8o 1 N C L O S U ?v E S. 5. 



Illation of the commonable property of the 

 townfhip *. 



If the common to be inclofcd produce 

 fuel alone, the houfes (cr the houfes and the 

 lord of the foil, if an overplus can be proved) 

 are alone intitled to it. 



If herbage and fuel jointly, the lands and 

 houfes have rights in it proportioned to the 

 herbage and the fuel it produces -j-. 



CoMMON-RiGiiT SiTES. The right of 

 fites is fimilar v;ith that of houfes: whatever 

 the dormant rio;ht of urefcntation and the 

 dormant rij^Iu of fuel are worth, fo much in 



proport'oii 



* The c.v'ra value of common right houfes varies with 

 the value of the commons and the number of houfes. 

 Thus, fuppo e the commons of two dillinft tovvnfliips 

 to be of C'.[U;il value, and that one townfliip contained 

 ten, the other one hundred common-right houfes ; the 

 right f prefcntation would be vvorth more in that than 

 in //'/. townfliip ; and where herbage alone is the pro- 

 <lucc of the common, the right of rcprcfcntation and the 

 extra value arc the fame. 



•^ If part of the cc/.nm ns to be ini.lofed produce her- 

 bage alone, and other parts principally fuel, and a fe- 

 par.ite divifion be made (as in the cafe of I'itkering), 

 the extra I'a've is compounded of the right of prefenta- 

 ti .n to the herbage, a id the r'.ght of cutting fuel ; 

 tit her of which being cftim ted, thj other is of courfc 

 i"u f:icic n tl y a : c c r t a i n c d . 



