Payment.—Nothing stated.
Claims.—Commissioners to examine into and determine on all claims; and ‘in case any Difference or Dispute shall arise between all or any of the Parties interested in the said Division and Inclosure, with respect to the Premises, or any Matter or Thing herein contained or consequent thereon, or in relation thereunto, the same shall be adjusted and finally determined between the said Parties, and every of them, by the said Commissioners, or any Three or more of them.’ Commissioners can examine witnesses on oath, ‘and the Determinations of the said Commissioners, or any Three or more of them therein, shall be binding and conclusive to all and every the said Parties....’
System of Division—Special Provisions:
Lords of the Manor (Edward Weld, Esq., of Winfrith Newburgh; George Clavell, Esq., of Langcotts and East Fossell).—No special provision for allotment. Their Manorial Rights are not to be prejudiced by Act except as regards ‘the Mines, Delves, and Quarries lying within and under such Parts, Shares, and Proportions of the said Common Fields, Meadow Grounds, Sheep Downs, Commons, Common Heaths and other Waste Grounds, as shall or may be allotted and assigned to the several other Freeholders and Owners of Lands’ within these Manors ‘or to any Person or Persons not having any Lands within the said In-Parish or Manors, or within the Precincts thereof as aforesaid, in Lieu of or as an Equivalent for such Right or Claim as aforesaid; and other than and except such Common of Pasture and other Common Rights as can or may be claimed by or belonging to the Lord or Lords of the said Manors in and upon the Premises so intended to be divided and inclosed as aforesaid.’
Tithe Owners.—Tithe owners to have the same rights to Tithes over the land about to be inclosed as they have over the lands already inclosed.
If arable land is converted to pasture on inclosure (for Dairy Cows or Black Cattle) then allottees shall pay an annual 3s. an acre to tithe owners as compensation for corn tithes. Allotments given in virtue of estates which are Cistertian Lands, are to be deemed Cistertian Lands too, i.e. to have same exemption from tithes, but any Cistertian Lands which are allotted are to be under the same obligations for tithes as the estates in virtue of which they are allotted.
Provision for the Poor.—None.
Provision for Fuel Allotment.—Commissioners are to ascertain and determine all Rights of Common over the land to be enclosed, and are then to set out such part or parts ‘as shall appear to them to be sufficient, and to be conveniently situate for the preserving and raising Furze, Turf, or other Fuel, for the Use of the several Persons’ who shall appear to the Commissioners to be intitled to a Right of Common.
Allotment of Residue.—Amongst all persons who appear to the Commissioners to be intitled to a Right of Common, or to have or be intitled to any other Property in the said Common Fields, etc., in such proportions as the Commissioners judge right ‘without giving any undue Preference,’ and with due regard to Quality, Quantity, and Situation.
But the following Rules are to be observed with regard to proportions:—