Evening journal., 1913-04-30
GOSSIP OF THE COURTS
BY FL AN r.

lof the manor at that cine was Lord
Brownlow, grandfather of the present
owner, who erected iron fences five
feet in height across the center of the
common TO assert his rights. But
one night 100 navvies left London for
3erShansted by special train and AT
dawn the next morning the fences,
two miles in length, were lcvelcd to
the ground Action for trespass fol-
lowed. with the result that in 1870
Lord Romilly, as master of the rolls,
decided in favor of the commoners.
There was similar scene when a
Mr.. Thompson, who purchased the
Manor of footing Graveney i'm 1861
inclosed twenty-five acres of the COM
mon, despite the citizens protests
The fence, after standing three years,
was broken down. Suit was brought
and the hearing lasted through eleven
days, when Lord Romilly found for
the commoners. The lord of the manor
appealed but Lord Hatherley upheld
the master of the rolls
But perhaps the most complicated
case OF all was that of Eppin Forest,
comprising no less than nineteen sep
arate and distinct manors. the own
ers Of which had acquired, by vari-
Gus processes, legal or otherwise, por-
tions of the forest until the area open
to the public was reduced from 5000
TO 5000 acres. The climax came when
Mr. Maitland, owner of the Manor OF
Loughton, who had inclosed in ono
swoop the whole of the forest within
his manor, consisting of about 1900
acres, with the exception of triling
allotment of about nine acres which
he left for the recreation of the VIII
layers, caused to be arrested a la
borer. with his two sons, who had
followed the ancient custom of cutting
trees for firewood during the winter
months.
From time immemorial the inhabi-
tants OF the manor had enjoyed this
right This custom had its origin in
a grant from Queen Elizabeth. and it
was conditional ON their commencing
to Top the trees as the clock struck
the hour of midnight on St Martins
eve. For centuries the custom had
been observed and a storm of indig-
nation was aroused when the lord OF
the manor caused the men to be im-
prisOned for two months at hard labor
for malicious trespass on the prop
erty.
The result was that the commoners,
backed by the Commons and Foot d.
paths Preservation Society, and with
the financial aid of the corporation OF ,
the city of London, decided to make
every effort to assert the rights of che
people, and, after litigation extending .
over several years Sir George Jessel
granted an injunction against the
lords of the manors, prohibiting them
from inclOsing the land in the future,
and requiring them to remove all
fences erected within twenty yearg
before the commencement of the soul,
Looping the trees on St. Mar
tins eve later was discontinued b5s
purchase of the privilege for 7,0Oe
pounds paid to the inhabitants. AL
together the enormous sum Of a mill
lion dollars was spent by the Corpora
tion of London i'm yindicating the
rights of the commoners and purchas- f.
ing Epping forest, which at last was
thrown open TO the public by the late
Queen Victoria in person, in May,
1882.
Then there was the New Forest
case. royal estate. Fifty years ago
the crown. as owner of the estate,
decided to inclose 10000 acres, de-
spite the protests of the commoners.
The matter was brought before Par
lament, which passed an act grant
ing the commoners $4,000 acres OF
the estate
Another royal forest, that of Dean,
has romantic history. 1t is a rich
mineral district. where coal and iron
mines are worked. A large popula-
ton is engaged in these mines, resid-
ing on Enclosures which have been
taken from the forest There is a very
ancient custom that the inhabitants
have the right to work the minerals.
1t was proposed in 1874 that the
crown buy the 0pmmoners rights and
convert the forest into it's absolute
property The indignation aroused
led to a compromise. the rights of the
commOners being preserved, while
the crown Is now allowed to make
large but temporary Enclosures for
the growth of timber.
Copyright 1913, by A. D. Jacobson