subjects. The question, it was said, was not varied by the fact that many individuals were liable to repair, or that many others were entitled to the benefit of it; nor did the circumstance of this road having been set out under a public Act of Parliament, make the non-repair of it an indictable offence (a).

And if a way, which has formerly been open and uninclosed, be inclosed under the provisions of an Act of Parliament by the persons to whom the adjoining allotments are awarded, it shall be repaired by the parish, notwithstanding the inclosure thereof (b).

If any form of proceeding is prescribed by an Act of Parliament, for the purpose of altering the course of highways, its requisitions should be strictly complied with. And, although the Courts will presume that the giving of notices or other preliminary matter has been correctly executed, if the usage has been pursuant to the order under the Act, yet if that is not the case, the order itself shall not be received in evidence, in any collateral proceeding, until proof is given of a compliance with the terms of the enactment (c).

For the purpose of rendering the diversion of highways more expeditious and less expensive, and for remedying therein the defects of the common law, the

Legislature has made several enactments, to authorize the change, and even the discontinuance of highways, subject to certain restrictions and regulations therein contained.

I shall now proceed to state these enactments, and the several decisions respecting them, which have occurred. And this will be done under two heads: 1st, As relating to highways in general; and 2dly, As relating to turnpike roads.

FIRST: The enactments relating to the diversion, &c. of Highways.

Power to widen and divert highways (a). -By Statute 13 Geo. 3. c. 78. s. 16, It is enacted, That where it shall appear, upon the view of any two or more of the said justices of the peace, that the ground or soil of any highway between the fences thereof is not of sufficient breadth, and may be conveniently widened and enlarged; or that the same cannot be conveniently enlarged, and made commodious for travellers without diverting and turning the same; such justices shall, and they are hereby empowered, within their respective jurisdictions, to order (b) such highways respectively (c) to be widened and enlarged, or diverted and turned, in such manner as they shall think fit; so that the said highways, when enlarged and diverted, shall not exceed thirty feet in breadth; and that neither of the said powers do extend to pull down any house or building, or to take away the ground of any garden, park, paddock, court, or yard:-And for the satisfaction of the person or persons, bodies politic or corporate, who are seised or possessed of or interested in their own right, or in trust for any other person or persons, in the said ground that shall be laid into the said highways respectively so to be enlarged, or through which such highway, so to be diverted and turned, shall go, the said surveyor, under the direction and with the approbation of the said justices, shall and is hereby empowered to make an agreement with him, her, or them, for the recompence to be made for such ground, and for the making such new ditches and fences as shall be necessary, according and in proportion to their several and respective interests therein; and also with any other person or persons, bodies politic or corporate, that may be injured by the enlarging, altering, or diverting such highways respectively, for the satisfaction to be made to him, her, or them respectively as aforesaid:-And if the said surveyor, under the direction and with the approbation of the said justices, cannot agree with the said person or persons, bodies politic or corporate; or if he, she, or they cannot be found, or shall refuse to treat, or take such recompence or satisfaction as shall be offered to them respectively by such surveyor; then the justices of the peace, at any General Quarter Sessions, to be holden for the limit wherein such ground shall lie, upon certificate in writing (a), signed by the justices making such view as aforesaid, of their proceedings in the premises, and upon proof of fourteen days' notice in writing having been given by the surveyor of such parish, township, or place, to the owner, occupier, or other person or persons, bodies politic or corporate, interested in such ground, or to his, her, or their guardian, trustee, clerk, or agent, signifying an intention to apply to such Quarter Sessions for the purpose of taking such ground, shall impannel a jury of twelve disinterested men out of the persons returned to serve as jurymen at such Quarter Sessions; and the said jury shall upon their oaths, to the best of their judgments, assess the damages to be given and recompence to be made to the owners and others interested as aforesaid in the said ground, for their respective interests, as they shall think reasonable, not exceeding forty years' purchase for the clear yearly value of the ground so laid out; and likewise such recompence as they shall think reasonable, for the making of new ditches and fences on the side or sides of the said highways that shall be so enlarged or diverted; and also satisfaction to any person or persons, bodies politic or corporate, that may be otherwise injured by the enlarging or diverting the said highways respectively.

And by Section 18, If the jury shall give a verdict for more monies than what shall have been offered by the surveyor, before such application to the said Court of Quarter Sessions, the costs and expences attending the several proceedings shall be paid by the surveyor out of the money in his hands, or to be assessed and levied under this Act; but if the jury shall give a verdict for no more or for less monies than shall have been so offered by the surveyor, then the costs and expences shall be paid by the person, or body politic or corporate, who refused to accept the recompence and satisfaction so of

By the 16th Section it is further enacted, That upon payment or tender of the money so to be awarded and assessed to the person or persons, bodies politic or corporate entitled to receive the same, or leaving it in the hands of the clerk of the peace of such limit, in case such person or persons, bodies politic or corporate cannot be found, or shall refuse to accept the same, for the use of the owner of, or others interested in the said ground, the interest of the said person or persons, bodies politie or corporate in the said ground shall be for ever divested out of them; and the said ground, after such agreement or verdict as aforesaid, shall be esteemed and taken to be a public highway to all intents and purposes whatsoever; saving nevertheless to the owner or owners of such ground all mines, minerals, and fossils lying under the same, which can or may be got without breaking the surface of the said highway; and also all timber and wood growing upon such ground, to be fallen and taken by such owner or owners within one month after such order shall have been made; or in default thereof, to be fallen by the said surveyor or surveyors within the respective months aforesaid (a), and laid upon the land adjoining for the benefit of the said owner or owners. And by the same Section it is further provided, That where there shall not appear sufficient money in the hands of the surveyor or surveyors, for the purposes aforesaid, then the said two justices, in case of agreement, or the said Court of Quarter Sessions, after such verdict as aforesaid, shall order an equal assessment to be made, levied, and collected upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, in the respective parishes, townships, or places, where such highways shall lie, and direct the money to be paid to the