(1) Common Fields and Sheep Downs are to be divided ‘by and according to the Parts and Proportions of the Arable Lands lying in the said Common Fields, where the said Parties respectively now are, or, at the Time of such Allotments so as aforesaid to be made shall be intitled to.’
(2) Meadow Grounds, Commons, Common Heaths, and other Waste Grounds to be divided ‘according to the Sum or Sums of money which the said Parties and each of them now stand charged with towards the Relief of the Poor of the said Parish’ in respect of their lands which have right of common.
Special Clause.—In case it appears to the Commissioners that any persons who have no land, nevertheless have a right of common, then the Commissioners can allot such person such part of the land to be inclosed as they think an equivalent for such right of common. In order to prevent all Differences and Disputes, the Commissioners are to draw up an Award, and this Award shall be binding and conclusive to all and every Person and Persons interested. Failure to accept within 6 months excludes allottee from all benefit and advantage of this Act, and also ‘from any Estate, Interest or Right of Common, or other Property whatsoever’ in any other allotment. (Saving clause for infants, etc.)
Incroachments.—Not mentioned.
Fencing, etc.—To be done by allottees in such proportions as Commissioners direct. Such directions to be put in award, and to be final and binding. Fences to be made within 12 months, or some other convenient space of time.
If an allottee fails to fence, his neighbour can complain to a J.P. (not interested in the inclosure), who can authorise complainant to do it, and either charge defaulter or to enter on premises and receive rents till expenses paid. Exception.—Allotment of Copyholders and leaseholders for one or more lives are to be fenced partly by the Lord of the Manor and partly by the allottees in such proportion as the Commissioners (or 4 of them) direct.
Expenses.—(1) Expenses of obtaining and passing the Act to be borne by the Lords of the Manor.
(2) Expenses of carrying out the Act (survey, allotment, Commissioners’ charges, etc.) to be borne by the several allottees in proportion to the Quantity of Land allotted to them, or otherwise as Commissioners direct. Exception.—Tithe owners’ share to be borne by the Lords of the Manor. Commissioners can distrain for payment.
Trustees, Tenants in Tail or for Life may mortgage up to 40s. an acre.
Compensation.—Leases and agreements at Rack Rent to be void, owners making such compensation to Lessees as Commissioners judge right.