Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1882-01-26
A Lawyers Opinion Of tho Gov
ernor's Message.
From the Aiken Recorder.
WIlLlsToN, S. G., January II, lSs

WlLMsToN, S. c., January II, 1882.
thiuk it an unfortunate contretem ps
that Governor IIngood in his message of
January ] lth, after returning the bill cs-
tatlishiug the stock law in this State with
his approval, as an "enipcntly wise and
judicionsly progressive measure;" should
have kicked the pail over, by suggestion
as to commons of posturage, which mover
has had and uovor will have rccog-
milton hero even under tho Common Law.
Commons of pasture is q very ancient
incorporeal hercditameut known to Eng
land, Sweden and other Scandinavian coun.
tries. 1t had its origin in the feudal sys-
tenn in England, for, as Blackstone says.
"Whcre lords OF manors granted out par
cels of lands to tenants, for services either
done or to be done, these tenants could not
plough or manure the land without beasts;
these beasts could not be sustained without
pasture; and pasture could not be had but
in tho lords wastes and on the uneuoosed
filow grounds Of themselves aud the other
tenants.' It wns, therefore, an incident
to the gr"nt of lands This was commone
appendant
Commons appurtenant was also a righ.
incident to freehold, and extended to other
lordships, and could only spring from i'm
memorial usages.
Commons by vicinuage or neighborhood
was only permissive right, and trespass
permitted and winked at by the law, which
was really the condition of South Carolina
before the passage of the stock act
Commons in gross had reference merely
to the fluctuation of the stock on any
mans land, but was always limited by
the capacity of the tenants own posses.
sions to sustain such stock during tho win.
ter mouths.
Commons without stint, which is the
kind of commons claimed by the opponents
of tho stock law, never existed even in
England, and was at a very early period de-.
clared by the Courts of Westminster not TO
exist in law
TIE falluoy Of Governor lIngood's argu-
mont lies IN this: If any such rights OK.
isted in this State which Of course deny
these being incorporcal heredtamcnts
they are species of property which no
legislative act can take away without COM.
pensation; hut as incorporcal hcredtameut,
commons OF pasture have never been reo-
ognizcd either by the judicial or legislative
authority Of this State. 1t must be re-
membercd that if the right be recognized,
tho owner Of the land cannot even fcnco
his unenclosed or waste land to tho total
exclusion of the one claiming commons.
Such is now the law of England, and in
order to render large tracts of commons
more beneficial to society by cultivation,
inolosure commissioners for England and
Wales have been appointed by Parliament
whose duties are to enclose these commons
and partition tho alotmcuts between
the lord of the manor and tho oommoners
1t will be readily seen, therefore, that
the Executive suggestion of commons of
pasture is an absurdity 10 this State, where,
if any commons exist at all, it is without
stint, species positively placed beyond
the Common Law of England. The log
icaI sequence Of the whole suggeston is not
commons but communism, result very far
from entering the mind of such man as
Governor lIagood, as either desired or de-
desirable. KAPPA.
ANNOYANCE AVOIDED Gray hairs arc
honorable, but their premature appearance is
annoying. Parker's Hair Balsam prevents
the annoyance by promptly restoring its
youthful color,