Evening journal., 1913-04-30


II is an undcniable fact that i'm ic
history of rural England there have
been many instances of attempts
made by persons who considered Ihat
they had a right according to terms
of inheritance. ancient title, or pr.W-
leges TO land adjoining their own,
which seemed to belong to no one M
particular aud thus TO extend tlcir
estates.
I'm many parts of England there are
great tracts which never have been
cultivated. Technically they belonged
originally to the lords of the manor
OF the districts. who were prevented.
however, from adding them 10 their
private property. because cOmmOners
enjoyed the rights. giving free access
TO such land for the purposes Of ca.
tie grazing, etc These rights fire.
quently were challenged by those VINO
considered that they had greater
claim ON the land. I'm fact, owners
of estates adjacent to these common
lands in past years gradually usurped
the rights of the commOncrs. who
were powcrless or too ignorant TO re-
sist.
There We're certain statutes that
were supposed to prevent cncroaoh-
ment upon the right of cottager and
peasant but these laws were circum-
vented by clever arguments with the
result that some seven million lc 'es
of the peoples land were feuccd in
by private owners, swelling the parks
or game preserves OF certain lords
Of the manor This flching finally he
N nj &c
OF Parliament had TO be passed seek
ing to proycnt the inclosure If these
commons" except in special circum-
stances, and with due regard FIR the
fights of the commoners." Bat il
was not until 1864 that the pubic in-
tcrest was aroused and an effort mode
90 secure commons for the healtl
ara recre1tion of the public
In that gear the late Earl Spencer,
lord Of the manor Of Wimbledon, pro-
posed 20 transform M'mbleton Con-
mon into an inclOssd rark cont srU.l z
ulat Il as implssiOis ior him ID keep
IL in proper order and manage it in
the interests of the public, owing to
the nuisance OF gypsies, tramps and
others who encroached upon il. He
proposed to sell part OF the common,
lay out park, erect a residence ior
himself in the center, and reimburse
himself from the pasturage and the
working of the gravel pits
The proposal was founded on the
legal opinion that Lord Spencer as
lord of the manor, was practically
owner Of the common. and that the
public had no legal right whatever to
the use or enjoyment OF the waste
land. But the commOners of Wimble-
don took a different view They OBJ
iected to the land being converted
into park. and as a result the COM
mon was left as it is today and man
aged by eight conservatOrs, five Of
whom are elected by the taxpayers.
Lord Spencer cOnveyer his interest in
the common to the eight conservstors.
and as compensation a perpetual an
nuity OF 1900 pounds was granted TO
him and his heirs
The consequence of this coutro-
Nersy was that in England the Com
mons and FOOtpaths Preservation So
ciety was formed, the object of which
was to secure and maintain the free
and uninterrupted use OF commons.
village greens and public lights-of-
way Lord Eversley was the first
chairman.
One of the most notable cases be-
fore the society was the preservation
of Hampstead Heath. when Sir
Thomas Wilson was lord of the manor.
He seems to have been advised that
he was practically owner i'm fee of the
common, and had the right to inclose
it. He made application 70 Parlia-
ment for power to grant building
leases. which was rejected by a large
majority. Ultimately Sir Thomas be-
gan to put his claim to practical
proof by erecting house on the
highest part of the open heath. This
naturally led TO litigation, in the
midst Of which Sir Thomas died. and,
as his successor announced his in
tentiOn not to proceed with the build !
ings, the matter dropped. Finally an
arrangement was effected under which |
Sir Spencer Maryon Wilson trans
ferred all his rights as lord Of the |
manor of Hampstead to the Metropoli- !
tan Board of Works for the sum of |
$4,000 pounds
Another noteworthy case was that |
OF Berkhamstcd Common The lord |