Act of Parliament 1812

Whereas there are within the manors of  Brockham and East Betchworth in the Parish of Betchworth in the county of Surrey certain open fields, commons and waste grounds and the owners of the same are entitled to and enjoy rights of common and other rights in and over the said open fields, commons and waste grounds subject to the right which the most noble Charles Duke of Norfolk has or claims to a rabbit warren upon that part of the said commons called Brockham DownAndwhereas the said Charles Duke of Norfolk is Lord of the Manor of Brockham and Charles Henry Bouverie esquire is Lord of the Manor of East Betchworth in the said county of Surrey and as such Lords respectively are or claim to be entitled to the soil of the said commons and waste groundsAndwhereas the said Charles Duke of Norfolk and Charles Henry Bouverie, Henry Peters Esquire and divers other persons as proprietors of Estates or otherwise interested in the lands and grounds hereby

2             intended to be divided, allotted and inclosed are intitled to  right of common upon the said commons and waste groundsAndwhereas an act was passed in the forty first year of the reign of his present majesty intitled "an act for consolidating in one act certain provisions usually inserted in acts of inclosure and for facilitating the mode of proving the several facts usually required on the passing of such acts".Andwhereas the lands of the proprietors in the said open and common fields lie very much intermixed and dispersed and together with the said commons and waste grounds are incapable of any considerable improvements but if the same were divided and allotted into and amongst the several proprietors and persons interested in proportion to their several and respective rights and interests and such allotments inclosed they might be considerably improved and  rendered more productive and of much greater value but as the same cannot be effected without the authority of parliament May it therefore please your Majesty that it may be enactedAndbe itenactedby the Kings 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

3             authority of the same that Abraham Purshouse Driverof Kent wasWilliam Cluttonthe younger of Buckland andGeorge Smallpeiceof Guildford all in the county of Surrey gentleman and their successors to be appointed as hereinafter mentioned shall be and they are hereby appointed commissioners for dividing allotting laying in severalty and inclosing the several open fields commons and waste grounds in the manors of Brockham and East Betchworth within the Parish of Betchworth in the said county of Surrey and for carrying the purposes of this act into execution subject to the provisions of the said writed act (except in such cases where the same are hereby altered or varied) and that all acts matters and things authorized or necessary to be done or executed by or before the said commissioners or their successors to be appointed in the manner hereinafter mentioned may be done and executed by any two of them and the same shall be valid and effectual as if done and executed by all the said commissionersAndbe it furtherenactedthat if any of the commissioners herein before appointed or to be substituted in manner hereinafter mentioned shall before the completion of the said division and inclosure die neglect refuse decline or become incapable

4             to act for the space of forty days when occasion shall require his or their attendance for carrying this or that said writed act into execution it shall be lawful from time to time to elect and appoint a new commissioner or commissioners in the stead of him or them so dying neglecting refusing declining or becoming incapable to act as aforesaid in the manner following (that is to say) in case the said Abraham Purshouse Driver or any future commissioners to be appointed in his stead shall die neglect refuse decline or become incapable to act as aforesaid the said Charles Henry Bouverie his heirs or assigns lord or lords of the said manor of East Betchworth for the time being shall and may by writing under his or their hand or hands appoint another person (not interested in the said division and inclosure) to be a commissioner in the room of the said Abraham Purshouse Driver or of any future commissioner to be appointed in his stead as aforesaid and in case the said William Clutton the younger or any future commissioner to be appointed in his stead shall die neglect refuse decline or become incapable to act for the space of forty days as aforesaid then the said Charles Duke of Norfolk his heirs or assigns Lord or Lords

5             of the said manor of Brockham shall by writing under his or their hand or hands appoint a new commissioner (not interested in the said division or inclosure) in the stead of the said William Clutton the younger and his successors respectively from time to time as occasion may require and in case the said George Smallpeice or any future commissioner to be appointed in the stead of him or any of his successors shall die neglect refuse decline or become incapable to act for the space of forty days as aforesaid the said Henry Peters his heirs or assigns shall and may by writing under his or their hand or hands appoint a new commissioner (not interested in the said division and inclosure) in the stead of the said George Smallpeice and his successors respectively from time to time as occasion may require and in case such new commissioner or commissioners shall not be appointed by the party or parties herein before respectively authorised to make such appointment within sixty days after the happening of any such vacancy as aforesaid and notice thereof given by the then surviving or acting commissioners or comissioner under their or his hands or hand then and in

6             every such case a new commissioner or commissioners to fill up such vacancy or vacancies from time to time shall and may be appointed by the surviving and remaining commissioners or commissioner for the time being by writing under their or his hands or hand at any meeting of such surviving commissioners or commissioner of the time and place whereof fourteen days previous notice shall be given in manner hereinafter mentioned and that every such new commissioner so to be appointed shall have the same powers and authorities for carrying the purposes of this act and the said writed act into execution and if he has been expressly named and appointed by this actAndbe it furtherenactedthat the said commissioners shall cause notice to be given by affixing the same in writing upon the door of the parish church of Betchworth aforesaid upon some Sunday during or immediately before divine service of the time and place of their first and every subsequent meeting for carrying this and the said writed act into execution ten days at least before any such meeting shall be held but the said commissioners shall have full power and authority (if they think it convenient) to continue any of their meetings by adjournment without giving notice of any such meeting

7             by adjournment and in case only one of the said commissioners shall appear at any meeting he may adjourn such meeting to a future day not exceeding fourteen days and at all meetings of the said commissioners for executing the powers of the said writed act and this act shall be held within eight miles of the boundary of the said Parish of BetchworthProvidedalways and be it furtherenactedthat all other notices necessary or requisite to be given by the said commissioners shall be given by advertizement in the newspaper the Surrey Gazette or in some other newspaper usually circulated in the said county of Surrey.Andbe it furtherenactedthatout of the money which shall be raised for defraying the expenses of obtaining and carrying this and the said writed act into execution there shall be paid to each of the said commissioners for his trouble, charges and expenses the sum of three pounds and three shillings for each day he shall attend or travel for the purposes of this act and no more and the said commissioners are hereby authorized to appoint a clerk to assist them and which clerk shall be paid for each days attendance any sum not exceeding three pounds and three shillings for his trouble charges and expenses as the said commissioners shall think  reasonable.Andbe it furtherenactedthat out of the money which shall be raised for defraying the expenses of obtaining

8             and executing this and the said writed act there shall be paid to such surveyor or surveyors as shall have been or shall be employed to make a survey or measurement of the lands intended to be divided allotted and inclosed by virtue of this act or otherwise for the purposes thereof such sum or sums of money as the said commissioners shall adjudge to be a full recompence and satisfaction for his and their trouble and for all his or their expenses and charges whatsoever in attending the said commissioners and in surveying and measuring the said lands and in planning and staking out the several allotments included to be made in pursuance of the said writed act and this act in making such plans and maps as may be required by virtue of this act in the execution thereof.Andbe it furtherenactedthat nothing in this or the said writed act contained shall extend or be construed to extend to require the said commissioners or their surveyor or surveyors to make or cause to be made any survey or plan of the whole of the lands in the manors of Brockham and East Betchworth respectively but copies only of such plans as are already made for which

9             the said surveyor or surveyors shall be paid at and after the rate of one penny halfpenny per acre. Andbe it furtherenactedthat the said commissioners shall and they are hereby authorized and required as soon as conveniently may be after the passing of this act to examine into settle and ascertain by examination of witnesses upon oath and by proper and sufficient inquiry and evidence to hear and determine the several and respective rights of common and all differences and disputes which shall arise between or among the parties interested in 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 commons and waste grounds or the respective allotments shares and proportions which they or any of them ought to have in the said intended division and enclosure provided always that nothing in this act contained shall authorize the said commissioners to determine the title to any messuages cottages lands tenaments or hereditaments whatsoever.

10         Andbe it furtherenactedthat in case the said commissioners shall upon the hearing or  determination of any claim or claims objection or objections to be delivered to them in pursuance of this or the said writed act see cause to award any costs it shall be lawful for the said commissioners and they are hereby empowered upon application made to them for that purpose to settle assess and award such costs and charges as they shall think reasonable to be paid to the party or parties in whose favour any determination of the said commissioners shall be made by the person or persons whose claims or demands objection or objections shall be thereby disallowed or over-ruled and in case the person or persons who shall be liable to pay such costs and charges shall neglect or refuse to pay the same on demand then it shall be lawful for the said commissioners and they are hereby authorized by warrant under their hands and seals directed to any person or persons whomsoever to cause such costs and charges to be levied by distress and sale of the goods and chattels of that person or persons so neglecting or refusing to pay the same rendering the surplus (if any)

11          upon demand to the person or persons whose goods and chattels shall have been so distained and sold after deducting the costs and charges attending such distress and saleProvidedalways and be it furtherenactedthat in case any person or persons interested or claiming to be interested in the said intended division allotment and inclosure shall be dissatisfied with any determination of the said commissioners touching or concerning any claim or claims or other rights or interests in over or upon the said open fields commons and waste grounds hereby directed to be divided allotted and inclosed or any part thereof it shall be lawful for the person or persons so dissatisfied to proceed to a trial at law of the matter so determined by the said commissioners at the then in next or at the following assizes to be holden for the said county of Surrey and for that purpose the person or persons who shall be dissatisfied with the determination of the said commissioners shall cause an action to be brought upon a feigned issue against the person or persons in whose favour such determination shall have been made within three calendar months next after the determination of the said

12          commissioners shall have been made and the defendant or defendants in such action or actions shall and he she and they is and are hereby required to name an attorney or attornies who shall appear thereto or file in common bail and accept one or more issue or issues whereby such claim or claims and the right or rights thereby insisted on may be tried and determined such issue or issues to be settled by the proper officer of that Court in which the said action or actions shall be commenced in case the parties shall differ about the same and the verdict or verdicts which shall be given in such action or actions shall be final binding and conclusive upon all and every person and persons whomsoever unless the court wherein such an action or actions shall be brought shall set aside such verdict or verdicts and order a new trial to be had therein which it shall be lawful for the court to do as is usual in other cases and after such verdict or verdicts shall be obtained and not set aside by the Court the said commissioners shall and they are hereby required to act in conformity thereto and to allow or disallow the claim or claims thereby determined according to the event of such trial or trials provided always that the determination of the said commissioners touching any claim or claims or other rights

13          or interests in over or upon the said open fields commons and waste grounds hereby directed or to be divided allotted and inclosed or any part thereof which shall not be objected to or being objected to the party or parties not causing such action at law to be brought and proceeded in as aforesaid shall be final and conclusive upon all partiesAndbe it furtherenactedthat if any suit or suits shall be commenced or prosecuted touching or concerning the title of any person or persons body or bodies politic corporate or collegiate in or to any manor messuages lands tenaments or hereditaments for or in respect of which any right of common or other right or interest in over or upon the lands or grounds hereby directed to be divided allotted and inclosed or any part thereof shall be claimed such suit or suits shall not impede delay hinder or prevent the said commissioners from proceeding in the powers vested in them by this and the said writed act but the said division allotment and inclosure shall be proceeded in notwithstanding such suit or suits and the allotment or allotments in respect of such rights and interests or any of them may be had and taken by the person or persons body or bodies corporate

14          or collegiate who upon the determination of such suit or suits shall become entitled to the sameAndbe it furtherenactedthat if any of the parties in any action to be brought in pursuance of this or the said writed act shall die pending the same such action shall not abate by reason thereof but shall be proceeded in as if no such event had happenedProvidedalways and be it furtherenactedthat if any person or persons in whose favour any such determination as aforesaid shall have been made and against whom any such action or actions might have been brought if living shall die before such action or actions shall have been brought and before the expiration of the time hereinbefore limited for bringing such action or actions it shall be lawful for the person or persons bodies politic corporate or collegiate who might have brought such action or actions against the person or persons so dying to bring the same within the time so limited as aforesaid against such person or persons as if actually living and to serve the clerk of the said commissioners with process for commencing such action or actions

15          in the same manner as the party or parties might have been served therewith if living and it shall thereupon be incumbent on the heir or heirs or other person or persons who shall claim the benefit of such determination as aforesaid to appear and defend such action or actions in the name or names of the person or persons so dead and proceedings shall be had therein in the same manner as if such person or persons had been actually living and the rights of all parties shall be equally bound and concluded by the event of such action or actionsProvidedalso and it be further enacted that nothing in this act contained shall extend to enable the said commissioners to determine any right between any persons contrary to the possession of any such parties but in case the said commissioners shall be of opinion against the right of the person or persons so in possession they shall forbear to make any determination thereupon until the possession shall have been given up or recovered from such person or persons by ejectment or other due course of lawAndwhereas it may

16          shorten the boundary fences between the lands hereby directed to be divided and inclosed and the lands in any adjoining parish or parishes if the said commissioners were empowered to cause such fences to be raised in such direction as they shall deem most proper and convenient for shortening and making the same regularBeit therefore furtherenactedthat it shall and may be lawful for the said commissioners with the consent in writing under the hand or hands of the lord or lords of the manor or manors in which the land is situate and under the hands of the major part in value of the land owners in any parish or parishes adjoining to the said parish of Betchworth (such value to be ascertained according to the rates or assessments made for the relief of the poor of such parish or parishes respectively) or under the hand or hands of the owner or owners of the lands upon which such fence or fences shall or may be intended to be made to set out ascertain and determine the boundary fences to be made between the lands hereby by directed to be divided and allotted and the lands lying

17          in such adjoining parish or parishes as they shall judge proper for the purposes aforesaid and after such boundaries shall be so set out ascertained and determined the same shall be inclosed and fenced by such persons or persons in such manner and at such time or times as the said commissioners shall direct and shall for ever thereafter be deemed and taken to be the boundaries between the said parish of Betchworth and such adjoining parish or parishes respectively any law usage or custom to the contrary notwithstanding.Andbe it furtherenactedthat it shall and may be lawful to and for the said commissioners and they are hereby authorized and empowered with the concurrence and order of two justices of the peace for the said county of Surrey acting in and for the division in which the road or roads footpath or footpaths hereinafter mentioned shall be situate and not interested in the repair of such road or roads footpath or footpaths to stop up divert or turn and to direct to be discontinued any road or roads footpath or footpaths through any part or parts of the lands and grounds within the said manors of Brockham and East Betchworth which to the said commissioners shall appear useless or unnecessary

18          provided always that the said commissioners shall not be required to set out any new public road or roads or to repair any such road or roads unless the same shall appear to them requisite or necessary and expedient to be made and repaired and that the orders so to be made by such justices shall be subject to an appeal to the quarter sessions in like manner as if the same had been originally made by such justices provided always that none of the present road ways paths or passages within that said manors of Brockham and East Betchworth shall be shut up and discontinued until the roads ways paths and passages which shall be intended to remain or be the public road ways paths and passages in future shall be set out in such manner as is by the said writed act directed and until the same shall be properly formed and made safe and convenient for passengers horses carts and carriagesAndbe it furtherenactedthat all roads ways paths and passages in through and over the said open fields commons and waste ground hereby directed to be divided and allotted or any part thereof which shall not be set out or finally ordered and directed in pursuance of the said writed act and shall and forever hereafter be extinguished

19          and shall be deemed and taken as part of the lands and grounds to be divided and allotted by virtue of this act and shall be allotted accordingly.Andbe it furtherenactedthat the said commissioners shall in the first place set out and allot into and for the lords of the said manors of Brockham and East Betchworth respectively so much and such part or parts of the commons and waste grounds hereby directed to be divided allotted and inclosed and being within their respective manors as shall in their judgment be equal in value to one fourteenth part thereof for and in lieu of and as full recompense and satisfaction for their rights to the soil of the said commons and waste groundsAndbe it furtherenactedthat the said commissioners shall and they are hereby required to set out and allot so much and such part or parts of the said commons and waste grounds hereby directed to be divided allotted and inclosed as the said commissioners shall think fit for the purpose of raising a sum of money sufficient for defraying the charges and expenses of obtaining and passing this act and all other costs and charges occasioned or incurred for or by reason of or preparatory to the said intended division and enclosure and of carrying this act and the

20          said writed act into execution and to sell such allotment or allotments by public auction or private contract in manner directed by the said writed act to such person or persons as shall be willing to borrow the purchaser or purchasers thereof for the best price or prices that can or may be reasonably had gotten for the same and to convey the land so sold unto the purchaser or purchasers or his or their heirs and assigns according to the directions of the said writed actProvidedalways and be it furtherenactedthat in case the money arising by the sale of such allotment or allotments as aforesaid shall not be sufficient to defray all the charges and expenses as aforesaid that the deficiency shall be made up by the several persons interested in the lands and grounds hereby directed to be divided and inclosed and shall be paid in such shares and proportions and within such time and to such person or persons as the said commissioners shall direct communicate and appoint and if there shall be any surplus the same as well as the surplus of any monies to arise by such sale as aforesaid shall be divided and apportioned among the several persons entitled thereto and the shares of such of them as shall be tenants in fee simple shall be paid to them respectively and the shares of such other persons shall be disposed of in manner directed by the said writed act whenever any money is to be paid for the purchase or exchanges of any lands

21          tenaments or hereditaments and which ought to be laid out in the purchase of other lands tenaments or hereditaments to be settled to the same uses and in case any expense shall be incurred in the execution of any of the powers and provisions of this or the said writed act which ought to be borne and defrayed by any particular person or persons and not out of any money to be raised for the general purposes of this act the same shall be paid in such shares and proportions and by such person or persons as the said commissioners shall directAndbe it furtherenactedthat the said commissioners shall and they are hereby authorized and required to apportion divide set out and allot all the residue and remainder of the said open fields commons and waste grounds hereby directed to be divided allotted and inclosed into and for the several owners and proprietors thereof and persons interested therein in proportion to the several and respective lands common right and all other rights whatsoever in over and upon the said open fields commons and waste grounds which said allotment shall be in full bar and compensation of and for all lands common and other rights

22          of such owners proprietors and persons (all tithes moduses and ecclesiastical dues excepted) in over and upon the said open fields commons and waste grounds so directed to be divided allotted and inclosed as aforesaidAndbe it furtherenactedthat the several allotments to be made in pursuance of this act shall be in lieu of and as a full satisfaction and recompense for all lands common and other rights of the several persons to whom such allotments shall be made in over and upon the said open fields commons and waste grounds hereby directed to be divided and inclosed and it shall be and may be lawful to and for the persons for whose use such allotments shall be so made as aforesaid where the same shall be set out by the said commissioners to take possession of such allotments and to bring out and maintain an action at law and recover damages therein against any person or persons who shall or may commit or occasion any trespass to be committed upon such allotments in such and the same manner as they might or could do if the award of the said commissioners was executedAndbe it furtherenactedthat if any person hath sold or shall at any time before the execution of the said award sell his or her right interest and

23          property into over or upon the lands hereby directed to be divided and allotted or any part thereof to any other person then and in every such case it shall be lawful for the said commissioners and they are hereby authorized and required upon application made to them for that purpose by writing under the hands of the contracting parties to make an allotment of land unto the vendor or purchaser in every such sale or to his or her heirs or assigns for and in respect of such right interest and property so sold as aforesaid and every such vendor or purchaser or his or her heirs or assigns shall and may from and after the execution of the said award hold and enjoy the land so to be allotted to him her or them as aforesaid in the same manner as the vendor in such sale might could or ought to have held  and enjoyed the same in case such sale had not been made or such right interest or property had been vested in such vendor at the time of making such allotments as aforesaidAndwhereas there are within the said manors of Brockham and East Betchworth respectively several copyhold lands tenaments and hereditaments holden of the said manors respectively and it would be desirable for the purposes of this act that the said lands tenaments and hereditaments or some of them should be severally held of the other of the said manors than that

24          of which they are now respectively holden and that the same should be deemed part and parcel of such other manor.Beit therefore furtherenactedthat if the lord or lords lady or ladies of the said manors of Brockham and East Betchworth respectively for the time being shall at any time before the execution of the award of the said commissioners grant sell and convey unto the other lord or lords lady or ladies of the same manors respectively for the time being his or her heirs or assigns or as he she or they shall direct or appoint the absolute estate and inheritance of and in any part or parts of the copyhold lands tenaments and hereditaments which shall be held of any such lord or lords lady or ladies so granting selling or conveyed as aforesaid and all rights of seigniory royalties services and other rights incident or belonging to such lands tenaments and hereditaments so granted sold and conveyanced as aforesaid then and in such case the said commissioners are hereby required (upon the production and proof being made of such grants sales and conveyances respectively) to declare by the said award that such copyhold lands tenaments and hereditaments are annexed to such other manors as the said commissioners shall think proper or necessary and from and after every such grant sale and conveyance and such proof and declaration as aforesaid such copyhold lands tenaments and hereditaments

25          respectively so granted sold and conveyed as aforesaid and all manorial and other rights incident thereto shall be annexed to such other manor as aforesaid and shall be and be deemed to be part and parcel of such other manor and shall be held thereof under the same tenures rents heriots reliefs payments fines customs and services as the said several copyhold tenaments lands and hereditaments were holden previously such grants sales and conveyances as aforesaid and that several and respective tenants of such copyhold lands tenaments and hereditaments so made part or parcel of such other manor shall from thenceforth be freed released and discharged from all rents heriots reliefs payments fines customs and services due or payable or that might become due or payable to that lord or lords lady or ladies of the manor of which the same act now respectively holden for the time being for or in respect of such copyhold lands tenaments and hereditaments and such grants sales and conveyances shall be specified and declared in the awards of the said commissioners provided always that it shall and may be lawful to and for the several tenants for the time being of the said several copyhold tenaments so annexed

26          to such other manor from time to time and for ever hereafter as and when occasion may require to have free access to and to take copies of and extracts from the court rolls of the said other manor for the better evidencing maintaining and defending their respective titles to their said several estates in such and the same sort manner and form and subject to the payment of the life fees for the same to the steward or stewards for the time being of such other manor as such tenants now could have claims challenge or demand or as the tenants of the manor could or might or ought at any time hereafter to have claim challenge or demand and with such and the same powers and authority in that respect as the said several tenants would have had and enjoyed in case their copyhold tenaments had never been annexed to that other of the said manors.Andbe it furtherenactedthat all the lands and grounds which shall be allotted by virtue of this act or of the said writed act to any person or persons for or in respect of any messuages cottages lands or grounds holden of the said manors by copy of court roll or for or in

27          respect of any leasehold messuages cottages lands and grounds or for or in respect of any right of common or any other right or interest appurtenant or appendant to any such copyhold or leasehold premises shall from and after the execution of the said award be deemed and taken to be copyhold or leasehold and shall be held as such by and under the same tenure rents payments fines customs and services as the copyhold or leasehold messuages cottages lands or tenaments respectively for or in respect whereof such allotments shall be made are now holden provided always that all and every person or persons to whom any lands and premises so to be secured and taken to be copyhold shall be allotted by virtue of this act and the said writed act shall within six calendar months next after the execution of the said award be admitted tenant or tenants to the same without paying any fine or other charge to the lord or lords lady or ladies or to the steward or stewards of the said manor or manors (save and except for the stamp duties and parchment requisite to be used for the copies of such admission respectively and such reasonable fees to the respective steward or stewards

28          of the said manor or manors as the said commissioners shall by their award order and direct but in case any person or persons to whom such lands and premises shall be allotted shall die without admission within the said six calendar months then the customary fine fees and other payments shall be due and payable on the admission of the person or persons entitled to such lands and premises and after every such first admission the premises so to be deemed copyhold which shall be so allotted as aforesaid shall at all times be held under and subject to the same tenures fines and other payments as the present copyhold lands or tenaments in respect whereof such lands and premises shall be allotted are now holden under and subject to and the said commissioners shall by their award determine describe and abut the lands and grounds respectively which are to be and remain copyhold or leasehold and all other lands and grounds to be allotted by virtue of this act except what shall be so ascertained by the said commissioners to be copyhold or leasehold shall be thenceforth deemed taken and enjoyed as freehold lands and grounds subject

29          nervetheless to such free rents and services as are now due or payable out of or for the respective messuages lands tenaments or hereditaments for or in respect whereof the same shall or may be allotted.Andbe it furtherenactedthat it shall and may be lawful to and for the said commissioners to set out allot and award any lands tenaments or hereditaments in the manors of Brockham and East Betchworth within the said parish of Betchworth in lieu of and in exchange for any other lands tenaments or hereditaments within the said parish or within any adjoining parish hamlet or township

30          or place provided that all such exchanges be ascertained specified and declared in the award of the said commissioners and made with the consent of the lord or lords of the manor or manors wherever the interests of such lord or lords are concerned owner or owners proprietor or proprietors of the lands tenaments or hereditaments which shall be so exchanged whether such lord or lords owner or owners proprietor or proprietors shall be a body or bodies politic corporate or collegiate corporation aggregate or sole or a tenant or tenants in fee simple or for life or in fee full general or special or by the curtosy of England or for years determinable or any life or lives or with the consent of the guardians trustees to feeoffees for charitable or other uses his husbands committees or attornies of or acting for any such lords proprietors or owners as aforesaid who at the time of making such exchange or exchanges shall be respectively infants femes covert lunatics or under any other legal disability or who shall be beyond the seas or otherwise disabled to act for themselves himself or herself such consent to be testified in writing under the common seal of the body politic corporate or collegiate and under the hands of the other consenting parties respectively and all

31          and every such exchange and exchanges so to be made shall be good valid and effectual in the law to all intents and purposes whatsoever provided nevertheless that no exchange shall be made of any lands tenaments or hereditaments held in right of any church chapel or other ecclesiastical benefit without the consent testified as aforesaid of the patron thereof and of the lord bishop of the diocese in which such lands tenaments or hereditaments so to be exchanged shall be or be situate provided also that all costs charges and expenses  attending the making any exchanges and partitions shall be paid and borne by the several persons making such exchanges or partitions in such manner and in such proportion as the said commissioners shall by their award order and directAndbe it furtherenactedthat all leases and other agreements at court or extended courts which are now subsisting in respect of all or any part of the lands grounds and premises within the said manors of Brockham and East Betchworth that may be allotted or exchanged under the powers of this act or the said writed

32          act shall cease determine and be void if the said commissioners shall think necessary and proper immediately after the award of the said commissioners being executed or within such further time as the said commissioners shall appoint the respective tenants or lessees of the premises so allotted or exchanged receiving from the respective owners and proprietors  thereof such sums of money as the said commissioners shall ascertain as reasonable to be paid to such tenants or lessees respectively as an equivalent for their rights or interests in the same under or by virtue of such leases or agreements and if the money to be ascertained as aforesaid shall not be paid to the persons or persons entitled to receive the same within three calendar months after demand made thereof it shall and may be lawful to and for the said commissioners and they are hereby required to raise and levy the same for the use and benefit of the person or persons entitled thereto by distress and sale of the goods and chattels of the person or persons who ought to pay the same as aforesaid provided always that if there shall be any lease

33          or leases of lands part of which shall lie within either of the said manors of Brockham and East Betchworth and part in any adjoining manor all and every such lease or leases upon each rent now subsisting may be vacated but where any such land shall have been taken in exchange which land shall be under lease and wholly situate in an adjoining manor the lease of such last mentioned land shall be vacatedProvidedalways and it beenactedthat nothing in this act contained shall extend or be construed to extend so as to revoke or make void alter or annul in any will or settlement or to prejudice any person or persons having any right or claim of dower jointure portion debts rents or incumbrances out of upon affecting any of the lands or grounds to be divided allotted and inclosed as aforesaid or any part or parts thereto respectively but that the respective persons to whom any lands or hereditaments shall be allotted by virtue of this act shall be seised thereof to such and the same uses for such and the same estates and subject to such and the same wills jointures rents charges and no other as the messuages buildings lands grounds and hereditaments whereof such

34          person was seised or possessed at or immediately before the execution of the said award or for which or in respect whereof such allotments shall be made would have been subject to or charged with or affected by in case this act had not been madeAndbe it furtherenactedthat the said commissioners shall by some writing or writings under their hands ascertain order and appoint what recompense and satisfaction in money shall be paid to the owner or owners of any crops growing at the time that the said intended division and allotment shall be made for the said crops by the person or persons to whom the lands on which such growing crops are shall be allotted and in case of nonpayment thereof at the time and in manner to be appointed for that purpose by the said commissioners it shall be lawful for the person or persons to whom such recompense and satisfaction shall be directed to be paid as aforesaid his her and their servants or agents with horses carts and carriages to enter into and upon the lands and grounds whereon such crops shall be growing and to cut reap and carry away the said crops and dispose thereof to his her and their own use and

35          also that the said commissioners shall by some writing or writings under their hands ascertain order and appoint what recompense and satisfaction in money shall be paid and by and whom to any tenant or tenants occupier or occupiers of the lands and grounds intended to be divided allotted and inclosed as well as for ploughing tilling and manuring any land which shall be allotted to any person or persons for the profit and advantage which any such person or persons will obtain thereby or for any loss or disadvantage which any such tenant or tenants occupier or occupiers will sustain by means of the said division and inclosure and if in either of the said cases last mentioned such recompense and satisfaction shall not be paid at the time and in manner to be appointed by the said commissioners then the said commissioners shall and may by any warrant or warrants under their hands and seals directed to any person or persons whomsoever (which warrant and warrants they are hereby directed and empowered to grant accordingly) cause the same to be levied by distress and sale of the goods and in chattels of the person or persons required to make such recompense and satisfaction as

36          aforesaid together with the costs and charges of such distress and sale rendering the overplus (if any) to the owner or owners of such goods and chattelsAndbe it furtherenactedthat if any person shall advance any sum of money for the purpose of defraying the expenses of obtaining and passing this act or of carrying the same into execution every such person shall be repaid the same with interest at the rate of five pounds per centum per annum out of the first monies that shall be raised for defraying such expenses by virtue of this actProvidedalways and it be furtherenactedthat the several proprietors of the lands and grounds hereby directed to be divided allotted and inclosed their attorneys and agents shall pay and defray their own charges and expenses when they or any of them shall attend the said commissioners or any of their meetings to be holden in pursuance of this actAndbe it furtherenactedthat once at least in each and every year during the execution of this act such year to be computed from the day of passing thereof the said commissioners shall and they are hereby required to make a true and just statement or account of all sums of money by them received and expensed

37          due to them for their own trouble and expenses in their execution of this act and the said writed act and that such statement or account when so made together with the voucher relating thereto shall be by them laid before any two or more justices of the peace for the county of Surrey assembled in petty sessions in the Division in which the said lands are situated in and not interested in the same to be by them examined and balanced and that the said commissioners shall give notice in writing to be affixed to the church door of the said parish of Betchworth on a Sunday before divine service of their having so done and of the petty sessions before whom the same shall be so laid and of the time and place of passing the same one calendar month at the least before the allowing and passing thereof in order that any parties interested therein may inspect the same in the mean time as they are hereby authorized and empowered at all reasonable times to do and such balance shall be by such justices stated in the book of accounts to be kept in the office of the clerk

38          to the said commissioners and no charges or item in such accounts shall be binding on the parties concerned or valid in law unless the same shall have been duly allowed by such justices at the time and in the manner aforesaidAndbe it furtherenactedthat the award to be made by the said commissioners together with such map or plans (if any) as shall be annexed thereto shall after the inrolment thereof as directed by the said writed act to be deposited in the said parish church of BetchworthAndbe it furtherenactedthat if any person or persons shall think himself herself or themselves aggrieved by any matter or thing done in pursuance of this and the said writed act (except such matters and things as are hereinbefore directed or authorized to be tried settled or determined by the verdict of a jury or where any of the clauses or provisions of the same writed act or of this act shall express that the same shall be final and

39          conclusive) then and in every such case he she or they may appeal to any general quarter sessions of the peace which shall be held in and for the said county of Surrey within four calendar months after the cause of complaint shall have arisen giving fourteen clear days notice of such appeal to any one of the said commissioners and the justices in the said general quarter sessions are hereby authorized and required to hear and determine the matter of every such appeal and to make such order or orders therein and award such costs as to them in their discretion shall seem reasonable and by their order or warrant levy such sum or sums of money or cause to be done such other matter or thing which shall be so awarded together with such costs by distress and sale of the goods and chattels of the party or parties person or persons liable to pay the same rendering the surplus (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 or order of the said justices shall be final and conclusive to all parties concerned and shall not be removed or removeable by certiorari or writ or process whatsoever into any of his majestys courts of

40          record at Westminster or elsewhere but in case any such appeal shall appear to the said justices to be frivolous vexatious or without foundation then the said justices shall award such costs to be paid by the said appellant or appellants as to them in their discretion shall seem reasonable and to be levied in manner aforesaidAndwhereas there is within the said manor of Brockham a certain common called Brockham Green containing by survey five acres three roods and four perches or thereabouts which green in its present state is of general utilityBeit thereforeenactedthat nothing in this act contained shall extend or be construed to authorise or empower the said commissioners to inclose divide or allot the said common called Brockham Green or any part thereof but that all rights of common in over and upon the same shall from and after the passing of this act be for ever barred and extinguished except the right which is now exercised for the turning of geese or poultry in over and upon the same

42*       Providedalways that nothing in this act contained shall extend or be construed to extend to authorize or empower any person or persons other than the Lord or Ladies of the said manors respectively for the time being to open work or use or permit or suffer any other person or persons to open work or use any chalk pit or chalk pits upon the said commons or waste grounds or any part thereof for the sale of chalk or to enlarge the powers of the several proprietors for getting and digging chalk upon any other lands and grounds within the said manors respectivelyAndbe it furtherenactedthat nothing herein contained shall prejudice lessen or defeat right title or interest of the Lords or Ladies of the aforesaid manors of Brockham and East Betchworth for the time being of in or to any seigniories royalties rights or services incident or belonging

42          to such manors respectively but that every such lord and lady respectively as aforesaid shall and may from time to time and at all time hereafter hold and enjoy the same respectively and all the rents services fines courts courts leet and baron perquisites and profits of courts waifs strays and forfeitures and all mines and minerals and all powers of winning working and getting the same and all right of opening working and using and chalk pit or chalk pits upon their respective lands for the sale of chalk or otherwise and all other seigneuries royalties and privileges to the lords and ladies of the said respective manors for the time being incident or belonging (other than and except those which are expressly declared to be barred destroyed and extinguished by this act) in as full ample and beneficial manner as they respectively could or might have held or enjoyed the same in case this act had not been passedSavingalways to the kings most excellent majesty his heirs and successors and to all and every other person or persons or bodies politic corporate or collegiate his her and their heirs successors executors and administrators all such estate right title and interest other than such as are meant and intended to be

43          barred and destroyed by this act as they or every of them had or enjoyed of into or in respect of the lands and grounds hereby directed to be divided allotted and inclosed before the passing of this act or would or ought to have had or enjoyed in case this act had not been made./~

 

*   no section 41, but two section  42