are Persons, who can judge properly of their own Interests, in-
clined to enter into such Agreements, that many Acts of Inclo-
sure; for Instance, Farmington Inclosure, 12 Ann (Private Acts)
C.17; Thurscoe Inclosure, 2 Geo. II. C. 27; Lillington In-
closure, 3 Geo. II. C. 4; and indeed a considerable Proportion
of the Acts which passed some Years ago, were merely for the
Purpose of legalizing private Agreements, previously settled
among the Parties.

There are many Individuals, however, who, though they
might be willing to enter into such Agreements, yet, living at a
Distance from the Common in which either they, or those for
whom they act, are interested, can be no Judge whether the Pro-
posal submitted to them is fair of not; and would therefore rather
incline, to refer the Whole to Persons, in whose Skill and Inte-
grity they can depend, than to weigh and determine the Matter
themselves.

This is more particularly likely to be the Opinion of Guardians,
Trustees, the Church, and other Corporate Bodies; and indeed, as
in all such Cases, not only the Interests of those in Possession,
but of others possessed of contingent Rights, are implicated: It
has therefore been thought most adviseable, to restrict the Effect of
such Agreement to the Appointment of Commissioners, who shall
pronounce under Oath an Award, the general Nature and Ten-
dency of which may have been previously arranged among the
Parties, but which shall afterwards be sanctioned by sworn Com-
missioners, with an Appeal from their Decision.

As various Incidents may occur, which may prevent Una-
nimity in such Agreements, a Circumstance for which Provision
must be made, hence it become necessary, to submit to the Con-
sideration of the Legislature, the Propriety of authorizing the Ap-
pointment of Commissioners, where Three-fifths of the Parties
interested approve of the same; for no just Reason can be assigned,
why a small but stubborn Minority, either in Number of Value,
should controul a Majority of Persons interested in the same Pro-
perty,