STATUTE OF MERTON. 347 



to undertake the cause of the Commoners, and to fight 

 their battle against an inclosing Lord of the Manor. 

 The clause was rejected by G4 to 30. 



One definite advantage, however, resulted from these 

 discussions. The Government at length consented, at 

 the instance of Lord Henry Scott (now Lord Montagu), 

 to insert a clause providing that any person proposing 

 to inclose Common land otherwise than under the 

 Inclosure Acts, should advertise his intention in the 

 local papers, three months in advance. It will be seen 

 that, combined with recent legislation, this provision 

 may become of considerable value. 



Later, between the years 1880 and 1890, the Com- 

 mons Society, in every recurring Session, endeavoured 

 through its members to obtain a discussion on a Bill 

 for the repeal of the Statute of Merton, but never suc- 

 ceeded in doing so. Lord Meath, in a Bill dealing with 

 Commons, introduced in the Lords in 1890, proposed a 

 clause with this object. It was discussed in the Grand 

 Committee of the Lords, and was strongly supported 

 by Lord Herschell, on the ground that the Statute was 

 obsolete, and that the long course of litigation of late 

 years had proved that it was only put in force in the 

 hopes that Commoners would be unwilling to incur the 

 heavy expense of resisting inclosure. The clause was 

 rejected by a large majority of their Lordships. It 

 seemed, therefore, hopeless to expect that any measure 

 would ever pass both Houses of the Legislature for 

 effecting our purpose, and for repealing an Act which 

 had been COO years on the Statute Book. 



