Report of a Committee appointed to investigate the State of the Town Meadows called “The Lotts,” April 18th, 1834.
“We have seen the land, and behold it is very good.”—Judges xviii. 9.
Mr. Chairman,—Agreeably to the Resolution passed at the last Board relative to the appointment of a Committee to go and view the meadow-land called “the Lotts,” I have now to inform you, Sir, and the Committee at large, that we proceeded thither on Friday morning, and upon arrival, we found the gates locked up; we, however, procured the key of the adjoining lands which communicate with “the Lotts,” of a woman who lives in the late Mr. Brown’s cottage.
After proceeding to the western extremity of the meadow, we found that a large bank had been thrown up at the time of the cutting of the canal, and that by this means perhaps one fourth part of the land had been lost, or taken away to widen the canal; but we were of opinion that this bank might be gradually levelled and sloped down on the meadow below, so as to elevate it, and render it free from inundation, and thus make it more fit for any kind of cultivation or pasture. And we were all moreover unanimously of opinion, that it would be highly desirable to obtain re-possession of this valuable piece of land for the use of the parishioners.
No determination, however, as to the means by which this most desirable object could be effected was formed on this occasion, and I am humbly of opinion that the Committee must continue their earnest endeavours, in order to obtain all possible evidence upon this difficult and complicated case. It seems proper to observe, in this stage of the business, that “the Lotts” are Lammas Land, and have been for ages appurtenant to the Manor of Chelsea. The Lord of the Manor possesses the right of letting the land on lease, for the Spring and Summer quarters, beginning with March and ending in August; and the inhabitants at large enjoy the privilege of turning in their cattle from August till February, being the Autumn and Winter quarters. This state of appropriation continued till the year 1825 or 1826, when the Directors of the Kensington Canal Company took unlawful possession of them for their own use, immediately upon the completion of their Canal; and they have illegally detained them ever since, and have let them successively to several persons, and received rent for the same. It now, therefore, becomes a question, by what authority they have shut out the ancient inhabitants, landowners, and householders from their undoubted privilege of turning in their cattle to graze, a privilege which they have uninterruptedly enjoyed for a succession of ages, and which they are confident has never been on their part either invalidated or annulled.
It must not, however, be concealed on this occasion, that it has been confidently reported from many quarters that money was offered to the parishioners for the surrender of their rights to these lands, by the Directors of the Canal Company; and that money was accepted by the Churchwardens of that time; for their Act of Parliament specially declares that the Churchwardens, Overseers, and four Freeholders appointed in Vestry, only shall receive and be accountable for all monies paid for land under this act.
But after the most diligent enquiry relative to any money transactions, or to the execution of any bond, or deed, or lease, or assignment, we have the affirmation in writing of one of the then Churchwardens, denying the receipt of any money, or compensation whatever; and as this Churchwarden is a man of probity, we are, of course, bound to place every degree of confidence in his averment. It is also necessary to mention, that the Directors of the Kensington Canal Company have become bankrupt since the completion of the Canal, and that any legal proceedings on our part to endeavour to obtain any money from them, either as compensation for damages done to the lands, or for rent, would only involve the parish in useless expense.
Your Committee, therefore, after a most careful and diligent investigation, are of opinion that it would be prudent to wait patiently until the twelfth day of August next, and on that day those inhabitants who have been accustomed to turn in their cattle to graze, should proceed thither with some horses and cows, preceded by the Parish Beadle, Rector, Churchwardens, Overseers, and such Members of the Parochial Committee, and other inhabitants, as may think proper, and if upon their arrival they find the gates locked up, they be ordered to break them open, and turn in their cattle as they have been accustomed to do from time immemorial.
In conclusion, permit me to apologize to you, Sir, for the length of this Report, and humbly to hope that the extreme importance of the case affecting the ancient and undoubted privileges of the inhabitants of this Parish will form a sufficient apology; and finally, permit me to hope, Sir, that you and every other Member of this Committee will cordially and zealously assist me in my earnest endeavours to obtain the re-possession of these lands.
Resolved, unanimously, that the thanks of the Committee be given to Mr. Faulkner for his able Report, and that it be entered in the Minute Book, and printed and circulated throughout the Parish.