Fitch against Rawling, Fitch and Chatteris. [in the COURTS of COMMON PLEAS and EXCHEQUER CHAMBER]
| Jurisdiction | England & Wales |
| Judgment Date | 04 February 1795 |
| Date | 04 February 1795 |
| Court | Court of Common Pleas |
English Reports Citation: 126 E.R. 614
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER
Referred to, Mayor of London v. Cox, 1867, L. R. 2 H. L. 274; Warrick v. Queen's College, Oxford, 1870-71, L. R. 10 Eq. 129; L. R. 6 Ch. 716. Followed, Hall v. Nottingham, 1875, 1 Ex. D. 3. Referred to, Bourke v. Davis, 1889, 44 Ch. D. 120. Discussed, Edwards v. Jenkins, [1896] 1 Ch. 311. Referred to, Mercer v. Denne, [1904] 2 Ch. 550; [1905] 2 Ch. 586.
fitch against bawling, fitch and chatteris. Wednesday, Feb. 4th, 1795. [Heferred to, Mayor of London v. Cox, 1867, L. B. 2 H. L. 274; War-rick v. Queen's Cottege, Otford, 1870-71, L. E. 10 Eq. 129; L. E. 6 Ch. 716. Followed, Hall v. Nottingham, 1875, I Ex. D. 3. Eeferred to, Bourke v. Davis, 1889, 44 Ch. D. 120. Discussed, Edwards v. Jenkins, [1896] 1 Cb. 311. Eeferred to, Mercer v. Derme, [1904] 2 Ch. 550; [1905] 2 Ch. 586.] A custom for "all the inhabitants of a parish to play at all kinds of lawful games, sports and pastimes (a) in the close of A. at all seasonable times of the year, at their ò free will and pleasure," is good. But a similar custom, " for all persons for the time being, being in the said parish," is bad. This was an action of trespass for breaking and entering the Plaintiff's close at Steeple Bumatead in Essex, and playing there, with divers other persons to the Plaintiff unknown, at a certain game called cricket, and other games, sports, and pastimes, and ii so doing, &c. Pleaa 1st. Not guilty by all the Defendants. 2d. By Chatteris, "That there now is and from time whereof, &o. hath been a certain atitient and laudable custom used and approved of in [394] the said parish, that is to say, that all the inhabitants for the time being of the parish aforesaid, have during all the time aforesaid, used and been accustomed to have, and of right ought to have had, and still of right ought to have the liberty and privilege of exercising and playing at all kinds of lawfut games, sports and pastimes, in and upon the said close in which, &c. every year, at all seasonable times of the year at their free will and pleasure;" he then averred, that at the several times when, &c. he was an inhabitant of the said parish, and at those times, being seasonable times, he entered the loeus in quo, and played at cricket, &c. The third plea, by Eawling and Fitch, stated the custom to be for " all persons for the time being, being in the said parish, to have the liberty and privilege of exercising and! playing at all kinds of lawful games, sports and pastimes, in and upon the locus in quo at all seasonable times, &c." and justified under that custom. The replication to each plea traversed the customs alleged, and on the traverses issues were joined, and a verdict found for the Defendants. And now Le Blanc, Serjt., shewed oansa against a rule to arrest judgment (b). There is no good objection to the customs stated on this record, and therefore no ground for arresting the judgment. It is laid down in Gateward's case, 6 Co. 59 b. that though a custom for the inhabitants of a place, as such, to take an interest or profit in the soil of another is bad, yet a...
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