Part 2
2d. THAT such remaining third part shall be possessed and enjoyed IN COMMON by the several persons who are now, or would have been, entitled to Rights of Common over the whole of the said Woods, if such proposed severance had not been made, freed and discharged from all Rights of Soil, and all Forestal and other Rights of His Majesty and his Successors therein, or of those holding any Office or Offices under the Crown, save as aforesaid.
3d. THAT the Commissioners shall be authorized and directed to set out and allot unto and for His Majesty in each and every of the other Parishes or Manors situate within the Forests, over which the Forestal Rights of His Majesty shall be found and ascertained to extend, so much of the open and waste Lands within each and every of such Parishes or Manors, (except the King’s Woods aforesaid) as shall, quantity, quality, and situation considered, be equal to nine thirty-second parts of so much of the Waste Lands in each and every of such Parishes or Manors respectively as are within the Boundaries and Limits of the said Forest, and subject to the Forestal Rights of His Majesty as aforesaid, in satisfaction of such Forestal and other Rights in and over such Parishes respectively.
4th. THAT the Timber and Underwood now growing on such of the Allotments to be made to His Majesty, as are herein last described, shall be cut down and removed by the Parties now entitled to the same within three years after the passing of the Act, or shall be taken with the Allotment, and paid for by the Crown, according to the Valuation of the Commissioners under the Act, at the option of the party so entitled.
5th. THAT all the remainder of the Waste Lands within the said Forest not so alloted to His Majesty, shall remain for the benefit of the several Lords of Manors, Owners of Soil, and other Persons entitled to Rights of Common on the Forest, to be enjoyed IN COMMON as heretofore, according to their respective Rights and Interests therein, freed and discharged from the Jurisdiction of the Forest Court, all Rights of His Majesty, and his Successors, or of those holding any Office or Offices under the Crown.
6th. THAT the Allotments to be made to His Majesty shall be freed and discharged from all Rights of Common, of what nature or kind soever, and shall be in full Compensation and Satisfaction of all Forestal Rights, Claims, and Demands, whatsoever, of His Majesty, or of those holding any Office or Offices under the Crown, over any of the open and inclosed Grounds within the Limits or Perambulations of the Forest.
7th. THAT the Rights of His Majesty and His Officers in and over the Forest, and all Laws and Statutes now in force for protection of Deer, and for punishing Persons guilty of any Offences in breach of such Laws shall remain and continue in full force for the protection of the Deer within the regard of the Forest, and for the punishment of offences therein, until the 5th day of July, 1820.
8th. THAT the Commissioners of His Majesty’s Woods, &c. shall, as soon as conveniently may be, after the passing of the Act, and before the said 5th day of July, 1820, at furthest, cause all the Deer in the said Forest to be destroyed or removed.
9th. THAT from and after the said 5th day of July, 1820, all right of keeping Deer, and all other Forestal rights and Privileges whatsoever, either of His Majesty, or of those holding any Office or Offices under the Crown, within, upon, and over, the said Forest, shall cease, determine, and be for ever extinguished; and the whole of the said Forest shall be thenceforth disafforested to all intents and purposes whatsoever.
10th. THAT from thenceforth all Grants of any Offices, Bailiwicks, Walks, and Lodges, and all Salaries, Gratuities, and Fees, payable or allowed in respect of the same, shall cease or determine: and that the several persons holding, or entitled to such Offices, shall be compensated for the Abolition thereof, by or out of the Allotments to be made to His Majesty, as aforesaid, the quantum and amount of which compensations shall be settled by Referees.
11th. THAT two Commissioners, one to be nominated on the part of His Majesty, and the other on the parts of the Lords of Manors, Owners of Soil, and other persons having rights of Common on the Forest, shall be appointed for carrying the Act into execution, and all requisite Provisions shall be comprised in the Act for the Appointment of Successors to such Commissioners, and for the Nomination of Surveyors, &c.
12th. THAT the Commissioners of His Majesty’s Woods, &c. shall be empowered to sell or exchange all or any of the Allotments so to be made to or for His Majesty, as aforesaid, (except the Allotment of the King’s Woods, as aforesaid).
13th. THAT in the setting out the Allotments of the said Waste Lands for His Majesty, the Commissioners for carrying the Act into execution shall, in each and every Parish, select such Portions as shall least interfere with the general range of Pasturage over the remaining Waste, and shall, as far as may be, have regard to the convenience and accommodation of the inhabitants; and, to that end, where notice shall be given within a time to be limited in the said Act, by any Owner or Occupier of any House or Land within the Forests to the said Commissioners, of his desire to have any Portion of the King’s Allotment of the said Waste set out contiguous to his House, Garden or Pleasure Grounds, with an intent that he may become the Purchaser thereof at a fair Valuation, the said Commissioners shall, if the same can be conveniently done, set out a portion not exceeding five Acres of the Allotment for His Majesty in such Parish, as near and contiguous to the House of the Person giving such Notice as may be, and the same shall be sold to the Person so applying at a Valuation to be made thereof by the Commissioners. Or, if more than one Person shall give notice of their desire to purchase the same Lot, then such Lot shall be divided in portions to be ascertained, with reference to the extent and value of the Property to which it is proposed to be laid, and be offered to the Owners of such Property, in the portions so to be ascertained as aforesaid.
14th. THAT the Expenses of passing the Act shall be borne and paid by the Commissioners of Woods, on behalf of His Majesty, and also one half part of the Expenses of carrying the same into execution, and that the other half part shall he borne and paid by the Lords of Manors, Freeholders, and Parties entitled to Rights over the Waste, and shall be raised by the sale of such an Allotment of their residue of the Waste as shall be deemed sufficient for that purpose.
15th. THAT the Commissioners for carrying the Act into execution shall be required to complete their Award, and all Proceedings under the Act, on or before the 5th day of July, 1820.
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THE END.
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FOOTNOTES.
{17} In allusion to every rood maintaining its man.