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Award by a Commissioner under an lnclosure Act.
Road to be set out.
To make an award in writing.
NoticcR given by a rommissioner.
powered and required to set out and apart such private roads bridleways footways ditches drains water-courses watering places quarries bridges gates, &c. in over upon and through or by the sides of the allotments to be made and set out in pursuance of such Act as he shd think requisite giving such notice and subject to such examination as in the same Acts is required And that the same shd for ever thraftr be supported and kept in repair by and at the expe of the owners and proprietors for the time being of the lds and grds directed to be divided and inclosed in such shares and proportions as the commr or commrs shd in and by his or their award order and direct And whas by the sd General Inclosure Act It is amongst or. things furr enacted That as soon as convenient might be after the division and allotment of the sd lds and grds shd be finished pursuant to the purport and dirons thof or of any such Act the sd commr or commrs shd form draw up or cause to be formed and drawn up an award in writing which shd express the quantity of acres and roods contd in the sd lds and grds and the quantity of each and evy pt thof which shd be allotted assd and exchanged and the situations and descriptions of the same resply and shd also contain a description of the roads ways footpaths watercourses, occ. set out and apptd by the sd commr or commrs resply as afd and all such or. rules orders agrts regulations dirons and determinations as the sd commr or commrs shd think necessy proper or beneficial to the pties which sd award shd be fairly engrossed or written on parchment and shd be read and exted by the sd commr or commrs in the presence of the proprietors who might be present at a general special meeting called for that purpe conformably to such notice as therein is prescribed And also that he or they the sd commr or commrs if he or ihey shd think it necessy shd form or draw or cause to be formed or drawn on parchment or vellum such maps or plans of the Ids or grds the better to describe the sevl new allotments or divisions and preses that shd be exchanged and express the same quantity in each allotment to the respive proprietors which sd maps and plans shd be annexed to or enrolled with the sd award And whas I the sd (commissioner) named in the first herein recited Act did cause due notices to be given of the time and place of my first and evy or. meeting for the exon of the sd Acts but before I entered upon the exon of any of the powers and authties given to and invested in me in and by the sd in pt recited Acts of Parlt (except as befe mentd) 1 did on the day of in the year of at in the sd
county take and subscribe before one of his Award by Maj.'s Justices of the Peace acting in the sd county the a Coinoath by the sd Gen. Incl. Act directed and hereunto an- missioner nexed And whas I the sd (C) at my first and subse- under an quent meetings in pursuance and exercise of the power Inclosure and authty given to and vested in me by the sd recited Act. Acts and each of them did rece the claims of the proprietors and or. psns interested in the sd common fields commonable lds commons and waste grds by the sd first herein recited Act directed to be enclosed and such rights or claims as were objected to I did examine into hear and determine the same And I the sd (C) having appointed actual surveys and admeasurements of all the open fields commonable lds comirrons and waste grds the value and quantity of which it was necessy to ascertain for the purpe of the same Acts or either of them and of the maps and plans resply made drawn and verified by the sd (surveyor) and subscribed before me and hereunto also annexed accordg to the dirons as in the sd Acts contd And being now well satisfied as to the sevl and respive limits and boundaries of all the sd open common fields commonable lds commons and waste grds so far as the same were necessy to be ascertained for the purps of the sd Acts and having examined into all encroachments (except as in the first herein recited Act is excepted) and inclosures suggested to me to have been taken or made from any pt of the sd lds or grds thby directed to be divided and inclosed And having heard and examined the proofs and allegations concerning the same and having duly considered the quantity and quality and situation of all the sd open fields commonable lds commons and waste grds And also the rights shares and ints of the sd sevl proprietors and or. psns interested therein respecting which he she or they was or were entitled And having also considered the sales and exchanges of the lds tents and heredts hnbefe mentd and intended to be hby effectuated with the consent and approbation in writing of the sevl and respive pties making the same And having duly and well considered as well all the public carriage roads and highways private roads bridleways footways ditches drains watercourses watering places quarries hedges gates stiles mounds fences banks bounds and boundaries and landmarks which I have judged necessy and requisite to be set out and appointed in over upon and through the sd open common fields commonable lds commons nnd waste grounds directed to be inclosed as afd as also all and evy or. the matters circumstances and things referred to my award arbitration judgment
Award by and determination in and by the sd in pt recited Acts a Cont' of Parlt or either of them Now Know ye That I the missioner sd (C) on the day of the date of these prests in purinider an suance of and by virtue and in exercise of the sevl Inclosure powers and authties to me given and in me vested in Act. and by the same Acts of Parlt or either of them and of
Award. a" nnd evv or . power and authty in any wise enabling me in this behalf make publish and declare this my final award order and arbitrament and determination touching the preses in manner and form following that is to say That the sd open fields commonable lds and waste grds by the first in pt recited Act directed to be set out divided and allotted by me as afd do contain in the whole in statute measure accordg to the sd survey delivered by the sd (surveyor) upon oath as afd (including the carriage roads highways bridleways footways and private roads hnaftr described) acres, &c. And I the sd (C) have set out and apptd and do hby award the followg public carriage roads highway and foot roads and private roads which I have adjudged and do hby adjudge necessy to be hraftr resply reserved in over and through the sd lds directed to be inclosed as afd and of which public notice hath been given subject to appeal and examination in manner required by the sd Gen. Incl. Act that is to say (here describe the several roads drains, &c. and by whom they are to be maintained and kept up and repaired) And I the sd (C) in pursuance of and in furr exon of the powers and authties so vested in me by the sd in pt recited Acts as afd have set out divided allotted and do set out, &c. All the residue of the sd open fields commonable lds commons and waste grds into and amongst the respive psns hnaftr named their sevl and respive hrs in sevlty in the sevl and respive allotments pees and pels of lds marked and corresponding with certain numbers in Roman characters on the sd plans hereunto annexed and containing by the survey and admeasurement thof by the sd surveyor as afd in statute measure the sevl and respive quantities following be the same more or less and also sevlly and resply abutted and bounded in the manner Allotments hnaftr described that is to say I have assigned set out to proprie- antI all0tted and do hby award unto the sd (Lord of the Manor) Lord of the Manor of, &c. (here describe the manorial allotments) And 1 have assigned, &c. unto the sd (Rector) rector of the sd parish, &c. (here describe the tithe allotments) And lastly I have set out divided and allotted and do, &c. all the residue of, &c. to and amongst the sevl proprietors, &c. in manner following (here describe the several allotments to. the
owners) And whas the following exchange of lds tents Award by
§ 1. By the 1 and 2 W. IV. c. 56, s. 12, it is provided, that in lien of a commission of bankruptcy, under the Great Seal. us by the old law, a fmt shall issue under the hand of the Lord Chancellor, or the Master of the Rolls, Vice-Chancellor, or any of the Masters of the Court of Chancery (acting under any appointment of the Lord Chancellor for that purpose) authorizing a creditor, who has complied with the requisitions of the Act, to prosecute it before such discreet and proper persons as the Lord Chancellor or the Master of the Rolls, &c. may think fit to appoint. Upon this fiat being filed and entered of record in the Court of Bankruptcy, any one or more of the commissioners may, by s. 13, proceed thereon in all respects as commissioners executing a commission of bankrupt, except as altered by this Act.
2. By the 6 G. IV. c. l6, s. 63, the commissioners were empowered to assign the bankrupt's personal estate, and to convey his real estate to the assignees; but by the 1 and 2 W. IV. c. 56, s. 25, it is provided, that all such personal and real cstatc as was formerly required to he assigned and conveyed by the commissioners to the assignees, shall vest in the assignees by their appointT3
s mcnt as folly to all intents and purposes as if snch estate were assigned by deed. And in case of the death or removal of any assignee, the same shall vest in the new assignee, without any deed of assignment or conveyance: where the 6 G. IV. c. 16, requires the conveyance to the assignees to be registered or enrolled, the certificates of the appointment of the assignees is required, by s. 26 of the 1 and 2 W. IV. to be enrolled.
3. By the 6 G. IV. c. 16, s. 65, re-enacting the 21 Jac. I. c. 19, the commissioners were authorized to dispose of the Bankrupt's estate tail. in possession, reversion, or remainder. and such deed was to be good against all persons whom a fine or recovery or any other means might cut off or debar from any remainder, reversion, or other estate; but by the 3 and 4 W. IV. c. 74, s. 56, 7, 8, the commissioner is enabled, by any disposition of the bankrupt's lands for the benefit of the creditors, to create such an estate only as the actual tenant in tail might have done if he bad not become bankrupt, i. e. subject to the consent or otherwise of the protector, if there be any. See Fines and Recoveries, and 3 and 4 W. IV. c. 74, Appendix.
Conveyance 4. By s. 68 of 6 G. IV. c. 16, commissioners are empowered of copy- to convey copyhold estates immediately to a purchaser, whereby holds. the tine for tbe admission of the assignees is saved; and by s. 69
it is enacted, that if a vendee offer a competent fine to the lord, and tbe lord refuses, and will not admit him, he may enter. By the 3 and 4 W. IV. c. 74, the disposition, by the commissioner, of the copyholds of the bankrupt, where his estate is not equitable, is to have the same operation as a surrender, and the person to whom the disposition is made may claim to be admitted, upon paying the lines and dues.
5. Every deed of conveyance of freeholds by commissioners is, by the 3 and 4 W. IV. c. 74, s. 59, to be enrolled in his Maj. High Court of Chancery, within six calendar months after the execution thereof. And every deed of conveyance of copyholds must be entered within the same period on the court rolls of the manor of which they are parcel; and the consent of the protector, if there be any, must also in like manner be enrolled or entered. Official as- 6. Instead of the provisional assignees, which the 6 G. IV. emsignees. powers the commissioners to appoint, it is enacted, by s. 22 of the 1 and 2 W. IV., that official assignees shall be appointed bythe Lord Chancellor, and that in London bankruptcies, each bankrupt's estate and effects shall vest in an official assignee, who, until tbe assignees are chosen, shall be deemed to be sole assignee. In country bankruptcies, the commissioners are still empowered to Provisional appoint provisional assignees, and to assign the bankrupt's estate assignees. and effects to them, according to the old law. Eden. B. L. 78.
Stewart's Law and Pract. of the Court of Bankruptcy, 48. But provisional assignments ought not to be executed, unless where an extent is apprehended, or it is intended to carry on the trade. If executed without necessity, costs will not be allowed, Ex parte Af Williams, 1 Madd. 141. As to the conveyance by the commissioner or I he assignees to a purchaser, see Precedents, and Observations thereon.
(a) Affidavit of Debt for obtaining a Fiat.
Obs. In a town bankruptcy, sworn before a Master in Chancery; in the country, before a Master Extraordinary.
(a) See Eden. B. L. Append. 112. Stewart, Law and Pract. of tbe Court of Bankruptcy.