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

January 1796

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Image 52 of 733rd December 1795


Value of his Rights: And here it is proper to remark, that in
consequence of the Expence of Division being so much reduced,
as it necessarily must be to those who divide under the proposed
Act, a smaller Proportion, will in fact be more valuable, than a
greater one, under a private Bill, with all the Charges attend-
ing it.

The Proportion of the Common for Tythes, will, it is believed,
be thus ascertained on Principles that cannot well be contro-
verted; and where the Tythes belong to a Lay Impropriator, he
will naturally be induced to improve and cultivate his Allotment;
but when the Tythes are the Property of a Corporation, like the
Church, other Regulations may be necessary; and in the following
Sketch, the Expedient of a Corn Rent is resorted to, as by far the
most unexceptionable, and the happiest Measure that perhaps the
Wisdom of Man could have invented, for consolidating the Inte-
rest of the Church and that of the Public. In case, however, a
Corn Rent cannot be arranged to the Satisfaction of the Church,
at the Moment of Division, Power is given to the Parson, with
the Consent of the Bishop and Patron, to grant Leases, for the
Purpose of having the Allotment of the Church improved, and
a Revenue derived from it.

It is one of the most important Advantages resulting from di-
minishing the Expence of inclosing and cultivating the Wastes
and Commons, that it enables all the other Parties interested, to
do the most ample Justice to the Cottagers and smaller Com-
moners; and to effect so essential an Object, there is a Clause in
the Bill, recommending it to the Commissioners, to annex Plots
of Ground to the several Cottages, and Land sufficient for the
Pasture of a Cow, to the smaller Commoner entitled to that Privi-
lege. These, and other Regulations, as to Fuel, Etc. must de-
pend much upon the Custom of the Common , its Size, and a
Variety of other Circumstances, and it is evident must be referred
to the Discretion and Judgment of the Commissioners who may
be appointed, but who will necessary attend to any Recommen-
dation




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