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 Romilly, 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 comparatively 
small sum, and if he had succeeded in depriving the 
