Mr. Davey's opinion on the case so stated confirmed
the advice given to the Conservators as above mentioned,
viz : that no right of Common exists except in those who own or
occupy private pasture ; such must therefore be taken to be the
law. The Conservators have given directions to their legal
officers, that in case any person is dissatisfied, and is desirous
of obtaining a judicial decision on the subject, he shall have
every facility given him for so doing at as little expense as
possible. At the same time the Committee are aware that
while many of those who possess the legal right make no use
of it, a number of respectable persons who do not possess it
make (and have for some years, without effectual interference
by the Forest Authority made) a living by turning out
animals. They have therefore instructed the Superintendant
as a temporary measure to enquire into the circumstances of
each of such cases, and to authorise the Beeves to continue
to mark for those persons whose cattle have been marked for
some years, although not legally Commoners, and to report
the names of such persons to them.
The Register of Commoners formed under Schedule 4 of
the Act of 1878 is only binding as to the right to vote in the
Septennial Election of Verderers. At the same time it is
tolerably certain that if it were kept in a correct state by an
annual revision, it would form a valuable record, and tend
greatly to clear the question of Common rights from difficulty
and uncertainty in the public mind. Doubts having been enter-
tained whether an annual revision was within the powers of
the Committee under the Act, this question was also included
in the case submitted to Mr. Horace Davey. His opinion was
unequivocally in favour of the power of annual or even more
frequent revision if necessary, and it is much to be hoped
that this power will be exercised in future.
25th Feb., 1885.