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one case the decree would be in terms overruled. The
enclosures in the possession of Mr. Williams, who was
not a lord of the manor, but was made a defendant to
represent their grantees would, under the decree, be
thrown out; but the Scheme authorized such enclosures
to remain enclosed. The Commissioners were, indeed,
in this dilemma, that they must either thus overrule the
decree, or, by making an exception in the ease of Mr.
Williams, they must put him in a worse position than
others of the same class, to represent whom he had been
made a party to the suit. But even if the Commissioners
had the power to except these 760 acres from the effect
of the Master of the Rolls' decree, the learned counsel
submitted that such a course would be most inexpedient.
It would, in fact, be equivalent to the surrender of very
valuable portions of the Forest to persons who had
taken what did not belong to them. And on what
conditions ? The land was building-land. It had been
bought with a title at least doubtful at the time, and
which had since been shown to be absolutely bad, and
no doubt an abatement in the purchase money must
have been made on this account. The purchase, in fact,
had been a speculation, and if the Commissioners'
proposals were carried out would be a very good specu-
lation indeed, for the agricultural value of the land was
about 40s. an acre per annum, and the rent-charge which
would be imposed by the scheme would therefore be
about 36s. per acre ; but the building value of the land
would not be less than £200 an acre. The grantee,
therefore, in return for the payment of his original
purchase money, adapted to a bad title and a nominal
rentcharge of 36s. per annum, would get good building
land with a Parliamentary title—land from which, were
no scheme to be sanctioned, he would be liable to be
ousted on the 18th of March next by legal process. It
might be replied that these enclosures might be pur-
chased by the future Conservators, under the power
he already referred to, but if so, it would be at their full
building price. The effect, therefore, of burying from a
man who had no right to sell would be either that the
purchaser remained in possession of good building land,
bought at an insignificant price, or made a large profit