The Queen against Morgan Thomas
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1857 |
| Date | 10 February 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 1295
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 3 Jur. N. S. 713; 5 W. R. 321. Referred to, Leigh Urban Council v. King, [1901] 1 Q. B. 752.
thb queen against morgan thomas. Tuesday, February 10th, 1857. On appeal against a conviction for obstructing a highway, the Sessions confirmed the conviction, subject to a case ; and it was brought before this Court by certiorari. - Held, that this Court could not take notice of any objections to the conviction not stated in the case, - The case shewed that the road in question was made by turnpike trustees, under a temporary Turnpike Act, which expired in 1848 ; but the whole line of turnpike road authorized by the Act was never completed. That the road as made had been used by the public, and had been repaired by the parish, both before and since the expiration of the Act : and the question for the Court was, if there was any evidence that it was a highway compulsorily repairable by the parish. - Held : that there was evidence of a dedication, and of an adoption by the public, and that, though the fact that the road was originally made under the Turnpike Act might explain away such evidence in fact, it did not conclusively in law rebut it. - Held, also, that the General Highway Act (5 & 6 W. 4, c. 50), sect. 23, did not apply to a road made by turnpike trustees ; and that, consequently, the absence of a certificate by two justices &c., as required by that section, did not prevent the road becoming compulsorily repairable by the parish, on a dedication by the owners of the soil in 1848. [S. C. 3 Jur. N. S. 713 ; 5 W. R. 321. Referred to, Leigh Urban Council v. King, [1901] 1 Q. B. 752.] On appeal to the Glamorganshire Sessions against a conviction of Morgan Thomas by two justices of the county of Glamorgan, for obstructing a highway, called the New Mill Road, in the parish of Llantwit Vardre in that county, the Sessions confirmed the conviction, subject to the following case. By stat. 7 & 8 G. 4, c. xcviii.(a), which came into full force and effect June 14th 1827, and was to continue [400] iu full force and effect for twenty one years then next: following, certain commissioners appointed under the said Act were empowered, amongst other things, to make and maintain a new line of road from or near a place called Wern y Gerwn, in the parish of Eglwysyllan, through the several parishes of Eglwysyllan Llantwit, Vardre and Llantrissent, to a place called New Mill, in the parish of Llantrissent, and also a new line of road from or near the Lower Forest Farm, to or near New Bridge, in the parish of Llanwonnan, and which two new lines of road were, by the said Act, declared to be the New Mill district. The above mentioned Act was repealed by stat. 7 & 8 Viet. c. 91, s. 34 ; and by sect. 38 it is provided how far the provisions of the general Turnpike Acts are to be applicable, The road from Lower Forest Farm to New Bridge was never made. The road from New Mill to Wern y Gerwn was completed as far as Lower Forest Farm, but was not carried to Wern y Gerwii, in the parish of Eglwysyllan, in the line indicated by the Act of Parliament. It was shewn that the river Taff runs between Wern y Gerwn, in the parish of Eglwysyllan, and New Mill. At Lower Forest Farm the road joined a private road about a hundred yards on the New Mill side of the river Taff, leading to a private bridge, belonging to a Mr. James, across the said river. The bridge was erected by Mr. James, at his own expenee, some time before the passing of the Act for (a) Local and Personal, Public : " For the better and more effectually repairing or otherwise improving the roads in the county of Glamorgan." 1296 THE QUEEN V. THOMAS 7 BL. & BL Ml. making the above mentioned road, and was his private property, and joined, on the Eglwysyllan side of the river, a turnpike road leading to Wern y Gerwn. No rent was paid by the...
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