86 TOOTING COMMON. 



of the Manor, on behalf of the Commoners, claiming 

 a determination of their rights, and an injunction 

 against inclosure. 



The Rolls of the Manor existed from 1557 in fair 

 order, and from these it appeared that small inclosures 

 of the waste had taken place, from time to time, in 

 eighteen cases, and that in all of them the consent of 

 the freeholders of the Manor had been given, and that 

 in twelve of them the purchase money had been divided 

 between the Lord of the Manor and the poor of the 

 parish, the latter receiving in the aggregate no less a 

 sum than 1,417. 



The Defendant denied that there was any freehold 

 land held of the Manor, or that the tenants had any 

 rights over the waste ; he argued that no one had 

 for a long time exercised any rights of common, except 

 in cases where trespasses had been committed in 

 assertion of such rights ; and he also contended that, 

 as Lord of the Manor, he could inclose under the 

 Statute of Merton, without the consent of the freehold 

 tenants, and without regard to their alleged rights. 



The case was argued for eleven days, in 1870, before 

 Lord llomilly, who finally decided in favour of the 

 Commoners. From this there was an appeal, which 

 was decided by Lord Hatherley, after six more days 

 of argument, in 1871. Lord Hatherley affirmed the 

 decision, and gave an injunction to restrain Mr. 

 Thompson from inclosing the waste. "Mr. Thompson, 

 he said, " had purchased the Manor for a comparatives- 

 small sum, and if he had succeeded in depriving the 



