And be it further Enacted, That it shall and may be lawful to and for every Person who after such Division and Inclosure, to be made as aforesaid, shall be Owners and Proprietors for the Time being of any of the Allotments to be made in pursuance of this Act, as Tenants for Life only, or in Tail, and to and for the Husbands, Guardians, Trustees, or Committees of any Femes Covert, Idiots, Lunatics, or Persons beyond the Seas, or under any Disability whatsoever, save and except the Mayor and Burgesses of the Corporation of Stafford aforesaid, and to and for every of them, by Writing under their Hands and Seals, from Time to Time, to charge their several Lands and Grounds, which shall be comprised in such Allotments, or any Part thereof, with any Sum or Sums of Money not exceeding Forty Shillings for every Acre of the Lands and Grounds to be allotted as aforesaid, to be paid to such Person or Persons as the said Commissioners, or any Three or more of them, shall nominate and appoint, in order to be applied and disposed of for and towards paying and defraying their respective Shares and Proportions of the Charges and Expenses incident to and attending such Division and Inclosure as aforesaid, and in or relating to the obtaining this present Act, and for securing the Repayment of such Sum or Sums of Money, with Interest, to grant, mortgage, lease, or demise, the Lands and Grounds so to be charged therewith, unto the Person or Persons who shall advance and lend the same, for any Number of Years, so as every such Grant or Demise be with a Proviso, or Condition, to cease and be void, when such Sum or Sums of Money thereby secured, with the Interest thereof, shall be paid and satisfied, and so as in every such Grant or Demise to be made by any Person or Persons intitled for Life only, or in Tail, or upon any other Contingency, there be contained a Covenant to pay and keep down the Interest of the Money thereby tp be secured, during his, her, or their respective Lives, or so long as he, she, or they shall continue seised of such allotment or Allotments respectively, so that no Person becoming afterwards possessed of or entitled to such Lands and Grounds so to be charged with any Sum or Sums of money as aforesaid, shall be liable to pay any further or larger Arrear of Interest than for One Year preceeding the Time that the Title to such Possession shall have commenced ; or it shall and may be lawful for the said Commissioners, or any Three or more of them, by any Deed or Deeds of Appointment, or by such other Deed or Deeds of Appointment, or by such other Deed or Deeds, Writing or Writings as shall be judged necessary, under their Hands and seals, to be attested by Two or more Witnesses, to charge and subject the Lands and Grounds which shall by Virtue of this Act be assigned and alloted to such of the said Owners and Proprietors, being Tenants for Life only, or in Tail, or upon any other Contingency, who shall respectively pay and discharge his, her, or their proportionable Part of the Charges and Expenses aforesaid, with any Sum or Sums of Money, not exceeding Forty Shillings per Acre, with interest for the same, as aforesaid ; which Sum or Sums of Money so to be charged as aforesaid, shall be payable within One Year next after the Descease of such Tenant for Life, or in Tail, or other Contingency respectively, with the Interest thereof to be computed from his, her, or their respective Decease, unto such Person or Persons as such Tenants for Life or in Tail, or other Contingency, shall respectively, by any Deed or Will duly executed and attested, direct or appoint ; and in default thereof, to his, her, or their Executors or Administrators ; and every such Grant, Mortgage, Lease, Appointment, or Demise and Charge, Will or Deed, as aforesaid, shall be good, valid, and effectual in the Law, any Settlement, Will, Trust, Use, Remainder, Limitation, or other Incumbrance, touching and concerning the same Lands and Grounds, or any Part thereof, to the contrary notwithstanding.
And be it further Enacted, That the Charges and Expences incident to and attending the obtaining and passing this Act, and of the Surveying, Measuring, Dividing, and Allotting the Lands and Grounds so Intended to be inclosed as aforesaid, and of preparing and Inrolling the said Award, and also the Charges and Expences of the said Commissioners, and of the several Persons to be employed by them, or any Three or more of them, either before or after executing their said Award, and also all other the necessary Expences in and about the Premises, shall be paid, borne, and defrayed by the Owners or Proprietors, and Persons interested in the said Lands and Grounds, by an equal Pound Rate in Proportion to their respective Shares, Interests, and Properties therein, at such Time and Times as the said Commissioners, or any Three or more of them, shall either before or after the Execution of Their said Award, by a Notice in Writing under their Hands, order or direct ; which Notice is hereby directed to be given at least Thirty Days before the Time of such Payment ; and in any Case any of the Persons aforesaid said shall refuse or neglect to pay his, her, or their Share or Shares of such Charges and Expences, or any Part thereof, or the Charges and Expences of Inclosing, Ditching, and Fencing, as aforesaid, within the Time to be limited by the said Commissioners, or any Three or more of them, to such Person or Persons as they shall appoint to receive the same, then it shall and may be lawful for any Two or more of His Majesty's Justices of the Peace for the said County of Stafford, upon Application made to them by any Three or more of The said Commissioners, or their Successors, by Warrant under their Hands or 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 to refusing or neglecting 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 taking and making every such Distress and Sale ; and in case no such Distress can be had or taken as aforesaid, then it shall and may be lawful for the said Commissioners, or any Three or more of them, or any other Person or Persons to be authorised by them, or any Three or more of them, to enter into and upon the Premises to be allotted to such Person or Persons refusing to pay as aforesaid, and to receive and take the Rents and Profits thereof respectively, until thereby or therewith, the Share or Shares, Proportion or Proportions, of the said Costs and Charges to be directed, ordered, or appointed, by the said Commissioners, or any Three or more of them, to be paid by such Person or Persons as aforesaid ; as also all Costs, Charges, and Expences, occasioned by or attending such Entry or Receipt of the Rents or Profits of the same Premises, shall be respectively fully paid and satisfied.
And be it further Enacted, That the said commissioners, or any Three or more of them, shall and they are hereby required, in case the same shall be demanded by any Two or more of the said Proprietors, to make out a full and particular Account in Writing of all the Charges and Expences of the said Commissioners, or which they shall have allowed, or ordered or consented to be paid by virtue or in pursuance of any of the Powers contained in this Act, and to lay the same, together with the minutes of their Proceedings, and all receipts, Vouchers, and Papers relating thereto, before any Three of the said Proprietors present at a meeting to be held for that Purpose, pursuant to Notice to be given in One of the Birmingham Weekly Newspapers, and also affixed on One of the Doors of the Parish Church of Saint Mary in Stafford aforesaid, of the Time and Place of such Meeting, at least Three Weeks before the same shall be held; and such of the said Proprietors, or their respective Agents, as shall be so nominated and chosen at the same Meeting, shall be, and they are hereby authorized and appointed from Time to Time, and at all seasonable Times, to inspect and examine such Papers and Accounts, or Bills of Charges of any other Person or Persons employed or acting in executing this Act, and all Receipts, Vouchers, Papers, and Writings concerning the same.
Provided always, and it is hereby Enacted and Declared, That nothing herein contained shall extend or be construed to extend to authorize and empower the said Commissioners, or any of them, to include or comprize in the said intended Division or Allotment, the Three several Closes or Inclosures of Land or Ground, belonging to the said John Dearle, commonly called or known by the respective Names of the Smithy Croft, Lake's Croft, and the Barn Croft, or any of them, without the Consent of the said John Dearle, in Writing first had and obtained; but that the same and every of them shall be held and enjoyed by the said John Dearle, his Heirs and Assigns in Severalty, as if this Act had not been made.
And be it further Enacted, That if any Person or Persons shall think him, her, or themselves aggrieved by any Thing done in pursuance of this Act, then and in every such Case (except in Cases where the Orders and Determinations of the Said Commissioners, or any three or more of them, are directed to be conclusive or final) he, she, or they may appeal to any General Quarter Sessions of the Peace, which shall be held in and for the said County of Stafford, within Six Months next after the Cause of Complaint shall have arisen; and the Justices in their said General Quarter Sessions of the Peace, are hereby required to hear and determine the Matter of every such Appeal, and to make such Order therein, 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 Sale of the Goods and Chattels of the Party or Parties liable to pay the same, rendering the Overplus (if any) to the Owner or Owners of such Goods and Chattels, after deducting the reasonable Charges attending every such Distress and Sale, which Determination, or Order and Award of the said Justices, shall be final and conclusive to all Parties concerned, and shall not be removed or be removable by Certiorari, or any other Writ or Process whatsoever, into any of His Majesty's Courts or Record at Westminster or elsewhere.
Saving always to the KING's most Excellent Majesty, his Heirs, and Successors, and all and every other Person and Persons, Bodies Politic and Corporate, his, her, and their respective Heirs, Successors, executors, and Administrators (other than and except the Persons meant and intended to be barred by this Act) all such Estate, Right, Title, Interest, Claim, or Demand, as they, every or any of them had and enjoyed, of, in, and to or out of the said Lands and Premises so directed to be Inclosed as aforesaid, before the passing of this Act, or could or might have had and enjoyed in case the same had never been made.
A C T
F O R
The Dividing, Inclosing, and Allotting
the Open or Common Fields, Meadows,
Pastures , Commonable Place, and other
Lands and Grounds, within the Township
of Whitgreave, in the County of Stafford.
Farming - Inclosing Whitgreave - Continued
preserving rural bygones