REGULATION OF COMMONS. 321 



aud improving the surface, and preventing illegal en- 

 croachments ; but that it could not substantially inter- 

 fere with rights without compensating for them, though 

 it might regulate them. 



The Board in fact had made a grave mistake in 

 tactics. It ought to have questioned the right of the 

 lord to dig gravel on Lammas Land, in the name of a 

 Commoner. The Board, when it discovered its mistake, 

 consulted, through its solicitor, the Commons Society, 

 and it was arranged that the Society should, in the 

 name of two Commoners, institute a suit against Mr. 

 Amherst, asking for a declaration of rights in the 

 Commons, and claiming an injunction against him for 

 excessive digging of gravel. Proceedings were accord- 

 ingly commenced, and were conducted to a point when 

 there appeared to be certainty of success. At this 

 juncture the solicitor of the Metropolitan Board died ; 

 his successor took a different view as to these proceed- 

 ings ; he advised the Board to withdraw its support 

 from the Commons Society and from the suit, and to 

 enter into negotiation for purchase. It resulted that 

 an arrangement was made with Mr. Tyssen Amherst 

 for the purchase of his interest for 33,000. This 

 rendered the further prosecution of the suit unneces- 

 sary, and the cost of the proceedings in it fell upon 

 the Society. 



In the opinion of the Commons Society, the purchase 

 of Mr. Amherst's very shadowy rights for this consider- 

 able sum was wholly uncalled for, and would have been 

 avoided, if the suit had been allowed^to proceed, and 



