IN the summer of 1904 dozens of people galvanised by a coterie of protesters crowded the banks of Elton Reservoir to smash an attempt to infringe upon their freedom.

Few among the throng could have imagined that they were witnesses to a momentous episode in the history of the borough and the nation ­— and one which left an irrevocable mark on English law.

Elton Reservoir, which lies almost equidistant between Radcliffe and Bury, was constructed in the early 19th century to supply water for the nearby Manchester, Bolton and Bury Canal.

It opened in 1842 and spans 56 acres. Among its defining features is a long embankment which runs along its eastern edge, starting at Radcliffe Hall.

During the late Victorian period this embankment became a popular place for residents to take a Sunday saunter and enjoy their leisure time. It was also an important thoroughfare for men walking to work each morning.

Further along the embankment sits a feeder stream, known as Dolly Brook, taking water from the reservoir to the canal.

The watercourse and adjoining green space was another popular spot for families, with children paddling in the hot summer months while men enjoyed a pint in the nearby Farmers Arms pub.

However shortly after the turn of the century industrialists attempted to stamp their authority on the land, precipitating a legal earthquake.

In 1904 the Lancashire and Yorkshire Railway Company who owned the reservoir and canal erected barriers made of railway sleepers, fencing off the area and curtailing access.

Outraged residents removed them but they were quickly reinstated by the railway company.

Not content to have their rights trampled, a group of protesters sought the legal advice of the Pickstone Solicitors firm, then based at the junction of Stand Lane and Peel Street in Radcliffe.

The lawyers advised that the objectors test the mettle of the railway company and instructions were sent on their behalf to the police and railway company informing them that if barriers were raised again they would be dismantled.

Eight leading men intending to remove the posts added their names and addresses to the ultimatum.

On the day designated by the leading protestors an immense crowd gathered at Elton Reservoir and the eight men named on the legal document ­— William Senior, James Handley, James Yates, Jim Cowburn, John Davenport, Amos Jackson, John Lord and Abraham Whittles ­— removed the posts.

In retribution the full force of the law was swiftly brought to bear on the eight signatories who were summoned to Radcliffe Police Court on July 11, 1904.

Over the succeeding months an incredible series of legal judgements saw the case ascend through the courts until it came before the Lord Chancellor in the House of Lords.

Eventually a decision was given and the appeal was dismissed with costs, marking an extraordinary victory for people of Radcliffe and a momentous moment in English legal history.

However, taking the case to the Law Lords accrued substantial costs and money was collected from local businesses and others around Radcliffe.

After witness fees had been paid a small sum was left over and used to commission special commemorative medals struck for the eight defendants.

These were later presented at public dinner at Rams Head, Radcliffe, in 1906, in the hope that would serve as a reminder of the decisive stand taken by Radcliffe men.

The actions of these men, made well over a century ago, set legal precedent for all rights of way, with their victory extending the benefits we enjoy right up to the present when we walk in the countryside.

The historic judgement of the Law Lords ensures that landowners cannot block off rights of way on their land as they see fit, and that access rights exist, whether on public right of way or even a river.

Today, people can still walk along the reservoir and embankment, and until 1980 one of the railway sleeper barriers could be seen near to the track way. Sadly this memorial has now gone as, alas, is the Farmers Arms which was burned down in 2005.