As the whole of a waste could not generally be inclosed1, and the usual statutory procedure is inapplicable to common fields, recourse was formerly had for that purpose to private Acts of Parliament under which the land to be inclosed was allotted to the persons having interests in the land in severalty. Under such Acts, in the absence of provisions as to the mines and minerals, these prima facie pass to the allottees as part of the soil2. The mines and minerals may, however, be reserved to the lord either
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