Stone Quarries are to be vested in the landholders. Allotments to be of the same tenure as the property in virtue of which they are given. Timber is to belong to copyholders as if they were freeholders. Disputes arising in the execution of the Act, which do not affect the persons in general interested in the Inclosure, can, if all the Parties concerned in the particular dispute wish it, be referred to some other Arbitrator or Arbitrators not mentioned in the Act, and his or their decision is to be final.
Incroachments.—(1) Incroachments 40 years old and upwards, with all buildings thereon, to be absolute property of persons in possession; but Copyhold.
(2) Incroachments made within 40 years.
(a) If incroachers are also owners who have a right of common, then the incroachments are to be given as their respective allotments (reckoning the value of the land only). If any particular incroachment is bigger than the allotment to which the incroacher is entitled, the surplus ground is to be treated as ordinary distributable ground.
(b) If incroachers are not entitled to right of common, then their incroachments, together with all the buildings on them, are to go to the King as Lord of the Manor; But whereas these incroachments ‘consist chiefly of Buildings and Inclosures which have been erected and inclosed, or are held and enjoyed by poor Persons who have, by their own Industry and Labour, built and improved the same, or by Persons who have been at considerable Charges therein,’ His Majesty is graciously pleased to grant Leases for 40 years in possession, ‘to the End no Person whatsoever may be removed from or deprived of his, her, or their present Possessions.’ These leases are to hold good even though not amounting to one-third of the improved annual value of the incroachments. After 40 years, full rents must be taken. Exception to (2 b).—Small incroachments made for Workhouses, for cottages of Poor chargeable to the Parish, or for Free Schools, are to be assigned to Trustees for benefit of the users.
In spite of above provisions any Incroachments which the Commissioners think fit can be set out for roads, ditches, or fences, etc.
Fencing.—In the paragraph about selling land for expenses it says that the Ring fences to be made by Commissioners, but elsewhere it says fencing to be done by allottees under Commissioners’ directions. Exception.—Tithe allotments which are to be fenced by other proprietors, and certain other cases. If allottees do not fence, Commissioners do it for them and charge. If any persons think their allotments not worth fencing, then two or more of them whose allotments are contiguous can agree to leave them unenclosed, provided that within 12 months they set up a good stone wall or other substantial Fence between their allotments and those of others. They must keep this wall or fence in repair always.
No sheep or goats to be kept for 7 years in any Inclosure adjoining a boundary fence, unless a special wall or Pale-fence is provided.
Expenses.—To be defrayed by sale at auction of parcels of land. Any surplus to be distributed amongst allottees in proportion to allotments. But if a Majority in Value of the persons interested do not wish any land sold, they can signify the same in writing, and can deposit a sufficient sum of money for the purposes of the Act with the Commissioners, and then the provisions for sale cease. Mortgages, in certain cases up to 50s. an acre, to meet expenses are allowed.
Roads.—In Award, Commissioners are to give orders for laying out roads, etc.