Provisions are also made for giving encroachers allotments elsewhere instead, in certain cases.
Fencing.—To be done by allottees. If the proportion of fencing to be done by any allottee is unfair, the Commissioners have power to equalise it. Exception.—(1) The allotment to Rector for Tithes which is to be fenced at the expense of or by the person or persons whom the Commissioners appoint; (2) The allotments belonging to certain estates leased out at reserved rents by the Archbishop and by Trinity Hospital for 21 years, are to be fenced by the lessees; to compensate lessees new leases are to be allowed; (3) Allotments to Charity Estates (except Trinity Hospital) are to have a part deducted from them and be fenced by the Commissioners. If any proprietor refuses to fence, his neighbour can, on complaint to a J.P., obtain an order or an authorisation to enter, do the fencing, and take the rents till it is paid for.
Guard fences to protect the quickset are allowed.
Penalty for damaging fences from 40s. to £10. The owner of the damaged fence may give evidence. Half the penalty goes to the informer and half to the owner. But if the owner informs, the whole penalty goes to the Overseer.
Estates may be mortgaged up to 40s. an acre to meet expenses of fencing. Roads are not to be depastured for 10 years.
Expenses.—To meet all expenses (including the lawsuits on feigned issues) part of the Commons, Wastes, etc., are to be sold by public auction. Private sales are also authorised, but no one person may buy privately more than 2 acres; except that if James Trecothick, Esq., so wishes, the Commissioners are to sell him by private contract part of Addington Hills at what they judge a fair and reasonable price.
Any surplus is to be paid to the Highways or Poor Rates within 6 months after award. Commissioners are to keep Accounts, which must be open to Inspection.
Common Rights and Interests may be sold before the execution of the award by allottees except the Archbishop, the Vicar, Trinity Hospital, and Trustees for Charitable purposes.
Compensation to Occupiers.—In the case of leases at rack-rent the Commissioners are to set out the allotment to the owner, but the owner is to pay fair compensation to the tenant for loss of right of common, either by lowering his rent or by paying him a gross sum of money as the Commissioners direct. Exception.—If the Commissioners think it a more equitable course they may allot the allotment to the tenant during his lease, and settle what extra rent he shall pay in respect of the owner’s expense in fencing, etc.
Satisfaction for crops, ploughing, tilling, manuring, etc. is to be given in cases where the ground is allotted to a new possessor.