#### Jenkins' case.

Trin. 2 Car.

ONE prescribed that all the occupiers of B. habuere et habere consuevere common, in such a place in Cornwall, ratione vicinagii, and whether this was well pleaded without alledging time out, &c. was the question.

Rolls.

It is not necessary here; because as much is implied. *162 21 H. 7. 25. One justified raising, &c. which stopped the common way; it is not necessary to shew that it was the common way, time, &c. for it is implied.

Curia.

(Crew, C. J. absente.)

E contra. For the prescriprion is the ground of a common by vicinage. Aliter when one claims a common appendant. Poph. 201.