204 BANSTEAD COMMONS. 



purpose the rights pertaining to Lord Egmont's land, 

 consisting of 2,000 acres, and to Sir Charles Russell's 

 property, were of great importance, for if it could be 

 shown that the whole of this land was entitled to 

 common rights in addition to other lands, whose 

 rights were no longer disputed, there could be little 

 question as to the insufficiency of the Commons, as 

 treated by the lord, to maintain the requisite number 

 of cattle. The rolls of the manor and the evidence 

 of living persons showed that, from time immemorial, 

 rights had been claimed and exercised in respect of 

 nearly every farm in the parish, and particularly by 

 the occupiers of Lord Egmont's and Sir Charles 

 Russell's properties. On the other hand, the defendants 

 relied on an old survey of 1680, and on Mr. Wetherell's 

 award of the money paid by the Railway Company in 

 compensations to the Commoners, which limited greatly 

 the extent of land in the district entitled to rights. 

 Every effort also was made to narrow the rights of 

 common, and to prove that sufficient pasture re- 

 mained on the wastes for all the sheep that could 

 be turned out. The issue involved most lengthy and 

 costly investigations into the conditions and rights of 

 every farm in the manor. 



At length, in July, 1886, nine years after the 

 commencement of the suit, the case was tried before 

 Mr. Justice Stirling. The hearing lasted for several 

 days. The result was not altogether satisfactory to the 

 Commoners. Sir John Hartopp, who was not repre- 

 sented by counsel, was restrained from inclosing or 



