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 itis 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 for two 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 1876. 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 
