declaration, and cause to be produced before them or him, upon declaration, all court-rolls and all rate-books, instruments of tithe apportionment and other public writings, maps, plans and surveys of or belonging to any parish, or copies thereof respectively in anywise 5 relating to any such matter: Provided always, That no such person shall be required, in obedience to any such summons, to travel more than Ten Miles from the place of his abode, or to attend in obedience to any such summons, unless the reasonable charges of his attendance shall have been paid or tendered to him. 10 15 And be it Enacted, That the Commissioners may delegate to the Assistant Commissioners, or to any One or more of them, such of the powers hereby given to the Commissioners as the Commissioners shall think fit (except the power to confirm awards, or to do any act herein required to be done under the seal of the Commissioners), and the power so delegated shall be exercised under such regulations as the Commissioners shall direct; and the Commissioners may at any time recall or alter all or any of the powers delegated as aforesaid, and, notwithstanding the delegation thereof, may act as if no such delegation had been made; and all acts done by 20 any such Assistant Commissioner in pursuance of such delegated power shall be obeyed by all persons as if they had proceeded from the Commissioners, and the non-observance thereof shall be punishable in like manner. And be it Enacted, That all such Lands as are hereinafter men25 tioned; (that is to say) all Moors, Commons and Waste Lands, all Lands subject to rights of Common at all times, or during any time or season, or periodically, all open and common Arabie Fields, all open and common Meadow or Pasture Lands and Fields, all gated and stinted Pastures in which the property of the soil or of some 30 part thereof is in the owners of the cattle-gates and other gates or stints, or any of them, and also all gated and stinted Pastures in which no part of the property of the soil is in the owners of the cattlegates or other gates or stints, or any of them, all Land held, occupied or used in common, either at all times, or during any time or season, 35 or periodically, and either for all purposes or for any limited purpose, and whether the separate parcels of the several owners of the soil shall or shall not be known by metes or bounds or otherwise distinguishable; all Land in which the property or right of or to the vesture or herbage or any part thereof during the whole or any part of the year is separated from the property of the soil; and all lot Meadows and other Lands, the occupation or enjoyment of the separate lots or parcels of which is subject to interchange among the respective owners in any known course of rotation or otherwise, shall be Land subject to be inclosed under this Act. 40 12. Wastes of Manors and to indefinite common rights at all times not to be inclosed without pre Provided always, and be it Enacted, That no Waste Land of any Lands subject Manor on which the tenants of such manor have rights of common, nor any Land whatsoever subject to rights of common which may be exercised at all times of the year for cattle levant and couchant upon other Land, or to any rights of common which may be exercised at all viousdirection times of the year, and which shall not be limited by number or stints, shall be inclosed under this Act without the previous direction of Parliament in each particular case; and no Royal Forest, nor any part thereof, shall be deemed Land subject to be inclosed under this Act. of Parliament. 13. Land within certain distances of large towns not to be inclosed without the previous direction of Parliament. 14. Village greens not to be closed, but provision may be made for preserving the surface and fixing boundaries. 5 10 Provided also, and be it Enacted, That no Land situate within Ten Miles of the city of London or within Two Miles of any city or town of Ten thousand inhabitants, or within Two Miles and a Half of any city or town of Twenty thousand inhabitants, or within Three Miles of any city or town of Thirty thousand inhabitants, or within Three 15 Miles and a Half of any city or town of Seventy thousand inhabitants, or within Four Miles of any city or town of One hundred thousand inhabitants, shall be subject to be inclosed under the provisions of this Act, without the previous direction of Parliament in each particular case, upon such report of the Commissioners as herein provided, 20 and in all such cases the number of inhabitants shall be ascertained by the then last Parliamentary Census thereof, and that the distance shall be measured in a direct line from the town-hall, if there shall be any town-hall, or if there shall be no town-hall, then from the cathedral or church if there shall be only one church, or if there shall be more 25 churches than one, then from the principal market-place of any such city or town. And be it Enacted, That no town green or village green shall be subject to be inclosed under this Act, provided that in every case in which an inclosure of Lands in the parish in which such town green or 30 village green may be situate shall be made under the authority of this Act, it shall be lawful for the Commissioners, instead of requiring that other Land be allotted for the purposes of exercise and recreation under the provisions contained, to direct that such town green or village green be allotted to the Churchwardens and Overseers of the 35 Poor of such parish, in trust to allow the same to be used for the purposes of exercise and recreation, and the same shall be allotted and awarded accordingly, in like manner and with the like provisions for making or maintaining the fences thereof, and preserving the surface thereof, and draining and levelling the same where occasion shall require as hereinafter directed, concerning the allotments to be made for the purpose of exercise and recreation; and in every case in which such town green or village green shall adjoin Land subject to be inclosed under this Act, and shall not be separated from such Land 40 by 5 by fences or known bounds, the Commissioners shall in the provisional order concerning such Inclosure set out a boundary line between such green and the adjoining Land, and shall in their annual general report mention and describe such boundary. And be it Enacted, That for the purposes of this Act, the persons interested in Land subject to be inclosed under this Act, or otherwise subject or to become subject to the provisions of this Act, shall be deemed to be the persons hereinafter mentioned, and no others; (that is to say) the persons who shall be in the actual possession or enjoyment 10 or receipt of the rents and profits of any such Land or any part thereof, or any Common or common right thereon, or any Manor of which such Land or any part thereof shall be waste, (except any tenant for life or lives or for years holding under a lease or agreement for a lease on which a rent of not less than Two-thirds of the clear yearly 15 value of the premises comprised therein shall have been reserved, and except any tenant for years whatsoever holding under a lease or agreement for a lease for a term which shall not have exceeded Fourteen Years from the commencement thereof, and except any tenant from year to year at will or sufferance,) and that without regard to 20 the real amount of interest of such persons; and in every case in which any such Land, Common or common right or Manor shall have been leased or agreed to be leased to any person or persons for life or lives or for years by any lease or agreement for a lease on which a rent of not less than Two-thirds of the clear yearly value of the 25 premises comprised therein shall have been reserved; and in every case in which any such Land, Common or common right or Manor shall be in the possession of a tenant from year to year at will or sufferance, or shall have been leased or agreed to be leased for a term which shall not have exceeded Fourteen Years from the commencement thereof, 30 the person who shall for the time being be entitled to the said Land, Common or common right or Manor in reversion immediately expectant on the terin created or agreed to be created by such lease or agreement for a lease respectively, or subject to the tenancy from year to year at will or sufferance, shall be deemed for the purposes of this Act to 35 be the person interested as aforesaid in respect of such Land, Common or common right or Manor; and in every case in which any such Land, Common or common right or Manor as aforesaid shall have been leased or agreed to be leased to any person for life or lives or for years by any lease or agreement for a lease, in which a rent less than 40 Two-thirds of the clear yearly value of the premises comprised therein shall have been reserved, and of which the term shall have exceeded Fourteen Years from the commencement thereof, the person who shall for the time being be in the actual receipt of the rent reserved upon such lease or agreement for a lease, shall, jointly, with the person who shall be liable to the payment of such rent of such Land, Common or 15. Persons interested in Lands for purposes of applications, &c. 16. Where the Crown is interested, who shall be substituted. 17. Where Duke of Cornwall is interested, who shall be substituted. 18. Provision for persons jointly interested. 19. In case of disability Commissioners to name substitutes. 5 common right or Manor be deemed, for the purposes of this Act, to And be it Enacted, That whenever Her Majesty shall be interested in Land as aforesaid, the First Commissioner of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings for the time 15 being, or in case Her Majesty shall be so interested in right of the Duchy of Lancaster, the Chancellor of the Duchy of Lancaster shall for the purposes of this Act, and to the extent of such respective interest, be substituted for the person interested as aforesaid. And be it Enacted, That whenever the Duke of Cornwall shall be 20 interested in Land as aforesaid, the Chancellor of the Duchy of Cornwall shall for the purposes of this Act, and to the extent of such interest, be substituted instead of the person interested as aforesaid. And be it Enacted, That whenever an interest in Land, according to the provisions of this Act, shall be vested in several persons as 25 co-trustees or in joint tenancy, such persons shall for the purposes of this Act be considered as jointly interested and entitled to one vote only in respect of their joint interest, but any One or more of such persons may, unless the other or others of them shall dissent therefrom, act or vote under this Act, and the majority in number of any 30 such persons may, notwithstanding any dissent of the minority, act or vote under this Act in the same manner as if all such persons had concurred; and whenever several persons as tenants in coparcenary or in common shall be so interested, each coparcener or tenant in common shall for the purposes of this Act, and to the extent of the 35 value of his respective undivided share, be deemed separately interested and entitled to vote as if he were tenant in severalty. And be it Enacted, That whenever any person interested in Land as aforesaid shall be an infant, lunatic, idiot, feme covert, or under any other legal disability, or beyond the seas, the guardian, trustee, committee of the estate, husband or attorney respectively, or in default thereof such person as may be nominated for that purpose by the Commissioners, 40 5 Commissioners, and whom they are hereby empowered to nominate under their hands and seal, shall for the purposes of this Act be substituted in the place of such person so interested be And be it Enacted, That it shall be lawful for any person interested in any Land subject to be inciosed under this Act, or otherwise subject or to become subject to the provisions of this Act, by a Power of Attorney, given in writing under his hand, to appoint an agent to act for him for the purposes of this Act; and all things which by this Act are directed to be done by or with relation to any such person may 10 lawfully done by or with relation to the agent so duly authorized of such person; and such agent every shall have full power, in the name and on behalf of his principal, to sign, concur in and execute any application, or act, to signify consent or dissent, and to vote on any question arising out of the execution of this Act; and every person 15 shall be bound by the acts of any such agent, according to the authority committed to him, as fully as if the principal of such agent had so acted; and the Power of Attorney under which the agent shall have acted, or a copy thereof, authenticated by the signature of a witness. or witnesses, shall be deposited in the office of the Commissioners; and any such Power of Attorney may be in the form following: 20 35 interests, how esti mated. Provided always, and be it Enacted, That the proportional value of Proportional the respective interests of the several persons interested in any Land subject to be inclosed under this Act, or otherwise subject or to become subject to the provisions of this Act, shall, so far as relates 30 to the power to sign any application, or to give any notice or consent, or to vote at any meeting under this Act, be estimated as hereinafter mentioned; (that is to say) where their interests shall be in respect of Land or other rateable property, then according to the proportional sums at which such Land or rateable property shall be rated to the relief of the poor; and when their interests shall be in respect of rights of Common enjoyed or claimed in respect of any Land, then according to the proportional sum at which the Land in respect of which they enjoy or claim such rights of Common shall be rated to the relief of the poor; but in case such interests shall be in 40 respect of rights of Common in gross not rated to the relief of the poor, or in case from any other cause it shall appear to the Commissioners, or to the Assistant Commissioner presiding at any meeting, held for the purposes of this Act, impracticable or inequitable to estimate such proportional value in manner aforesaid, it shall be lawful for the Commissioners or such Assistant Commissioner to direct in what |