314 THE ENTOMOLOGIST. 



woods and plantations of the Crown ; thus leaving 63,000 acres 

 for the " woods and wastes " of the Forest. 



The whole of these "woods and wastes" were, prior to 1698, 

 open and unenclosed ; but under the authority of the Acts 9 & 

 10 William III.* c. 36 (1698), and 48 George III. c. 72 (1808), 

 the Crown was empowered to enclose, and keep enclosed, freed 

 and discharged from all rights of Common, and from all manner 

 of rights, titles, or pretences, or privileges, or claims whatsoever, 

 such quantity of land in the Forest as would amount to 6000 

 acres, for the growth of timber. 



By the Act of 14 & 15 Vict. c. 76 (the Deer Removal Act of 

 1851) the Crown was authorised to enclose and plant with trees 

 any quantity of land, not exceeding 10,000 acres, in addition to 

 the 6000 acres already in enclosure under the authority of the 

 Acts before mentioned ; and the 4th section provided that " The 

 said enclosures so made and set out as aforesaid, shall remain in 

 severalty, in the actual possession of the Crown, freed and 

 discharged of and from all rights of Common, and of and from 

 all manner of rights, titles, or pretences, or privileges, or claims 

 whatsoever, during the period of the same remaining so enclosed, 

 for the growth and preservation of timber and trees." 



The powers conferred by these Acts are not repealed by 

 40 & 41 Vict. c. 121 (the " kew Forest Act, 1877"); but the 

 rights of enclosure are by Sec. 5 of the last-cited Act limited to 

 " Such lands as are at the date of the passing of this Act 

 enclosed, or as have, previously to such date, been enclosed by 

 virtue of commissions issued in pursuance of the said Acts or 

 some of them " ; and by Sec. 7 of the Act the right to enclose is 

 made subject to any " right of the Public to use any Public 

 Highway which may traverse the said lands." 



Assuming that the enclosures referred to b}'- Mr. Bright 

 have been made under the authority, and subject to the 

 provisions, of the Acts of Parliament before quoted, and that 

 they are not traversed by any " Public Highway," there cannot, 

 I think, be any doubt that the Commissioners of Woods and 

 Forests, on behalf of the Crown, and their local representative 

 the Deputy Surveyor, have the power to exclude the public from 

 such enclosures, and to warn them of the consequences of their 

 ti-espassing therein. 

 * This Act was passed in 16',il, but did not come into operation until 1698. — H. G. 



