STATUTE OF MERTON. 353 



alleged custom, can in future be made without the con- 

 sent of the Board of Agriculture, who are directed, in 

 effect, not to sanction the grant unless they are convinced 

 that it is for the public benefit. Thus all inclosures under 

 such alleged customs are brought under public control. 

 The principle of the clause is far-reaching, and, as we 

 shall see, has paved the way for a treatment of the 

 Statute of Merton, which will render that Act also 

 harmless in the future. It was not, however, till some 

 time after the enactment of this clause, and till ex- 

 perience had been obtained of its working, that the 

 Commons Society perceived the use which might be made 

 of it as a precedent for dealing with other inclosures. 



During the four years after the passing of the Copy- 

 hold Act, six applications were made to the Agricultural 

 Department for approval of inclosures under this clause 

 relating to grants of the wastes of Manors. In two 

 only of them was the consent of the Board given. 

 These were cases of applications fortw r o very small plots 

 of land, sufficient only for wells, which were required 

 for the supply of water to the public. The other 

 cases were refused on the ground that no public 

 benefit could be shown to result from the inclosures. 

 The Department therefore have acted in full accord 

 with the spirit of the clause, and with the principles 

 laid down in the preamble of the Commons Act 

 of 1870. Practically, therefore, it may be concluded 

 that no further proceedings will be possible under these 

 customs of Manors, unless it be proved that the public 

 interest is distinctly concerned in them. 

 x 



