Division and Inclosure, or which shall be taken in Exchange in Pursuance of this Act, shall immediately after such Allotments or Exchange shall be made, be, remain, and enure, and the several Persons to whom the same shall be assigned and allotted, or who shall take the same in Exchange as aforesaid, shall from thenceforth stand and be seised thereof respectively, to, for, and upon such and the same Uses, Trusts, and Estates, and subject to such and the same Wills, Settlements, Limitations, Remainders, Charges, Tenures, Quit Rents, and other Rents, Services, and Incumbrances, as the several Lands, Grounds, and Hereditaments, in Lieu whereof such Allotments, and Exchanges shall be made as aforesaid, now are liable and subject to, or should or would have been liable and subject to, in case this Act had not been made, and particularly to the several antient customary Payments in respect of the several Messuages or Tenements, Lands, and Hereditaments, in Whitgreave aforesaid, in Lieu, Satisfaction, and Discharge of Tythes.
And be it further Enacted, that all and every subsisting Lease and Leases at Rack rent, (Leases at rack rent to be void, on making reasonable satisfaction), of all or any Part or Parts of the Lands and Grounds so intended to be divided and inclosed as aforesaid, or of any Messuages, Buildings, Homesteads, Gardens, Orchards, or inclosed Lands, held with the said Lands and Grounds so intended to be divided, or which shall be exchanged by vitue of this Act, shall cease, determine, and be void immediately upon such Allotments and Divisions being made, the respective Lessees and Tenants thereof reeiving from the respective Owners and Proprietors of the same Premises, who have made any such Leases, such percuniary Satisfaction as the said Commissioners, or any Three or more of them, shall think reasonable, which Satisfaction so to be ascertained as aforesaid, shall, if not paid within One Month after Demand made thereof, be raised by the said Commissioners, or any three or more of them, out of the Goods and Chattels of the Person or Persons who ought to pay the same, in such Manner and by such Ways and Means as any other such Sums of Money in this Act mentioned are directed to be raised by the said Commissioners.
And be it further Enacted, That from and after the passing of this Act, the said commissioners, or any Three or more of them, shall or may order, direct, and appoint the Course of Husbandry that shall be used upon the Lands and Grounds so intended to be divided and inclosed, until such Time as they shall have completed their said Award ; and that the said Lands and Grounds, and the Management thereof, shall be subject and liable to such Directions as the said Commissioners, or any Three or more of them, shall appoint.
And
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in the County of Stafford, which are reputed to contain One thousand and Eighty-seven Acres of Land, and upwards, including several small Closes or Parcels of Land, lying dispersedly within the said Open or Common Fields, and originally inclosed therefrom; all which said Open or Common Fields, Meadows, Pastures, Commonable Places, and other Lands or Grounds, within the said Township, are free and exempt from Tythes, upon Payment of certain customary Payments in lieu thereof, to which Payments the Mayor and Burgesses of the Corporation of Stafford, for the Time being, the Reverend Thomas Nicolls, Clerk, and John Crewe, Esquire, are respectively intitled.
And whereas the said Thomas Nicolls is seised, ( that the Rev. Thomas nicolls is Lord of the manor, and also a considerable Land Owner) possessed of, or intitled to divers Messuages, Tenements, Lands, and Hereditaments, within the said Township of Whitgreave ; and the said Mayor and Burgesses of the Corporation of Stafford aforesaid, for the time being, the said John Crewe, John Dearle, John Ward, Gentlemen, and others, are the Owners and Proprietors of all the other Messuages, Tenements, Lands, and Hereditaments, within the said Township. (That the Corporation of Stafford, John Crewe, Esq; John Dearle, John Ward, Gent. and others, are Owners of Land).
And whereas the arable Lands or Grounds of the respective Proprietors, in the said open or Common Fields, (That the arable Lands and inclosures lie intermixed and inconvenient) and also the several inclosed Grounds within the said Township, lie intermixed and inconvenient, and the Common Meadows and Pastures within the said Township, or the crop or produce thereof are anually distributed and divided amongst the several Owners or Occupiers of Land within the said Township, (That the Common Meadows and Pastures are annually divided) in Proportion to the several Quantities of arable and inclosed Land which they are respectively intitled to, or in the Possession of, according to the usage and Custom immemorially observed within the said Township ; and are therefore incapable of any considerable Improvement under the present Circumstances.
And whereas it will be very convenient and advantageous to the said several Proprietors of Land within the said Township, and their respective Tennants, to have the said Open or Common Fields, Meadows, Pastures, and other Commonable Places, divided and inclosed, (That it would be convenient to have the same divided and inclosed) and it will tend to the great Convenience and Advantage of the said several Proprietors, and their respective Tenants in the Occupation of their respective shares and Allotments, (and to include the present Inclosures in such Division) to have the present Inclosures included therein, which will be of great public Utility ; but as such Division and Inclosure cannot be effected without the Aid and Authority of Parliament ;
May it therefore please your MAJESTY
That it may be Enacted; And be it Enacted by the KING's most Excellent Majesty, by and with the Advice and Content of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Richard Hill, of Farley, in the said county of Stafford ; Thomas Smallwood, of Haywood Park, in the said County ; Lewis Hall of Sandon, in the said County ; John Podmore, of the parish of Acton, in the County of Chester ; and Samual Holland, of Warford, in the same County, Gentlemen, and their Successors, shall be, and they are hereby appointed Commissioners for setting out, dividing, alloting, and inclosing the said Open or Common Fields, Meadows, Pastures, and other Commonable Places, in the said Township of Whitgreave, and for putting this act in Execution.
And be it further Enacted, That the said Commissioners, or any Three or more of them, shall, and they are hereby required to give public Notice in One of the Birmingham Weekly Newspapers, and by affixing the same on the principle door of the Parish Church of Saint Mary in Stafford aforesaid, of the Time and Place of their First, and of every other subsequent Meeting, for executing the Powers hereby vested in them, at least Seven Days before every such Meeting ; Meetings by Adjournment for less than Seven Days only exepted.
And be it further Enacted That when and as often as any of the Commissioners appointed by this Act, or to be elected in Manner hereinafter mentioned, shall die or refuse to act, then and in such Case the surviving Commissioners, or any Three or more of Them, shall from Time to Time, within Three Months next after the Death or Refusal to act of such Commissioner, or as soon after as Occasion may require, by Writing under their Hands and Seals, appoint One other Commissioner not interested in the said intended Inclosure, in the room and Stead of each Commissioner dying or refusing to act as aforesaid ; and every such Commissioner so to be appointed, shall have the like Power and Authority for putting this Act in Execution as the Commissioner in whose Place he shall succeed was invested with ; provided that such notice be Given as aforesaid, of the Time and Place of meeting for chusing every such Commissioner, at least Seven Days before every such Meeting.
Provided always, That no person shall be capable of acting as a Commissioner in the Execution of this Act, (except for the Purpose of giving Notice of the First Meeting of the said Commissioners, and of administering the Oath hereinafter mentioned) until he shall have taken and subscribed the following Oath.
I do swear, that I will faithfully, impartially, and honestly, according to the best of my Skill
'' and judgment, hear and determine all such Matters and things as shall be brought before me
'' and execute the Trusts reposed in me, as a Commissioner for putting in Execution an Act of
'' Parliament made for dividing, inclosing, and allotting the Open or Common Fields,
'' Meadows, Pastures, Commonable Places, and other Lands and Grounds, within the Township
'' of Whitgreave, in the County of Stafford. So help me God.
Which Oath it shall and may be lawful for any One of the said Commissioners to administer, and he is hereby required to administer the same to any other of the said Commissioners ; and the said Oath, so taken and subscribed by each Commissioner, shall be annexed to and inrolled with the Award to be made by the said Commissioners as hereinafter mentioned.
And for the more just and regular Division of the Lands and Grounds to be divided and inclosed as aforesaid, and for the better ascertaining of the same, Be it further Enacted, That the said Commissioners, or any Three or more of them, shall cause a true and perfect Survey and Admeasurement to be made of the said Lands and Grounds intended to be divided and Inclosed as aforesaid, some Time before the Twenty-ninth Day of September One Thousand Seven Hundred and Seventy Three, or as soon after as conveniently may be, by such person or persons as the said Commissioners, or any Three or more of them, shall for that Purpose nominate and appoint ; Which survey of Admeasurement shall be reduced into Writing, and the Number of Acres, Roods, and Perches belonging to each Proprietor, at the Time of making such Survey, and the Value thereof, shall be therein described, and also delineated and laid down in a Map or Plan to be thereof made and taken ; which Survey, with such Map or Plan when made, shall be laid before the said Commissioners, or any Three or more of them, at some of their Meetings to be held in pursuance of this Act, and if required by any Three or more of the said Commissioners, shall be verified by the Oath of the Person or Persons making the same ; which Oath the said Commissioners, or any One of them, is hereby impowered to administer.
And be it further Enacted, That if any Dispute or Difference shall arise between the Parties interested in the said intended Division and Inclosure, or any of them, touching or concerning the respective shares and Proportions, which they or or any of them ought to have, of or in the said intended Division and Inclosure, or in anywise relating thereto ; it shall and may be lawful for the said Commissioners, or any Three or more of them, and they are hereby authorized and required, by Examination of Witnesses upon Oath (which Oath any One of the said Commissioners is hereby impowered to administer) and upon other proper and sufficient Enquiry, Evidence, and Satisfaction, to hear and determine the same ; and such Determination shall be binding and conclusive on the said parties, and every of them, and on all other Persons whomsoever.
And be it further Enacted, That the said Commissioners, or any Three or more of them, shall have full Power and Authority, and they are hereby authorized and required, as soon as conveniently may be after the said Survey and Valuation shall have been laid before them, to divide, set out, ascertain, and allot, the said Open or Common Fields, Meadows, Pastures, and other Commonable Places, and also the present inclosed Grounds, amongst the several Persons intitled to and interested in the same, in Proportion to the value of their several and respective Shares, Rights of Common, and other Rights and Interests therein, having due Regard to the Quantity, Quality, and Situation of the Lands and Grounds of the several Parties, to or for whom the same shall be assigned or allotted, and to the Convenience of every one of the Proprietors thereof, consistent with the general convenient Partition of the Lands and Grounds hereby directed to be inclosed ; save and except that the several Messuages or Dwelling Houses within the said Manor, and with Buildings, Courts, Folds, Yards, and Gardens, thereunto respectively belonging, shall continue and be the Property and in Possession of the Owners and Occupiers of the same respectively, in Proportion to their several Rights and Interests therein, subject nevertheless to the several Rules, Orders, and Directions, herein after mentioned.
And be it further Enacted, That the said Commissioners, or any Three or more of them, shall and may, and they are hereby authorized and required in the first Place to ascertain, set out, and appoint, in as direct a Line as may be, both public and Private roads, and Highways, through the Lands and Grounds intended to be divided or inclosed as aforesaid, so as all public Carriage Roads and Ways shall be and remain Sixty Feet broad at the least between the Ditches, which Public Roads or Highways shall be made, (Public and private roads and Highways to be set out), and at all Times for ever then after be repaired and kept in Repair, by and at the Expence of the Inhabitants and Occupiers of Land within the Township of Whitgreave aforesaid, (Private roads and Bridle and Foot ways to be repaired by the proprietors of Land), in such Manner as other public Roads and Ways within the said Township, by the Laws of this Realm ought to be repaired and kept in repair ; and that all Private and Bridle Roads, and Foot Ways to be set out, shall be made and repaired the Expence of the Proprietors of the Lands through which the same shall respectively lie, in such Manner as the said Commissioners, or any Three or more of them, shall in that Behalf order, direct, or appoint ; and that it shall not be lawful for any Person or Persons, after the making of such new Roads or Ways, either public or private, within or through the said new Inclosures or Allotments, or any part thereof, either on Foot or with Horses, Cattle, or Carriages, other than such Roads or Ways, which shall be so set out and appointed as aforesaid ; (On setting out and making such new roads, all other roads shall be stopped), and that all former Roads and Ways, or so much of them as shall not be set out and appointed as aforesaid, shall be deemed Part of the Lands to be divided and inclosed by Virtue of this Act, and shall be alloted as Part thereof.
And be it further Enacted, That it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to award, order, and direct, that all or any of the Springs of Water in the said Open or Common Fields, Meadows, and other commonable Places, (Watercourses to be made according to the Direction of the Commissioners), shall be carried and conveyed in such Courses, and through such Lands and Grounds hereby intended to be divided and Inclosed, as they in their Discretion shall think proper ; for which Purpose such Drains, Tunnels, Soughs, Trenches, and Sluices shall be made in such Parts of the said Lands, to be divided and Inclosed as aforesaid, as the said Commissioners, or any Three or more of them, shall direct: Provided that such Springs of Water shall not be diverted from the antient Watercourses to the Disadvantage or Injury of any Person or Persons now receiving any Benefit or Advantage therefrom, but shall be and are hereby directed to be returned into the usual Watercourses as soon as they shall quit the Lands or Grounds hereby intended to be divided and Inclosed.
And for preventing all Differences and Disputes, relating to the said Division and Inclosure, Be it further Enacted, That as soon as conveniently may be after the said Commissioners, or any Three or more of them, shall have completed and finished the Partitions and Allotments of the said Lands and Grounds hereby directed to be divided, allotted, and Inclosed as aforesaid, persuant to the Directions of this Act, they the said Commissioners, or any Three or more of them, shall form or draw up, an Award or Instrument in Writing, which shall express and contain the Quantity in Statute Measures, of Acres, Roods, and Perches, contained in the said Open or Common Fields, Meadows, and other Commonable Places ; and also of the present Inclosed Lands, and the Quantity of each and every Part and Parcel thereof, which shall be assigned and allotted to each of the Parties intitled to and interested in the same ; and a Discription of the Situation, Buttals, and Boundaries of the Same Parcels and Allotments respectively, and said Award shall also contain Proper Orders and Directions for fencing, mounding and draining the said several Allotments, and for keeping the said Mounds, Fences, and Drains in Repair ; and also for laying out, making, and repairing proper Roads, Ways, and Passages, in, over, and through the same ; and shall also express and shall contain such other Orders, Regulations, and Determinations as shall be proper and necessary to be inserted therein, conformable to the Tenor and Purport of this Act ; and which said Award shall be fairly ingrossed or written upon Parchment, and signed and sealed by the said Commissioners, or any Three or more of them, and shall within Six Months next after the same shall be so signed and sealed as aforesaid, be Inrolled with the Clerk of the Peace for the said County of Stafford, who is hereby required to receive and inroll the same ; and after the same shall have been so inrolled, that the said Award shall be lodged and kept in the Hands with the Clerk of the Peace for the said county for the Time being, to the End that Recourse may be had thereto by any person or Persons interested in the said intended inclosure, for the Inspection and Perusal whereof the Sum of One shilling shall be paid, and no more ; and a true Copy of the said Award, when and so often as the same shall be required, shall be made and delivered to any Person or Persons interested in the said intended Division and Inclosure, signed by the Clerk of the Peace in the said County, purporting the same to be a true Copy, for which no more shall be paid than Two Pence by the Sheet, (each sheet containing Seventy-two Words) which said Copy, as also the said original Award, and each of them, shall from Time to Time, and at all Times thereafter, be admitted and allowed, in all Courts whatsoever, as Legal Evidence of the same ; and the said Award so executed and inrolled as aforesaid, shall be binding and conclusive unto and upon all Parties interested in and intitled unto the several and respective Grounds, Lands, and Premises, within the said Township of Whitgreave, to all Intents and Purposes whatsoever.
And be it further Enacted, That from and after the making of the said Divisions and allotments, and the Execution of the said Award, all Right and Property belonging to or claimed by the several Owners or Occupiers of Lands or Tenements within the said Township of Whitgreave, in, over, or upon the said Open or Common Fields, Meadows, Pastures, and other commonable Places, and also the said Lands already inclosed, and every or any Part thereof, shall cease, determine, and be forever extinguished ; (On making the Division and Allotments, and executing the said Award, All rights and property in or to the Open or Common Fields, etc, to cease and be extinguished), And that the several Lands and Grounds which shall be divided, assigned, and allotted unto and for the several and respective proprietors, in Manner Herein before directed, shall be, and are hereby vested, in them respectively, in full Bar, satisfaction, and Compensation of and for his, her, and their several respective Lands, Grounds, and Rights of Common, and all other Rights and Properties whatsoever which they respectively had or were entitled to, in, out of, or upon the said Premises, by this Act, or immediately before the making of the said Award.
And be it further Enacted, That all and every Person and Persons who shall be intitled to any part of the said new Inclosures and Allotments, shall, and they are hereby required to accept his, her, or their respective Allotments within the Space of Twelve Calendar Months next after the Date and Execution of the said Award, and Notice being given in Writing under the Hands of the said Commissioners, or any Three or more of them, are hereby required to cause to be so given ; and in case any such Person or Persons shall neglect or refuse to accept his, her, or their Share or Allotment, within the Time before mentioned, such Person or Persons, so neglecting or refusing, his, her, and their Successors, Heirs, or Assigns, shall be totally excluded from having or receiving any Estate, Interest, or Right of Common whatsoever, in any of the Lands and Grounds allotted to any other Person or Persons by Virtue of this Act.
Provided always, That all Bodies Politic, Corporate, or Collegiate, Corporation Aggregate or Sole, and the respective Guardians, Husbands, Trustees, Committees, or Attornies, of any Minors, Femes Covert, Lunatics, or Persons beyond the Seas, or any other person or Persons by Law incapable to accept any such Allotment or Allotments, shall be, and are hereby enabled and required to accept thereof, for the Use of such Person or Persons so incapacitated as aforesaid ; and also that any Person or Persons intitled to any Allotment or Allotments as Tenant or Tenants for Life or Lives, shall be, and is and are hereby respectively enabled to take and accept of such Allotment or Allotments; and every such Acceptance respectively shall be, valid and effectual, any thing herein contained to the contrary notwithstanding.
Provided also, That the Non Claim or Non Acceptance, of any Guardian, Husband, Trustee, Committee, or Attorney, shall not exclude or otherwise prejudice the Claim or Acceptance of any Minor, or any other Person under any Incapacity as aforesaid, who shall accept such Allotments within One Year next after such Disability or Incapacity shall be removed, or of any Person or Persons intitled as Heir or in Remainder after the Death of any Person dying under such Incapacity or Disability, who shall claim or accept within One Year after his, her, or their Right or Interest shall have accrued, descended, or vested, or shall have been known so to be.
And be it further Enacted, That the several Parcels of the Lands and Grounds to be set out, ascertained, and allotted, by the said Commissioners, or any Three or more of them, by their Award, as herein before mentioned, shall be enclosed, hedged, ditched, and fenced, at the proper Costs and Charges of the respective Persons to whom or for whose Use the same shall be respectively assigned and allotted, in such Manner as the said Commissioners, or any Three or more of them, shall in their Award order and direct, within Twelve Calendar Months next after the Date and execution of the said Award ; And in case any Person or Persons, to whom or to whose Use or Benefit any Land shall, by Virtue of this Act, be set out, ascertained, and allotted, shall refuse, neglect, or omit to enclose, ditch, and fence the same, within Twelve Calendar Months next after the Date and Execution of the said Award as Aforesaid, (In Case of Neglect or Refusal, the Commissioners to direct the same to be inclosed, ditched, and fenced) then, and in every such Case, it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to direct and cause the same to be inclosed, ditched, and fenced out in a proper and sufficient Manner, the Expence whereof to be paid in Manner herein after mentioned.
Provided always and be it further Enacted, That in case, through the Necessity of situation, or any other unavoidable Circumstance, it shall so happen, that any One or more of the said Proprietors shall not have an equal and proportionable Share of Boundaries, Mounds, and Fences allotted to him, her, or them, on the said intended Division and Inclosure, it shall and may be lawful to and for the said Commissioners, or any Three or more of them, where they shall think it necessary and reasonable, to award, order, and appoint, what Sum or Sums of money such Proprietor or Proprietors shall respectively pay and contribute towards the making the Mounds and fences of such other Proprietor or Proprietors who may have too great a Proportion of Mounding, according to the Value and Quantity of the Lands and Grounds allotted to him, her, or them, by virtue of this Act, so as the Boundaries, Mounds, and Fences may be reduced and brought to a just and equal Proportion ; and in case the Sum or Sums of Money to be paid by them, towards reducing the Boundaries, Mounds, and Fences to a just and equal Proportion, shall not be paid within such Time, and in such Manner as the said Commissioners, or any Three or more of them, shall order and direct, the Money so ordered and directed to be paid shall be raised, levied, and recovered, in such Manner as the other Expences of this Act are hereinafter ordered and directed to be raised, levied, and recovered.
And be it further Enacted, That in case any Lands or Grounds, upon which any Trees, Underwoods, Thorns, Hedges, Bushes, Furzes, or Shrubs shall, at the Time of making such Allotments, be standing, growing, or being, shall be allotted and appointed to any Person or Persons, other than such as was or were the Proprietor or Proprietors thereof, at and immediately before the making such Allotments, then and in such Case it shall and may be lawful to and for such Owners and Proprietors thereof respectively, at any reasonable Time or Times within the space of Six Calendar Months after the Date and Execution of the said Award, to enter into and upon the Lands and Grounds upon which such Trees, Underwoods, Thorns, Bushes, Furzes, or Shrubs shall be standing and being, and to fell, cut down, and grub up, and with Horses and Carriages, or otherwise, to carry away the same, at his and their Wills and Pleasure, to and for his and their own proper Use and Benefit, he, she, or they levelling such Grounds which shall be broken or dug up for the Purpose aforesaid.
Provided always and be it further Enacted, That if any Thorns, Hedges, Bushes, or Shrubs, now standing in or upon any of the Lands intended to be inclosed by virtue of this Act, (except such Thorns or Bushes as shall be left for boundaries) shall be assigned or appointed by the said Commissioners, or any Three or more of them, as or for a Boundary or Fence for any Allotment, or Allotments which shall be made as aforesaid, all such Thorns, Hedges, Bushes, and Shrubs shall be left for and become the Property of the Person or Persons to whom the Soil, whereon the same are standing or growing, shall respectively be allotted by virtue of this Act, he, she, or they making such Allowance or Consideration to the former Owner of such Thorns, Hedges, bushes, or Shrubs respectively, as the said Commissioners, or any Three or more of them, shall by any Writing or Writings under their Hands in that Behalf order and appoint ; and in case any of the Persons to whom the Lands shall be allotted , whereon any such Thorns, Hedges, Bushes, or Shrubs shall stand, shall neglect or refuse to pay, or make such Allowance or Consideration as aforesaid, Within the space of Twenty-one Days, after the same shall have been demanded, then the said Commissioners, or any Three or more of them, shall and may, by Warrant under their Hands and Seals, directed to any Person or Persons whomsoever, cause the same to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons so neglecting or refusing to pay the same, rendering the Overplus (if any) to the Owner or Owners of such Goods and Chattels, after deducting the Costs and Charges of such Distress and Sale.
And be it further Enacted, That it shall and maybe lawful, to and for the respective Persons, to whom any Shares or Allotments shall be assigned and allotted by virtue of this Act, from Time to Time, and at all proper, seasonable, and convenient Times in the Year, after the said intended Division and Inclosure, to set and place Posts and Rails, or other Fences, (Proprietors to have Liberty to set Posts and Rails, or other Fences for the Preservation of the Quicksets to be planted) on the Outsides of the Ditches bounding their respective Allotments, not exceeding Twenty-four Inches from such Ditches, for the better Preservation of their Quickset Hedges ; and to take and carry away such Posts and Rails or other Fences, at his, her, and their free Will and Pleasure ; and that convenient Gaps and Openings shall be left in the said Fences of the new Inclosures, for the space of Twelve Calendar Months next ensuing the Date and Excecution of the said Award , for the passage of Cattle, Carts, and Carriages, in and through the same, unless the said Commissioners, or any Three or more of them, shall direct or order the same to be sooner fenced in, made up, and inclosed.
And be it further Enacted, That for the more convenient Situation and Disposition of the several Farms and Lands within the said Township of Whitgreave, upon the said intended Division and Inclosure, it shall and may be lawful for all or any of the Proprietors and Owners of Estates within the said Township of Whitgreave, being Tenant for Life or in Tail, or on any other Contingency, or seised of any greater Estate therein, or for any Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, Guardians, Husbands, Trustees, Committees, of any Minors, Femes Covert, Lunatics, or Persons in any other manner incapacitated, being Owners or Proprietors of any Messuages, Tenements, Lands, and Hereditaments, in Whitgreave aforesaid, to exchange all or any of his, her, or their Messuages or Dwelling Houses, with the Buildings, Lands, or Hereditaments ; so as all such Exchange or Exchanges be made by and with the Consent and Approbation of the said Commissioners, or any Three or more of them, and be ascertained, specified, and declared, in the Award by this Act directed to be made and executed, or some other Deed or Instrument to be inrolled in the same Manner as the said Award is hereby directed to be inrolled ; and that from thenceforth all and every such Exchange or Exchanges, so to be made as aforesaid, shall be for ever good, valid, and effectual, in Law, to all intents and Purposes whatsoever.
Provided always, That nothing in this Act contained shall extend, or be construed, deemed, or adjudged, to revoke, make void, alter, or annul, any Will or Settlement, or to prejudice any Person having any Jointure, Dower, Portion, or Incumbrance, out of, upon, or affecting any of the Lands and Grounds so intended to be divided and inclosed, or which shall be exchanged by Virtue of this Act ; but that the several Lands and Grounds to be set out and allotted upon such Division and Inclosure, or which shall be taken in Exchange in Pursuance of this Act, shall immediately after such Allotments or Exchange shall be made, be, remain, and enure, and the several Persons to whom the same shall be assigned and allotted, or who shall take the same in Exchange as aforesaid, shall from thenceforth stand and be seised thereof respectively, to, for, and upon such and the same Uses, Trusts, and Estates, and subject to such and the same Wills, Settlements, Limitations, Remainders, Charges, Tenures, Quit Rents, and other Rents, Services, and Incumbrances, as the several Lands, Grounds, and Hereditaments, in Lieu whereof such Allotments, and Exchanges shall be made as aforesaid, now are liable and subject to, or should or would have been liable and subject to, in case this Act had not been made, and particularly to the several antient customary Payments in respect of the several Messuages or Tenements, Lands, and Hereditaments, in Whitgreave aforesaid, in Lieu, Satisfaction, and Discharge of Tythes.
And be it further Enacted, that all and every subsisting Lease and Leases at Rack rent, (Leases at rack rent to be void, on making reasonable satisfaction), of all or any Part or Parts of the Lands and Grounds so intended to be divided and inclosed as aforesaid, or of any Messuages, Buildings, Homesteads, Gardens, Orchards, or inclosed Lands, held with the said Lands and Grounds so intended to be divided, or which shall be exchanged by vitue of this Act, shall cease, determine, and be void immediately upon such Allotments and Divisions being made, the respective Lessees and Tenants thereof reeiving from the respective Owners and Proprietors of the same Premises, who have made any such Leases, such percuniary Satisfaction as the said Commissioners, or any Three or more of them, shall think reasonable, which Satisfaction so to be ascertained as aforesaid, shall, if not paid within One Month after Demand made thereof, be raised by the said Commissioners, or any three or more of them, out of the Goods and Chattels of the Person or Persons who ought to pay the same, in such Manner and by such Ways and Means as any other such Sums of Money in this Act mentioned are directed to be raised by the said Commissioners.
And be it further Enacted, That from and after the passing of this Act, the said commissioners, or any Three or more of them, shall or may order, direct, and appoint the Course of Husbandry that shall be used upon the Lands and Grounds so intended to be divided and inclosed, until such Time as they shall have completed their said Award ; and that the said Lands and Grounds, and the Management thereof, shall be subject and liable to such Directions as the said Commissioners, or any Three or more of them, shall appoint.
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Farming - Inclosing Whitgreave, Stafford
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An
ACT
for
The Dividing, Inclosing, and Alloting the Open or Common Fields, Meadows, Pastures, Commonable Places, and other Lands and Grounds, within the Township of Whitgreave, in the County of Stafford.
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1773
ACT
for
The Dividing, Inclosing, and Alloting the Open or Common Fields, Meadows, Pastures, Commonable Places, and other Lands and Grounds, within the Township of Whitgreave, in the County of Stafford.
________
1773
Copied word for word from the original copy of 1773.
f for s excluded for easier reading.
f for s excluded for easier reading.
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