Glamorgan Gazette - Friday June 13, 1919 Rights of Common Action for Tresspass against Porthcawl Farmer An important decision affecting Porthcawl farmers was given by Judge Rowland Rowlands at Bridgend County Court on Thursday in a case in which John Elais, Seabank, Porthcawl, claimed £10 10s damage for alleged tresspass by cattle belonging to Richard Jenkins, farmer, Nottage, Porthcawl. Mr Villiers Meager (instructed by Mr W.M. Thomas, Bridgend) was for plaintiff and Mr A.Henton, Bridgend acted for defendant. Mr Villiers Meager said that the defendant held two acres of land on The Green on Locks Common, Porthcawl and grazed eight or nine cattle. The cattle had trespassed on plaintiffs garden but in order to reach the garden they had to pass through an opening where, years ago, a gate stood. This had fallen into disrepair and was removed and the pillars on which it was fixed were removed to widen the roadway. A point arose as to whether defendant was liable for the act of other persons in removing the gate. The plaintiff, formerly a member of Porthcawl Urban Council said he remembered the gate being in existence when he was a boy and it was near to Seabank. It was the usual thing for farmers to cross Locks Common. There was no sea fence, only a fence on the field. No fence existed cutting off Locks Common and the other part, and for the first 150 yards there were pebbles. Then came the green, which was now public, as the Council had erected a band-stand, etc., on it. People went that way with cattle, but their question of right had been disputed all along. The road through the opening had been repaired by the Council and expenses passed by the Government auditor. The old gate fell into disrepair years ago and was found in the undergrowth. A similar gate existed at Nottage Court, erected, he believed, 100 years ago. Mr G.E. Blundell, lord of the manor, also gave similar eveidence. In reply to a question, Mr Blundell said the tenants would have a right of grazing on the green near the band-stand, but the pasture was not so good as it was. His Honsour said there was no fence erected, and he did not see it was the duty of any private owner to put up a fence to keep off cattle from the common. The real point is that the commoners must keep their cattle on the common. He gave judgement for plaintiff for £3 and costs. website researcher/author: Copyright © Rob Bowen, Kenfig.org Local Community Group, 2014 Source: National Library of Wales, Welsh Newspapers Online (welshnewspapers.llgc.org.uk/en/home)
Posted on: Fri, 25 Jul 2014 17:22:35 +0000
Trending Topics
Recently Viewed Topics
© 2015