§ Lord Ellenborough moved, that the House resolve itself into a Committee on the Bill for enclosing common arable and meadow fields. If the objections which had been made to the Bill were not obviated by the amendments which he meant to propose, he should be ready to agree to any suggestions which noble Lords might think proper to introduce for that purpose. The Bill, he ought to observe, was not intended for the enclosure of waste lands, but of lands that were already cultivated. He should, on this occasion, state his amendments, which might be taken into further consideration on Thursday next, if convenient. The noble Lord then briefly explained the nature of his amendments. One of them rendered it necessary that before lands of the description contemplated by the Bill were enclosed, the consent of two-thirds of the proprietors, as well in number as in value, should be procured. Others provided for the election of an umpire in case of dispute, and for the course of proceeding which, under particular circumstances, was to be adopted by the Commissioners.
Lord Hollandexpressed a hope that some waste space near large towns would be preserved, for the comfort and benefit of the inhabitants.
Lord Ellenboroughsaid, that with the amendments which he proposed to introduce, wastes could not be enclosed under the Bill.
§ Lord Lyndhurstobserved, that common fields under cultivation could not be enclosed within a circle of ten miles round the metropolis, and he thought that it would be proper to adopt the principle with respect to large towns, providing that no enclosure of that nature should be allowed within a circle of five miles.
Lord Ellenboroughwas of opinion, that 1027 if such a proposition were agreed to, it would be better for their Lordships not to pass the Bill.
§ The Duke of Richmondwas of opinion, that when these amendments were printed, the best course to be pursued was, to refer the Bill to a Select Committee.
Lord Ellenboroughsaid, it was certainly to be regretted, that the Bill had come up to their Lordships' House at so late a period of the Session. The noble Duke would recollect, that when he (Lord Ellenborough) introduced two Bills, having the same object, he had willingly agreed that they should be referred to a Select Committee. But his apprehension was, that if the present Bill were referred to a Select Committee, at this very late period of the Session, they would not be able to report in time, so as to carry the Bill before the Prorogation.
§ The Bill went through the Committee, and was reported with amendments.