Allotment of Residue.—The land to be divided among the various persons interested ‘in proportion and according (Quantity, Quality and Situation considered) to their several and respective Shares, Rights, and Interests therein.’ If the Commissioners think that any of the allotments in the common fields are too small to be worth enclosing they may lay such proprietors’ allotments together.
Certain principles to be followed.—Owners of cottage commons who are also proprietors of lands in the open fields are to have their allotment in virtue of their Right of Common added to the other allotment to which they are entitled.
Owners of cottage commons who do not possess land in the open fields as well, are to have their allotments put all together for a cow common, with such stint as the Commissioners decide. But if they wish for separate allotments they may have them.
Allotments must be accepted within six months after award. Failure to accept excludes allottee from all ‘Benefit Advantage’ by this Act, and also from all estate right or interest in any other allotment. (Saving clause for infants, etc.)
The award is to be drawn up; ‘and the Award, and all Orders, Directions, Regulations, and Determinations therein contained, and thereby declared, shall be binding and conclusive to and upon all Persons whomsoever.’ Tenure of allotments to be that of estates in virtue of which they are granted. Copyhold allotments can be enfranchised if wished, the Commissioners deducting a certain amount as compensation for Lord of the Manor. Allottees lose all Right of Common on any common in adjoining parishes.
Incroachments.—Not mentioned in Act.
Exchanges.—Allowed (as always). Also former exchanges can be confirmed by the Commissioners ‘notwithstanding any legal or natural Incapacity of any Proprietor or Owner having made any such Exchanges.’
Fencing.—To be done by allottees. If any person has an undue proportion Commissioners have power to equalise.
Exceptions.—(1) Fences of cow common allotment for those who have Cottage Common only (see above), which are to be made and kept in repair by the other proprietors; but if these allottees choose to have separate allotments they must fence them themselves.
(2) Allotment for the Poor (30 acres).—To be fenced by other proprietors.