ns, offered an alternative
method of making commons more useful to the nation, viz. their
management and regulation as open spaces. The effect of this legislation
and of the changed attitude of the House of Commons towards inclosure
has been almost to stop that process, except in the case of common
fields or extensive mountain wastes.
Regulation.
We have alluded to the regulation of commons as open spaces. The primary
object of this process is to bring a common under the jurisdiction of
some constituted authority, which may make by-laws, enforceable in a
summary way before the magistrates of the district, for its protection,
and may appoint watchers or keepers to preserve order and prevent wanton
mischief. There are several means of attaining this object. Commons
within the metropolitan police district--the Greater London of the
registrar-general--are in this respect in a position by themselves.
Under the Metropolitan Commons Acts, schemes for their local management
may be made by the Board of Agriculture (in which the inclosure
commission is now merged) without the consent either of the owner of the
soil or the commoners--who, however, are entitled to compensation if
they can show that they are injuriously affected. Outside the
metropolitan police district a provisional order for regulation may be
made under the Commons Act 1876, with the consent of the owner of the
soil and of persons representing two-thirds in value of all the
interests in the common. And under an act passed in 1899 the council of
any urban or rural district may, with the approval of the Board of
Agriculture and without recourse to parliament, make a scheme for the
management of any common within its district, provided no notice of
dissent is served on the board by the lord of the manor or by persons
representing one-third in value of such interests in the common as are
affected by the scheme. There is yet another way of protecting a common.
A parish council may, by agreement, acquire an interest in it, and may
make by-laws for its regulation under the Local Government Act 1894. The
acts of 1894 and 1899 undoubtedly proceed on right lines. For, with the
growth of efficient local government, commons naturally fall to be
protected and improved by the authority of the district.
Statistics.
It remains to say a word as to the extent of common land still remaining
open in England and Wales. In 1843 it was estimated that there were
still 10
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