System of Division—Special Provisions:
Lord of the Manor (Sir James Lowther).—No special provision mentioned, but see Award.
Clause to say that the Lord of the Manor’s rights are not to be prejudiced by the Act ‘(except such Common of Pasture, or other Rights of Common, as can or may be claimed by or belonging to him).’
Tithe Owners.—Nothing in the Act to affect any right or title to tithes.
Provision for the Poor.—Nothing mentioned, but see Award.
Allotment.—The Commissioners are to make the allotments amongst the several persons ‘intitled to any Lands, Grounds, Right of Common or other Property,’ in proportion to ‘the real value of their several and respective Shares and Interests and Right of Common or other Property through and over the said Common Fields, or other the Premises to be allotted and divided.’ Quantity, Quality and Convenience are to be considered. The Commissioners are to draw up an Award as soon as is convenient after allotment, and ‘the several Allotments, Partitions and Divisions so made’ in and by the Award ‘shall be and are hereby declared to be binding and conclusive unto and upon all and every the several Parties interested in the said open and common Fields, common Pastures, and commonable Lands.’ Allotments must be accepted within 12 months after award. (Saving clause for infants, etc.) Failure to accept excludes allottee from all benefits in lands and estates allotted to any other person, and the Commissioners can appoint a Bailiff or rent receiver with full power to manage the allotment in question, any surplus of profits to go to the original allottee who has refused to accept—until he changes his mind and accepts it.
Allotments are to be of the same tenure as the estates for which they are claimed. The Herbage of the Lanes and Public Roads to be allotted to such person or persons as the Commissioners direct.
A special clause to exempt Laleham Burway from division.
Incroachments.—Not mentioned.
Fencing.—No instructions given; except that when an allotment abuts on the highway, the fences are to be kept up by the owner.