TOLLARD FARNHAM. 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 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 Rivers, and Sir 
Edward Clarke for the villagers. On August Sth, 
