5- YORKSHIRE. 85 



remake and remove Uich fence durino- and 



o 



within the fpace of ten j'ears. Alio to con- 

 tinue the fence at the ends (by rails reaching 

 over the crofs ditches) to the polls or rails of 

 the adjoining crofs fences. 



5. Laftly, the reference of matters in dif- 

 pute to a trial at law requires the molt ma- 

 ture confideration. 



The appropriation of common lands is a 

 ferious adt : they are ufeful to individuals in 

 an open ftate ; but would in general be much 

 move ufeful in a fLite of Inclofure. Whoever 

 has reaped a rightful benefit of them, time 

 immemorial, ouoht to have that benefit con- 

 tinucd to them : and all that Parliament has 

 t© do is to afcertain the quantity of right of 

 each party or interefl: concerned in the par- 

 ticular bill before them j — cr to refer fpecial 

 jnatters in dlfputc to fome other inqueft 

 more adapted to the neccfTiry enquiries;-— 

 or to refufe the application. 



A court of affize is, perhaps, the moft im- 

 proper inqucit which could be referred to 

 for fettling difputes rcfpcd:ing Inclofures : 

 and are beyond difpute much worfe adapted 

 to make th'^ neceffary enquiries than a com- 

 G ^ mitte^ 



