Star.
London, England, 1810-08-16 00:00:00

FYDELL V. WEDGE.

. Upon the fate of this trial many others depended,
and a question was involved very interesting to the
inhabitants- of Boston, and of other Parishes conti-
guous to the East and West Fens. Long previous
to the inclosure of these fens, grants, it seems, were
given to the persons who came from distant parts,
and who built houses and resided upon the spot,
of the free use of the fens for feeding cattle to any
amount. These fens contain 25,400 acres, and a
right of common was granted in order to encourage
the settlement of families and increase the popula-
tion. It has been presumed that every ancient hoint
possessed this right ; and that it was also enjoyed
by the toftsteads or scites of old houses that have I
been pulled down, whenever new houses were erect-
ed upon those scites ; and the right was sanctioned
by the Act of P. 'liament which passed for dividing
the East and West Fens. The present action was
brought to establish the right of two such houses in
a commonage, and also the right of four toftsteads.
The antiquity of the houses, and the character of
the toftsteads, were recognized ; but it was objected,
that it was not enough that they were of this descrip-
tion ; it must also be proved, that they actually have
possessed and have exercised the right claimed.
The Judge inclined to this opinion, and quoted the
case of the Somersetshire fens, which appeared to him
similar, and to be the only case in point within his
recollection. He confessed, that, in this opinion, he
had been opposed by Lord Kenyon, who, being a
Somersetshire man, had carried his point against all
the rest, but not without an Act of Parliament.

Serjeant VAUGHAN replied, that if he must esta-
blish the fact of usage, he should be obliged to
bring forward an ass for his evidence kand lie be-
lieved that his ass with long ears would be as good
!evidence as the asses his Learned Friend could pro-
duce to oppose him ; and he declared that he should
',not be afraid of getting upon his Neddy, and tra.
yelling across this immense fen of 26,000 actes. He
then produced a declaration, which was admitted to
be evidence, that a fisherman living in one of these
lhouses kept an ass, which he always turned out upon
the common to feed, and that he paid a person half-a-
guinea a year for looking after him, and bringing him
up for him to carry his fish to market on. The large
sum of half-a-guinea seemed to Mr. Clarke to be the
purchase-fee of an unjust encroachment, he takingthe
Serjeant's evidence not to be worth more than half-a-
crown. Witnesses were brought forward to prove,
that many ancient houses actually exercised this right
claimed, and that all ancient houses had the reputa-
tion of enjoying the right—none were ever known to
be interrupted in the enjoyment of it—many exercised
the privilege.who had small houses in dr: neighbour.
hood without any land ; and many who have built
houses upon the toftsteads have also enjoyed the right,
they who have inhabited even a very small house have
turned ant any number of cattle they pleased.
A verdict was given for the Defendant ; and, ac-
cording to the opinion of the Court, they only who
have exercised the right of turning out cattle, are to
enjoy it—the right is lost by being suffered to be dor-
mant.