Birmingham Enclosure Bill, 1798
HLRO Committee Book, H.L. (16 May 1798)


134
16 Maii 1798.
  that he shewed them a Duplicate of the Map, or Plan, and that the List of their Names, & the Answers they gave, as left at the Parliament Office, are correct:
  The Title of the Bill is then read & postponed.
  The Preamble is read, & the said Charles Roberts the Engineer proves all the Allegations thereof to the Satisfaction of the Committee.
  The same Witness proves that the Expence will amount to £5,932 exclusive of the Expences of this Bill. That almost all the Money is already subscribed, & that there are 107 Shares at £50 each share.
  The Preamble is agreed to.
  The Enacting Clauses severally read & agreed to.
  The Title again read & agreed to.
  Ordered
  That the Bill be reported without Amendment.
   
  Eodem Die.
  Lord Walsingham in the Chair.
Birmingham Inclosure Bill Order of Reference read.
Order of Adjournment read.
  The Title read & postponed.
  The First, second and third Paragraphs of the Preamble are read, and Mr. William Smith proves the Allegations thereof.
  The fourth Paragraph is read, & the same Witness & Mr. Ambrose Mainwaring prove the Allegations thereof respecting the Rights of the Rev[eren]d Charles Curtis Rector of the Parish of St. Martin in Birmingham
  The rest of the Preamble is read, & the said William Smith proves all the Allegations thereof to the Satisfaction of the Committee.
  Mr. Smith produces & proves a State of the Property, which contains 438 Acres, & being asked whether all the Parties have comented, says all have consented except John Gough Esq[ui]re, who is Proprietor of 90 Acres, & who has not consented because he wished to name a Commissioner, and also except the Governors of the Free Grammar School of Birmingham, whose Property is 11 Acres, who are neuter.
  Mr. Thomas Hunt produces a printed Copy of the Bill, & proves the signing thereof by the Right Hon[era]ble the Earl of Plymouth; Christopher Musgrove Esq[ui]re; Henry Howard Esq[ui]re; & Edward Bolton Clive Esq[ui]re; Lords of the Manor of Birmingham, signifying their Consents thereto.
  The said William Smith produces another printed Copy of the Bill, & proves the signing thereof by Lionel Colmore Esq[ui]re, James Moore; Thomas Lakin Hawkes; & Luke Reddelll, signifying their Consents thereto. Mr. Smith proves the Hand Writing of Sir Thomas Gouch Baronet signed to the said printed Copy of the Bill.

16 Maii 1798.
135.
  Mr. Ambrose Mainwaring says that Mr. Gough originally proposed a Bill for inclosing these Commons, 14 or 15 years ago which was dropped.
  Mr. Smith is then examined as followeth, Viz.
Q.
Did Mr. Gough refer you to any Agent?
A.
He referred me to Mr. Stubbs his Agent in Birmingham; There was a Meeting of the Freeholders after that; where the Agent attended for Mr. Gough. This was a Meeting to settle the Opposition to the Bill.
Q.
What do you mean by settling the Opposition to the Bill?
A.
The Town required a quantity of Land to be given up for the Benefit of the Poor of Birmingham; to which Mr. Stubbs consented as Agent for Mr. Gough, in my Presence.
Q.
Was this a Meeting to compromise the Difference between the Petitioners for the Bill, & those who opposed it?
A.
Yes
Q.
Did Mr. Stubbs appear for Mr. Gough as opposing the Bill?
A.
No, he appeared as friendly to it.
Q.
Did he require anything as a Condition for Mr. Gough's Consent?
A.
Not then.
Q.
Did he afterwards?
A.
No, he recommended going on with the Bill.
Q.
Had any Requisition been made before?
A.
There had; Mr. Gough sent me Word by his Servant that he would abide by what Mr. Stubbs said for him. Mr. Gough sent me word by his Servant that he would consent to the Bill, if he might name a Commissioner.
It being then proposed Pr: 1. l:32. after (of) to insert (Saint Martin in)
The same is agreed to, & Ordered accordingly
There being no Witness who actually saw Sir Tho[ma]s Gooch sign the Bill,
The Preamble, as amended is postponed.
The Enacting Clauses are then read, & Mr. Thomas Hunt proves the Allegations of the Clause enacting that the Lords of the Manor shall have an Allotment for their old Inclosures, & the Pool called Meredith's Pool.
  Mr. Thomas Conway proves the Allegations of the Clause enacting that the Expences of the Lords of the Manor shall be paid by the Lessees; and produces a printed Copy of the Bill & proves the signing thereof by the said Lessees, signifying their Consents thereto.
Mr Thomas Hunt proves the Allegations of the Clause enacting that the Encroachments made in the Front of the Freehold Lands may be exchanged.
Mr. William Smith proves the Allegations of the Preamble of the Clause for an Allotment to Sir Thomas Gooch in right of his Warren, Lodge, &c and that the Warren is worth about £40. per. Annum.
Mr. Thomas Hunt proves the Allegations of the Preamble of the Clause

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