5. Y O R IC S H I P. E. 93 



place through mere negkdt •: be this as it 

 mav, it ought to be a \clTon to unincloled 

 townlhips to attend to the ilock of their rc-- 

 ]*pe(ftivc commons. I term it an incroach- 

 menr, becaufe there is not a more general 

 pofition than that the commons of a given 

 townfliip belong in original right to the 

 lands and houfcs of that townfuip, and that 

 no right of commonage can be juftly claimed 

 by the lands and houfcs of another townfliip, 

 iinlefs a fpecial grant, or fomething ade- 

 quate to it, can be produced. Cuitom may, 

 in this cafe, be confidered in lauj as ad<i- 

 quate to a grant \ — although in equity and 

 common fenfe it might feem more reafonable 

 to award damages for a trefpafs, rather than 

 a portion of the commons as a compenfation. 



5. Fencing. The whole to be inclofed 

 within fix months from the time of ftakins 

 out. Counter fences may be made upon the 

 adjoining allotment, and over the terminating 

 crofs ditches. Sheep to be kept out of the 

 new inclofures during the firfl {QV'i^^ years -, 

 and all kinds of flock out of the bncs durin.-r 

 ten years-, — afcer which time thefurvcyors of 

 the roads of the townfliip iriav let the crafs of 



the 



