that  though  there-were  many  tracks  in  different  directions,
none  of  them  were  enduring;  and  that  they  would  be  impass-
able in  winter.  Before  Whitehall  Road  was  made  persons
would  have  to  force  their  way  through  furze,  and  bushes,
and  swamps ;  and  it  does  not  plainly  appear  where  the
alleged  way  would  have  led,  or  why  it  should  have  been
used.  Since  Whitehall  Road  was  made  the  supposed  way
seems  to  have  been  convenient,  when  passable,  to  avoid  a
corner,  and  save  a  slight  distance  in  going  to  houses  built
since  then.  The  question,  then,  on  the  first  special  plea
is,  whether  there  was  a  right  of  way  on  the  spot  where  the
hurdles  were  placed  ?  If  you  think  there  was  no  regular
way  there,  but  that  people  merely  went  where  they  liked,
find  for  the  plaintiff.
Then  as  to  the  alleged  custom,  it  is  laid  in  the  in-
habitants; but  the  proof  is  wider  than  the  plea,  for  it
appears  that  all  the  world  went  wherever  they  pleased.
It  may  be  a  question  whether  that  would  be  a  good  custom
in  law  ;  and  of  course  if,  in  point  of  fact,  it  is  proved  as  to
all  the  world,  it  is  proved  as  to  the  inhabitants.  On  the
other  hand,  if  the  plea  be  taken  to  mean  that  the  right  is
only  in  the  inhabitants,  it  is  disproved,  for  the  proof  shows
it  to  be,  if  it  exist  at  all,  in  all  the  world.  Supposing,
however,  that  the  plea  only  alleges  that  the  inhabitants
have  the  right,  then  was  there  such  a  custom  as  is  laid  ?

As  regards  both  pleas,  observe  that  the  question  is,
whether  the  alleged  user  was  as  of  right ;  for  if  they  were
merely  permissive  usages,  the  pleas  are  not  sustained.
