The village labourer, 1760-1832 / A study in the government of England before the Reform Bill

by J. L. Hammond; Barbara Bradby Hammond

Whereas the Archbishop claims that Norwood Woodlands (295 acres) are exempt from all tithes, this claim is to be determined by the Commissioners or at law, and if not found good, another parcel to be set out as full equivalent.

But the tithe allotments in all are not to equal in value more than one-ninths of the Commons, marshes etc.

For Vicar’s tithes over Norwood Common, an equivalent parcel of land.

Provisions for the Poor.—If the inhabitants of Croydon prove their claim to Rights of Common on Norwood Common, and in Norwood Commonable Woods to the satisfaction of the Commissioners, or before a Court (if it is tried at law) then the Commissioners are to set out from the Commons, Wastes, etc., as much land as they judge to be equivalent to such right, ‘having particular Regard to the Accommodation of Houses and Cottages contiguous to the said Commons, etc.,’ and this land is to remain common, for the use of the inhabitants of Croydon, subject to the right of getting gravel from it. Suppose, however, that the inhabitants’ claim is not allowed, or if allowed does not equal 215 acres of common in value: even then the Commissioners are to set out 215 acres for the above purpose. These 215 acres are to be vested in the Vicar, Churchwardens, Overseers, and 6 Inhabitants chosen at a Vestry meeting. These trustees can inclose as much as a seventh part and let it on lease for 21 years. They are to manage the common with regard to stint, etc., and to dispose of rents.

Allotment of Residue.—The open common fields, commons, marshes, etc., to be divided amongst the several persons ‘according to their respective Rights and Interests,’ due regard being paid to Quality, Quantity, and Situation, and the allotments being placed as near the Homesteads, etc., as is consistent with general convenience.

All houses erected 20 years and more before the Act, and the Sites of all such houses to be considered as ancient messuages entitled to right of common, with the exception of houses built on encroachments, the owners of which are to have whatever allotment the Commissioners think fair and reasonable.

The Commissioners are to give notice of a place where a schedule of allotments can be inspected and of a meeting where objections can be heard. The Commissioners are to hear complaints, but their determination is to be binding and conclusive on all parties.

When the award is drawn up ‘the said Allotments, Partitions, Divisions, and Exchanges, and all Orders, and Directions, Penalties, Impositions, Regulations and Determinations so to be made as aforesaid, in and by such Award or Instrument, shall be, and are hereby declared to be final, binding and conclusive unto and upon all Persons interested in the said Division and Inclosure.’ Persons who refuse to accept within an appointed time, or who molest others who accept, are ‘divested of all Right of Possession, Right of Pasturage and Common, and all other Right, Estate and Interest whatsoever in the allotments.’ Allotments are to be of the same tenure as the estates in right of which they are given. Copyhold allotments in the Manors of Croydon and Waddon can be enfranchised by the Commissioners at the request of the allottees, a part of such allotments being deducted and given to the Archbishop for compensation. Allotments may be laid together if the different owners wish it.

Incroachments.—Those made within 6 months not to count. Those of 20 years old and over to remain with present possessor, but not to confer right to an allotment.

Encroachments under 20 years old, (1) if the encroacher has a right to an allotment, then it shall be given to him as whole or part of that allotment (not reckoning the value of buildings and improvements); (2) if the allotment to which he has a right is unequal in value to the encroachment, or if he has no right to an allotment, he can pay the surplus or the whole price at the rate of £10 an acre; (3) if the encroacher cannot or will not purchase, the Commissioners are to allot him his encroachment for which he is to pay rent at the rate of 12s. an acre a year for ever, such rent being apportioned to whomever the Commissioners direct as part of their allotment.