Scope and Content
Front Cover:
Dated 15th May 1920
Borough of Bedford and Parish of Goldington Bedfordshire
Certificate of Justices as to stopping up of an ancient Public Highway along the Northern side of the River Ouse.
Chas. Stimson (Town Clerk, Bedford)
G. B. Lee Roberts (Solicitor, Bedford)
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Bedfordshire and The Borough of Bedford, to wit: } We, the undersigned, THE REV. PAUL WILLIAM WYATT, Clerk to Holy Orders, and FREDERICK WILLIAM CONQUEST, ESQUIRE, being two of His Majesty’s Justices of the Peace for the County of Bedford, acting for the Petty Sessional Division of Bedford in the said County, and We, the undersigned, JOHN WALTON CARTER, Esquire, and HENRY BACCHUS, Esquire, being two of His Majesty’s Justices of the Peace, acting in and for the Borough of Bedford, do hereby in pursuance of the Statute made and passed in the 5th and 6th years of King William IV, chapter 50, Certify under our hands as follows: -
Whereas the Mayor, Alderman and Burgesses of the Borough of Bedford, acting by the council (hereinafter referred to as the town council) are as such Town Council Surveyors of Highways within the said Borough and are empowered by the Statute aforesaid to exercise and are subject to all the powers, duties and liabilities of the Parish in the said Borough in vestry. And whereas the Bedford Rural District Council (hereinafter referred to as the District Council) are as such District Council Surveyors of Highways within their district and possess the powers heretofore set out as to the town Council.
And whereas on the 30th day of March, 1920, the Town Council, with reference to the parts of the Public Highway hereinafter mentioned within their district, and the District Council as to the parts of the same Public Highway within their district, each by their respective clerk and Surveyor applied to us to view a portion of a certain public highway situate on the Northern side of the River Ouse, and as to part in the Parish of Saint Cuthbert in the District of the Town council and as to the remainder in the Parish of Goldington aforesaid within the District of the District Council, viz: - a Public Highway from a point marked A on a plan hereinafter referred to at or near Newnham Road in the said Borough there and proceeding in an Easterly direction to a point marked B upon and plan at or near Newnham Avenue in the said Borough, and which said highway coloured pink upon the said plan and measures in length from A to B 3640 feet and in width average 30 feet, and is bounded on the North in part by the Public Embankment gardens and grounds and in other part by a certain recently dedicated public highway, on the South in part by the public garden and grounds aforesaid, in other part by a public footpath along the River Ouse, on the West by the Western section of the said old Public Highway now absorbed into and formerly part of the dedicated public highway before mentioned and on the East in part by the Sewage Pumping Station and in other part by Newnham Avenue.
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And whereas the Parish Council of Goldington have by resolution duly passed on the 14th day of January, 1920, and duly confirmed on the 18th day of March, 1920 in conformity in all respects with the requirements in that behalf of the Local Government Act, 1894, consented to the applications and requests before set out. And whereas on the 31st day of March, 1920, we the said Justices, in pursuance of such application and requests of the Statute first aforesaid did together and in the presence of each other at the same time view the said ancient public highway so proposed to be stopped up as aforesaid, and which highway for the avoidance of unnecessary repetitions is hereinafter referred to as ‘the ancient public highway,’ and upon such view it appeared to us that the said ancient public highway is unnecessary for the reasons hereinafter fully set out. Now, therefore, we the said Justices thereupon gave the following directions to the council as to the Statutory Notices required in that behalf, viz: -
(1) To affix for four successive weeks next after such view by us as aforesaid a notice in the form or to the effected of Schedule No.19 annexed to the Statute first aforesaid in legible characters at the place and by the side of each end of the said ancient public highway, and at the end and by the side of each section thereof crossed or divided by any public thoroughfare crossing the same.
(2) For four successive weeks next after such view by us as aforesaid to insert a copy of the notice hereinbefore directed to be given in (a) “The Bedfordshire Times and Independent” and (b) “The Bedfordshire Standard” newspapers published in the said Borough of Bedford and circulating in the said Borough and in Goldington aforesaid.
(3) On four successive Sundays next after such view by us aforesaid to affix a print or copy of the said notice to the door of the Parish Church of St. Cuthbert aforesaid and another print or a copy to the door of the Parish Church of Goldington aforesaid, in which two Parishes the said ancient public highway wholly lies.
Now therefore , we the said Justices on the 15th day of May 1920, upon proof duly made to our satisfaction of he all necessary legal requirements and (as appears by the 6 several Statutory Declaration this day taken before us and filed herewith that is to say: - Harry Smith, Walter George Daniels, Andrew Brander Alexander, Alfred John Ashton, Edward Herbert Radcliffe, Norman Greenshields, that the several notices so as aforesaid directed by us to be given, affixed or published have respectively for the four successive weeks next after our view as aforesaid been given, and published in all respects as directed by us, and a plan hereto annexed marked N.G. 1 having at the same time been delivered to us particularly describing the said ancient public highway by netes, bounds and admeasurement thereof, and which said plan has this day been verified to and before us the said Justices by the evidence of Norman Greenshields, A.M.I.C.E., a competent Surveyor, whose declaration is filed herewith as aforesaid
Do hereby Certify under out hands in pursuance of the first aforesaid recited Statute that we in manner aforesaid on the 31st day Of March, 1920, viewed the said ancient public highway, and that upon such view in manner aforesaid we found that such ancient public highway is unnecessary.
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And we hereby further certify that the reasons why the said ancient public highway is unnecessary are as follows: -
(a) That the ancient public highway has been for many years past wholly disused as a public highway.
(b) That the said ancient public highway as to parts has been absorbed into the newly dedicated public highway aforesaid and as to other parts has for many years past formed part of the Embankment promenade and public gardens there much used and enjoyed alike by inhabitants of Bedford and visitors thereto.
(c) That the ancient public highway was narrow and incommodious and as to certain portions liable to floods for the River Ouse and as to a considerable length had a footpath on one side only.
(d) That he present facilities there for the use of the public are (1) for Pedestrians a river side path and promenade shown upon the said plan of the average width of 63 feet and extending the whole way of the ancient highway and which said river side path and promenade is a to part tar paved or tar painted part gravelled and the remainder turf; (2) for Pedestrians and Vehicular traffic the recently dedicated public highway shown upon the said plan and thereon coloured sepia as to portion tar paved or tar painted and as to the portion gravelled burnt sienna and measures in length from A to B 3685 feet and of an average width of 50 feet with a properly constructed footpath on each side, and which dedicated public highway runs in front of and provides directed full and free access to the houses along the Northern side of which is known as “The Embankment Road.”
(e) The last-mentioned public highway has been in full and continuous use and enjoyment by the public for 30 years and upward and with the riverside path before mentioned has better supplied the several needs and requirements of the public that the ancient public highway ever could or in fact did.
(f) That notwithstanding the ample accommodation and facilities afforded for vehicular traffic in the neighbourhood of the ancient highway as aforesaid, a few persons from time-to-time drive motors or ride motor cars and bicycles upon a portion of the Embankment gardens and grounds foresaid to the danger of the lives and limbs of those making use of the gardens and grounds as hereinbefore mentioned, claiming to be entitled so to do by reason of the ancient public highway which at one time ran through these grounds.
Given under our hands at Bedford aforesaid this 15th day of May 1920.
(signed)
Paul W. Wyatt (Justices of the Peace for the County of Bedford)
Fred W. Conquest (Justices of the Peace for the County of Bedford)
J W. Carter (Justices of the Peace for the Borough of Bedford)
H. Bacchus (Justices of the Peace for the Borough of Bedford)