CHRISTCHURCH INCLOSURE ACT 1802

An Act for dividing allotting and inclosing certain commonable lands and waste grounds within the parish of Christchurch and parish or chapelry of Holdenhurst in the county of Southampton.

And whereas the lands and grounds of the several proprietors in the said commonable lands are now divided into small parcels, intermixed with each other, and the said Waste Grounds consist of large tracts of commonable pasture land, partly covered with furze and heath, of very little value, and in their present situation are incapable of any reasonable improvement; but if the same, or certain parts thereof, were divided into specific shares, and allotted unto and amongst the several owners or proprietors thereof and persons interested therein, in severalty, in lieu of and in proportion to their respective lands, rights of common, and other rights and interests, the same would be more convenient to them, and might be considerably improved: but as such convenience and improvement cannot be accomplished without the authority of Parliament;

May it therefore please your MAJESTY,

Preamble

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 Richard Richardson, of Lincoln’s Inn Fields in the county of Middlesex, gentleman, John Wickens, of Mapperton in the county of Dorset, gentleman, and William Clapcott, of Holdenhurst in the county of Southampton, gentleman, shall be and they are hereby appointed Commissioners for dividing, setting out, and allotting the said commonable lands and waste grounds, and otherwise carrying this Act into execution.

Commissioners

And be it further enacted, that in case the said Richard Richardson shall die, or refuse or neglect to act, or become incapable of acting as a Commissioner in the execution of this Act, the most honourable James Earl of Malmesbury, or such other person or persons who shall be seized of the Estate and interest he now hath in the lands and grounds intended to be inclosed, shall and may, by any writing under his hand and seal, within twenty days after such death, refusal, neglect, or incapacity as aforesaid, or as soon afterwards as occasion shall require, nominate and appoint a proper person, not interested in the said intended division and inclosure, to be a Commissioner in the room of the said Richard Richardson; and in case the said William Clapcott shall die, or refuse or neglect to act, or become incapable of acting as a Commissioner in the execution of this Act, Sir George Ivison Tapps, Baronet, or such other person or persons who shall be seized of the estate and interest he now hath in the manors, lands, and grounds intended to be inclosed, shall and may by any writing under his hand and seal or their hands and seals, within twenty days after such death, refusal, neglect, or incapacity as aforesaid, or as soon afterwards as occasion shall require, nominate and appoint a proper person, not interested in the said intended division and inclosure, to be a Commissioner in the room of the said William Clapcott; and in case the said John Wickens shall die, or refuse or neglect to act, or become incapable of acting as a Commissioner as aforesaid, the other proprietors of lands within the said Parish of Christchurch and Parish or Chapelry of Holdenhurst, or the majority of them (except the said James Earl of Malmesbury and the said Sir George Ivison Tapps, Baronet, as aforesaid) attending at a meeting to be held for that purpose, shall and may, by any writing under their hands and seals, within twenty days after such death, refusal, or neglect or incapacity as aforesaid, or as soon afterwards as occasion shall require, nominate and appoint a proper person, not interested in the said intended division and inclosure, to be a Commissioner in the room of the said John Wickens.

For appointing new Commissioners

Provided also, and be it further enacted, that all acts, matters, and things hereby decided to be done and executed by the said Commissioners, may be done and executed by any two of them, and the same shall be as valid and effectual, as if done and executed by all the Commissioners hereinbefore named, or to be appointed as aforesaid.

Two Commissioners may act

And be it further enacted, that the said Commissioners shall and they are hereby required to give public notice in the Salisbury and Winchester Journal, or in some other newspaper circulated in the county of Southampton, and in the parish church of Christchurch, and chapels of Holdenhurst aforesaid and of Hinton Admiral, upon some Sunday immediately after divine service, of the time and place of their first and every subsequent meeting for executing the purposes of this Act, ten days at least before every such meeting (Meetings by adjournment only excepted); and if at any such meeting no more than one of the said Commissioners shall attend, such Commissioner may adjourn such meeting to such time, at the same place, as he shall think most convenient, within two months from that time.

Notice to be given of meetings

And for the more regular and just division of the said lands and grounds, be it further enacted, that the said Commissioners shall with all convenient speed, either by themselves, or jointly with the assistance of such person or persons as they shall think proper, carefully view and value the same; and unless some survey and admeasurement thereof, or of part thereof, already made, shall be produced to and approved of by the said Commissioners at their first or second meeting, a true and perfect survey and admeasurement shall with all convenient speed be made of the whole of the lands and grounds hereby intended to be divided and allotted, or if such survey be so approved of, then of such part or parts of them whereof no such survey and admeasurement shall be produced and approved of as aforesaid, and also of all such other lands and grounds within the said parish of Christchurch and the parish or chapelry of Holdenhurst, as shall in the judgment of the said Commissioners be necessary, by Richard Attwood, of Salisbury in the county of Wilts, land surveyor, or in case of his death, neglect, or refusal to act as surveyor, by such person or persons as shall be nominated and appointed for that purpose by the said Commissioners; and the person or persons who have or hath made, or who shall make such survey, and also such person or persons (if any) who shall assist in the said valuation, shall verify the same on oath, as to the truth, fidelity and impartiality of their proceedings (which oath any one of the said Commissioners hereby empowered to administer); and the said Survey and admeasurement shall be reduced into writing, and the number of acres roods and perches belonging to each proprietor in the said lands and grounds shall be therein set forth and ascertained; and the survey and admeasurement already made or which shall hereinafter be made as aforesaid, shall be produced and delivered to the said Commissioners, to be made use of for the purposes of this Act; and the said Commissioners and surveyor or surveyors, and all other persons employed by them or either of them, shall and they are hereby authorised, at any time or times before the execution of the said Commissioners’ award, to enter into and upon, and to examine, view, survey, and measure all and every the lands and grounds aforesaid.

Lands to be valued and surveyed

And be it further enacted, that if any dispute or difference shall arise between any of the parties interested in the said lands and grounds hereby intended to be divided and allotted, or any Part thereof, touching the respective rights, shares, or proportions which they or any of them may have therein, or touching any common rights or other interest which they may have or claim in, upon, or over the same, it shall be lawful for the said Commissioners, and they are hereby authorised and empowered to examine witnesses upon oath (which oath any one of the said Commissioners is hereby empowered to administer) and thereupon, or upon view, or other satisfactory evidence, information, or proof, to hear and finally determine the same, and such determination shall be binding and conclusive to all parties interested therein; but no such determination shall hinder or prevent any of the parties from trying their right at law, as hereinafter mentioned, in respect of any matter of title, nor shall any trial to be had thereon suspend the execution of the powers given by this Act, or disturb any allotment made or to be made to any person or persons whomsoever.

Commissioners to determine differences

And be it further enacted, that in case the said Commissioners, upon the hearing and determination of any claim or claims, objection or objections, to be delivered to them in pursuance of this Act, see cause to award any costs, it shall and may be lawful to and 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 claim or claims, objection or objections, shall be thereby disallowed or overruled; 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 and in such case it shall and may be lawful to and for the said Commissioners, and they are hereby authorised and required, by warrant under their hands and seals, 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 so neglecting or refusing to pay the same, rendering the overplus (if any) upon demand to the person or persons whose goods and chattels shall have been so distrained and sold, after deducting the costs and charges attending such distress and sale.

Power to assess costs

Provided always, and be it further enacted, that in case any person or person,s body or bodies politic, corporate, or collegiate, interested or claiming to be interested in the said intended division and allotments, shall be dissatisfied with any determination of the said Commissioners, touching or concerning any claim or claims of the right to the soil of the said common and waste lands, or of any rights of common, or other rights or interests, in, over, or upon the lands and grounds herein directed to be divided, allotted, and inclosed, or any part thereof, it shall and may be lawful to and 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 next or at the following assizes to be holden for the said county of Southampton; 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 such determination of the said Commissioners; 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 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, body and bodies politic, corporate, or collegiate, unless the court wherein such 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 that 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 nothing in this Act contained shall authorize the said Commissioners to determine the title to any messuages, cottages, lands, tenements, or heriditaments whatsoever.

Allowing parties to try their rights by an issue at law

And be it further enacted, that all fields and inclosures within the said parish of Christchurch and parish or chapelry of Holdenhurst, either arable, meadow, or pasture, containing two or more properties within one fence, whether such properties belong to different lords or land owners in fee, or are held of one lord or land owner by different copies of court roll, or leases for long terms of years, or determinable on the death of one or more life or lives, or by any other mode whatsoever, whereby the duration of interest is different or uncertain, and all crofts or inclosures taken out of the said commonable lands and waste grounds within the space of ten years last past, and also all old inclosures of less than five acres each, not lying within one quarter of a mile of the homesteads, nor contiguous to other old inclosures belonging to the same estate or to the owners thereof respectively; and also all old inclosures, messuages, lands, tenements, and hereditaments whatsoever, within the said parish of Christchurch, and Parish or Chapelry of Holdenhurst, the owner or owners whereof shall notify to the said Commissioners his, her, or their consent in writing, to have the same or any part thereof deemed part of the allottable lands and premises under this Act, shall respectively be deemed part of the lands to be divided and allotted by virtue of this Act, and shall be divided and allotted accordingly; and in such cases where allotments are made to persons holding estates for different terms under the same lord or land owner, the said Commissioners shall in their award declare to which estate the respective allotments do severally belong:

The lands to be divided ascertained

Provided nevertheless, that nothing in this Act contained shall be construed to extend to empower or require the said Commissioners to divide or allot any of the commonable lands and waste grounds within the said Parish of Christchurch and Parish or Chapelry of Holdenhurst, except those which are situate within the Tythings or Liberties of Muscliff, Muckleshell, Throop, Holdenhurst, Pokesdown, Iford, Tuckton, and Week (commonly called the Liberty of West Stour) and within the Manor of Hurn, and tythings of Winkton and Hinton Admiral, nor to divide or allot certain commonable lands and waste grounds, called Cowards Marsh, Ogber alias Odber, Bure, Burnatt and Podney Meadows, and the Town Common, within the Manor or tything of Hurn, nor in that part of Port Field lying within the same tything or manor, without the previous consent in writing, under the hands and seals of the major part of the owners and proprietors of the lands and grounds within each tything, and of the tythes thereof respectively, and which owners and proprietors shall possess at least four parts in five of such lands and grounds; but the same or any part thereof may nevertheless be divided and allotted with such consent, on the owners or proprietors of such Lands and grounds first paying to such person or persons as shall have paid the costs and charges of obtaining this Act, such proportionable share of such costs and charges as the said Commissioners shall judge reasonable; anything contained herein to the contrary thereof notwithstanding.

Proviso limiting the powers of this Act to certain tythings and manors, unless by consent of parties

And be it further enacted, that all charges and expenses attending the obtaining and passing of this Act, and of dividing, allotting, and ring-fencing each person’s allotments in the said waste grounds, and of preparing and inrolling the said award, and all other expenses for carrying this Act into execution, or in anywise relating or incident thereto, so far as respects any of the said waste grounds, shall be paid, borne, and defrayed by the sale of such part or parts of the said waste grounds as the said Commissioners shall think necessary, and shall direct to be sold for that purpose; and in case the sale of such lands shall not produce a sum sufficient for defraying the charges and expenses aforesaid, then such further sum or sums as shall be necessary for the purposes aforesaid, and also all such charges and expenses so far as respect any other lands, grounds, and hereditaments by this Act directed or intended to be divided and allotted, shall be paid, borne, and defrayed by the several owners and proprietors of and persons interested in possession, but not in reversion, of the said lands, grounds, and premises hereby intended to be divided and allotted, in and by such shares and proportions, at such time or times, and to such person or persons as the said Commissioners shall, by writing under their hands, order and direct (except any person to whom any allotment shall be made in right of any Church or Chapel, and the several persons to whom any allotment shall be made for the purpose of cutting turves for fuel as hereinafter is mentioned, so far only as respects such allotments); and in ascertaining the several shares and proportions of the charges and expenses aforesaid to be paid by each owner and proprietor, the said Commissioners are hereby authorised and required to have due regard, not only to the proportionate value of the several estates and lands with respect to each other, but also to the proportionate and real improvement which they shall respectively receive by the said division, allotment, and inclosure.

Expenses as to the waste grounds to be defrayed by the sale of waste grounds

And be it further enacted, that if any person shall advance any sum or sums of money for the purposes 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 Act.

Money advanced for the expenses of this Act to be repaid with interest

Provided nevertheless, and be it further enacted, that instead of borrowing money on mortgage, as authorised by the powers contained in an Act of Parliament made and passed in the last Session of Parliament, intitled “an Act for consolidating in one Act certain provisions usually invested in Acts of inclosure, and for facilitating the mode of proving the several facts usually required on the passing of such Acts” it shall be lawful for the said Commissioners, and they are hereby authorised and required (if requested in writing at their first or second meeting by either or any of the person or persons so empowered to borrow money as aforesaid) to deduct from the allotment or allotments to be made to such person or persons respectively, or from the lands to be taken in exchange for the same, or any part or parts thereof, by virtue of the powers contained in this Act, so much and such part or parts of such allotments or exchanged lands, as in the judgment of the said Commissioners shall be equal in value to the sum and sums of money which such person and persons is or are by this Act authorised to borrow on Mortgage as aforesaid, and to allot assign and award the same, in fee simple, to such proprietor or proprietors, or other person or persons as the said Commissioners shall think most proper, and who will undertake to pay and defray, and shall pay and defray such expenses respectively; which said person or persons shall from henceforth stand and be seised thereof, to him, her, or them and his, her, or their heirs and assigns, in fee, freed and absolutely discharged from all incumbrances; and that the receipt of the said Commissioners for such money shall be an effectual discharge for the same to all intents and purposes, and the person or persons who shall pay the same, shall not be answerable for the misapplication or non-application of such monies, or any part thereof.

Or to deduct lands to defray such expenses

AND be it further enacted, that the said Commissioners shall and they are hereby authorised and required to set out and allot unto and for the lords of the several manors respectively in which the said waste grounds are situated, in trust for the occupiers for the time being of all such cottages and tenements containing less than one acre each, as were erected on ancient sites, or have now been erected more than fourteen years, in lieu of their rights or pretended rights, or custom of cutting turves in the said tythings or Liberties of Muscliff, Muckleshell, Throop, Holdenhurst, Pokesdown, Iford, Tuckton, and Week (commonly the liberty of West Stour) the manor of Hurn, and Tythings of Winkton and Hinton Admiral respectively, and in such other tythings (if any) as shall by virtue of this Act be divided and allotted as aforesaid, so much and such part or parts of the said waste grounds in such respective tythings, manors, or liberties, as the said Commissioners shall think proper, for a turf common, not exceeding in the whole five acres, or less than two acres, for each cottage or tenement within each tything, manor, or liberty respectively, as shall in the judgment of the said Commissioners be fit and proper for supplying turves for fuel for the use of such cottages or tenements, and which allotments shall for ever afterwards be managed, and the turf arising therefrom shall be cut, taken, and used by the occupiers of such cottages or tenements in such quantities, and at such time or times in every year, and in such manner as the said lords of the said manors respectively, and the church wardens and overseers of the poor acting for or within such manor, or the major part of them, shall from time to time order and appoint, but such turf common shall not be fed or depastured by any cattle or sheep whatsoever; and that it shall and may be lawful for the lords of the said manors for the time being to act in the execution of the trusts hereby reposed in them by their agents or proxies respectively, such agents or proxies being appointed by writing under the hands of the lords of the said manors respectively, and producing their respective appointments at the time of their acting by virtue hereof.

Allotments for supplying fuel for cottagers

And be it further enacted, that the said Commissioners shall and they are hereby authorised are required to set out and allot unto and for the Right Honourable James Earl of Malmesbury, his heirs and assigns, for and in lieu of his and their great and small tythes, yearly arising, issuing and payable out of and from such part of the waste grounds hereinbefore directed or intended to be divided, allotted, and inclosed, and which by the said Commissioners shall be allotted and awarded to be inclosed by virtue of this Act, such plot or plots, part of the same waste grounds, as in the judgment of the said Commissioners (quantity, quality, and situation considered) shall be equal in value to one eighth part thereof, within the said tything of Muscliff, Muckleshell, Throop, Holdenhurst, Pokesdown, Iford, Tuckton, and Week (commonly called the liberty of West Stour) and to one seventh part of all such other of the said waste grounds within the said parish of Christchurch as shall be divided, allotted, and inclosed as aforesaid, and which shall remain after the said public and private roads and ways, and any allotment or allotments to be made for gravel pits and for sale for the purpose of defraying the expenses, and for the several occupiers of the said cottages and tenements, shall be taken and deducted; and the allotments so to be set out, allotted, and awarded for tythes as aforesaid shall be in full satisfaction and discharge of all great and small tythes whatsoever issuing, arising, and renewing within such parts of the said waste grounds as shall be so divided, allotted, awarded, and inclosed as aforesaid by virtue of this Act; provided always, and it is hereby declared, that nothing herein contained shall extend to be construed to extend to discharge, alter, affect, or vary the right or title of the said James Earl of Malmesbury, his heirs or assigns, of and in the great and small tythes issuing, arising, and renewing within the other lands and grounds within the said parish of Christchurch and parish or chapelry of Holdenhurst, or any modus or composition payable in respect thereof, or any part or parts thereof, but that the same shall respectively remain, continue, and be in force, as if this Act had not been made.

Allotments for tythes of such waste grounds as shall be included

And be it further enacted, that it shall be lawful to and for the said Commissioners, and they are hereby authorised and required to set out and allot such plots in quantity of the said waste lands and grounds intended to be divided and allotted, which shall so remain as hereinbefore is mentioned, as in the judgment of the said Commissioners shall be equal in value to one eighteenth part thereof, unto the several lords of the manors within which the said waste grounds are situate, in lieu of and in full compensation for their several rights and interests in and to the soil of the said waste grounds respectively, which within such manors shall be awarded by the said Commissioners to be divided and allotted under and by virtue of this Act.

Allotments for Lords of Manors for rights of soil

And be it further enacted, that the said Commissioners shall divide, set out, and allot all such parts of the residue of the said commonable lands and waste grounds intended by this Act to be divided and allotted, as shall in their judgment be fit and proper to be divided, allotted, and inclosed, or to be held in severalty, unto and for the several owners, proprietors, lessees, and customary tenants thereof, and other persons interested therein, in proportion to their several and respective lands, common rights, and all other rights whatsoever, in, over, and upon the same, which said allotments shall be in full bar of and compensation for all rights of the several parties in, over, and upon such of the commonable lands and waste grounds as shall be divided and allotted as aforesaid; and for the more easy ascertaining and determining the extent and value of such common rights, the said Commissioners are hereby authorised and required by the present poors rates of the said parish of Christchurch and parish or chapelry of Holdenhurst, or by any valuation of the old inclosures or estates there, in respect of which the said common rights are claimed, made by some competent judge, and proved on oath before the said Commissioners, or by the examination of witnesses upon oath (which oath they are hereby empowered to administer) or by such other ways and means as they shall think proper, to examine into, hear, and finally determine the same.

Allotment of the residue

And be it further enacted, that as to such part or parts of the said waste grounds as shall not in the judgment of the said Commissioners be thought fit and proper to be divided, allotted, and inclosed, or to be held in severalty, they and the said Commissioners shall be and they are hereby authorised and empowered to order and direct that the same, or certain part or parts thereof, shall be ring-fenced or continued open, and be stocked and depastured in common, in such proportions, manner, and times, or used only for the purpose of cutting fuel and turf in such quantities, and at such time or times in each and every year, by such proprietors, under such orders, rules, and regulations, and in such manner, as they the said Commissioners shall think proper; and that such orders and regulations as to any expenses which may be incurred respecting the same, or the equitable enjoyment thereof, and for the participation of any produce growing or to grow thereon, shall be made by the said Commissioners, as they shall think beneficial and proper for the several persons interested therein.

For management of such parts of the waste grounds as shall not be thought fit to be divided and allotted

And be it further enacted, that all such of the said allotments of the said commonable lands and waste grounds so to be made as aforesaid, as the said Commissioners shall deem fit and proper to be inclosed, shall be inclosed and fenced in such manner by the several persons to or for whom the same shall be set out and allotted as aforesaid, and in such shares and proportions, and at or before such time or times, as the said Commissioners shall in their said award, or other instrument in writing, order and direct; and that such fences which shall be so made as aforesaid, shall for ever afterwards be repaired, preserved, and maintained, by such proprietors, in such manner and in such shares and proportions, as the said Commissioners shall so direct as aforesaid.

Fences to be made

And be it further enacted, that if any person or persons shall, after the passing of this Act, cut, dig, pare, or carry away any turves or furze, in, upon, or from the said waste grounds, or any part thereof, without or contrary to the licence of the said Commissioners first had and obtained in writing for that purpose (which licence the said Commissioners are hereby empowered to grant under such rules, orders, regulations, and restrictions, as they shall think proper to insert therein) then and in every such case the said Commissioners, upon due proof made before them on oath (which oath any one of the said Commissioners is hereby authorised to administer) shall and they are hereby required, by warrant under their hands and seals directed to any person or persons whomsoever, to cause any sum not exceeding five pounds, to be levied by distress and sale of the goods and chattels of the person or persons so offending in the premises, rendering the overplus (if any) upon demand, to the person or persons whose goods and chattels shall be so distrained and sold, after deducting the costs and charges attending such distress and sale; and the money so to be levied as aforesaid, shall be applied towards the payment of the costs and charges of obtaining and executing this Act.

No turves &c to be cut without leave of the Commissioners

And be it further enacted, that it shall and may be lawful to and for the said Commissioners, and they are hereby authorised, at any time or times before the execution of the said award, by notice in writing under their hands, to be affixed upon the principal door of the parish church of Christchurch, and chapels of Holdenhurst and Hinton aforesaid, to order and direct all or any part of the rights of common in, over, or upon the said common lands and waste grounds 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 of common as the said Commissioners shall by such writing order or direct to be extinguished, or the exercise there of to be suspended as aforesaid, shall from the time mentioned in such writing on the said church and chapel doors cease, determine, and be extinguished, or the exercise thereof be suspended accordingly; any law, usage, or custom to the contrary thereof notwithstanding.

For extinguishing or suspending rights of common before the Award

And be it further enacted, that from and after the passing of this Act, until the execution of the award of the said Commissioners, all the lands and grounds hereby directed to be divided and allotted, shall be subject and liable to such directions and regulations as the said Commissioners shall from time to time by writing under their hands appoint, as well with regard to the stocking as to the plowing, folding, sowing, and laying down the same; and it shall and may be lawful to and for the said Commissioners to order and direct such sum or sums of money in respect thereof, to be paid by any person or persons interested in the said lands and grounds, his, her, or their tenant or tenants, as they the said Commissioners shall think reasonable.

Course of husbandry over the open fields

And be it further enacted, that all and singular the lands and which shall be so respectively allotted or exchanged by virtue of this Act, shall immediately after such allotments and exchanges are made, be, remain, and enure to and for such and the same tenures, uses, trusts, estates, and purposes, and be held under and subject to such and the same wills, settlements, limitations, powers, remainders, leases (except such leases at rack rent as shall be directed by the Commissioners to be vacated) charges, royalties, customs, heriots, rents, services, and incumbrances, as the several and respective messuages, buildings, lands, tenements, hereditaments, new allotments or old inclosures, in lieu or in respect whereof such allotted lands or exchanged premises shall respectively be made or taken, now or might or would have been subject or affected by in case this Act had not been made.

Allotments to enure the same uses as the land for which they are made

And be it further enacted, that all and every tenant or occupant under any lease or agreement for any term of years, of any of the said lands and grounds within the said parish of Christchurch and parish or chapelry of Holdenhurst, which shall be allotted or exchanged by virtue of this Act, shall (immediately after the signing the award of the said Commissioners, or at such other time as the said Commissioners shall appoint, and whereof at least two months notice in writing shall be given for that purpose) give and resign up the full and peaceable possession of such lands to the person or persons to or with whom the same shall be respectively allotted or exchanged, such respective tenants and occupiers of such allotted or exchanged lands receiving from the said respective owners and proprietors thereof such abatement in rent for the residue of the term mentioned in such lease or agreement, as the said Commissioners shall by writing under their hands ascertain, order, or appoint to be made to such tenant or tenants respectively an amount thereof, as an equivalent for the loss or losses he, she, or they shall respectively sustain thereby;

Tenants to give up allotted or exchanged lands, having satisfaction therefore

or otherwise if the said Commissioners shall think it proper and reasonable for other or any of such tenants or occupiers to hold such allotted lands or exchanged premises during the remainder of such leases or agreements, then such tenants or occupiers thereof respectively such additional rents, and manage the said lands and premises in such manner and submit to such conditions, as the said Commissioners shall, by any writing under their hands for that purpose, order and appoint: PROVIDED ALWAYS that if there shall be any lease of lands, part of which shall be in the said parishes and part in any adjoining parish, all and every such lease or leases upon rack rent now subsisting may be vacated; but where any land shall have been taken in exchange, which land shall be under lease, and situate in an adjoining parish, the lease of such last-mentioned land shall not be vacated.

Or if they hold the allotted lands to pay additional rents for them

And be it further enacted, that once at least in each and every year during the execution of this Act (such year to be computed from the day of the 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 expended, or due to them for their own trouble and expenses in the execution of this Act; and such statement or account when so made, together with the vouchers relating thereto, shall be by them laid before one of his Majesty’s Justices of the Peace for the said county of Southampton, to be by him examined and balanced, and such balance shall be by such justice stated in the book of accounts, to be kept in the office of the clerk of the said Commissioners; 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.

Commissioners to lay their accounts before a Justice once in every year

And be it further enacted, that if any person or persons shall think himself, herself, or themselves aggrieved by any thing done in pursuance of this Act (other than and except such orders and determinations of the said Commissioners as all herein directed to be final or conclusive, and except in such cases wherein an issue at law shall be tried as herein before mentioned), then and in every such case he, she, or they may appeal to the general quarter sessions of the peace, which shall be holden for the said county of Southampton, within four calendar months next after the cause of complaint shall have arisen, on giving to the party or parties concerned, twenty days notice in writing of such appeal, and of the matter thereof; and the Justices (not interested in the premises) in their said general quarter sessions are hereby required to hear and determine the matter of every such appeal, and to make such order, and award such costs and damages, as to them in their discretion shall seem reasonable; and by their order or warrant to levy the costs and damages which shall be so awarded by distress and sale of the goods and chattels of the party or parties liable to pay the same, rendering the overplus (if any) to the owner or owners 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 compulsive 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 frivolous, vexatious, or without foundation, then the said Justices shall award such costs to be paid by the appellant or appellants as to them in their discretion shall seem reasonable, and to be levied in manner aforesaid.

Persons aggrieved may appeal to the Quarter Sessions

Saving Always to the King’s most excellent Majesty, his heirs and successors, and to all and every other person or persons, body or bodies politic, corporate, or collegiate, his, her, and their heirs, successors, executors, and administrators (except the several persons to whom any allotment or allotments or compensation shall be made in pursuance of this Act, for and in respect of such rights and interests as are hereby meant and intended to be barred, destroyed, and extinguished, and all persons respectively claiming under them, or in remainder after them) all such right, title, and interest as they, every, or any of them, shall or ought to have had and enjoyed, in, to, or out of the lands and grounds hereby directed to be divided, allotted, or inclosed, in case this Act had not been made.

General savings

Some clarification of the purpose and effect of this Act is offered by a pamphlet produced in 1897 when a Bill was before Parliament seeking the disposal of the remaining turbary commons. Click here for details.

Stephen Gadd, July 2003