SURCHARGE OF COMMON

SURCHARGE OF COMMON, is a disturbance of common of pasture, by putting more cattle therein than the pasture and herbage will sustain, or the party hath a right to do. This injury can only happen where the common is appendant or appurtenant, and of course limitable by law; or where, when in gross, it is expressly limited and certain; for where a man hath common in gross, sans nombre, or without stint, he cannot be a surcharge. In this case indeed there must be left sufficient for the lord's own beasts.

The usual remedies for surcharging the common are by the lord's distraining the surplus number, or by his bringing an action of trespass, or by a special action on the case, in which any commoner may be plaintiff. The ancient and most effectual method of proceeding is by writ of admeasurement of pasture.