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The act for the enclosure of commons in England and Wales
The act for the enclosure of commons in England and Wales Author:George Wingrove Cooke Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 28 CHAPTER III. OF COMMONS OTHER THAN COMMON OF PASTURE. — ESTOVERS. — TURBARY. — COMMON IN THE SOIL. — PISCART. I. Common of Estovers. — Estovers, from... more » a Norman word, either signifying to furnish or to sustain, is the profit which a man has in the soil of another, to cut or prune from his forest or other wastes wood for his building, enclosing, and firing, or other necessary purposes. . The right to this common, like to the common of pasture, may be appendant, appurtenant, or in gross; but it may not be by cause of vicinage, the reason which allows the common of pasture by vicinage not here applying. We have already remarked, that the term Estovers includes as its parts house-bote, plough- bote and cart-bote, and hay-bote. The cases in the books which distinguish when this right is to be pleaded as a custom, and when as a prescription, are of little application to the purpose of this introduction. It is perhaps suflS- cient to observe, that the exercise of this right is governed by rules strictly analogous to those laiddown as governing the exercise of the common of pasture. Bracton, 136. Thus the claim must be in respect of an ancient tenement; for even if a man have a common of this nature by grant, he cannot build new houses, and extend his common right to these. So, if there be a prescription for fire-bote to burn in a hall, this will not extend to the consumption upon the same premises after they have been converted into a kitchen or a malt-house.f But if a house be enlarged, the fire-bote shall remain to the old chimneys J; or if it be rebuilt upon the old site. And it is a general rule, that the alteration of the quality or name of part of a house does not cause any prejudice to the estovers and services attached to it.§ Plough-bote, cart-bote, ...« less