The Sun.
London, England, 1846-04-02 00:00:00

4

THE INCLOSUBE COMMISSION.
...REPORT OF THE COMMISSIONERS.
TO THE RIGHT HON. THE SECRETARY OF STATE FOR THE
HOME DEPARTMENT.
We have the honour to forward to you, as one of her
Majesty's principal Secretaries of State, pursuant to the
provisions of the Act passed in the Bth and 9th years
of the reign of her present Majesty, c. 118, a general re-
port of our proceedings, specifying such matters as are
thereby directed ; which report contains a schedule, as a
form most easy of reference, by which will be seen the
time each inclosure proceeding has occupied in its several
stages, which has necessarily varied according to the
circumstances of the different cases. The number of
applications of all kinds to this office has been 46, of
which 42 have been for inclosures ; of these 31 we are
led to believe will require the previous authority of Par-
liament, and 11 will not. There is one for the conver-
sion of stinted into hegulated pasture, one for the eso
change of lands, and two to complete proceedings tinder
the local Acts. 28,231 acres 1 rood, 22 poles, is the
quantity of land comprised in the applications exclu-
sively of those relating to local Acts and exchange.
Oar report of any opinion as to the expediency or in-
expediency of inclosure is necessarily confined to those
cases with respect to which the proper assents have been
given to the provisional order. We have in the
schedule given precedence to all those cases which it is
confidently expected will require the previous authority
of Parliament; of these, taking first such as fall under
the 14th section of the Act, in the order observed
therein, and followed with those cases which do not re-
quire the previous authority of Parliament. In addition
to this general sta'ement in the schedule, we proceed
now to report specially on these cases (No. 1 to No. 7
inclusive) requiring the previous authority of Parlia
meat, to which the proper assents to the provisional
orders have been given, the special grounds on which
we think such inclosures expedient ; and in those cases
where no allotments are made for exercise and recrea-
tion, or for the labouring poor, the grounds on which
we have abstained from requiring such approbation;
and afterwards on case No. 8, which does not require
the previous authority of Parliament, and the grounds
on which we think such inclosure expedient.
An application has been made for the inclosure of
Milton Common-fields, containing 2,090 acres, of which
part is waste of a manor, on which the tenants have
rights of common. We consider this inclosnre expe-
dient on the grounds that the open arable land will be
doubled in value by allotting, inclosing, and draining it,
and the meadows and commons in a still greater degree,
and the population fully employed ; and besides the
village green of six acres being allotted for exercise and
recreation, eighteen acres are allotted for the labouring
poor, which, under the circumstances of this case, will
be most beneficial to them.
Also for the inclosure of Worsthorne Common, con-
taining 2,425 acres, on which rights are exercised at
all times of the year, not being limited by number
or stint. We confider this proposed inclosure expedient
on the grounds that the value of the land will be in-
creased by drainage and proper cultivation in a four-
fold degree, and very grc at additional employment will
be given to the population ; that, in addition to allot-
ments for labouring poor, the village green, which is
surrounded by cottages, and in a miserable and dirty
state will be allotted to the churchwardens and over-
seers, improved, and kept in order.
Also for the inclosure of Newton Commons, containing
260 acres waste of a manor on which the tenants have
right* of common. We consider this proposed in-
closure inexpedient on the ground that the land is at
present of very little value, but capable of very great
improvement, and that it will lead to much increased
employment of labour. In this case there is an allot-
ment for labouring poor, which is desirable, as they are
badly off for gardens; but we have not thought it ex-
pedient to allot any portion for exercise and recreation,
on the ground that the land, from its locality, is ill
suited fur that purpose, and such alone as could be made
use of is in strips and unfit for it, but of considerable
importance to the farm-houses, as being calculated to
form homesteads for them.
Also for the inclosure of Instow Marsh, 59a. Or. 18p.
waste of a manor on nhich the tenants have rights of
common. We thick this inclosure expedient on the
ground that the land will be greatly improved, espe-
cially by drainage, and that the old inclosed land, which
also is in a wet state, will derive the benefit of the out-
fall into the river Taw, which is secured by the pre-
visional order, and that it will lead to an useful applica-
tion of capital and labour.
Also for the inclosure of Arely Common, 59a. 3r. 14p.
waste of a manor on which the tenants have rights of
common. We consider this proposed enclosure expe-
dient on the ground that the land is now almost wholly
unproductive, but euseeptiVe of great improvement, and
that it will benefit all classes. The allotment in this
case of five acres to the labouring poor is made with a
view to an exchange of part of it for land near the dwel-
lings of a portion of the labouring poor, who reside
chiefly in two different places.
Also for the inclosure of Salcombe-hill and Northern-
hill, 209 a. 3r. 12p. waste of a manor on which the ten-
ants have rights of common. We consider this proposed
inclosure expedient on the grounds that the land is at
present in a most neglected and unproductive state,
though, for the most part, capable of being made as
good as the old enclosures adjoining, and would lead to
a very useful application of labour and capital.
Also, for the inclosure of Corley Moor, containing
50s. 2r. 15p. waste of a manor on which the tenants
have rights of common. We consider this proposed in-
closure expedient on the grounds that by drainage and
cultivation the productive powers of the land would be
much increased, and all parties benefited. In this case
no allotment for exercise and recreation, nor for the la-
bouring poor, is required by the provisional order. Our
reasons for this are, that there is no part of the land
convenient for exercise and recreation, whilst there are
above two acres of land left untouched by this inclosure,
admirably adapted for this purpose, and because the
poor, who live where they could reap kenefit from garden
allotments, are in possession of large gardens and othe r
inclosures, originally, as it appears, a part of the common.
And application has also been made for the inclosure
of Methweld and Southery Common, containing 135
acres, which does not require the previous authority of
Parliament. In this case a notice was issued on the 27th
of January instant, that we intended to authorise the
inclosure. We are of opinion that this proposed inch,-
sure is expedient on the grounds that the land would be
greatly improved, a proper road to it insured, and that
it will afford profitable employment to the owners, who
are chiefly labourers, and who are anxious for it.
We have, in accordance with that which we conceived
to be the spirit of the Act, by inviting the parties inte-
rested to avail themselves on all occasions of the assist-
ance of this office, endeavoured to carry on the proceed-
ings of each proposed inclosure at the least possible ex-
pense, and with as little delay as has been compatible
with the proper conduct of each case, and due regard to
all rights, however small they may have been.
As regards the allotments for exercise and recrea-
tion, and for the labouring poor, inasmuch as the In-
closure Act requires, as to certain descriptions of land,
that when allotments for such purposes are not to be
made, the inclosure commissioners should state spe-
cifically their reasons for such a course being adopted,
we conceived that the intentions of the Legislature
could only be carried out in their t, ue spirit by meking
generally such allotments a condition of the inclosnre
of land liable to such condition, We have, therefore,
unless some cogent reason has been shown for a de-
parture from the rule, caused allotments to be set out
for these purposes in the various cases of such inclo-
sures, with respect to which a provisional order has
been issued, and we have, in adopting such a rule,
in some cases where the land does not appear con-
venient for such a purpose, taken into our con-
sideration the probability of such allotment being
exchanged for inclosed land more appropriate ; as,
if the inclosure had been permitted to proceed with-
out any provision for recreation or garden ground,
tthe opportunity of such provision would have
passed away. In some of these cases there has t,een,
in the first instance, an objection on the par's Of those
interested in the land to the appointmeeir of any part of
it for such purposes, they consPeeeing
we have, however, the satisfa it unnecessary
'Limn to state, in every such
case, on further commur cation and fuller explanation,
the views, as we buie'rotesveevwoho tilateaLi:,gislature have been
acquiesced in 13-4,
which leads e
UT
to
them in a
oxneathtt,
different liglee, and in spirit
when the provisions relating to this matter
grotreds of them are perfectly understood, no reasonable'
preposition will meet with opposition.
The short time which had elapsed since the passing of
the act, and the ignorance as to its existence on the part
of some, a misapprehension as to its provisions, and of
the expenses attending inclosures under it with regard
to others, have, we doubt not, limited the number of
cases to those on which we have now to report ; but as
. we find in these among the applicants for enclosure, per-
sons of all classes, and enjoying a very disproportionate
of interest, and in one case, to which the assets
given, the rights enjoyed chiefly by labourers,
addition to this, that there is no case yet, as we
:on to believe, which will be abandoned for the
the necessary assents to tho provisional order,
viction is that the country will generally avail
,he provisions of the Act ; and that conviction
Led by the spirit in which we have been met by
!rested in the different eases of inclosure with
have to deal, even on those occasions when it
ecessary to di3cuss points of difference, and to
:ainst the opinion of those with whom such dis-
nussioi ad taken place.
As far as we have been able to judge from the limited
experience affirded us, we find the machinery of the
Act generally adequate to carry out its objects, except
where a question arises whether the soil, or a portion
thereof, is not in the lord of the manor, or where the
manor is claimed by adverse parties ; and we would
further observe, that when, according to the provisions
of the Act, the allotment to the lord is set forth in the
provisional order, which, by information subsequent
to the assents, is shown to have been improperly. done,
or should a claim as lord be advanced at this late
period, and be substantiated, inasmuch as the inclo-
sure commissioners have no power to iSSUo a supple-
mental provisional order, they are not aware how that
which may afterwards turn out to be an error in the
provisional order can be remedied, which 3 error was on
their part inevitable, as on the facts disclosed upon the
investigation as complete was
awarerusi hle, the prov:sional
e
order was correct ; nor are they'3/ an inclosure,
where such mistake has occurred, can without
a fresh application, entailing an additional
the parties interested; and the same inconvenience may
arise where other claims are unexpectedly esnheeewn-to".
exist at an equally late period.
Sorz.—We are not in a condition to state, with any
great degree of accuracy, the expenses which will be
incurred in respect of inclosures generally with which
we are now proceeding up to the time, and inclusive of
the proper assents being given to the provisional order ;
and 1c is probable that the cost of each to which such
assents have already been given may not be a just cri-
terion of other cased, as We have been enabled, with Pe

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