1833. The Bailiffs CHESTER against PHILLIPPS duals were owners and proprietors of all the common fields, &c. intended to be inclosed, went on to appoint certain persons commissioners for valuing, dividing, of GODMANsetting out, allotting, and inclosing the said common fields, &c., and to give them authority for putting the provisions of the act in execution. It further empowered and required them to decide any dispute between parties claiming interest in the said division and inclosure, touching the right to the soil in the said commons, &c. The commissioners were to set out, allot, and award to the said bailiffs, &c., and their successors, as lords of the manor, a certain portion of the lands to be divided and inclosed, as a compensation for all their rights and interests as lords in and to the soil of all the waste or unknown common lands within the parish. And whereas there were certain meadows within the parish, containing 500 acres, belonging to several persons, but the lands were intermixed, and were subject to rights of common for commonable cattle at certain seasons, it was enacted that the commissioners. should set out, allot, and award the said meadows to and among the persons who were owners in severalty, in such parcels as should afford them compensation, and also should allot to the persons entitled to common, not being proprietors, such part of the other commonable lands intended to be inclosed, as should be a compensation for their respective rights of common and other interests in the said meadows, and they were authorized to inclose the whole, or part of the said meadows as they should think proper. Then followed these clauses: "But, for the full enjoyment of such part of the said meadows which shall be left uninclosed, the said commissioners 04 1833. The Bailiffs of GODMAN CHESTER against PHILLIPPS. missioners shall and may, and they are hereby authorised and empowered by their award to stint, ascertain, and express what number and sorts of cattle each of the proprietors of commonable messuages and lands in the said meadows shall be at liberty at seasonable times to feed or depasture thereon, and also to ascertain the time or times when such feeding and depasturing shall begin and end; and the same meadows from thenceforth shall be fed and depastured only by such number and sorts of cattle, and at such time or times, as in the award to be made by the said commissioners shall, for that purpose, be expressed. "Provided always, and be it further enacted, that the said commissioners shall set out, allot, and award, as and for a common pasture, to be used, stocked, and enjoyed as hereinafter mentioned, out of and from certain commons in Godmanchester aforesaid, called the East and West Commons, such plot or plots of land or ground as shall, in the judgment of the said commissioners, be a full equivalent, satisfaction, and compensation for the rights of common of all the owners and proprietors of commonable messuages or cottages, for such messuages or cottages only, as well on the said commons as on the said meadows and common fields, within the said parish of G., which said plot or plots of land shall be held, used, stocked, and enjoyed by such owners or proprietors, and their respective tenants and occupiers of the said messuages and cottages only, as a common pasture, in such manner as the said commissioners shall in and by their award direct." The residue of the lands to be divided and inclosed under the act, was to be fairly allotted among the several proprietors and persons having interests therein. By By a subsequent clause it was enacted, "that in case any person or persons interested or claiming to be interested in the said intended division and allotments shall be dissatisfied with any determination of the said commissioners touching any claim or claims, or other rights or interests in, over, or upon the lands and grounds hereby directed to be divided, allotted, and inclosed, or any part thereof, it shall be lawful for the person or persons so dissatisfied to proceed to a trial at law of the matter so determined by the said commissioners, at the then next or at the following assizes to be holden for the said county of Huntingdon;" for which purpose the party so dissatisfied, upon giving notice of action within a month of the determination, should cause an action to be brought upon a feigned issue "against the person or persons in whose favour such determination should have been made," within three calendar months after such determination; and the verdict in such action should be final, binding, and conclusive upon all persons, unless the Court should set aside such verdict and order a new trial. But the determination of the commissioners touching such claims, rights, or interests in, over, or upon the lands directed by the act to be divided, &c. which should not be objected to, or respecting which, if objected to, the party complaining should not prosecute his action in due time, should be final and conclusive upon all parties. Proviso, "that nothing in this act contained shall authorize the said commissioners to determine the title to any messuages, cottages, lands, tenements, or hereditaments whatsoever." The party aggrieved, except in cases where the determination of the commissioners was declared to be final, and except in such cases where an 1833. The Bailiffs of GODMANCHESTER against PHILLIPPS. 1833. The Bailiffs of GODMAN CHESTER against PHILLIPFS. issue at law should be tried as before mentioned, might appeal to the quarter sessions within six calendar months next after the cause of complaint should have arisen, giving eight days' notice to the commissioners and to the parties concerned; and the justices were to determine the matter, and award costs and damages. The act ended with a clause, saving the rights of all persons except those to whom any allotment should be made in pursuance of the act in respect of such rights and interests as were thereby intended to be barred. The fifth plea stated, that before and at the time when, &c. the defendant was, and still is, seised in his demesne as of fee of and in a certain messuage, being one of the commonable messuages referred to in the act set out in the preceding plea; and that before and at the time of making that act the owner and proprietor of the said messuage for the time being had a certain right of common of pasture in, upon, and throughout a certain common, situate within the said parish of G., called the West Common, mentioned in the said act; that the plaintiffs are the successors of the bailiffs, assistants, &c. mentioned in the act; that the commissioners, on the 23d of June 1809, made and executed their award concerning the division and inclosure aforesaid, and did thereby "allot and award common pasture to be used, stocked, and enjoyed by the owners and proprietors of commonable messuages or cottages, and their respective tenants and occupiers of the said messuages and cottages only having right of common upon the said common in G. aforesaid, known by the name of the West Common, the plot of land or ground there mentioned, that is to say; West Common allotment. Unto and for the owners and 1833. The Bailiffs CHESTER against PHILLIPPS. occupiers of commonable messuages or cottages and toftsteads, and their respective tenants or occupiers of the said messuages, and cottages, and toftsteads, having of GODMANright of common upon the West Common in G. aforesaid, one plot of land containing 171 acres," bounded, &c. And the said award gave directions (stated in the plea) as to the time of turning on cattle, and the number and kind to be turned on by the owners and occupiers, according to the list contained in a schedule to the award, &c. The plea then stated, that the plot of ground before mentioned, being the locus in quo, was part of the said West Common; that the defendant's messuage in that plea mentioned was inserted in the said schedule as one of those in respect of which the owner or occupier might use, stock, and enjoy the said plot of ground, being the close in which, &c. as directed by their award; and that by virtue of the act of parliament and of the award, the defendant, being seised and the occupier of the said messuage as aforesaid, at the times when, &c. had, and still of right ought to have, a right of common of pasture in and over the close in which, &c. that is to say, a right to stock the same with two cows on, &c. until, &c. as to the said messuage with the appurtenances belonging: and being so seised, he, on, &c. (within the limited time) entered, &c. to turn on, and did turn on, two cows, being his own cattle, &c. to pasture and use the common, &c. The sixth and seventh pleas did not materially differ from the fifth. The eighth plea stated, as before, that the defendant was seised of a messuage, being one of the commonable messuages in the act mentioned: "and that all those whose estate he now hath, until the making of the award in the fourth plea mentioned, had and enjoyed, and of |