No. 3.

3 & 4 Ed V1.c.3.

Houses built upon Wastes with 3

Acres of Ground.

V. And where in divers Counties of this Realm there hath been builded upon Commons or waste Grounds, certain necessary 'Houses with Ground under the Quantity of three Acres, and not ' above three Acres enclosed to and with the same; and in some Place 'there is enclosed a Garden, Orchard or Pond, out of or in such 31 El, c. 7. 'Wastes or Grounds which exceed not the Quantity of two Acres, or 'thereabouts, which doth no Hurt, and yet is much Commodity to the Owner thereof and to others;' Be it therefore enacted by the Authority aforesaid, That the said two former Acts, nor any of them, nor any Thing in them or any of them contained, shall extend to any such House, Ground or other Thing so inclosed as is last herein before mentioned, ne shall cause any Person or Persons to lose or forfeit any Pain, Damage or Penalty for the same.

The Overplus above three Acres

VI. Provided always, and be it enacted, That if any such House hath been heretofore builded upon any such waste Ground as is aforesaid, and that there be above the Number of three Acres enclosed to shall be laid open. the same, that then the said House, and three Acres Parcel of the same Enclosure, shall still remain, stand, abide and continue in like and the same Form and Degree as it now doth; and that the Overplus of the said three Acres so enclosed as is aforesaid, shall and may be laid open by the Owner or Owners of the same Wastes; any Thing in this Act, or in any of the said former Acts to the contrary in any wise notwithstanding.

No. 4.

29 George II. c. 36.-An Act for inclosing by the mutual Consent of the Lords and Tenants, Part of any Common for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees.

W HEREAS by the Statute made at Merton, it was provided 29 Geo. II. c. 36.

and granted, That Lords of Wastes, Woods and Pastures in

which their Tenants have Common of l'asture, reserving to their Statute of Merton. * Tenants sufficient Pasture, as much as belongeth to their Tenements, 'with sufficient Ingress and Egress to the same, may approve the Re'sidue of such Wastes, Woods and Pastures: And whereas by a 'Statute made in the thirteenth Year of the Reign of King EDWARD 'the Third, commonly called The Statute of Westminster the Second, 13 Ed. 3, c. 46. 'it was ordained, That the said Statute of Merton should hold Place 'between Lords of Wastes, Woods and Pastures, and their Neigh'bours, having Common Appurtenant therein; and Provision is thereby made against casting down Dikes and Hedges levied by such as have Right so to approve: And whereas by an Act made in the 'third and fourth Year of the Reign of King EDWARD the Sixth, intituled, An Act concerning the Approvements of Moors and Waste Grounds; the said Statutes, and all Articles thereof, then not re'pealed, were confirmed: And whereas the said Provisions for the Approvement of Wastes, Woods and Pastures, have been in many 'Cases rendered ineffectual, by the Contradiction and Dissent of a few Persons having Right of Common in the said Wastes, Woods and Pastures; who under Pretence that sufficient Pasture is not re'served to them, disturb the Lords of such Wastes, Woods and Pastures, or their Assigns, in the Possession of the Ground and Soil approved, and discourage them from asserting their Right to make

3&4 Ed. 6, c. 3.

No. 4.

£9 Geo. II. c. 36.

35 H. 8, c. 17.

20 Car. 2, c. 3.

9 & 10 W. 3,

c. 36.

or continue such Approvement: And whereas the General Provisions made by an Act of the thirty-fifth Year of the Reign of King HENRY the Eighth, and by several other Acts of Parliament, for preserving Woods; and the particular Provisions made by two several Acts of Parliament of the twentieth Year of the Reign of King CHARLES the Second, intituled, An Act for the Increase and Preservation of Timber within the Forest of Dean; and the Other of the ninth and tenth Year of the Reign of King WILLIAM the Third, 'intituled, An Act for the Increase and Preservation of Timber in the New Forest, in the County of Southampton; whereby Part of the Waste Lands of the said several Forests are directed to be inclosed ' and kept in Severalty for the Growth and Preservation of Timber, have not been duly put in Execution: And whereas, for want of a proper Supply of Timber of the Growth of this Kingdom, a great Quantity of foreign Timber is necessarily used for building Ships and Houses, and for other Purposes; and the general Price of Timber and Wood is greatly increased: And whereas many Tracts of Waste Land, unfit for Tillage or Pasture, but capable of producing different Kinds of Trees, may conveniently be inclosed for the Growth of Timber and Underwood, to the Advantage both of the Owners of the Ground and Soil of such Wastes, and also such as have Right of Common therein; and such Inclosure will also be of public Utility; Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and and by the Authority of the same, That it shall and may be lawful Persons having to and for his Majesty, his Heirs and Successors, and all other Owners Right of Common, of Wastes, Woods and Pastures, in that Part of Great Britain called

Proprietors of Wastes, &c

may inclose for planting and pre

serving Tunber,

&c.

pence be agreed to

England, wherein any Person or Persons, or Body or Bodies Politic or Corporate, hath or have Right of Common of Pasture, by and with the Assent of the major Part in Number and Value of the Owners and Occupiers of Tenements to which the said Right of Common of Pasture doth belong, and to and for the major Part in Number and Value of the Owners or Occupiers of such Tenements, by and with the Assent of the Owner or Owners of the said Wastes, Woods and Pastures, and to and for any other Person or Persons, or Body Politick or Corporate, and with the Assent and Grant of the Owner or Owners of such Wastes, Woods and Pastures, and the major Part in Number and Value of the Owners and Occupiers of such Tenements, to inclose and keep in Severalty, for the Growth and Preservation of Timber or Underwood, any Part of such Wastes, Woods and Pastures, for such Time, and in such Manner, and upon such Conditions, as shall be agreed by them respectively.

II. Provided nevertheless, and be it enacted by the Authority If any Recom- aforesaid, That in case any Recompence shall be agreed to be given be given; in what for such Inclosure, to or to the Benefit of the Owners and Occupiers Mannes same is to of Tenements, to which the Right of Common in such Wastes, be made and ap Woods and Pastures doth belong, such Recompence shall be made plied.

either by a Grant of a Share of the Profit which shall arise from the Sale of the Timber or Underwood growing on the Ground or Soil so inclosed, or by a Grant of other Lands, Tenements or Hereditaments; or by some Annuity or Rent-charge issuing out of the said Ground or Soil inclosed, or out of other Lands, Tenements or Hereditaments; or shall be paid in Money, to be placed out at Interest on publick Securities, or laid out in the Purchase of Lands, Tenements or Hereditaments, or of some Annuity or Rent-charge issuing out of Lands, Tenements or Hereditaments; and the Production of such Lands, Tenements or Hereditaments, or such Annuity or Rent-charge, or the Interest of such Money, until the same shall be laid out in such

No. 4.

how Recompence

Purchase as aforesaid, shall be paid from Time to Time to the Overseers or Overseer of the Poor of the said Parish or Township, and 29 Geo. II, c. 36. shall be by them or him applied towards the Relief of the Poor of the Parish or Township where such Wastes, Woods or Pastures shall lie, and accounted for in such Manner as the Rates for Relief of the Poor are by Law directed to be accounted for; and in case the Owner or Owners of any such Wastes, Woods or Pastures, and the major Part If Lords and Tein Number and Value of the Owners and Occupiers of the Tenements pants join, &c. to which such Right of Common doth belong, shall jointly agree to is to be made to assign and grant their respective Right and Interest in any Part of the the Lord, &c. said Wastes, Woods or Pastures, for the Purpose of making such Inclosures as aforesaid, to any other Person or Persons, or Body Politick or Corporate; and the Owner or Owners of such Wastes, Woods and Pastures, shall not have an Estate in Fee-simple therein, or shall be disabled or restrained from alienating the same, the Recompence to be paid to any such Owner or Owners, shall be either by a Grant of a Share of the Profit which shall from Time to Time arise from the Sale of the Timber or Underwood growing on the Ground or Soil so inclosed, or by a Grant of other Lands, Tenements or Hereditaments, or of an Annuity or Rent-charge issuing out of the said Ground or Soil so inclosed, or out of other Lands, Tenements or Hereditaments; such Equivalent to be held and enjoyed by the Owner or Owners of such Wastes, Woods and Pastures, and such as shall be intitled to the same in Reversion, Remainder, or Succession, in like Manner as the Estate in such Wastes, Woods or Pastures, is limited to be held and enjoyed; and in case the Inhabitants of any Parish or Township Parish willing to shall be willing to acquire such Right of Inclosure, for the Employ- purchase for Emment and Benefit of the Poor of the said Parish or Township, and ployment of their any Recompence shall be agreed to be given for the same, it shall and may be lawful for the Overseer or Overseeers of the Poor of such Parish or Township (by the Consent and Direction of the major Part of the Inhabitants thereof, assembled at a Vestry or publick Meeting to be held for that Purpose, publick Notice being first given of such intended Vestry or Meeting, in the Church or Chapel belonging to such Parish or Township, on three Sundays at the least before such Vestry or Meeting shall be held) to pay or purchase such Recompence Recompence, &c. out of any Monies arising from the Rates raised or to be raised, for to be paid out of the Relief of the Poor; and out of such Monies to pay from Time to Time such Charges and Expences as shall be necessary for inclosing and preserving such Grounds so inclosed; and such Overseers or Overseer shall from Time to Time apply the Profit which shall arise from the Sale of the Timber or Underwood growing thereon, towards the Relief of the Poor of the said Parish or Township; and shall account for the same in like Manner as he and they is and are by Law obliged to account for the Rates collected for the Relief of the Poor.

III Provided always, That every Agreement for any such Inclosure shall be in Writing, and signed by the Parties, and the same shall be registered and inrolled by the Clerk of the Peace for the County, Riding, or Division where such Wastes, Woods or Pastures, or the greater Part of them shall lie, within three Months next after the Execution of such Agreement.

IV. Provided also, and be it enacted, That it shall and may be lawful to and for all Persons or Bodies Politick or Corporate, who shall think themselves injured or aggrieved by such Agreement, or for any Persons in their Behalf, within six Months next after any such Agreement shall be registered and inrolled in Manner aforesaid, 10 make Complaint thereof by Appeal to the Justices of the Peace at any Quarter Sessions to be held for the same County, Riding or Division, who are hereby authorized and required to hear and deter

Poor,

Poor's Rate, &c.

Appeal.

No. 4.

mine such Appeal, and whose Determination therein shall be final; 29 Geo. 11. c. 36. and if no such Appeal shall be made, then the said Agreement so In Case no Apt registered and inrolled as aforesaid shall be for ever binding to all Perto stand good. sons whatsoever, without any further or other Appeal.

peal, Agreement

Bodies Politick,

cred to agree.

V. And be it further enacted by the Authority aforesaid, That it Guardians, and shall and may be lawful to and for all Bodies Politick or Corporate, Trustees, impow whether Aggregate or Sole, and all Feoffees in Trust, Executors, Administrators, Guardians, Committees or other Trustees whatsoever, for and on the Behalf of any Infants, Femes Covert, Lunaticks, Ideots or other Persons whatsover, and the Husbands of Femes Covert, who shall be seised, possessed of or interested in any such Waste, Wood or Pasture, or any Right of Common in such Wastes, Woods or Pastures, to agree to any such Inclosure; and all such Agreements so made, shall be valid to all Intents and Purposes; and such Bodies Politick or Corporate, Feoffees in Trust, Executors, Administrators, Guardians, Committees and other Trustees and Husbands of Femes Covert, shall be indemnified for what they shall so do by Virtue of this Act.

If Trees be unlawfully cut destroyed,

VI. And be it further enacted by the Authority aforesaid, That or if any Person, from and after the Time hereby limited for bringing such Appeal against any such Agreement for the Inclosure of any Part of such Wastes, Woods or Pastures, shall either by Day or by Night unlawfully cut, take, destroy, break, throw down, bark, pluck up, burn, deface, spoil or carry away, any Trees growing within any such Inclosure, without the Consent of the Owner or Owners thereof, such Owner or Owners shall have such Remedy, and have and receive such Satisfaction and Recompence of and from the Inhabitants of the Parishes, Towns, Hamlets, Villages or Places adjoining to such Inclosures, and recover such Damages against the Inhabitants of such Parishes, Towns, Hamlets, Villages or Places adjoining, and in the same Manner and Form as is directed for Dikes and Hedges overthrown by the said Act made in the thirteenth Year of the Reign of King EDWARD the First, unless the Offender or Offenders shall be convicted of such Offence within the Space of six Months next after the Commission thereof.

Damages to be made good by

the adjoining Pa. rishes; unless, &c

Justices, or at the

c. 16.

which this Act is

VII. And be it further enacted by the Authority aforesaid, That Offences to be de- it shall and may be lawful to and for any two Justices of the Peace of termined by two the County, Riding, Division, City, Town, Liberty or Place, wherein Sessions. Penalty any such Offence shall be committed, or for the Justices of the Peace on Conviction, the for such County, Riding, Division, City, Town, Liberty or Place, in same as by 6 G.I. open Sessions, upon Complaint to them made, to cause every such See farther 31 Offender to be apprehended for such Trespass, and to hear and deterGeo II. c. 41. by mine the same, and to inflict the like Penalty and Punishment on every Offender by them convicted, as is directed to be inflicted on Offenders by an Act made in the sixth Year of the Reign of his late Majesty King GEORGE the First, intituled, An Act to explain and amend an Act passsed in the first Year of his Majesty's Reign, intituled, (1) An Act to encourage the planting of Timber Trees, Fruit Trees, and other Trees for Ornament, Shelter or Profit; and for the better Preservation of the same; and for the preventing the burning of Woods; and for the better Preservation of the Fences of such Woods.

amended.

Trees on common.

VIII. And be it further enacted by the Authority aforesaid, That able Grounds in if any Person, from and after the first Day of July, One Thousand like Manner, &c. Seven Hundred and Fifty-six, shall unlawfully cut, take, destroy, break, throw down, bark, pluck up, burn, deface, spoil or carry away any Tree growing in any Waste, Wood, or Pasture, in which any

(1) See this Act as referred to in the Chronological Table,

No. 4.

Person or Persons, or Body or Bodies Politick or Corporate, hath or have Right of Common, every such Offender shall and may be in like 29 Geo. II. c. 36. Manner convicted of such Offence, and shall incur the like Penalty.

IX. And whereas by an Act made in the ninth Year of the Doubt arising on Reign of his late Majesty King GEORGE the First, intituled, An 9 Geo. I. c. 29, *Act for the more effectual punishing wicked and evil disposed Persec. 7, obviated, sons going armed in Disguise, and doing Injuries and Violence to the

Persons and Properties of his Majesty's Subjects, and for the more

easy bringing Offenders to Justice; it is amongst other Things 'enacted, That the Inhabitants of every Hundred within that Part of 'Great Britain called England, shall make full Satisfaction and Amends to all and every Person and Persons, their Executors and 'Administrators, for the Damages they shall have sustained or suffered by the cutting down or destroying any Trees which shall be done or committed by any Offender or Offenders against the said Act, to be recovered in Manner as by the Act is directed: And whereas 'Doubts have arisen whether the Provision made by the said Act 'made in the ninth Year of the Reign of his said late Majesty, has not repealed and annulled the Remedy given by the said Acts of the first and sixth Years of the Reign of his said late Majesty :' For obviating the said Doubt; Be it enacted by the Authority aforesaid, That from and Remedy for and after the first Day of July, One Thousand Seven Hundred and Damages mention Fifty-six, it shall and may be lawful for any Person, or Body Politick ed in the said or Corporate, to take Remedy for the before mentioned Damages taken according to either against the Parish, Town, Hamlet, Vill or Place, where any of the Acts of 1 G. I. the said Offences shall be committed, according to the Powers given c. 16. by the said Acts of the first or sixth Years of his said late Majesty's Reign, or on the Hundred wherein any of the said Offences shall be committed, as to such Person, or Body Politick or Corporate shall seem most meet; any Thing in the said Act made in the ninth Year of the Reign of his late Majesty to the contrary notwithstanding.

X. And be it further enacted by the Authority aforesaid, That if any Action shall be brought against any Person for any Matter or Thing done by Virtue or in Execution of this Act, the Defendant or Defendants in every such Action shall and may plead the General Issue, and give this Act, and the special Matter or Evidence, on any Trial to be had in such Action; and if the Plaintiff or Plaintiffs shall discontinue the Action, or become nonsuit, or if Judgment shall be given against such Plaintiff, then the Defendant or Defendants, in every such Action, shall recover treble Costs of Suit.

Clause, may be

c. 8, and 6 G. 1.

General Issue.

Treble Costs.

No. 5.

31 George II. c. 41.-An Act to amend and render more effectual an Act passed in the twenty-ninth Year of his present Majesty's Reign, intituled, An Act for inclosing, by the mutual Consent of the Lords and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and jor more effectually preventing the unlawful Destruction of Trees.

several Clauses in

HEREAS by an Act made in the twenty-ninth Year of the 31 Geo. II. c. 41. Reign of his present Majesty, intituled, An Act for inclosing, Preamble. reciting by the mutual Consent of the Lord and Tenants, Part of any Com- Act 29 G.II. c 36. mon, Jor the Purpose of planting and preserving Trees, fit for