Expenses.—Part of the Commons and Waste Grounds is to be sold to cover the expences; if the proceeds do not cover the costs the residue is to be paid by the allottees in proportion to their shares, and any surplus is to be divided among them, But Hospitals, Schools, and Public Charities are exempted from this payment, a portion of their allotments, in fact, having been already deducted in order to pay their share of Expenses. The Commissioners are to keep an account of Expenses, which is to be open to inspection. The owners of Ings are to pay a sum of money in return for the extinction of the right of Eatage (referred to by the Petitioners) on their land from August 12 to April 5; and this money is to be applied for the purposes of the Act.
If allottees find the expenses of the Act and of fencing more than they can meet, they are allowed (with the consent of the Commissioners) to mortgage their allotments up to 40s. an acre. If they dislike this prospect, they are empowered by the Act, at any time before the execution of the Award, to sell their rights to allotment in respect of any common right.
Compensation to Occupiers.—Occupiers are to pay a higher rent in return for the loss of the use of common rights. The clause runs as follows:—‘That the several Persons who hold any Lands or other Estates, to which a Right of Common upon the said Commons and Waste Grounds is appurtenant or belonging, or any Part of the said Open Common Fields or Inclosures, by virtue of any Lease, of which a longer Term than One Year is unexpired, shall and are hereby required to pay to their respective Landlords such Increase of Rent towards the Expences such Landlords will be respectively put to in Consequence of this Act, as the said Commissioners shall judge reasonable, and shall by Writing under their Hands direct or appoint, having Regard to the Duration of such respective Leases, and to the probable Benefit which will accrue to such respective Lessees by Reason of the said Inclosure.’
Roads.—Commissioners to have full power to set out and shut up roads and footpaths (turnpike roads excepted).
Power of Appeal.—To Quarter Sessions only, and not in any cases where the Commissioners’ decisions are final, binding, or conclusive, as they are, e.g. on claims (except the Earl of Strafford’s) and on allotments.
Award.—Not with Clerks of Peace or of County Council, or in Record Office.
APPENDIX A (12)
Winfrith Newburgh, Dorset.—Enclosure Act, 1768
Area.—2254 Acres or thereabouts.
Nature of Ground.—Common Fields, Meadow Grounds, Sheep Downs, Commons, Common Heaths, and other Waste Grounds.