Report and Enumeration of Consents.—May 3, 1797.—Mr. Lygon reported from the Committee that the Standing Orders were complied with; that the allegations were true; and that the Parties concerned had consented to the satisfaction of the Committee ‘(except the Owners of Property assessed to the Land Tax at £11, 0s. 5d., and that the whole of the Property is assessed at £86, 14s. 10d.) and that no Person appeared before the Committee to oppose the Bill.’ (Nothing about hearing Petitioners.) Bill passed both Houses with some amendments. In the House of Lords an amendment was made about referring the quarrel between the Vicar of Ashelworth and the Rector of Hasfield on the subject of tithes to arbitration. Royal Assent, June 6, 1797.
Main Features of Act.—(Private, 37 George III. c. 108.)
Commissioners.—Three appointed. Richard Richardson of Bath: Francis Webb of Salisbury: Thomas Fulljames of Gloucester, Gentlemen. Two to be a quorum. Surveyor to be appointed by Commissioners. Vacancies, both Commissioners and Surveyors, to be filled up by remaining Commissioners from persons not interested. If they fail to fill up, ‘the major part in value’ of the Proprietors and Persons interested can do so.
Payment to Commissioners.—2 guineas each working day. Survey to be made, unless the existing one seems satisfactory and correct.
Special Clauses.—It is enacted ‘That all Fields or Inclosures containing the Property of Two or more Persons within One Fence, and also all Inclosures containing the Property of One Person only, if the same be held by or under different Tenures or Interests, shall be considered as Commonable Land, and be divided and allotted accordingly.’
Also ‘all Homesteads, Gardens, Orchards, old Inclosures, and other Lands and Grounds,’ shall, with the consent of their proprietors or Trustees, ‘be deemed and considered to be open and uninclosed Land for the Purpose of the Division and Allotment hereby intended,’ provided that Charles Hayward has to get Bishop of Bristol’s consent.
Claims.—All claims to be delivered in writing at first and second Meeting, and no claim to be received after second Meeting, except for some special cause allowed by Commissioners. Commissioners to hold a subsequent meeting and give account in writing of what claims are admitted and rejected.
Persons whose claims are rejected can bring an action on a feigned issue against some other Proprietor. Verdict to be final and conclusive. If Plaintiff wins, Commissioners pay costs; if Defendant wins, Plaintiff pays. Action must be brought within a specified time (3 months).
Exceptions.—(1) If the Commissioners disallow the claim of the Dean and Chapter of Westminster to the Right of Soil in ‘A,’ then the Dean and Chapter may bring an action within 12 months against the Bishop of Bristol and Charles Hayward for ascertaining the rights of soil. Costs to be paid by losers.
(2) If the Commissioners allow the above claim, then the Bishop of Bristol or Charles Hayward can bring an action mutatis mutandis.