9 How common field lands may be enjoyed differently by occupiers.E+W+S
Provided always nevertheless, that if the occupiers of the said common field lands shall, at times when the said fields have been usually enjoyed in common, consent and agree not to depasture the same in common, and shall allot and set apart what shall be deemed by a majority of such cottagers who shall not have agreed to compound for or limit their right of common as aforesaid a sufficient and equivalent common for such cottagers and other persons as aforesaid, to be enjoyed exclusively by them, that then and in such case such cottagers and other persons shall not use, exercise or enjoy their right of common over such parts of the said common field lands as are not used in common by the occupiers thereof, but only over such part thereof as shall for such time be allotted them for that purpose and set apart as aforesaid, any law, usuage or statute to the contrary notwithstanding.