IRature IRotes : 
n:be Sdborne Societ^j’s flDagasine. 
No. 87. MARCH, 1897. VoL. VIII. 
UNFREQUENTED FIELD-PATHS. 
OU had better go round by the road, sir : it is fearfully 
muddy across these fields,” is a piece of advice the 
pedestrian often gets when enquiring his way across 
country. Upon receiving such advice myself, two 
thoughts have occurred to me. One is, that the local rustic 
appreciates a muddy footpath as little as does the townsman ; 
and the other, that it is more than likely that many a field- 
path becomes lost to the public through partial disuse and 
neglect consequent upon the proper authorities not being com- 
pelled to keep such right-of-way in a reasonable state of repair. 
At the recent trial of the Tunbridge Wells footpath case, the 
listener could not help but have the conviction forced upon him 
more and more as the case proceeded that the cause was in 
great part being lost on this account. And I may here say that 
although the result of the action was lamentable, no one, after 
hearing the confused mass of evidence, could come to any other 
conclusion than that Mr. Fred. Roberts had not been able to 
substantiate the claim of the public to the path in question. I 
should like, however, to draw attention to several matters which 
were repeatedly urged by the plaintiffs counsel, but which the 
other side evidently did not deem to be worth contesting. Mr. 
Fred. Roberts, it may be explained, although claimant on behalf 
of the public, was defendant for trespass, the onus of proving 
the path to be a public one thereby lying upon him. 
In the first place it was held that a certain portion of the 
path, which was described as running down towards a stream 
or brook, was often impassable, there being a bog or morass 
extending for some distance from the stream, and across which 
the path had to pass. A great deal was made of the existence 
of this beg, and also of the fact that there was no bridge by 
