210 BANSTEAD COMMON'S. 



This Order came under the review of Parliament in 1893 

 in a Confirmation Bill. It was bitterly and obstinately 

 opposed by the mortgagees before Select Committees in 

 both Houses of Parliament. Money was again poured 

 out for lawyers' briefs before the most expensive tribunal 

 in the world, but with the result only of again encoun- 

 tering defeat. Both Houses after long inquiries affirmed 

 the Regulation Scheme. The Banstead Commons 

 therefore are henceforward safe, not merely from any 

 danger of inclosure, but from the bad treatment of their 

 surface, and the neglect of the Lord of the Manor. 

 Practically the Commons are taken out of the control 

 and management of the lord. Conservators elected in 

 the district have power to make bye-laws for the order 

 and good government of the Commons, with a reservation, 

 however, of any rights which the lord or his mortgagees 

 may have. The case therefore forms an epoch in the 

 history of Commons, and a striking example of the 

 measures taken for their preservation. 



The Committee of the Banstead Commons not only 

 triumphed in frustrating the most systematic and deter- 

 mined effort ever made to get rid of rights of common, 

 by purchase and private bargains, and to turn a Common 

 into building land, but they have also asserted the 

 principle that a Common may be taken out of the 

 hands of the Lord of the Manor, against his will, 

 and vested in those of a local committee, with powers 

 to make bye-laws to preserve order and to prevent 

 nuisances. The Court of Appeal has also laid down 

 principles in this case, of the utmost value. It has 



