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17
It will be observed on reading the Schedules that the modern names of the
several pieces of land forming the strip are Jackson's Mead, Charley Mead
Town Mead. Frog Mead, Fan Mead, Lonsdale Mead, and Dock Mead. Lonsdale
Mead is sometimes called Elm Tree Mead.
Enquiries conducted. The principal enquiries which are necessary in Questions
fecting Rights of Common are:-
(1.) What has been the user upon the land in question from time
immemorial, as evidenced by the oral information of the
oldest living persons ?
(2.) What is the history of the land upon which such user has taken
place ?
(3.) Wnetherthe testimony of living persons is borne out or contradicted
by documentary evidence ?
In making these enquires I have taken the testimony of some ,
fourteen of the oldest persons I could discover. I have had
a general search made among the Public Records. I have
cursorily examined the Records in the Parish Church, and
in the possession of the Veslrj', the Metropolitan Board of
Works, and the Steward of the Manor of Fulham, and
some few documents in th.3 possession of private individuals.
The Public Records and Court Rolls of the Manor are very voluminous
and extend from about the year A.D. 1066 to the present time.
Resuit of oral evidence, The modern oral evidence amounts to this—that during the
whole time of living memory the owners and occupiers of lands
and houses situated within the Parish of Fwlham, who have owned cows
or horses, have been accustomed, at their free will and pleasure, to
depasture their beasts on the lands in question from Lammas Day until
the 13th February without interruption, until the enclosure of some of
the lands by the Railway and Gas Companies and others. All the witnesses
agree as to the boundaries of the lands, theugh there seems some little
question in respect to Elm Tree Mead. Most of them have heard the lands
spoken of at times as "Fulham Marsh," or The Marshes," and some
believe or assert that the right was limited in one way or another.
The persons who have as a matter of fact been accustomed to depasture
the Town Meadows have been principally cow keepers or dairymen not
necessarily owning or occupying any lands, but merely owning or occupying
a house and yard or a house and stables.
The evidence seems clear that nobody, except persons occupying lands or
houses in the Parish of Fulham, were knowingly permitted to turn their
cattle into the Town Meadows, and these practices appear to have obtained
in respect of the Commons and other Lammas Lands in the Parish.
In addition to the evidence of usor there is evidence that an occupier of
some of these lands brought an action to prevent this depasturing of the
lands in his occupation, but acting on legal advice he abandoned his action
as futile.
The oral evidence, however, requires to be strengthened and to be
carefully worked up, but I have no doubt that there is a further considerable
bulk to be obtained.
Result of his- Speaking generally, and subject to anything which may
documentary transpire or be discovered upon a closer examination of the
evidence. documents, there is nothing in the documentary evidence
C