Jahrgang 
14 (1800)
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164
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á(B04 J SKETCH- OF, A GENERAL, INCLOSURE BILL.

To the Editor of the Commercial and Agricultural Mágáziné.

Ch 6:08 FY HE eminent importance of a general incloſure bill, and the T many difficulties which have hitherto obſtru@ted it, have made it the duty of every good citizen to offer. any expedient which may occur in his meditations on this ſubje&t. Convinced that the importance of the. queſtion will inſure an attention USR I fear would not be inſured by the manner of treating it),

wiſh to forward to thepublic, through your beneficial Miſcel- Tany, the manner in which I think this Gordian knot is to be untièd.| y __ Thall conſider the difculty in two diſtin& points of view. Firſt, on the ſuppoſition of a general bill for partial incloſure, which, in its progreſs, would naturally inſure general incloſure. Secondly, I ſhall attempt to point out a new mode of facili= tating a gencral incloſure bill, if ſuch a gigantic meaſure ſhould éver be thought expedient.

The difficult.es in effe@ing any incloſure conſiſt wholly in the numerous indefinite claims, and the right poſſeſſed by any one cf theſe claimants to put an effe(ual veto on the buſineſs. That every reader may become competent on the ſubject, I ſhall firſt enumerate and explain the various claims which are produced on

any propoſal for an incloſure. I. The lord of the manor(who;

indiſputably poſſeſies in full. right the /&bſoil of the common, and whoſe feöäal dominion uſually entitles him to certain rights more troubleſome to others than profitable to himſelf) always expects a conſiderable allótment on every incloſure. As he is frequently a man of influence and power, it is uſual in private incloſure bills to bribe off his fatal oppoſition with an ample allotment, rather larger than juſtice ſeems to diGate; ſince, though he poſteſſes the ſubſoil, he has no right to break through the green-ſod to come at it. However, as manorial rights are not very varjous, the cuſtom in private incloſure bills muſt be now ſuffered to ſtand as a diretion for poſterity.2. The /and-owners claim is next to be conſidered. He uſually looks on alli the others claims ſo ſub- ordinate to his, that it is not always eaſy to content him on any terms. It is univerſally allowed that his property in any common ſo far predominates as to render him néceflärily and univerſally the main-ſpring of incloſfure. His claim is certainly fo far valid, that he may be conſidered as. a refiduary legatee in teſtamentary tranfaions; after other claims are conſidered and ſatisfied, with- out doubt, the remainder falls to him. of courſe.3, Where it. is the cuſtom of the country to grant long leaſes, the the tenant,or occupier has certainly ſome claim(according to circumſtances) for deprivation of commonage, for the remainder of his term of years.