In pursuance of the recommendation of the committee, an Act of Parliament was passed in 1845 (8 & 9 Viet. c. 118), the object of which is thus stated in the pre amble : " Whereas it is expedient to fa cilitate the inclosure and improvement 01 commons and other lands now subject to the rights of property which obstruct cul tivation and the productive employment of labour, and to facilitate such exchanges of lands, and such divisions of lands inter mixed or divided into inconvenient par cels, as may be beneficial to the respective owners ; and it is also expedient to pro vide remedies for the defective or plete execution and for the non-mania' of powers created by general and local acts of inclosure, and to authorize the newal of such powers in certain cases," &c.
It is not within the scope of this article to attempt to give any account of the pro visions contained in the 160 sections of this act ; but a few provisions will be noticed that are important in an econo mical and political point of view.
The 11th section contains a compre hensive description of lands which may be inclosed under the act; but the New Forest and the Forest of Dean are entirely excepted. The 14th section provides that no lands situated within fifteen miles of the city of London, or within certain distances of other towns, which distances vary according to the population, shall be subject to be inclosed under the pro visions of this act without the previous authority of parliament in each particular case. The 15th section provides against inclosing town greens or village greens, and contains other regulations as to them. The 30th section provides that an allot ment for the purposes of exercise and recreation for the inhabitants of a neigh bourhood may be required by the com missioners under the act, as one of the terms and conditions of an inclosure of ouch lands as are mentioned in § 30.
The 108th section makes regulations as to " the allotment which upon any in closure under this act shall be made for the labouring poor," and (sect. 109) " the allotment wardens (appointed by sect. 108) shall from time to time let the allot ments under their management in gar dens not exceeding a quarter of an acre each, to such poor inhabitants of the parish for one year, or from year to year, at such rents payable at such times and on such terms and conditions not incon sistent with the provisions of this act, as they shall think fit." Section 112 pro
vides for the application of the rents of allotments ; the residue of which, if any, after the payments mentioned in this section have been defrayed, is to be paid to the overseers of the poor in aid of the poor-rates of the parish.
Sections (147, 148) provide for the exchanges of lands not subject to be in cluded under this act, or subject to be in closed, as to which no proceedings for an inclosure shall be pending, and for the division of intermixed lands under the same circumstances.
Under section 152 the commissioners are empowered to remedy defects and omissions in awards under any local act of inclosure, or under the 6 & 7 Wm. IV. c. 115 ; and under section 157, the com missioners may confirm awards or agree ments made under the supposed authority of 6 & 7 Wm. IV. c. 115, if the lands which have been illegally inclosed or apportioned or allotted, shall be within the definition of lands subject to be in closed under this act.
The provisions of this act seem to be well adapted to remedy the evils that are stated in the evidence before the select committee ; and there can be no doubt that agriculture will be greatly improved, the productiveness of the land increased, and employment given to labour by this judicious and important act of legisla tion. The ' London Gazette,' of August 22nd, 1845, notified the appointment by the secretary of state of two Commission ers of Inclosures.
(Report from the Select Committee on Commons' Inclosure, together with the Minutes of Evidence and Index. The Report is accompanied with Maps which explain various parts of the evidence. A complete digest of these minutes of evidence would form a very instructive article on the state of agriculture in Eng land. The little that has been here at tempted is of necessity very incomplete. The witnesses appear to agree in the main, but there are some differences of opinion which a reader of the minutes will not fail to see.)