Provisions for Tithe Owners.—None.
Provisions for the Poor.—(1) Allotment to Cottagers of 8½ acres in six or more distinct and separate places, as near as possible to the Cottages on or adjoining the Common ‘which shall for ever hereafter remain open and uninclosed, and shall be used and enjoyed by the Occupiers of the several Cottages or Dwelling Houses now or hereafter to be built within the said Township of Armley, for the setting up and using of Tenters, Stretchers for Warp, Wool Hedges,’ etc., under the direction of the Minister, Chapel Wardens, and Overseers. No buildings are to be erected on this ground, and no rent paid for the use of it; no roads or paths may be made through it, and no buildings erected within 20 yards on the South or West.
(2) Allotment to the Poor.—2 acres, to be vested in the Minister, Chapel Wardens, and Overseers, and used for a Poor House, School House, and for the benefit of a School master. Until used for these purposes, the rent and profits are to go towards the Poor Assessment.
Allotment for Stone for roads, etc.—5 acres (for the making and repairing of highways and private roads).
Allotment of Residue.—To be divided out amongst the persons having right of common according to their several rights and interests, quantity, quality, and situation considered, provided ‘that in case it shall be determined that the Owners of any Messuages or Cottages, or Scites of Messuages and Cottages, are entitled to Right of Common on the said Common or Waste Ground, then that the said Commissioner ... shall award and allot such Parcels of the Common and Waste Ground to the Owners of such Messuages or Cottages, as have been erected for Sixty Years and upwards, unless the same shall have been erected upon the Scite of an ancient Messuage or Cottage, as to him ... shall appear a fair Compensation for such Right,’ and in making this allotment he is not to pay any regard to the value of these Messuages and Cottages one to another, except with reference to the Quantity of land. If any allottee is dissatisfied with his share, he can appeal for arbitration to the Recorder of Leeds, whose decision is to be final, except in cases where the question concerns any Right of Common claimed ‘for or in respect of any ancient Houses or Scites of Houses, Lands or Grounds,’ when there may be an appeal at law, if notice is given within a specified time. Allotments must be accepted within 6 months after award. Failure to accept excludes allottee from all benefits. (Saving clause for infants, etc.).
Incroachments.—(1) Incroachments 60 years old and more to be treated as old inclosures with right of common, except such Incroachments as have been made by or for the Curate of Armley for the time being. (2) Incroachments from 40 to 60 years old to remain with possessors but not to confer any right of common. (3) Incroachments made within 40 years to be deemed part of the Common to be divided, but to be allotted to present holders as part of their allotments. But if they do not lie adjoining the incroacher’s ancient estates then the Commissioner can allot them to anyone, giving ‘adequate Satisfaction for any Improvement’ to the incroacher. The above does not apply to two inclosures made by Stephen Todd, Esqr. and by Joseph Akeroyd which are to be allotted to them respectively under their present indentures of lease.
Fencing.—To be done by allottees under the Commissioner’s directions. Exception.—The allotment of 2 acres for the poor is to be fenced and enclosed at the expense of the other proprietors. If allottees refuse to fence, the Commissioner can do it for them and charge them, ultimately distraining. To protect the young quickset, no sheep or lambs are to be depastured in allotments for 7 years, unless special fences are made, and no cattle, sheep or lambs are to graze in the roads and ways for 10 years.
Expenses.—To be paid by the proprietors in such proportion as the Commissioner decides. The Commissioner’s accounts are to be entered in a book, and produced when 5 proprietors require it. To meet expenses, allotments may be mortgaged in some cases, with consent of the Commissioner, up to 60s. an acre.
Compensation to Occupiers.—All leases, as regards right of common and other rights on the waste ground for 21 years and under to be null and void, the lessor making such satisfaction to the lessee as the Commissioner thinks a fit equivalent.
Roads.—Commissioners have full power to set out and stop up roads and footpaths.