but it must be under proper circumstances and restrictions." I presume he means after harvest or clearance of the crop, and in a proper manner and time; or, in case of a custom, that such custom is to be observed.
With respect to the exercise of this right, the case upon this record states, that what the defendants did, was after the crop was carried. This corresponds with Lord Chief Baron Gilbert’s expression of after the harvest. As to the times of beginning it, it appears by Selden, as already mentioned, that it ought not to be delayed; for a palpable neglect would be a desertion of it. If no precise time were limited, our law would call it a convenient time.
By an Act of Parliament passed in the year 1786, for inclosing the common fields of Basingstoke, the gleaning or leasing is to begin after the crop is carried. Times are mentioned, one for wheat, and another for other species of grain, for the exercise of this right; and the owners of the land are restrained under penalties (a strong circumstance to shew their sense of the right of the poor) from putting in cattle or hogs, within those respective times. On the other hand, the poor are restrained, by a summary penalty, from breaking the fences (which, it might be apprehended, from the former open state, they might be apt to do) and are confined to pass through the.gates.
This adems to have bean a prudent regulation to prevent disputes. I will recite the proviaions made by the Act.
- And whereas the poor people of the town of Basingstoke aforesaid have, time
immemorial, claimed, exercised, and enjoyed the privilege of gloaning or leasing, in, over, and upon tha said common fields, when and as soon as the corn has been carried from the same, in the time of harvest, in every year, which privilege the owners and proprietors of the said common fields are desirous of continuing to the said [58] poor people, under proper regulations ; be it therefore further enacted, that the poor people of Basingetoke aforesaid may, and they are hereby authorized, from time to time, and at all times after the passing of this Act, to enter and go into and upon all and every tha lands in the said common fields, to glean or lease in the time of harvest; provided that none of the said poor people do or shall enter into and upon any such land for the purpose aforesaid, until the crop or crops growing therein shall be cleared or catried off by the owners or accupiers of auch land, and the owners of the tithe, and that none of such poor people do or shall continue to glean or lease in any sueh land for any longer time than six days, if the same shall have been sown with wheat, and three working days if sown with any other corn, to be computed from the time of clearing and carrying off the same as aforesaid ; and in case any of such poor people do or shall, at any time after the said intended division and inclosure shall take place, glean or lease, or enter for that purpose into any of the new allotments to be made by virtue of this Act, before the erop or crops growing therein shall be cleared or carried off as aforesaid, ar sball break, or tread down, pull up, prostrate, destroy, or damage any hedge or fence belonging to any of the said new allotments as aforesaid, in going to or returning from any auch land to glean or lease, or, under pretence of going to or returning from any such land to glean or lease, shall go into or return out of any inclosure, by any other way than the gate or way through which the corn shall have been carried out of or from such inclosure, ar over any stile within the same, every person so offending shall, for every such offence, forfeit and pay any sum not exceeding five shillings, as the justice before whom such information and complaint shall be: exhibited (as hereinafter mentioned) shall think meet, over and above such penalties as are inflicted on the said offenders or offender, for either of the offences aforesaid, by any law or statute now in force,
“And, in order that the said poor people may not be deprived of such privilege as aforesaid, by cattle or swine being turned into the said lands during the time of their being authorized to glean or lease as aforesaid, be it further enacted, that in case any owner or occupier of the lands within which the said poor persons are authorized to glean or lease [59] as aforesaid do, or shall permit or suffer any cattle or awing to be turned into or remain in or upon any such land, to depastura or feed therein, before the expiration of the time herein before allowed for gleaning or leasing in auch land, every auch owner or occupier shall, for every day or less time such cattle or swing shall be depasturing or feeding as aforesaid, forfeit and pay for every head of cattle the sum of two shillmgs, and for every swine the sum of one shilling.”
The Act calls it a privilege, but says it had been claimed and exercised from time
