Occupiers.

principle the free and customary tenants within the bounds of an ancient forest may claim by custom to have common of pasture and other common rights over all the wastes of the forest, as appurtenant to their tenements; and such customary rights, as originating in Crown grants, are held to be paramount to the local rights of lords of manors within the forest to inclose waste; the Crown in granting the manors having presumedly reserved the forestal rights (e).-If the copyhold and freehold tenants of a manor have similar customary rights they may join in claiming them. "The copyholders might by custom be entitled to that to which the freeholders are entitled by prescription; and if the rights are identical, both classes might well join in a suit against the lord if he should attempt to exclude them " (ƒ).

There can be no custom that "occupiers," or "inhabitants," in a manor or district, merely as such, should have rights of common or other profits, except as appurtenant to tenements occupied or inhabited; because a profit à prendre cannot be claimed by custom (g). But a custom alleged for "owners and occupiers" to have common rights was construed as claiming the rights as appurtenant, the occupiers in fact enjoying them in right of the owners (h). And a usage proved of common rights by the freehold tenants of a manor and also by the inhabitants, was presumed by the Court to be used by the inhabitants as appurtenant to their tenements, and in right of the freeholders (). Customary rights of occupiers, or inhabitants, or like classes of persons to take profits of land may also be supported in some cases as being charitable uses (j).

(e) Sewers Commiss. v. Glasse, L. R. 7 Ch. 456; L. R. 19 Eq. 134; 44 L. J. C. 129; Earl De la Warr v. Miles, L. R. 17 C. D. 535; 50 L. J. C. 754. See ante, p. 84.

(f) Hatherley, L. C., Betts v. Thompson, L. R. 6 Ch. 739; Potter v. North, 1 Wms. Saund. 350; Fisher v. Wren, 3 Mod. 250; ante, P. 371.

meaning of term, 360.

appurtenant, 333.
appendant, 336

in gross, 333.

of pasture, 333.
stinted, 334.

of turbary, 342, 365.

of pannage, 336.

of vicinage, 338, 340.

of estovers, 341.

of fishery, 176.

lord's rights of, 344, 359.
apportionment of, 359.

of copyholder, 343, 360, 568.
extinction of, by merger, 359.
approvement against, 360, 365.
surcharging, 368.

nuisance on, 369.

distress of cattle on, 432.

COMMON FIELDS, 340.

COMMONABLE CATTLE, 337.
COMMONER.

remedies of, against lord, 369.
COMMON LAW AND CUSTOM, 550.
COMMUTATION OF TITHE, 402.
COMPANY.

rent in winding-up of, 459.
COMPENSATION.

for compulsory sale of house, 89.