
    Wilmington,
    May Term, 1804.
    
      Bordeaux vs. Williamson.
    !T'*HI5 was aa action of trespass quote clausum, fregit, and tine . -*• defendant pleaded that a common way used by the neighborhood and leading to a landing and public road ran through th® lauds of the plaintiff 5 and that it had been usual to repair it by cutting tsmGbey foy the purpose near to its That the trespass «rorsp'fósieá of was for cutting needful timber for the repair of thin common v.-cy, and near to it, Per..
   Locke, Jn.dp'N

Wíjs ate of two binds — those which are cs. íabiíshtd by public authority, and private ones which are by grant or prescription. Proof, as here, that it been used as a way ioy the neighborhood for near 40 years, when the commencement of the usag-<> known, will not sui-lce for the establishment c? ;t, :vs contended for by the deioadtu.t.

Verdict for the piaiptiff,  