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the said act of the 41 G. 3. (c. 109.), as were not controlled by, or repugnant to, or otherwise provided for, by any of the clauses or provisions contained in the first mentioned act.

After setting out a clause providing for the giving of certain notices by the commissioners, the plea proceeded: - and that the said commissioners should set out, allot, and award unto and for the said W. P. Powlett, his heirs, or assigns, (over and above, and exclusive of such shares and allotments of and in the said moor or common as should in pursuance of that act be allotted to him or them, in lieu of his and their rights of common), one full eighteenth part, in value, of the said moor or common and waste lands, thereby directed to be divided, in full compensation and satisfaction of and for his and their right to the soil of the said moor or common and waste lands, except as thereinafter was reserved to him, and that after setting out all the public and private roads and ways and other conveniences, as by the said act of the 41 G. 3. was directed, and the allotment or allotments thereinbefore directed to be made, the said commissioners should set out, divide, and allot all the residue of the said moor or common wastes or other commonable lands, thereby directed to be divided and allotted, unto and between and amongst the several proprietors of such antient messuages, cottages, inclosed grounds, and tenements, in Marrick aforesaid, who, in respect thereof, were entitled to rights of common in, over, or upon the said commonable lands or any part thereof, in proportion, and according, to the true and real value of such antient messuages, cottages, inclosed grounds, and tenements; and that the allotments to be set out in pursuance of that act, should be had and taken, by the several persons entitled thereto, in lieu and full bar and compensation and satisfaction of and for their

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several and respective rights of common and other rights and interests in, over, and upon the said common, moor, and waste lands thereby directed to be divided GREATHEAD and allotted; and that it should be lawful for any person or persons who should be entitled to any allotment or allotments under or by virtue of that act, to give, grant, bargain, sell, demise, surrender, mortgage, limit, convey, and assure the same, for all or any part of his, her, or their estate or interest therein or right thereto, at any time before the execution of the award of the commissioners; and that every such gift, grant, bargain, sale, demise, surrender, mortgage, limitation, conveyance, and assurance should be of the same force and validity, as if made after the execution of the award; and that it should be lawful for any of the owners of common rights, upon the lands thereby directed to be divided and allotted, to sell and dispose of the same, or of the allotment or allotments to be set out in respect thereof by virtue of that act, separate and distinct from the estate in right of which they, he, or she were or was entitled to the same, in like manner as they, he, or she might have done after the execution of the award.

After stating a clause providing for the inrolment and for the keeping and inspection of the award, the plea set out the following proviso; - and that nothing in that act contained, should be construed or adjudged to defeat, lessen, or prejudice the right, title, or interest of the said W. P. Powlett, his heirs and assigns or any of them, of, in, and to the seigniory and royalties incident and belonging to the said manor respectively, but that the said W. H. Powlett, his heirs and assigns, and all succeeding lords of the said manor for the time being, should and might, from time to time, and at all times thereafter, have, hold, and enjoy all courts, perquisites and profits of courts, boons, and services, and all yearly and

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other rents and acknowledgments, reserved and usually
paid, and which were due and demandable, for all and
every or any of the houses, buildings, cottages, intacks,
or inclosures then built, made, being, or standing, in or
upon the said moor or common or the boundaries
thereof, or in or upon any ground formerly part of the
said moor or common then held or enjoyed in severalty
(except as to such encroachments as should be allotted
by virtue of that act), and which theretofore had been,
or which ought to be, paid, made, or performed by the
owners or possessors, for the time being, of such houses,
buildings, or cottages, or of any of the intacks or in-
closures theretofore parcel of the said moor or com-
mon, and then held and enjoyed in severalty (except as
aforesaid); all quit-rents, free-rents, and other rents,
reliefs, dues, customs, amercements, and all goods and
chattels of felons and fugitives, of felons of themselves,
and of those put in exigent, deodands, treasure-trove,
waifs, estrays, forfeitures, escheats, fairs, markets, tolls,
stallages, rights, royalties, with free warren, and liberty of
hunting, hawking, fishing, and fowling, immunities, juris-
dictions, privileges, profits, commodities, advantages,
emoluments, matters, and things, whatsoever, to the said
manor, or to the lord or lords thereof, for the time being,
incident, belonging, or appertaining, in as full, ample, and
beneficial a manner, to all intents and purposes, as he or
they could or might have enjoyed the same, if that act
had not been made; as, by the record of the said act of
parliament, remaining among the rolls of parliament of
our Lady the now Queen, at Westminster, in the county
of Middlesex, may more fully appear.

Averment: that after the making and passing of the first mentioned act for inclosing the said lands in the manor and parish of Marrick, in the county of York, and before &c., to wit, on the 1st of August 1814,

the said Bower and C. having first and before they proceeded to put the said first mentioned act into execution, to wit, on, &c., duly, and according to the said act of parliament of the 41 G. 3., taken and subscribed the oath ordained and prescribed to be in that behalf taken by the last-mentioned act of parliament, and having first duly complied with all the provisions of the said acts by them first to be complied with, and duly qualified themselves to act as thereafter mentioned according to the provisions of the said acts respectively, did, in pursuance of the provisions of the first mentioned act, and according to the said first mentioned act, set out and allot unto, and for, the said W. P. Powlett, his heirs and assigns, over and above, and exclusive of, such shares and allotments of and in the said moor or common as were, in pursuance of the first mentioned act, allotted to him and them in lieu of his and their rights of common, one full eighteenth part, in value, of the said moor or common and waste lands, in full compensation and satisfaction, of and for his and their right to the soil of the said moor or common and waste lands, except as was by the first mentioned act thereinafter reserved to him the said W. P. Powlett as thereinbefore was mentioned. That afterwards and before &c., to wit, on the 1st of August 1814, and after setting out all the public and private roads and ways, and other conveniences, as, by the said act of the 41 G. 3., was directed, and the said allotment thereinbefore mentioned to have been made to the said W. P. Powlett, his heirs and assigns, the said commis sioners, in pursuance of the thereinbefore first mentioned act, and according to the said first mentioned act, did set out, divide, and allot, all the residue of the said moor or common, wastes, and other commonable lands, by the said thereinbefore first-mentioned act, directed to be divided and allotted, unto, between, and amongst, the several proprietors of such antient messuages, cottages,

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enclosed grounds, and tenements in Marrick aforesaid, who, in respect thereof, were entitled to rights of common, in, over, or upon the said commonable lands, or any part thereof, in proportion, and according to the respective true and real values of such antient messuages, cottages, enclosed grounds, and tenements. That the close in which &c. was a part of the said residue of the said common wastes and other commonable lands so set out, divided and allotted between and amongst the several proprietors of such antient messuages &c. in Marrick aforesaid, as thereinbefore mentioned, which said residue before and at the time of the passing of the first-mentioned act, was parcel of the said manor and of the demesne lands thereof: that the said close in which, &c. was so then, before the plaintiff had any thing in the said close, in which &c., allotted to one Ince, who thereupon afterwards and before &c., to wit, on the day and year last aforesaid, took possession of, and occupied, the said close in which &c. in severalty under and by virtue of the said allotment and division; from which time, until and at the several times when &c. the said close in which &c. had been possessed and occupied in severalty by the said Ince, and by the plaintiff, and those claiming under the said Ince, under and by virtue of the said allotment: that the said W. P. Powlett, before and at the time of the making and passing of the thereinafter first mentioned act of parliament, was seised in his demesne as of fee, of and in the said manor of Marrick, together with the rights, royalties, members, and appurtenances thereunto appertaining. The plea then, after alleging a conveyance by lease and release, of the 18th and 19th of August 1817, from W. P. Powlett, of "all and singular the said manor or lordship of Marrick, together with the rights, royalties, members, and appurtenances thereto appertaining," to Josias Morley, proceeded to allege that, by virtue of that