TOLLABD FABNHAM. 219 



carrying away underwood and furze, alleged that they 

 and others had done so continuously ever since the 

 inclosure, and without objection or remonstrance from 

 the lord. 



It was stated by the arbitrator that it had been 

 proved before him 



" That from the commencement of legal memory, down to 

 the date of the inclosure, there had been ' user ' on the Common 

 by a very large number of persons in the cutting 1 of furze and 

 hazel wood for fuel. Such user was exercised continuously, 

 openly, and as of right. . . There was no evidence to show 

 that any person, living in any house in the parish of Tollard 

 Farnham, had ever been prevented from exercising such user. 

 Furze and haskets constituted the principal fuel in the village, 

 and the construction of the houses prevented the use of coal. 

 . The user has in every case been proved to be unin- 

 terrupted down to the time of the inclosure. No evidence has 

 been adduced by Lord Rivers of any permission or licence 

 given by him, under which the user took place, and there is no 

 reference to any such permission or licence in the Court Rolls 

 of the Manor, nor is such right made the subject of express 

 devise in any lease which has been produced of any tenancy 

 in respect of which user has been proved/' 



It was also shown clearly that the defendants' 

 relatives in past times had exercised their user, and 

 had often been presented at the Court Leet for cutting 

 in an irregular manner. 



The case stated by the arbitrator was argued 

 before the late Chief Baron Kelly, and the Judges of 

 the Exchequer Court, during several days, by Mr. 

 Bowen (now Lord Bowen) for Lord Eivers, and Sir 

 Edward Clarke for the villagers. On August 8th, 



