- ReferenceQSR1923/3/10/1c (i) (ii) (iii) (iv) (v)
- TitleDivertion of Highway on th Cowridge Estate, Luton - Certificate of Justices
- Date free text30th May, 1923
- Production dateFrom: 1923 To: 1923
- Scope and ContentQSR1923/3/10/1c (i) County of Bedford Diversion of Highway on the Cowridge Estate Luton Certificates of the Justices under the Highways Act 1835 Sect. 85 QSR1923/3/10/1c (ii) County of Bedford Diversion of Highway on the Cowridge Estate Luton Certificates of the Justices under the Highways Act 1835 Sect. 85 WHEREAS under and in accordance with the Highway Act 1835 the Mayor Aldermen and Burgesses of the Borough of Luton, acting by the Council as the Urban District Council for the said Borough, and in the execution of the office of, and as, surveyor of highways within the said Borough on the seventh day of March 1923 applied to and requested us the under-signed MURRY BARFORD and FREDERICK JOHN BROWN Esquires, two of His Majesty’s Justices of the Peace acting in and for the said Borough, within which the Parish of Luton is situate, to view a certain highway (hereinafter called “the existing highway”) which is proposed to be diverted, turned and stopped up entirely namely: - A portion of the public highway or footpath in the said Borough and Parish of Luton in the County of Bedford leading from the Junction of Stockingstone Road and Colin Road at the point marked “A” on the plan hereinafter referred to down Stockingstone Road to the point marked “B” on the said plan and proceeding thence in a Southerly direction to the point marked “C” on the said plan having a total length of 262 yards and is coloured blue on the said plan – and the course of a new highway ( hereinafter called “the proposed new highway”) which it is proposed to substitute for the existing highway, and which proposed new highway is coloured red on the said plan and consists of : - QSR1923/3/10/1c (iii) A new public highway or footpath of a minimum width of 6 feet commencing at the said point marked “A” on the said plan at the junction of Stockingstone Road and Colin and proceeding a long Colin Road to the point marked “D” on the said plan and from thence in a South Westerly direction to the point marked “C” on the said plan there joining an existing footpath leading to Richmond Hill which said new public highway or footpath has a total length of 213 yards. AND WHERAS on the 13th day of March 1923, we the said Justices, in pursuance of such application, together and in the presence of each other viewed the existing highway and the course of the proposed new highway to be made in substitution therefor, and it appeared to us upon such view that the existing highway may be diverted and turned so as to the same more commodious to the public, and that such existing highway may be stopped up entirely when the new highway has been made and completed. AND WHEREAS the Luton Land Company Limited, In voluntary liquidation and Benjamin Belgrove Franklin, the Liquidator thereof, being the owners of the land through which the existing highway will be diverted and turned, have by writing under their Common Seal dated the sixth day of February 1923 consented to the making and continuing of the proposed new highway through their said land. AND WHERAS we did on the said 13th day of March 1923 upon the said view direct the said Mayor Aldermen and Burgesses acting as aforesaid by their Surveyor Joun William Tomlinson to affix a notice in the form or to the effected Schedule (No.19) of the Highway Act 1835 annexed in legible characters at the place and by the said of each end of the said existing highway from whence the same is proposed to be diverted turned and stopped up entirely an also QSR1923/3/10/1c (iv) At each end of the proposed new highway and also to insert the same notice in one newspaper published or generally circulated in the said County where the said existing highway so proposed to be diverted turned and stopped up entirely lie for four successive weeks next after our sid view and to affix a like notice on the door of the church of every parish in which such highway so proposed to be diverted turned and stopped up entirely lie namely on the door of St. Mathew’s Church Luton aforesaid also on the door of St. Mary’s Church being the parish Church of Luton both in the said Borough on four successive Sundays next after the making of such view thereby giving notice that application would be made to His Majesty’s Justices of the Peace assembled at Quarter Sessions in and for the County of Bedford, at Bedford on the fourth day of July 1923, for an order for diverting turning and stopping up entirely the said existing highway and that the certificate of two Justices having viewed the existing highway and the course of the proposed new highway together with the proof of due publication of the several notices required by the Highway Act 1835, and with a Plan of the existing and proposed new highways would be lodged with the Clerk of the Peace for the said County on or before the 3rd day of June 1923 AND WHERAS proof has this day been given before us and tour satisfaction, by the evidence upon oath of the said John William Tomlinson that the said several notices have been respectively affixed and published at the several places, during the times, in the manner prescribed by and in conformity with the requirements of Section 85 of the Highway Act 1835, and a plan had been delivered to us at the same time particularly describing the existing and proposed new highway by metes bounds and admeasurements thereof and such plan (which is annexed hereto) has been verified to and before us upon oath by the said John William Tomlinson, who is a competent surveyor. QRS/2/10/1c (v) NOW THEREFORE In pursuance of the Highway Act 1835, WE the said two Justices HEREBY CERTIFY as follows: - 1. THAT on the said 13th day of March 1923 we did together and in the presence of each other view the existing highway and the course of the proposed new highway. 2. THAT upon such view it appeared to us and we find that the said public highway so proposed to be made as aforesaid will be more commodious to the public than the said highway or footpath so proposed to be stopped up diverted or turned as aforesaid. 3. THAT the reason why the proposed new public highway or footpath is and will be more commodious to the public is as follows that the said new public highway or footpath so proposed to be made as aforesaid will be 49 yards shorter than the said public highway or footpath so proposed to be stopped up turned or diverted as aforesaid. GIVEN under hour hands at the Court House Luton in the Borough of Luton aforesaid this thirtieth day of May 1923. (signed) M. Barford Frederick John Brown
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