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1800.} Sketch of a general Incloſure Bil abg

ceed to the fame meaſure with all ſpeed. The law ſhould there- fore direc, 1. That an arbitration jury of any odd numbec (three, or five) be appointed on application of any freeholder, or any perſons whoſe joint rights might amount to freehold. The applicant to give competent ſecurity for payment of ſuch jury; which ſhould be compoſed of reputable men of the vici- nage, and approved by the quarter ſeûlions, which, in the firſt inſtance, might iſſue a mandate to any neighbouring pariſhes to nominate(by majority in the monthly veſtry) the moſt proper perſons for ſuch appointment.—2, The ofice and duty of ſuch Jurymen to conſiſt in aſcertaining, to the beſt of their power, the extent and quality of the common in gueſtion.—3. In exa- mining the relative value of the land, repreſented by the appli- cant, to all the other land having alſo right of common. As the poor-rates of ſuch land is uſually affeſled together, it is ealys by inſpe@ion of the pariſh-rates, to determine that point. Lt may be urged, that pariſh-rates are not always equally paid; but if a man pays more than his juſt proportion he delerves 2 larger allotment, and vice versâ. The rates cannot be very un- equally levied, becauſe application for a new aſſeſſment woulZ have. been made before.—4. Sometimes a large houſe is rated high in the pariſh-books, and the land-owners manifeſta NEePUg- nance to ſee any waſte-land allotted to houſes, which turn out no‘beaſts to common. But the non-exertion of a right docs not extinguiſh it; indeed it might be fhaid, on the other ide, that previous forbearance gives a higher right in future. Di- ſtindion of rights for the ſame rental(as rated) muſt not be admitted; or a farmer ear the common- would next BY SAE uſually get moſt good of the common; therefore, if divided, € I ought to have a larger ſhare than others.” But as all com. mons may be afreſh finted by proper application, theſe borderers of the common ought rather to feel aſhamed of a rapacity which has taken advantage of their neighbour’s negligence about the int. Diſmifling ſuch idle, ruſtic claims of ignorance, we have the pariſh-rates as a baſis for the farther operations of the jury.— 5. The jury muſt alſo be empowered and inſtru@ted to affign a proportional allotment for the lord of the manor, and re¿tor, with or without the conſent of theſe parties, under the reſtric- ODS TO DE recited nte a0 The land Ounce making the application, the lord of the manor, and redor, all chuſing the ſituation of their intended incloſure; it being incumbent on the jury to allow properly, in diminiſhed quantity, for convenient ſituation, and choice of land.

“Suppoſe the jury properly conſtituted; and let us purſue their operations in an imaginary caſe, for an example.- In a pariſh ox tything‘of 1,0001. per ann, total of rental in the pariſh-rates, one(or more land-owners) amounting to 1001. per ann, have

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