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An

ACT

For

Dividing a certain heath called Somersham heath in the County of Huntingdon and for dividing and inclosing such parts of the said heath as shall be allotted to the parishes of Woodhurst, Somersham and Pidley with Fenton and also Open Fields and Commonable lands within the said parishes.

Wjereas there is within the several parishes of Somersham, Pidley cum Fenton, Bluntisham with Earith, Holywell and Needingworth, Colne, St Ives, Woodhurst and oldhurst in the County of Huntingdon orin some or one of them a certain Common or Parcel of waste ground called Somersham heath reputed to contain about two thousand six hundred and twenty five acres:

And whereas there are within the said parishes of Woodhurst, Somersham and Pidley with fenton, several open common fields, Common Meadows, Common Pastures and other Commonable and waste Grounds:

And whereas the Most Noble William Duke of Manchester is Lord of the several manors of Holywell with Needingworth and Saint Ives with the Sleap and Burstellars; and Thomas Woollaston White Esq. claims to be Lord of the Manor or Lordship of Sleap in Saint Ives aforesaid, and Robert Burton Esquire is Lord of the several manors of Somersham Pidley with fenton, Bluntisham with Earith, Colne and Woodhurst and as Lord of the said manor of Woodhurst claims a Paramountship over the said Heath; and the reverend John Fountayne, DD Dean of York is Lord of the Manor of Oldhurst and Isaac Sharpless Junior Esquire is Lord of a certain manor called Colne Dunholts within the said Manor of Colne; and the Dean and Chapter of Ely are Lords of a certain Manor called Bluntisham Stockings within the said manor of Bluntisham with earith, and Richard Lord Bishop of Llandaff as regius Professor of Divinity in the University of Cambridge is Lord of the Rectory Manor of Somersham; the said Lords or some of them are entitled to the Right of Soil within their respective Manors.

And whereas the said Robert Burton is also Impropriator of the Impropriate Rectory of Woodhurst aforesaid and in right thereof is entitled to certain Glebe Lands, Parcel of the Common and Open Fields of Woodhurst aforesaid and to the Rectorial Tythes arising within the Rectory of Woodhurst aforesaid; except such parts thereof as are discharged of Tythes by Prescription or otherwise; and the said Richard lord Bishop of Llandaff as Regius professor of Divinity in the said University is rector of the rectory of Somersham, Pidley with fenton and Colne aforesaid and as such is entitled to all the Tythes both Great and Small arising within the said Rectory; and the Reverend John Jacob Oakes, Clerk is Rector of Bluntisham with Earith aforesaid and as such is entitled to all the Tythes both Great and Small arising within the said Rectory; and Henry Grace Esquire is Impropriator of the Rectory of Saint Ives aforesaid and as such is entitled to all the impropriate arising within the said Rectory; and the Reverend Benjamin Hutchinson Clerk is Rector of the Rectory of Holywell with Needingworth aforesaid and as such is entitled to all the Tythes both Great and Small arising within the said Rectory; and George Morgan Esquire is Improprietor of the Rectory of Oldhurst aforesaid and as such is entitled to all the Impropriate Tythes arising within the said Rectory; and the Reverend Thomas Smith, Clerk is Vicar of the parish of Saint Ives with the chapelries of Woodhurst and Oldhurst annexed and as such is entitled to all the Vicarial and Small Tythes arising within the said Vicarage and Chapelries; except such parts thereof as are discharged of Tythes by Prescription or otherwise:

And whereas the said Lords Impropriators, Rectors and Vicar and also Samuel Knight Esquire, Joseph Barnes Esquire, George Thomson esquire, John Bull esquire, Edward Holdich Esquire, Edward Theed esquire, John Sturges D.D., William Cole, Clerk, John Wilson, Clerk, Thomas Whiston, Clerk, Bartholomew Ibbott, Henry Kent, Denne Ibbott, Peter Cowling, John Rumbal Leeds, William Mason, John Lindsell, James Mann, John Whetham, Ellington Wright, George Ekins, Francis Low, Gentlemen, and divers other persons as owners of ancient Messuages, Cottages, Toftsteads and Lands within the said Parishes respectively or otherwise, claim to be entitled to certain sheepwalks or exclusive rights of foldage, rights of common, and other rights and privileges, in and upon the said heath and several of such persons are entitled to or interested in the Common Fields and other Commonable Lands and Waste Grounds within the said Parishes of Woodhurst, Somersham, and Pidley with Fenton:

And whereas the said Thomas Woollaston White claims an exclusive right of sheepwalks and an exclusive right of foldage and other rights and privileges in, over and upon the said heath:

And whereas the said Henry Grace is the owner of a certain estate or farm situate and being in the said Parish of Woodhurst called Weken otherwise Wigan Farm, and claims certain other rights and privileges; and also claims to be entitled to an exclusive right of foldage and course of foldage of sheep with the appurtenances upon the said heath now called Weken Sheepwalk, in severality, and a certain piece of land, parcel of the said Heath, called Limehill and claims to be discharged of Tythes of the said farm called Weken otherwise Wigan, except a small part of about five acres thereof, more or less, called Pells Hole, and of the said Sheepwalk and Limehill:

And whereas it would be advantageous to the several persons interested in the said heath, if the same was divided between the several parishes in which Messuages, Cottages and Toftsteads and Lands to which a right of common upon the said heath is appurtenant, are respectively situate, and the respective parts thereof subdivided or otherwise enjoyed as herinafter mentioned.

And whereas the Lands of the several proprietors in the above mentioned Common Fields and other Commonable grounds in the said parishes of Woodhurst, Somersham and Pidley with fenton, lie intermixed and dispersed in small parcels and in their present situation are incapable of any considerable improvement, and it would be advantageous to the several persons interested therein, and in the Waste Grounds in the said last mentioned parishes, if the same was divided and inclosed and specific parts or shares thereof allotted to the several persons interested therein: But the purposes aforesaid cannot be affected without the authority of Parliament;

May it please your MAJESTY

That it be enacted and it be enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled and by the authority of the same, That Edward Hare of castor in the County of Northampton, George Maxwell of Fletton in the County of Huntingdon, and Charles Marion Welstead of Kimbolton in the County of Huntingdon, gentlemen, and their successors, to be elected in manner hereinafter mentioned, shall be and they are hereby appointed Commissioners for putting this Act in execution, subject to the Rules, Orders, and Directions in and by this Act directed, established and appointed; and that it shall and may be ;lawful for any two of the said Commissioners, and they are hereby fully authorised and impowered to execute, do and perform all and every, or any Act Matter and Thing whatsoever by this Act authorised to be done and performed by the said Commissioners and every such Act, matter or Thing which shall be executed, done and performed by any two of the said Commissioners shall be s valid and effectual to all intents and purposes, as if all the said Commissioners hereinbefore appointed had been present, and had been executed, done and performed by the same.

And be it further enacted that as often as any two or either of the Commissioners appointed, or to be elected by virtue of this Act, shall die, refuse, or become incapable to act, the surviving or remaining Commissioners or Commissioner shall, within twenty eight days next after such Death, Refusal or Incapacity, or so soon after as occasion shall require, by Writing under their hands and seals or hand and seal, appoint some other person not interested in the said intended Division, Allotment or Inclosure in the place of each Commissioner dying, refusing or becoming incapable to act as aforesaid; and every such new Commissioner shall have the like Powers and Authorities for putting this Act into Execution as the Commissioner in whose place he shall be appointed was by this Act invested with.

And be it further enacted that the said Commissioners shall and they are hereby required to give notice in the Churches of the said several parishes upon some Sunday immediately after Divine Service or by notice in writing or print to be affixed upon one of the doors of each of the said churches, of the time and place of their first, and every subsequent Meeting for putting this Act into execution, at least six days before every such Meeting, Meetings by Adjournment only excepted.

Provided always that no person shall be capable of acting as a Commissioner in the execution of this Act, or as a surveyor, valuer, or appraiser,  of the said Lands (unless it be the Powers hereby given the said commissioners of administering an Oath and giving notice of their First Meeting) until such Person shall have taken and subscribed the following oath; that ois to say:

“I A.B. do swear that I will faithfully, impartially and honestly, according to the best of my skill and judgement, execute and perform the several trust , powers and authorities vested and reposed in me as a commissioner {or surveyor, valuer, or appraiser, as the case may be} by virtue of an Act of Parliament, for dividing a certain heath called Somersham Heath in the County of Huntingdonshire and for dividing and inclosing such parts of the said heath as shall be allotted to the Parishes of Woodhurst, Somersham and Pidley with Fenton, and also the Open Fields and commonable lands within the said parishes according to Equity and good Conscience.

So help me God”

Which oath it shall be lawful for any one of the said commissioners, and he is hereby required to administer the same to any other of the said commissioners and also to every surveyor, valuer and appraiser, who shall be by them employed, and the said oath so taken and subscribed as aforesaid, and also the Instrument of Appointment of every new Commissioner and of every Surveyor Valuer and Appraiser (if any such there shall be) shall be enrolled with the Award hereinafter mentioned.

And be it further enacted that the said Commissioners or such other person or persons as they shall appoint shall and may from time to time, as often as they shall think necessary for the purposes of this act, enter into, view, survey admeasure and value the said Heath and all other the Lands intended to be divided, allotted or inclosed in pursuance hereof, and also all the ancient Inclosures and other Lands in the said several Parishes and the said Commissioners shall, as soon as conveniently may be, make or cause to be made a true and perfect survey, admeasurement and plan thereof, which (being delineated and reduced into writing) shall set forth the Number of Acres, Roods and Perches, in statute measure, contained in the grounds so to be surveyed, and the separate Property belonging to each Proprietor and the separate Parishes wherein each Proprietors distinct property lies and the person or persons who shall make such survey admeasurement and plan, shall verify the same upon oath at some meeting of the said Commissioners before the allotments hereinafter mentioned shall be made, which oath any one of the said Commissioners is hereby impowered and required to administer.

Provided always that if any survey admeasurement and plan already made of the said respective Lands or any part thereof shall be produced to and approved of by the said Commissioners, then the said Commissioners may, if they shall think proper,  make Use of the same for the purposes aforesaid instead of having the same lands resurveyed.

And be it further enacted that the said Commissioners shall in the first place set out and appoint such public and private Roads and Ways and also such ditches, mounds, fences, drains, watercourses, banks bridges, gates, stiles and other requisites in, over, through or upon the lands and grounds hereby directed to be divided, inclosed or allotted, as they in their discretion shall think necessary and proper, so as all such public Carriage Roads shall be and remain Forty Feet in breadth at the least between the ditches or fences, and that the said private roads and ways shall be of such breadth as the said commissioners shall order and direct;

And all such public Carriage Roads shall be well and effectually fenced out on both sides by such of the owners and proprietors of the said lands and grounds and within such time as the said Commissioners shall, by any writing under their hands, direct or appoint;

And it shall not be lawful for any person to erect any gates across any of the said public Carriage Roads or to plant any trees in or near the hedges on the sides thereof at a less distance from each other than fifty yards;

And after the said public Carriage Roads shall have been set out as aforesaid the said Commissioners shall, and they are hereby impowered and required, by writing under their hands, to appoint in each of the said parishes some proper person to be the surveyor of the said Roads, and each such surveyor shall cause such part or parts of the said Roads as shall be under his direction to be properly formed and completed and put into good and sufficient repair and shall be allowed such salary or reward for his trouble therein as the said Commissioners shall by writing under their hands direct and appoint, which salary or reward and also the expenses (over and above the statute duty) of forming the said Roads, and of putting the same in good and sufficient repair, shall be raised in like manner as the charges and expenses of obtaining and passing this Act, and carrying the same into execution, are hereafter authorised and directed to be raised;

And that none of the inhabitants of the said several parishes other than the persons interested in the said lands and grounds shall be charged or chargeable (over and above stamp duty) towards the forming and repairing of the said public Carriage Roads until the same shall be made fit for passage of travellers and carriages and shall be certified so to be by the Surveyor under whose direction the same shall then be, by writing under his hand to be delivered to the Clerk of the Peace at some Quarter Sessions of the Peace to be holden in the County of Huntingdon, and until such certificate shall have been allowed and confirmed by the said Justices at such Sessions, which said certificates respectively shall be so delivered to the Clerk of the peace at the Quarter Sessions next after the Roads referred to by the same shall be formed, completed and put into good and sufficient repair as aforesaid, and within the space of two years next after the Execution of the said award, unless sufficient reason be given, to the satisfaction of the said Justices, that a further time is necessary for that purpose, in which case the said Justices may and they are hereby impowered to allow such further time for the delivering in the said respective certificates as they shall think proper, not exceeding one year;

And in case any such Surveyor shall neglect or refuse to deliver in such certificate within the time before limited he shall forfeit and pay the sum of twenty pounds to be recovered by Distress and sale of his Goods and Chattels, by warrant under the hand and seal of any Justice of the Peace for the said County, rendering the overplus (if any) to the said Surveyor after deducting the charges and expenses of such Distress and Sale and such Penalty when recovered, shall be applied towards defraying the xpenses of carrying this Act into execution in such manner as the said Commissioners shall direct;

And that after any such certificate shall have been delivered to the said Clerk of the Peace by the said respective Surveyors as aforesaid, and shall have been allowed and confirmed at such sessions, the roads to which such certificate shall relate shall be from time to time supported and kept in repair in the same manner as the other public Roads within the same Parish are be law to be amended and kept in repair;

And the said private Roads or Ways shall be made and kept in repair at the expense of such person or persons and in such shares and proportions as the said Commissioners shall order, direct and appoint;

And after that such public and private roads and ways shall be set out and made, it shall not be lawful for any person or persons to use any other roads or ways either public or private in, over, through or upon the lands or grounds hereby directed to be allotted, divided or inclosed, either on foot or with cattle, horses or carriages;

And that all former roads and ways through the said lands or grounds shall be deemed part of the lands or grounds to be divided, allotted or inclosed by virtue of this Act;

And all hedges, ditches, mounds, fences, banks, drains, watercourses, bridges, gates stiles and other requisites, to be set out and appointed as aforesaid, shall be made at all times thereafter repaired, cleansed, maintained and kept in repair by such respective persons and in such manner as the said Commissioners shall in and by their said award, direct and appoint.

And it shall be further enacted that the said Commissioners shall and may, if they think necessary, dig and take gravel and other materials for the formation of the said roads and set out and allot any part of each separate allotment so to be mde as aforesaid, or of any part of the lands or grounds to be divided and inclosedas hereinafter mentioned, for the future repair of the several public and private highways within the parish to which the same shall respectively belong and also set out proper allotments for the digging of clay and mortar so as such allotments do not exceed three acres in each of the said Parishes;

And that all the grass and herbage growing or renewing on any of the said roads or ways or places set apart for getting materials for the repair thereof, or for clay and mortar as aforesaid, shall be and are hereby vested in such person or persons to whom the said commissioners shall award the same in and by their said Award.

And be it further enacted that it shall not be lawful for any person or persons whomsoever to graze or lkeep any sheep or lambs in or upon any of the public roads or ways to be set out by virtue of this Act, for the space of seven years next after the said commissioners shall have set out and allotted the lands and grounds hereby directed to be divided and inclosed.

And be it further enacted that the said commissioners shall and they are hereby authorised and required by such ways and means as they shall judge necessary, to ascertain and set out the boundaries of the said manors or liberties of Somersham, Pidley with fenton, Bluntisham with Earith, Holywell with Needingworth, Colne, St Ives with the Sleap and Burstellers, Woodhurst and Oldhurst upon the said heath and also the said Manor or Lordship of Sleap in St Ives aforesaid if the same shall be established as a distinct Manor belonging to the said Thomas Woollaston White and if the boundaries thereof shall be found to extend into or upon the said heath, and to describe the same in their said award, and shall cause such boundaries to be fenced in such manner and within such time as they shall think proper;

And after the making of such fences the same shall be for ever supported and maintained by the persons entitled to the different parts of the said heath in such parts and proportions as the said commissioners shall by their award direct.

And be it further enacted that the said Commissioners shall (as soon as conveniently may be after such survey and plan shall have been made and taken) divide, set out and allot the said heath unto and between and amongst the several parishes of Somersham, Pidley with Fenton, Bluntisham with Earith, Holywell with Needingworth, Colne, St Ives, Woodhurst and Oldhurst aforesaid in severality and in proportion to the number (but with regard to the value) of the messauges, cottages and toftsteads to which a right of common upon the said heath is appurtenant within such Parishes respectively and also to the value of the lands belonging to such messauges, cottages and toftsteads respectively;

And also to the said Thomas Woollaston White and Henry Grace for such rights of common or right of foldage, or other such rights or privileges on the said heath, as they or either of them shall establish;

And every separate allotment thereof so to be set out shall be set out in or as near to every such Parish as conveniently may be and shall for ever after be deemed and taken to be part and parcel of the parish to which the same shall, by the said Commissioners, in and by their award be determined to be within;

And the owners of messauges, cottages and toftsteads, lands and other hereditaments in every such Parish shall have and enjoy (in lieu, bar and satisfaction of their present common rights and other rights and privileges over the whole of the said heath) the same right of common and other rights and privileges in over or upon the share or part so set out and allotted to such Parish as they would have had and enjoyed over the whole of the said heath in case this Act had not been passed.

And be it further enacted that the said Commissioners shall and they are hereby authorised and required in the next place to set out, allot and appoint unto and for the Lords of the said Manors of Somersham and Pidley with Fenton, such parts of the Lands and grounds within the said Parishes  of Somersham and Pidley with Fenton hereby intended to be divided and inclosed respectively, as in the judgement of the said Commissioners (Quantity, Quality and Situation considered) shall be equal to one twentieth Part of the Commons and waste Grounds within the said manors respectively, for and in Lieu of, and as a full Recompense and satisfaction for the Rights and Claims of the Lords of the Said Manors respectively, to the soil of the said Commons and Wastes.

And be it further enacted that the said Commissioners shall set out and allot unto and for the Impropriator of the said Parish of Woodhurst and for the rector of Somersham and Pidley with Fenton, such parcel or Quantity of the Lands and Grounds lying in the said Parishes hereby intended to be divided and inclosed, as shall, in the Judgement of the said Commissioners be equal in Value to and a full Compensation and Satisfaction for the Glebe lands belonging to the said several Rectories.

And be it further enacted that the said Commissioners shall and they are hereby authorised and impowered to set out and allot unto for the Impropriator of the said Parish of Woodhurst in Lieu and full Satisfaction of and for all Tythes, both Great and Small and Moduses and other Payments in lieu of Tythes arising or becoming due or payable within the said Parish of Woodhurst and also to and for the Rector of the said Parishes of Somersham and Pidley with Fenton in Lieu and full satisfaction of and for all Tythes, both Great and Small and Moduses and other Payments in lieu of Tythes arising or becoming due or payable within the said Parishes, for the Lands and Grounds hereby intended to be divided and inclosed, such respective Parts of the Lands and Grounds inclosed within the several Parishes of Woodhurst, Somersham and Pidley with fenton as in the Judgement of the Said Commissioenrs (Quantity, Quality and Situation considered) shall be equal in value to one sixth Part of the Arable Lands and to one ninth Part of all other Lands and Grounds within the said Parish of Woodhurst and as shall be equal in value to one sixth Part of the Open Common Field Arable Lands and to one ninth part of the Common Meadows, Common Pastures and other Commonable and Waste Grounds within the said Parishes of Somersham and Pidley with Fenton including such portions of the said Heath as shall be allotted by the said Commissioners unto the said Parishes Respectively.

And be it further enacted that in consideration of setting out the Land in Lieu of the Vicarial Tythes of the said Parish of Woodhurst to the Impropriator of the said Parish aforesaid the said Commissioners shall in and by their said Award ascertain and describe so much and such part of the Lands and estates of or belonging to the said Impropriator as the said Commissioners shall judge at all times fully adequate and sufficient in Value to secure the due and regular Payment of the Yearly Rent or Sum of Money hereinafter made payable to the Vicar of the said parish and shall cause a Map or Plan thereof to be annexed to the said Award, and there shall for ever be charged or chargeable upon and issuing and payable to the Vicar of the said Parish out of the Lands and estates so ascertained and described, such Yearly Rent or Sum of Money as shall, in the Judgement of the said Commissioners and to be ascertained and set forth in their said award, be a full Satisfaction and Compensation for the right and interest of the said Vicar in the Allottments so to be set out in lieu of Tythes arising within the said Parish of Woodhurst;

Which said Yearly Rent or Sum of Money shall be payable and paid at the Vicarage House of the said Parish of St Ives by equal Half Yearly Payments upon such Days in every year as the said Commissioners shall, in and by the said Award or any other Writing in their Hands, direct or appoint, clear of all Parliamentary and parochial Taxes, Rates, Dues and Assessments whatsoever;

And the Vicar of the said Parish shall have use and exercise such and the like Powers and Remedies for recovering the said Yearly Rent or Sum of Money (subject to such Variation as Hereinafter mentioned) when the same or any Part thereof shall be in arrear and unpaid, together with the Costs and Charges to be thereby incurred of and from the Owner or Owners, Occupier or Occupiers of the Lands and Estates out of which the said Yearly Rent or Sum of Money is to be issuing, or any part thereof, as by the laws or Statutes of this realm are provided for the recovery of rents reserved upon common leases;

And upon the Cession, Resignation, Removal or Death of the present or future Vicar of the said Parish, every such Vicar his Executors or Administrators shall be entitled to and receive so much and such Part of the said Yearly Rent or Sum of Moneyas shall be in proportion to the number of days elapsed to the day of such Cession, Resignation, Removal or Death from the then next preceding day of Payment.

And be it further enacted that the said Commissioners shall and they are hereby required to ascertain from or by Means of the London Gazette or by such other Ways and Means as they shall think proper, the Average Price of a Winchester Bushel of good marketable wheat in the County of Huntingdon during the Term of Twenty One years next preceding the Passing of this Act and shall in and by their Award set forth such Average Price and what Quantity of Wheat at that price shall, in their Judgement, according to the Average Price aforesaid, be of equal Value with the Yearly rent or Sum of Money so to be ascertained and set forth in the said Award as aforesaid.

And in order that the said Annual Rent or Sum of Moneybe from time to time regulated by the Price of Wheat within the said county. Be it further enacted that it shall be lawful as well for the vicar of the said Parish as for the Owner or Proprietor of any Land or estates so to be charged and chargeable with the payments of the said yearly rent or Sum of Money as aforesaid, at his own expense at any time or times after the Expiration of Fourteen years from the execution of the said Award, by writing under his or their hand or hands, to apply to the Justices of the peace assembled at any general Quarter Sessions of the Peace to be held in and for the County of Huntingdon (Three calendar months notice in writing being first of such intended application by the Vicar of the said Parish to the Owner or Proprietor of any such lands or Estates or to his Steward or Agent in the actual receipt of the rents of such Lands or estates or left at his usual place of abode or by any such Owner or Proprietor given to such Vicar or left at his usual place of abode, as the case shall be) and thereby signify his desire to have the Average Price of Wheat again inquired of or ascertained, then such Justices shall at the same Session, or the Justices assembled at the Quarter General Sessions to be holden in and for the said County next after such Application shall be made, inquire into and ascertain the Average price of good marketable wheat in the County of Huntingdon for the Term of Fourteen years next preceding the Application, and after such Average price shall have been so ascertained, the Amount of the Yearly Rent or Sum of Money so made payable in lieu of Vicarial or Small tythes as aforesaid shall be equal to the value of such Quantity of Wheat as shall be so ascertained and awarded by the said Commissioners, according to the Average Price which shall have been so ascertained by the said Justices, and so from time to time as often as any such Application shall be made before the Expiration of Fourteen years from the time any such Average Price shall have been ascertained in pursuance of this Act. Provided always that no alteration shall be made in the Payment of the Yearly Rent or Sum of Money, unless it shall appear to the said Justices that such Average Price of a Bushel of Wheat is more or less than the Average Price thereof to be set forth in the said Award by the Value of Three pence or upwards.

Provided always and be it further enacted that is case all or any of the estates of the said Robert Burton out of which the said yearly rent or Sum of Money shall be issuing and payable, shall at any time hereafter, by Descent or otherwise, become the Property of Different Persons, then it shall be lawful for the Owner or Owners of each such estate for the time being, upon such division thereof, to apportion and charge each and every Part of the estate so divided with a due and fair Proportion of the yearly rent or Sum of Money so charge thereon, and set forth by the said Commissioners, provided that in every such division due regard be had to the Number of Acres each such property shall contain, and that each and every Division be made to bear a fair and just proportion of the said Yearly Rent or Sun of Money so to be ascertained by the said Commissioners, as near as amy be, and the power of recovering the Arrears of such Yearly Rent or Sum of Money shall continue and remain upon the  whole of such Estate so divided as aforesaid, until such Division of the Estate and Apportionment of the said Yearly Rent or Sum of Money  shall be made known to the Vicar for the time being  by a written notice from such Owner or Owners setting forth the Division of the estate and the yearly Rent or Sum of Money charge upon each such Division, and until a duplicate of such notice  shall be recorded in the Office of the Archdeacon of Huntingdon, for the Inrolment whereof  a Sum not exceeding Two Shillings shall be paid, and a copy of the Record of which the Notice authenticated be the proper Officer for the time being, for which Two shillings and no more shall be paid, shall at all Times be deemed and taken as legal evidence thereof. And from and after such notice so given and inrolled as aforesaid, the Power of recovery of the Yearly Rents or Sums of Money so apportioned and being in Arrear shall extend  only to the Lands or Hereditaments liable to the payment thereof as specified in such Notice.

And be it further enacted that after several Allotments have been set out and allotted  in the manner hereinbefore directed, they the said Commissioners shall divide, set out, and allot unto and among all and every the Proprietors thereof and persons interested therein, all the residue and remainder of the said open common fields and other commonable lands and waste grounds in the said Parishes of Woodhurst, Somersham and Pidley with fenton respectively (including the parts of the said Heath to be allotted to the said Parishes, except as to the lands called Cow Commons in the said Parish of Woodhurst hereinafter mentioned) in such quantities shares and proportions and in such parts and places as the said Commissioners shall be adjudged and determined to be fair, just and reasonable according to their several and respective Lands, Grounds, Rights of Common and other Rights and Interests therein.

And be it further enacted that the sad Commissioners shall divide et out, and allot the said Lands called Cow Commons in the said Parish of Woodhurst, unto and amongst the Proprietors of Commonable Houses, Cottages and Toftsteads in the said Parish of Woodhurst without any regard to the land belonging to such Messauges, Cottages and Toftsteads.

Provided always and it be further enacted that nothing in this Act contained shall authorise the said Commissioners to make or set out any allotment or compensation to the Lord of the said mManor of Woodhurst for his Right to the Soil of any Commons or Waste Lands within the said Manor or for any exclusive Right of Sheepwalk or Right of Foldage or Foldcourse within the said manor, the said Robert Burton as Lord of the said Manor having relinquished the same.

Provided always and be it further enacted that in case it shall be found that the said Henry Grace is entitled to an exclusive Right of Foldage or Course of Foldage in the said part of the said Heath called Weken otherwise Wigan Sheepwalk and to Limehill or either of them as aforesaid, then the Commissioners shall and are hereby required to set out the Allotment of such part of the said Tract of Land called Weken otherwise Wigan Sheepwalk and Limehill or so much thereof as the said Henry Grace shall be entitled to, in One entire Plot or Parcel of Land or some other Tract of Land upon the said Heath adjoining to the said Farm called Weken otherwise Wigan Farm or as near thereto as may be, of equal Quantity and Quality and the said Commissioners shall not have any Power or Authority to subdivide such Plot or Parcel of Land but the same shall be held and enjoyed by the said Henry Grace and his Heirs, free from all Right of Common in respect of any estate within the said Parish of Woodhurst, or any other Parish; And that no Allotment shall be set out or made by virtue of this Act, in Lieu or Compensation of or for Tythes of such Plot or Parcel of Land, but that the same shall remain freed and discharged from the Payment of Tythes in the same Manner as the same would have been in case this Act had not been made; anything herein contained to the contrary notwithstanding.

Provided always and be it further enacted that if any Lands or Tenements within the said Parish of Woodhurst are exempt from the payment of Tythes or subject only to any Modus or Payment in lieu of Tythes, the Proprietors of such Lands and Tenements shall by the said Commissioners be considered in the Allotment or Allotments to be made to such Proprietors for or in respect of or lieu of such Lands and Tenements so and in such Manner as that such Lands or the Proprietors thereof, shall not be made contributory in value or otherwise, to the said Allotment or ALLOTMENTS, Corn rent or Corn Rents, to be made to or vested in the said Robert Burton as Impropriator or the said Thomas Smith as Vicar of Saint Ives aforesaid, with the Chapelries of Woodhurst and Oldhurst annexed, or their respective Heirs and Successors, as such Impropriator or Vicar, in respect of any such Lands or Tenements fo exempt or covered as aforesaid, further than to the amount of the Modus or Composition, if any, payable thereout; any thing herein contained to the contrary  notwithstanding.

And be it further enacted that all Incroachments which have been taken from the said Heath within the space of Twenty one Years now last past shall be deemed Part of the said Heath. And in case any Difficulties or Disputes shall arise touching what are Incroachments, such Difficulties or Disputes shall be referred to the said Commissioners who shall examine into and determine the same. And in case there shall be any such Incroachments upon the parts of the said Heath which shall be allotted to the said Parishes of Woodhurst, Somersham and Pidley with Fenton, the said Commissioners shall allot and assign unto such person or persons being entitled to Allotments of the Lands and Grounds  within the said Parishes, as are or shall be in Possession of any such Incroachments, all Lands and Grounds comprehended therein, or a sufficient part thereof, for and in part of the Allotment to be made by him or them by virtue of this Act, in case such Person or Persons shall desire the same and signify such his or their desire in writing under his or their Hand or Hands  to the said Commissioners at their First Second or Third Meeting to be be held in pursuance of this Act, as the said Commissioners shall see convenient. And the said Commissioners are hereby directed and required in the Valuation of the Grounds comprehended in any such Incroachments to value the same according to the original value thereof, and the Value of the residue of the said Heath without regard to the improvements made thereon.

And be it further enacted that all persons having or claiming to have any Estate Right or Interest in or over the said Heath or the Common and Open Fields, Meadows, Commonable Lands and Waste Grounds of the said parishes of Woodhurst, Somersham and Pidley cum fenton, hereby intended to be divided allotted and inclosed, or any of them, shall and and they are hereby required by themselves or their agents, to deliver their respective Claims in Writing under their Hands or the Hands of their Agents unto the said Commissioners at such Meeting and Meetings as shall be held by them for that Purpose, pursuant to such notices as are hereby directed to be given for putting this Act into execution distinguishing in such claims the several particulars in respect of which such claims are made and the Freehold, Copyhold and Leasehold Property from each other, and within what parish and Manor the same property and rights are situate. And that no such claim shall be received by the said Commissioners after the last Meeting to be held for that purpose, in Consequence of such Notice as aforesaid  and which shall be so expressed therein (except for some special cause to be allowed by the said Commissioners). And after the said Claims shall be so received, the said Commissioners shall cause public Notice to be given in the Churches of the said several Parishes immediately after divine service on a Sunday, or shall affix such notice upon one of the most public Doors of the said Churches respectively, setting forth all such claims  as shall have been so made before them, and shall in such notices appoint a time (at least twenty Days distant) and also a Place when and where all Parties concerned may appear before them, and shew Cause for or against the Allowance or Disallowance of the said Claims, and at such meeting the said Commissioners shall proceed to examine into  and settle and determine the same and shall make such Order therein as to them shall appear just and equitable. And in case any Doubts or Differences shall arise respecting such Claims, or any Disputes or Differences shall happen between any of the said Proprietors touching their respective right or claims, or touching the respective Shares they or any of them ought to have in the Allotments hereby intended to be made, the said Commissioners shall, and they are hereby authorised and required, by Examination of Witnesses upon Oath (which oath the said Commissioners are hereby impowered to administer) and by such other Evidence Inquiry and Satisfaction as to them shall seem proper, to hear and determine the same and shall make such Order therein as to the said Commissioners shall appear equitable and just, which said Order shall be final and conclusive , unless any Party or Parties should be dissatisfied with the Determination of the said Commissioners and should proceed to try his or their Rights by an Issue at Law as hereafter mentioned, any Thing herein contained to the contrary thereof in anywise notwithstanding.

And be it further enacted that the said Commissioners shall within ten days after they shall have made any Order or Determination of and concerning any such claims as aforesaid give one or more Notice or Notices thereof upon the Door of the several Parish Churches aforesaid and shall give like Notice of the particular Proportion, Part or Parts of each general Allotment of the aforementioned Heath, which shall be allotted as well to the Owners and Proprietors of Messuages, Cottages and Toftsteads as also of Lands and other Estates, in each respective Parish as a Compensation to such Owners and Proprietors for such Rights of Common and other Rights and Privileges as they are severally entitles to in respect thereof.

Provided always, and be it further enacted that if any Person or Persons making any such Claim as aforesaid shall be dissatisfied with any Determination of the said Commissioners and shall by writing under his or their Hand or Hands, signify the same to the said Commissioners or any of them within Thirty Days next after such Determination shall be made and Notice thereof given as aforesaid, it shall be lawful for the Person or Persons so dissatisfied as aforesaid, his, her or their heirs or Assigns, within Three Calendar Months after the Delivery of such Notice to commence and prosecute one or more Action or Actions in any of His Majesties Courts of Record at Westminster against the said Commissioners or any one of them for the Purpose of ascertaining the Right of the Party or Parties so objecting to such Determination and the Defendant or Defendants in such action shall name an Attorney who shall file Common bail, or appear and accept an issue , whereby such Suit may be tried and determined, such Issue to be settled by the proper Officer of the Court wherein such Action shall be brought or commenced, if the parties shall differ about the same. And the verdict which shall be given in the said Action shall, unless the same shall be set aside by the Court wherein such Action shall be depending, and a new Trial had, be final and conclusive upon all parties interested in the Inclosure Allotment and Division intended hereby to be made, so far as relates to the Matter of the  said Suit, and the said Commissioners shall confirm thereto in setting out and allotting the said Lands and Grounds. And the Costs and Charges payable by the Defendant or defendants in such Action shall be paid and discharged by the said Commissioners and shall be deemed Part of the Charges and Expenses of obtaining and passing this Act and carrying the same into Execution, and shall be raised and recovered as such.

Provided always that nothing herein contained shall authorise or impower the said Commissioners to hear and determine any Differences and Disputes which may arise touching or concerning the Title of any Person or Persons in or to the Messuages, Cottages, Toftsteads or Lands entitled to Right of Common over the said Heath, or any of the Manorial Rights or the Lands or Grounds hereby intended to be allotted divided and inclosed or any Part thereof, or the Tythes issuing thereout.

Provided alos that if before the said Division and Inclosure shall be completed by virtue of this Act, any Differences or Disputes shall arise or any Suit shall be commenced or prosecuted touching or concerning the Title, Shares, Rights or Interests of any Person or Persons in or to the Heath lands or Grounds hereby intended to be allotted, divided and inclosed as aforesaid, or any part thereof, or the Tythes issuing thereout, except as to any Suit that may be commenced and prosecuted by virtue of the Powers herein contained, such Suit shall no impede, delay or hinder the said Commissioners from proceeding in the Execution of the Powers vested in them by this Act, but the said Allotment, Division and Inclosure shall be proceeded in notwithstanding such Difference or Suit, and the said Commissioners shall by some proper marks and Bounds, set out the Lands or Grounds which shall be allotted in lieu of such litigated Property, so that the same may be distinguished from any other Lands and grounds and may be had and taken by the Person or Persons who upon the Determination of such Difference or Suit, shall become entitled to the same.

And be it further enacted that the several Allotments to be set out to and for the Impropriator of the said Parish of Woodhurst, as Impropriator aforesaid, and to and for any Persons in Right of any Church or Chapel, and also to and for the Regius Professor of Divinity in the said University, by virtue of this Act, shall be inclosed and fenced around with Ditches and Quickset hedges, or other proper mounds or Fences with proper Posts, Rails or other Guard Fences to such Quickset hedges by or at the Expense of all such of the other Proprietors of the Lands or grounds in the said Parishes of Woodhurst, Somersham and Pidley with Fenton, hereby intended to be divided and inclosed as aforesaid as the said Commissioners shall direct or appoint, and the said Commissioners shall direct or appoint to whom the said Fences shall belong, after the same shall be properly made. And the said hedges, Ditches or other Mounds and Fences, when properly made, shall be thereafter for ever kept up, maintained, supported, and scoured, by and at the Expense of the person or Persons to whom the same shall b allotted or directed to belong as aforesaid. And that several other Allotments to be made by virtue of this Act, as well of the said Heath as of the Lands and Grounds aforesaid, shall within Twelve

Calendar Months next after the signing and sealing the said Award, or such earlier time as the said Commissioners shall appoint for that purpose, be inclosed, hedged, ditched and fenced by and at the proper Costs and Charges of the respective Persons to or for whom the same shall be respectively allotted, in such Manner as the said Commissioners shall order and direct. And in case any person or Persons shall refuse or neglect to make such Ditches and Fences within the Time and in Manner aforesaid, it shall be lawful for any person or Persons interested in the Lands next adjoining to the Lands allotted to the Person or Persons so refusing or neglecting, to exhibit a Complaint in Writing against such Person or Persons before any justice of the Peace for the County of Huntingdon, not being interested in the said Land or Grounds, who may summon the Parties concerned, enquire into the Nature of the Complaint and examine all proper Witnesses upon oath (which Oath such justice is hereby authorised and empowered to administer) and after such summons and Examination (or if the party or Parties cannot be found to be served with such Summons) shall and may, if he shall see cause, order direct or appoint the Person or Persons exhibiting such Complaint to make, repair and maintain the Ditches and Fences of the Person or Persons so refusing or neglecting, and also shall and may, by Warrant under his hand and Seal (directed to the Person or Persons exhibiting such Complaint, his, her or their Lawful Attorney or Agent) cause the Charges and Expenses of making, repairing or maintaining the Ditches or Fences of the Person or Persons so refusing or neglecting (demand thereof being first made before any credible Witness) to be levied by Distress and sale of Goods and Chattels of the Person or Persons so refusing or neglecting to pay the same, rendering the Overplus (if any) to the Owner or Owners of such Goods and Chattels after deducting the Costs and Charges of taking and making such Distress and Sale together with lawful Interest of such Costs and Charges or otherwise shall and may, by any Writing under his Hand or Seal, authorise and impower any Person or Persons exhibiting such Complaint to enter into and upon the Premisses so to be allotted to such Person or Persons refusing or neglecting to pay as aforesaid, and to let, set and demise the same from Year to Year and to receive and take the Rents and Profits thereof respectively, until by and with such rents, Issues and Profits and Charges and Expenses of making, repairing and maintaining the Ditches and Fences of the Person or Persons so neglecting or refusing to pay as aforesaid, and also all costs Charges and Expenses occasioned by and attending such Entry and Perception of the rents and Profits, and such letting, setting or demising as aforesaid, together with lawful Interest of such Costs and Charges, shall respectively be fully paid and satisfied.

Provided always that in case through the Necessity of Situation or any other Accident or Circumstance it shall happen that One or more of the said Proprietors shall not have an equal or proportionable Share of Boundary mounds or fences allotted to him, her or them, on the said intended Division and Inclosure it shall be lawful for the said Commissioners, where they shall judge it necessary and reasonable, to award, order, ascertain and appoint what Sum or Sums of Money such Proprietor or Proprietors shall respectively pay and contribute towards the making the Mounds and Fences of the Allotments of such other of the said proprietors who shall or may have too great a Proportion of mounding or fencing allotted to him, her or them by virtue of this Act, the same to be settled by the said Commissioners in such Manner as they shall think proper, and the money so ordered, directed or appointed to be paid shall be raised, levied and recovered in such and the same Manner as the Expenses of this Act are ordered and directed to be levied and recovered.

And be it further enacted that it shall and may be lawful for the respective Persons to whom any Shares or Allotments shall be assigned and allotted by virtue of this Act, from Time to Time and at all times, for and during the Term of Ten Years next ensuing the Execution of the said Award, to set down and place Posts and Rails or other proper Fences on the Outsides of the Ditches or Fences bounding their Respective Allotments for the better Preservation of the Quickset Hedges, and to back ditch or trench such Posts and Rails or other Fences on the Outsides of the said Posts and Rails, so that no more than Four feet shall be taken by the said Posts and Rails and by such back ditching and fencing and from Time to Time and at all times during the said Term to take away and carry away such Posts and Rails or other Fences, as his, her, and their free Wills and Pleasure, except at such Time when any Crops of Corn or Grain shall be set or growing upon the said land or Ground whereon the same shall have been standing respectively, such Person or Persons who shall take away the said Posts and Rails filling in the said Post Holes, and levelling the said Back Ditch. And that convenient Gaps and Openings shall be left in the said Fences and Inclosures for the passage of Cattle, carts and carriages in and through the same, for such Space of Time, not exceeding Six Calendar months after the Execution of the said Award as the said Commissioners shall direct.

And be it further enacted that where any Parcel of land so to be allotted as aforesaid shall abut upon or adjoin to any Freeboard or Ditch belonging to any inclosed Grounds or Common Fields not hereby intended to be inclosed, the Person or Persons to whom such parcel of Land shall be allotted shall and may, and is and are hereby impowered to set up and erect Gates or any other kind of Fence, in, over, and upon such Freeboard or Ditch, for dividing the said Parcel of Land, and raising and preserving the Quickset, Bank, Wood or other Fence to be raised thereon, and until such Time or Times as the Owner or Owners of such Freeboard or Ditch shall sufficiently, and at his and their own expense have ditched, fenced and mounded out the same Freeboard or Ditch from the Land adjoining thereto.

Provided always that nothing in this Act contained shall extend or compel or oblige any of the said Proprietors whose Allotments or shares shall, upon the said intended Division and Inclosure, lie and be situate next and adjoining to any Common Fields or Inclosed Grounds, the Boundary of which is already fenced, to make or erect any Hedges, Ditches, or Fences next or adjoining to any Common Fields or Inclosed Grounds for inclosing such Allotments or Shares, but that the ancient Mound or Fence, Brook or Rivulet or other such sufficient Fence, which divides such Common Field or Inclosed Ground from such Allotments or Shares, shall for ever remain and be a Boundary Fence for the Purpose of such Division and shall from Time to Time be kept, maintained, cleansed, scoured and repaired by the respective Proprietors thereof in the same Manner as before the Passing of this Act, any Thing herein contained to the contrary notwithstanding.

And be it further enacted that in case any Lands or Grounds upon which any trees, Hedges or Bushes shall, at the Time of making such allotments. Be standing, growing or being shall be allotted and appointed to any Person or Persons, other than such as was or were the Proprietor or Proprietors thereof at and immediately before such Allotments were made, then and in such Case it shall be lawful for such Owners and Proprietors thereof respectively, at any seasonable Time or Times within the space of Twelve Calendar Months next after such Allotments shall be made, to enter into and upon the Lands and Grounds upon which the said Trees, Hedges, or Bushes shall be standing and being and to fell, cut down, grub up and with Horses and Carriages or otherwise to carry away the same, to and for his, her or their own Use and Benefit, he, she, or they levelling all such Ground which shall be broken or dug up for the Purposes aforesaid, provided that no Hedges or Fences now standing or being upon the Lands or Grounds hereby intended to be inclosed shall be cut down or destroyed by the proprietors thereof from the Time of Passing this Act until the Execution of the said Award, without the Consent of the said Commissioners in Writing under their Hands or Seals for that Purpose.

Provided always that in case any Hedges or Fences now standing upon the said Lands and Grounds hereby intended to be divided and inclosed shall be adjudged and appointed by the said Commissioners as or for a Boundary Fence to or for any of the new Inclosures or Allotments so intended to be made as aforesaid, all such Hedges or Fences shall be left for the Benefit of such person or Persons to whom such new inclosures shall belong, he she, or they making such Allowance to the former Owners or Proprietors of such Hedges or fences respectively as the said Commissioners shall be Writing under their Hands and Seals in that Behalf direct.

And be it further enacted that it shall be lawful for the said Commissioners, with the Consent of the respective Owners or Proprietors, or of the Guardians, Committees, Husbands, or Trustees of such Owners and Proprietors as shall be in any wise incapacitated by Law to consent (such consent being testified in writing under their several Hands or Seals) to set out and allot all or any of the Messuages, Cottages, Toftsteads, Lands, tenements and Hereditaments of or belonging to such owners or Proprietors respectively, within the several Parishes hereinbefore mentioned, or any of them, in Exchange for any other Messuages, Cottages, Toftsteads, Lands, Tenements or Hereditaments, within the same Parishes respectively, or any adjoining Parish, and every such Exchange being specified in the said Award shall be valid and effectual in Law to all intents and Purposes, notwithstanding the Want of Title of the Parties exchanging.

Provided always that no Exchange of any Messuages, Lands, Tenements, or Hereditaments held in Right of any Church or Chapel shall, by virtue of this Act, be made, unless the Consent and Approbation of the Lord Bishop of Lincoln, testified in writing under his Hand and Seal be first had and obtained for that Purpose.

Provided also that this Act shall not revoke, make void, alter or annul any Will or Settlement, or prejudice any Person or Persons having or claiming any Jointure, Dower, Portion or Incumbrance, out of, upon, or affecting any Lands or Grounds so intended to be divided, allotted, inclosed, or exchanged, in pursuance of this Act, but that the several Messuages, Lands, Tenements, and Hereditaments so to be divided, allotted, or exchanged, as aforesaid, shall from and immediately after such Division, Allotment or Exchange, be, remain, and enure, and the several Persons to whom the same shall be allotted or given in Exchange as aforesaid shall from thenceforth stand and be feifed thereof respectively, to and for such and the same Uses, Trusts, Intents, and Purposes respectively, and subject to such and the same Wills and Settlements, Charges and Incumbrances (except Leases at Rack Rent) as the several Messuages, Lands, Tenements, and Hereditaments, in lieu or in respect whereof such Division, Allotment or Exchange shall be made as aforesaid would have been subject to or charged with in case the same had remained unenclosed or unexchanged or this Act had not been made.

And be it further enacted that such of the Lands and Grounds hereby intended to be divided and inclosed as shall be allotted to or exchanged with any of the said Proprietors, in lieu or in respect of Lands, Tenements, or Hereditaments, which are copyhold or Customary, shall, from and for ever after the said Award shall be made, be deemed to be Copyhold or Customary, although the same were before Freehold, and shall be held as Copyhold estates, by and under such Tenures, rents, Suits, Fines, Fees, Customs, and Services as the Copyhold or Customary Lands or Tenements in lieu or in respect whereof such Allotments or Exchanges shall be made are now held. And that such Parts of the said Lands or Tenements hereby intended to be divided and inclosed, or to be exchanged as aforesaid, as are now Copyhold or Customary, and which shall be allotted to or exchanged with any Proprietors in lieu or in respect of any Lands or Tenements now belonging to any such Proprietors respectively which are now Freehold, shall, from and after the said award shall be made as aforesaid, be deemed to be Freehold, although the same were before Copyhold or Customary, and shall be held under the same Tenures, rents, Customs, and Services as the Freehold Lands and Tenements in lieu or in respect whereof such Allotments or Exchanges shall be made are now held.