case james against TUTNEY Hilary term car roll a custom in a manor to make  bylaw for the regulation of a common or great waste parcel of the manor be  good S C Jones roll ab roll ab   light hob more dyer carter palmer   Savil lev  burr a bylaw that no commoner shall put his sheep into a particular part of  the common be good Com dig in a action for a penalty under a bylaw notice of  the bylaw need not be allege Carth roll Abr Com dig Cowp error of a judgement  in replevin in the common plea where the defendant make conusance as bailiff  to sir John Stowell for that the say sir John Stowell be seize in fee of the  manor of Somerson whereof a great waste call Kinsmore be and from time whereof  c be parcel and that the say sir John Stowell and all those who estate c have  have time whereof c in the say more a croak car court to be hold twice every  year by the steward of the manor in which court upon reasonable summons all  the commoner within the say common have use to appear or to be amerce and that  within the manor be such a custom that the steward shall out of the commoner  choose a jury to inquire of all purprestures and misfeasances within the say  common and that the say jury have use to make ordinance concern the wellusing  the common and that all those who have common have use to be obedient to the  performance of those ordinance under a reasonable pain to be set down by the  jury for which pain forfeit the lord of the manor have use time whereof c to  distrain and allege in fact that at such a court a bylaw be make by such be  juror whereby it be order that no commoner shall keep any sheep in the bind  below the mere under the pain of three shilling four penny and for keep sheep  against the say ordinance and the penalty forfeit the distress be take upon  this conusance the plaintiff demurrer and judgement be give for the avowant  error be bring bear now assign for error first that this be not a good bylaw  to bind one for his inheritance but all the court hold that a ordinance by  custom for the government of the common be good and this be not to take away  the inheritance but for regulate the common vide Elizabeth dyer   Henry pl  croak car er p second because he do not show that the plaintiff have notice of  this ordinance but it be proclaim in court as it be allege in the plea be be a  commoner be bind to take notice thereof for none else be bind to give he  notice three because cost be give in this case to the defendant and it be say  that it be out of the statute of Henry c and Henry c be a distress for a  penalty and of that point the court will advice a