lands, in lieu allotment fhall be respectively made: provided alfo, That no whereof made. difference or fuit, touching the title to any lands, tenements, Commiffioners before making any allotments to appoint publick carriage roads, and prepare a map thereof with their or hereditaments, fhall impede or delay the commiffioner or commiffioners in the execution of the powers vefted in him or them, by virtue of any fuch act; but the divifion or inclofure directed to be made fhall be proceeded in, notwithstanding such difference or fuit. VIII. And be it further enacted, That fuch commiffioner or commiffioners fhall, and he or they is and are hereby authorised and required, in the first place, before he or they proceed to make any of the divifions and allotments directed in and by any fuch act, to fet out and appoint the publick carriage roads and highways, through and over the lands and grounds intended to be divided, allotted, and inclofed, and to divert, turn, and ftop to be depofited up, any of the roads and tracts, upon and over, all, or any part of the faid lands and grounds, as he or they fhall judge neceffary, fo as fuch roads and highways fhall be, and remain thirty feet wide at the least, and so as the fame fhall be set out in fuch directions as fhall, upon the whole, appear to him or them most commodious to the publick, and he or they are hereby further required to afcertain the fame by marks and bounds, and to prepare a map in which fuch intended roads fhall be accurately laid down and defcribed, and to caufe the fame, being figned by fuch commiffioner, if only one, or the major part of such comjuftice of the miffioners, to be depofited with the clerk of the said commifdivifion, fhall fioner or commiffioners, for the infpection of all perfons condetermine the cerned; and as foon as may be after fuch carriage roads fhall clerk, and give notice thereof, and 'appoint a meeting, at which, if any perfon fhall object, the commiffioners, with a matter. have been fo fet out, and fuch map fo depofited, to give notice in fome newspaper to be named in fuch bill, and alfo by affixing the fame upon the church door of the parish, in which any of the lands fo to be inclosed shall lie, of his or their having fet out fuch roads, and depofited fuch map, and alfo of the general lines of such intended carriage roads, and to appoint in and by the fame notice, a meeting to be held by the faid commiffioner or commiffioners, at fome convenient place, in or near to the parish or township within which the said inclofure is to be made, and not fooner than three weeks from the date and publication of fuch notice, at which meeting, it fhall and may be lawful, for any person who may be injured or aggrieved by the setting out of fuch roads to attend; and if any fuch perfon fhall object to the fetting out of the fame, then fuch commiffioner or commiffioners, together with any juftice or juftices of peace, acting in and for the divifion of the county in which fuch inclosure shall be made, and not being interested in the fame, who may attend fuch meeting, fhall hear and determine fuch objection, and the objections of any other fuch perfon, to any alteration that the faid commiffioner or commiffioners, together with fuch justice or juftices, may in confequence propose to make, and shall, and he or they are hereby required, according to the best of their judgement upon the whole, to order and finally direct how fuch miffioners, by carriage roads fhall be fet out, and either to confirm the faid If the com map, feffions. be fenced on miffioners any road, or map, or make fuch alterations therein as the cafe may require any bill, fhall provided always, That in cafe fuch commiffioner or commif- be empowered to ftop up any fioners fhall by fuch bill be empowered to ftop up any old or old road, it accustomed road, paffing or leading through any part of the old thall not be inclosures in fuch parish, township, or place, the fame fhall in done without no cafe be done without the concurrence and order of two the order of two juftices, juftices of the peace, acting in and for fuch divifion, and not and which interested in the repair of fuch roads, and which order shall be shall be subject fubject to an appeal to the quarter feffions, in like manner and to appeal to under the fame forms and reftrictions as if the fame had been the quarter originally made by fuch juftice as aforefaid. IX. And be it further enacted, That fuch carriage roads fo The carriage to be fet out as aforefaid, fhall be well and fufficiently fenced on roads fhall both fides, by fuch of the owners and proprietors of the lands both fides by and grounds intended to be divided, allotted, and inclosed, and fuch of the within fuch time as fuch commiffioner or commiffioners fhall, land owners by any writing under his or their hands, direct or appoint, and as the comthat it fhall not be lawful for any person or persons to fet up or fhall direct, erect any gate acrofs any fuch carriage road, or to plant any and no perfon trees in or near to the hedges on the fides thereof, at a lefs fhall erect any distance from each other than fifty yards; and fuch commif- gate acrois fioner or commiffioners fhall, and he or they is and are hereby plant any empowered and required, by writing under his or their hands, trees on the to nominate and appoint one or more furveyor or furveyors, fides, at less with or without a falary, for the firft forming and completing than so yards fuch parts of the said carriage roads as fhall be newly made, and The commiffor-putting into complete repair fuch part of the fame as hall fioners fhall have been previously made, which falary (if any) and also the appoint furexpence of forming, completing, and repairing fuch roads re- veyors, and if fpectively, over and above a proportion of the ftatute duty on with a falary, fuch falary the roads fo to be repaired, fhall be raised in like manner as the and the excharges and expences of obtaining and paffing any fuch act, and pence of of carrying the fame into execution, fhall be thereby directed to making the be raised, and fhall be paid to fuch furveyor or furveyors on or road, over and before the execution of the award of fuch commiffioner or com- itatute duty, miffioners; and in cafe the fame fhall be thereby provided to be thall be railed raised by fale of any part of the lands fo to be divided and in- as other exclosed, that then fuch commiffioner or commiffioners fhall make pences, and paid on or a conditional rate upon the owners and proprietors of the fame, before execuin cafe the produce of fuch fale fhould prove infufficient for the tion of the purposes aforefaid; and fuch furveyor or furveyors fhall, and he award. or they is and are hereby directed to be in all refpects fubject to Surveyors to the jurifdiction and controul of the juftices of the peace acting be fubject to in and for the county in which fuch roads fhall refpectively lie, of the juftices, and shall account to fuch juftices in like manner for all monies and shall acfo to be by him or them received and expended, and for the count to them re-payment of any furplus which may remain in his or their for monies hands to fuch perfons as fhall have been made liable to contribute thereto, according to the proportion so as above ascertained by fuch commiffioner or commiffioners; and fuch juftices fhall Juftices may have the like powers of levying any fuch rate as may by them levy rates. be diftance. above the the controul received. If furveyors neglect to complete roads within be thought neceffary for the purposes aforefaid, according to the proportions previously afcertained by fuch commiffioner or commiflioners, as if fuch furveyor or furyeyors had been appointed under or by virtue of the general highway act paffed in the thirteenth year of the reign of his prefent Majefty; and in cafe fuch furveyor or furveyors fhall neglect to complete and repair fuch roads refpectively within the fpace of two years after fuch award, unless a further time, not exceeding one year, fhall for that purpose be allowed by fuch juftices, and then within fuch further time, lie or they fhall forfeit the fum of twenty pounds, and the inhabitants at large of the parish, township, or place wherein fuch roads fhall be refpectively fituate, fhall be in no wife charged chargeable to or chargeable towards forming or repairing the faid roads rethem (except fpectively, except fuch proportion of fuch ftatute duty as aforeitatute duty), till declared to faid, till fuch time as the fame fhall, by fuch juftices in their be completed fpecial feffions, be declared to be fully and fufficiently formed, at a fpecial feffions. a limited time, they fhall forfeit zol. and the inhabitants fhall not be Commiffion ers fhall appoint private roads, &c. The grafs and belong to the which shall not be fet out fhall be allot ted and inclosed. No turnpike road fhall be altered with completed, and repaired, from which time, and for ever thereafter, the fame thall be fupported and kept in repair by such perfons, and in like manner as the other publick roads within fuch parish, township, or place, are by law to be amended and kept in repair. X. And be it further enacted, That fuch commiffioner or commiffioners fhall, and he or they is and are hereby empowered and required to fet out and appoint fuch private roads, bridleways, footways, ditches, drains, watercourfes, watering places, quarries, bridges, gates, ftiles, mounds, fences, banks, bounds, and land marks, in, over, upon, and through or by the fides of the allotments to be made and fet out in pursuance of fuch act, as he or they fhall think requifite, giving fuch notice and fubject to fuch examination as to any private roads or paths, as are above required in the cafe of publick roads, and the fame shall be made, and at all times for ever thereafter be supported and kept in repair, by and at the expence of the owners and proprietors for the time being of the lands and grounds directed to be divided and inclofed, in fuch fhares and proportions as the commiffioner or commiffioners fhall in and by his or their award order and direct. XI. And be it further enacted, That after fuch publick and private roads and ways fhall have been fet out and made, the grafs and herbage arifing thereon fhall for ever belong to and be the fole right of the proprietors of the lands and grounds which fhall next adjoin the faid roads and ways on either fide thereof, as far as the crown of the road; and all roads, ways, and paths, over, through, and upon fuch lands and grounds which fhall not be fet out as aforesaid, shall be for ever ftopped up and extinguished, and fhall be deemed and taken as part of the lands and grounds to be divided, allotted, and inclofed, and fhall be divided, allotted, and inclofed accordingly: provided, That no'thing herein contained fhall extend, or be conftrued to extend, to give fuch commiffioner or commiffioners any power or authority to divert, change, or alter any turnpike road that fhall or may may lead over any fuch lands and grounds, unless the confent of out the con the majority of the truftees of fuch turnpike road, affembled at fent of the fome publick meeting called for that purpose on ten days notice, be first had and obtained. trustees. ers, in mak of houses as XII: And be it further enacted, That fuch commiffioner or Commiffioncommiffioners in making the feveral allotments directed by any ing allotfuch act, fhall have due regard as well to the fituation of the ments, to respective houses or homesteads of the proprietors, as to the have regard to quantity and quality of the lands and grounds to be allotted to the fituation them refpectively, fo far as may be confiftent with the general well as the convenience of the faid proprietors; and that fuch commiffioner quantity and or commiffioners in making the faid allotments fhall have par- quality of ticular regard to the convenience of the owners or proprietors of land, as far the smallest estates in the lands and grounds directed to be allotted as may be and exchanged. confiftent with general con XIII. And whereas the proprietors and perfons interested in open venience. common fields, meadows, paftures, commons, and wafte lands, directed to be divided and allotted, whofe allotments thereof will be fmall, and expenfive to inclofe, may be defirous of stocking and depafturing their allotments in common, and of sharing fuch produce as may grow thereon, under proper regulations; be it therefore further enacted, That Commiffionfuch commiffioner or commiffioners fhall be, and he or they is and fmall alloters may direct are hereby fully authorifed and empowered, on application of ments to be the parties interested at their firft or fecond meeting for receiv- laid together ing claims, and on an attentive view and full confideration of and ringfenced, and the premises, to award, order, and direct any fuch allotments ftocked and to be laid together and ring-fenced, and to be ftocked and de- depaftured in paftured in common, and to make fuch orders and regulations common by for the equitable enjoyment thereof, and for the participation the proprie. of any produce growing or to grow thereon, as fuch commiffioner or commiffioners may think beneficial and proper for the faid feveral parties interefted therein. ་ tors. be in full XIV. And be it further enacted, That the feveral fhares of Allotments to and in any lands or grounds which fhall upon any fuch divifion compenfation be affigned, fet out, allotted, and applied, unto and for the for all rights feveral perfons who fhall be entitled to the fame, fhall, when fo in the lands, allotted, be and be taken to be in full bar of and fatisfaction and which shall ceafe on nocompenfation for their feveral and refpective lands, grounds, tice from the rights of common, and all other rights and properties whatfo- commiflioners ever, which they refpectively had or were entitled to, in and being affixed over the faid lands and grounds, immediately before the paffing on the door of the parish of any fuch act; and that from and immediately after the making church. the faid divifion and allotments, and the execution of the award of fuch commiffioner or commiffioners, or at any other time as fuch commiffioner or commiffioners fhall, by writing under his or their hands, to be affixed on the principal door of the church. of the parish in which the lands and grounds fhall be fituate, direct or appoint, all rights of common, and all rights whatfoever, by fuch act intended to be extinguished, belonging to or claimed by any perfon or perfons whomfoever, bodies politick or or corporate, in, over, or upon fuch lands or grounds, fhall cease, determine, and be for ever extinguished. ers may ex change by allotments, mefluages, lands, &c. &c. with the bishop and of confent of the the patron. ་ Commiffion- XV. And be it further enacted, That fuch commiffioner or commiffioners fhall, and he or they is and are hereby authorised, to set out, allot, and award any meffuages, buildings, lands, tenements, hereditaments, new allotments, or old inclofures, within fuch parish or manors, in lieu of or in exchange for any other with the conmeffuages, buildings, lands, tenements, hereditaments, new allotfent of the proprietors, ments, or old inclosures within the faid parish or manors, or or if belonging within any adjoining parish or place; fo as that all fuch exchanges to churches, be made with the content of the refpective owners, proprietors, or other perfons, feifed of the lands, hereditaments, and premifes which fhall refpectively be fo exchanged as aforefaid, or of the husbands, guardians, trustees, committees or attornies acting for or on behalf of fuch owners, proprietors, or other perfons refpectively, who are under coverture, minors, lunaticks, or beyond the feas, or under any other difability or incapacity of acting for themselves (fuch confent to be teftified by writing under their respective hands); and so that all fuch exchanges be ascertained, fpecified, and fet forth in the award of fuch commiffioner or commiffioners; and so that all fuch exchanges of any lands, tenements, or hereditaments, belonging to or held in right of any church, chapel, or ecclefiaftical benefice, fhall also be made with the like confent, in writing, of the bishop of the diocefe, and of the patron of any church, chapel, or ecclefiaftical benefice for the time being; and all fuch exchanges fo made as aforefaid thall be for ever good, valid, and effectual in the law, to all intents and purposes whatfoever. Commiffion ers may make allotments in feveralty to joint tenants, or tenants in common. XVI. And whereas it may happen that fome of the proprietors of meuages, cottages, tenements, or lands, in any fuch parish or manor, and perfons entitled to allotment or allotments to be made by virtue of any fuch act, may be feized thereof or entitled thereto in joint tenancy, or as coparceners or tenants in common, and cannot, by reason of infancy, fettlement, or abfence beyond the feas make an effectual divifion thereof; be it therefore further enacted, That it thall be lawful for any fuch commiffioner or commiflioners, and he or they is and are hereby authorifed and empowered (upon the request in writing of fuch joint tenants or coparceners, or tenants in common, or any or either of them, or of the hufbands, guardians, trustees, committees, or attorneys of fuch as are under coverture, minors, lunaticks, or under any other incapacity as aforesaid, or abfent beyond feas) to make partition and divifion of the meffuages, cottages, tenements, lands, and allotment or allotments, to fuch of the faid owners or proprietors who thall be entitled to the fame as joint tenants, coparceners, or tenents in common, and to allot the fame accordingly to fuch owners and proprietors in feveralty; and from and immediately after the faid allotments shall be fo-made and declared, the fame fhall be holden and enjoyed by the perfon or perfons to whom the fame fhall be allotted in feveralty, in fuch and the fame manner, and subject to fuch and the |