311. Inclosure by the lord.

311.     Inclosure by the lord.

The lord, as owner of the soil1, may inclose as against common of pasture2; but, except by virtue of a special custom3, which to be reasonable must involve leaving a sufficiency for the commoners4, he may not inclose against common of turbary or estovers5, or a right to dig sand or gravel6 or to get stone7, unless the place inclosed is such that the right of the commoner is incapable of exercise there8. However, the carrying out of certain