Will a farmer give up his right of commonage?
I will not dispute their meaning[349]; but the poor look to facts, not meanings: and the fact is, that by nineteen enclosure bills in twenty they are injured, in some grossly injured. It may be said that commissioners are sworn to do justice. What is that to the people who suffer? It must be generally known that they suffer in their own opinions, and yet enclosures go on by commissioners, who dissipate the poor people's cows wherever they come, as well those kept legally as those which are not. What is it to the poor man to be told that the Houses of Parliament are extremely tender of property, while the father of the family is forced to sell his cow and his land because the one is not competent to the other; and being deprived of the only motive to industry, squanders the money, contracts bad habits, enlists for a soldier, and leaves the wife and children to the parish? If enclosures were beneficial to the poor, rates would not rise as in other parishes after an act to enclose. The poor in these parishes may say, and with truth, Parliament may be tender of property; all I know is, I had a cow, and act of Parliament has taken it from me. And thousands may make this speech with truth.
8. Enclosure Consolidating Act [Statutes, Geo. III, 109], 1801.
An Act for consolidating in one act certain provisions usually inserted in acts of inclosure; and for facilitating the mode of proving the several facts usually required on the passing of such acts.
II. No commissioner shall be capable of being a purchaser of any part or parts of the lands, tenements, or hereditaments within any parish in which the lands and grounds intended to be inclosed are situate, either in his own name, or in the name or names of any person or persons, until five years after the date and execution of the award to be made by any such commissioner or commissioners.
IV. And be it further enacted, that a true, exact, and particular survey, admeasurement, plan, and valuation, of all the lands and grounds to be divided, allotted, and inclosed by any such act, and also of all the messuages, cottages, orchards, gardens, homesteads, ancient inclosed lands and grounds, within any such parish or manor, shall be made and reduced in writing, by such commissioner or commissioners, or by such other person or persons as he or they shall nominate and appoint, as soon as conveniently may be, for the purposes of such act.
VI. And be it further enacted, that all persons, and bodies corporate or politic, who shall have or claim any common or other right to or in any such lands so to be inclosed, shall deliver or cause to be delivered to such commissioner or commissioners, or one of them, at some one of such meetings as the said commissioner or commissioners shall appoint for the purpose (or within such further time, if any, as the said commissioner or commissioners shall for some special reason think proper to allow for that purpose) an account or schedule in writing, signed by them, or their respective husbands, guardians, trustees, committees, or agents, of such their respective rights or claims, and therein describe the lands and grounds, and the respective messuages, lands, tenements, and hereditaments, in respect whereof they shall respectively claim to be entitled to any and which of such rights in and upon the same or any part thereof, with the name or names of the person or persons then in the actual possession thereof, and the particular computed quantities of the same respectively, and of what nature and extent such right is, and also in what rights, and for what estates and interests, they claim the same respectively, distinguishing the freehold from the copyhold or leasehold; or on non-compliance therewith, every of them making default therein shall, as far only as respects any claim so neglected to be delivered, be totally barred and excluded of and from all right and title in or upon such lands so to be divided respectively, and of and from all benefit and advantage in or to any share or allotment thereof.
[All objections must be delivered in writing to the commissioners before the meeting appointed to consider objections.]
VII. Provided also, and be it further enacted, that nothing herein contained shall authorise such commissioner or commissioners to hear and determine any difference or dispute which may arise, touching the right or title to any lands, tenements, or hereditaments, but such commissioner or commissioners shall assign and set out the several allotments directed to be made unto the person or persons, who, at the time of the division and inclosure, shall have the actual seisin or possession of the lands, tenements, or hereditaments, in lieu or in right whereof such allotment shall be respectively made.
[VIII. Commissioners, before making any allotments, to appoint public carriage roads, and prepare a map thereof to be deposited with their clerk, and give notice thereof, and appoint a meeting, at which, if any person shall object, the commissioners, with a justice of the division, shall determine the matter.]