Spondon Enclosure Act 1789

AN ACT FOR Dividing and Inclosing the Open Fields, Common Pastures, Common or Moor, and Waste Grounds, within the Hamlet or Liberty of Spondon, in the County of Derby.

Preamble

Whereas there are, within the Hamlet or Liberty of Spondon, in the County of Derby, Three several Open Arable and called respectively Derby Field, Brook Field, and Burrow Field, Two, Common or Stinted Pastures, called The Leys and Waste, a Common or Piece of Waste called Spondon Moor, and other Waste Grounds, containing together by Estimation One thousand Acres, or thereabouts: And whereas Edward Miller Mundy, John Radford, and Evan Lewis, Esquires, are Lords of the Manor, and Patrons of the Vicarage and Church of Spondon as Devises in Trust named in the last Will and Testament of Richard Lowe Esquire, deceased, late Lord of the Manor, and Patron of the Vicarage, and as Lords of the Manor are entitled to the Soil of Common Pastures, Common or Moor, and Waste Grounds, and to all Timber and other Trees growing thereon ; and Sir Robert Mead Wilmot, Baronet, and William Richardson, Gentleman, are the Owners of, and entitled to the Great Tythes arising and becoming due out of or from all such Lands and Grounds within the said Hamlet or Liberty of Spondon as are subject or liable to the Payment of Great Tythes (except the Great Tythes of that Part of the said Hamlet or Liberty of Spondon called Locko, and also except the Tythe Hay of certain Pieces of Meadow Ground within the said Hamlet or Liberty, which Tythe Hay belongs to Joseph Osborne, of Derby, in the said County of Derby, Gentleman, and others); and the Reverend Thomas Manlove, Clerk, is Vicar of the said Vicarage and Church, and as such is entitled to the Great and Small Tythes, or Payments in lieu thereof, now payable within the said Part of the said Hamlet or Liberty of Spondon called Locko, and is also entitled to all and singular the Vicarial or Small Tythes and Dues arising and becoming due within any other Part of the said Hamlet or Liberty of Spondon (except the Tythe Herbage of a Close or Piece of Grass Ground belonging to the said Sir Robert Mead Wilmot, called Bailey Meadow, which Tythe Herbage belongs and is paid to the Vicar of the Parish of Elvaston, in the said County of Derby) and is also the Owner of, and entitled to certain Parcels of Glebe Land lying and being in Spondon aforesaid; and the said Edward Miller Mundy, John Radford, and Evan Lewis, as Trustees as aforesaid, Sir Robert Mead Wilmot, William Richardson, Joseph Osborne, John Dodsley Flamsteed, Enquire, and others, are the Owners and Proprietors of the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds:

And whereas The Open Fields, Common Pastures, Common or Moor, and Waste Grounds, are in their present Situation incapable of any considerable Improvement; and it would be advantageous to the several Persons interested if the same were divided and Enclosed: But as such Division and Enclosure cannot be effected without the Authority of Parliament,

Commissioners

May it therefore please Your MAJESTY, That it may be Enacted; And be it 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 Samuel Wyatt, of Burton upon Trent, in the County of Stafford, Benjamin Chambers, of Tibshelf; in the said County of Derby, and Thomas Fletcher, of Whitwell, in the said County of Derby, Gentlemen, and their Successors, to be elected in Manner hereinafter mentioned, shall be, and they are hereby appointed Commissioners for dividing and inclosing the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, and for putting this Act into Execution.

Commissioners to take an Oath

And be it further Enacted, That no Person shall be capable of acting as a Commissioner in the Execution of this Act (unless it be the Power hereby given of administering Oaths, and giving Notice of the First Meeting) until he shall have taken and subscribed an Oath to the following Effect :

Oath

"I A. B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, execute the Trusts reposed in me as a Commissioner, by virtue of an Act of Parliament for dividing and inclosing the Open Fields, Common Pastures, Common or Moor, and Waste Grounds, within the Hamlet or Liberty of Spondon, in the County of Derby, without Favour or Affection, Malice or Hatred to any Person or Persons whomsoever, So help me GOD."

Which Oath it shall and may be lawful to and for any One of the said Commissioners to administer, and he is hereby required to administer the same to any other of the said Commissioners ; and the said Oath, so taken and subscribed by each Commissioner, shall be written on Parchment, and inrolled with the Award or Instrument hereinafter mentioned.

Survey

And, to the End that a Division and the several Allotments survey. may be made with greater Certainty and Exactness, Be It further Enacted, That Robert Smedley, of Chaddesden, in the said County of Derby, Land Surveyor, and, in case of his Death or Refusal to act, such other Person as shall from Time to Time be appointed by the said Commissioners, or any Two of them (which Appointment the said Commissioners, or any Two of them, are hereby impowered to make) shall within Six Calendar Months next after the passing of this Act, or so soon as conveniently may be, make, or cause to be made, a true and perfect Survey, Admeasurement, and Plan of all the Homesteads, Inclosed Lands, Grounds, Open Fields, Common Pastures, Common or Moor, and Waste Grounds, within the Hamlet or Liberty of Spondon aforesaid ; and such Survey and Admeasurement shall be reduced into Writing, and shall specify the Number of Acres, Roods, and Perches, contained in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, and also the Number of Acres, Roods, and Perches, of Homesteads, Orchards, Gardens, and Inclosed Lands, belonging to each and every Proprietor thereof, and Persons interested therein, at the Time of making such Survey ; which Survey, Admeasurement, and Plan shall, so soon as conveniently may be after the same shall be completed, be laid before the said Commissioners, or any Two of them, to be by them kept for the Purposes of this Act.

Surveyor to take an Oath.

And be it further Enacted, That no Person shall be capable of acting as a Surveyor for the Purpose aforesaid, until he shall have taken and subscribed an Oath to the following Effect : "I A. B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, without Favour or Affection to any Person or Persons whoinsoever, make a true, distinct, and perfect Survey, Admeasurement, Map, and Plan of the several Homesteads, Inclosed Lands, Open Fields, Common Pastures, Common or Moor, and Waste Grounds, within the Hamlet or Liberty of Spondon, in the County of Derby, or such Part or Parts thereof as I shall be directed or appointed to survey by the Commissioners appointed to put in Execution an Act of Parliament for dividing and inclosing the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds ; and that I will reduce the same into Writing, and therein set forth the Number of Acres, Roods, and Perches, contained in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds ; and also the Number of Acres, Roods, and Perches, of the said Homesteads and Inclosed Lands belonging to each Proprietor thereof, and Person interested therein, at the Time of making such Survey; and that I will lay the same before the Commissioners appointed to put the said Act in Execution, pursuant " to the Directions of the said Act. So help me GOD." Which Oath it shall and may be lawful to and for any One of the said Commissioners to administer, and he is hereby required to administer the same to any other of the said Commissioners ; and the said Oath, so taken and subscribed by each Commissioner, shall be written on Parchment, and inrolled with the Award or Instrument hereinafter mentioned.

Survey

Surveyor to take an Oath

And be it further Enacted, That no Person shall be capable of acting as a Surveyor for the Purpose aforesaid, until he shall have taken and subscribed an Oath to the following Effect : "I A. B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, without Favour or Affection to any Person or Persons whoinsoever, make a true, distinct, and perfect Survey, Admeasurement, Map, and Plan of the several Homesteads, Inclosed Lands, Open Fields, Common Pastures, Common or Moor, and Waste Grounds, within the Hamlet or Liberty of Spondon, in the County of Derby, or such Part or Parts thereof as I shall be directed or appointed to survey by the Commissioners appointed to put in Execution an Act of Parliament for dividing and inclosing the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds ; and that I will reduce the same into Writing, and therein set forth the Number of Acres, Roods, and Perches, contained in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds ; and also the Number of Acres, Roods, and Perches, of the said Homesteads and Inclosed Lands belonging to each Proprietor thereof, and Person interested therein, at the Time of making such Survey; and that I will lay the same before the Commissioners appointed to put the said Act in Execution, pursuant to the Directions of the said Act. So help me GOD." Which Oath it shall and may be lawful to and for any One of the said Commissioners to administer to such Surveyor accordingly ; and the said Oath, so taken, shall be subscribed by such Surveyor, and shall be written on Parchment, and inrolled with the Award or Instrument hereinafter mentioned.

Power to enter Lands for making a Survey

And be it further Enacted, That the said Surveyor and his Successors, together with such Person or Persons as shall or may be employed by him or them, shall and may have full Power and Authority, at any Time or Times, until the said intended Inclosure shall be completed, to enter into and upon, view, examine and admeasure the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds so directed to be inclosed as aforesaid, and also the Homesteads, Inclosed Lands, and Grounds aforesaid.

Directing the Course of Husbandry.

And be it further Enacted, That from and after the passing of this Act the said Commissioners, or any Two of them, shall order, direct, and appoint the Course of Husbandry that shall be used in the Tillage Parts of the Lands and Grounds to be inclosed as aforesaid, until such Time as they shall have completed their Award or Instrument hereinafter mentioned ; and that all and every Persons Estates in the said Lands and Grounds shall be liable and subject to such Directions as they the said Commissioners, or any Two of them, shall appoint, as well in regard to the tethering, mowing, and stocking, as to the Plowing, Tillage, or laying down be it the same.

For ascertaining the Breadth of the Road between Spondon and White Legs Lane.

And be it further Enacted, That the said Commissioners shall, and they are hereby required, at their First Meeting for the Execution of this Act to set out, ascertain, and appoint a public Carriage Road, Forty Feet wide between the Fences thereof, from the Village of Spondon aforesaid, over the said Common or Moor, called Spondon Moor, to a certain Lane, called White Legs Lane, within the Parish of Dale, otherwise Dale Abby, in the said County of Derby ; and the said Commissioners, or any Two of them, shall (without unnecessary Delay) at the Costs and Charges of the several Owners and Proprietors of the Lands and Grounds hereby intended to be divided and inclosed, cause the said Road to be properly and well formed, and covered with Stone or Gravel, or both, where necessary, and put into good and substantial Repair, before the First Day of December, One thousand Seven hundred and Eighty-nine.

For Setting out Roads

And be it further Enacted, That the said Commissioners, or any Two of them, shall, and they are hereby authorized and required to set out, ascertain, and appoint such other both public and private Roads, Highways, and Footways in, over, and through the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, of such Breadths as they in their Judgment shall think necessary, so as such public Roads shall be and remain Forty Feet wide between the Fences, and shall be well and Sufficiently fenced on both Sides by such of the Owners and Proprietors of the Lands and Grounds, and within such Time (not exceeding Two Years from the Time of the Execution of the said Award or Instrument of the said Commissioners) as the said Commissioners, or any Two of them, shall direct and appoint; and that it shall not be lawful for any Person to erect any Gate across any of the said Roads, or to plant any Trees in or near the Hedges on the Sides of any of the said Roads at a less Distance from each other than Fifty Yards; and after the said Roads shall have been set out as aforesaid the said Commissioners, or any Two of them, shall, and they are hereby impowered and required, by Writing under their Hands, to appoint some proper Person to be a Surveyor of the said Roads, and such Surveyor shall cause the same to be fenced and put in good and sufficient Repair, and shall be allowed such Salary or Reward for his Trouble therein as the said Commissioners, or any Two of them, shall by Writing under their Hands direct and appoint, which said Salary or Reward, and also the Expences (over and above the Statute Duty) of forming the said Roads, and of putting the same in good and sufficient Repair, shall be borne and paid by the several Owners and Proprietors of the Lands and Grounds hereby intended to be divided and inclosed, and shall be raised and paid in such Manner as the Costs and Charges of obtaining and executing this Act are hereinafter directed to be raised and paid ; and that no Person or Persons, other than the Owners or Proprietors of the said Lands and Grounds, shall be charged or chargeable (over and above the said Statute Duty) towards the forming and repairing the said Roads, until the same shall be made fit for the Passage of Travellers and Carriages, and shall have been certified so to be by the said Surveyor, by Writing under his Hand, to be delivered to the Justices at some Quarter Sessions of the Peace to beholden for the County of Derby, and such Certificate shall have been allowed and confirmed by them, which said Certificate shall be delivered to the said Justices at their Quarter Sessions to be holden next after the said Roads shall be formed and put in good and sufficient Repair as aforesaid, and within the Space of Two Years next after the Execution of the said Award or Instrument, 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 are hereby impowered to allow such further Time for delivering in the said Certificate as they shall think proper, not exceeding One Year ; and in case the said Surveyor shall neglect or refuse to deliver in such Certificate within the Time before limited, such Surveyor shall forfeit and pay the Sum of Twenty Pounds, to be raised and levied by Distress and Sale of the Goods and Chattels of the said Surveyor making Default as aforesaid, by Warrant under the Hand and Seal of One of His Majesty's Justices of the Peace for the said County of Derby, not interested in the said Inclosure, and the same shall be applied in and towards the Payment of the Expences of forming and repairing the said Roads so to be set out as aforesaid ; and that from and after such Certificate shall have been delivered to the said Justices by the said Surveyor as aforesaid, and shall have been by them allowed and confirmed, the said Roads shall from Time to Time be supported and kept in Repair in the same Manner as the other public Roads within the said Hamlet or Liberty are by Law required to be amended and kept in Repair ; and the said Commissioners, or any Two of them, shall, and they are hereby also impowered and required to set out and appoint, or cause to be made, erected, and compleated, such public Bridle Roads and Footways, and private Roads and Ways, and also such Drains, Ditches, and Watercourses, Bridges, Stiles, and other Conveniencies, in, over, and upon the Lands and Grounds hereby intended to be inclosed, exonerated from Tythes, exchanged, or divided, as they shall think requisite, and the same shall be made and erected, and at all Times hereafter repaired, cleansed, maintained, and kept in Repair, by such Person or Persons, and in such Manner as the said Commissioners, or any Two of them, shall in and by their said Award or Instrument direct and appoint ; and also that it shall and may be lawful to and for the said Commissioners, or any Two of them, to divert, stop up, alter, or change any old public or private Road or Footway, and also to scour and straighten any ancient Brook or Watercourse, over or upon the Lands and Grounds intended to be inclosed, exonerated from Tythes, exchanged, or divided as aforesaid ; and that after the several public and private Roads and Ways shall have been set out and made, altered, diverted, and stopped up, as hereinbefore mentioned, it shall not be lawful for any Person or Persons whomsoever, either on Foot, or with Horses, Carts, or Carriages, to use such ancient or other public or private Roads or Ways, which shall be so turned or altered, in or over the said Lands and Grounds to be inclosed, exonerated from Tythes, exchanged, or divided as aforesaid, or any of them.

Not to alter the Turnpike Road, &c.

Provided nevertheless, That nothing herein contained shall extend to authorize the said Commissioners to alter or change the present Turnpike Road from Derby to Nottingham.

Ancient public Roads which shall be too narrow to be widened.

And be it further Enacted, That it shall and may be lawful for the said Commissioners, or any Two of them, to cause such ancient public Roads or Highways within the said Hamlet or Liberty of Spondon, as they shall deem to be too narrow, to be widened, and extended to the Breadth of Forty Feet, or such less Width as the said Commissioners, or any Two of them, may deem necessary, on making Recompence and Satisfaction to the respective Owner or Owners of the Land and Ground to be taken away for that Purpose, by other Lands of equal Value, which Roads or Ways, when so widened and extended, shall for ever thereafter be and remain of the Breadth of Forty Feet, or such less Width as the said Commissioners, or any Two of them, shall determine and set out. And be it further Enacted, That all Persons having or claiming any Right of Common, or other Interest, in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, or any Part thereof, shall, and they are hereby required, by themselves, their Agents or Servants respectively, on or before the Third Meeting of the said Commissioners for carrying this Act into Execution (Meetings by Adjournment only excepted) to give and deliver to the said Commissioners, or any Two of them, in Writing under their respective Hands, their several Claims, together with a Description of the Estates whereby, or in virtue of which they claim such Right as aforesaid ; and all and every Person and Persons neglecting to give or deliver, or cause to be given or delivered, such Claims as aforesaid, shall be and they are hereby excluded and debarred of and from all Right and Title of, in, or to the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, and from any Part, Share, or Allotment in lieu thereof, and also of and from all Right, Title, and Interest whatsoever of, in, or to the several Parts to be allotted to any Person or Persons by virtue of this Act; and that no Claim or Claims whatsoever of any Right of Common, or other Interest, upon or in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, or any Part thereof, shall be made, received, or allowed, except at or before the said Third Meeting of the said Commissioners ; and that all and every Claim and Claims of any Right or Interest in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, which shall be given or delivered to the said Commissioners, or any of them, in Writing as aforesaid, shall be produced by the said Commissioners, or any of them, at the Request of any Proprietor or Proprietors interested in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, who shall have Liberty to inspect the same ; and that all and every Person and Persons who shall claim any Right of Common, or other Interest, of and in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, and whose Claim shall be objected to, and who shall neglect or refuse, for the Space of Twenty-one Days after Notice given in the Derby News-paper, or a Notice signed by the said Commissioners, or any Two of them, left at his, her, or their usual Place or Places of Abode, to produce Evidence of, and prove, to the Satisfaction of the said Commissioners, or any Two of them, his, her, or their Right, in respect of his, her, or their Claim or Claims that shall be objected to (such Person or Persons being of lawful Age, and not under any legal Disability) it shall and may be lawful to and for the said Commissioners, or any Two of them, to exclude such Person or Persons respectively from any Share in the said Division and Inclosure, unless the said Commissioners, or any Two of them, shall see good Cause for prolonging the Time for producing Evidence in Support of such Claim.

Right of Common to be ascertained.

And be it further Enacted, That the said Commissioners, or to any Two of them, shall and they are hereby authorized and impowered, so soon as conveniently may be after the passing of this Act, to examine into, settle, determine, and ascertain, by Examination of Witnesses upon Oath (which Oath the said Commissioners, or any of them, are or is hereby impowered to administer) or by such other Information and Means as they shall think necessary, the several and respective Rights of Common and other Interest claimed by any Person or Persons, and all Differences and Disputes which shall arise between the Parties interested or claiming to be interested in the said intended Division and Inclosure, or any of them, concerning their respective Rights, Shares, and Interests in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, or their respective Allotments, Shares, and Proportions, which they, or any of them, ought to have in the said intended Division and Inclosure ; but in case any Person or Persons interested in the said intended Division and Inclosure shall be dissatisfied with the Determination of the said Commissioners, or any Two of them, respecting the Right of Common on the said Lands and Grounds hereby intended to be inclosed, and shall give Notice thereof in Writing to the said Commissioners, or any Two of them, within One Calendar Month next after such Determination, it shall and may be lawful to and for such Person and Persons so dissatisfied with the said Commissioners Determination to commence an Action or Actions against the said Commissioners, or any Two of them, to try the Right at Law respecting the said Right of Common, and the said Plaintiff or Plaintiffs, or Defendants, shall proceed to a Trial .at Law at the First or Second Assizes to be holden for the County of Derby, next after the Determination of the said Commissioners, or any Two of them, in a feigned Action or Actions, and the Issue or Issues in such Action or Actions shall be settled by His Majesty's Court of King's Bench, if the Parties cannot amicably settle the same ; and at the Trial or Trials of such Action or Actions the Defendants shall admit a Title in the Plaintiff or Plaintiffs, and Trespass committed by the Defendants, in order that the Question or Questions of Right of Common may be fairly tried ; and the Verdict given in such Action or Actions, if satisfactory to the Court out of which the Record shall issue, shall be binding and conclusive upon all Parties whomsoever, as well those named in the said Action or Actions, as all other Proprietors interested in the said Lands and Grounds ; and if the Verdict shall be in Favour of the said Commissioners Determination, then and in such Case the Costs of such Action and Actions shall be borne and defrayed by the Plaintiff or Plaintiffs in such Action or Actions ; but in case the Verdict shall be given against the Commissioners, then the Costs of such Action or Actions shall be borne and defrayed by the Proprietors at large (the said Thomas Manlove, Vicar of the said Parish of Spondon, and his Successors, excepted) and shall be assessed and levied by the said Commissioners, or any Two of them, in the same Manner, and under the same Powers, as are hereinafter given for raising the Expenses of this Act ;

But if no Trial, Commissioners Determination to be final.

but if no such Notice in Writing shall be given to the said Commissioners, or if the said Action or Actions shall not be brought to Trial as aforesaid, every Determination of the said Commissioners, or any Two of them, respecting the said Right of Common, shall be allowed, and shall be final and conclusive, and shall be binding to and upon all Person and Persons whomsoever, and shall never thereafter be suffered to be litigated, controverted, or disputed, upon any Account or Presence whatsoever.

Not to extend to Titles.

Provided always, That nothing herein contained shall authorize the said Commissioners to determine any Differences or Disputes which may arise touching the Title of any Person or Persons in or to any Part of the Lands to be allotted by virtue of this Act, for which the Parties may commence and prosecute such Suits and Remedies as they shall be advised and think proper ; but no such Differences or Disputes shall impede or hinder the said Commissioners, or any of them, in the Execution of the Powers vested in them by this Act, but the Division and Inclosure by this Act directed to be made shall be proceeded in, notwithstanding such Differences and Suits, and in case of such Differences or Suits, the said Commissioners or any Two of them shall set out the Land which shall be allotted in lieu of such disputed or litigated Right or Property, so that it may be distinguished from any other Land, and may be had and taken by Person or Persons who upon the Determination of such Difference or Suit shall become entitled to the same.

Allotment for getting Stone and Gravel for the Highways.

And be it further Enacted, by the Authority aforesaid, That the said Commissioners, or any Two of them, shall, and they are hereby authorized and required (after they shall have set out the necessary Roads and Ways over the Lands and Grounds hereby intended to be divided and inclosed as aforesaid) to set out and allot unto the Surveyors of the Highways for the said Hamlet or Liberty of Spondon for the Time being such Part or Parts of the said Lands or Grounds to be inclosed as aforesaid not exceeding One Acre, as they the said Commissioners, or any Two of them, shall think fit for the getting Gravel and Stone for the Purpose of repairing the public Highways, and other Roads and Ways of the said Hamlet or Liberty, which now are or hereafter shall be within the same.

Allotments to the Lords of the Manor in lieu of their Right of Soil.

And be it further Enacted, That the said Commissioners, or any Two of them, shall, and they are hereby required, in the next Place, to set out and allot unto and for the said Edward Miller Mundy, John Radford, and Evan Lewis, as Lords of the said Manor of Spondon (as Devisees thereof in Trust as aforesaid) so much of the said Lands and Grounds hereby intended to be inclosed as shall in the Judgment of the said Commissioners, or any Two of them (Quantity, Quality, and Situation considered) be equal in Value to One Sixteenth Part of the said Common or Piece of Waste Ground called Spondon Moor, hereby intended to be inclosed, for and in lieu of and as a full Compensation and Satisfaction for their Right or Claim to the Soil of all or any Part of the said Lands and Grounds intended to be divided and inclosed as aforesaid, and for their Consent to the Inclosure thereof.

Allotments in lieu of Tythes.

And be it further Enacted, That the said Commissioners, or any Two of them, shall, and they are hereby required, in the next Place, to set out and allot unto and for the said Sir Robert Mead Wilmot, William Richardson, Thomas Manlove, as Vicar as aforesaid, Joseph Osborne, and the said other Owners of Tythes (except the said Vicar of Elvaston) so much and such Parts of the Residue of the Lands and Grounds intended to be divided and inclosed as in the Judgment of the said Commissioners, or any Two of them, (Quantity, Quality, and Situation considered) shall be equal in Value to the following Proportions ; that is to say, Two Fifteenths, or Two Acres in Fifteen, of all such Parts of the said several Open Fields, called Derby Field, Brook Field, and Burrow Field, as are now subject or liable to the Payment of Tythes ; One Ninth Part of the said Common Pastures, called The Leys and Waste ; and One Tenth Part of the said Common or Piece of Waste Ground, called Spondon Moor; and also set out and allot such further Part of the then Residue of the said Open Fields, as (together with the Sum or Sums of Money hereinafter directed to be paid by the Owners or Proprietors who shall not have Open Lands sufficient to exonerate their Homesteads and Inclosed Lands from Tythes) shall be equal (Quantity only considered) to One Tenth Part, or One Acre in Ten, of such of the Homesteads and Inclosed Lands, within the said Hamlet or Liberty of Spondon (except that Part of the said Hamlet or Liberty of Spondon, called Locko) as are now subject or liable to the Payment of Tythes, such last-mentioned Lands to be at the Average Value of the whole of the Lands in the said Open Fields, and to be raised and taken from and out of the Lands and Interests of the several Proprietors, in Proportion to the Value of their respective Homesteads and Inclosed Lands to be thereby exonerated from Tythes; and the said Commissioners, or any Two of them, shall and they are hereby authorized and required to set out and allot unto and for the said Thomas Manlove, as Vicar as aforesaid, in lieu of his Vicarial or Small Tythes arising, renewing, or increasing within the said Hamlet or Liberty of Spondon (except that Part of the said Hamlet or Liberty of Spondon called Locko) so much and such Part of the Lands and Grounds so to be let out and allotted in lieu of Tythes as aforesaid, as in the Judgment of the said Commissioners, or any Two of them, shall be of the Yearly Value of Twenty-eight Pounds clear of all and all Manner of Taxes and Deductions whatsoever, and afterwards shall subdivide, apportion, and allot the Residue of the said Lands and Grounds so to be set out and allotted in lieu of Tythes as aforesaid unto and amongst the said Sir Robert Mead Wilmot, William Richardson, Joseph Osborne, and the said other Owners of Tythes as aforesaid (except the said Vicar of Elvaston) in Severalty, in such Parts, Shares, and Proportions, Manner and Form, as they the said Commissioners, or any Two of them, shall in their Judgment think just and reasonable, according to their several and respective Rights, Shares, and Interests, in and to the said Tythes, before such Allotments were made; and shall also set out and allot unto and for the said Thomas Manlove, as Vicar as aforesaid, such further and additional Quantity of Land or Ground in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds (Quantity, Quality, and Situation considered) as in the Judgment of the said Commissioners, or any Two of them, shall be equal in Value to the present Glebe Lands of the said Vicar, within the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, hereby intended to be divided and inclosed ; which said Allotments to be made to the said Sir Robert Mead Wilmot, William Richardson, Thomas Manlove, Joseph Osborne, and the other Owners of Tythes as aforesaid, and the Lands to be allotted to the said Thomas Manlove for his Glebe Lands, shall immediately after the Inclosure thereof be in lieu of Glebe Lands, and in full Satisfaction and Compensation for the said Glebe Lands, all and all Manner of Tythes, both Great and Small, arising, renewing, increasing, or happening within the Hamlet or Liberty of Spondon aforesaid, payable to the said Sir Robert Mead Wilmot, William Richardson, Thomas Manlove, as Vicar as aforesaid, Joseph Osborne, and the said other Owners of Tythes, or any of them (except the Tythes, both Great and Small, of the said Part of the said Hamlet or Liberty of Spondon, called Locko; also except customary Mortuaries and Surplice Fees ; and also except the said Tythe Herbage of the said Close called Bailey Meadow.)

Lands to be in out for Common Right Houses and Toftsteads.

And be it further Enacted, That the said Commissioners, or any Two of them, shall and they are hereby authorized and required to set out and allot unto each and every Person and Persons who are the Owners of ancient Toftsteads, and Houses standing thereupon, within the said Hamlet or Liberty of Spondon, which have Time immemorial paid any Sum or Sums of Money, commonly called a Common Fine, and have enjoyed an uninterrupted Right of Common upon the said Common or Moor, and Waste Grounds, so much of the Lands intended by this Act to be divided and inclosed, as (Quantity, Quality, and Situation considered) shall be equal in Value to Three Roods of that Part of the said Lands and Grounds hereby intended to be divided and inclosed called Spondon Moor, in lieu of and full Compensation and Satisfaction for their Right of Common for such Houses and Toftsteads as aforesaid, in and upon all or any Part of the said Lands said Grounds to be inclosed as aforesaid.

Allotting the Residue.

And be it further Enacted, That the said Commissioners, or any Two of them, shall in the next Place set out, divide, and allot the Residue of the Lands and Grounds hereby intended to be divided, allotted, and inclosed, between and amongst the said Edward Miller Mundy, John Radford, and Evan Lewis, as Trustees as aforesaid, Sir Robert Mead Wilmot, William Richardson, Joseph Osborne, John Dodsley Flamsteed, and the several other Persons who at the Time of making such Division and Allotments shall be entitled to Lands, Property, or Right of Common in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, in Proportion to their respective Shares, Rights, Properties, and Interests therein ; and the said Commissioners, in making every of the Allotments by this Act directed to be made, shall have a due Regard to the Quantity and Quality of the Land to be allotted, and the Situation of the Dwelling or Farm Houses of the Persons to whom such Allotments shall be made, so as to allot to them respectively their Lands as near and contiguous to such Houses as shall be consistent with the general convenient Partition and Division of the Lands and Grounds to be inclosed by virtue of this Act.

Allotment to the Vicar for the Tythes of Nether Locko.

And be it further Enacted, That the said Commissioners, or any Two of them, shall, and they are hereby authorized and required to set out and allot unto and for the said Thomas Manlove, as Vicar as aforesaid, from and out of the Allotments to be made by virtue of this Act to the Owners and Proprietors of Lands and Hereditaments situate in that Part of the said Hamlet of Spondon called Nether Locko now subject and liable to the Payment of Great and Small Tythes, so much and such Quantity of Land as shall, in the Judgment of the said Commissioners, or any Two of them, be equivalent to and a full Satisfaction for the said Great and Small Tythes ; and in case the Allotments to be made to such Owners and Proprietors shall not be sufficient to compensate for the said Great and Small Tythes, then and in such Case the said Commissioners, or any Two of them, shall, and they are hereby authorized and required, to set out and allot unto and for the said Thomas Manlove, as Vicar as aforesaid, such Part or Parts of the inclosed Lands and Hereditaments belonging to such Owners and Proprietors respectively, situate within any Part of the said Hamlet of Spondon, as, together with the said Allotments, shall be equivalent to and a full Satisfaction for such Great and Small Tythes ; and from and after the said last-mentioned Allotments shall be made, the said Great and Small Tythes shall cease and be for ever extinguished.

Proprietors not having Open Lands sufficient to exonerate their old inclosed land from Tythes to pay Money.

And whereas it may so happen that the Owners or Proprietors of some of the Homesteads and inclosed Lands hereby intended to be exonerated from Tythes may not have any or so much Property in the said Lands and Grounds intended to be inclosed as shall be equal in Value to the Tythes of their said Homesteads and inclosed Lands, Be it therefore further Enacted, That the several Owners or Proprietors of such Homesteads or inclosed Lands shall, and they are hereby required, to pay to the said Commissioners, or to such Person or Persons as they, or any Two of them, shall appoint to receive the same, such Sum or Sums of Money as they the said Commissioners, or any Two of them, shall ascertain (together with the Rights and Interests which the said Owners or Proprietors may respectively be possessed of or intitled to in the said Lands and Grounds to be inclosed) to be equal in Value to such Tythes, according to the Proportion hereinbefore directed to be allotted in lieu of the Tythes of Homesteads and inclosed Lands; and the said Commissioners, or any Two of them, shall, and they are hereby required, within One Calendar Month next after they shall receive the said Sum or Sums of Money, to pay and divide the same unto between the said Sir Robert Mead Wilmot and William Richardson, their respective Heirs and Assigns, in Rights, Proportion to their several and respective Rights, Shares, and Interests in and to the said Tythes.

That the Money to be paid for Exoneration from Tythes shall be laid out in Estates to be settled to the same Uses as the Tythes were.

And be it further Enacted, That in case the Money so to be paid unto and between the said Sir Robert Mead Wilmot and William Richardson, shall exceed the Sum of Fifty Pounds to either of them, the same shall be paid to some Person or Persons by them respectively to be nominated to receive the same, in Trust, with all convenient Speed, to be re-invested in the Purchase of other Tenements and Hereditaments, which shall be conveyed and settled to and upon, and subject to the like Uses, Trusts, Limitations, Remainders, and Contingencies as the Tythes for which such Purchase Money shall be paid as aforesaid, were settled, limited, or assured, at the Time of such purchasing of the same, or so many thereof as at the Time of making such Conveyances and Settlements shall be existing and capable and capable of taking Effect.

Lands inclosed from the Open Fields, since 1st March 1784, to be deemed Open Land, and allotted accordingly.

And be it further Enacted, That all Lands Grounds which have been taken in and inclosed from the said Open Fields, or any of them, since the First Day of March which was in the Year of our Lord One thousand seven hundred and Eighty-four, shall in all Respects be considered, and are hereby deemed Part of the said Open Fields, and the same shall be set out and allotted by the said Commissioners as Part thereof accordingly.

Allotment to Persons in Trust for any Charity.

And be it further Enacted, That the said Commissioners, or. any Two of them, shall and may set out and allot to such Person or Persons respectively who, at the Time of making the Allotments so to be made in pursuance of this Act, shall be seised of any Lands or Grounds in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, in Right of, or in Trust for any Hospital, School, or other public Charity or Use, such Parcel or Parcels of the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, as shall in the Judgment of the said Commissioners, or any Two of them, be such respective Person or Persons Proportion or Proportions thereof, after a Deduction of so much as shall in the Judgment of the said Commissioners, or any Two of them, be equal in Value to his, her, or their respective Proportion of the Expenses of the outside mounding or fencing such Allotment or Allotments respectively, and the Charges and Expences incident to the obtaining, passing, and executing this Act, and of such other Expences as are herein directed to be paid and borne for them respectively by the rest of the Owners or Proprietors of Lands in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds.

Allotments to Tenants in Common to be let out in Severalty, if desired.

And be it further Enacted, That the Allotment or Allotments to be made by virtue of this Act for or in respect of any Messuages, Cottages, Lands, Tenements, or Hereditaments, which at the Time of making such Allotment or Allotments shall be held by Tenants in Common, shall be divided, allotted, and set out, to the Owners or Proprietors thereof who shall desire the same, in Severalty, according to their several and respective Interests therein.

Commissioners may exchange Messuages, Lands, and Tenements, with Consent of the Owners.

And be it further Enacted, That for the more convenient Situation and Disposition of the several Farms and Lands to the Owners and Occupiers thereof upon the said intended Division , and lnclosure, it shall and may be lawful to and for the said Commissioners or any Two of them and they are hereby authorized and impowered to set out, allot, divide, and apportion any, Messuages, Barn, or other Building, or the Whole or any Part or Parcel of the Lands or Grounds hereby intended to be divided and inclosed, and other Hereditaments and Premises, or Part or Parcel of any ancient inclosed Lands, Chief Rents, or Quit Rents, lying within the said Hamlet or Liberty of Spondon, or any adjoining or neighbouring Lordship or Lordships, which belong to any of the Owners or Proprietors interested in the said Lands and Grounds hereby intended to be divided and inclosed, and who shall have in him, her, or them any Estate of Inheritance in Fee Simple or Fee Tail, or being Tenant or Tenants for Life or Lives, or being Joint Tenants, or Tenants in Common thereof, in lieu of and in Exchange for other Lands or Grounds, Hereditaments and Premises, lying in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, so intended to be divided and inclosed as aforesaid, or in lieu of and in Exchange for any other inclosed Lands or Grounds, Chief Rents, or Quit Rents, within the said Hamlet or Liberty, or any adjoining Lordship or Lordships, so as all and every such Exchange or Exchanges, Division or Divisions, be ascertained, specified, and declared in the Award or Instrument of the said Commissioners hereafter mentioned, and so as every such Exchange and Division be made by and with the Content and Approbation of the respective Owners or Proprietors interested therein, who shall have such Estate of Inheritance in Fee Simple, Fee Tail, or being Tenant or Tenants for Life or Lives, or being Joint Tenants, or Tenants in Common, testified under their respective Hands and Seals; and all and every such Exchange and Exchanges, Division and Divisions, so to be made, shall be good, valid, and effectual in the Law, to all Intents and Purposes whatsoever, notwithstanding any Settlement, Trust, Limitation, or Use, of the House, Barn, or Building, Lands or Grounds, Hereditaments, Premises, Chief Rents, or Quit Rents, so exchanged or divided, or any Part thereof, or notwithstanding any Want of Title in the Parties so exchanging or dividing.

Guardians may consent to exchange for Persons incapacitated.

And it further Enacted, That if any infant, or other Person under any Disability or Incapacity, shall be the Owner or Owners, or Proprietor or Proprietors, or being Joint Tenants, or Tenants in Common of such Houses, or other Buildings, Lands, Rents, Grounds, and Premisses, it shall and may be lawful to and for the Guardian or Guardians, Trustee or Trustees, Committee or Committees for such infant, or Person under such Disability or Incapacity, to consent to such Exchange and Division on Behalf of such infant or incapacitated Person such Exchange being ascertained, specified, and declared as above mentioned.

Not to prejudice any Wills, &c.

Provided always, and be it further Enacted and Declared, That nothing in this Act contained shall extend, or be construed to extend, to revoke, make void, alter, or annul any Deed, Will, or Settlement, or to prejudice any Person or Persons having any Right or Claim of Dower, Jointure, Portion, Mortgage, Debt, or other Incumbrance, out of, upon, or affecting any of the Lands or Grounds to be divided and inclosed as aforesaid, or any Part or Parcel thereof, or any of the Lands, Tenements, or Hereditaments which shall be exchanged, parted, or divided in pursuance of this Act, or any Part thereof respectively, and the several Messuages, Tenements, Lands, and Grounds so to be assigned, allotted, exchanged, parted, divided, and inclosed as aforesaid, shall, immediately after such Allotment, Exchange, Partition, or Division, respectively be, remain, and ensure to the several Persons to whom the same shall be so allotted or given in Exchange, or upon Partition or Division as aforesaid, and such Person shall from thenceforth stand and be seised thereof respectively to such and the same Uses, and for such and the same Estates, and under and subject to such and the same Settlements, Limitations, Remainders, Rents, Charges, and Incumbrances, and under such and the same Restrictions, Covenants, and Agreements, and no other, as the several Messuages, Tenements, Lands, and Estates, in lieu or in respect whereof such Allotments, Exchanges, Divisions, or Partitions shall be made as aforesaid, now are, or would have been subject to, or charged with, or affected by, in case the same Messuages, Tenements, Lands, and Grounds had remained uninclosed, unexchanged, or undivided, or this Act had not been made.

Award to be made.

And be it further Enacted, That as soon as conveniently may be after the said Commissioners, or any Two of them, shall have compleated and finished the said Allotments, Exchanges, Divisions, and Partitions of the Lands and Grounds hereby intended to be divided and inclosed, or of any Messuages, Houses, Buildings, Tenements, or Old Inclosures, Hereditaments, and Premisses which shall or may be allotted, exchanged, parted, or divided, pursuant to the Directions and Purport of this Act, they the said Commissioners, or any Two of them, shall form and draw up, or cause to be formed and drawn up, an Award or Instrument in Writing, which shall express and denote the Number, in Statute Measure, of Acres, Roods, and Perches, contained in the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, intended to be divided and inclosed as aforesaid, and of the Messages, Houses, Lands, Tenements, and Old Inclosures, which shall or may be exchanged, divided, or parted, and the Quantity of each and every Part and Parcel thereof which shall be aligned and allotted to, or exchanged and divided with, each and every of the Proprietors intitled to and interested in the same, and a Description of the Situation, Buttals, and Boundaries of the same Parcels and Allotments respectively; and the said Award or Instrument shall contain and express such Orders and Directions for ditching and fencing the several Allotments, and for keeping such Ditches and Fences in Repair, and for laying out, making, and maintaining proper Roads, Ways, Drains, Watercourses, and other Requisites, in, over, and through the said Lands and Grounds hereby intended to be inclosed, exonerated from Tythes, exchanged, or divided, as aforesaid, and also such other Orders, Determinations, and Regulations, as the said Commissioners, or any Two of them, shall think proper and necessary to be inserted in the said Award or Instrument, and conformable to the Tenor and Purport of this Act; which said Award or Instrument shall be fairly ingrossed or written on Parchment, and signed and sealed by the said Commissioners, or any Two of them, and shall, within Six Calendar Months next after the Execution thereof, together with a fair Copy of the said Plan, to be thereto annexed, be inrolled in One of His Majesty's Courts of Record at Westminster, or by the Clerk of the Peace for the County of Derby (who is hereby required to receive and inroll the same) and after being so inrolled the same shall be deposited in a Box or Chest in the Parish Church of Spondon aforesaid, to the End Recourse may be had to the same by any Person or Persons interested in the said intended Division and Inclosure, and which any Person or Persons shall and may have Liberty to inspect and peruse; and a Copy of such Inrollment, or any Part thereof, signed by the proper Officer of the Court where the same shall be inrolled, or by the Clerk of the Peace or Custos Rotulorurn, or their respective Deputies, as well as the said original Award or Instrument respectively, shall from Time to Time, and at all Times hereafter, be admitted and allowed, in all Courts whatsoever, as legal Evidence of the same, which Copy the Clerk of the Peace or Custos Rotulorum, or the proper Officer or Officers where the same Award shall be inrolled as aforesaid, is and are hereby required to make and deliver to such Person or Persons requiring the same, he, she, or they paying for such Copy or Copies after the Rate of Two Pence per Sheet, reckoning Seventy-two Words to each Sheet ; and every Person and Persons interested therein shall have Liberty to inspect and peruse the same, paying to the Officer or Officers for every such inspection or Perusal One Shilling and no more ; and the said several Allotments, Divisions, Exchanges, and Partitions, and all Orders, Directions, Regulations, and Determinations, which shall be made, specified, and set forth, in and by the said Award or Instrument, in pursuance of this Act, shall be and they are hereby declared to be final, binding, and conclusive, unto and upon all and every the Parties interested in and intitled unto the Lands and Grounds hereby intended to be divided, allotted, and inclosed, exchanged, or divided, as aforesaid.

After Allotments made, Right of Common to cease.

And be it further Enacted, That from and immediately after the Allotments to be made in pursuance of this Act shall by Order of the said Commissioners, or any Two of them, be marked and staked out, all the several Shares or Allotments to be set out as aforesaid shall be in lieu of, and full Satisfaction and Compensation for, all Right of Common which the said Proprietors, or any of them, shall or might have had or been entitled to, in, over, and upon the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, or any Part thereof, and from that Time all Right of Common in or upon the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, or any Part thereof, shall cease, and be for ever barred, abolished, and extinguished.

Allotments to be accepted within a limited time.

And be it further Enacted, That the several Persons to whom any Share or Allotment shall be made of the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, in pursuance of this Act, and his, her, or their Heirs, Successors, or Assigns respectively, shall accept their respective Allotments or Shares within the Space of Six Calendar Months next after the Execution of the said Award or Instrument (public Notice being first given for that Purpose in the Parish Church of Spondon, and on the Door of the said Church, on some Sunday immediately after Divine Service, which Notice the said Commissioners are hereby required to cause to be so publicly given and published within Two Calendar Months next after the Execution of the said Award, or within any other Time previous thereto, to be appointed by the said Commissioners, or any Two of them, by Writing under their Hands) and they are hereby respectively obliged and required to accept the said Share or Shares which shall, by the said Award or Instrument, be allotted to them respectively; and in case any Person or Persons shall refuse or neglect to accept of his, her or their Share or their Allotment within the time mentioned, he she or they, be totally excluded and debarred from having or receiving any Benefit or Advantage by this present Act (save upon the Terms hereinafter mentioned) and shall also be excluded from any Estate, Right, or Interest, whatsoever, of, in, or to any of the Lands or Grounds which shall be assigned and allotted to any Person or Persons in Pursuance of this Act.

Guardians to accept for Persons incapacitated.

Provided always, and be it further Enacted, That the Guardians, Husbands, Committees,. Trustees, or Attornies, or any Person or Persons being Minors, under Coverture, Lunatics, or beyond the Seas, incapable, by Law or otherwise, to accept such Shares or Allotments so to be set out and made as aforesaid, shall be, and are hereby enabled and required, to accept thereof for the Use of such Person and Persons so incapacitated as aforesaid, and such Acceptance shall be and is hereby declared to be valid and effectual in the Law, as if the Person or Persons to or for whom such Allotments shall be made respectively were capable of acting for themselves, and had accepted such Shares and Allotments as, aforesaid, any Law or Usage to the contrary notwithstanding:

Guardian &c not accepting, incapacitated Persons to accept within Twelve Months after Incapacity removed.

Provided, That the Non-claim or Non-acceptance of any Guardian Husband, Executor, Committee, Trustee, or Attorney, shall not exclude or prejudice the Claim or Acceptance of any Infant, Feme Covert, or other Person under any such Disability as aforesaid, who shall claim or accept his, her, or their Share or Allotment within the Space of Twelve Calendar Months next after such Disability, or Incapacity shall be removed, or the Claim or Acceptance of any Person entitled as Heir, or in Remainder after the Death of any Person dying under such Disability or Incapacity, who shall claim or accept his, her, or their Share or Allotment within the Space of Six Calendar Months next after his, her, or their Right, Title, or Interest shall have. descended, vested or accrued.

Power of fencing Allotments as soon as set out.

And be it further Enacted, That it shall and may be lawful to and for all or any of the Proprietors, after their Allotments shall have been, by Order of the said Commissioners, or any Two of them, staked and set out, by and with the Consent of the said Commissioners, or any Two of them, in Writing under their Hands, to ditch out their Allotments, and to quick or otherwise fence the same, in such Manner, and at such Time or Times, as they the said Commissioners, or any Two of them, shall think fit and necessary.

Allotments when to be fenced.

And be it further Enacted, That when the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, shall be divided and allotted as aforesaid, the several Allotments shall, within Twelve Calendar Months next after the Execution of the said Award, or within any less Time, to be appointed by the said Commissioners, or any Two of them, be inclosed, hedged, ditched, drained, and fenced, at the proper Costs and Charges of the respective Persons to whom the same shall be respectively assigned and allotted, in such Manner as the said Commissioners, or any Two of them, shall by their said Award, or by such other Writing under their Hands, order and direct; and in case any Person or Persons to whom any Allotment or Allotments shall be made shall refuse or neglect to inclose, hedge, ditch, drain, and fence the same, in Manner aforesaid, then it shall and may be lawful to and for the said Commissioners, or any Two of them, and they are hereby required to cause such Allotment or Allotments to be inclosed, hedged, ditched, drained, and fenced, in Manner aforesaid, the Expences whereof shall be borne and paid in Manner hereinafter mentioned.

Vicar Allotment to be fenced at the Expence of other Proprietors.

Provided always, and it is hereby Enacted and Declared, That the Allotment or Allotments to be made unto and for the Surveyors of the Highways of the said Hamlet or Liberty of Spondon, and to and for the said Thomas Manlove and his Successors, Vicars as aforesaid, and also to and for the Trustees of any Hospital, School, or other public Charity or Use, shall, within such Time as the said Commissioners, or any Two of them, shall appoint, be inclosed and fenced round the Outsides or Boundaries thereof, in such Places where there is not a good and substantial Fence already standing, in a Workman-like Manner, with a proper Ditch, and a single Row of good Hawthorn Quicksets, and shall be guarded on each Side thereof with good Oak Posts, and a double Row of Rails, or other good and substantial Fence; and all such Fence or Fences which shall be standing or growing on any Part or Parts of the said Boundaries (if any such there shall be) not being the Property of the Owners of other Lands adjoining the said Allotments, shall be purchased, and, together with the Fences above directed to be planted, shall be paid for at the Expence of the Proprietors of the other Allotments, in Proportion to their respective Properties in the said Inclosure, such Expence, and the Proportion thereof to be said by each Proprietor, to be ascertained by the said Commissioners, or any Two of them ; and that such Fences shall for ever thereafter be maintained and kept in Repair by the Person and Persons respectively who shall be the Owners of the said Allotments so hereby directed to be Inclosed and fenced as aforesaid, any Thing herein contained to the contrary thereof in anywise notwithstanding.

Allotments so be made in lieu of certain Chief Rents, and other small Payments.

And whereas the said Edward Miller Mundy, John Radford, and Evan Lewis, as Lords of the Manor of Spondon (as Devisees thereof in Trust as aforesaid) are entitled to certain Chief Rents and other small Payments, payable out of certain Lands and Hereditaments within the said Hamlet or Liberty of Spondon,and it is thought it would be more convenient and advantageous, as well for the Proprietors of the said Lands out of which the same Chief Rents and Small Payments are Payable, as for the said Edward Miller Mundy, John Radford, and Evan Lewis, and the Lords or Lord of the Manor of Spondon for the Time being, to have Lands of the like Value per Annum assigned and allotted to them, in lieu of the said Chief Rents and other small Payments ; Be it therefore further Enacted by the Authority aforesaid, That the said Commissioners, or any Two of them, shall, and they are hereby authorized and required, with the Consent of the said Edward Miller Mundy, John Radford, and Evan Lewis, or the Lords or Lord of the said Manor for the Time being, testified by Writing under their or his Hands or Hand, to set out and allot unto them or him so much and such Part of the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, hereby intended to be divided and inclosed, or out of some Part thereof, being Parcel of the Lands allotted by virtue of this Act to the respective Proprietors out of whose Lands and Hereditaments such Chief Rents and small Payments are payable as aforesaid, in Proportion to the Sums of Money now severally paid by each of such Proprietors as aforesaid, as (Quantity, Quality, and Situation considered) shall in the Judgment of the said Commissioners, or any Two of them (after the Inclosure thereof) be of equal Yearly Value with the said Chief Rents and small Payments, in lieu of and as a Compensation for the said Chief Rents and small Payments and that from and after the said Allotments shall be so made and set out as aforesaid, and the Execution of the said Award or Instrument, or within any other Time, to be appointed by the said Commissioners or any Two of them, by Writing under their Hands, the said Chief Rents and small Payments shall cease and be for ever extinguished; and that the Lands, Hereditaments, Payments and Premisses out of which such Chief Rents and small Payments as aforesaid are now respectively issuing and payable, and all Lands and Grounds to be allotted by virtue of this Act in Right thereof, shall from thenceforth for ever thereafter be freed exonerated, and discharged of and from the Payment thereof, any Act Matter, or Thing herein contained to the contrary thereof in anywise notwithstanding.

Trees or Underwoods to be paid for, or be taken away by the present Owners.

And be it further Enacted, that all Fences, Trees, Underwoods, Hedges, Bushes or Shrubs standing or growing in or upon any of the Lands or Grounds hereby intended to be inclosed and all Trees and Fences standing or growing in or upon any ancient inclosure exchanged in pursuance of this Act, shall be valued by the said Commissioners, or any Two of them, and such Consideration shall be paid for the same, to their respective present Owner or Owners of the Lands or Grounds whereon the same shall stand or grow, and the said Commissioners, or any Two of them, shall think reasonable, by such Person or Persons, to whom the Lands or Grounds are allotted or exchanged; or it shall and may be lawful to and full such Owner or Owners thereof respectively, if he, she, or they shall not think proper to accept such Consideration as aforesaid, to enter into and upon all Lands and Grounds upon which such Trees, Underwoods, Hedges, Bushes or Shrubs, shall be standing, and to fell and cut down, and with Horses, Carts, and Carriages, take and carry away the same, as his or their Wills and Pleasure, and to and for his and their respective Use and Benefit, within Six Calendar Months next after such Allotment or Exchange shall be made, or such other Time as the said Commissioners, or any Two of them, shall appoint for that Purpose.

Vicar allowed to lease his Allotments.

And be it further Enacted, that the shall and may be lawful to and for the said Thomas Manlove and his successors, Vicars and the said parish of Spondon for the Time being, with the Consent and Approbation of the Lord Bishop of Lichfield and Coventry, and Patrons or Patron of the said Vicarage for the Time being respectfully, to grant any Lease or Leases to any Person or Persons, of the Land and Ground to be allotted to him by virtue of this Act, or of any Part or Parts thereof, for any Term or Number of Years, not exceeding Twenty one Years, so as the same shall commence within Twelve Calendar Months next after the Date of the said Award or Instrument, so as no Fine, Fore-gift or any Consideration, be paid, all contracted to be paid, for granting of any such Lease, and so as the Rents reserved in every such Lease be made payable Half-yearly to the said Vicar, and his Successors, for the Time being, and so as the usual Power of Re-entry for Non-payment of such Rent or Rents, and other usual and necessary Powers and Covenants, be contained therein, and so as the Lessee or Lessees in every such Lease do seal and deliver Counterpart of the same, any Law, Usage, or Custom to the contrary notwithstanding.

Leases to be void.

And be it further Enacted, That all and every Lease and Leases, and other Agreements at Rack Rent, of or for all or any Part of the Lands and Grounds hereby intended to be divided and inclosed, or of or for all or any Property in or upon the same, or of or for all or any Part of the inclosed Lands which by virtue of this Act shall be exonerated from the Payment of Tythes, and of the Messuages and Buildings let therewith, shall, on the Twenty-fifth Day of March, One thousand seven hundred and Eighty-nine, cease, determine, and be void (save and except a certain Indenture of Lease, bearing Date the Thirty-first Day of August One thousand Seven hundred and Eighty-five, and made between Elizabeth Levert. Widow, Ann Parkyns, Frances Byron, George Isham Parkyns, and John Byron, Esquire, of the One Part, and Augustus Parkyns, Esquire, of the other Part, purporting to be a Lease of a Messuage, and several Closes in Spondon, from the Twenty-fifth Day of March, One thousand Seven hundred and Eighty-five, for Twenty-one Years) the respective Lessors or Landlords of such Lands, Grounds, and other Property, and of such inclosed Lands, Messuages, and Buildings, making such Satisfaction to the respective Lessee or Lessees, Tenant or Tenants, as the said Commissioners, or any Two of them, shall ascertain as reasonable to be paid to such Lessee or Lessees, Tenant or Tenants, on Account thereof, or as an Equivalent for the same, unless in such Case wherein any Lease becomes void by any Proviso or Agreement therein contained.

For preserving Quicksets.

And be it further Enacted, That for the better preserving the young Hedges and Quicksets intended to be planted for dividing and inclosing the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, it shall and may be lawful to and for the respective Persons to whom any Allotment shall be made by virtue of this Act, from Time to Time, and at all Times during the Term of Seven Years next after the signing and sealing of the said Award or Instrument, to set down Posts and Rails by the Way of Fence, on the Outside of the Ditches bounding their respective Allotments, not exceeding Four Feet from such Ditches, and at any Time before the End of the same Term to remove, take, and carry away such Posts and Rails, and convert the same to their own respective Uses.

Sheep not to be depastured, &c.

Provided always, and it further Enacted, That if any Person shall, during the Space of Seven Years from the Execution of the said Award, turn, or cause to be turned, any Sheep or Lambs into the Allotments to be made in pursuance of this Act, or shall wilfully turn or put, or cause to be turned or put, any Sheep, Lambs, Horses, Asses, Beasts, or other Cattle, into any of the Lanes, Ways, or Roads on either Side of which any new growing Fence shall be planted, such Person or Persons shall forfeit and pay any Sum or Sums of Money, not exceeding Five Pounds, nor less than Forty Shillings ; and such Penalty or Penalties shall be ascertained and fixed by any One or more Justice or Justices of the Peace for the said County of Derby (not interested in the said Division and Inclosure) and be levied by Distress and Sale of the Goods and Chattels of such Offenders respectively, by Warrant of any such Justice or Justices, together with the Costs and Charges of such Distress and Sale ; and such Penalties, when so levied, shall be paid to the Surveyor of the Highways for the said Hamlet or Liberty of Spondon, and be by him applied in the Amendment of the Highways for the said Hamlet or Liberty.

Convenient Gaps to be left.

And be it further Enacted, That convenient Gaps and Openings shall be left in the said Fences and new Inclosures, for the Space of Six Calendar Months next after the Execution of the said Award or Instrument, for the Passage of Cattle, Carts, and Carriages, in, by, and through the same, unless the several Parties interested therein shall agree that the same shall be sooner made up, or the said Commissioners, or any Two of them, shall direct to the contrary.

For borrowing Money.

And be it further Enacted, That it shall and may be lawful to and for the Husband, Guardian, Trustee, or Committee, of any of the said Owners or Proprietors, being under Coverture, Infants, Lunatics, Ideots, or beyond the Seas, or otherwise incapacitated, and also to and for Tenants in Tail, or for Life only (other than and except the said Thomas Manlove, Vicar of the said Parish of Spondon, and his Successors, and except the Trustees of any Hospital, School, or other Public Charity or Use) or any of them, from Time to Time to charge the Lands which shall be so assigned or allotted to them, or be exonerated from Tythes by virtue and in pursuance of this Act, with any Sum or Sums of Money, which the said Commissioners, or any Two of them, at their Discretion, shall think necessary, for the Purpose of defraying the Expences of obtaining this Act, and the subsequent Expences of carrying the same into Execution, and for other Purposes, not exceeding Forty Shillings for each Acre, and for securing the Repayment of such Sum or Sums of Money, with Interest, to grant, mortgage, lease, or demise or otherwise subject the Lands and Grounds so to be allotted aforesaid, or any Part thereof, unto such Person or Persons as shall advance and lend the same respectively, his, her, or their respective Executors, Administrators, or Assigns, for any Term or Number of Years ; so as such Grant, Demise, Lease, or Mortgage, be made with a Proviso or Condition to cease and be void, or with an express Trust to be surrendered, when such Sum or Sums of Money thereby to be secured, with the Interest thereof, shall be fully paid and satisfied ; and so as in every such Grant, Demise, Lease, or Mortgage, there be contained a Covenant to pay and keep down the Interest of the said Money thereby respectively secured during his, her, or their respective Life or Lives, in such Manner as that no Person afterwards becoming possessed of such Lands and Grounds shall be subject or liable to any further or larger Arrear of Interest than for One Year preceding the Time when the Title to such Possession shall accrue and commence; and every such Grant, Demise, Lease, or Mortgage, so to be made in pursuance of this Act, shall be good, valid, and of effectual in the Law, for the Purposes thereby intended, notwithstanding the Want of Title in the said Husbands, Guardians, Trustees, or Committees, or in the said Tenants in Tail or for Life, any Settlement, Use, Trust, Remainder, Limitation, or other Impediment or Incumbrance, then in being, or capable of taking Effect, to the contrary, notwithstanding.

For defraying the Expences of this Act.

And be it further Enacted, by the Authority aforesaid, That the Charges and Expences of obtaining and passing of this, Act, and of surveying, planning, measuring, exchanging, dividing, and allotting the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, hereby intended to be divided and inclosed, and of inclosing the several Allotments to be made to the said Surveyors of the Highways, the said Thomas Manlove, in respect of his Glebe Land and Tythes, and to the Trustees of any Hospital, School, or other Public Charity or Use, and of preparing the said Award or Instrument, and all other Charges and Expences in and about the carrying this Act into Execution, shall be paid, borne, and defrayed, by all the Owners and Proprietors of, and Persons interested in, the said Lands and Grounds so intended to be divided and inclosed, exchanged and parted, or to be exonerated from Tythes as aforesaid (other than and except the said Vicar of Spondon, and the Trustees of any Hospital, School, or other Public Charity or Use) according to the Value of the Lands and Grounds each Person shall have allotted. divided, exonerated from Tythes, or exchanged by virtue of this Act, in such Proportions as the said Commissioners, or any Two of them, shall settle, adjust, and determine, and at such Time and Times as the said Commissioners, or any Two of them, either before or after executing the said Award or Instrument, shall order and direct, Notice thereof in Writing, under their Hands, being affixed on the principal Door of the Parish Church of Spondon aforesaid, at least Twenty Days before the Time such Payment should be required, Regard being thereunto had of the different Proportions of such Exchanges and Expences that ought to be borne by the proprietors of the Land to be inclosed, and the Proprietors of the present inclosed Lands; and in case any of the Parties aforesaid should neglect or refuse to pay his, her, or their Share or Proportion, Shares or Proportions of such Charges and Expences, or of any Part thereof or the Charges and Expences of inclosing, ditching, draining, and fencing as aforesaid, or the Owner or Owners of any Messuages, Hereditaments and Inclosed Lands, who shall neglect or refuse to pay the Sum or Sums of Money they shall be directed by the said Commissioners to raise, to exonerate such Messuages, Hereditaments, and inclosed Lands from Tythes, according to the Directions hereinbefore contained, where the Owner thereof hath not Land or Right of Common sufficient to exonerate the same from Tythes, within the Time to be limited by the said Commissioners, or any Two of them, to such Person or Persons as they shall appoint to receive the same, then and in such Case the said Commissioners, or any Two of them, shall and may, by Warrant or Warrants under their Hands and Seals, directed to any Person or Persons whomsoever, cause the same, together with the Interest thereof, after the Rate of Five Pounds per Centum per Annum, from the Time such Payment ought to have been made to the Time of making thereof, 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) to the Owner or Owners of such Goods and Chattles, after deducting the Costs and Charges of taking and making such Distress and Distresses, Sale and Sales, or otherwise it shall and may be lawful to and for the said Commissioners, or any Two of them, to enter into and upon the Premisses so to be allotted to such Person or Persons so neglecting or refusing to pay as aforesaid, or to be divided, exchanged, or exonerated from Tythes, and to receive and take the Rents, Issues, and Profits thereof, until thereby or therewith the Share or Shares, Proportion or Proportions of the said Charges and Expences, or Payment or Payments aforesaid to exonerate from Tythes, awarded and appointed by the said Commissioners, or any Two of them, to be by such Person or Persons paid as aforesaid, and the Interest thereof, and all Costs, Charges, and Expences occasioned by or attending such Entry upon and Receipt of the Rents and Profits of the said Premisses, shall be fully paid and satisfied.

Not to prejudice the Vicar’s Right to the Tythes of Upper Locko to Mortuaries or Surplice Fees, or the Vicar Not to prejudice the Vicar’s Right to the Tythes of Upper Locko of Elvaston’s Right to Tythe Herbage of Bailey Meadow.

Provided always, and be it further Enacted, That nothing in this Act contained shall extend, or be construed to defeat, lessen, or prejudice, the Right or Title of the said Thomas Manlove and his Successors, Vicars of Spondon aforesaid for the Time being, to any Modus, reputed Modus, Composition, or other Payment for or in lieu of the Tythes of that Part of the said Hamlet or Liberty of Spondon called Upper Locko, or to the customary Mortuaries and Surplice Fees, or the Right, Title, or Interest of the Vicar of Elvaston aforesaid for the Time being, of, in, or to the said Tythe Herbage of the said Close called Bailey Meadow, but the same shall continue, remain, and be due and payable in like Manner as the same were before the passing of this Act, or would, could, or might have been had, taken, collected, and received, in case this Act had not been made.

Accounts to be entered in a Book.

And be it further Enacted, That the said Commissioners shall, and they are hereby required, from Time to Time to enter in a Book, to be provided for that Purpose, an Account of all Monies received of and from the several Owners and Proprietors of the said Lands and Grounds so intended to be divided and inclosed, or exonerated from Tythes, exchanged, or divided, as aforesaid, and also of all the Charges, Expences, and Disbursements which shall accrue or be made by them by virtue of this Act, and in carrying the same into Execution, which Book, with the proper Vouchers, they shall produce to the said Proprietors, or any Two of them, when required, and the said Book shall be signed by the said Commissioners, or any Two of them, and deposited and kept with the said Award in the said Hamlet or Liberty of Spondon aforesaid.

Commissioners to give Notice of Meetings.

And be it further Enacted, That Notice shall be given in the Parish Church of Spondon aforesaid, upon some Sunday immediately after Divine Service, and also in the Derby Newspaper, of the Time and Place of the First and every subsequent Meeting of the said Commissioners for the Execution of the Powers hereby vested in them as aforesaid, at least Ten Days before any such Meeting shall be held (Meetings by Adjournment only excepted.)

For electing new Commissioners

And be it further Enacted, That When and as often as any of the said Commissioners appointed by this Act, or to be elected in Manner hereinafter mentioned, shall die or refuse to act, the Persons who respectively for the Time being shall be interested in the Lands and Grounds so intended to be divided and inclosed as aforesaid, or the major Part of them in Value (to be ascertained by the Land Tax Assessment) who shall attend the Meeting, either Personally or by their Agent appointed under their Hand and Seal for that Purpose, to be held in consequence of an Advertisement in the Derby News-paper (which Advertisement the surviving or remaining Commissioners or Commissioner are and is hereby required to insert, within One Calendar Month next after the Death or Refusal to act of such Commissioner or Commissioners, and Ten Days at least previous to such Meeting or Meetings) shall, by Writing or Writings under their Hands and Seals, appoint One or more Commissioner or Commissioners not interested in the said intended Division and Inclosure, in the Stead and Place of each and every Commissioner or Commissioners so dying or refusing to act as aforesaid; and every such Commissioner or Commissioners so to be appointed shall have the like Power and Authority by virtue of this Act, as the Commissioner or Commissioners in whose Place or Places he or they shall succeed was or were vested with.

Persons aggrieved may appeal to the Quarter Sessions.

And be it further Enacted, That if any Person or Persons shall think him, her, or themselves aggrieved by any Thing done in pursuance of this Act, then and in every such Case (except where the Orders and Determinations of the said Commissioners are directed to be final) he, she, or they may appeal to the General Quarter Sessions of the Peace which shall be held in and for the County of Derby, within Six Calendar Months next after the Cause of Complaint shall have arisen ; and the Justices at their said General Quarter Sessions are hereby authorized and required to hear and determine the Matter of every such Appeal, and to make such Order therein, and award such Costs, as to them in their Discretion shall seem meet and reasonable, and by their Order or Warrant to levy the Costs which shall be 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 of such Goods and Chattels, after deducting the reasonable Charges of every such Distress and Sale; which Determination of the said Justices shall be final and conclusive to all Parties concerned and shall not be removed or removeable by Certiorari, or any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminster, or elsewhere.

Saving of Right the Lord of the Manor.

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 Lords or Lord of the said Manor or Lordship, or within the Jurisdiction or Limits whereof the said Open Fields, Common Pastures, Common or Moor, and Waste Grounds, hereby directed to be divided and inclosed, or any Part thereof. Parts thereof, are lying and being, of, in, and to Seigniories and Royalties incident to or belonging to the said Manor or Lordship ; but that the said Lords and Lord for the Time being, and all and every other Person and Persons claiming under them or him, as Lords or Lord of the said Manor or Lordship, shall and may, from Time to Time, and at all Times hereafter, have, hold, and enjoy all Rents and Services, Courts, Perquisites and Profits of Courts, Goods and Chattels of Felons and Fugitives, Felons of themselves and put in Exigent, Deodands, Waifs Estrays, Forfeitures, and all other Royalties, Privileges, Jurisdictions, and Appurtenances whatsoever, to the said Manor or Lordship, or to the Lords or Lord thereof, incident, appendant, belonging, or appertaining (other than and except such Right of Common as can or may be claimed by the Lords or Lord of the said Manor or Lordship, in, over, and upon the Lands and Grounds hereby intended to be divided and inclosed, and such Right and Interest in the Waste Grounds and Soil thereof, for which a Satisfaction is hereinbefore provided, and also such Chief Rents and small Payments, in lieu of which Land shall be allotted as hereinbefore mentioned) in as full, ample, and beneficial a Manner, to all Intents and Purposes, as they, he, or any of them, could and might have had, held, and enjoyed the same in case this Act had not been made.

General Saving of Rights.

Saving always to the KING's Most Excellent MAJESTY, His Heirs and Successors, and to all and every Person and Persons, Bodies Politic and Corporate, his, her, and their Heirs, Successors, Executors, and Administrators, all such Estate, Right, Title, Interest, Claim, and Demand (other than those meant or intended to be barred and extinguished by this Act) which they, every, or any of them had and enjoyed of, in, to, or out of the said Open, Fields, Common Pastures, Common or Moor, and Waste Grounds, so directed to be divided and inclosed as aforesaid, before the passing of this Act, or could or might have had and enjoyed in case the same had not been made.