The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-01-01 00:00:00

THR NROLIXITID ROAD AT KINSON.

At the Petty fleagoos on 'friday the Has. A. I, IL
Ashley. If P.. Mr. H. Hours, and Yr. H. P. Brouncker
had before them a summons mania the Wimburne
Highway Board and the waywardeis of Yuma to show
cause why en order for Partsemt of the cost of repairing a
road ot Binson should not be made on the Highway
Board. The complainant was George Randall, a pottery
burner, of Lituon.
. _ _

--iitTc.oin-ptilnanl wee represented by Mr. K T. Trevanion,
of Pool* ; sod Kr. Andrews bad engaged Mr. B. H.
Howard. of Wertnostb. to appear for him.
The tint witness was Mr. Henry Illberp, who meld he
lived at B"urnsinoutli, and he ws• • large ratepayer at
Hinson. Ile was elected waprarden of the Highway
District of Hinson at the last imam vestry in his iince.
if. attended the Highway Board, and took his sada a• •
torlnber. . . .

—kir:ifolrard raked Mr. Sharp to Produce hie ePe.let-
meet ; but Mr. Sharp said he delivered it to the tart 0/
the Board

—in repTi to Kr. Ashley, the witness mid ha was
re-elected st the last Easter vestry.
Mr. Sharp continued that be knew the road from
Conatitntion-bW to Bourns Valley Pottery, and it was in
• ruinous and foundrees state. He admitted that the
road was a highway, and alio admitted the liability of the
pariah to repair it.
Cross-examined by Kr. Howard: He waa one of the pee.
primers of the &name Valley Pottery, and had only been
In the neighbourhood Ave yeast
Yr. Them Bawling, Clerk to the Highway Board. said
be recollected that Mr. Sharp satisfied the Board that be
was properly appointed waverarden. ldr. Sharp had sat
many times.
cro.....gined by Mr. Reward: A written appoint-
ment by the emery was always produced before any way-
warden took biz mat.

.iideed by Mr. Trwranion : He produoed the Baal
order cop.:lto:int Hinson a highway palah.
Lidera= Hattie Kemp- Welch. LP.. mid ha lived at
Woodlands. Upper Parkstone, and he practised ar •
solicitor for many years in Poole. He had known the
road in
,question upwards of 50 relr• HO ribio.mberoti
Us. liclinj of the C "'ford Enclosure Award in 1512.. and
the woe road existed before that date. He but known
the road used without let or hindrance as • public high-
way for more than 50 Teen. The state of the road was
U bed ea could be, and It war dangerous for anyone to
walk. rids, or drive over. It WY •• istealqUS • road se
ever existed on the fan, of the earth. The road was with
use that people would me it, sad hundred. of
"abides passed over it weakly even now. Ho knot, that
the road was • highway, end that it had been used se
such for the last 50 yeeer.
Cromessatieed by Mr. Howard: The whole of the road
was laid down in the award map. The road was indicted
twelve yam eV at the Dorchester Quarter Ileminna, and
the cam wee removed by rertiereri to the QUO• 1111 Bona
when • verdict was emend for the &tandems in tome.
queues of [hum being described es a pea-tat issaitog or a
tything. Thom proceedings oast him ITO. He was the
promoter of montedlair against the Hoard for d
and had tried all be could to remedy what be co=
an intolerable animate. Forty yams aem he tried to get
the anodes@ under the sward to make the road. H. had
bees kyle; to get the perish to make the road for the
last eleven or twelve yearn
Re-examined by Mr. Trematia : William Simnionle
Indicted the road, bet he Mid the =Ma
By Hs Ashley : An streamlined wee made in 1814
under which the Oasunisehmen et the Peale Tentellts
made • new road through Perketmee sad headed over the
mad In Quenon to the Oosandiskialis eater the award.
Previously to that the road la question was part of the
tnraMks.
George Randall said be wee an inhabitant and rate-
payer of Kitson, and he had knows the road for upwards
of twenty man. The road was now in • fearful dere.
and the tem working at the Pottery bed Moony • Mama
to light themselves to and from work. The road woe
lm=le ordi
=mined tayriliesHowleaSsardm . He livid i a cottage,
width was rated at about M. The waywanfLwee hit
roaster._

By Itir. Ashley : There was • full attendance at the
vestry, and Yr. Sharp was elected waywardae without
opposition.
ltr. Howard, in addressing the magistrates for the
Winos. coatended that the Bands bad so ftwisaktion in
the cam and la support of this be qwerd a caes which
ems before tie Me Kt Ferrer and the iter. a. Y.
Gan.i. is Werebere. and which was alarm&
bdare Lad OW Iran Clookbars sad Judas=
bunt dad MAIL TM ladies this bid UM litbs aim

of a digested hlghwar the ..eidirstem bed no Pewee Is
make an order, and be contended that It the Bench did
make say order Wry would go agaimA the law as laid
down by the Lord Chief Justice.
The Rev. G. V. Garland, who was In Court, Pointed
out that in the Wareham case the Isaiah denied their
lishiliLvanket Mr. said be had taken the opinion of Mr.
Glen on the eaggi, and he advised him to pursue the
present comma
Mr. Ashley said WI Hoard had no right to dispute the
liability; tb• only party who could dispute the was
the way warden, who was the legal successor of the
Surveyor.
Mr. Howard said the Board teat fids disputed that the
road was • his Minty. and denial their liability.
Mr. Moore ituourd the following from Glen's II ielnems
Laos :—" Coder sections 18 and 15 it is the way warden
ah,aa that can deny lb. liabilityof the pariah to repair—
** B ard cannot do s. 14 If the way warden dues not deny
the liability of the par ish. end the Baird will not under-
take to repair, then the justices are to proceed as directed
by section 18.
The Hon. Evelyn Aid .ley, M.P., delivered judgment, in
• long speech, and
The Bench decided the the road was • highway before
the peering of the Gene nil Highway Act, and gave an
order for it to be viewed, The Hon. Evelyn Ashley and
Mr. Moore commented to view the med, end report at •
fete,. Petty fiesdaes.