is when a commoner puts more beasts in the forest than he has a right to. See FOREST.

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 grofs, it is expressly limited and certain; for where a man hath common in grofs, 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 trespaes, 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.

Writ of Second SURCHARGE, de secunda superonera-

tione, is given by the statute of Westm. 2. 13 Edw. I. cap. 8. when, after the admeasurement of pasture hath ascertained the right, the same defendant surcharges the common again; and thereby the sheriff is directed to inquire by a jury whether the defendant has in fact again surcharged the common; and if he has, he shall then forfeit to the king the supernumerary cattle put in, and also shall pay damages to the plaintiff.