Parson’s Mead Enclosure Act (1823)

Background

The Parson’s Mead Enclosure Act of 19 March 1823 (Private Act 4 Geo IV c.1) had the full title of “An Act for inclosing certain Lands in the Parish of Croydon in the County of Surrey”. It appointed “Martin Nockolds of Tring in the County of Hertford” as “the sole Commissioner for dividing, allotting, and inclosing” two pieces of land: one “called Parsons Mead, containing by Estimation Twenty-nine Acres or thereabouts” and one “called Broad Green, containing by Estimation Three Acres or thereabouts”.

As was usual for enclosure commissioners, Martin produced two items to fulfil his commission: an award and a map. The award and the map are reproduced on another page of this website.

The act itself contains very little Croydon-specific information, but may be of interest nevertheless. Below are photographs and a transcription, produced by me from an original printed copy of the act in my own possession. Italics, all-caps, smallcaps, and marginal notes in the transcription are as in the original, but I have omitted the catchwords (i.e. words from the next page printed at the bottom of a page to help the printer make sure all the pages are in the right order).

My photographs of the act

My transcription of the act

ANNO REGNI GEORGII IV. Britanniarium Regis, QUARTO.

At the Parliament begun and holden at Westminster, the Twenty-first Day of April, Anno Domini 1820, in the First Year of the Reign of our Sovereign Lord GEORGE the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith:

And from thence continued, by several Prorogations, to the Fourth Day of February 1823, being the FOURTH SESSION of the SEVENTH PARLIAMENT of the United Kingdom of Great Britain and Ireland.

LONDON: Printed by George Eyre and Andrew Strahan, Printers to the King’s most Excellent Majesty. 1823.

ANNO QUARTO GEORGI IV. REGIS.

Cap. 1.

An Act for inclosing certain Lands in the Parish of Croydon in the County of Surrey.

[19th March 1823.]

WHEREAS there is within the Manor of the Rectory of Croydon otherwise Bermondsey, in the Parish of Croydon in the County of Surrey, a certain Piece or Parcel or certain Pieces or Parcels of Common or Commonable Land or Ground, called Parsons Mead, containing by Estimation Twenty-nine Acres or thereabouts; and also a certain Piece or Parcel of Common or Waste Land or Ground, called Broad Green, containing by Estimation Three Acres or thereabouts: And whereas Alexander Caldcleugh Esquire is Lord of the Manor of the Rectory of Croydon otherwise Bermondsey aforesaid: And whereas the said Alexander Caldcleugh and Elizabeth Caldcleugh Widow, John Keely, Giles Long, and several other Persons, are Proprietors of or interested in the said Common, Commonable, and Waste Lands and Grounds respectively: And whereas an Act was passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled 41 G.3. c.109. 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: And whereas an Act was passed in the Second Year of the Reign of His present Majesty King George the Fourth, intituled 2 G.4. c.23. An Act to amend the Law respecting the inclosing of open Fields, Pastures, Moors, Commons, and Waste Lands in England: And whereas the said Common, Commonable, and Waste Lands and Grounds are in their present State incapable of any considerable Improvement, and it would be of great Advantage to the several Persons interested therein, if the same were divided and inclosed, and specific Allotments thereof made to the several Persons entitled thereto, according to their respective Rights and Interests therein; but such Division and Inclosure cannot be effected without the Aid and Authority of Parliament: 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 Appoint­ment of Commis­sioner.Martin Nockolds of Tring in the County of Hertford, Gentleman, shall be and he is hereby appointed the sole Commissioner for dividing, allotting, and inclosing the said Common, Commonable, and Waste Lands and Grounds, and for carrying this Act and the said recited Acts into Execution, in such Manner as herein-after is mentioned, and subject to such Regulations as are herein-after contained, and for exercising and executing all and every the Powers and Authorities vested in him by this Act or the said recited Acts, under and subject to such Directions and Provisions as are herein contained; and also under and subject to such of the Rules, Orders, Directions, and Provisions, contained in the said recited Acts, as are not altered, varied, or otherwise provided for in and by this Act.

Power to elect a new Commis­sioner. II. And be it further enacted, That if the said Martin Nockolds, or any Commissioner to be appointed as herein-after is mentioned, shall die, neglect, or refuse, or become incapable to act as a Commissioner in the Execution of this Act, at any Time or Times before the same shall be wholly or completely executed, then and in every such Case it shall be lawful for the major Part in Value (such Value to be ascertained by the Rate for the Relief of the Poor within the said Parish) of the Proprietors and Persons. interested, in the said Common, Commonable, and Waste Lands and Grounds hereby directed to be divided and inclosed as aforesaid, or their known Agents or Attornies, who shall be present at a public Meeting to be held for that Purpose in the Parish of Croydon aforesaid, in pursuance of a Notice to be given by Writng, to be affixed upon the principal Door of the Parish Church of Croydon aforesaid, at least Ten Days before such Meeting, and to be signed by any Two or more of the Proprietors and Persons interested as aforesaid, by Writing under their Hands, to appoint a fit and proper Person (not interested in such Division and Inclosure), to be a Commissioner in the Room and Stead of the Commissioner so for the Time being dying, neglecting, or refusing, or becoming incapable to act as aforesaid; and that every such Commissioner who shall be so appointed as aforesaid shall have the like Powers and Authorities for putting into Execution this Act and the said recited Acts, as if he had been originally named and appointed a Commissioner in this Act.

Commis­sioner to appoint a Clerk. III. And be it further enacted, That the said Commissioner shall have Power and he is hereby authorized to appoint some fit and proper Person to be his Clerk, for assisting him in carrying this Act into Execution; and such Clerk from Time to Time to remove, and to nominate and appoint some other fit and proper Person to succeed him in such Office as to the said Commissioner shall seem meet.

Allow­ance to Commis­sioner. IV. And be it further enacted, That there shall be paid to the said Commissioner as a Recompence for his Pains and Trouble the Sum of Three Pounds and Three Shillings, and no more, for each and every Day of his Attendance touching the Execution of this and the said recited Acts, and that no Commissioner shall require or be entitled to receive any Fee, Reward, or Gratuity whatsoever, except the said Sum of Three Pounds and Three Shillings per Day; Commis­sioner, &c. to pay their own Ex­pences at Meetings.and that at all Meetings to be held in pursuance of this Act the said Commissioner shall pay his own Expences; and that the said Proprietors their Attornies and Agents shall pay their own Expences, when they or any of them shall attend the said Commissioner at any of his Sittings or Attendances, to be held in pursuance of this Act; and that the Surveyor or Surveyors and Clerk appointed and to be appointed by the said Commissioner shall receive such Recompence or Remuneration for their respective Trouble and Expences in the Execution of this Act or the said recited Acts as the said Commissioner shall think just.and reasonable.

Notice of the Sit­tings of Commis­sioner to be given. V. And be it further enacted, That the said Commissioner shall and he is hereby required to cause public Notice to be given by Advertisement to be inserted in some Newspaper or Newspapers printed or circulated in the said County of Surrey, of the Time and Place of his first and every other Sitting or Attendance, for the Execution of this and the said recited Acts, at least Ten Days before every such Sitting or Attendance, (Sittings or Attendances by Adjournment only excepted); Adjourn­ment of Meetings.and that the said Commissioner shall and may adjourn the said Sittings or Attendances from Time to Time, as he shall see Occasion, without giving any public Notice of such Adjournment; and all the Sittings or Attendances of the said Commissioner shall be held at some convenient Place in the said Parish of Croydon.

How other Notices are to be given. VI. And be it further enacted, That all other Notices necessary or requisite to be given by the said Commissioner, in pursuance of this or the said recited Acts, shall be given by Advertisement, to be inserted in some Newspaper or Newspapers printed or circulated in the said County of Surrey.

Commis­sioner to settle Dif­ferences. VII. And be it further enacted, That if any Dispute or Difference shall arise between any of the Parties interested or claiming to be interested in. the said Common, Commonable or Waste Lands or Grounds hereby directed to be divided and inclosed, touching or concerning their respective Rights and Interests in or over the same, or touching or concerning any other Matter or Thing relating thereto, it shall be lawful for the said Commissioner to examine into, hear, and determine the same: Provided always, that nothing herein contained shall authorize the said Commissioner to determine the Title to any Messuages, Lands, Tenements, or Hereditaments whatsoever.

Power to assess Costs. VIII. And be it further enacted, That in case the said Commissioner shall, upon the Hearing and Determination of any Claim or Claims, Objection or Objections, to be delivered to him in pursuance of this or the said recited Acts, see Cause to award any Costs, it shall be lawful for him, and he is hereby empowered, upon Application made to him for that Purpose, to settle, assess, and award such Costs and Charges as he shall think reasonable to the Party or Parties in whose Favour any Determination shall be made, to be paid by the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, whose Claim or Claims, Objection or Objections, shall be thereby disallowed or overruled; and in case the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, who shall be liable to pay such Costs and Charges, shall neglect or refuse to pay the same on Demand, then and in such Case it shall be lawful for the said Commissioner, and he is hereby authorized and required by Warrant under his Hand, directed to any Person whomsoever, to cause such Costs and Charges to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, so neglecting or refusing to pay the same, rendering the Surplus (if any), on Demand, to the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, whose Goods and Chattels shall have been so distrained and sold, after deducting the Expences attending such Distress and Sale.

Parties may try their Rights by an Issue at Law. IX. Provided always, and be it further enacted, That in case any Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, interested or claiming to be interested in the said intended Division or Inclosure, shall be dissatisfied with any Determination of the said Commissioner, or any other Commissioner to be appointed by this Act, touching or concerning any Claim or Claims of Common, or other Rights or Interests, in, over, or upon, or out of the Lands and Grounds hereby directed to be set out, divided, allotted, and inclosed, or any Part thereof, or any Objection or Objections to such Claim or Claims, it shall be lawful for the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, so dissatisfied, to proceed to cause an Action to be brought upon a feigned Issue against the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate in whose Favour any such Determination shall have been made, within Three Calendar Months next after the Determination of the said Commissioner shall have been notified in Writing to the Party or Parties against whom such Determination shall have been so made, or to his, her, or their known Agent or Attorney; and thereupon the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, so dissatisfied, shall proceed to a Trial at Law at the next Assizes for the said County of Surrey after such Notice, or at the following Assizes to be held for the said County; and the Defendant or Defendants in such Action or Actions shall, and he, she, or they is and are hereby required to name an Attorney or Attornies, who shall appear thereto, or file 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 the Court in which such 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, Body and Bodies Politic, Corporate, or Collegiate whomsoever, unless the Court in which such Action or Actions shall be brought shall set aside such Verdict, and order a new Trial to be had therein (which it shall be lawful for the said Court to do); and that after such Verdict or Verdicts shall have been obtained, and not set aside by the Court, the said Commissioner shall and he is 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: Determina­tion of Com­missioner not objected to to be final. Provided always, that if no such Action at Law shall be commenced, and the Plaintiff or Plaintiffs therein shall not proceed to Trial within the Time herein-before limited for that Purpose, then the Determination of the said Commissioner shall be binding, final, and conclusive, to all Intents and Purposes whatsoever: Provided also, that no Difference, Suit, or Proceeding as aforesaid, nor any Difference or Dispute touching the Title to any Lands, Tenements, or Hereditaments, shall impede or delay the said Commissioner in the Execution of this Act; but the Division and Inclosure hereby directed to be made shall forthwith be proceeded in, notwithstanding any such Difference, Suit, or Proceeding, as far as Circumstances will admit.

Actions may be proceeded in and brought after the Deaths of the Parties. X. And be it further enacted, That if any of the Parties in any Action to be brought in pursuance of this Act shall die pending the same, such Action or Actions shall not abate by reason thereof, but shall be proceeded in as if such Event had not happened; and if any Person or Persons in whose Favour any such Determination shall as aforesaid have been made, and against whom any Action or Actions might have been brought if living, shall die before any such Action or Actions shall have been, brought, and before the Expiration of the Time herein-before limited for bringing such Action or Actions, it shall be lawful for the Person or Persons, Body or 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 said Commissioner or his Clerk with Process for commencing such Action or Actions, in the same Manner as the Party or Parties might have been served therewith if living; and it shall be thereupon incumbent upon 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 thereupon had 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 Actions.

Possessor not to be moles­ted without due Course of Law. XI. Provided also, and be it further enacted, That nothing in this Act contained shall extend to enable the said Commissioner to determine any Right between any Parties contrary to the Possession of any such Parties, except in. Cases of Encroachments made within the Period of Twenty Years; but in case-the said Commissioner shall be of Opinion against the Right. of the Person or Persons so in Possession, he shall forbear to make any Determination thereupon until the Possession shall have been given up by or recovered from such Person or Persons by Ejectment or other due Course of Law.

Encroach­ments within Twenty Years to be deemed Part of the Lands to be inclosed. XII. And be it further enacted, That all Inclosures and Encroachments which at any Time within Twenty Years now last past have been made from and upon the said Common, Commonable, and Waste Lands and Grounds, hereby directed to be divided, allotted, and inclosed, shall be deemed part thereof, and shall be divided and allotted accordingly.

Incroach­ments for Twenty Years and upwards not to be allotted. XIII. Provided always, and be it further enacted, That no inclosure or Encroachment which shall have been made from or upon the said Common, Commonable, and Waste Lands and Grounds, or any Part or Parts thereof, for Twenty Years or upwards antecedent to the passing of this Act, shall be thrown open, divided, allotted, or inclosed under the Provisions of this present Act, or the Provisions of the said first recited Act; nor shall any such Inclosure or Encroachment as last aforesaid, nor the Houses, Cottages, Buildings, and other Erections thereupon, be considered as Part of the said Common, Commonable, and Waste Lands or Grounds; nor shall the Title or Titles. derived under such Inclosure or Encroachment be disturbed by this Act, or any thing herein contained; but no Allotment shall be made under or by virtue of this Act for or in respect of any such Inclosure or Incroachment.

Date of In­croachments to be determined by Commis­sioner. XIV. And be it further enacted and declared, That if any Dispute shall arise as to the Space of Time during which any such Inclosures or Incroachments shall have been made or subsisted, the same shall be examined into and determined by the said Commissioner.

Power to stop up Roads. XV. And be it further enacted, That the said Commissioner shall and may Stop up, discontinue, divert, change, or alter any of the old or accustomed Footpaths, Horsepaths, private Drift, or public Highways or Roads, passing or leading over, through, or between any ancient inclosed Lands in the said Manor (if he shall be of Opinion that the doing so is proper), by and with the Concurrence and Order of any Two Justices of the Peace for the County or Place in which the same shall be situate, in manner and subject to such Appeal as is given by the said first recited Act, and subject to the Rules, Orders, and Directions mentioned and contained in an Act passed in the Fifty-fifth Year of the Reign of His late Majesty King George the Third, 55 G.3. c.68. intituled An Act to amend an Act of the Thirteenth Year of the Reign of His present Majesty for the Amendment and Preservation of the public Highways, in so far as the same relates to Notice of Appeal against turning or diverting a public Highway; and to extend the Provisions of the same Act to the stopping up of unnecessary Roads.

Old Roads not to be stopped up till new Roads are made. XVI. And be it further enacted, That none of the present Roads in, over, and upon the said Common, Commonable, or Waste Lands or Grounds, shall be shut up or discontinued until the new Roads which the said Commissioner shall set out and cause to be made, pursuant to this and the said first recited Act, shall have. been properly formed and made safe and convenient for Horses, Cattle, and Carriages; any thing in the said first recited Act containied to the contrary notwithstanding.

Commis­sioner to make Drains, &c. XVII. And be it further enacted, That for the better draining and improving the said Common, Commonable, and Waste Lands and Grounds, hereby directed to be divided and inclosed, the said Commissioner shall and may set out and appoint such Ditches, Drains, Watercourses, Banks, and Bridges to be made in, through, over, and upon the said Lands and Grounds, as shall in the Judgment of the said Commissioner be necessary and proper; and the said Commissioner also shall and may, for the Purposes aforesaid, direct such Ditches, Drains, Watercourses, Banks, and Bridges to be made in, through, over, and upon any of the inclosed Lands within the said Parish of Croydon, adjoining or lying adjacent to the said Common, Commonable, and Waste Lands and Grounds, as he shall think proper, so that the same be made with the Consent in Writing of the Owners or Proprietors for the Time being seised of or entitled in Possession to such inclosed Lands, or to the actual Receipt of the Rents and Profits thereof; for an Estate of Freehold of Inheritance, or of the Guardians, Husbands, Committees, Trustees, or Attornies of or acting for any such Owners or Proprietors who shall be then Infants, Femes Covert, Lunatics, beyond the Seas, or otherwise disabled to act for themselves, himself, or herself, and so that the said Commissioner do make such Compensation or Satisfaction to all and every the Person or Persons who may sustain any Damage thereby as he shall deem reasonable; and the said Commissioner shall and may and he is hereby required and directed in and by his Award, to order and determine by. whom, and at whose Expence, and at what Time, and in what Manner the said Ditches, Drains, Watercourses, Banks, and Bridges shall be made, and afterwards cleansed, scoured, repaired, and maintained: Provided always, that no Watercourse, Brook, or Stream shall be diverted or turned without the Consent in Writing of the Owner or Owners for the Time being of the Lands from which such Watercourse, Brook, or Stream shall be diverted, and into which the same shall be turned, such Owners respectively being seised of or entitled in Possession to the said Lands, or to the Receipt of the Rents and Profits thereof, for an Estate of Freehold or Inheritance, or without the Consent of the Guardians, Husbands, Committees, Trustees, or Attornies of or acting for any such Owners who shall be then Infants, Femes Covert, Lunatics, beyond the Seas, or otherwise disabled to act for themselves, himself, or herself.

Commis­sioner may suspend or extinguish Rights of Common. XVIII. And be it further enacted, That it shall be lawful for the said Commissioner, and he is hereby authorized at any Time or Times after he hath made his Allotments, and before the Execution of his said Award, by Notice in Writing under his Hand, to be affixed upon the principal outer Door of the Parish Church of Croydon aforesaid, to order or direct all or any of the Rights of Common, or other Rights, in, over, or upon the said Common, Commonable, and Waste Lands and Grounds hereby directed to be divided and inclosed as aforesaid, or any Part thereof, to be extinguished, or the Exercise thereof to be suspended for and during such Time as shall be expressed in such Writing; and that all such Rights as the said Commissioner shall by such Writing order and direct to be extinguished, or the Exercise thereof to be suspended as aforesaid, shall, from the Time of affixing such Writing on the Church Door of the said Parish, cease, determine, and be for ever extinguished, or the Exercise thereof be suspended accordingly; any Law, Usage, or Custom to the contrary thereof notwithstanding.

Allotment to the Lord of the Manor. XIX. And be it further enacted, That the said Commissioner shall, in the first Place, allot, set out, and award, unto and for the Lord or Lords, Lady or Ladies, for the Time being of the Manor of the Rectory of Croydon otherwise Bermondsey aforesaid, for and in lieu of his, her, or their Right, Title, and Interest in and to the Soil of the said Common, Commonable, or Waste Lands or Grounds, so much and such Parts of the said Lands and Grounds, (Quantity, Quality, and Situation considered) as in the Judgment of the said Commissioner shall be a just Equivalent for the same.

Allotments of the Residue. XX. And be it further enacted, That after such Allotment shall have been made as aforesaid, the said Commissioner shall, and he is hereby required to set out, allot, apportion, and divide all the Residue and remaining Parts of the said Common, Commonable, and Waste Lands and Grounds hereby directed to be divided, allotted, and inclosed, unto and amongst all and every the Persons and Person, Bodies and Body Politic, Corpotate, or Collegiate, interested therein, in such Quantities, Shares, and Proportionss as by the said Commissioner shall be adjudged and determined to be a fair, just, and reasonable- Compensation and Satisfaction for their several and respective Estates, Rights, and Interests therein.

Meeting for Objections to Allotments. XXI. And be it further enacted, That when and so soon as the said Commissioner shall have ascertained the respective Estates, Rights, and Interests of the said Owners or Proprietors, in the said Common, Commonable and Waste Lands and Grounds, hereby directed to be divided, allotted, and inclosed, and also: the respective Quantities, Shares, and Proportions by him proposed to be allotted to such Owners or Proprietors respectively in lieu thereof, the said Commissioner shall hold a Meeting, of which Eight Days previous Notice shall be given at some convenient Timte and Place, when and where the said Owners or Proprietors may inspect a Map and Schedule of such intended Allotments; and if any of the said Owners .or Proprietors shall upon such Inspection be dissatisfied with any of the proposed Allotments, the said Commissioner shall at such Time and Place as last aforesaid, or at some other Time and Place to be appointed by him for that Purpose, receive Statements in Writing of the Complaints and Objections of any Owner or Proprietor, or Owners or Proprietors, against any of such Allotments, and shall forthwith, or as soon after as conveniently may be, determine the same, and such Determination being reduced into Writing and signed by him, shall be binding and conclusive upon all Parties interested in any such Allotment or Allotments.

Separate Allotments for separate Titles. XXII. And be it further enacted, That where the Owner or Proprietor, or Owners or Proprietors of any of the said Common, Commonable, and Waste Lands and Grounds hereby directed to be divided, allotted, and inclosed, shall hold his, her, or their respective Estates under various Titles, the said Commissioner shall, upon the Request of such respective Owners or Proprietors in Writing under their Hands, set out and distinguish in his said Award distinct and several Allotments for the Lands or other Hereditaments held under each Title; and where, from the Want of the necessary Information before the said Commissioner, or from any other Cause, his Award shall omit to make such Distinction as aforesaid in regard to different Titles, at any Time within Twelve Calendar Months next after making the said Award, Request shall be made to the said Commissioner, by any Person or Persons interested, by Writing under his or their Hand or Hands, to have such Omission supplied by a separate Instrument, then and in every such Case the said Commissioner is hereby authorized and required to do every thing necessary for supplying such Omission, and so far as that Purpose shall require, to examine Witnesses, and in every other respect to proceed and act as if the Award had not been made; and when he shall have obtained what he shall think sufficient Information, he is hereby also authorized and required, by any Instrument under his Hand and Seal, to ascertain and distinguish the various Titles, and accordingly to make distinct and several Allotments in the same Manner as is hereby required where such Distinction shall be made in the nd said Award; and every such separate Instrument, after having been duly executed by the said Commissioner, shall have the same Effect as if it were contained in the said Award, and shall be delivered to the Person or Persons to whom the Custody of the Deeds and Writings concerning the Title to the Premises in Question shall, in the Opinion of the said Commissioner, most properly belong for the Time being; and all Expences which shall be reasonably incurred in or about any such supplemental Instrument as aforesaid, shall be paid by the Person or Persons who shall have so requested the said Commissioner as aforesaid, or by his, her, or their Heirs, Executors, or Administrators, to such Person or Persons, and at such Time and Place, as the said Commissioner shall by Writing under his Hand appoint; and in case such Expences shall not be paid, it shall be lawful for the said Commissioner, and he is hereby required, to raise and levy the same by such Ways and Means as any Penalty or Forfeiture imposed by the said first recited Act can or may be raised and levied.

Proprietors may before Award sell their Com­mon Rights. XXIII. And be it further enacted, That it shall and may be lawful for any Person or Persons who shall be entitled to any Allotment or Allotments by virtue of this Act, by any Deed or Deeds, Instrument or Instruments in Writing, to mortgage, sell, dispose of, convey and assure the same, for all or any Part of his, her, or their Estate or Interest therein, or Right thereto, at any Time before the Execution of the Award of the said Commissioner; and every such Mortgage, Sale, Disposition, Conveyance, and Assurance shall be of the same Force and Validity as if made after the Execution of the said Award; and also, that it shall and may be lawful for any of the Owners or Proprietors of any Common Right upon the Common and Waste Lands hereby directed to be divided, allotted, and inclosed, by any Deed or Deeds, Instrument or Instruments in Writing, to mortgage, sell, dispose of, convey, and assure the same, or the Allotment or Allotments to be made and set out in respect thereof by virtue of this Act, separate and distinct from the Estate in right of which he or she is entitled to the same, in such Manner as he or she might have done at any Time after the Execution of the said Award.

Allotments to be held under the same Titles as the Lands in respect of which such Allotments shall be made. XXIV. And be it further enacted, That nothing in this Act contained shall extend to revoke, make void, impeach, annul, or alter any Conveyance, Settlement, Will, Mortgage, Charge, or other Deed or Deeds, or Instrument or Instruments whatsoever, relating to or affecting any Messuages, Lands, Tenements, or Hereditaments which shall be allotted in pursuance of this Act, but that the several Messuages, Lands, or Hereditaments which shall be so allotted, shall, immediately after the making of such Allotments, be, remain and enure to such and the same Persons, for such and the same Estates and Interests, and to such and the same Uses, and for such and the same Intents and Purposes, and with and subject to such and the same Powers and Authorities, Provisoes, Limitations, Conditions, Covenants, Agreements, Wills, Settlements, Trusts, Debts, Charges, and Incumbrances, as the Messuages, Lands, or other Hereditaments, in respect or in lieu whereof such Allotments shall be made were and stood limited and settled, or subject or liable unto at the Time of making such Allotments, or would have respectively remained limited, settled, or subject and liable unto, if such Allotments had not been made.

Manner in which the Expences of this Act and the Inclosure shall be raised and paid. XXV. And whereas under or by virtue of a certain Act of Parliament, passed in the Forty-first Year of the Reign of His late Majesty King George the Third, intituled An Act for making and maintaining a navigable Canal from or from near the Town of Croydon in the County of Surrey, into the Grand Surrey Canal in the Parish of Saint Paul, Deptford, in the County of Surrey; and for supplying the Towns of Croydon, Streatham, and Dulwich, and the District called Norwood in the Parish of Croydon, in the said County of Surrey, and the Town of Sydenham in the County of Kent, with Water from the said Canal, the Company of Proprietors of the said Canal, in the Month of March One thousand eight hundred and eleven, took and used for the Purpose of making a Railway thereon a certain Piece or Parcel of Land, containing One Acre, Part of the said Common or Commonable Land called Parsons Mead; and the Sum of Three hundred and seventy Pounds, being the Sum fixed by the Commissioners appointed by the said Act to be paid by the said Company of Proprietors for the Purchase of the said Piece or Parcel of Land, and for the Damages which should or might be sustained. by the several Persons being Owners of or interested in the said Land, by the Means aforesaid, was paid by the said Company of Proprietors into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, in the Manner directed by the said Act: And whereas the said Company of Proprietors, in the Month of January One thousand eight hundred and fourteen, took and used, for the Purpose of making an Addition to the Railway herein-before mentioned, a certain other Piece or Parcel of Land, containing Thirty Perches, other Part of the said Common or Commonable Land called Parsons Mead; and the Sum of Seventy Pounds, being the Sum fixed by the Commissioners appointed by the said Act to be paid by the said Company of Proprietors for the Purchase of the said last-mentioned Piece or Parcel of Land, and for the Damages which should or might be sustained by the several Persons being Owners of or interested in the said Land or Ground by the means aforesaid, was paid by the said Company of Proprietors into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, in the Manner directed by the said Act: Now it is hereby further enacted, That the said Two several Sums of Three hundred and seventy Pounds, and Seventy Pounds, and the Funds or Securities in or upon which the same have been or shall be placed, and all Interest, Dividends, or yearly Produce which have been or shall be made thereof, shall be and the same are hereby vested in the said Commissioner, and he shall receive the same, and pay and apply the same (or so much thereof as he shall find requisite), in or towards defraying the Charges and Expences of obtaining and passing this Act, and of carrying the same and the said recited Acts into Execution; and in case the said Sums, Funds, or Securities, Interest, Dividends, or Produce shall not prove sufficient for fully defraying the said Charges and Expences, then the said Commissioner shall and may raise so much more Money as shall be requisite for that Purpose, by Sale of such Part or Parts of the said Common, Commonable, and Waste Lands and Grounds, hereby directed to be divided, allotted, and inclosed, as the said Commissioner shall in his Judgment think proper.

Manner in which Sales are to be made by the Commis­sioner. XXVI. And be it further enacted, That all the Sales to be made by the said Commissioner in pursuance of this Act shall be made in the same Manner as Sales of Land for the Payment and Discharge of Expences attending Acts of Inclosure are by the said first recited Act directed to be made, and the Receipts of the said Commissioner for the Monies to arise from such Sale or Sales shall be a sufficient Discharge or Discharges to the Person or Persons paying the same; and such Person or Persons, his, her, or their Heirs, Executors, Administrators, and Assigns, shall not be liable or obliged to see to the Application of such Monies, or be answerable or accountable for the Misapplication or Nonapplication thereof respectively; and the Lands which shall be respectively sold by virtue of this Act shall, on Payment to the said Commissioner of the full Purchase Money for the same respectively, be appointed and conveyed by the said Commissioner, by any Deed or Deeds, Instrument or Instruments in Writing, to be by him sealed and delivered in the Presence of, and attested by One or more creditable Witness or Witnesses, to or in Trust for the Purchaser or Purchasers thereof respectively, his, her, or their Heirs or Assigns, or to such Uses and in such Manner as such Purchaser or Purchasers shall direct or require; and all the Lands which shall be so respectively appointed and conveyed shall, immediately after the Appointment and Conveyance thereof respectively, be held in Fee Simple, and be absolutely discharged of and from all Right of Common and other Rights and Interests in, upon, and to the same respectively, and be subject and liable to such Orders, Directions, and Restrictions with respect to fencing, ditching, and inclosing the same, and with such Orders or Directions and Restrictions as shall be laid down and appointed in respect thereof, by the said Commissioner in and by his said Award, or by any Writing under his Hand.

Persons ad­vancing Money to be repaid with Interest. XXVIII. And be it further enacted, That if any Person or Persons shall advance or lend any Sum or Sums of Money towards defraying the Costs, Charges, and Expences of obtaining this Act, and carrying the same and the said recited Acts into Execution, such Person or Persons shall be repaid the same out of the Monies which shall be raised and received in pursuance of this Act, together with Interest for the same, after the Rate of Five Pounds for every Hundred, by the Year, from the Time or respective Times of advancing or lending the same.

Award to be made. XXIX. And be it further enacted, That the Award to be made by the said Commissioner, under the Authority of this and the said first recited Act, together with a proper Map or Plan of the said Common, Commonable, and Waste Lands and Grounds, hereby directed to be divided and inclosed, thereto annexed, shall within Twelve Calendar Months after the Execution thereof, or so soon after as conveniently may be, be delivered to the Clerk of the Peace for the said County of Surrey, or his Deputy, who is hereby required to deposit and keep the same among the Records of the said County, so that Recourse may be had thereto by any Person or Persons interested in the said Premises, for the Reception whereof the Sum of Three Pounds shall be paid; and for the Inspection and Perusal whereof the Sum of One Shilling and no more shall be paid; and the said Award shall, from and after the Delivery thereof to the said Clerk of the Peace or his Deputy, be deemed and taken to be enrolled, according to the Directions and within the Meaning of the said first recited Act; and a Copy of the said Award, and of the Map or Plan annexed thereto, written and drawn on Parchment, and examined and attested by the said Commissioner to be a tue Copy of the same respectively, shall, within Twelve Calendar Months next after the signing of the said Award, be deposited in the Parish Church of Croydon aforesaid, for the Inspection of the several Persons interested therein, and be kept in a Box to be provided for that Purpose; and the said Award and the said Copy thereof, or any other Copy of the said Award, or of any Part or Parts thereof, attested. by the said Clerk of the Peace, or his Deputy (for every Sheet of which Copy containing Seventy-two Words Two-pence and no more shall be paid), shall from Time to Time, and all Times thereafter, be admitted and allowed as legal Evidence of the Matters and Things thereim contained in all Cousts whatever.

Accounts of Commis­sioner to be audited by a Justice of the Peace. XXX. And be it further enacted, That Once at least in every Year, during the Execution of this Act (such Year to be computed from the Day of the passing of this Act), the said Commissioner shall and he is hereby required to make a just and true Statement or Account of all Sums of Money by him received and expended in the Execution of this Act; and such Statement and Account when so made, together with the Vouchers relating thereto, shall be by him laid before One of His Majesty’s Justices of the Peace for the said County of Surrey (not interested in the Inclosure), to be by him examined and balanced, and such Balance shall by such Justice be stated in the Book of Accounts, to be kept in the Office of the Clerk to the said Commussioner; and no Charge 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 Justice.

Appeal to Quarter Ses­sions. XXXI. And be it further enacted, That if any Person or Persons, or Body or Bodies Politic, Corporate, or Collegiate, shall think himself, herself, or themselves aggrieved by any thing done or omitted to be done in pursuance of this Act or the said first recited Act, (other than and except as to such Claims, Matters, and Things as are by this Act or the said first recited Act directed or authorized to be ascertained, settled, tried, or determined by the Verdict of a Jury; or where by any of the Provisions of this Act, or the said first recited Act, the Determinations, Orders, Acts, or Proceedings of the said Commissioner are declared or directed to be final and conclusive), then and in every such Case he, she, or they may appeal to the Justices at the General Quarter Sessions of the Peace, which shall be holden for the said County of Surrey, within Five Calendar Months next after the Cause of Complaint shall have arisen, on giving to the Commissioner and to the Party or Parties concerned Thirty-one Days Notice in Writing of such Appeal, and of the Matter thereof; and the Justices (not interested in the Premises) at the said General Quarter Sessions, or at any subsequent General Quarter Sessions to which the said Justices shall adjourn any such Appeal, either for the Want of such Notice having been given as aforesaid, or for any other Cause which to the said Justices shall seem a sufficient Cause to adjourn such Appeal, are hereby authorized and required to hear and determine the Cause or Matter of such Complaint, and to make such Order therein, and award such Costs and Damages as they may think reasonable; and by their Order or Warrant to direct such Costs and Damages to be levied 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 Such Warrant, Distress and Sale; and the Determination of the said Justices shall be final and conclusive to all Parties concerned, and shall not be removed by Certiorari, or any other Writ or Process whatsoever, into any of His Majesty’s Courts of Record at Westminster or elsewhere; but in case such Appeal shall appear to the said Justices to be frivolous, vexatious, or without sufficient Foundation, then the said Justices shall award such Costs to be paid by the Appellant or Appellants, as to the said Justices shall seem reasonable, and to be levied in manner aforesaid.

General Saving. XXXII. Saving always to the King’s most Excellent Majesty, His Heirs and Successors, and to all and every other Person and Persons, Bodies Politic, Corporate, or Collegiate, his, her, and their Heirs, Successors, Executors, and Administrators, all such Estate, Right, Title, and Interest, (other than and except such as are meant and intended to be hereby barred and destroyed) as they, every, or any of them, could or might have had, held, and enjoyed, of, in, to, or in respect of the Common, Commonable, and Waste Lands and Grounds to be divided and allotted by virtue of this Act, in case this Act had not been passed.

Evidence Clause. XXXIN. And be it further enacted, That this Act shall be printed by the several Printers to the King’s most Excellent Majesty, duly authorized to print the Statutes of the United Kingdom; and a Copy thereof, so printed by any of them, shall be admitted as Evidence thereof, by all Judges, Justices and others.

LONDON: Printed by George Eyre and Andrew Strahan, Printers to the King’s most Excellent Majesty. 1823.