The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-10-02 00:00:00

THE WEST WALK.

The Mayor stated that he observed a person in the
employ of Mr. Barnes cutting straight the turf beside
a walk in front iif his house, occupied by the Rev.
%Ir. Faulkner. He understood that the removal of
th turf was preparatory to placing iravel thereon. He
Rue Mayor) requested him to &eta, in order that
that the case might be brought before the CounciLso
that the neceszary instnicti might lie issued
in regard to the interferences with the walks gene.
rally.—Mr. Ensor thought that if Mr. Barnes was
merely straightening the edge of the turf, there valid
be no objection to it.—The Mayor said the question
appeared to him to be, whether private partneishould
be permitted to take upon themselves repair. accord-
ing to their several notions, the public walks. —Mr.
seeing the question was on the pap r for
discuasi ~,, , heal gone to inspect the spit himself, and
from what he observed he thought that Mr. Barnes
was doing the council a benefit, in straightening the
foornath ; and he thought the council were using an
arbitrary power in preventing a person improving
the appearance of the walks before his house. The
repair of the walks by a private person cull not in-
vo.idate the rights of the council, and give such
person a right over the walks —Dr. Aldridge eon.
sidered that the owners of the I sea could claim a
right to repair the part in front of their premises ;
they had due a' over since the houses hail been built,
and he thought it a great hardship they should not
be permitted now to do so.--The Mayer said the
quest' was, was it the property of the council, or
was it the property of Mr. Barner,and whose duty was
to remit it. Mr Lock thought the question to be con.
inhered was whether the,wnersoftheae homiest re pal red
th-tfoot paths they could therebyexercise the rights of
owner-hip over it.— Dr. Aldridge believed that the
magistrates, when the question was brought before
them, decided that the owner's of the house* had a
private right over the walks. —The Two Clerk said
it WM not Bn. The magistrates gave no decision
about the rights of the parties—all that they decided
was that the parties had no right, if the road was I
not wide eteineh, to turn a carriage on the green-
swaril.—Mr. Bishop thought that it the public rights
would lapse over the path in rainsequence of these
parties repairing the path, the matter would be a
sernius one.--The Mayor said that the effect pro.
duced on the minds of the owners of the houses
already hail been such that they began to consider
the Council had no business on the walk whatever.—
Mr. Hodges thought there could be no questiou that
the walks belonged to the Council, and he thought
there could be no objection to individuals to clean
and repair them, provided that they did not
do that which was inconsistent with the rights of the
Council.—The Clerk paid the Council nowt bear in
mind that Mr. Barnes was a life owner of the
property in question, but that there were people
behind entitled to the fee simple, and it was im-
possible to foresee what would be the claim they
would set up by the acts performed by Mr.
Barnes. Mr. Bishop suggested that parties, before !
they cleaned and repaired the walks, should ask per.
mission of the Council.—Mr. Galpin thought the
Council was carrying out this principle too far. If
they prevented anyone cleaning up a foot:path
in front of their premises, they would throw
• great obstacle in the way of public inipmvement.—
After considerable discussion Mr. Barnes, who eas
in attendance, was allowed to be heard. lie said the
Council
_bad never repaired the path in question.
that it had been done by the owner for the last 30
years, and that his only object was to make the
house neat and clean. He bait no intention by the
act to exercise any right over the road. detrimental
to the rights of the Council Sulistxpently a note
was ordered to be entered on the boeks—not in the
term of a resolution—to the effect that the cleaning
and repairing of the read by Mr. Barnes was not of
a nature which interfered with the rights iif the
l'ouneil, Mr. Barnes appearing and statieg that he
had no intention of asserting any rights over the
road.