You are in [Themes] [Town and Manor] [Hocktide Rules]
The Hocktide Rules are read by the Steward each year at the Annual Hocktide Court. In 2011 these were:
Also 1. They do order that the several persons this day elected to bear the several Offices aforesaid and every of them do appear at the Court Leet to be holden for the said Borough on Friday the sixth day of May instant at Eleven o'clock in the forenoon and be then and there sworn to execute their respective offices.
Also 2. In these Rules where the context so admits:-
(a) the term "Borough" shall mean "the Borough of Hungerford" (otherwise known as The Town and Manor of Hungerford) and the term "Sanden Fee" shall mean "The Liberty of Sanden Fee".
(b) the term "The Common" shall mean the Hungerford Common Port Down which is part of the Borough
(c) the term "the Marsh" shall mean Freeman's Marsh which is part of Sanden Fee
(d) the term "Common lands" shall mean the Hungerford Common Port Down and Freeman's Marsh collectively
(e) the term "Commoners" except as hereinafter specifically stated shall mean the commoners of both The Borough and Sanden Fee
(f) the term "inhabitant occupier" or "bona fide occupier" shall in these rules be deemed to mean the bona fide occupier resident whether owner-occupier or tenant of the tenement to which the right of Fishery and Common appertains and who actually resides and sleeps on the premises as his or her usual place of abode, except in the case of a tenement which is used and occupied as business premises, in which case the tenant or occupier thereof if he shall be actively engaged in such business and resides within the radius of five miles from the Hungerford Town Hall shall be deemed as an "inhabitant occupier" or "bone fide occupier"
Also 3. They do order that a Meeting of the Commoners be held on the Tuesday preceding Hocktide, at the Town Hall at 6 o'clock in the evening for the purpose of selecting the Hocktide Jury. The Constable and such of the Trustees who are Commoners shall be members of that Jury by virtue of their Office.
Also 4. They do order that the Hocktide Jury shall meet in the Town Hall of the Borough on any day to view encroachments and trespasses (if any) or attend to any other matter relating to the Rights and Privileges of the Borough on having a summons from the Constable.
Also 5. They do order that the said Jury do fine the said Commoners who have this day made default in appearance in the sum of Twenty-five pence each to be paid to the Steward of the Court on or before Whit-Monday next unless the Constable in his discretion is satisfied that any Commoner has a proper reason for non attendance and in default thereof the person so neglecting or refusing to pay the same shall forfeit his or her right of Common on the Common lands and also his or her right of Fishery in the Common Waters for the residue of the ensuing year.
Also 6. They do order that if two or more parties occupy a Common Right House, the Landlord or his agent of the said house shall declare to the Steward which of the Tenants shall be entitled to the rights of common under these Rules, and the Tenant declared to be the Commoner shall sign the Hocktide Court rules at the office of the Steward before exercising any such rights.
Also 7. They do order that any new occupier of a Common Right House shall before he exercises any of his rights as a Commoner attend at the Steward's office and sign the Rules.
Also 8. They do order that in case any Commoner, Renter or Occupier of any Common right shall directly or indirectly infringe or shall aid or assist any other person or persons either directly or indirectly to infringe any Bye Law made at this Court, such commoner shall be liable in addition to any penalty or penalties hereby imposed, to lose all his right of Common for the space of twelve calendar months next ensuing after so infringing if in the opinion of the Hocktide Jury when summoned for that purpose or of a majority of such Jury such Commoner, Renter or Occupier shall be deemed and adjudged to have so infringed any Bye Law.
Also 9. They do order and agree that the said Constable and Trustees and Jury shall aid and assist the Overseers in enforcing the due execution of several Orders made at this Court respecting the said Commons and that in case of any litigation concerning the Rights of Common as to any Owner or Occupier stocking the same contrary to any of the Orders made at this court, the same shall be carried on at the expense of the Constable and Trustees out of monies in their hands or under their control as officers.
Also 10. They do order that the person entitled to exercise rights of fishing and shooting as a Commoner must be the bona fide occupier, of the Tenement to which the right of Common appertains.
Also 11. They do order that any person occupying a Tenement to which a right of common belongs and which shall be let to him or her furnished may exercise the right of fishing and shooting provided he or she is the bona fide occupier of the whole of the Tenement to which such right of Common belongs and has been such bona fide occupier for at least six months prior to the first day of May next.
Also 12. They do order that no person occupying a Tenement to which no right of common belongs shall have any right of common whatsoever.
Also 13. They do order that if any Commoner shall act contrary to any of these Rules and regulations he shall for each and every such offence forfeit and pay to the Constable for the time being the sum of Two pounds and ten pence, and if this fine be not paid on demand it shall be recoverable as a debt or liquidated damages. Provided always that such forfeiture may be mitigated or remitted, if in the discretion of the Constable should he shall think fit so to do.
Also 14. They do order that if any Commoner, after committing any such offence as mentioned in the last preceding Rules shall commit any subsequent offence of the same or a like nature, he shall forfeit and lose all his rights of Fishing during the then remaining period of the Fishing season for that year, if by the decision of the jury to be specially convened for that purpose, or a majority of such Jury, he shall be adjudged to have forfeited such right.
Also 15. They do order that if two or more adjoining Tenements to which rights of Common appertain, and any of such Tenements shall have been or be made intercommunicating in any way whatsoever, then only one right of fishing shall be exercised in respect of such premises, but if any such premises should be reinstated into separate dwellings then such rights of Fishery as were previously exercisable in respect of each separate dwelling shall appertain but nothing in this Rule shall be construed so as to create more Common right premises than existed at Hocktide 1903.
Also 16. They do order that all legal proceedings which it may be necessary to take or defend for or in respect of any matter or thing arising out of or incidental to all or any of the above orders or Regulations, shall be taken or defended by the Constable and Trustees in the name and on behalf of the Commoners. All costs incurred in taking or defending any legal proceedings shall be paid by the Constable and Trustees out of any monies in their hands or under their control as such officers.
Also 17. They do order that no Inhabitant of this Borough or of Sanden Fee unless a bona fide occupier as here before defined, shall be entitled to exercise any common rights on Hungerford Port Down or Freeman's Marsh or the right of fishing in waters belonging to the Borough and Manor of Hungerford, or the Liberty of Sanden Fee or Sporting Rights over the Manor of Hungerford and Liberty of Sanden Fee except as provided by Rule 34.
Also 18. They do order that the Commoners of the Borough and Manor of Hungerford have the right of fishing and shooting in the Borough and Manor of Hungerford and also in the Liberty of Sanden Fee; but the Commoners of the Liberty of Sanden Fee have no right of fishing or shooting in the Borough and Manor of Hungerford, but only within the Liberty of Sanden Fee.
Also 19. They do order that all persons except Commoners taking watercress from the Rivers and Streams within the Manor of Hungerford and Sanden Fee without the sanction of the Constable be forthwith forbidden and on a repetition of the offence after notice, they be proceeded against according to law.
Also 20. They do order that the right of the Commoners to fish in the Waters belonging to the Manor of Hungerford and Sanden Fee is limited to three days each week, namely Mondays, Thursdays and Saturdays between the first fishing day on or after the 1st day of May and the 30th day of September in each year (except Cray fish hereinafter mentioned). Grayling fishing ends on 31st December.
Also 21. They do order that the right of fishing and Shooting is restricted to the Commoner personally, and no person occupying a Tenement having rights of Common attached shall let his or her right of Fishing and Shooting nor shall the owner of a Tenement having common rights attached let the right of Fishing to any other person than the actual occupier of such Tenement as defined by these Rules.
Also 22. They do order that any Commoner exercising his right of fishing shall contact the Fishery Manager before May 1st each year and shall receive from him a current rule book of the Fishery and that those rules concerning methods of fishing shall be deemed to apply equally to Commoners and Ticket Holders and shall be obeyed by them.
Also 23. They do order that the period for taking Cray Fish shall commence on the 1 st day of August and end on the 30th day of September following, and that no commoner shall fish for or take Cray Fish on any other days than the accustomed days, viz; Mondays, Thursdays and Saturdays during such period.
Also 24. They do order that no Commoner shall use more than three nets at any one time when fishing for Cray Fish.
Also 25. They do order that Commoners be allowed to fish for Pike on the accustomed days except during the close season March 16th to June 15th inclusive. Dead bait over 6" may be used. No live bait, spinning bait, spoon or any form of plug bait may be used.
Also 26. They do order that the Water Bailiffs, Water Keeper and all persons authorised by the Constable be authorised to examine fishing tackle, bags, baskets and flies of Commoners and Ticket Holders.
Also 27. They do order that no persons exercising his right of Fishing either as a Commoner or Ticket Holder be allowed to have more than one rod set up at one time at the water side.
Also 28. They do order that no fishing be allowed from any bridges carrying a Public Highway or from the site of the War Memorial.
Also 29. They do order that wading be strictly prohibited except in Freeman's Marsh.
Also 30. They do empower the Trustees to let the Fishery upon such terms and conditions as they may think fit, but without prejudice to the rights of Commoners.
Also 31. They do order that no Gravel be dug and carried away from the Gravel Pits on the Common.
Also 32. They do order that a Commoner shall only be permitted to exercise his or her right of grazing on the Common lands personally and shall not be permitted to let or transfer such right of grazing to any person whomsoever and the Constable and Trustees shall be responsible for letting the right of grazing of any Commoner not personally exercising the same in any year and for applying the entry fees for the general benefit of the Commoners.
Also 33. They do order that no horse or cattle shall be turned out upon the Common or the Marsh until particulars thereof have been delivered to the office of the Steward on or before the 1st March in each year. There shall be paid prior to turn out in each year £3 per head for each and every animal except that where the right of any Commoner not personally exercising the same is let by the Constable and Trustees the turn out fee payable shall be fixed annually by the Constable and Trustees. There shall be paid for each substituted animal the sum of 50p. In every case the identification numbers of all cattle shall be delivered to the Steward prior to turn out.
Also 34. They do order that any person or persons not being an inhabitant or bona fide occupier as defined by these Rules but being the owner of Owners-Occupier or Occupiers of any lock-up premises within the Borough to which a right of Common belongs shall be permitted to stock his her or their right of grazing on the Common lands personally.
Also 35. They do order that no cattle under Twelve months old shall be turned upon the common lands for the ensuing year, not any heifer or yearling having a collar with points to prevent sucking any milch cow, and should any such be so turned upon the common lands the owner thereof shall cause the same to be taken off within two days after notice given to him under penalty of fifty pence to be paid to the overseers of the Common.
Also 36. They do order that no Horses or Cattle shall be allowed on that part of the Common set aside and used as a War Memorial Ground nor shall any shooting be permitted on the War Memorial Ground.
Also 37. They do order that no cow that has aborted shall be turned out on the Common lands for at least twenty-one days afterwards.
Also 38. They do order that no Entire Colt or Rigg be turned on the Common lands and that if any such Colt or Rigg be there found the Overseers be empowered to forthwith remove the same.
Also 39. They do order that Mares may be turned on the Common provided always that no Horse or Mare be turned upon the Common except the property of a Commoner.
Also 40. They do order that if any Commoner or Renter be required to remove from the Common lands any horse, cow or heifer by order of the overseers of the Common, such Commoner or Renter shall be allowed to enter another horse, cow or heifer in the place of the one removed without payment of the usual fee on the entry of Cattle.
Also 41. They do order that any Commoner be found to stock his, her or their right of common contrary to any of the orders made at this Court, the horses or cattle so trespassing shall be forthwith impounded by the Overseers and the Commoner for every offence shall forfeit and pay to the Overseers of the Common Two Pounds ten pence for every horse, cow and heifer or other neat cattle found so trespassing.
Also 42. They do order that all horses or cattle impounded as trespassing contrary to any of the Orders herein contained shall, if the Owners thereof neglect or refuse to pay the fine and expenses payable for such trespass, be sold by public auction within fourteen days after such impounding, or as an alternative if such fine and expenses shall not be paid on demand, the same shall be recoverable as a debt or liquidated damages.
Also 43. They do order that no persons without the consent of the Constable be permitted to ride or drive horses or vehicles over the Common lands except over the metalled roadways.
Also 44. They do order that the several persons who of right are liable to repair the hedges and fences against the Common lands shall henceforth during the ensuing year well and sufficiently maintain and repair such hedges and fences.
Also 45. They do order that no Commoner shall exercise his right of shooting (except for rabbits) between 1st February and 31st August in each year nor shall any Commoner exercise his right of Shooting before five o'clock in the morning (Greenwich Mean Time).
Also 46. They do order that any Commoner exercising their right of shooting shall contact the Constable before September 1st each year and shall receive from him or her, a current risk assessment for shooting and the map of the area concerned which must both be acknowledged and signed.
Also 47. They do order that no Ferreting be allowed on the common lands except by the direction of the Overseers.
Also 48. They do order that all horses and cattle be removed from the Common and Freeman's Marsh not later than the 31st October next and the Common and Freeman's Marsh be available to graze from the first Tuesday after the 20th February each year subject to the availability of enough spring grass in the opinion of the majority of Graziers and Commoners exercising their grazing rights at their meeting of the week before and supported by the Constable and Trustees.
Also 49. They do order that no steers be turned out upon the common and that the overseers may permit steers to be turned out upon the Marsh but the Overseers may at any time withdraw any permission which may have been so given.
Also 50. They do order that all cattle (not of a poll breed) shall be de-horned before being placed on the common lands.
Also 51. They do order that no cattle shall be entered on Hungerford Port Down and Freeman's Marsh unless they are fully accredited under the Government Regulations.
The Canal Wharf, 2011