The Sun.
London, England, 1826-11-08 00:00:00

SURREY.

ANCIENT HIGHWAYS AND FOOTPATHS.
TO THE EDITOR. OF THE.COUNTY HERALD.

Sir,—The periodical press has for some time past Called the at-
tention of the public to the Parliamentary proceedings, which every
Session confer enlarged powers on justices of the peace, without
that jealous observation which ought always to be made respect-
ing such innovations on the ancient common law ; and there can
be none of these more worthy of the public notice than the recent
Acts, empowering Justices to divert and stop up highways and.
footpaths. 1, therefore, trust you will allow me the use of your
columns for some remarks on the evils to which the public, and

especially the dense and increasing populations of some of our
towns, are becoming every day more and more exposed by the pro..
visions of the Acts referred to. It would seem that. the wise pre•
cautions of our forefathers, against encroachments on ancient
public rights of this description, are now entirely lost sight of :
for, the only method of stopping up or diverting a public way, in
their days, was to procure the issue, from Chancery, of a WA=
writ, called the " writ of rtel (rud elanonum," directing the Sheriff
to summon a Jury to inquire, through them, whether the change
of the public way in question, would he prejudicial to the public or
not. If this inquisition found that the measure would be detri-
mental to the public, it could 'be prosecuted no further; and,
even if the Jury returned that it would not be prejudicial to the
public, the Legislature, previous to the reign of William and Mary,
considered the proceedings of so much importance, that any person
aggrieved could traverse and appeal against the inquisition before
the Chancellor himself. In that reign, however, the appeal
against the finding of- the Jury was directed to be made to the
Quarter Sessions, instead of the Court of Chancery. But the
great innovations on the admirable simplicity and safeguards of
our common law, in this respect, have been made since the com-
mencement of the reign of Geo. 111., as the Magistrates were, for
the first time in 1773 empowered, at their Special Sessions, to di-
vert public ways, " so as to make them nearer and more com-
modious to the public;' and if the alteration of the old law had
stopped here, and the spirit. of that Act bad been observed, no
objection could, perhaps, be offered to Justices having this power;
but it seems that the necessity of making the new way " nearer
and more commodious to the public," was found to be a great
clog on the exercise of their will, and therefore in the•latter end
of the late reign an Act was passed, which tramples down every
protection the-public before had against the discretion of the Ma-
gistracy; for, although such Act speciously enough recites
" that it is expedient more public notice should be given of any
Order of Justices for diverting or stopping up a public way, and
that a greater facility of appeal to the Quarter Sessions should bo
given to an aggrieved party," it proceeds to give the extraordi-
nary power to any two or more Justices of the Peace to stop up
" unnecessary" highways, entirely omitting the necessity Of the
alteration being " more commodious to the public." The Justices
are now, therefore, the only judges, whether a foot-path through
their own !ail& be necessary to the public or not; and it will be
seen by this short history of the law relating to public ways, how
gradually the interposition of a Jury (that grand bulwark of
English rights, so favoured by our ancestors!) has been taken
away from the subject of these Acts of Parliament. The manner
in which the discretion of Magistrates in respect to public ways

is used, may be judged of by the every day occurrence of country
papers containing notices of the Orders of Justices for stopping up
and diverting public ways ; and I am sure it is not going beyond
the truth, when I state, that in numerous instances a Magistrate
is the only interested party, inasmuch as the improvement of his
estate is the principal . object in view, and the measure is ef-
fecte4l without the least regard to the convenience of the public.
The lamentable consequences of this new system of legislation are
ably pointed out by the Morning Chronicle of the 18th instant,
and it appears from such paper, that some individuals in the
Northern counties have set themselves to work to provide a check
against the evils; for at York, a Society is actually formed, en-
titled " An Association for the protection of Foot Paths in the
Vicinity of York," and a similar institution is now forming at
Manchester. Now, as a great ' number of highways and foot-
paths have been lately stopped up in the county of Surrey (con-
taining,
it should be observed, a large and increasing population
on the side of the metropolis), which have in a very material de-
gree deprived the retired tradesman of his rural walk, so conducive
to his health and comfort, and, to use the language of a late
number of the Manchester Herald, " have driven the poor man
from the innocent enjoyment of the fields into dusty and miry
Tunes, which may ultimately drive him from the field to the ale•
house, and his family from happiness to misery ;" and adding to
thCse considerations, that of the great expense which an ag-
grieved person must incur, if he appeals single-handed to the
Quaiter Sessions, I think it is time an Association should be
reviled for the protection of our foot-paths and public ways;' and,
froM the spontaneous public feeling which was manifested against
an attempt being lately made to stop up a useful foot-path in the
neighbourhood of Ouildford, by means of which public spirit
the attempt was frustrated, no fear need.be entertained that such
an Institution would receive a support corresponding to its use-
"nem ; and, as a subscription of 2s. 6d. from each member, has
been found sufficient to answer the urposes of the York Asso-
-646011, I hope some influential resident of Surrey will, before
"Y mere infringements of this kind are made on the public
riilbts, interest himself in forming, a County Association upon the
sans Principle. ' Yours, kc.
October 31, 18211.

VIATOR.

DARING itOßßEity.-011 Sunday evening, at an
early hour,
ing 1
44 nentY Taylor, Esq. 'of Jewin Cresent, Aldergsate-
street, war pastooß answell-street, he Was attacked by a
young man, who t-
ruthed from Little Bell Alley, and - made a
snatch " his watch, which was reserved by a guard.—One
of the ring. her.
thief +s
itave Way, and after a momentary
struggle, the twel"%trivt't to affect his escape with it valuable
gold chain, three seal., and two toys.