Middlesex Sessions:
Sessions Papers - Justices' Working Documents
SM | PS

January 1796

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Image 50 of 733rd December 1795


perty, and prevent them from improving their Share of it.When
the great Advantages, however, under which Persons may have
their Property allotted to them, under the proposed Act, are con-
fidered, there is every Reason to hope, that it will rarely happen,
unless in Commons of great Extent, and where the Parties inte-
rested are extremely numerous, that any considerable Minority
will be found to obstruct the Division.

The principal Difficulties which occurred in drawing up the
following Sketch, were, regarding the Appointment of the Com-
missioners, the Share of the Lord of the Manor and of the Lay
Impropriator, and the Interest of the Church.

With regard to the Appointment of the Commissioners, that
Point has been found less difficult than was originally imagined:
For on examination the various Acts of Inclosure, particularly those
of a more recent Date, it appears, that in case the Commis-
sioners therein nominated, either die, or refuse to act, there are
uniformly Provisions for the Election of other Persons in their
Room; and nothing more is necessary, than to give the Parties
interested, the same Power of original Appointment, that they
have, by private Acts, of Re-election, and the Matter is settled on
Principles, sanctioned by long Usage, and by innumerable Acts of
the Legislature . The probable Result will be, the Appointment
of One Commissioner by the Lord of the Manor , of another by
the Tythe Owner, and of a Third by the major Part in Value of
the Proprietors; at the same Time there can be no Objection to
their nominating only One or Two Commissioners, if they think
that Number sufficient.

It appears, upon examination various Bills of Inclosure; for In-
stance, 12 Geo. 1st. (Private Acts) C. 5. Croston and Finney Inclo-
sure, also C. 32. of the same Year, West Haughton Inclosure,
Sherston Magna Inclosure, An. 1742-3, Etc. Etc. ; that the
Division was sometimes referred to a numerous Body of Com-
missioners, Peers, Gentlemen, and sometimes Clergymen re-
siding




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