até ANNUAL REGISTER, 1497: 
in common, are either by the com- 
mon law, or by exprefs ftatute, 
compellable to a divifion ; and it is 
only neceffary to extend the’ fame 
principles to mixed property of 
every other defcription, to obtain 
what has been fo long ardently 
wifhed for,—an eafy and effectual 
method of promoting a general 
fyf{tem of improvement. For that 
purpofe, it is propofed that provi- 
fion fhould be made, under the au- 
thority of a general law, by which 
all perfons poflefled of mixed pro-. 
perty in land, defirous of inclofing 
or improving the fame, fhall be 
énabled to have their fhare in that 
property feparately fet out, leaving 
the property of thofe who diffent 
from fuch a meafure, in its former 
mixed ftate. By this plan, every 
individual may do what he judges 
beft with his own property ; but he 
is not entitled, contrary to every 
principle .of juftice and equity, to 
prevent other individuals from en- 
Joying the fame valuable privilege, 
For effecting fo important an ob- 
je&, it is propofed to legalize the 
divifion of mixed property by com- 
miffioners, one appointed by the 
parties affenting to the inclofure, 
another by the parties-diffenting, 
and a third by the two commiffion- 
ers previoufly nominated. This is 
in fact merely extending the prin- 
ciples of the writ of partition, as 
improved on by the provifions of 
8 and 9 Will. III. Cap. 31. to 
other mixed property, through the 
medium of commiffioners, in con- 
fequence of the rights being too 
complicated for a jury to decide on 
them; and by that fimple opera- 
tion, the great object of facilitating 
the inyprovement of the country 
will be effectually fecured. The 
parties defirous of an inclofure may 
thus obtain the object of their 
wifhes ; whereas thofe who are ei- 
ther unable or unwilling to im- 
prove their allotments, and there- 
fore diffent from the inclofure, are 
permitted to retain their fhares in 
common as formerly. This is in- 
finitely preferable to compelling a 
reluctant affent; for if the improve- 
ments made in the portion thus 
inclofed, are found to anfwer, thofe 
who diffent will foon follow the 
example of their neighbours. 
Conclufion. 
YOUR Committee cannot too 
ftrongly recommend to the Houfe 
an immediate attention to this im- 
portant fubject. Every means 
(they are of opinion) ought to-be 
taken for adding, without delay, 
from at leaft 150,000 to perhaps 
300,000 acres to the land now in 
cultivation, as the only effectual 
means of preventing that importa- 
tion of corn, and difadvantages 
therefrom, by which this country 
has already fo deeply fuffered. But 
if the views of the legiflature fhould 
extend ftill further, and if the ne- 
ceffary meafures are taken for im- 
proving the territory, now in a 
{tate of defe&tive cultivation, as well 
as cultivating the lands which ftill 
remain in a wafte and unproductive 
ftate, this country might draw as 
much wealth from exporting the 
furplus produce of its foil as from. 
any branch of its commerce, how- 
ever lucrative; and thence would: 
arife a fource of riches not depend- 
ing upon the caprice, but arifing 
from the neceffities of other nations, 
Such a refource, in a domeftic point 
of view, is the moft likely means 
of enabling us to bear the heavy 
burthens: 
