Case for opinion of Serjeant Manning 16 October 1846 with plan Archdeacon Vickers...

Case for opinion of Serjeant Manning 16 October 1846 with plan

Archdeacon Vickers is proprietor of an estate called Lower Lurkenhope and Mr Charles Edwards is the proprietor of an adjoining estate called Upper Lurkenhope, both in the parish of Stow; both have exercised rights of common over waste in the township of Hobendrid p.Clun. An inclosure act was passed in 1845. The intercommoning in Clun is by townships. Vickers and Edwards claimed an allotment in respect of Lurkenhope having depastured cattle, cut fern and peat and exercised other rights of common. It is the practice for farmers to keep their flocks as separate as the nature of the ground and the habits of the animals will allow and for that purpose to lodge their flocks on fixed spots on the common called sheepwalks and to observe a rule of not driving over certain boundaries

There is a dispute over the boundary between Clun and Stow because of a ruling by the tithe commissioners when the tithes were commuted. The Assistant Inclosure Commissioner has made an award as to the boundary (cited) in which all parties acquiesced. Date 16 February 1843.

Other persons entitled to allotments have objected to a claim made on account of property in Stow parish; but afterwards withdrew objections; then renewed them. The Commissioners adjudicated but the awards were unintelligible and in effect give Edwards 70 out of 86 acres. This will influence a coming inclosure for Stow parish

Opinion on 5 points.