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Message: Emoticon Listing HTML Help	[quote] THE RIPLEY ADVERTISER 12TH AUGUST 1865 HIGHWAY CASE Thomas Watson, surveyor of the highways of the hamlet of Loscoe, was charged by Samuel Beardsley, of Heanor, with not keeping in repair a certain public highway and carriage way at said hamlet of Loscoe, called Loscoe Lane, and leading in the direction of Codnor Park, he on behalf of the inhabitants of the said hamlet, being chargeable with such repairs. Mr Browne, of Nottingham, appeared on behalf of complainants: and Mr Smith, of Derby, for defendant, Mr Browne, to prove that Hoggbarn-Lane, Taylor-Lane, and Furnance-Lane, the three combined making Loscoe-Lane, had been used as a highway before and since 1815, called complainant, who said he had known Loscoe- Lane 44 years, that he formerly lived as farm bailiff at Aldercar-Hall, and that he was accustomed to go along the Lane, in which he was not an occupier, with carts and horses. He was 36 years ago in the Shipley Cavalry, and used to go along the road to drill, no one disputing his right. Others also used the road without hindrance. The road was generally bad in the winter- time, and for that reason was not used so much as it otherwise would have been. It was a matter of general repute 40 or 50 years ago, that people were threatened for using the lane, but they still went on using it. The lane was ten, twelve, and as much as nineteen yards wide, being broader than was required for a bridle road. Cross-examined He had purchased some property two years ago, and had asked the parish to repair the lane. Mr Hutchinson, the magistrate’s adviser, having stated that considered sufficient evidence had been given to establish the case. Viz, that Loscoe-Lane had been used as a highway without obstruction – Mr Smith, to prove the contrary, called the defendant, who said he had been surveyor of the highways for the parish of Loscoe four or five years and had known Hogg-Lane fifty years, and to be used as a public highway. He had known Mr Potter to be turned back when he was going for lime, or rather told not to use the Lane again, and he promised to do so no more. He had known the lane to be locked up to shield each one’s property. Jonathan Woolley, Loscoe said he had known Hogg-Lane seventy years, and owned some land in it. There were gates to mark the boundaries of each person’s land. His father always told him no person had a right to go through the lane. Mr Thomas Hicking, Loscoe said he had known Hogg-Lane thirty years, and that when it was out of repair the owners of the adjoining land repaired it at their own expense. Cross-examined He had seen persons who were not occupiers going along the lane without being stopped. Other witnesses having given similar evidence, the magistrates said they were of opinion that the defendant had not made out that any person had ever been prevented from using the lane, and that therefore their decision was in favour of complainant. Such being the case, it was understood that, if the surveyor did not repair the Loscoe-Lane, the complainant would prefer an indictment against him at the quarter sessions. Much interest was taken in the matter, the Rev. R. Whinfield, Messrs George Gregory, Henry Frearson, Henry Milward, Charles Clayton, William White, Thomas Hogg, James John Woolley, John Wells, Theodore Hicking, and others being present. [/quote]
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Jennypeg
Researcher

Loscoe Historical Newspaper Reports
replied on: 3/28/2005 12:08:37 PM

THE RIPLEY ADVERTISER
12TH AUGUST 1865
HIGHWAY CASE

Thomas Watson, surveyor of the highways of the hamlet of Loscoe, was charged by Samuel Beardsley, of Heanor, with not keeping in repair a certain public highway and carriage way at said hamlet of Loscoe, called Loscoe Lane, and leading in the direction of Codnor Park, he on behalf of the inhabitants of the said hamlet, being chargeable with such repairs. Mr Browne, of Nottingham, appeared on behalf of complainants: and Mr Smith, of Derby, for defendant, Mr Browne, to prove that Hoggbarn-Lane, Taylor-Lane, and Furnance-Lane, the three combined making Loscoe-Lane, had been used as a highway before and since 1815, called complainant, who said he had known Loscoe- Lane 44 years, that he formerly lived as farm bailiff at Aldercar-Hall, and that he was accustomed to go along the Lane, in which he was not an occupier, with carts and horses. He was 36 years ago in the Shipley Cavalry, and used to go along the road to drill, no one disputing his right. Others also used the road without hindrance. The road was generally bad in the winter- time, and for that reason was not used so much as it otherwise would have been. It was a matter of general repute 40 or 50 years ago, that people were threatened for using the lane, but they still went on using it. The lane was ten, twelve, and as much as nineteen yards wide, being broader than was required for a bridle road. Cross-examined He had purchased some property two years ago, and had asked the parish to repair the lane. Mr Hutchinson, the magistrate’s adviser, having stated that considered sufficient evidence had been given to establish the case. Viz, that Loscoe-Lane had been used as a highway without obstruction – Mr Smith, to prove the contrary, called the defendant, who said he had been surveyor of the highways for the parish of Loscoe four or five years and had known Hogg-Lane fifty years, and to be used as a public highway. He had known Mr Potter to be turned back when he was going for lime, or rather told not to use the Lane again, and he promised to do so no more. He had known the lane to be locked up to shield each one’s property. Jonathan Woolley, Loscoe said he had known Hogg-Lane seventy years, and owned some land in it. There were gates to mark the boundaries of each person’s land. His father always told him no person had a right to go through the lane. Mr Thomas Hicking, Loscoe said he had known Hogg-Lane thirty years, and that when it was out of repair the owners of the adjoining land repaired it at their own expense. Cross-examined He had seen persons who were not occupiers going along the lane without being stopped. Other witnesses having given similar evidence, the magistrates said they were of opinion that the defendant had not made out that any person had ever been prevented from using the lane, and that therefore their decision was in favour of complainant. Such being the case, it was understood that, if the surveyor did not repair the Loscoe-Lane, the complainant would prefer an indictment against him at the quarter sessions. Much interest was taken in the matter, the Rev. R. Whinfield, Messrs George Gregory, Henry Frearson, Henry Milward, Charles Clayton, William White, Thomas Hogg, James John Woolley, John Wells, Theodore Hicking, and others being present.

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