The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1888-01-21 00:00:00

THE CONMVATORS OF CLEN r HILL

In the geteett's Bench Division on Tu•sday, be-
ere Mr. Juatioe Hawkins atel Mr. Justice Grantham
t'le case of Marcy v. Morris came on for h arinee—
dr. Willis Bun-r, for the appellant, sail tire was a
else in w deli the conservators of Clent Hill Con-
non, near stourbridge, had made bye-liwe under
;he Commons Act of 1878 and the Court was asked
o ecide on the eons. ruetion of those bye-laws,
vhieh teed been approved by the oeeretary of State.
rho bye-law in this case referred to the L Ware or
exposing for hire on the common of any horse, pony.
, :auk. as, or goat. The reaooedent, Ann Elizabeth
%toms, was tee owner of a piece of land adjeinin:
ele common, and she had a number of ponies whie.
ehe let out fur hire on her own land, and weir,
were used on the common. the question arose
whei her teat was a breach of the -uye-lawe? Au
leformation having been laid a,gainst tee respondent
re justiees at Stourbridge dietniseed the case,
wtiereupon the conservators appealed. The case, ee
ated by the justices, set forth that on the 27(h of
August laet two pongee went on tee land of th
re4potelent, and were told by her teat the charge
for a pony to go to a place known as Pour Stones,
m the csentnon, would by the couamon route be 8
n. by • ,orter reute, in which the highway would
used, it would be 4d. The tw persons each hired
.3. pony awl went by the latter route, payieg 44. each
rhe hiriue and payment were on the laud ot the
!•eseouteut.. but the route taken was partly on th
Amnon and patel, on the public road. It was eon
(ended on the part of the appellants that the hiring
and expc sing for hire of ponied for the purp .se ot
ecing us 'd on the rommoo, and such ponies havint
eeen di) us. d, it was a ctintinuoue hiring during the
whole tittle. The ma. istratet however, were ax
:Thelon that there was ne hiring, or exposing fee
hire, vri, bin the meetoin of the bye-law, and die.
'nu t tb information. The qu-ctien for ;he Coure
was edl,e- tier the art of hiring tho ponies upon th
tetel ct ,forri,, for the purpose ~f being used on tla
eeinne asahirin on the common, Counsel ee.
plaineO Ist this watt the usual form of bye-law
regelatin eve-y cormnon, and if the justices wet
:iget ztil the bye-laws could be evseed. lie con
tended that alth ugh the "cruel hi leg dia not ak
Jiace on the cumin°, yet, as the ponies we re hire
to be wed on the common. their hiring was a beach
of the hye-lawe. In fact it was a frau t on the con-
e ry,tors—Nir Justice Hawkins; That may b )41
b'ri.l the 0680 does not ootno within your bye lees.
Willis-Bune said the coneervivore oetain-e a
:eveuue from, horses en the conenue. and ye, in
[lie raa--close by the .cornum—ti.ere were horses
exposed for hire frotu which no rococo w d. rive .
—Me Jae ice Ha.vrkins: The preetieet rrr y be son-
tieuotte to the common, brv: toil- arc uot on tee
oommen or any part of it, therefore the eon trao r r
hiriog was otf the corainon.—The Gout, e.;th t
t
ealling on Mr. Hickey far t reepen 'tot, said e
elael.eratee were right, end diem seed the ai peal,
C.W.B.