An Introduction to the Industrial and Social History of EnglandCheyney, Edward Potts
History
An Introduction to the Industrial and Social History of England
Cheyney, Edward Potts
Great Britain -- Economic conditions; Great Britain -- Maps; Industries -- Great Britain
In 1871, in one of the cases which had been appealed, the Lord
Chancellor laid down a principle indicating a reaction in the judicial
attitude on the subject, when he declared that no enclosure should be
made except when there was a manifest advantage in it; as contrasted
with the policy of enclosing unless there was some strong reason
against it, as had formerly been approved. In 1876 Parliament passed
a law amending the acts of 1801 and 1845, and directing the Enclosure
Commissioners to reverse their rule of action in the same direction.
That is to say, they were not to approve any enclosure unless it could
be shown to be to the manifest advantage of the neighborhood, as well
as to the interest of the parties directly concerned. Finally, in
1893, by the Commons Law Amendment Act, it was required that every
proposed enclosure of any kind should first be advertised and
opportunity given for objection, then submitted to the Board of
Agriculture for its approval, and this approval should only be given
when such an enclosure was for the general benefit of the public. No
desire of a lord of a manor to enclose ground for his private park or
game preserve, or to use it for building ground, would now be allowed
to succeed. The interest of the community at large has been placed
above the private advantage and even liberty of action of landholders.
The authorities do not merely see that justice is done between lord
and commoners on the manor, but that both alike shall be restrained
from doing what is not to the public advantage. Indeed, Parliament
went one step further, and by an order passed in 1893 set a precedent
for taking a common entirely out of the hands of the lord of the
manor, and putting it in the hands of a board to keep it for public
uses. Thus not only had the enclosing movement diminished for lack of
open farming land to enclose, but public opinion and law between 1864
and 1893 interposed to preserve such remaining open land as had not
been already divided. Whatever land remained that was not in
individual ownership and occupancy was to be retained under control
for the community at large.
Public-domain text, read in full here on John Shaqi.
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