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CHAPTER XVII. 

 Village Greens. 

 It has already been pointed out that the law has not 

 recognised the validity of any custom of the inhabi- 

 tants of a district, manor, or parish, for the enjoyment 

 of a right of a profitable nature ; and that so vague and 

 uncertain a class of people, as the inhabitants of a place, 

 cannot claim such a right by prescription. The judges, 

 however, have admitted the possibility, subject to very 

 narrow and strict limitations, of the inhabitants of a 

 village claiming a right by custom to play games on 

 the village Green, or even on land belonging to a 

 private owner. The custom must be of a very definite 

 character ; it does not extend to mere recreation, in the 

 sense of roaming about an open space ; it must, ap- 

 parently, be distinctly for games. It must also be 

 alleged on behalf of the inhabitants of a parish, manor, 

 or defined district, and not on behalf of all the world ; 

 for it would seem that the older authorities have laid it 

 down that a custom alleged on behalf of the public 

 generally would be part of the general law of the land, 

 and could not, therefore, be proved as existing only 

 in a particular place. There must also be evidence 

 of a continuous user without any commencement of the 

 custom. 



The right of villagers to play games on a village 



