Home1823 Edition

SURCHARGE OF COMMON

Volume 20 · 482 words · 1823 Edition

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.

Writ of Second SURCHARGE, de secunda superonera-

(A) When the Abyssinian slaves are promoted to any office under the Mogul government, they are called Siddees. SURF

duced on it any perceptible effect. Sumatra, though not continually exposed to the south-east trade-wind, is not so distant but that its influence may be presumed to extend to it; and accordingly at Poole Pesang, near the southern extremity of the island, a constant southerly sea is observed, even after a strong north-west wind. This incessant and powerful swell rolling in from an ocean, open even to the pole, seems an agent adequate to the prodigious effects produced on the coast; whilst its very size contributes to its being overlooked. It reconciles almost all the difficulties which the phenomena seem to present, and in particular it accounts for the decrease of the surf during the north-west monsoon, the local wind then counteracting the operation of the general one: and it is corroborated by an observation, that the surfs on the Sumatran coast ever begin to break at their southern extreme, the motion of the swell not being perpendicular to the direction of the shore. This explanation of the phenomena is certainly plausible; but, as the author candidly acknowledges, objections may be urged to it. The trade-winds and the swell occasioned by them are remarkably steady and uniform; but the surfs are much the reverse. How then comes an uniform cause to produce unsteady effects?

In the opinion of our author it produces no unsteady effects. The irregularity of the surfs, he says, is perceived only within the remoter limits of the trade-winds. But the equatorial parts of the earth performing their diurnal revolution with greater velocity than the rest, a larger circle being described in the same time, the waters thereabout, from the stronger centrifugal force, may be supposed more buoyant; to feel less restraint from the sluggish principle of matter; to have less gravity; and therefore to be more obedient to external impulses of every kind, whether from the winds or any other cause.