Owners of old inclosures who have not large enough allotments to pay their due proportion of the tithe allotments, are to pay a lump sum of money instead; unless the Commissioners deem it convenient to allot part of the old inclosures to the tithe owners instead; in which case the land so set out is to ‘be deemed Part of the Lands to be divided, allotted, and inclosed by virtue of this Act.’
Full equivalent to the Vicar for his Glebe Lands and their right of Common.
For Stone, Gravel, etc.—From 2 to 3 acres; ‘to be used and enjoyed in Common’ by proprietors and inhabitants, ‘for the Purpose only of getting Stone, Gravel, or other Materials for making and repairing the Roads and Ways within the said Parish.’ Herbage of above to be allotted to whomsoever Commissioners direct, or for some general, parochial or other use.
To Proprietors of Cottages.—Every proprietor or owner of a cottage and land of the annual value of £4 or under is to have from ½ acre to 2 acres ‘as they the said Commissioners shall think proper.’
Allotment of Residue.—Amongst the various persons interested according to their respective rights and interests. Allotments to be as near homestead or old inclosure as conveniently may be. If two or more persons with allotments of not more than 2 acres each want to have the same laid together in order to avoid the expence of inclosing, they are to give notice to the Commissioners, and the Commissioners are then to put these allotments together ‘and in and by their Award to direct how and in what manner such small Allotments shall be cultivated, and in what Manner and Proportion, and with what Cattle the same shall be stocked, depastured and fed, during the Time the same shall lie open to each other,’ and if at any time the Major part of proprietors of the small Allotments wish it, they are to be inclosed.
Award with full particulars of allotments and of orders and regulations for putting Act in execution to be drawn up, and to be ‘binding and conclusive upon and to all Persons, to all Intents and Purposes whatsoever.’
Allotments to be of same tenure as property in virtue of which they are given. Allotments must be accepted within 6 months; if allottee fails to accept, the Commissioners can put in a salaried Bailiff or Receiver to manage allotment till allottee accepts, when any surplus profits are to be handed over to allottee. (Saving clause for infants, etc.).
Fencing.—To be done by respective allottees according to Commissioners’ directions.
Exceptions.—(1) In the case of allotments to Trustees for parochial or charitable purposes, the Commissioners are to deduct a portion for these allottees’ share of fencing and expenses. This deducted land is to be divided amongst other proprietors. The Commissioners do the fencing.
(2) Glebe and Tithe Allotments to be fenced by other proprietors, and the fences to be kept in repair for 7 years at expense of persons named by the Commissioners.