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MERTHYR COUNTY COURT,

PONTYFRIDD INTELLIGENCE.

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PONTYFRIDD INTELLIGENCE. THE WEATHER.—The farmers are crying out in this district for rain, the want of which is beginning to be felt. During the week we have had one or two indications of a heavy downpour, but saving a slight sprinkling, vegetation has practically suffered from drought. THE MARKET. — The .market on Wednesday was a singularly meagre one, the number of arrivals from the Rhondda Valley were exceptionally small. We suppose a reaction has set in on the plethora of visitors, who have poured into the town during the preceding two or three weeks. The state of the weather appears to have affected the prices of several commodities, such as flour, butter, cheese, and meat. THE WHITSUNTIDE HOLIDAYS.—The calendar, on Wed- nesday, contrary to general expectation, was a. remarkably small list of drunken cases arising out of undue license during the late holidays. Whether a liberal allowance was made in favour of the victims of alcoholic excess, or whether such victims were less demonstrative than usual, we are unable to state, but taking the fact as it stands, it is a matter of congratulation that so few cases required the intervention of judicial consideration. RECREATION GROUND.—We hope that the members of the committee formed to canvas the town for subscriptions for the purpose of utilizing the Common, for the benefit of the public of Pontypridd, havd not relaxed their efforts. A meeting will shortly be held to compare notes. If a strong and unanimous determination were made the success of the scheme would not be a matter of doubt. Of this thing we are certain, if the working classes of the town are apathetic and decline to co-operate, and that heartily, Jo secure a pleasant spot of ground where all can enjoy themselves, whatever is done by tradespeople and others, will to some extent, lose its interest, and end in a futile experiment. Everyone, however humble his position, should put his shoulder to the wheel, and by acting in harmony secure a consummation so devoutly to be wished as an orna- mental pleasure-ground for the town and district. PONTYPRIDD COUNTY COURT. (Before His Honour Judge FALCONER ) W. DAVIES v. RICHARD JENKINS.—Mr. Morgan ap- peared for the plaintiff, and Mr. Simons for defendant.— The particulars of this case are embraced in the summing- up of His Honour, who, in giving judgment, said A lease was made the 26th January, 1848, between Lewis Mor- gan and Lewis James, by which certain land, part of Hafod Farm, was granted to Lewis James, for 99 years, at a yearly rent of £ 4 Os. 2d., and subject to an additional rent of one penny for every square yard of the demised land, which during the term, should be used as the site or foundation of any building, in addition to the building shown on the plan. On the 2nd of May, 1849, a deed was executed between Lewis James and one Richard David, by which part of the demised land, and a house called the Parrot were demised for 97 years, at a yearly rent of jE2, to Bichard David. On the 9th of January, 1851, an inden- ture of mortgage was made between Lewis James and W. Leio-h Morgan by which all the premises demised by the leasei of the 25th January, 1848, were assigned to W. L. Morgan for the residue of the term of 99 years. Lewis James died 9th January, 1867, having by his will appointed Daniel James and Abel James executors of the same. By an indenture of the 24th of July, 1867, between W. L. Morgan of the one part, Daniel James and Abel James. the said executors, of the other part. all the land com- prised in the lease of January 26th, 1848, and the buildings erected thereon (except a certain house and premises in the occupation of one Horton), were assigned to William Davies for the residue of the term of 99 years, subject to the lease of May 2nd, 1849, and subject to the payment of the apportioned ground rent of £ 3 8s., and such additional oround rent as might be payable in consequence of new buildings. Then, by an agreement of November 19th, 1-867 Daniel James and Abel James contracted with Richard Jenkins for the sale of part of the premises con- £ inpd in the original lease for 99 years, subject to the payment of the apportioned grount rent of £1 4s. Od., the trronnd rent payable under the original lease having been mcreased by nU buildings from £ 4 0s 2d to £ 4 12s Od. it was agreed that the portion sold to Richard Jenkins «W.hl be subject to the same apportioned rent charge of jEl 4s. 0d. Then by a deed dated 15th January, 186h, and inn dp between Daniel James and Abel James of the 1st mst W. L- Morgan, 2ndly William Davies, 3rdly and Richard Jenkins, 4thly, a certain dwelling-house and pre- mises called Neudd Oleu, in the parish of Llanwonno, heine' part of the lands excepted in the inderfture of the 24th of July, 1867, as being then in the occupation of one Horton were assigned to Richard Jenkins for the remainder of the 'term of 99 years, subject to the payment of the auportioned yearly ground rent of £ 1 4s. Od., and subject to the payment of such additional ground rent as might be- come payable under the original lease of the 26th of January, 1848, in consequence of the erection of additional buildings on the premises- thereby assigned. This assign- ment to Jenkins and his apportionment of the rent payable by him was made by the representatives of Lewis Jones, the original lessee, and all the parties interested. There were covenants enabling the defendant Jenkins to distrain on Williams if he were charged more than the sum appor- tioned on his portion of the property. By the original lease of 1848 the quantity demised was 720 yards. Some time since the ground was measured, and it was found that both Daviesand Jenkins occupied a, larger space of the ground than had been demised by the orginal lease. Mr Matthew t Morgan acting in the interest of the original lessor, the ground landlord, thereupon charged Jenkius for the land not originally demised, but now occupied by him. Jenkins paid this demand and distrained on Davies, under the cove- nant, for the sum paid by him in excess of the ground rent of £1 4s. I was desired to see the ground, and have done so but in fact, my visit gave no information. The ground rent of Bl 4s applies to that land only leased by the original deed of 1848, and it is that land only which is covered by the covenant relating to a distress; What Jenkins is charged for island, in his occupation, to which the lease does not relate. 1- 1- nJ"lnl1n;tilQ He says Davife has built on ground he (Davies) occupies, I and has thereby caused the extra charge. But this is not the fact. Mr Morgan says he has measured the ground occu- nied by Davies, the plaintiff, and has charged him1for his Ground which is built on, and also for ground which he oc- cupies in excess of the land demised in 1848. Therefore this charge on Jenkins is in respect of a charge for land which Davies did not and could not demise to J enkins; though Jenkins says he has only got what hfe occupied at the time cii. the convevance to him what he occupies was not all of it conveyed by the deed to him. What he desires, however, is, that Davifes shall pay eiour,d rept on lusaccount for land in excess of that demised, by the deed ot couv^y.mce, through which they derive a, common title, and .n excess of what that lease, or demise gave to either of them. Kent '-t-f." r charged on this excess.of land in the possession of Jenkins the defendant Jenkins desires to recover from Davies, but the distress, with this object, was wrongful, and judgment must be for the plaintiff. t

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