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o afric. 1795. LAWS
COMMONS AND COMMONERS;
AND in wtficii
As coliected FROM THE SEVERAL
UP TO THE PRESENT TIME.
TO WHICH IS LIKEWISE ADDED AN
CONTAININC THE MODE AND EXPENCE-OF PROCEEDING IN THE HOUSES OF
PARLIAMENT FOR THE
SECOND EDITION, CORRECTED AND ENLARGED.
By The Author of 'THE LAWS OF LANDLORD AND TENANT,
LAW OF WILLS, LAWS or MASTERS AND SERVANTS, &e.
[Price Three Shillings, Sewed.]
The Sheets with which the Public are now presented, are intended to form the Third Division of the second and last Volume of the Law Selections. Our attention has been directed to the Law of Commons and Com. MONERS, not only on account of the universal extent and utility of the subject, but likewise of the importance which it has of late assumed by the consideration given to it by the Legislature; the provisions of which it is material that both Lords and Commoners should be acquainted ;--and that they may become so in the fullest manner, and at a small expence, is the chief design of the present Compilation.
The next object of our attention will be the Law relating to Travellers and TravELLING, which wil! complete the design we originally had in view of forming, under the above Titie, à Collection of familiar Treatises on such subjects of the Law, as appeared lo be of the most general utility and importance.
1. His Interest in the Right of Common
5. How Improvement is to be made
7. Remedy of Commoner if the Lord exceed his right 57 to 65
Abstract of the 41 Geo. III. c. 109.
COMMONS AND COMMONERS.
Chap. I. Of the Original, Nature, Qualities; and Kinds of Common. THE word Communia, or Common, as taken substan- Definition,
1 tively, and used as a term of art, properly signifies a right or privilege which one or more persons claim to take or use some part or portion of that which another man's lands, waters, woods, &c. do naturally produce, without having any property in such land, water, wood, &c. for he that has the property is the lord, or owner of the thing, which property, in this sense; cannot be said to be com. mon; so that common and property, in our legal signification, seem repugnant.
Commons, in this sense, are generally divided into four Divifion, kinds, viz.
-1. Common of pasture, which is a right, or liberty, which one of more have to feed or fodder their beasts or Ćattle in another man's lands, &c:
2. Common of curbaty, which is a right, or liberty, of digging turf in another's land or foil.
3. Common of piscary, or of fishing, which is a right, or liberty, of taking fish in another's fishpond, pool, or river; and
4. Common of eftovers, which is a right, or liberty, of taking trees or loppings, shrubs; underwoods, &c: in another man's woods, coppices, &c.
Common of eltovers are, however, generally called Species of com. boots, or botes, and they are of four kinds, viz.
mon of ellovers,