§ MR. BRODIE HOARE (Hampstead)asked the Secretary of State for the Home Department, Whether he is aware that the Common known as Fortune Green, Hampstead, is being enclosed; and, whether the provisions of the Metropolis Commons Act of 1866 have been complied with in this case?
§ THE SECRETARY OF STATE (Mr. MATTHEWS) (Birmingham, E.)I am informed by the Metropolitan Board of Works that the Common in question is a piece of roadside waste of about two-and-a-half acres. Last year the Board was informed that there was a proposal to build upon it, and the Board was asked to interfere, and to preserve the ground as an open space. The parish 1216 authorities were, however, unwilling that the Board should interfere; and as the area of the ground was small, and Hampstead was well provided with open spaces, it appeared to the Board not to be a case in which it was desirable to set in motion the procedure under the Commons Act of 1866.
§ In reply to Mr. BRUNNER (Cheshire, Northwich),
§ MR. MATTHEWSsaid, that the question of the right to enclose a Common could be raised by an action at law.