APPENDIX A (8)

Louth, Lincolnshire.—Enclosure Act, 1801

Area.—In Petition for Enclosure, about 1770 Acres.
In Act„„1854„
In Award„„1701„

Nature of Ground.—‘Open Common Fields, Meadows, Pastures, and other Commonable Lands and Waste Grounds.’

Description from Eden, vol. ii. p. 395 (June 1795).—‘Most of the land belonging to this town lies in 2 large common fields, which are fallowed and cropped alternately: in several parts of these common fields there are large tracts of waste land, upon which a great number of poor people summer each a cow, which in winter go at large in these fields. The Poor complain heavily of the farmers, saying, “That they encroach on their property”; and the farmers say, “That the Poor take the opportunity of eating their corn with their cattle.” Tithes are here taken in kind.’

Parliamentary Proceedings.—March 11, 1801.—Petition for enclosure from various persons, owners, or interested in estates in Louth. Leave given. Bill read twice, and committed on June 5. Same day, Petition of various Freeholders and Proprietors of old inclosed land against the bill; setting forth that there are ‘now more than 750 acres of old inclosed Meadows and Pasture Lands very contiguous to the Town; and that the Soil of these Open Fields is best adapted for Wheat and Beans, of which it produces excellent Crops alternately, and is in a very high State of Cultivation; and that there is no Waste Land, as the Commons are a very rich Pasture, which keep a large Quantity of Cattle, the Property of a great many industrious People, who have Common Rights, and are enabled by their Common Rights to maintain their Families, and increase the Population and Prosperity of the Town of Louth’; and asking the House either to reject the Bill ‘or not to suffer that Part thereof to pass into a Law, which would compel the Petitioners to relinquish Part of their Old Inclosed Land against their Consent, but permit them to remain subject to the Tythes they have hitherto paid.’ Petition referred to the Committee. All to have Voices.

Report and Enumeration of Consents.—June 17, 1801.—Mr. Annesley reported from the Committee that the Standing Orders had been complied with; that the allegations were true; and that the parties concerned had consented ‘(except the Proprietors of Messuages, Cottages and Toftsteads, having Right of Common of the Annual Value of £465, 10s. who refused to sign the Bill, and also except the Proprietors of Messuages, Cottages and Toftsteads having Right of Common of the Annual Value of £177, 15s. who were neuter; and that the Whole of the Property interested in the Inclosure is of the Annual Value of £1670, 12s.).’ The Bill passed both Houses. Royal Assent, June 24, 1801.

Main Features of Act.—(Local and Personal, 41 George III. c. 124.)

Commissioners.—Three appointed. (1) John Renshaw of Owthorpe, Notts, gentleman, on behalf of Tithe owners;

(2) Isaac Leatham of Barton-le-Street, Yorks, gentleman, on behalf of the majority in value of the proprietors of common fields, meadows and commonable Lands and Waste Grounds (tithe owners excluded);

(3) John Parkinson of Asgarby, Lincs, gentleman, on behalf of the majority in value of the proprietors of ancient inclosures and of Common Right Houses and Toftsteads (tithe owners excluded).

Two to be a quorum. Vacancies to be filled by the party represented from persons ‘not interested in the inclosure.’

Surveyor appointed by name. Vacancy to be filled by majority in value of all those interested.

Payment to Commissioners.—2 guineas each a day. Surveyor to be paid what Commissioners think fit.

Claims.—All claims to be delivered in with full particulars at meetings held for the purpose; no claims to be received afterwards except for some special cause. Full notice of a meeting to examine claims to be given. Commissioners can determine on claims, but if any claimant is dissatisfied with their determination he or she can try the matter at law by bringing an action on a feigned issue against any person interested in the Lands. Jury’s Verdict to be final. Defendant’s costs to be borne by all or some of the persons interested, as the Commissioners determine. If no notice of such action is given, then the determination of the Commissioners on claims is final and conclusive. But the Commissioners are not to determine on questions of title which can be tried at law. Such suits are not to impede inclosure, and the allotment is to be set out to the person in possession. Claimants in respect of Messuages, Cottages, Tofts, or Toftsteads need not prove usage of Right of Common.

System of Division—Special Provisions:

The Lord of the Manor (i.e. The Warden and Six Assistants of the Town of Louth and Free School of King Edward the Sixth) to have one twentieth in value of the Waste Lands and other Lands which are not the separate Property of any Person or Persons; in particular a piece of Common called Julian Bower with the Trees on it is to be included as part of the Allotment.

Tithe Owners.—(1) The Worshipful Roger Kedington, M.A., Prebendary of the Prebendal of Louth in Lincoln, impropriator of the Rectory of Louth, and patron of Vicarage; (2) William Hutton, Esq., lessee of above for 3 Lives; (3) Rev. Wolley Jolland, Vicar of Louth, entitled to Vicarage House and Garden and also to a Right of Common, and to small Tythes.

(1) Allotments which Commissioners consider equal in value and a full Compensation for present unenclosed Glebe Lands and Rights of Common.

(2) Such pieces of the Lands and Grounds to be enclosed (of every kind) as shall equal in value ⅕ part of all the open, arable and tillage land ‘(although the same may be occasionally used in Meadow or Pasture)’ ‘and which are not Waste Lands.’

(3) Such pieces of the Lands and Grounds to be enclosed as shall, in Commissioners’ judgment, equal in value all the Great and Small Tythes and other Ecclesiastical Dues on ancient Inclosed Arable and Tillage Lands.

(4) Such pieces of the Lands and Grounds to be enclosed as shall equal in value ⅛ part of all the ancient enclosed Meadow and Pasture Lands, Grounds and Homesteads ‘(not being Glebe Lands, consecrated Burying Grounds, or Orchards or Gardens),’ and of the Near East Field, Far East Field, Great Roarings, Butter Closes, and all other open and commonable Meadow or Pasture Lands, Commons and Grounds to be inclosed which are subject to tithes and ecclesiastical dues.

Arrangements for Owners of Old Inclosures.—(See Petition on March 11, 1801). Owners of old Inclosures who have not sufficient allotments in the land to be inclosed, to contribute from them their proportion of the above Tithe allotments, can either have part of their old inclosures allotted instead (with their consent) or pay such gross sum of money towards the expenses of the Act as the Commissioners direct, whilst a portion of the land to be inclosed is given to the tithe owner.

After this Act the only Tithes which remain are those for Gardens and Orchards, and Tithes of Mills, Pigs, Poultry, Bees and Honey; also Surplice Fees, Easter Offering and Mortuaries are untouched.

For Repair of Roads.—Sufficient pieces or parcels to be vested in the Surveyor of Highways.

For Fairs.—A piece of ground called ‘The Quarry’ is to be allotted to the Lords of the Manor for the holding of Fairs.

Provision for the Poor.—None.

Allotment of Residue.—Amongst the various persons interested with due regard to Quantity, Quality and Situation. No undue Preference to be shown. The open fields to be allotted to their present owners, unless the owners ask for allotment elsewhere.

If an allottee is dissatisfied with his allotment, the Commissioners must hear his complaints, but their determination is final till the Award is made.

The Award is to be drawn up and read over to the Proprietors and all the orders and directions, penalties, impositions, regulations and determinations of the Award are to be final, binding and conclusive on all parties.

If an allottee refuses to accept or molests anyone else who accepts, he or she must pay the penalties decided on by the Commissioners.

The tenure of allotments is to be the same as that of the estate in virtue of which they are claimed.

The grass on the road allotment is to be allotted to such person or persons as the Commissioners direct, or else be applied for some general, Parochial, or other use.

No person is to graze cattle, dig, cultivate or plant in any road or way under penalty of a fine of £3.

Incroachments.—Incroachments 20 years old and over are to stand. Incroachments made within 20 years are to be treated as part of the Commons to be divided, but, if the Commissioners think it fit and convenient they can be allotted to the person in possession, without considering the value of erections or improvements (1) as the whole or part of his allotment; (2) as his allotment, the allottee paying such extra sum of money as the Commissioners think fit (this is supposing the allotment he is entitled to is less in value than the incroachment); (3) for such sum of money as the Commissioners think fit (this is supposing he is not entitled to any allotment).

But if the Commissioners do not think it fit and convenient to allot an incroachment to the person in possession, they may (1) sell it at public auction and apply the money to the purposes of the Act; (2) allot it to someone else, in which case a ‘reasonable’ sum of money is to be given to the dispossessed owner, the new allottee paying the whole or part of it.

Fencing.—To be done by the several proprietors as the Commissioners direct.

Exception.—(1) The Tithe Owners’ allotments are to be fenced by the other proprietors.

(2) In the case of allotments to Churchwardens, Overseers or Colleges, Chantries, Charities, etc., the Commissioners are to fence, deducting such portion of the allotments as is equal to the expenses of fencing and to these allottees’ share of the expenses of the Act.

The portion deducted is to be divided amongst the other Proprietors who have to pay the expenses.

If any allottee refuses to fence, the Commissioners can do it and charge the expenses on the allotment, appointing a Bailiff to receive rents and money.

Expenses.—The expenses of the Act are to be defrayed by all the Proprietors benefited in proportion to the value of their allotments, except the Lords of the Manor and the Tithe owners in respect of their special allotments, and except the holders in trust for public bodies. (These last have had a portion deducted. See Fencing.)

The cost of the survey of the land to be inclosed is to be borne by those interested in it, and the cost of the survey of the old inclosures by the proprietors of old inclosures.

Mortgages are allowed under certain conditions (except to Tithe owners) up to £4 an acre.

Commissioners are to keep accounts which must be open to inspection. A penalty is specified for failure to keep them. Money amounting to £50 is to be paid in to a Banker.

Proprietors (tithe owners excepted) can sell their Common Rights or allotments before the Award.

Compensation.—(1) Leases at Rack Rent of any land to be inclosed, either alone or together with any Messuages, Cottages, Toftsteads, etc., to be void; the proprietor paying the lessee such satisfaction as the Commissioners direct. Exception.—No lease of any Messuage, Cottage, Toftstead, Lands, Hereditaments or ancient Estate in respect of which allotment is made for Right of Common is to be void; but the allotments made to these are to belong to the proprietors who must pay to the lessees such satisfaction as the Commissioners direct.

(2) Satisfaction (adjudged by the Commissioners) is to be given for standing crops by the new allottee, unless the owner of the crops likes to come and reap them.

Satisfaction is also to be given to the occupier for ploughing, tilling and manuring, but no Swarth 6 years old is to be ploughed till allotments are entered on.

(3) If any trees, shrubs, etc., go with the ground to a new proprietor, the old proprietor is to be paid their valuation (as judged by the Commissioners).

Arrangements between Act and Award.—The Commissioners are to have absolute power to determine the course of husbandry.

Roads.—Commissioners to have power to set out and stop up roads and footpaths (turnpike roads excepted), but are to give notice in a local newspaper re public carriage roads, and any person who thinks himself or herself aggrieved can appeal to Quarter Sessions whose decision is final.

If an ancient road or path is shut up, the person for whose accommodation it is shut up may be required by the Commissioners to pay compensation either (1) to person or persons injured or (2) for general expenses of the Act.

Power of Appeal.—To Quarter Sessions only, and not where Commissioners’ determinations are said to be final.

Award.—Date, 1806. Record Office.

Main Features of Award:—

a.r. p.
Whole Area divided out,1701321
Tithe Owners (various allotments), in all,58436[497]
One of the tithe holders also receives,2434
The Lords of the Manor,10924[498]
Lords of the Manor, as Guardians of the Free School,69319
Allotments for repairing roads,203
For Fairs,4112
79518

The remainder is divided out amongst 130 allottees:—

From 50–100 acres4 Above 10 acres 21
From 30–50 acres7
From 10–30 acres10
21
From 1–10 acres 42
From ½ acre-1 acre22Below 1 acre67
From ¼ acre-½ acre10
Below ¼ acre35[499]
67130

The smallest allotments are, Ann Metcalf, Spinster, 14 perches, which she must fence on the N. and W. sides; Ann Hubbard, Widow, 15 perches, which she must fence on the S. and W. sides.

These, like the other small allotments, are in lieu of Right of Common and all other Interest.