The Act for the Enclosure of Commons in England and Wales: And Forms as Settled by the ...

Front matter

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Preface

p^

This little volume has been arranged by the Editor solely with a view to the convenience of those who may be engaged in carrying into effect the statute of the last Session for facilitating the Enclosure of Waste Lands.

The introductory Treatise is necessarily but meagre^ when compared with the extent and importance of the branch of law of which it treats ; and it was thought advisable to insert in it many rudimental matters which would have been omitted had it been addressed solely to the Profession. It is hoped, however, that it will be found a summary of the law sufficient for the ordinary necessities of parties enclosing under this Act.

All the forms which have hitherto been issued by the Enclosure Commissioners will be found in the Appendix, and the Editor has been at some

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IV PREFACE.

pains to collect from parties who have commenced Enclosures under the new Act such opinions of the Commissioners upon the interpretation of the several clauses as have hitherto been intimated to those who have applied to them.

Chapter I. Pagi

Of Rights of Common, and the several Eanda of Common generally - - - - - 1 Sect. II. — Of the several Kinds of Commons - 6

CHAPTER n.

Sect. L — Appendant - - - - 9

Sect. IL — Appurtenant " - - 15

Sect. m. — In Gross - - - - 23

Sect. IV. Pur Cause de Vicinage « - 25

Chapter III

Of Commons other than Conmion of Pasture. — Estovers. — Turbary. — Common in the Soil. — Piscary - .... - 28

CHAPTER IV. Of Wastes - - - - - - 35

Sect. I. — Common Lands— The Manorial Waste.

Woodlands. Stinted Pastures. Forests - 35 Sect. IL — Commonable Lands — Lammas Lands —Shack - - . ► - 40

VI CONTENTS.

Chapter V. Page

On thte Creation, Alienation, and Extinguishment of Rights of Common - - - - 46

CHA]?TER VI.

Of the Rights of Lords of the Soil and of Commoners 51 Sect. I. — Rights of the Lord — to Approve — to

Common — to Mines - - - - 51

Sect. II. — Rights of the Conmioner — Dependent upon Custom or Prescription. What Customs are good - - - - 57

CHAPTER VII. Of Enclosure - - - - - 68

Sect. L — By the Lord - - - 68 Sect. II. — By Agreement between the Lord and

the Commoners - - - - 68

Sect. III. — By Act of Parliament - - 69

Sect. IV. — By Encroachments - - 73

CHAPTER VIII. Of the Evidence in Claims of Rights of Common - 76

The Act of 8 & 9 Vict. c. 118., to facilitate the Enclosure and Improvement of Commons and Lands held in common, the Exchange of Lands, and the Division of intermixed Lands ; to provide Remedies for defective or incomplete Executions, and for the Non-execution of the Powers of Greneral and Local Enclosure Acts ; and to provide for the Revival of such Powers in certain Cases. [8th August, 1845] 89

CONTENTS. VU