RESPECTING COMPRISING THE LAW RELATIVE TO THE RIGHTS A AND IN WHICH THE LAW RELATIVE TO THE INCLOSING OF COMMONS, IS PARTICULARLY ATTENDED TO AS COLLECTED FROM THE SEVERAL Statutes, Reports, and other Books of Author UP TO THE PRESENT TIME. TO WHICH IS LIKEWISE ADDED AN APPENDIX CONTAINING THE MODE AND EXPENCE OF PROCEEDING IN THE HOUSES INCLOSING OF COMMONS AND OTHER WASTE LAN SECOND EDITION, CORRECTED AND ENLARGED. BY THE AUTHOR OF THE LAWS OF LANDLORD AND TENANT LONDON: Printed for W. CLARKE and SONS, Portugal-Street, Lincoln's-In 1806. [Price Three Shillings, Sewed.] THE Sheets with which the Public are now pre are intended to form the Third Division of the seco last Volume of the LAW SELECTIONS. Our at has been directed to the LAW of COMMONS and MONERS, not only on account of the universal and utility of the subject, but likewise of the imp which it has of late assumed by the consideration to it by the Legislature; the provisions of whi material that both Lords and Commoners should quainted; and that they may become so in the manner, and at a small expence, is the chief de the present Compilation. The next object of our attention will be the I lating to TRAVELLERS and TRAVELLING, whi complete the design we originally had in view o ing, under the above Title, a Collection of i Treatises on such subjects of the Law, as appe be of the most general utility and importance. CHAP. I. OF THE ORIGINAL NATURE AND KINDS OF 1 3. His Right to improve and inclose by the Common Lura 35,55 APPENDIX. THE LAWS RESPECTING COMMONS AND COMMONER CHAP. I. Of the Original, Nature, Qualities, and Kinds of Con THE HE word Communia, or Common, as taken fub tively, and used as a term of art, properly figni right or privilege which one or more perfons claim to or ufe fome part or portion of that which another r lands, waters, woods, &c. do naturally produce, wi having any property in fuch land, water, wood, &c he that has the property is the lord, or owner of the t which property, in this fenfe, cannot be said to be mon; fo that common and property, in our legal fig cation, feem repugnant. Commons, in this sense, are generally divided into kinds, viz. 1. Common of pafture, which is a right, or lib which one of more have to feed or fodder their beat cattle in another man's lands, &c. 2. Common of turbaty, which is a right, or lib of digging turf in another's land or foil. 3. Common of pifcary, or of fishing, which is a r or liberty, of taking fish in another's fifhpond, poo river; and 4. Common of eftovers, which is a right, or lib of taking trees or loppings, fhrubs, underwoods, & another man's woods, coppices, &c. Common of eftovers are, however, generally c boots, or botes, and they are of four kinds, viz. B |