And be it further enacted that all and every Lease and Leases upon Rack Rent now subsisting of all or any of the Lands and Grounds in Woodhurst, Somersham, and Pidley with Fenton aforesaid, intended to be divided and inclosed, and of all messuages, Cottages, Lands or other Hereditaments, lying in Woodhurst, Somersham, and Pidley with Fenton aforesaid, held therewith, or included in such lease or Leases, and all other Agreements for any term or Terms at rack rent or from year to year or at will, shall, upon the Tenth Day of October one thousand Seven hundred and Ninety Six cease and be void, the respective owners or Proprietors of such Lands and Grounds or other Hereditaments comprised in such Leases or Agreements making such reasonable Satisfaction to their Lessee or Lessees, Tenant or Tenants, as the said Commissioners shall ascertain, order direct, or appoint to be paid to such Lessee or Lessees, tenant or Tenants (other than and except the Tenant or Tenants to the Rector  of Pidley with Fenton aforesaid) as an Equivalent for the Loss or losses he or they shall respectively suffer on Account of the Determination of their respective Leases

And be it further enacted that the said Commissioners shall and may in the mean Time (until the Allotments directed to be made shall be marked and staked out, and entered upon by the Proprietors thereof respectively) direct and regulate the Course of Husbandry to be used in and over the said Fields, Meadows, Lands and grounds in Woodhurst, Somersham and Pidley with Fenton respectively, to be inclosed as aforesaid, and every Person’s estate therein shall be used and occupied accordingly, as well with respect to stocking as to ploughing, folding, tilling, sowing and laying down the same, and shall and may direct and appoint what recompense and Satisfaction shall be made or paid unto or by all and every or any of the proprietors to whom any Allotment shall be made by virtue of this Act, or unto the last Owner or Possessor of any Lands to be allotted, for or in respect of the state and Condition in which such Land may happen to be, or of the Crops which may be growing thereon at the Time when the new Owner is to enter into the Possession thereof, and appoint a Time or Times for the payment of such satisfaction respectively, and also shall and may order, direct, and appoint such other Recompence and Satisfaction as they shall think just and reasonable to be made to every Owner, Tenant or occupier who may receive damage in his, her of their Lands, Crops, or Fences in Consequence of the making the Division and Allotment aforesaid, or any of them and order and appoint by whom and when the same shall be respectively paid. And the same shall respectively be recovered in like Manner as any other Money can or may, by virtue of this Act, be recovered.

And be it further enacted that as soon as conveniently may be after the said Commissioners shall have completed the Allotments of the said Heath, and the said Divisions and Allotments of the said Lands and Grounds in Woodhurst, Somersham and Pidley with Fenton, pursuant to the directions of this Act, they the said Commissioners shall form and draw up or cause to be formed and drawn up, an Award in writing which shall express and contain the Quantity, in Statute Measure, of Acres, Roods and Perches contained in the said Heath, and the Quantity and Contents of each Allotment thereof and to what Parishes the same Allotments on the said Heath shall belong, and also the Quantity contained in the said Lands and Grounds in Woodhurst, Somersham and Pidley with Fenton respectively, and also the Quantity, Contents, and Value of each and every Part of the same Lands and Grounds assigned and allotted to each and every of the Parishes interested in or entitles to the same, and a Description of the Situation, Buttals and Boundaries of the same Parcels and Allotments respectively, and proper Orders and Directions for fencing and mounding the same, and for making and laying out proper Roads, ways and Passages, in, through, and over the same, and also the Quantity of all and every the Messuages, Cottages, Toftsteads, Lands and Tenements in respect whereof  such several Allotments and Divisions shall be respectively assigned and allotted and also all such Exchanges as shall be made by virtue of this Act. And such Award shall also express by whom, and at whose Expence, the several Fences for the said several Allotments, which shall be made by virtue of this Act, shall be made, to whom the same shall belong, and by whom the same shall be amaintained, and shall likewise direct from what Time or Times the Tythes, Moduses, and Compositions, Rights of Pasturage, or Common of Pasture, hereinbefore directed to be compensated for, shall respectively cease and be extinguished, and shall likewise express and contain such other orders, Regulations and Determinations as shall be proper and necessary to be ascertained therein, comformable to the Intent and Purport of this Act. Which said Award shall be fairly ingrossed or written on Parchment, and signed and sealed by the said Commissioners, and shall, within Six Calendar Months next after the same shall be signed and sealed as aforesaid, or so soon after as conveniently may be, be inrolled by the Clerk of the Peace for the County of Huntingdon, or in One of His majesty’s Courts of Record at Westminster, to the End that Recourse may be had to the same by all Persons interested in the said intended Allotment, Division and Inclosure, for his her or their Inspection and Perusal, for which the sum of One Shilling, and no more shall be paid. And a true Copy thereof, or of any Part thereof, when and as often as the same shall b required, shall be delivered to any Person or Persons interested therein as aforesaid, or his, here, or their Agent or Agents signed by the proper Officer, piurporting the same to be a true Copy, for which no more than Two Pence per Sheet, reckoning Seventy-two Words to each Sheet, shall be paid. And also that the said Commissioners shall and may, at any Time or Times before the said Award shall be so inrolled as aforesaid, and within Six Calendar Months after the execution thereof, upon the Request and at the Costs and Charges of any Person or Persons interested in the said Allotment, Division and Inclosure, deliver to such person or persons, or his, her or their Agent or Agents, a true Copy of the said Award, or of any Part thereof, every such Copy to be written on Paper or parchment duly stamped, and signed by the said Commissioners, purporting the same to be a true Copy, for which no more tha Four pence per sheet shall be paid, which said original Award or Instrument, or any Copy thereof, or of any Part thereof, signed as aforesaid, shall at all Times be admitted as legal Evidence in all Courts whatsoever. Which said Award and the several Divisions and Allotments to be made thereby as aforesaid, shall be and are hereby declared to be final, binding and conclusive unto and upon all and every the Parties interested in and entitled unto the several and respective Lands and Grounds so intended to be divided and inclosed as aforesaid.

And be it further enacted that it shall be lawful for the owners and proprietors of Four Fifths in Value of the Messuages, Cottages, lands, Tenements and other Hereditaments, in each of the several parishes aforesaid, having Right of Common on the Allotments of the said Heath as shall remain unsubdivided, from Time to Time and at any Time or Times thereafter, by writing under their Hands to make such Rules or Orders of regulating the Manner of Using and occupying the same, and of stocking the same with Cattle, Sheep and other Stocks, and for limiting and stinting the Number and Kinds of the said Stock (each person entitled to such Common Rights and other Rights and Hereditaments, continuing nevertheless to be intitled to a just Proportion, according to the Extent of his Interest) and for limiting the Times and Seasons for stocking, and such other Rules, Orders and Regulations, for the better Management and more convenient Enjoyment thereof, as they shall from Time to Time think proper, and for mutual benefit of all Persons interested therein, according to their respective Rights and Interests, and also from Time to Time by Writing under the Hands of the Owners or Proprietors of Four Fifths in Value for the Time being of such Messuages, Cottages, Lands and Tenements and other Hereditaments, to annul, repeal, or alter all or any such Rules, Orders and regulations, and make such others as they shall deem expedient, and for the mutual Benefit of all persons interested therein, according to their respective Rights and Interests. And such Rules, Orders, and Regulations shall be binding upon and observed by all Persons interested in the said Allotments, in respect of which such Rules, Orders and regulations shall be made.

And be it further enacted that all and every Person and Persons entitled to any part of the said intended Inclosure and Division shall, and they are hereby required to accept his, her or their respective Allotments and Shares within the Space of Six calendar Months next after the Execution of the said Award (Notice thereof being given as hereinbefore directed) and in case any ditching, quicking, or fencing of any Allotments shall be wilfully damaged or destroyed, or any Crop that shall be growing upon any such allotment shall be in anywise wilfully injured, the Person or Persons wilfully damaging or destroying the same shall be deemed a Trespasser or Trespasser against the Person or Persons impowered as aforesaid to enter upon any such Allotment, his, her or their Tenants, and shall be liable to answer Damages to him, her or them in respect thereof.

Provided always and be it further enacted that the respective Guardians, Trustees, Committees, or Attornies for any such Person or Persons in anywise incapable by law to accept such Allotments and Exchanges as shall be made by virtue of this Act, shall be , and they are hereby enabled and required to accept thereof for and to the Use of such Person or Persons incapacitated as aforesaid, and also that any Person or Persons entitled to any Allotment or Allotments, Exchange or Exchanges, as Tenant for Life or Lives shall be, and is and are hereby respectively enabled to accept of and take such Allotment or Allotments, Exchange or Exchanges respectively. And every such Acceptance respectively shall be and is and are hereby declared to be valid to all Intents and Purposes whatsoever.

Provided always that the non-claim or Non-acceptance of any such Guardian, Husband, Trustee, Committee, or Attorney, shall not exclude or in anywise prejudice that Right of any Infant, Lunatic, Feme Covert or any other Person or Persons under any Disability or Incapacity as aforesaid, who shall claim or accept such Share or Allotment or Exchange within One Year after such Disability or Incapacity shall be removed, or of any Person or Persons entitled as Heir, or in Remainder after the Death of any Person or Persons dying under such Incapacity or Disability, who shall claim or accept within One Year next after his, her or their Right, Title or Interest shall have accrued, descended or vested or be known so to be.

And be it further enacted and declared that from and immediately after the making of the said Divisions and Allotments and the Execution of the said Award, or such other Time or Times as the said Commissioners shall, by Notice in Writing under their Hands, to be affixed on One of the Doors of each of the Parish Churches aforesaid, direct or appoint, all Tythes, Moduses, Compositions, Rights of Common, and other Rights, for which Compensation shall be made pursuant to the Directions hereintobefore contained, shall cease, determine, and be for ever extinguished.

And be it further enacted that from and after the Execution of the said Award, the Rector of the said Parishes of Somersham and Pidley with Fenton, and the Vicar of the said Parish of Woodhurst, shall be for ever exempted, freed and discharged from keeping a Bull and a Boar for the Use of the Inhabitants and Landholders of the said Parishes, any Law or Usage to the contrary notwithstanding.

And be it further enacted that it shall be lawful for any Person or Persons interested in the said intended Allotment, Division and Inclosure, at any Time (not being less that Three Calendar Months) before the Execution of the said Award, to sell and dispose of all such Estate, Right, Title and Property, which he, she or they shall have in or to the said Commons or waste Grounds, or in  or to any Allotment or Allotments to be made in respect thereof, by virtue of this Act, separate from such Estate in Right of which he, she or they shall be so entitled, and it shall be lawful for the said Commissioners, and they are hereby authorised and required to allot the same to the Purchaser or Purchasers thereof respectively.

And whereas certain Parts of the Lands of the said Robert Burton within the Parishes of Somersham and Pidley with Fenton aforesaid are subject and liable to the Payment of certain Annual Sums to several Persons in lieu of their Rights of Common upon such lands: be it therefore further enacted that the said Commissioners are hereby required to charge and make liable so much and such Parts of the Lands of the said Robert Burton, within the said Parishes, subject to the Payment of the said several Annual Sums, as shall be sufficient to answer the Payment thereof respectively so as to discharge the Remainder of such Lands from the Payment of any Part of the said several Annual Sums.

An be it further enacted that out of the Money directed to be raised as herein mentioned, there shall be paid out to each and every of the said Commissioners, as a Recompence for his Pains and Trouble the Sum of Two Pounds Two Shillings for each and every Day’s Attendance, or travelling to or from such Attendance, of every such Commissioner and no more. And at all Meetings to be held in pursuance of this Act the said Commissioners shall defray their own Expences.

And be it further enacted that it shall be lawful for all and every Person or Persons who, after such Division and Inclosure to be made as aforesaid, shall be Owners or Proprietors for the Time being of any of the Allotments to be made in pursuance of this Act, or of any Part thereof, whether Tenants in Fee Tail, or for Life or Lives (other than and except such Persons as shall be entitled to any Allotment in Right of any Church or Chapel) or for any Term or Number of Years determinable upon One or more Life or Lives, and for the Husbands, Guardians, Trustees, Committees, or Attornies of or for any of the said Owners or Proprietors being under Coverture, Minors, beyond the Seas, or otherwise incapable to act for themselves, and to and for every one of them, by and with the Consent of the said Commissioners, in Writing under their Hands and Seals, from Time to Time to charge the several Lands and Grounds which shall be comprised in such respective Allotments, or any part thereof, with any Sum or Sums of Money at the Discretion of the said Commissioners not exceeding Forty Shillings for every Acre of Land and Ground so to be allotted as aforesaid, to be paid to such Person or Persons as the said Commissioners shall nominate and appoint, in order to be applied and disposed of for and towards paying and defraying the respective Shares and Proportions of the Charges and Expences incident to and attending such Division and Inclosure as aforesaid, and of obtaining this Act, and executing the same, and for securing the Repayment of the said Sum or Sums of Money, with Interest, to grant, mortgage, lease, or demise the Lands and Grounds so to be charged therewith unto any Person or Persons who shall lend and advance the same respectively, and his, her or their Executors, Administrators, and Assigns, for any Term or Number of Years so as every such Grant or Demise be made with a Proviso or Condition to cease and be void when such Sum or Sums of Money thereby secured, with the Interest thereof, shall be paid and satisfied, and so as in every such Grant or Demise, to be made by any Person or persons entitled only as Tenants in Tail, or for Life or Lives or years, or upon any other contingency, there be contained a Covenant to pay and keep down the Interest of the Money to be secured during his, her or their respective Life or Lives, or for so long as he, she or they shall continue fiefed of such Allotment or Allotments respectively, so that no Person afterwards becoming possessed of or entitled to such Lands and Grounds so to be charged with any Sum or Sums of Money as aforesaid shall be liable to pay any further or larger Arrear of Interest than for One Year preceeding the Time that Title to such Possession shall have commenced, or otherwise it shall and may be lawful to and for the said Commissioners, by any Deed or Deeds, Writing or Writings under their Hands and seals, to be attested by Two or more credible Witnesses, at the Request of such of the said Owners and Proprietors being Tenants in Tail, or for Life or Lives, or Years or upon any other Contingencies, who shall respectively pay and discharge his, her, or their proportionable part of the Charges and Expences aforesaid, to authorise and impower such Owners and Proprietors, any or every of them, making such Request, to Charge and subject the Lands and Grounds so to be allotted to such Owners and Proprietors thereof respectively with any Sum or Sums of money, as the said Commissioners shall think just and reasonable, not exceeding Forty shillings per Acre with Interest for the same as aforesaid, which Sum or Sums of Money so to be charged as aforesaid shall be payable within One Year next after the Decease of every such Tenant in Tail, or for the Life or Lives or Years, or other Contingency respectively, with the Interest thereof, to be computed from his, her or their respective Decease, unto such Person or Persons as such respective Tenants for Life or in Tail or any other Contingency, shall by Deed or Will duly executed and attested, direct and appoint, and in default thereof to his, her or their Executors and Administrators. And every such Grant, Lease, Mortgage, Appointment and Demise or Charge by Deed or Will as aforesaid, shall be good, valid and effectual by Law for the Purposes thereby intended, notwithstanding the Want of Title in such Tenants for Life, or in Tail, or other contingency, and notwithstanding any Settlement, Will, Use, Trust, Remainder, or other Incumbrance of or upon the said Land and Premisses, or any Part thereof, then in being or capable of taking Effect to the contrary.

And be it further enacted that it shall be lawful for the several Persons who shall be entitled to any Allotments of the said Lands and Grounds by virtue of this Act in Right of any Church or Chapel (by and with Consent and Approbation of the Bishop of the Diocese, testified by Writing under his Hand and Seal) and also for the Regius Professor of Divinity of the said University, to lease or demise all or any Part or Parts of the Allotments to be set out and allotted to them respectively be virtue of this Act, to any Person or Persons, for any Term not exceeding Twenty One Years, to be computed from the Expiration of Twelve Calendar Months next after the executing of the said Award, so as there be reserved and made payable on every such Lease to the Person making or granting the same, and his Successors, the best and most improved Yearly rent that can reasonably be had or gotten for the same, without taking any Fine or Foregift in Consideration of the granting or making such Lease, and so as no Lessee by any such lease made dispunishable for Waste, and so as there be inserted in every such Lease a Power for Re-entry on Non-payment of the rent to be thereon reserved, within a reasonable Time to be therein limited after the same shall become due, and so as a Counterpart of every such Lease be executed by the Lessee or Lessees to whom such Lease shall be so granted or made as aforesaid, and every such Lease shall be valid and effectual, any Law or Usage to the contrary notwithstanding.

And be it further enacted that the Money which shall be advanced by any person or Persons for the purpose of defraying the Expences of applying for and obtaining this Act, shall be repaid with lawful interest, to such Person or Persons, out of the first Monies to be raised for defraying the Expences of obtaining and executing this Act.

And be it further enacted that the said Commissioenrs shall and they re hereby required to enter in a proper Book of Account of all Money which shall be assessed on the said Owners or Proprietors, and of all Charges, Expences, and Disbursements which shall acrrue, be made and paid or charged by the said Commissioners by virtue or in execution of this Act, which said Book shall be signed by the said Commissioners, and shall be produced by them to the said Owners and Proprietors at the Meeting to be appointed for the Execution of the said Award.

And be it further enacted that the Costs and Charges of obtaining and passing this Act and of surveying, admeasuring, planning valuing, dividing, allotting, and exchanging the said Lands and Grounds so intended to be divided and inclosed or exchanged as aforesaid, and also of surveying the old inclosed Lands in the several Parishes, and of making the said Public Roads, and of the preparing and inrolling of the said Award and the said necessary Expences of the said Commissioners, ad other necessary Expences about and concerning the said Premises, shall be borne and defrayed by all Proprietors and Owners of Estates in the said several Parishes to whom any Allotments or Benefits shall be made or accrue by virtue of this Act (except the several Persons who shall be entitled to any Allotments by virtue of this Act as Impropriators, or in Right of any Church or Chapel, and also the Regius Professor of Divinity of the said University) in such Shares and Proportions and shall be paid to such Person of Persons and at such Time or Times, and in such Manner as the said Commissioners shall, in and by their said Award, or by any other Writing under their Hands, direct or appoint. And in case any of the Persons aforesaid shall refuse or neglect to pay his, her or their Share or Proportion, Shares or Proportions of such Charges and Expences within the Time to be limited by the said Commissioners for Payment thereof, to such Person or Persons as they shall appoint to receive the same. Then and in every or any such Case the said Commissioners shall and may by Warrant under their hands and seals, directed to any Person or Persons whomsoever, cause the same to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons so neglecting or refusing to pay the same, rendering the Overplus (if any) on Demand to the Owner or Owners of such Goods and Chattels (after deducting the Costs and Charges of taking and making such Distress and Sale)  or otherwise it shall be lawful for the said Commissioners, or any person or Persons to be appointed by them, to enter into and upon the Premisses so to be allotted to such Person or Persons so refusing or neglecting to pay as aforesaid, and to receive and take the Rents, Issues, and Profits thereof, until thereby or therewith the Share or Proportion or Shares or Proportions of the said Costs, Charges and Expences, occasioned by and attending such Entry upon and Perception of the rents and Profits of the said Premisses shall respectively be fully paid and satisfied.

Provided always and be it further enacted that when any Feoffees of Trustees shall be feifed or possessed of any Lands or Hereditaments to or for any charitable Use or Purpose, in respect whereof any Allotment shall be made on the said Division and Inclosure, such Feoffees or Trustees shall not be liable to contribute any Sum or Sums of Money towards the Costs, Charges and Expences hereinbefore directed to be borne and defrayed by a proportionable Rate as aforesaid, or to make Boundary Fences to their respective Allotments, and in Consideration thereof the said Commissioners are hereby authorised and requires to deduct out of their respective Shares and Allotments so much and such Quantity or Quantities of Lands and Grounds as the said Commissioners shall deem to be the equivalent to the Costs, Charges and Expences from which such Charity Estates are hereby exonerated, which Land or Ground so to be deducted shall be allotted to such other of the Proprietors as the said Commissioners shall think fit to charge with such lastmentioned Costs, Charges and Expences.

And be it further enacted that if any Person or Persons shall think himself, herself or themselves aggrieved by any Thing done in pursuance of this Act, then and in every such Case (except where the Orders, Directions or Determinations of the said Commissioners, or any of them, are directed or declared to be final, binding or conclusive) and also except all Cases as are herein provided to be settled by a feigned Issue as aforesaid, he she or they may appeal to the General Quarter sessions of the Peace which shall be held for the County of Huntingdon within Six calendar Months next after such cause or Complaint shall have arisen, and the Justices of the said Quarter sessions are hereby required to hear and determine the matter of every such Complaint, and to make such orders therein, and to award such costs as they may think reasonable, and to levy the Costs which shall be so awarded by Distress and Sale of the Goods and Chattels of the Party or Parties liable to pay the same, rendering the Overplus (if any) to the Owner or Owners, after deducting the reasonable Charges of such Distress and sale. Which Determination of the said Justices shall be final and conclusive to all Parties concerned, and shall not be removed by Certiorari or otherwise or any Writ or Process whatsoever, into any of His Majesty’s Courts of record at Westminster or elsewhere.

Provided always and be it further enacted that nothing in this Act contained shall prejudice, lessen or defeat the Right, Title or Interest of the Lord or Lords of any Manor or Manors within the Limits and Jurisdictions whereof the Lands or Grounds hereby intended to be divided and inclosed are situate, of, in and to the Seigniories and Royalties incident or belonging to such Manor or Manors respectively, but that the Lord or Lords of such Manor or manors shall and may from Time to Time and at all Times hereafter, hold, receive, take and enjoy all rents, Fines, Services and Profits of Court, and all other Rights, Royalties and Privileges to such manor or manors respectively  incident, appendant, belonging, or appertaining (other than and except the Right to Soil of such Part of the said Heath and the other Waste Lands) for which an Allotment shall be made as hereinbefore provided for, in as full, ample and beneficial Manner, to all intents and purposes, as he or they might or ought to have held or enjoyed the same in case this Act had not been made.

Saving always to the King’s Most Excellent Majesty, His Heirs and Successors, and all and every other Person and Persons, Bodies Politic and Corporate, his, her and their Heirs, Successors, Executors and Administrators, all such Estate, Rights, Title and Interest (other than such as are meant and intended to be barred and destroyed or otherwise affected by this Act) of, in, to or in respect of the Lands and hereditaments to be divided, inclosed or exchanged by virtue of this Act, as he, they and every of them might or could have had or enjoyed, in case this Act had not been made.

Finis.