XII. And be it further enacted, that such commissioner or commissioners in making the several allotments directed by any such act, shall have due regard as well to the situation of the respective houses or homesteads of the proprietors, as to the quantity and quality of the lands and grounds to be allotted to them respectively, so far as may be consistent with the general convenience of the said proprietors; and that such commissioner or commissioners in making the said allotments shall have particular regard to the convenience of the owners or proprietors of the smallest estates in the lands and grounds directed to be allotted and exchanged.
XIV. And be it further enacted, that the several shares of and in any lands or grounds shall, when so allotted, be and be taken to be in full bar of and satisfaction and compensation for their several and respective lands, grounds, rights of common, and all other rights; and that from and immediately after the making the said division and allotments, and the execution of the award, all rights whatsoever, by such act intended to be extinguished, belonging to or claimed by any person or persons whomsoever, bodies politic or corporate, in, over, or upon such lands or grounds, shall cease, determine, and be for ever extinguished.
[XXIV and XXIX. If allotments are not enclosed and fenced within an appointed time the commissioners may have the work done and charge the expense to the proprietor or let the allotment and apply the rents till the expenses are paid. If it has been provided by an act that the expenses of obtaining and executing it are to be shared among the proprietors of allotments the commissioners may levy them by distress and sale of the goods of those who fail to pay at the appointed times.]
XXXII. And be it further enacted, that in case it shall be provided by any such act, that the expenses attending the same shall be paid by sale of any part of the land so to be inclosed, the said commissioner or commissioners shall mark and set out such part or parts of the said waste or commonable lands, as in his or their opinion will by sale thereof raise a sum of money sufficient to pay and discharge all such charges and expenses as may by any such act be directed to be paid and discharged out of the same; and the said commissioner or commissioners shall sell such part or parts of the said lands to any person or persons for the best price or prices that can be gotten for the same.
XXXV. And be it further enacted, that as soon as conveniently may be after the division and allotment of the said lands and grounds shall be finished, pursuant to the purport and directions of this or any such act, the said commissioner or commissioners shall form and draw up, or cause to be formed and drawn up, an award in writing, which shall express the quantity of acres, roods, and perches, in statute measure, contained in the said lands and grounds, and the quantity of each and every part and parcel thereof which shall be so allotted, assigned, or exchanged, and the situations and descriptions of the same respectively, and shall also contain a description of the roads, ways, footpaths, watercourses, watering places, quarries, bridges, fences, and land marks, set out and appointed by the said commissioner or commissioners respectively as aforesaid, and all such other rules, orders, agreements, regulations, directions, and determinations, as the said commissioner or commissioners shall think necessary, proper, or beneficial to the parties; which said award shall be fairly ingrossed or written on parchment, and shall be read and executed by the commissioner or commissioners, in the presence of the proprietors who may attend at a special general meeting called for that purpose, of which ten days' notice at least shall be given in some paper to be named in such act and circulating in the county, which execution of such award shall be proclaimed the next Sunday in the church of the parish in which such lands shall be, from the time of which proclamation only, and not before, such award shall be considered as complete.
XL. And be it further enacted and declared that nothing in such act contained shall lessen, prejudice, or defeat the right, title, or interest of any lord or lady of any manor or lordship, or reputed manor or lordship, within the jurisdiction or limits whereof the lands and grounds thereby directed to be divided and allotted are situate, lying, and being of, in, or to the seigniories, rights, and royalties incident or belonging to such manor or lordship, or reputed manor or lordship, or to the lord or lady thereof, or to any person or persons claiming under him or her, but the same (other than and except the interest and other property as is or are meant or intended to be barred by such act) shall remain, in as full, ample, and beneficial manner, to all intents and purposes, as he or she might or ought to have held or enjoyed such rights before the passing of such act, or in case the same had never been made.
[349] Ibid. p. 42.
9. General Enclosure Act [Statutes, 8 and 9 Victoria, 118], 1845.
An act to facilitate the inclosure and improvement of commons and lands held in common, the exchange of lands, and the division of intermixed lands; to provide remedies for defective or incomplete executions, and for the non-execution of the powers of general and local inclosure acts; and to provide for the revival of such powers in certain cases.
... Be it therefore enacted ... that it shall be lawful for one of her Majesty's principal secretaries of State to appoint any two fit persons to be commissioners under this act ... and the commissioners shall, with the first commissioner of her Majesty's woods, forests, land reserves, works and buildings for the time being, be the commissioners for carrying this act into execution.