AN ACT

For Inclosing Lands in the Borough and Parish Tewkesbury in the County of Gloucester and for vesting the After or Latter Math of a Meadow called Severn Ham, within the said Borough and Parish, in Trustees for certain Purposes.

WHEREAS there are within the Borough and Parish of Tewkesbury, in the County Gloucester, a certain Open and Common Field called Oldbury Field, and certain Common Mleadows called Oldbury Meadows, Lilly Croft, and Lilly Croft Meadow, and also a large Open and Common Meadow called Severn Ham:

And whereas the Bailiffs, Burgesses, and Cornmonalty of the Borough of Tewkesbury aforesaid are Lords of the Manor and Borough of Tewkesbury aforefaid:

And whereas the KING's Most Excellent MAJESTY, in Right of His Crown, is Patron of the Vicarage of Tewkesbury; and Robert Knight, Clerk, is Vicar of the said Vicarage:

And whereas the said Robert Knight, as Vicar of the said Vicarage, is entitled to certain Pieces or Parcels of Land situate in the said Field called Oldbury Field, containing together about One Acre and three Quarters, which are Part of the Lands and Grounds by this Act directed to be divided, allotted and inclosed:;

And whereas the said Robert Knight is or claims to be in his own right Impropriator of the Great and Small Tythes yearly arising, renewing, and increasing out of and from Part of the said Field called Oldbury Field, and the said Meadows called Oldbury Meadows: and John Dipper, Gentleman, is or claims to be Impropriator of the Great Tythes of Part of the said Meadow called Severn Ham:

And whereas the said: Robert Knight, Henry Fowke, Esquire, The Governors of the Free Grammar School in Tewkesbury, and others, are the Owners and Proprietors of the Lands and Grounds within the said Field called Oldbury Field, and the said Meadows called Oldbury Meadows, Lilly Croft, and Lilly Croft Meadow, or some or one of them; and Thomas Dowdeswell, Esquire, the Right Honourable George Earl of Essex, the Honourable Henry Augustus Berkeley Craven, and others, are the Owners and Proprietors of the Lands within the said Meadow called Severn Ham; and the Properties of the said several Proprietors in such Field and Meadows are very much intermixed and dispersed in small Parcels, and inconveniently situated, and are therefore incapable of much Improvement in their present State:

And whereas an Act was passed in the Forty-first Year of the Reign of His present MAJESTY, intituled, "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 the Burgesses or Freemen of the Borough of Tewkesbury aforesaid, resident within the said Borough, for the Time being, and the Occupiers for the Time being of certain Houses situate within the said Borough, are entitled to a Right of Common for a limited Number of their own Cattle only, in, over, and upon the said Field called Oldbury Field, when the same is not sown with Corn or Grain, in the Meadows called the Oldbury Meadows, Lilly Croft, and Lilly Croft Meadow, from the Fourth Day of September to the second Day of February, both inclusive, and in the said Meadow called Severn Ham, from the Twelfth Day of August to the Thirteenth Day of February in every Year, both inclusive:

And whereas the Rights of Common on the said Field, Meadows, and Lands have become of little Value to the several Persons entitled to Right of Common thereon, and it would be highIy advantageous to all Parties interested therein, if such Rights of Common were altogether extinguished, and the said Field, Meadows and Lands exonerated from Tythes upon a full Cornbination being made for the same; and if such Field, Meadows, were divided and allotted, and if the same (except the said Meadow called Severn Ham ) were inclosed, and if the After or Latter Math of the said Meadow called Severn Ham were vested in Trustees for the several Purposes hereinafter mentioned, but as such Purposes cannot be effected without the 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 Thornas Fulljames, of Hasfield Court, in the Parish of Hasfield in the County of Gloucester, and Thomas Smith, of Cheltenham in the same County, Gentlemen, and their Successors to be elected in Manner hereinafter mentioned, shall be and they are hereby appointed Commissioners for dividing and allotting the said Common Field, Meadows, and Lands, and for inclosing the same (save and except the said Meadow called Severn Ham) and for carrying into execution the several Powers and Authorities given to them by virtue of this Act, and also such of the Powers, Authorities, Directions, Clauses, and Provisions contained in the said recited Act passed in the Forty-first Year of the Reign of His present Majesty as are not varied, altered, or otherwise provided for in and by this Act.

And be it further Enacted, That in case the said Thomas Fulljames and Thomas Smith, or either of them, or any Person or Persons to be nominated and appointed by virtue of this Act a Commissioner or Commissioners in his, their or either of their room or stead, shall die, refuse to act or become incapable of acting in the execution of this and the said recited Act, then and in every such Case the Major Part in Value of the Persons interested in the said Division, Allotment, and inclosure respectvely, who shall be present at a Meeting to be holden for that Purpose within Thirty Days next after any such Death, Refusal, or Incapacity as aforesaid, (of which Meeting at least Ten Days previous Notice shall be given in the Borough of Tewkesbury aforesaid, and inserted in some Newspaper or Newspapers printed and circulated within the said County of Gloucester) shall and may by any Instrument or Instruments in Writing under their Hands, nominate and appoint another Person or Persons (not interested in the said intended Division, Allotment, and Inclosure respectively) to be a Commissioner or Commissioners (as the Case may be) in the room or stead of such Coimmissioner or Commissioners so dying, refusing to act or becoming incapable of acting as aforesaid, and every Commissioner so to be nominated and appointed as aforefaid shall, after taking the Oath prescribed in that Behalf, have the like Power and Authority for carrying this and the said recited Act into execution, and shall be subject and liable to the like Rules, Regulations,and Restrictions as if he had been originally nominated a Commissioner in and by this Act.

Provided always, and be it Enacted, That if either of the said Commissioners hereby appointed shall refusue or neglect to attend at the first Meeting directed to be holden for carrying this and the said recited Act into execution, and duly qualify himself by taking the Oath by the said recited Act prescribed in that Behalf, or if either of the said Commissioners, or their Successors to be appointed as aforefaid, shall at any Time after the said first Meeting wilfully absent himself from any Two following successive Meetings appointed to be holden by virtue of this Act (such Meetings being known to him either by his being present at the Appointment thereof, or Notice thereof in Writing having been given to him or left at his last or usual Place of Abode by the Clerk or Clerks to the said Commissioners, and such Commissioner not being prevented by Sickness or other reasonable Cause to be allowed by the other Commissioner, from attending at such Meetings), or if any Commissioner to be nominated and appointed in manner by this Act directed, shall not attend and qualify himself to act as a Commissoner in the Execution of this and the said recited Act at the first Meeting after his Nomination or Appoint:ment (such Meeting to be appointed by the surviving or remaining Commissioner for carrying this and the said recited Act into execution) or shall thereafter wilfully absent himself from any Two following successive Meetings to be holden by virtue of this Act (such Meetings being known to him either by his being present at the Appointment thereof, or Notice thereof in Writing having been given to him, or left at his last or usual Place of Abode, by the Clerk or Clerks to the said Commissioners, and such Cocmmissioner not being prevented by Sickness or other reasonable Cause to be allowed by the other Cornmissioner, from attending at such Meetings), then and in every such Case such Absence or Non-attendance shall be deemed and taken to he a Refusal to act within the Intent and Meaning of this Act.

AND, for the Purpose of settling and determining any Dispute or Difference that may arise between the said Commissoners, touching or concerning any Matter or Thing to be by them done or executed in pursuance of the said recited Act and this Act:, Be it further Enacted, That it shall and may be lawful to and for the said Commissioners, by any Writing under their Hands, to nominate some Person (not interested in the said Division, Allotment, and Inclosure respectively) as an Umpire; and all Differences and Disputes that may arise between the said Conmissioners, touching or concerning any of the Matters or Things to be by them done or performed in the Execution of the said recited Act and this Act, or either of them, shall be by them referred to the said Umpire; and in case such Umpire so nominated or appointed by the said Commissloners, shall die, refuse, or neglect to act as such Umpire, within the Space of Fourteen Days after Application made to him for that Purpose, or shall become incapable of acting in the execution of this Act, then and in every such case it shall and may be lawful to and for the said Commissioners, to nominate and appoint, by any Writing under their Hands, any other Person (not interested in the said Division, Allotment, and and Inclosure respectively) to be such Umpire; and so from Time to Time, as often as any Person so nominated and appointed an Umpire thall die, refuse, or neglect to act, or become incapable of acting in the Execution of this Act; and if the said Commissioners shall differ or disagree in Opinion as to the Persons so to be appointed an Umpire as aforesaid, or whenever any such Appointment of an Umpire shall be necessary, shall neglect or refuse to appoint the same for the Space of Two Calendar Months, then and in every such Case the major Part in Value of the Persons interested in the said Division, Allotment, and Inclosure respectively, who shall be present at a Meeting to be holden for that Purpose (of which Meeting the like Notice shall be given as is hereinbefore directed in Cases of Meetings for the Appointment of a new Commissioner or Commissioners) shall and may by Writing under their Hands, nominate and appoint some other Person (not interested in the said Division, Allotment, and Inclosure respectively) to be such Umpire as aforesaid; and every such Umpire, so nominated and appointed, is hereby authorized and required to hear and determine all such, Differences and Disputes; and the Judgment and Determination of the said Umpire therein shall be deemed, considered, and taken to be the Determination of the said Commissloners, and shall be final and conclusive upon the said Commissioners, and upon all other Persons concerned in the said Division, Allotment, and Inclosure respectively, so far as the Judgments and Determinations of the said Commissioners are in such and the like Cases by the said recited Act or this Act declared to be final and conclusive.

Provided always, and be it Enacted, That no Person shall be capable of acting as an Umpire in the Execution of this or the said recited Act until he shall have taken and subscribed an Oath in the Form or to the Effect following; (that is to say)

Oath.

" I, A. B. Do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, execute and perform the several Powers and Authorities vested and reposed in me as an Umpire, by virtue of an Act, passed in the Forty-eighth Year of the Reign of King GEORGE the Third, intituled, [here set forth the Title of this Act] according to Equity and good Conscience, and without Favour or Affection, Prejudice or Partiality, to any Person or Persons whomsoever. So help me GOD."

Which Oath the said Commssioners, or either of them are and is hereby authorized and required to administer to the said Umpire; and the several Writings appointing such new Umpire or Umpires shall be added or annexed to, and inrolled and deposited with, the Award of the said Commissioners; and a Copy of the Inrolment thereof shall be admitted as legal Evidence.

And be it further Enacted, That the said Commiissioners shall and they are hereby required to give or cause to be given public Notice in some Newspaper or Newspapers printed or circulated within the said County of Gloucester; and also Notice in Writing signed by them, by affixing or casung to be affixed the same on one of the principal outer Doors of the Paris Church of Tewkesbury aforesaid, on some Sunday immediately before Divine Service, of the Time and Place of their First and every subsequent Meeting for executing the Powers of the said recited Act and this Act, Fourteen Days at least before every such Meeting (Meetings by Adjournment only excepted) and all Meetings of the said commissioners shall be holden within the said Borough of Tewkesbury; and in case both of the said Commissioners shall not attend at the Time and Place appointed for any such Meeting, or to which such Meeting shall be adjourned as aforesaid, then and in every such Case it shall and may be lawful to and for the Commissioner who shall attend, and to and for the Clerk or Clerks to the said Commissioners, in case neither of the said Cornmissioners shall attend, to adjourn such Meeting to any future Day not exceeding Fourteen Days from the Day of such Adjournment, to be holden at the same Place, or at some other Place within the said Borough, as to the Commissioner, Clerk or Clerks, making such Adjournment, shall seem most convenient; and the said Commissioners, Clerk or Clerks making such Adjournment are hereby required to give Notice to the absent Commissioner or Commissioners Ten Days at least before the Day appointed for such meetings.

Provided always, and be it enacted, That all other public Notices necessary or requisite to be given by the said Commissioners, in pursuance of this or the said recited Act, and in the manner of giving which is not hereby particularly directed, shall be given in the newspapers called The Gloucester Journal and Gloucester Herald, or one of them if then published, and if not, then in some other newspaper printed or circulated in the said County of Gloucester.

And be it further Enacted, That all Inclosures or Encroachrnents which at any Time within Twenty Years now last past have been made upon the said Common Field, Meadows, and Lands, shall be deemed Part thereof, and shall be divided and allotted accordingly as Part thereof; and in case any Dispute or Difference shall arise touching any such Inclosure or Encroachments, or the Extent thereof, such Dispute shall be determined by the said Commissioners.

And be it further Enacted, That if any Dispute or Difference shall arise between any of the Persons interested or claiming to be interested in the said Common Field, Meadows, and Lands, or in any Part or Parts thereof, or in the said Division or Allotment, or touching or concerning the respective Rights and Interests which they or any of them shall have or claim to have in, over, and upon the Lands and Grounds to be divided, allotted, and inclosed respectively by virtue of this Act, or touching or concerning any other Matter or Thing relating to the said Division, Allotment, and Inclosure respectively, it shall and may he lawful to and for the said Commissioners, and they are hereby authorized and empowered to examine into, hear, and determine the same: Provided always, that nothing in this Act contained shall authorize or empower the said Commissioners to determine the Title to any Messuages, Lands, Tenements, or Hereditaments whatsoever. And be it further Enacted, That in case the said Commissioners shall, upon the Hearing and Determination of any Claim or Claims, Objection or Objections, to be delivered to them in pursuance of this or the said recited Act, see cause to award any Costs, then and in every such Case 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, assets, 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, 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 every such Case it shail and may be lawful to and for the said Corrmissioners, and they are hereby authorized and required, by Warrant under their Hands directed to any Person or Persons whomsoever, to cause such Costs and Charges to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, so neglectirg or refusing to pay the same, rendering the Overplus (if any) upon 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 Costs and Charges attending such Distress and Sale.

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, Allotment and Inclosure respectively, shall be disatisfied with any Determination of the said Commissioners, or of the said Umpire, touching or concerning any Claim or Claims of the Right to the Soil of the said Common Field, Meadows, and Lands, or of any Rights of Common, or other Rights or Interests, in, over, or upon the said Field, Meadows, and Lands, hereby directed to be divided, allotted, and inclosed respectively, or any Part thereof, then and in every such Case it shall and may be lawful to and for the Person or Persons, Body or Bodies Politic, Corporate or Collegiate, so disiatisfied, to proceed to a Trial at Law of the Matters so determined by the said Commissioners, or by the said Umpire, at the then next or at the following Assizes to be holden for the County of Gloucester; and for that Purpose the Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, who shall be disatisfied with the Determination of the said Commissioners, or of the said Umpire, shall cause an Action or Actions to be brought upon a feigned Issue, against the Person or Persons, Body or Bodies Politic, Corporate or Collegiate, in whose Favour such Determination shall have been made, within Six Calendar Months next after such Determination of the said Commissioners, or of the said Umpire, and the Defendant or Defendants in such Action or Actions shall, and he, she, and they, is and are hereby required to name an Attorney or Attornies, who shall appear thereto or file 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 or Officers 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 evry Person or Persons whomsoever, 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 either Cases; and after such Verdict or Verdicts shall be obtained, and not set aside by the Court, the said Commissioners shall. and they are hereby required to act in conformity thereto, and to allow or disallow the Claim or Claims thereby determined, according to the Event of such new Trial or Trials: Provided always, that in case the Determination of the said Cornmissioners or Umpire, touching any Claim or Claims, or any Rights of Common, or other Interests in, over, or upon the said Field, Meadows, and, Lands hereby directed to be divided, allotted and inclosed respectively, or any Part thereof, shall not be objected to, or being objected to such Action or Actions at Law shall not be brought and proceeded in, within the Time and in the Manner for that Purpose mentioned, such Determination shall be final and conclusive upon all Parties.

Provided always, and be it further Enacted, That no such Difference, Suit, Action, or Proceeding as aforesaid, nor any Difference, Suit, Action, or Proceeding, touching or concerning the Title to any Lands, Tenements, or Hereditarnents, shall impede, delay, or hinder the said Commissioners from proceeding in the Execution of the Powers vested in them by the said recited Act, and this Act; but the said Division, Allotment, and Inclosure respectively shall be proceeded in notwithllanding such Difference, Suit, Action, or Proceeding.

Provided always, and be it further Enacted, That if any Person or Persons in whose Favour any such Determination as aforesaid shall have been made, and against whom any such Action or Actions might have been brought if living, shall die before any such Action or Actions shall have been brought, and before the Expiration of the Time hereinbefore limited for bringing such Action or Actions, it shall be lawful for the Person or Persons, Bodies Politic or Corporate, who might have brought such Action or Actions against the Person or Persons so dying, to bring the same within the Time so limited as aforesaid against such Person or Persons as if actually living, and to serve the Clerk or Clerks to the said Commissioners 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 therein also be incumbent on the Heir or Heirs or other Person or Persons who shall claim the Benefit of such Determination as aforesaid to appear and defend such Action or Actions in the Name or Names of the Person or Persons so dead, and Proceedings shall be had therein in the same Manner as if such Person or Persons had been actually living, and the Rights of all Parties shall be equally bound and concluded by the Event of such Action or Actions.

Provided also, and be it further Enacted, That nothing in this Act contained shall extend to enable the said Commissioners to determine any Right between any Parties contrary to the Possession of any such Parties, except in Case of Encroachments made within the Period of Twenty Years, as hereinbefore mentioned; but in case the said Commissioners shall be of Opinion against the Rights of the Person or Persons so in Possession, they shall forbear to make any Determination thereupon until the Possession shall have been given up or recovered from such Person or Persons by Ejectment or other due course of Law.

And be it further Enacted, That it shall and may be lawful for said Commissioners to set out, appoint, order, and direct all such Arches, Ditches, Fences, Common Drains, and Watercourses, as they shall think useful and necessary to be made in, through, or upon the said Field, Meadows, and Lands hereby intended to be divided, allotted, and inclosed respecttively, and of such Dimensions, with such Materials, and of such Depth and Width, and in such Directions as they shall think proper; and the said Commissioners shall and they are hereby required, in and by their Award, to order, direct, and appoint by whom and at whose Expence, at what Times and in what Manner, the said Arches, Ditches, Fences, Common Drains, and Watercourses shall be made, and thereafter repaired, scoured, cleansed, and maintained.

And be it further Enacted, That no Lease or Leases to be made by virtue of the said recited Act.of the said Land in the said Field called Oldbury Field, or of any Allotment to be made to the said Vicar in lieu thereof, or in right of his Vicarage, shall be good, valid or effectual unless the Consent of the KING's Most Excellent Majesty, His Heirs and Successors, as Patron of the Vicarage of Tewkesbury aforesaid, shall be had and obtained thereto, previous to the execution of such Lease or Leases.

And be it further Enacted, That the several Owners and Proprietors of, and Persons interested in the said Field, Meadows, and Lands to be divided, allotted, inclosed, or exonerated from Tythes respectively, or of any Lands, Tenements, or Hereditaments to be exchanged by virtue of this Act shall pay, bear, and defray such Part and Proportion of the Costs, Charges, and Expences incident to and attending the obtaining and passing of this Act, and of preparing and depositing the said Award, and of the Copies thereof, and of surveying, admeasuring, planning, valuing, draining, dividing, fencing, allotting, and inclosing the said Field, Meadows and Lands to be divided, allotted, and inclosed respectively by virtue thereof, and of all the Charges of the said Commissioners, their Assistants and Servants, and of all the other necessary Expences of the several Persons to be employed by the said Commissioners in and about the said Field, Meadows, Lands, and of all the Expences of forming, completing, and repairing the public Carriage Roads and Highways to be let out and appointed by the said Commissioners, to, over, or upon the said Field, Meadows, and Lands (not hereby otherwise provided for) to such Person and Persons, and at such Time and Times, either before or after the execution of the said Award, as shall be settled, adjusted, determined, and directed by the said Commissioners by any Writing under their Hands, to be affixed on one of the principal outer Doors of the Parish Church of Tewkesbury aforefaid, on some Sunday at least Ten Days before the Time appointed for Payment thereof, and the Determination of the said Commissioners shall be final and conclusive; and if any or either of such Owners or Proprietors, or Persons aforesaid, shall refuse or neglect to pay his, her, or their Share or Proportion, or respective Shares or Proportions of such Charges and Expences, or any Part thereof, within the Time to be limited by the said Comnmissioners for the Payment thereof, to such Person or Persons as they shaIl appoint to receive the same, then and in such, Case the said Commissioners shall and may, and they are hereby authorized, by Warrant under their Hands and Seals directed to any Person of Persons whomsoever, to cause. the same to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons so refusing or neglecting to pay, rendering the Overplus (if any) on Demand, to the Owner or Owners of such Goods and Chattels, after deducting the Costs and Charges of taking and selling such Distress or otherwise it shall be lawful for the said Commissioners, or such other Person or Persons as they shall appoint, to enter into and upon the Messuages, Lands, Tenements, or other Hereditaments of such Person or Persons so refusing or neglecting to pay as aforesaid, and to receive and take the Rents, Issues, and Profits thereof respectively, until thereby or therewith, or otherwise, the Share or Shares, Proportion or Proportions of the said Costs and Charges so to be directed, ordered, or appointed by the said Comrnissioners to be paid by such Person or Persons as aforesaid, and also all the Costs, Charges, and Expences, occasioned by or attending such Entry upon, or Perception of, the Rents and Profits of the same Premises, shall be respectively paid and satisfied: Provided always, that the Proprietors of Lands in the said Meadow called Severn Ham shall not, as such Proprietors, be liable to the Payment of any Part of the Expences of inclosing the said Field called Oldbury Field, and the said Meadows called Oldbury Meadows, Lilly-Croft, and Lilly Croft Meadow, or any or either of them.

And be it further Enacted, That the said Commissloners shall, and they are hereby authorized and required, after setting out the several Roads and Ways in manner directed by the said recited Act, set out, allot, and award unto and for the said Robert Knight, or the Person or Persons being Impropriator of the Great and Small Tythes yearly arising, issuing, renewing, and payable out of and from such Part or Parts of the said Field called Oldbury Field, and of the said Meadows called Oldbury Meadows, as is or are subject and liable to the Payment of Tythes to the said Robert Knight; as such Impropriator as aforesaid, such Plot or Plots (Part of the Land so subject to Tythes as aforesaid, or of other Lands in the same Field and Meadows belonging to the same Proprietors) as in the Judgment of them the said Commissioners (Quantity, Quality, and Situation considered) shall be equal in Value to One-fifth Part of the Arable or Tillage Lands, and One-ninth Part of the Meadow or Pasture Lands so subject to Tythes as aforesaid; and such Allotment or Allotments shall be and be deemed and taken to be, and shall be had and holden by the said Robert Knight, or the Person or Persons being such Impropriator or Impropriators as aforesaid, for and in lieu of and as a Compensation and Satisfaction for all the Great and Small Tythes arising, Issuing, renewing, and payable out of or from such Part or Parts of the said Field called Oldbury Field, and of the said Meadows called Oldbury Meadows, as is or are subject and liable to the Payment of Tythes to the said Robert Knight as such Impropriator as aforesaid.

And be it further Enacted, That the said Commissioners shall in the next place set out, allot, and award unto and for the said John Dipper, or the Person or Persons being Impropriater or Impropriators of the Great Tythes yearly arising, issuing, renewing, and payable out of and from such Part or Parts of the said Meadow called Seven Ham, as is or are subject and liable to the Payment of Great Tythes to the said John Dipper as such Impropriator as aforesaid, such Plot or Plots (Part of the Lands so subject to Tythes as aforefaid, or of other Lands in the same Meadow belonging to the same Proprietors, as in the Judgment of them the said Commissioners (Quantity, Quality, and Situation considered) shall be equal in Value to One-ninth Part of the Lands in the said Meadow called Severn Ham, so subject to Great Tythes as aforesaid; and such Allotment or Allotments shall be and be deemed and taken to be, and Shall be had and holden by the said John Dipper, and the Person or Persons being such Impropriator or Impropriators as aforesaid, for and in lieu of, and as a Compensation and Satisfaction for all the Great Tythes arisng, Issuing, renewing, and payable out of and from such Part or Parts of the said Meadow called Severn Ham, as is or are now subject to the Payment of such Tythes to the said John Dipper, as such Impropriator as aforesaid.

And be it further Enacted, That the Lands and Grounds so set out, allotted, and awarded for and in lieu of and as a Compensation and Satisfaaction for such Great and Small Tythes the same respectively as aforesaid, shall be limited, settled, and assured, to, for, and upon such and the same Estates, Uses, Trusts, Limitations, Intents and Purposes, as such Great and Small Tythes respectively shall Stand limited, settled, and assured, and be subject and liable to at.the Time of making such Allotments respectively.

And be it further Enacted, That the Expences of making and keeping in Repair, for the Space of Seven Years, the Boundary Fences for the inclosing and Ring-fencing the Allotment or Allotments to be set out to the said Robert Knight, or such Impropriator or Impropriators as aforesaid, in lieu of the said Great and Small Tythes arising, issuing, and renewing out of and from such Part or Parts of the said Field called Oldbury Field, and of the said Meadows called Oldbury Meadows, as is or are subject to the Payment of Tythes to the said Robert Knight (except on such Part or Parts as the said Cornmissioners shail order and direct to be fenced by some other Proprietor or Proprietors) shall be deemed and considered as Part of the Expence of Carrying this Act into Execution, and be borne and paid accordingly, by the Persons respectively interested in the said Inclosure.

And be it further Enacted, That the said Commissloners shall and are hereby required, in the next place, to mark and and set out such Part or Parts of the said Field called Oldbury Field, and of the said Meadows called Oldury Meadows, Lilly Croft, and Lillycroft Meadow, as will in the Judgment of the said Commissioners be equal in Value to the Rights of Common in, over., and upon the same, by this Act directed to be extingushed; and the said Commssioners shall and may, and they are hereby authorized and required, to sell (in such Allotment or Allotments as to them shall seem right and proper,) to any Person or Persons for the best Price or Prices that can be gotten for the same, by public Auction or Auctions to be holden for that Purpose (of which Auction or Auctons respectively Six Weeks previous Notice shall be given) such Part or Parts of the Lands and Grounds so marked and set out, as will by the sale thereof, in the judgment of the said Cornmissioners, raise Money sufficient to defray and discharge the Residue and Remainder of the Costs, Charges, and Expences incident to and attending the obtaining and passing of this Act, and putting the several Powers thereof into Execution as aforesaid, which shall not be directed by the said Commissioners to be paid by the Proprietors of the said Field, Meadows, and Lands; and the Peson of Persons so purchasing the same at such public Auctionn, shall immediately pay (by way of Deposit) into the Hands of the said Commissioners, or such Person or Persons as they shall direct and appoint, One-tenth Part of his, her, or their Purchase Money, and pay the Remainder thereof within Six Calendar Months next after the said Sale, or at such other Time as the said Commissioners shall appoint, and in Default thereof the Money so deposited shall be forfeited and shall be applied in carrying this Act into Execution; and the Allotment or Allotments for which the whole of such Purchase Money should not have been so paid, or for which there shall be no Bidding at such Auction shall be again put up for Sale, and sold by public Auction, in Manner aforesaid, for the best Price or Prices that can be gotten for the same; and every Allotment for which the full Purchase Money shall be paid, shall immediately thereupon be absolutely discharged of and from all Common and other Rights thereon or therein, and be vested in Fee Simple in and be inclosed and thenceforth held in Severality by such Purchaser or Purchasers thereof respectively, as his, her, or their private and absolute Property, and shall be allotted accordingly by the said Commissioners and the Purchase Money shall be applied by the said Commissioners in defraying such Proportion of the said Costs,Charges, and Expences, as the said Commissioners shall not, as aforesaid have directed, to be Paid by the Proprietors of the said Field, Meadows, and Lands.

And be it furfher Enacted, That in case such Part or Parts of the said Lands and Grounds hereby directed to be sold as hereinbefore mentioned, shall be sold for more Money than will be required to defray such Proportion of the said Costs, Charges, and Expences, then and in such Case such Surplus Money shall be paid to the Truslees herein appointed, or to their T'reasurer or Treasurers for the Time being, to be by them applied in the same Manner, and for the same Purposes, as the Rents and Profits of the Allotment or Allotments hereinafter directed to be made to them, and as the Rents and Profits of the After or Latter Math of the said Meadow called Severn Ham, are in and by this Act directed to be applied; and in case the Money to be raised by the Sale of the said Lands and Grounds herein directed to be sold shall be insuffcient to defray such Proportion of the said Costs, Charges, and Expences, the Deficiency thereof shall be by the said Trustees paid out of the first Monies to be received by them by virtue of this Act, from the Rents and Profits of the said Allotment or Allotments hereinafter directed to be made to them, or of the After or Latter Math of the laid Meadow called Severn Ham.

And be it further Enacted, That the said Cornmissioners shall then allot and award the Residue and Remainder of such Part or Parts of the said Field called Oldbury Field, and of the said Meadows called Oldbury Meadow, Lilly Croft, and Lilly Croft Meadow, hereby directed to be marked and set out as aforesaid, unto the Trustees by this Act nominated and appointed, or the Survivors of them by the Name and.Style of' "The Trustees for the Burgesses or Freemen, and principal Householders of the Borough of Tewkesbury, in The County of Gloucester, appointed by an Act passed in the Forty-eighth Year of the Reign of King George the Third," and such Land and Ground, so set out and allotted, and also the After or Latte Math of the said Meadow called Severn Ham, shall be and the same are hereby declared to be vested in the said Trustees and their Successors to be appointed by virtue of this Act, for ever freed and discharged of and from all Right, Title, Interest, Claim, and Demand whatsoever which any Person or Persons could or might have in or to the same, or any Part or Parts thereof, upon such Trust nevertheless, and to and for such uses, Intents, and Purposes, as are mentioned, expressed, or declared of and concerning the same in and by this Act.

And be it further Enacted, That it shall and may be lawful to and.for the said Commissioners, and they are hereby authorized and directed, at any Time or Times before the Execution of the said Award by Notice in Writing under their Hands to be affixed upon one of the principal outer Doors of the Parish Church of Tewkesbury aforesaid, to order and direct the Rights of Common in, over, and upon the said Common Field, Meadows, and Lands, or any Part thereof, to be extinguished, or the Exercise thereof to be suspended; and that all such Rights of Common as the said Commissioners 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 said Church Door, respectively cease, determine, and be extinguished, or the Exercise thereof be suspended accordingly; any Law, Usage, or Custom, to the contrary thereof notwithstanding.

And be it further Enacted, That it shall and may be lawful to and for the said Commissioners to set out, allot and award any Lands, Tenements, or Hereditaments whatsoever, within the said Parish of Tewkesbury, in lieu of and in exchange for any other Lands, Tenements, or Hereditaments whatsoever, within the said Parish, or within any adjoining Parish, Hamlet, Township or Place, provided that all such Exchanges be ascertained, specified, and declared in the Award of the said Commissioners, and be made with the Consent of the Owner or Owners, Proprietor or Proprietors of the Lands, Tenements, or Hereditaments which shall be so exchanged, whether such Owner or Owners, Proprietor or Proprietors, shall be a Body or Bodies Politic, Corporate, or Collegiate, or Tenant or Tenants in Fee Simple or for Life, or in Fee Tail General or Special, or by the Courtesy of England, or for Years determinable on any Life or Lives, or with the Consent of the Guardians, Trustees, Feoffees for charitable or other Purposes, Husbands, Committees, or Attornies of or acting for any such Owners or Proprietors as aforesaid, who at the Time of making such Exchange or Exchanges shall he respectively Infants, Femes Covert, Lunatics, are under any other legal Disability, or who shall be beyond the Seas, or otherwise disabled to act for themselves, himself, or herself, such Consent to be testified in Writing under the common Seal of the Body Politic, Corporate, or Collegiate, and under the Hands of the other consenting Parties respectively, and all and every such Exchange and Exchanges so to be made shall be good, valid, and effectual in the Law, to all Intents and Purposes whatsoever: Provided nevertheless, that no Exchange shall be made of any Lands, Tenements, or Hereditaments, held in right of any Church, Chapel, or other Ecclesiastical Benefice, without the Consent (testified as aforesaid) of the Patron thereof, and of the Bishop of the Diocese in which such Lands, Tenements, or Heretiitaments to be exchanged, shall lie and be situated.

And be it further Enacted, That if any Person shall advance and pay any Money in Discharge of the Expences of obtaining and executing this Act, the Money so paid and advanced shall be repaid and satisfied by the Direction of the said Commissioners together with lawful Interest for the same.

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 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 or expended, or due to them, for their own Trouble and Expences in the Execution of this Act; and such Statement or Account when so made, together with the Vouchers thereto, shall be by them laid before one of His Majesty's Justices for the Time being for the said County of Gloucester, 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 or Clerks of the said Commissioners; and no Charge or Item in such Account shall be binding on the Parties concerned, or valid in Law, unless the same shall have been duly allowed by such Justice.

Provided always, and be it further Enacted, That the said Proprietors, their Attornies and Agents, shall pay and defray their own Charges and Expences when they or any of them shall attend the said Commssioners at any of their Meetings to be holden in pursuanceof this Act.

And be it further Enacted, That nothing in this or the said recited Act contained, shall extend or be construed to extend to revoke, make void, alter, or annul any Will or Settlement, or to prejudice any Person or Persons having any Right or Claim of Dower, Jointure, Portion, Debts,or Incumbrances, out of, upon, or affecting any of the Lands or Grounds to be divided, allotted, inclosed, or exchanged, in pursuance of this or the said recited Act, or any Part or Parts thereof respectively, but that the respective Persons to whom any Lands or Hereditaments shal be allotted or given in Exchange by virtue of this Act shall be seised thereof to such and the same Uses, and for such and the same Estates, and subject to such and the same Wills, Jointures, Charges and Incumbrances, and no other, as the Messuages, Buildings, Lands, Grounds, Tenements, and Hereditaments whereof such Person was seised or possessed at or immediately before the Execution of the Award of the said Commissioners, or for which or in respect whereof such Allotments or Exchanges shall be made, could have been subject to, charged with, or affected by, in case this Act not been made.

And be it further Enacted, That the Award to be made by the said Commissioners, when inrolled in Manner directed by the said recited Act, shall be deposited among the Records of the Borough of Tewkesbury aforesaid.

And be it further Enacted, That if any Person or Persons shall think himself, herself, or themselves aggrieved by any thing done by the said Commissioners in pursuance of this or the said recited Act (other than and except such Orders and Determinations of the said Commissioners as are by the said recited Act or this Act directed to be final or conclusive, and except in such Cases where an Issue at Law is hereinbefore directed to be tried), 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 Gloucesier within Four Calendar Months next after the Cause of Comnplaint shall have arisen, on giving to the said Commissioners and the Party or Parties concerned Ten Days Notice in Writing of such.Appeal, and of the Matter thereof and the Justices (not interested in the Premises), at their said General Quarter Sessions are hereby required to hear and determine the Matter of every such Appeal, and to make such Order therein, and award such Costs and Damages as to them in their Discretion shall seem reasonable, and by their Order and Warrant to levy the Costs and Charges 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) on Demand, to the Owner or Owners of sucn Goods and Chattels, after deducting the reasonable Charges of such Warrant, Distress and Sale; and the Determination of the said Justices therein shall be final and conclusive to all Parties concerned, and shall not be removed or removeable by Certiorari, or any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminsler or elsewhere, but in case such Appeal shall appear to the said Justices to be frivolous, vexatious, or without Foundation, then and in such Case 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 be levied in Manner aforesaid.

Saving always to the KING's Most Excellent MAJESTY, and to all and every Person and Persons, and Bodies Politic, Corporate Collegiate, his,her, and their Heirs, Successors, Executors, and Admmistrators, all such Rights, Title, and Interest (other than and except such as is and are hereby meant and in to be barred, destroyed, and extinguished) as they, every, or Any of them had or enjoyed or exercised, or ought to have had or enjoyed or exercised, of, in, to, or out of the Field, Meadows and Lands hereby directed to be divided, allotted, or inclosed, in case this Act had, not been made.

And be it further Enacted, That the Bailiffs, principal Burgesses, High Steward, Recorder, Justices, Town Clerk, Coroner, and Chamberlain of the Borough of Tewkesbury, in the County of Gloucester, and their Successors for the Time being, Christopher Codrington, and Charles Hanbury Tracy Esquires, Jacob Allis, Thomas Andrew, Isaac Butterfield, John Burrows, Charles Banaster Junior, Joseph Buckle, Samuel Barnes, Thomas Caddic, John Clarke, George Dumble, Robert Edwards, William Seale Evans, Thomas Easthope, John Easthope, Henry Hooper Fryer, Moses Goodere, James Gorle, Nathaniel Harland, John Allis Hartland, John Doddridge Humphreys, Benjamin Holland, Thomas Holland, Samuel Healing, William Hughes, Grazier, William Hughes, Hosier, Abraham Harris, John Jenkins, Robert Knight, Clerk, John Kedwards. Omwell John Lloyd, William Lloyd, Thomas Dawson Lewis, William Martin, John Martin, William Moore, Charles Moore, Edward Moore, John Moore, Maltster, Johr Mayo, Thomas Osborne, William Prosser, Cerk, Henry Prior, George Prior, William Procter, Nicholas Player, Daniel Hook, Pargitter, Edward Reddel, John Ricbardson, Thomas Spilsbury, James Spilsbury, John Stephens, Thomas Jelf Sandilands, William Smith, Robert Smith, John Terrett Junior, Isaac Turner, Samuel Turner, William Thomas, Daniel Trotman, Wiliiam Vevers, Andrew Woollams, Henry White, Henry Welling, Thomas Whithorn, Matthew Wright and Thomas Waldron, being qualified as herein directed, and their Successors to be elected as herein directed, shall be and they are hereby declared to be Trustees for carrying into Execution the several Powers and Authorities given and granted to or vested in them by virtue of this Act.

And be it further Enacted, That no Act of the said Trustees shall be or be deemed to be good, valid, or effectual, unless the same be done at some Meeting to be holden in pursuance of this Act (except as may be herein excepted), and that all the Powers and Authorities by this Act granted to the said Trustees shall and may be exercised from Time to Time by the major Part of them who shall attend at any Meeting to be holden in pursuance of this Act (the Number of Trustees present at such Meeting not being less than Five); and all the Orders and Proceedings of the major Part of the said Trustees present at such their several Meetings shall have the same Force and Effect as if the same were made or done by all the said Trustees for the Time being (save and except as may be herein excepted); and at every Meeting of the said Trustees, a Chairman shall and may be appointed; and when and as often as it shall so happen that there shall be an Equality of Votes at any such Meeting upon any Question (including the Vote of the Chairman), then and in every such Case it shall and may be lawful to and for the Chairman to give the decisive or casting Vote.

And be it further Enacted, That when and so often as any Trustee hereby appointed, or who may be appointed in pursuance of this Act, (save and except such several Persons as are herein .appointed by reason or by virtue of their respective Offices) shall die, or desire to be discharged from or decline to act or become incapable of acting in the Execution of the Trusts of this Act, it shall be lawful for the other of the Trustees for the Time being, or any Five or more of them, to elect One other Person (being a Burgess or Freeman, or a principal Householder of the said Borough, and who would have been entitled to Right of Common in, over and upon the said Field, Meadows, and Lands, if this Act had not passed into a Law) to be a Trustee in the room of each Trustee so dying, desiring to be discharged, declining,or becoming incapable of acting as aforesaid; so that Notice in Writing of the Time and Place of Meetirrg for every such EIection shall be affixed upon One of the principal outer Doors of the Parish Church of Tewkesbury aforefaid, at least Fourteen Days before every such Meeting; and every Person who shall be so elected is hereby invested with the same Powers of putting this Act in Execution as the Persons into whose Places they respectively shall be chosen were invested with.

And be it further Enacted, That if it shall happen at any Time after the passing of this Act, that more than Six Months shall be suffered to elapse after the Death, Discharge, or declining to act of any Ten or more of the Trustees appointed or to be appointed in pursuance of this Act, (except such several Persons as are hereinafter appointed by reason or by virtue of their respective Offices) been made without an Election of a sufficient Number of Trustees in the room of such Trustees so dying, being discharged, or declining to act as aforesaid, being made according to the true intent and Meaning of this Act, then and so often it shall and may be lawful to and for the Burgesses or Freemen, and such principal Householders of the said Borough who would respectively have been entitled to Rights of Common in, over, and upon the said Field, Meadows, and Lands hereby directed to be divided, allotted, and inclosed respectively as aforesaid, if this Act had not passed into a Law, or the major Part of them, at a Meeting to be held from Time to Time for that Purpose, to elect and appoint such a Number of Burgesses or Freemen, and principal Householders of the said Borough for the Time being who would respectively have been entitled to Rights of Common as aforesaid if this Act had not passed into a Law, to be Trustees for the Purposes aforesaid as will be sufficient to supply the then Vacancies, and Notice of the Time and Place of the Meeting for every such Election, shall, by the Clerk or Clerks to the said Trustees for the Time being, be given by such Clerk or Clerks at least Thirty Days before such Meeting; and in case such Clerk or Clerks shall neglet or refuse to give such Notice, the same shall and may be given by any Ten or more of the Persons who would respectively have been entitled to Right of Common in, over, and upon the said Field, Meadows, and Lands, if this Act had not passed into a Law; and the Trustees so to be appointed shall and may act in all Respects, and as effectually, and with such and the same Powers and Authorities, as if they had been elected in Manner hereinbefore mentioned.

Provided always, and be it further Enacted, That no Person shall be capable of acting as a Trustee in the Execution of this Act, unless at the Time of his acting therein he shall have or be seised of in his own Right or in the Right of his Wife, and be in the actual Possession, Enjoyment, or Receipt of the Rents and Profits of a Real Estate in Law or Equity of the clear yearly Value of Thirty Pounds above Reprizes, or be possessed of or entitled to a Personal Estate to the Amount or Value of Six Hundred Pounds; and every Person shall, before he acts as a Trustee, take and subscribe the Oath or Affirmation following, before any Two or more of the said Trustees (who are hereby empowered to administer the same) in the Words or to the Effect following; (that is so say)

"I, A B. Do swear, [or, being one of the People called Quakers, do solemnly affirm] That I am truly and bona fide in the actual Possession, Enjoyment, and Receipt of the Rents and Profits of Lands, Tenements, or Hereditaments, of the clear yearly Value of Thirty Pounds above Reprizes, or possessed of a Personal Estate to the Amount or Value of Six Hundred Pounds, and that I will faithfully, honestly, and impartially, according to the best of my Skill and Judgment, execute and perform the several Trusts, Powers, and Authorities vested and reposed in me as a Trustee by virtue of an Act made in the Forty-eighth Year of the Reign of GEORGE the Third, intituled [here irsert the Title of this Act] without Favour or Affection, Malice or Prejudice to any Person or Persons whomsoever. So help me GOD."

And if any Person, not being so qualified, shall act as a Trustee in the Execution of this Act, every such Person shall for every such
Offence forfeit and pay the Sum of Fifty Pounds to any Person or Persons who shall sue for the same in any of His Majesty's Courts of Record at Westminster by Action of Debt or on the Case, or by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager of Law, or more than one Imparlance shall be allowed; and every such Person so sued or prosecuted shall prove that he is qualified as aforesaid, or otherwise shall pay the said Penalty without any other Proof on the Part of the Plaintiff or Prosecutor than that such Person had acted as a Trustee in the Execution of this Act provided nevertheless, that all Acts and Proceedings of any Person or Persons acting as a Trustee or Trustees in the Execution of this Act, though not duly qualified as aforesaid previous to his or their being convcited of the said Offence, shall, notwithstanding such Convcition, be as good, valid and effectual, as if such Person or Persons had been qualified according to the Directions of this Act.

And be it further Enacted, That such of the said Trustees as are may be Justices of the Peace shall and may, in their respective Jurisdictions, and they are hereby empowered to act as Justices of the Peace in the Execution of this Act, notwithstanding their being Truslees, except only in such Cases where they shall be personally interested.

And be it further Enacted, That the said Trustees shall hold their First Meeting at the Town Hall or Tolsey in the said Borough, on the Fourth Monday next after the passing of this Act, between the Hours of Ten in the Forenoon and Two in the Afternoon, and in case none of the said Trustees shall attend at such Meeting, then such Meeting shall be, and be deemed to be adjourned to the next Day (Sunday, Good Friday, Christmas Day, and Fast Days and Thanksgiving Days by Proclamation only excepted, and then to the next following Day) and so, toties quoties, until a suffiicient Number of Trustees shall attend at such Meeting, to act in the Execution of this Act, or until a Trustee or Trustees shall attend so as to adjourn such Meeting; and the said Trustees shall and may at such Meeting, and at their several Meetings to be holden for the Purpose of carrying this Act into Execution, from Time to Time adjourn themselves, and appoint their next Meeting to be holden there, at such Time as to them shall seem proper; and if it shall so happen that there shall not appear at any such Meeting a sufficient Number of Trustees to act in the Execution of this Act the Trustee or Trustees then present, or the Clerk or Clerks to the said Trustees shall from Time to Time, as often as the Case shall happen, adjourn such Meeting to some other Day within One Calendar Month then next following to be holden at the same Place, and the said Clerk or Clerks shall cause Notice thereof to be given by him Seven Days before the Day to which such Meeting shall be so adjourned; and the said Trustees shall at their several Meetings defray their own Expences; and no Person shall be capable of acting as a Trustee in the Execution of any of the Powers hereby granted who is a Victualler, or sells Ale, Wine, Cyder, or Spirituous Liquors by Retail, or who shall hold any Place of Profit under this Act.

And be it further Enacted, That if after any Adjournment of any Meeting as aforesaid, it shall at any Time be thought necessary that a Meeting of the Trustees should be appointed on an earlier Day than the Day to which such Meeting shall have been adjourned, then and in such Case the Clerk or Clerks to the said Trustees (an Order in Writing signed by Five or more of the said Trustees, mentioning the Time, Place, and Purpose of such earlier Meeting, being given to him or them, or left at his or their last or usual Places or respective Places of Abode) shall forthwith give Notice of such earlier Meeting in Manner before directed, and of the Time and Place which shall be mentioned in the Order of the said Trustees, such Time not being less than Seven Days after such Notice; and all the Proceedings of the said Trustees at such earlier Meeting, shall be as good and valid as they would have been in case the said Trustees had met in pursuance of any Adjournment.

And be it further Enacted, That no Order, Appointment, or Proceeding, made at any Meeting of the Trustees holden in Pursuance of this Act, shall be revoked or altered at any subsequent Meeting, unless at a Meeting to be holden for that express Purpose, and at which Nine Trustees at the least shall be present, nor unless specifying the Revocation or Alteration intended to be made be given by their said Clerk or Clerks at Least Ten Days before such subsequent Meeting, nor unless a Majority of Three of the Trustees present at such subsequent Meeting shall decide in Favour of such Revocation or Alteration.

And be it further Enacted, That the said Trustees shall cause to be provided and kept a proper Book or Books, and fair and regular Entries to be made therein of all their Acts, Orders, and Proceedings, relative to the Execution of this Act, and of the Names of all such Trustees as shall be present at their several Meetings; and all Entries in such Book or Books being signed by the Chairman and the Clerk or Clerks then present, or either of them, shall be deemed Originals, and shall be allowed to be read as Evidence in all Cases, Suits, and Actions, touching or concerning any Thing done in pursuance of this Act; and such Book or Books shall at all of the Meetings of the said Trustees be open and liable to the Inspection of all and every of the said Trustees, and of all other Persons having any Right or Interest in the said Meadow called Severn Ham, or who would have been entitled to any Right of Common on the said Field, Meadow and Lands, if this Act had not passed into a Law; and that any of the said Trustees, and all such.other Persons, shail and may have and take Copies thereof, paying for every Copy not exceeding Seventy two Words, the Sum of Sixpence, and so in proportion for any greater or less Number of Words.

And be it further Enacted, That the said Trustees may and they are hereby empowered by Writing under their Hands to appoint, one or more Treasurer or Treasurers, Clerk or Clerks, and also one or more Hayward or Haywards, and such other Officers and Persons, for the Execution of the several Powers and Authorities given and granted to the said Trustees by virtue of this Act, as they the said Trustees shall think fit and proper, and from Time to Time to remove such Treasurer or Treasurers, Clerk or Clerks, Haywards, Offiers, and Persons respectively, as they shall see Occasion; and out of the Monies to be received by them the said Trustees by virtue of this Act, to allow and pay such Salaries, Wages, and Allowances to the said Officers and other Persons as the said Trustees shall think reasonable; and the said Trustees shall and they are hereby required to take such sufficient Security from every such Treasurer or Treasurers, and other Officers, for the due Execution of his or their Office as they shall think proper; and all such Officers to be appointed, shall under their Hands, at such Time or Times and in such Manner as the said Trustees shall direct, and deliver to the said Trustees, or to such Person or Persons they shall keep true and perfect Accounts in Writing of all Matters committed their Charge by virtue of this Act, and how and when the Monies which shall have been by such Officers respectively received by virtue and for the Purposes of this Act, and how much thereof hath been expended and disbursed, and for what Purpose, together with proper Vouchers for such Payments; and shall pay all such Monies as shall remain due from them respectively to the said Trustees, or their Treasurer or Treasurers, or to such Person or Persons as they shall appoint to receive the same; and such Treasurer or Treasurers shall in the Month of March yearly, or at the First Meeting of the said Trustees then next following (although not thereunto required by the said Trustees) lay his or heir Accounts before the said Trustees, in order that the same may be audited, passed, and allowed, if approved of by them.

And be it further Enacted, That whenever, any Action shall be brought by the Order of the said Trustees against any Person or Persons by virtue or in pursuance of this Act, the same may be brought in the Name or Names their Treasurer or Treasurers, or Clerk or Clerks or in the Name of any one of the said Trustees on Behalf of the said Trustees and no such Action shall abate or be discontinued by the Death or Removal of the Person or Persons in whose Name or Names the same shall be brought, nor by the Act of such Person or Persons, without the Consent of the said Trustees, or any Five or more of them, at a Meeting to be hoiden in pursuance of this Act; but no such Treasurer or Treasurers, Clerk or Clerks, or Trustee, or any or either of them, shall be subject to the Payment of any Costs or Expences on Account thereof; but all such Costs and Expences shall be defrayed out of the Money arising by virtue of this Act collected or received by the said Trustees.

And be it further Enacted, That it shall and may be lawful to and for the said Trustees, or any Nine or more of them, at any of their Meetings to be holden in pursuance of this Act, and they are hereby empowered to let and set annually the said Allotment or Allotments, and also the After or Latter Math of the said Meadow called Severn Ham, so respectively allotted and awarded to and vested in them as aforesaid or any Part or Parts thereof, to any Person or Persons whomsoever, at the best and most improved yearly Rent or Rents that can be reasonably had or obtained for the same and also to let and set the After or Latter Math of the said Meadow called Severn Ham in Pastures for Horses, Cattle and Sheep, to different Persons, at such Rates, and subject to such Rules and Regulations, as they the said Trustees or any Nine or more of them shall (subject to the Restrictions in this Act contained) from Time to time appoint, or by Writing under their Hands and Seals, to lease or demise the said Allotment or Allotments, or any Part or Parts thereof, and also the After or Latter Math of the said Meadow called Severn Ham (subject to such Restrictions as aforesaid) to any Person or Persons whomsoever, for any Term or Number of Years not exceeding Twenty-one Years at any one Time, to commence in Possession and not in Reversion, or by way of future Interest, so that in every such Lease there be reserved and made payable to the said Trustees for the Time being, their T'reasurer or Treasurers, by Four equal Quarterly Payments in every Year, the best and most improved yearly Rent or Rents that can be reasonably had and obtained for the same respectively, without taking any Fine, Premium, or Foregift, in consideration of granting such Lease or Leases, and so that in every such Lease or Leases there be contained the usual Covenants and Stipulations between Lessors and Lessees, and such other Covenants and Stipulations, and such Security for the Performance of the same, as the said Trustees, or any Nine or more of them, at any of their Meetings to be holden in pursuance of this Act, shall think most proper to be inserted therein; and the Rents and Profits, arising from the said Allotmments, and from the After or Latter Math of the said Meadow called Severn Ham, shall from Time to Time be applied and disposed of in Manner by this Act directed.

Provided always, and be it further Enacted, That it shall not be lawful for the said Trustees, their Tenant or Tenants, Lessee or Lessees, to stock or depasture at any Time or Times whatsoever, on the said Meadow called Severn Ham, any Horses of His Majesty's Regiments of Dragoons, or any Bulls or Pigs; and that from the Tenth Day of October to the Twentieth Day of November in every Year, it shall not be lawful for the said Trustees, their Tenant or Tenants, Lessee or Lessees, to stock or depasture any Horses or Neat Cattle on the said Meadow called Severn Ham, unless there shall at the same Time be stocked or depastured thereon Three Sheep at the least for every Acre of which the said Meadow called.Severn Ham consists; and that from the Twentieth Day of November to the thirteenth Day of February in every Year, it shall not be lawful for the said Trustees, their Tenant or Tenants, Lessee or Lessees to stock or depasture any Horses or Neat Cattle whatsoever on such Meadow but that the same shall annually, during the said last mentioned Period be stocked or depastured with Sheep exclusively.

Provided also, That nothing nothing In this Act contained shall extend or be construed to extend to authorize or empower the Owner or Owners, Proprietor or Proprietors of the Lands in the said Meadow called Severn Ham, their Tenant or Tenants, Lessee or Lessees respectively, to stock or depasture any Horses, Cattle, or Sheep. whatsoever on such Meadow or any Part thereof, between Hay Harvest and the Day on which the same would have become subject to Common if this Act had not passed into a Law, but that from the Time the Grass to grow thereon shall be annually mowed or cut, the said Meadow shall, as heretofore, remain unflocked until the Time the same would have become subject to Common as aforesaid; nor to authorize or empower the Owner or Owners, Proprietor or Proprietors, of the Lands in the said Meadow called Severn Ham, their Tenant or Tenants, Lessee or Lessees respectively, to mow or cut the Grass or Herbage annually to grow thereon after the Twelfth Day of July in any Year after the passing of this Act, if the same shall have been eaten off, or grazed by the Horses, Cattle, or Sheep, of such Owner or Owners, Proprietor or Proprietors, or of their Tenant or Tenants, Lessee or Lessees respectively, in the preceding Part of the same Year, but that the Grass and Herbage to grow upon such Part or Parts of the said Meadow, which shall have been so eaten off or grazed as aforesaid, shall from and after the said Twelfth Day of July in every such Year, be vested in the Trustees by this Act appointed, their Tenant or Tenants, Lessee or Lessees respectively, and be sold, applied, and disposed of by them in the same Manner, and to and for the same Intents and Purposes, as the Rents and Profits of the said Allotment or Allotments, and the After or Latter Math of the said Meadow called Severn Ham is and are hereby directed to be sold, applied, and disposed of .

And be it further Enacted, That the said Trustees shall and they are hereby authorized and required, after Payment of all Costs, Charges, and Expences incident to and attending the Execution of the several Powers to be by them exercised by virtue of this Act in the Month April in every Year, to pay and divide the Annual Rents and Profits of the said Allotment or Allotments, and of the After or Latter Math of the said Meadow called Severn Ham and also of all other Monies to be received by them under the Authority of this Act, unto and between such Burgesses or Freemen of the Borough of Tewkesbury aforesaid, and such Occupiers of Houses within the said Borough as would respectively have been entitled to Rights of Common in, over, and upon the said Field, Meadows, and Lands, if this Act had not passed ino a Law, according to their respective nights and Interests

And be it further Enacted, That the said Trustees shall at their Meeting to be held in each Year for the Payment and Division of the Money by this Act directed to be paid and divided, cause an Account to be stated and made up in as full, clear, and distinct a Manner as may be, of all Sums of Money by them or their Treasurer or Treasurers received the preceding Year, and how the same have been paid, laid out, and expended, which Account shall be printed and distributed amongst the Inhabitants of the said Borough.

And be it further Enacted, That this Act shall be printed by the Printer to the KING'S Most Excellent Majesty, and a Copy thereof so printed shall be admitted as Evidence thereof by all Judges, Justices, and others.