Commons Act 1791

Grand juries may present all encroachments made on commons within 10 years from passing this act;

or which shall hereafter be made.

nuisances to be prostrated.

II. And be it further enacted, That it shall and may be lawful, to and for every grand jury which shall be duly impanelled at the assizes, or at any general quarter sessions to be held in any county, county of a city, or county of a town, within which any such common shall lie, upon information on oath made before any magistrate of such county, county of a city, or county of a town respectively, who is hereby impowered to administer the same being returned to such grand jury, of any encroachment which shall have been made within ten years, from the time of passing this act, or which shall hereafter be made upon any such common, whether by inclosing any part thereof, or building any house, hut or cabin upon the same, to present such encroachment by indictment or presentment as a public nuisance, which indictment or presentment if it shall not be defective on the face of it, shall be confirmed by the judge or justices before whom such grand jury shall be so impanelled; and upon such indictment or presentment being so confirmed, the sheriff of such county, county of a city, or county of a town, shall forthwith prostrate and ahate every such nuisance.