regulations, to enforce has any right to cut turves the standing orders al- from off the respective ready made to prevent | Commons, nor any intrespassers.

habitant, without conforming to the several regulations, that have been made at several general Courts Baron in that behalf, and that very large quantities of gravel have been taken from the Commons in Putney Parish, by persons pretending to have some color of right thereto. It is ordered with the consent of the Homage of this Court, that the Common Keeper do take an account thereof, and return the same to the next general Court Baron; in order to prevent a continuance of a practice so detrimental and illegal. And it This Resolution to be cir- ) is further ordered that this culated and distributed, resolution be circulated and distributed, amongst the several copyholders and inhabitants, to prevent these encroachments in future; and that the Common Keepers do not permit the standing orders already made, respecting the Commons, to be infringed or altered in any respect; it being for the mutual advantage both of Lord and Tenant, that some restrictions should be made, to prevent the several Trespasses on the Commons, which have been recently committed, to a most enormous degree, and are continually complained of, by the Officers appointed under the authority of this Court.

&c.

Homage presentment of The Homage of this an encroachment on Put-Court do on complaint ney Heath, in the pos- made to them, on their session of Mr. Brooks. oath present, as an encroachment on the rights

and privileges of the Lord and Tenants of this Manor, a piece of ground in the possession of Mr. Brookes, on

Putney Heath; as having been taken off the Common, without any lawful authority. Ditto of a slip of Land on' Putney Lower Common, in the possession of Sarah Colley and others.

therefrom in like manner. Presentment of John Wickman, for taking Turf and Loam.

Also a Slip of Land on Putney Lower Common, in the possession of Sarah Stevens Colley and others, which has been taken

The Homage also present John Wickman for taking a large quantity of Turf and Loam, not being

a Copyholder from the Common, and employing Thomas Heather to digg the same. Rejection of Lord Herveys request to enclose Lands off the Common.

The Right Honorable Lord Hervey, having applied by Letter, to enclose Thirty acres of Common Land adjoining to his house, on Putney Common; the Homage of this Court, having taken the same into consideration, and it appearing the Standing Orders of this Court have not been complied with, Resolved that the said request be rejected.

[COURT LEET AND General Court BARON 14 MAY 1804.] (P. 238.)

Palewell orders and pro

At this Court the seve

ceedings thereon, andral Orders relative to the resolutions of former encroachments on PaleCourts stated. well Common, being read in open court, and particularly an Order made at a General Court Baron held at Mortlake, on the twenty-ninth day of October last, when the Homage, being all copyhold tenants, directed that the said encroachments should be removed, in four months or before this Court: and it being alleged

in open court, that the said encroachment is still continued, and no notice has been taken of the several recommendations suggested relative thereto; and it appearing by the customs entered on the Rolls of this Mannor, which were also read in Court, that no person except the Lord and his copyhold tenants have any right to the soil or herbage on the waste lands, or commons appertaining to this Mannor, and by referring to the Rolls themselves, that it has always been usual and customary for to apply to the Lord and tenants before any part thereof has been permitted to be inclosed, and a plan produced of such land as was intended to be taken therefrom; and that there is not a single instance of an encroachment of this kind being permitted and suffered, without the consent of the several parties therein interested. It was proposed at this Court, that the bayliff of the Mannor should forthwith carry into execution the order of the 29th October 1803; but the deputy steward alledging that he believed copies of the several orders and resolutions hereinbefore mentioned have been transmitted to the Lord, and that they were now before his Lordship for his consideration; it was agreed that the same should be suspended until a General Court Baron should be

Adjournment therefore to 31st December, 1804.

held at Mortlake, in which parish Palewell Common is situate, which the steward undertook, on account of some local business that has lately arisen, should be held on or before the 31st day of December, 1804, at that place, when all parties concerned are required to attend.

(P. 239.)

Earl of Bessborough.—And that the grant of a certain quantity of land (not exceeding two acres) be given to the Earl of Bessborough, the consent of the Earl Spencer, Lord of the Mannor, being first obtained according to the plan annexed, provided a reserved

rent of forty shillings per annum be paid in lieu thereof to the Poors Rate of the Parish of Putney.

Order thereon.-Ordered that these Resolutions of the Homage be entered on the Court Rolls, and the deputy-steward is requested to send a copy of the same to the Lord of the Mannor.

(P. 239.)

Homage recommendation, on request of Thomas Eden.

Several Plans of waste land having been produced to the homage, they were pleased on consideration thereof, to recommend to the Lord, to grant the request of Mr. Thomas Eden; according to the plan annexed as not being destructive of any herbage, and being a matter of convenience to the public.

[COURT LEET AND GENERAL COURT BARON 14 MAY 1804.] (P. 243.)

Manor of Wimbledon.

It is usual for the Steward to permit the Copyhold Tenants, in any proposed grants off the Common, to debate the matter in another room, whilst the Steward admits, &c.

On the Foreman returning with their written determination, respecting the Earl of Bessborough's grant, and the reservation of forty shillings per annum to the poor of Putney, it was objected to by me, but persisted on by the Tenants.

Without recurring to the precedents in Mr. Parker's time, when no such rents were reserved to the poor, I think it but right to enter my dissent on the Records of this Court, for as Custom is the Law of Copy holds, I would not by signing my name above, be supposed to acquiesce in a measure, which I conceive not warranted by law and in any case of an enclosure by

Act of Parliament, may countenance a right of herbage, which does not appear to exist.

WM. PEMBROKE, Deputy Steward.

[GENERAL COURT BARON 29 SEPT. 1804.]

(P. 248.)

Presentment of Messrs. Malcolm and Maddeson, for taking bog-earth without license, &c.

We present Messrs. Malcolm and Maddeson, nurserymen at Kensington, being neither copyhold tenants nor residents within this Mannor, or having any property within the same, for having dug and carried away a large quantity of loam and bog-earth from Putney Common, without any authority whatsoever; but the Common Keeper of Putney having alleged, that the said Messrs. Malcolm and Maddeson, on being informed that their illegal conduct would be laid before this Court, and agreed to make a proper satisfaction for the same: ordered that the matter of the said complaint be adjourned to the next General Court Baron, to be held for this Mannor.

Presentment of Colonel Doveton for the like trespass.

Also at this Court, the Homage present that Colonel Doveton, of Marshgate, has committed divers trespasses on East Sheene Commons, by taking turf, digging and carrying away loam, &c., and do recommend a prosecution against him for the same; but upon a letter addressed from the said Colonel Doveton to the bayliff of this court, being now read, Ordered that the said presentment be adjourned to the next General Court Baron, to be held for this Mannor.