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<p n="248"> are Persons, who can judge properly of their own Interests, in-<lb></lb>
clined to enter into such Agreements, that many Acts of Inclo-<lb></lb>
sure; for Instance, Farmington Inclosure, 12 Ann (Private Acts)<lb></lb>
C.17; Thurscoe Inclosure, 2 Geo. II. C. 27; Lillington In-<lb></lb>
closure, 3 Geo. II. C. 4; and indeed a considerable Proportion<lb></lb>
of the Acts which passed some Years ago, were merely for the<lb></lb>
Purpose of legalizing private Agreements, previously settled<lb></lb>
among the Parties.</p>
<p n="249">There are many Individuals, however, who, though they<lb></lb>
might be willing to enter into such Agreements, yet, living at a<lb></lb>
Distance from <rs type="placeName" id="LMSMPS50921_geo100">the Common</rs>
<interp inst="LMSMPS50921_geo100" type="placeName" value="the Common"></interp>
<interp inst="LMSMPS50921_geo100" type="type" value="undefined"></interp>
in which either they, or those for<lb></lb>
whom they act, are interested, can be no Judge whether the Pro-<lb></lb>
posal submitted to them is fair of not; and would therefore rather<lb></lb>
incline, to refer the Whole to Persons, in whose Skill and Inte-<lb></lb>
grity they can depend, than to weigh and determine the Matter<lb></lb>
themselves.</p>
<p n="250">This is more particularly likely to be the Opinion of Guardians,<lb></lb>
Trustees, the Church, and other Corporate Bodies; and indeed, as<lb></lb>
in all such Cases, not only the Interests of those in Possession,<lb></lb>
but of others possessed of contingent Rights, are implicated: It<lb></lb>
has therefore been thought most adviseable, to restrict the Effect of<lb></lb>
such Agreement to the Appointment of Commissioners, who shall<lb></lb>
pronounce under Oath an Award, the general Nature and Ten-<lb></lb>
dency of which may have been previously arranged among the<lb></lb>
Parties, but which shall afterwards be sanctioned by sworn Com-<lb></lb>
missioners, with an Appeal from their Decision.</p>
<p n="251">As various Incidents may occur, which may prevent Una-<lb></lb>
nimity in such Agreements, a Circumstance for which Provision<lb></lb>
must be made, hence it become necessary, to submit to the Con-<lb></lb>
sideration of the Legislature, the Propriety of authorizing the Ap-<lb></lb>
pointment of Commissioners, where Three-fifths of the Parties<lb></lb>
interested approve of the same; for no just Reason can be assigned,<lb></lb>
why a small but stubborn Minority, either in Number of Value,<lb></lb>
should controul a Majority of Persons interested in the same Pro-<lb></lb>
perty,</p>
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