Tithe Owners.—Not mentioned.
Allotment of Residue.—After part has been sold for expenses (see below) and after allotment to the Lords of the Manor, the residue is to be divided amongst the eleven townships and Dog Dyke in proportion and according to the number of Houses and Toftsteads in each parish. For Brothertoft and Dog Dyke there are special arrangements; in the ten remaining townships or parishes, the following method is to be pursued:—For each House or Tenement there must be 4 acres, and for each Toftstead 2 acres allowed; when this proportion has been set out, the remainder is to be shared out in proportion to the Dyke-reeve assessments before the passing of a recent drainage Act. Quantity, Quality, and Situation are to be considered. Special provision.—Boston West is to have the same proportion of fen as Frampton.
The share that each of the above ten townships receives is to be the common fen belonging to the township or parish, subject to the same common rights as the present fen, and is to be contiguous to the township.
Brothertoft and Dog Dyke allotments.—The allotment for Brothertoft is to be half as many acres as are allotted to Boston West, and is to go to Sir Charles Frederick, sole owner and proprietor, and to be near Brothertoft.
The Allotment to Dog Dyke is to be calculated in reference to the share that Brothertoft receives. Each House or Toftstead in Dog Dyke is to have ⅔ of the proportion that each House or Toftstead in Brothertoft is assigned. The Dog Dyke Allotment is to go to Earl Fitzwilliam, the sole owner, and is to be near the Earl’s gardens.
If any half-year lands, and other inclosed lands, directed to be sold (see Expenses) remain unsold, these are to be sold and the leases are to be allotted to the parishes in such proportions as the Commissioners direct.
An award is to be drawn up and its provisions are binding and conclusive.
Fencing.—Each township’s share is to be divided by an 8-feet wide ditch and a quick hedge, and guarded with a fence and rail 4½ feet high, with double bars of fir or deal and with oak posts; the fence and the rail are to be nailed or mortified together. The Commissioners do this fencing out of the money raised for defraying the expenses of the Act, but each township is to keep up its fences according to the Commissioners’ directions. The fences, etc., are to be made within 18 months.
Penalty for wilfully and maliciously cutting, breaking down, burning, demolishing, or destroying any division fence:
1st offence (before 2 J.P.’s), fine of £5 to £20, or from 1 to 3 months in House of Correction.