APPENDIX A (7)
Laleham.—Enclosure Act, 1774
Area.—(From Award), 918 Acres.
Nature of Ground.—‘Several large and open Fields,’ ‘and likewise certain Wastes and Commons.’
Parliamentary Proceedings.—
First attempt, January 31, 1767.—Petition from Sir James Lowther, Lord of the Manor, and from ‘divers owners’ for enclosure of the open fields and commons, and also of ‘a large Pasture called Laleham Burway.’ Leave given, but bill dropped after first reading.
Second attempt, December 7, 1767.—Petition for enclosure from Sir James Lowther alone, on behalf of himself and others. Leave given; bill prepared by Mr. Anthony Bacon and Mr. Fuller, read twice and committed (December 14) to Mr. Bacon, Mr. Jenkinson, Sir James Lowther, and others.
December 21, 1767.—Petition against the bill from various persons, being Owners, Proprietors and Occupiers entitled to Rights of Common, and also Owners of Cow Gates on Laleham Burway, setting forth ‘that the Inclosure sought by the said Bill is contrary to the general Sense and Opinion of the Petitioners and others, who compose a Majority in Number of the Owners or Proprietors of, or Persons interested’ in the Inclosure, and also stating that the meadow of Laleham Burway is not within the Manor of Laleham, but has been proved by a trial at law to be part of the Manor of Chertsey Beaumont. Petitioners to be heard on Report.
Report and Enumeration of Consents.—December 21, 1767 (same day).—Mr. Anthony Bacon reported from the Committee that the Allegations of the Bill were true, and ‘that the Parties concerned had given their Consent to the Bill, to the Satisfaction of the Committee (except the Proprietors of Estates, who are entitled to Right of Common in the said Manor, who are rated to the Poors Rate to the Amount of £8, 2s. 0d. per Annum; and also the Proprietors of Estates, who are intitled to Right of Common in the said Manor, who are rated to the Poors Rate to the Amount of 15s. per Annum, who, being applied to, refused to sign the Bill, but declared they would not oppose the same; and that the whole of the Estates, in the said Manor, are rated to the Poors Rate to the Amount of £27, 6s. 6d. or thereabouts; and that the Proprietors of Eighty-six Cow Pastures or Farines, had refused to give their Consent to the said Bill; and that the whole Number of Cow Pastures, or Farines, are 292½); and that no Person appeared before the Committee to oppose the said Bill.’
The consideration of the Report was put off several times; February 25, 1768, a debate on the subject, resumed on February 29, with the result that the Bill was defeated.
Third Attempt, February 28, 1774.—Petition from various owners and occupiers for enclosure of Laleham and of Laleham Burway. Leave given. Bill read first time March 18.
March 22.—Petition against the bill from various owners and proprietors of certain Messuages, Cottages, Farmsteads, Lands and Rights of Common, and also owners of Cattle gates on Laleham Burway, setting forth that the ‘Bill is contrary to the general Sense and Opinion of the Petitioners and others, who compose a great Majority of the real Owners and Proprietors of, or Persons interested in, the Lands and Grounds intended to be inclosed: and that the Petitioners conceive that the said Bill, if passed into a Law, will in general be injurious to all the Petitioners, and in particular highly burthensome and oppressive to such of them who enjoy small and inconsiderable Rights and Interests therein.’ The Petition again pointed out that Laleham Burway was not in the Manor of Laleham, and that apart from that fact, ‘Inclosure would render the Enjoyment thereof’ inconvenient if not impracticable. To be heard by Counsel on second reading. On April 15 came another Petition from William Barwell, Esq., and other proprietors in and near Chertsey, opposing the enclosure of Laleham Burway as detrimental to the proprietors thereof and to the inhabitants in general of Chertsey, and suggesting that it is ‘calculated only for the private Emolument of some One or few’ of the proprietors. Petition to lie on table.
May 20.—Bill read a second time. Both above Petitions read and Counsel against the Bill heard and several witnesses examined. Bill committed.
Report and Enumeration of Consents.—June 7, 1774.—Mr. Norton reported from the Committee, that the allegations were true and that the parties concerned had consented ‘(except the Owners of 13 Houses intitled to Right of Common and the Proprietors of Lands rated to the Land Tax of £35, 4s. 6d. per Annum who refused to sign the Bill, and also except the Proprietors of Lands rated to the Land Tax at 9s. per Annum who could not be found; and that the whole Number of Houses having Right of Common is 80, and the whole of the said Lands are rated to the Land Tax at £168, 2s. 6d. per Annum).’
A Clause was offered to be added to the Bill, for giving an Appeal to Quarter Sessions,[494] and this was agreed to. Other clauses to restrain the Commissioners from setting out a road over Laleham South Field and for saving the rights of tithe owners were also added.
The Bill passed both Houses and received the Royal Assent, June 22, 1774.
Main Features of Act.—(Private, 14 George III. c. 114.)
Commissioners.—Three appointed:—Ralph Gowland, Esq., of Laleham; Thomas Jackman of Guildford; Henry Brumbridge of Thorpe.
Two a quorum. Vacancies to be filled by remaining Commissioners from persons not interested in allotments or division.
Surveyor or surveyors to be appointed by Commissioners.
Payment.—Nothing stated.
A special clause enacting that they are to make the division and allotment on or before December 24, 1774, ‘or as soon after as conveniently may be done.’[495]
Claims.—All claims to be delivered in writing with particulars of right or title in respect of which claim is made at 1st or 2nd meeting. If any claim is objected to at 1st, 2nd, or 3rd meeting by another claimant then the Commissioners can hear and determine, and their determination is final and binding. Exception.—If a claimant refuses to refer the matter to the Commissioners, then he or she can bring an action at law against the objector on an issue to be settled if necessary by the officer of the Court. But if the claimant whose claim is objected to fails to bring the action, and still refuses to refer the question to the Commissioners, then (after 3 months) he loses all his rights.
There is also a clause ‘for the better settling the Rights and Claims of all the said parties so interested and concerned as aforesaid’ by which it is enacted that in case any difference touching rights and claims arises between any of the parties so interested and concerned, the Commissioners have power to hear and finally determine the same, ‘which Determination shall be binding and conclusive to all Parties.’
System of Division—Special Provisions:
Lord of the Manor (Sir James Lowther).—No special provision mentioned, but see Award.
Clause to say that the Lord of the Manor’s rights are not to be prejudiced by the Act ‘(except such Common of Pasture, or other Rights of Common, as can or may be claimed by or belonging to him).’
Tithe Owners.—Nothing in the Act to affect any right or title to tithes.
Provision for the Poor.—Nothing mentioned, but see Award.
Allotment.—The Commissioners are to make the allotments amongst the several persons ‘intitled to any Lands, Grounds, Right of Common or other Property,’ in proportion to ‘the real value of their several and respective Shares and Interests and Right of Common or other Property through and over the said Common Fields, or other the Premises to be allotted and divided.’ Quantity, Quality and Convenience are to be considered. The Commissioners are to draw up an Award as soon as is convenient after allotment, and ‘the several Allotments, Partitions and Divisions so made’ in and by the Award ‘shall be and are hereby declared to be binding and conclusive unto and upon all and every the several Parties interested in the said open and common Fields, common Pastures, and commonable Lands.’ Allotments must be accepted within 12 months after award. (Saving clause for infants, etc.) Failure to accept excludes allottee from all benefits in lands and estates allotted to any other person, and the Commissioners can appoint a Bailiff or rent receiver with full power to manage the allotment in question, any surplus of profits to go to the original allottee who has refused to accept—until he changes his mind and accepts it.
Allotments are to be of the same tenure as the estates for which they are claimed. The Herbage of the Lanes and Public Roads to be allotted to such person or persons as the Commissioners direct.
A special clause to exempt Laleham Burway from division.
Incroachments.—Not mentioned.
Fencing.—No instructions given; except that when an allotment abuts on the highway, the fences are to be kept up by the owner.
Expenses.—To be paid by the ‘Owners and Proprietors and Persons interested of and in the said Lands and Grounds’ in such proportion as the Commissioners decide. If persons refuse to pay, Commissioners can distrain or else enter on allotment and take rents. Allotments may be mortgaged up to 40s. an acre.
Compensation To Occupiers and Others.—Leases at rack-rent ‘shall cease and be totally extinguished’ if Commissioners give notice; the owner giving such compensation to the tenant as the Commissioners direct.
Underwoods, hedges, shrubs, etc., are not to be grubbed up or destroyed before allotment without special permission from the Commissioners, but are to remain for the benefit of the allottee, the allottee paying the former owner such compensation as the Commissioners direct.
Also, If any land with woods, underwoods, hedges, shrubs, etc., is allotted to someone who does not already hold it, then the first owner may enter and fell, grub up and cut down the underwood, hedges, etc., and take them away, unless the same have been allotted by the Commissioners to the new owner.
Power of Appeal.—Only with respect to roads, and then to Quarter Sessions only.
Arrangements between Act and Award.—Not mentioned.
Award.—Date, 1803. Record Office. During the 29 years between the Act and the Award 10 Commissioners were concerned, (A) Ralph Gowland, (B) Thomas Jackman, (C) Henry Brumbridge, (D) George Wheatley, (E) John Baynes Garforth, (F) Sir Philip Jennings Clarke, (G) Richard Penn, (H) Sir William Gibbons (see Stanwell), (I) Thomas Chapman, (J) George Kinderley, as follows:—
C refused to act straight away. A then appointed D. B refused to sit in 1781. A and D appointed E. A died 1787. D and E appointed F. F died 1788. D and E appointed G. D died 1802. E and G were desirous of being discharged from acting further. H was ‘duly appointed.’ E and G refused to act. H appointed I and J. H, I and J gave the award.
Distribution of Land.—918 acres odd, exclusive of roads, were divided out as follows:—
| Acres. | |
|---|---|
| Lord Lowther[496] (including 18½ for his rights of soil), | 626½ |
| Six other owners (in shares varying from 68¼ to John Coggan, Martha his wife, to 16¼ to the Vicar, | 223¼ |
| Twenty-three owners (in shares varying from 7½ acres, Messrs. Blackwell and Elson, to 16 perches John Goodwin, | 51¼ |
| Churchwardens and Overseers for the Poor (see below), | 13 |
| Gravel Pit, | 4 |
| 918 |
The destiny of the 13 acres vested in the Churchwardens and Overseers is described thus: they are ‘for the use of the poor of Laleham, as a compensation for their loss of Common, the said 13 acres in lieu of the herbage of the roads the use of which by the poor was thought might be injurious to the young quick by the grazing of their cattle on the roads, and as the Majority of the Proprietors have agreed’ to give up this 13 acres as an equivalent for the Herbage, the Herbage is given to the proprietors instead.
The Churchwardens and Overseers may do one of two things with the 13 acres plot, they may (1) lease it out for 21 years at ‘the best and greatest rent’ to a parishioner: (the plan shows the 13 acres to have been wedged in between Lord Lowther’s fields), or (2) ‘if they should think it more advantageous to the parish to raise a certain sum of money upon it for the Purpose of erecting a Workhouse’ they may let it out for 60 years.