206 BANSTHEAD 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 Russell’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. - 
