5:. YORKSHIRE. 65 



of a given townlhip, belonging to it, nor a 

 parcel of land without an ancient houie being 

 held with it, is entitled to any fharc of the 

 common herbage of that townlhip. But, 

 whenever this boufe regiiins land, or the land 

 is again laid to ?.n ancient houfe, the right of 

 commonage returns. The right, therefore, 

 only lies dormant ; and is not, in either cafe, 

 extingtiijked. 



The fame of a fitc. While covered v/ith 

 ruins, it can have no right either to fuel or 

 herbage ; but whenever the houfe is rebuilt 

 and inhabited, a right of fuel returns ; and 

 having had lands laid to it, a right of herbage. 

 And vvhatcver a fite is worth over and above 

 the value of the land it contains, fo much in- 

 tercfi: it has in the common lands of the 

 towniliip it lies in. 



The inter eft oi dormant lands may be afccr- 

 tained in a fimilar way : whatever their vaku 

 is depreciated by the alienation from the 

 commons, fo much lep intcrcft they have in 

 a divifion of them. To fhut them out of an 

 Jnclofure Bill is to take them by furprizc, and 

 thruft them out of the townfliip-, thereby 

 ftrangling that right which before had only 

 Vol. I. F ilept ; 



