REGULATION OF COMMONS. 321 
and 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 
Vv 
