the limit within which the highway so diverted and turned or stopped up, either entirely or subject as aforesaid, shall lie, next after the expiration of four weeks from the day of the said certificate of the said justices having been lodged with the clerk of the peace, as aforesaid) be read by the said clerk of the peace in open court, and the said certificate, together with the proof and plan as aforesaid, as well as the consent in writing of the owner of the land through which the new highway is proposed to be made, shall be enrolled by the clerk of the peace amongst the records of the said court of quarter sessions: provided always, that any person whatever shall be at liberty at any time previous to the said quarter sessions to inspect the said certificate and plan so as aforesaid lodged with the said clerk of the peace, and to have a copy thereof, on payment to the clerk of the peace at the rate of sixpence per folio, and a reasonable compensation for the copy of the plan. Including different Highways in one Order or Certificate.]-Proviso (e), that in any case where it is proposed to stop up or divert more than one highway, which highways shall be deemed to be so connected together, as that they cannot be separately stopped or diverted without interfering one with the other, it shall be lawful to include such different highways in one order or certificate. Quarter Sessions may confirm Certificate for diverting more Highways than one, wholly or in part.]-Further proviso (f), that in the event of any appeal being brought against the whole, or any part or parts of any order or certificate for diverting more highways than one, it shall be lawful for the court to decide upon the propriety of confirming the whole, or any part or parts of such order or certificate, without prejudice to the remaining part or parts thereof. Persons aggrieved by diverting or stopping Highways to Appeal to Quarter Sessions, on giving Ten Days' Notice of Appeal, with Statement of Grounds thereof.]-Further proviso (g), that when any such certificate shall have been so given as aforesaid, it shall and may be lawful for any person who may think that he would be injured or aggrieved if any such highway should be ordered to be diverted and See R. v. (e) 5 & 6 W. IV. c. 50, s. 86. 19 Law Journ. Mag. Cas. 5. turned, or stopped up, either entirely or subject as aforesaid, and such new highway set out and appropriated in lieu thereof as aforesaid, or if any unnecessary highway should be ordered to be stopped as aforesaid, to make his complaint thereof, by appeal to the justices of the peace at the said quarter sessions, upon giving to the surveyor ten days' notice in writing of such appeal, together with a statement in writing of the grounds of such appeal, who is hereby required within forty-eight hours after the receipt of such notice to deliver a copy of the same to the party by whom he was required to apply to the justices to view the said highway: provided, that in all cases where the said surveyor shall have been directed by the inhabitants in vestry assembled to apply to such justices as aforesaid, then the said surveyor shall not be required to deliver a copy of such notice to any party: provided also, that it shall not be lawful for the appellant to be heard in support of such appeal unless such notice and statement shall have been so given as aforesaid, nor on the hearing of such appeal to go into or give evidence of any other grounds of appeal than those set forth in such statement as aforesaid. In Appeals, Jury at Quarter Sessions to determine whether the New Highway is nearer and more commodious to the Public, and whether the old one is unnecessary, &c.]-And (h) in case of such appeal, the justices of the said quarter sessions shall, for the purpose of determining whether the proposed new highway is nearer or more commodious to the public, or whether the public highway so intended to be stopped up, either entirely or subject as aforesaid, is unnecessary, or whether the said party appealing would be injured or aggrieved, impanel a jury of twelve disinterested men out of the persons returned to serve as jurymen at such quarter sessions; and if, after hearing the evidence produced before them, the said jury shall return a verdict, that the proposed new highway is nearer or more commodious to the public, or that the public highway so intended to be stopped up, either entirely or subject as aforesaid, is unnecessary, or that the party appealing would not be injured or aggrieved, then the said court of quarter sessions shall dismiss such appeal and make the order herein mentioned for diverting and turning and stopping up such highway, either entirely or subject as aforesaid, or for diverting, turning and stopping up of such old highway, and purchasing the ground and soil for such new highway, or for stopping up such unnecessary highway, either entirely or subject (h) 5 & 6 W. IV. c. 50, s. 89. as aforesaid; but if the said jury shall return a verdict, that the proposed new highway is not nearer or not more commodious to the public, or that the highway so intended to be stopped up, either entirely or subject as aforesaid, is not unnecessary, or that the party appealing would be injured or aggrieved (i), then the court of quarter sessions shall allow such appeal, and shall not make such order as aforesaid. Costs in such Appeals.]—And (j) the court of quarter sessions is hereby authorized and required to award to the party giving or receiving notice of appeal, such costs and expenses as shall be incurred in prosecuting or resisting such appeal, whether the same shall be tried or not; and such costs and expenses shall be paid by the surveyor or other party as aforesaid, at whose instance the notice for diverting and turning or stopping up the highway, either entirely or subject as aforesaid, shall have been given; and in case the said surveyor or other party as aforesaid shall not appear in support thereof, the said court of quarter sessions shall award the costs of the appellant to be paid by such surveyor or other party as aforesaid; and such costs shall be recoverable in the same manner as any penalties or forfeitures are recoverable under this act. If no Appeal is made, or if Appeal is dismissed, Quarter Sessions shall make an Order to Divert or Stop, &c. Old Highway, if New one is certified to be in Repair.]-Proviso (k), that if no such appeal be made, or being made, shall be dismissed as aforesaid, then the justices at the said quarter sessions shall make an order to divert and turn, and to stop up such highway, either entirely or subject as aforesaid, or to divert, turn, and stop up such old highway, and to purchase the ground and soil for such new highway, or to stop up such unnecessary highway, either entirely or subject as aforesaid, by such ways and means, and subject to such exceptions and conditions in all respects, as in this act is mentioned, in regard to highways to be widened; and (i) The sessions are to allow the appeal if either of these matters is found. But if a jury find only one, e. g. that the road is not unnecessary, without more, no one can tell whether they thought the party grieved or not, and their verdict is defective; and the like, if they find that the appellant is aggrieved, but do not find whether the way is necessary or unnecessary. In neither case would the finding be sufficient to justify the sessions in allowing the appeal. In order to such a result, both the alternatives in the act must be found. Per Alderson, B., in Selwood v. Mount and others, Berks Summer Ass. 1839, MSS. Tyrw. (j) Sect. 90. the proceedings thereupon shall be binding and conclusive on all persons whomsoever; and the new highways so to be appropriated and set out shall be, and for ever after continue, a public highway to all intents and purposes whatsoever; but no old highway (except in the case of stopping up of such useless highway as herein is mentioned) shall be stopped until such new highway shall be completed and put into good condition and repair, and so certified by two justices of the peace upon view thereof, which certificate shall be returned to the clerk of the peace, and by him enrolled amongst the records of the court of quarter sessions next after such order as aforesaid shall have been made, pursuant to the directions hereinbefore contained. Parties liable to Repair of Old, shall be liable to Repair New Highways.]-Proviso (7), that in every case in which a highway shall have been turned or diverted, under the provisions of this act, the parish or other party which was liable to the repair of the old highway, shall be liable to the repair of the new highway, without any reference whatever to its parochial locality. Certiorari taken away (m)-Special Cases.]-No order made, or any other matter or thing done, or transacted in, or relative to, the execution of this act, shall be vacated or quashed for want of form, or be removed, by certiorari or other process, to any court of record at Westminster. But in cases of appeals (n), the quarter sessions may, if they think fit, state the facts specially for the determination of the queen's bench thereon; in which case it shall be lawful to remove the proceedings by writ of certiorari, or otherwise, into that court. SECTION II. PRECEDENTS OF ORDERS OF JUSTICES IN PETTY SESSIONS Order by Two Justices for the Discharge of an Apprentice, &c. on County of to wit. Whereas complaint hath been made before us, two of her majesty's justices of the peace in and for the said county of in the said county, tailor, that A. R. -, upon the oath of W. M. of (1) 5 & 6 W. IV. c. 50, s. 92. (m) Id. sect. 107. (n) Id. sect. 108. (0) Though this act applies to parish apprentice of the said W. M. hath, in his service as an apprentice, committed divers misdemeanours against him, the said W. M. his master, and in particular [as the case is]. And whereas we, the said justices, after having duly examined into the proofs and truth of the said complaint, and heard the allegations of both parties, have, upon due consideration thereof, determined and adjudged that the said A. R. is guilty of the misdemeanours so charged against him as aforesaid; we do therefore hereby make an order for the discharge of the said A. R. and do hereby discharge the said A. R. from his apprenticeship to the said W. M. any thing in any indenture or indentures of apprenticeship between them, or otherwise, to the contrary notwithstanding. Given under our hands and seals, &c. Order for Discharge on Complaint of Parish Apprentice, by 32 G. III. c. 57 (p). [As above, mutatis mutandis, to the conclusion. Then add:] And we do hereby further order, that the said W. M. shall, upon due notice hereof, forthwith deliver up to the said A. R. his said late apprentice, his clothes and wearing apparel, and that he shall, moreover, immediately pay to the churchwardens and overseers of the poor of the parish of in the said county, to which parish the said A. R. belongs, some, or one of them, the sum of ――l. [see 4 G. IV. c. 29; 32 G. III. c. 57, as to the amount] to be applied by them, some, or one of them, for the again binding out such apprentice, or otherwise, for his benefit, as to us shall seem meet, under our order. Given under our hands and seals, &c. Order by Two Justices for Continuance of a Parish Apprentice with the Widow (or other Representative) of Master (32 G. III. c. 57, s. 2). Whereas D. W. within named, late of the parish of day of in County of to wit. -, being within three calendar months now last past; we, two of her majesty's justices of the peace for the county aforesaid, whose names are hereunto subscribed, on the application, and at the request of A. W. widow [or, as the case may be,] of the said D. W. living with, and being part of the family of the said D. W. at the time of his death, do hereby order and direct, that A. B. the apprentice within named, who was in the service and actual employment of the said D. W. at the time of his death, shall serve the said A. W. as such apprentice for the residue of the term of such apprenticeship within mentioned, according to the provisions of an act passed in the thirty-second as well as other apprentices, it only embraces those on whose binding out no more than 57. was paid. That sum was extended to 107. by 33 G. III. c. 55, and to 251. by 4 G. IV. c. 29, s. 1. The latter act also empowered justices to order, on the discharge of the apprentice, the refunding of all or a part of the premium. (p) An appeal to the next session is allowed by the 12th section of this act, against the order of discharge made under 20 G. II. c. 19, as also against the order of discharge and payment of money made under 32 G. III. c. 57, s. 3, on notice thereof being given within seven days of the service of the order. If no such notice be given, nor the order obeyed, a warrant of distress is to issue; and if notice of appeal be given, but not supported, 40s. are to be added to the expenses of the distress. |