?>66 C O M 
hold in his common be oufted of, or hindered therein, 
that he cannot nave it fo beneficially as he uled to do; 
whether the interruption be by the lord or any ftranger, lie 
may have an afiife againft him : but if the commoner hath 
only an eftate for years, then his remedy is by ailion on 
the cafe. And if it be only a fmall trefpafs, that is lit¬ 
tle or no lofs to the- commoner, but he hath common 
enough befides, the commoner may not bring any a£tion. 
4 Rep. 37. Dyer 316. 
A Commoner cannot dig clay on the common, which 
deilrcys the grafs, and carrying it away doth damage to 
the ground : fo that the other commoners cannot enjoy 
the Common, in tain amplo inodo as they ought. Godb. 344, 
Alfo a commoner may not cut buflies, dig trenches, See. 
in the common, without a cuft'om to do it. 1 Nelf. 462. 
If he makes any thing de novo, he is a trefpaflfer : he can 
do nothing to impair the common 3 but may reform a 
tiling abufed, fill up holes, &c. 1 Brovbnl. 208. A com¬ 
moner may abate hedges eredted ©n a common; for 
though- the lord' hath an intereft in the foil, by abating 
the hedges, the commoner doth not meddle with it. 
2 Mod. 65. Any man may by prefcript.ian have common 
and feeding for his cattle in the king’s highway,-although 
the foil doth belong to another. But the occupation of 
common by ufurpa'tion, will not give title to him’that 
doth occupy it unlefs he hath had it time beyond memory'. 
Upon agreement between two commoners to enclofe a 
common, a party having intereft not privy to the agree¬ 
ment, will not be bound ; but one or two^wilful perfbns 
fhall not hinder the public good. Chan. Rep. 48. Com¬ 
mons muft be driven yearly at Michaelmas, or within fif¬ 
teen days after: infe&ed horfes, and ftone-horfes under 
iize, are not to be put into commons, under forfeitures, 
by 3?. Hen. VIII. c. 13. New erected cottages, though 
they have four acres of ground laid to them, ought not to 
have common in the waffe. 2 I.njl. 740. In law proceed¬ 
ings, where there are two diftinft- commons, the two 
titles mult be fliewn : cattle are to be alleged common, 
able; and common out to be in lands commonable: and 
the place is to be fet forth where the mefluage and lands 
lie to which the common belongs. 1 Nef. 462. Common 
appendant, becaufe it is of common right, fhall be appor¬ 
tioned by the commoner’s purchafe of part of the land in 
which he hath fuch common: but common appurtenant 
lhall be extinct by the coijimoner’s purchafe of part of 
the land. Both common appendant and appurtenant 
lhall be apportioned by alienation of part of the land to 
which the common is appendant or appurtenant. Co. Lit. 
122. O-iven yiz. Cro. Ehz. 594. 
A releale of common in one acre, is an extinguifhment 
of the whole common. If A. hath common in the lands 
of B. as appurtenant to a mefluage, and after B. enfeoffs 
A. of the faid lands, whereby the common is extinguifli- 
sd-j and then A. leafes to B. the faid mefluage and lands, 
with all commons, &c. ufed or occupied with the faid inef- 
fuage; this is a good grant of a new common for the time. 
Cro. Eliz. 570. If feveral perfons are leifed of feveral 
parts of a common, and a commoner purchafes the inhe¬ 
ritance of one part, his entire common is extinct. 1 And. 
3 59. When a man hath common appendant for a certain 
number of cattle, and to a certain parcel of land, if he 
fell part of it, the common is not extinguiflied; for the 
purchafer fhall have common prorata-, but it is other- 
wife in common appurtenant. 8 Rep. 78. Nelf. 460. 
By 13 Geo. III. c. 81, in every parifh where there are 
common field lands, all the arable lands lying in fuch 
fields, fhall be cultivated by the occupiers, under fuch 
rules as three-fourths of them in number and value, (with 
the confent of the land and tithe owners, the latter not 
to receive any fines, only rents,) fhall appoint by writing 
tinder their hands: the expence to be borne proportion- 
ably, under the management of a field-mafter, or field- 
reeve, to be appointed annually in May. Perfons having 
right of common, but not having land in fuch fields, and 
perfons having fheep-waiks, may compound for fuel) right, 
M O N. 
by Written agreement, or may, with their confent, 2 mhr 
parts allotted them to common upon. And the balks, 
flades, and meres, may be ploughed up. Lords of ma¬ 
nors, with the confent of three-fourths of the commoners, 
on the waftes and commons within their manors, may de- 
mife (for not more than four years)' any part of filch 
waftes, See. not exceeding one-twelfth part; and the clear 
rents referv-ed for the fame, fhall be.applied in improving 
the refidue of fuch waftes. In every manor where, there 
are ftinted commons, in lieu of demifing part thereof, 
afleftments on the lords of fuch manors, and the owners- 
and occupiers of fuch commons, may be made, and the 
money employed in the improvement of the commons, 
under the direction of the majority ; which (.or in fome 
inftances two-thirds) may regulate the depafturing, open¬ 
ing, (hutting-up, breaking, and undocking, the commons, 
and the kind of cattle to be allowed the commoners. All 
rights relative to commons, previous to this aft, are faved; 
except as againft perfons who become lubjeft to regula¬ 
tions made under the ftatute. 
Common of Estovers, or "efiouviers, that is neceffi- 
ries, from ejlojfer , to furnifli. A liberty of taking necef- 
fhry wood for the ufe or furniture of a houfe, or farm, 
from off another’s eftate. 2 Comm. 35. Or in the language 
of the law, for houfe-bote, plough-bote, and hay-bore. 
See Bote. What botes are r.eceft’ary, tenants may take, 
notwithftanding no mention be made thereof in their 
leafes; but if a tenant take more houfe-bote than is need¬ 
ful, he may be puniflied for wife. Terms de Ley. Tenant 
for life may take upon the land demifed realonable elto— 
vers, unlefs reftrained by fpecial covenant : and every 
tenant for three years hath three kinds of eftovers inci¬ 
dent to his eftate. When a houfe, having eftovers ap¬ 
pendant or appurtenant, is blown down by wind, if the 
owner rebuilds it in the fame place and manner as before, 
his eftovers fhall continue : fo if he alters the rooms and 
chambers, without making new chimnies ; but if he erect 
any new chimnies, he will'riot be allowed to fpend any 
eftovers in (rich new chimnies. 4 Rep. 87. 4 Leon. 383. If 
one have a dwelUng-houfe whereunto common of eftovers 
doth belong, and the houfe by fire is burnt down, and a 
new one built near to the place, or in the place in ano¬ 
ther form, the eftovers are gone; but if the old houfe bs 
only fome of it down, it is otherwife; and in all cafes 
where the alterations to a houfe do no prejudice to the 
tertenant or owner of the land or wood, the eftovers will 
remain. F. N. B. 180. Where a man hath eftovers for 
life, if the owner cut down all the wood, that there is 
none left for him, he may bring an aflife of eftovers; and 
if the tenant have but an eftate for years, or at will, he 
may'have an aftion on the cafe. Moor Ca. 65. If the te¬ 
nant who hath common of eftovers, (hall ufe them to any 
other purpofe than he ought, he that owns the wood may 
bring trefpafs againft him : as where one grants twenty 
loads of wood to be taken yearly in fuch a wood, ten. 
loads to burn, and ten to repair pales 5 here he may cut 
and take the wood for the pales, though they need no 
amending, but then he muft keep it for that life. 9 Rep. 1 13, 
Common of Piscary, is a liberty of fifliing in ano¬ 
ther man’s water. Common of pifeary to exclude the 
owner of the foil, is contrary to law: though a perfon by 
preferiptioiftmay have a feparate right of fiftiing in fuch 
water, and the owner of the foil be excluded ; for a man 
may grant the water, without pafling the foil; and if one 
grant feparaliam pifeariam, neither the foil nor the water 
pafs, but only a right of fifhing. 1 Injl. 4, 122. 5 Rep. 34^ 
Common of Turbary, is a licence to dig turf upon 
the ground of another, or in the lord’s wafte. This com¬ 
mon is appendant or appurtenant to an houfe; and not to 
lands j for turfs are to be burnt in the houfe : and it may 
be in grofs; but it does not give any right to the land, 
trees, or mines. It cannot exclude the owner of the foil, 
ilnjl. 4, 122. There is alfo a common of digging for 
coals, minerals, (tones, See. All thefe bear a reftmblance 
tp common of pafture in many relpeifts j though in one 
s point 
