and more than once went thither with his son home from Mrs. Winter's school at West-hill cottages. Also in later life he traveled the road many times and could testify to its having a nailed fence on both sides, and not a hedge, except a small portion at the upper part where there were also trees near the Fighting Cocks. The writer also knew Mr. Edwards when he leased the Blacklands farm, and was present with his father at a syllabub party held to celebrate the launch of one or more vessels. Mr. Edwards's successors, Richard Chandler and William Ransom, were also personally known to him, as was also Benjamin Lingham and Mr. Whyborn, occupiers of the Hole farm, where in the farm house he had had many a basin of bread and milk. He therefore could have contradicted some of the statements of the defendant's witnesses.]
James Eastland, 82, deposed to his being a carpenter at Fairlight and to his having worked with his father at Mrs. Tutt's, and to having assisted to put a gate across the road near the Fighting Cocks.
William Standen had known the road about 30 years. There were two gates fastened by a padlock. Had not passed by day, as his business called him out at night - yes, when they were going to look for tubs.
Edward Tutt was 66. Had heard the two Mr. Dunns ask his father if they might go that way from farm to farm. He lived at the house from 1799 to 1807. Didn't remember anyone else using the road. Didn't see many teams go by because he was at school.
Reginald Stokes, 68, on being examined, indulged in some vague statements which added no real information of an intelligible character.
George Taylor, who had been 17 years employed by Mr. Wyatt stated that a chain was placed across the road 35 years ago.
Mr. Bovill said he did not think he could fairly say that the witnesses he had called supported his statements, and therefore his case for the defence must now rest upon the user of 27 years, which he had already explained to the jury.
Mr. Baron Martin then enquired what the jury thought about it, and was immediately answered by the foreman that they were perfectly satisfied, and should find a verdict for plaintiff, with 40s. damages.
His Lordship remarked that it was the most clearly proved right of way he had ever heard in his life, and he hoped it would be a warning to gentlemen not to accept any diversion of road unless under seal of a written agreement.
The defendant's Counsel having stated there was no other evidence to offer beyond what had already been given, the jury returned a similar verdict in the other four cases of action brought by Messrs. Henry and Lewis Phillips, Mr. Field and the Rev. W. Twiss Turner. This account of an in-
