Newspaper Archives Archives 1900 - 1909
| Sept 1903 Public Rights on the Towing Path |
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The case affecting the public rights on the towing path alongside the Wilts and Berks Canal, arise through Henry Hiscock, haulier, canal side, being summoned for allowing two of his horses to stray, again came before the Swindon magistrates to-day. Mr. W. J. Ainsworth, on behalf of the Canal Company, questioned P.C. Bowyer with regard to the time of the occurrence and elicited that the animals were found about 150 yards on the Swindon side of Haines bridge.Mr. Ainsworth then informed the Bench that he went over the towing path last night with Hiscock and the tenant of the adjoining farm. The stile which led from the path into the meadow, was not a stile in the proper sense of the term and there was no gate by the Haines Mill stopping the path, neither was there any gate to the west of the stile for some quarter of a mile. He contended that the police, finding their original summons was likely to fail, had amended it. He brought witnesses on Monday to prove that the towing-path was a private footway subject to the rights which existed under the Canal Act, and the public had no right over the path. The police had changed front and sought to prove that Hiscock had allowed his horses to stray, not on the towing path but on an ancient footway.The evidence of their witness did not prove that at all, because the witnesses were unable to distinguish between that part of the the towing path and the rest of it. His first objection to the summons was that no ancient footway had been proved, but, supposing there had been an ancient footway, it had been disused as such for years.There was no continuous footway at all, and the road did not lead anywhere. The Chairman, after consultation with his colleagues, said they were satisfied that that portion of the towing path was a right-of way. They did not say anything generally, but felt they must convict.They did not think it was a case in which they must impose a penalty, as they believed the man acted in ignorance, and he would only have to pay the costs.
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