i8sa. 210 



" The New Forest : projected spoliation." — Before attempting to reply to the 

 question raised by Mr. C. A. Briggs in his note on page 200, ante, it will be 

 necessary to consider what the rights of the Crown are over the Woods of the 

 New Forest. 



The total area within the boundaries of tlio Forest comprises some 92,365 acres, 

 of which upwards of 27,000 acres are private property, 125 acres are Copyhold of 

 Her Majesty's Manor of Lyndhurst, 600 acres are Leasehold under the Crown, 500 

 acres are Enclosures belonging to Lodges, and 1000 acres are private Woods and 

 Plantations of the Crown, leaving about 63,000 acres for the "Woods and Wastes" 

 of the Forest. Prior to 1698 the whole of these " Woods and Wastes " were open 

 and unenclosed, but under the authority of the Acts 9 and 10 Will. Ill, c. 36 (1698), 

 and 43 George III, c. 72 (1808), the Crown was empowered to enclose and keep en- 

 closed freed and discharged from all rights of common such quantity of land in the 

 Forest as would amount to 6,000 acres for the growth of timber. 



By the Deer Eemoval Act of 1851 (14 and 15 Vict., c. 76), the Crown was 

 authorized to enclose and plant with trees any quantity of land not exceeding 

 10,000 acres, in addition to the 6000 acres already in enclosure under the authority 

 of the Acts before mentioned ; and the 4th Section of the last mentioned Act 

 provided " that the said Enclosures so made and set out as aforesaid shall remain in 

 " the actual possession of the Crown freed and discharged of and from all rights of 

 " common * * * * during the period of the same remaining so enclosed_/or 

 " the growth and preservation of timber and trees." The powers conferred by these 

 Acts were not repealed by 40 and 41 Vict., c. 121 (the New Forest Act, 1877), but 

 the rights of enclosure were by section 5 of the last cited Act limited to " such lands 

 " as are at the date of the passing of this Act enclosed, or as have previously to such 

 " date been enclosed, by virtue of Commissions issued in pursuance of the said Acts 

 " or some of them." 



It will be seen from what is above stated that the Forest Woods or Enclosures 

 are of two kinds, namely, (1) Private Woods and Plantations of the Crown ; and 

 (2) such portions of the " Woods and Wastes" as have been enclosed under the 

 authority of the Acts, or of some of them, above cited. 



It would appear to me that if the two Enclosures referred to by Mr. Briggs 

 (namely, Coxleaze Plantation and Iron's Hill Pai-k) were enclosed under the 

 authority of any of the Acts above cited, their enclosure was, under those Acts, 

 limited for the purposes of the growth and preservation of timber and trees ; and the 

 letting or selling of such Enclosures, or any part of them, for the purposes of 

 Building Sites would be ultra vires. It is within my own knowledge, however, that 

 Iron's Hill Park is not a part of the " Woods and Wastes " of the Forest, but is 

 one of the private Woods of the Crown, and belongs to Her Majesty in virtue of 

 her oflice, as Lady of the Manor of Lyndhurst ; and therefore neither the general 

 public, nor any persons in the Forest possessing common rights, can, I fear, prevent 

 the Commissioners of Woods from selling or letting this Plantation for any purposes 

 which appear to them desirable. 



I am afraid it will be found on enquiry that Coxleaze Plantation is also one of 

 the private Woods of the Crown, and consequently, the remarks which I have made 

 on the rights of the Commissioners of Woods over Iron's Hill Park are also appli- 

 cable to this Plantation. 



