INCLOSING. part in number and value of the owners and occupiers of fuch common paftures, prefent at a meeting to be held after fix days notice at least given, in manner hereinbefore directed, with the confent of the lord or lords, lady or ladies, of the manor, or his, her, or their fteward or agent, to poftpone the opening of the faid common paftures for a time not exceeding twenty-one days. Two-thirds of commoners, the lord of the manor, &c. may direct the opening and &c. Sec. 18. (After taking notice that there were in many with confent of places common paftures, with ftinted or limited rights of common therein, which are open the whole year, and it would be attended with great advantages to the commoners to fhut up and unftock the fame at particular fhutting of com- feasons,) that it shall be lawful for two thirds in number mon pastures, and value of fuch commoners, at a meeting to be holden after fourteen days notice given in manner hereinbefore directed, with the confent of the lord or lords, lady or ladies,of the manor or manors in which fuch commons are fituated, his, her, or their fteward or ftewards, agent or agents, to direct, order, and fix, the time when fuch common paftures fhall be broke or depaftured, and when the fame fhall be fhut up and unftocked; fuch orders to continue in force for one whole year, and no longer. Provifo refpect. ing perfons not confenting to the above regu lations. Perfons having right of com. mon may depasture theep cattle. Sec. 19. That a portion of fuch common pafture shall be feparated and fet apart for the ufe of fuch commoners exclufively as fhall not confent to fuch regulation, and the portion fo fet apart fhall be adjudged by a majority of fuch commoners, not confenting as alorefaid, an equivalent for their rights of common. Sec. 20. (After taking notice that many ftinted common paftures in this kingdom are fed and depaftured by horfes, beafts, or neat cattle, and in many inflances it would tend to the improvement of fuch cominon paftures, initead of other and to the better manuring and cultivation of the arable lands in common fields, or otherwife, to which fuch common paftures may belong, if the fame were fed with fheep,) that it fhall and may be lawful to and for the major part in number and value of the perfons having right of common in fuch common paftures, at any meeting to be held in purfuance of notice, in writing, under the hands of a major part of fuch owners and occupiers of fuch common paftures, or perfons having right of common therein, to be affixed on the principal door of the parish church of the parish where fuch common pastures shall lie, or of the nearest parish church where 53 fuch lands fhall lie in an extraparochial place, ten days INCLOSING. at leaft previous to fuch meeting, fpecifying the time and place, and intent of fuch meeting, by writing under their hands, to alter and change the manner and cuftom of feeding and depafturing fuch common paftures, fo far as inftead of hofes, cows, and other cattle, to allow the fame to be fed and depaftured with fheep, at the option of each perfon refpectively having right of common; and to limit and ftint the number of theep each fuch perfon, having right of common in fuch common paftures, fhall refpectively feed and depafture thereon, in due proportion to their refpective stints or rights. main upon Sec. 21. (After taking notice that the improvement Rams not to reof the breed of fheep is a matter of great national im waftes from portance, and the turning of rams upon waftes and open Aug. 25, to common fields at certain times of the year has been found Nov. 25. to be very prejudicial,) that no ram fhall be turned upon or be fuffered to remain upon any waftes or common fields, between the twenty-fifth day of Auguft and the twenty-fifth day of November in every year. Sec. 22. (After taking notice that feveral of the Perfons formerowners and proprietors of waftes, commons, and common ly under difabifield lands, may, at the time of any meeting to be held lity, under this act may fign in pursuance of this act, be incapable through various agreements. impediments, of entering into any of the agreements thereby authorised to be made, for the better ordering, fencing, cultivating, and improving, of common arable fields, waftes, and commons of pafture, in this kingdom, without the aid and authority of parliament,) that it fhall and may be lawful to and for the husbands,. guardians, trustees, committees, or known agent or re ceiver of any owner and proprietor of wastes, commons, and common field lands, and of any perfon having a right or intereft therein, being under coverture, minors, lunatics, or beyond the feas, and for every or any of them for the time being; and alfo to and for all-and every or any of the faid owners and occupiers, being tenants in tail, tenants by the courtesy of England, or tenants for life only, and to and for every or any of them respectively for the time being, to enter into, and fign any agreement to be made in purfuance of this act. Sec. 23. That no rector or tithe owner, in right of Rectors or tithe his rectory, vicarage, or curacy, or the leffee of either owners, not to of them refpectively, who fhall agree for or let his tithes receive gratuity for letting tithes other than by INCLOSING. of the faid common field lands, during the faid term of fix years, or any part thereof, fhall receive any fine, foregift, gratuity, or compenfation whatever,other than by equal half-yearly or yearly payments. half-yearly or yearly payments. All agreements in law. Sec. 24. That every agreement fo entered into in male to be valid pursuance of this act, fhall be good, valid, and effectual in the law, for the purposes thereby intended, notwithftanding the want of legal title in the faid owner or owners, or in the faid hufbands, guardians, truflees, committees, agents, or receivers, or in the perfons acting as fuch, or in the said tenants in tail, tenants by the cour tefy of England, or tenants for life only, any fettlement or fettlements, will or wills, to the contrary in anywife notwithstanding. Confent of occupiers not to be valid, without a written authority under the hand of the proprietor. Sec. 25. That no confent of any occupier of lands in fuch common arable fields, or of a separate sheep walk therein, to any fuch first agreement, for the ordering, fencing, cultivating, and improving of fuch common fields, to be made by the authority of or in pursuance of this act, fhall be good and valid, unlefs fuch occupier fhall, at the time of entering into fuch agreement produce a written authority for that purpose, under the hand of the owner or proprietor, guardian, or truftee; or in cafe of fuch owner not being a minor, and being in parts beyond the feas, of the known agent of fuch owner. Sec. 26. That if any owner or occupier of any cornmon field lands, or of any part thereof, for the better cultivation whereof any rules and regulations fhall have been agreed upon, in purfuance of the powers and authorities given by this act, fhall not conform to fuch rules and regulations, or fhall wilfully deviate therefrom in any respect whatsoever; that then, and in fuch case, it fhall and may be lawful to and for any owner of owners, or occupier or occupiers, of any part of fuch common field lands, who may have been damnified by a breach of the regulations aforefaid, to bring one or more action or actions of trefpafs, or upon the cafe, in any of his Majefty's Courts of Record at Weftminster against the perfon or perfons fo offending; and if in any fuch action, fo to be brought as aforefaid, a verdict fhall be given for the plaintiff, or he fhall recover judgment by default; that then, and in fuch cafe, the party or parties fo offending fhall anfwer to the party grieved all fuch damages as fhall be recovered in fuch action, together with double cofs of fuit. Sect. 27. That nothing in this act contained fhall pre- INCLOSING. vent, or extend to prevent, any perfon or perfons from inclofing all or any part or parts of his, her, or their No perfon is land, to and for his, her, or their own ufe or benefit, hereby preventfuch perfon or perfons having full power or right fo to ing his lands for do. ed from inclof his own use, &c. Sect. 28. Saving to the King, his heirs and fuc- Saving all rights ceffors, and to all and every lord or lords, lady or la- to his Majesty, dies, of any manor or manors, and to all and every other lords of manors, perfon and perfons, bodies politic or corporate, his, her, and their heirs, fucceffors, executors, and adminiftrators, (other than and except the refpective perfons, their heirs, fucceffors, executors, and adminiftrators, who may, in confequence of this act being duly carried into execution, become fubject to the provifions and regulations thereby authorised to be made), all fuch estate, intereft, and rights, as they, every, or any of them, had or enjoyed in and over the faid common arable fields, waftes, and commons of pafture, before the paffing of this act, or could or might have had and enjoyed in cafe the fame had not been made. If the majority of commoners agree upon a bye-law for ftopping a trench, being a nuisance to the common, it shall bind all the commoners, though there be no cultom to fupport it. Moor, 579. Where, and in what Cafes Approvement may be made by the made. As to the manner how the improvement must be; How improve, it must be divided by fome inclofure or defence, fo as ment mult be it may be made feveral; for it is lawful for the tenant to put his cattle into the refidue of the common; and if they ftray into that part, whereof the approvement is made, in default of inclofure, he is no trefpaffer. Now Statute of W. 2. by the statute of W. 2. if perfons unknown in the night, c. 46, of proor otherwife, fo fecretly deftroy the ditches, hedges, ftrating inclo&c. fo as the lord cannot know against whom to bring his fures by night, affize, or other action; and the men of the towns next adjoining do not indict the misdoers, those next towns fhall be diftrained to make the hedge or ditch at their own coft, and yield damages to the lord; and they have a year and a day for the indicting of them; and by the indictment, the lord fhall know against whom to bring his action; and if they do not, the lord fhall bring his An action on moner, digging of pits by the lord, no improvement. Sir J. Proctor and Mallory's cafe. The lord pleads in an action on the cafe by a commo the cafe by com- er, for digging of pits, that he is lord of the foil, a that he digged coals, leaving fufficient common, &c. P The lord may not dig pits, whereinto the bea of the commoner may fall; for the ftatute intends oth manner of improvement, i. e. by inclofure. Sid. p. 10 Goe and Cotler. 1 Keb. Keb. 453. S. C. No improvement against a man's own grant. The part improved is dif charged of common. To what fort of common the ftatute extends, cur. One cannot improve against his own grant, though it to a certain number. 1 Keb. 430. The lord by the ftatute of Mert. ought to leave fufficie pafture for common, and egrefs and regrefs from the t nements to the pafture. So per ftat: W. 2. If the lord doth improve part of the common, he fha not have common in the refidue of the land, for the lan improved; because he cannot prescribe for that which fo improved. 4 Leon. 44. Of what Things or Commoning, Improvement shall be. Neither the ftatute of Merton nor the ftatute of W. do extend to any common, but to common appendant, and to what not. appurtenant to his tenement, and not to a common grofs, to a certain number, or by grant. Co. fur ftat. 2. 46. Five-forts of without leaving fufficient common. But there are five kinds of improvements, that bo improvements between lord and tenant, and neighbour and neighbo may be done without leaving fufficient common to the that have it, any thing in the ftatute of Merton, or 42 V 2. notwithstanding. I. Windmills. 2. A fheep-house. Cow-houfe. 4. Enlarging of a court neceffary. Or, Curtilage: thefe are but put for example, for the lo may erect an house for a beast-keeper, a dairy, or mil houfe, &c. Neceffary enlargements curtilagii how to be understood. But the word neceffary must be applied to curtilag and it fhall not be taken according to the quantity of t freehold he has there, but according to his perfon eftate or degree, and for his dwelling and abode; for he has no freehold there in that town but his hou only, yet may he make a neceffary enlargement of curtilage. One inclofeth two acres of common (where were b three acres) to enlarge the curtilage of his house, an |