206 BANS TE AD COMMONS. 



mortgagees were represented at each sitting by two 

 or three counsel ; the Commoners on their part were 

 represented by Mr. Percival Birkett, the solicitor 

 in the suit, and legal adviser of the Commons Society, 

 whose knowledge and experience on such subjects are 

 very great. Mr. Meadows White was unable to make 

 his report till March 11, 1888, nearly two years after 

 the date of Mr. Justice Stirling's order. It was 

 generally favourable to the contentions of the Com- 

 moners. Exceptions were taken to it on various legal 

 points, which had to be argued at great length, and 

 it was not till April 11, 1889, that Mr. Justice Stirling 

 delivered his final judgment on this case, entirely 

 favourable to the Commoners. The mortgagees ap- 

 pealed against this, and on December 21, 1889, nearly 

 thirteen years from the commencement of this pro- 

 longed suit, Lord Justice Fry delivered the unanimous 

 judgment of the Court of Appeal.* 



This decision entirely vindicated the claims of the 

 Commoners. The Court determined that there were 

 rights of common in respect of 320 acres held as of 

 the Manor in other words, taking the agreed stint of 

 two sheep to the acre, there were rights of common for 

 640 sheep. They also found that from three of Lord 

 Egmont's farms 600 sheep had been turned out on the 

 Common in such a manner as to maintain a right, 

 and that from Sir Charles Eussell's property of Tad- 

 worth 200 sheep had been turned out. Thus pasturage 

 was needed for 1,440 sheep in all. The Court further 

 * Robertson v. Hartopp, 43 Ch. Div., 484. 



