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1854.

V.

WORTHING

ROAD Trustees.

whereby it was adjudged and ordered that a certain The QUEEN portion (to wit the sum of 2507.), part of the rate or assessment to be levied, by virtue of stat. 5 & 6 W. 4. c. 50. (a), in the parish of Broadwater, should be paid by the surveyor or surveyors of the highways of the said parish unto the respondents, or unto their treasurers, on or before 1st August then next, to be by the respondents wholly laid out in the actual repair of such part of The Worthing and Lancing Turnpike Road as lay within the said parish of Broadwater, the said order was quashed, subject to the opinion of the Court of Queen's Bench on the following case.

The hamlet of Worthing has always been comprised within, and formed part of, the parish of Broad

water.

In 1821, by a local Act (1 & 2 G. 4. c. lix.) (b), certain commissioners were appointed for the general manage ment of Worthing aforesaid, therein called and constituted the town of Worthing. And it was thereby enacted (sect. 3) that the said town should be coextensive with the said hamlet of Worthing, and that it should, notwithstanding the said Act, continue to be part of the parish of Broadwater, and be subject to and charged with all rates, tithes and other payments whatsoever, as part of the said parish, in like manner as before the making and passing of the said Act.

(a) Sect. 27.

(b) Local and personal, public: "To repeal two Acts made in the 43d and 49th years of his late Majesty, for paving the town of Worthing, in the county of Sussex, and establishing a market therein, and for making other provisions in lieu thereof; for erecting groyns, for laying a duty on coals imported into the said town, and for other purposes relating to the improve. ment of the said town."

1854.

V.

WORTHING
ROAD
Trustees.

By sect. 30 of the said Act, it was enacted that, when and as soon as any of the streets, lanes, ways, passages The QUEEN and places within the said town, which, before the passing of certain other Acts (a) relating to the management of the said town (and which were thereby repealed), were repairable by the surveyors of the highways of the said parish of Broadwater, should be repaired and amended by the commissioners of the said town, the said surveyor should, yearly and every year thereafter, so long as the said streets, lanes, ways, passages and places should be kept, repaired and amended by the said commissioners, pay or cause to be paid to the said commissioners a proportionate part, according to the respective lengths of such streets, lanes, ways, passages or places, and of the other parts of the highways in the said parish, of the highway rate annually raised in the said parish.

Within the limits of the said town of Worthing, so defined as aforesaid, is a certain ancient road or public highway, leading from Warwick Buildings in the said town towards The Horse Shoes inn in the parish of Lancing, which was repairable by the surveyor of the highways of the parish of Broadwater prior to the passing of the said two Acts so repealed as aforesaid (a).

In 1826, an Act of Parliament was passed (7 G. 4. c. x. (b)), entitled "An Act for making and maintaining a turnpike road from Worthing to Lancing in the county of Sussex, and groynes, embankments and other seadefences, for protecting such road and the lands adjoining

(a) Stats. 43 G. 3. c. lix., 49 G. 3. c. cxiv., both local and personal, public. (The title of the later Act has been, by mistake, interchanged with that of c. cxv. of the same year.)

(b) Local and personal, public.

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1854.

The QUEEN

V.

WORTHING
ROAD
Trustees.

from the future encroachments of the sea." Whereby, after reciting (a) that many parts of the said road had of late years been frequently injured and rendered impassable by the overflowing of the sea, and certain lands adjoining such road, and situate in the said town of Worthing, and in the parishes of Broadwater, Lancing and Sompting, and the hamlet of Cokeham, all in the said county, had been likewise damaged by the same means, and that the said road and lands were still exposed to similar accidents, and that it was expedient for the benefit and convenience of the public that such road should be in some places diverted, widened and raised, and that the said road, as well as the said lands for the benefit of the owners thereof, should be effectually protected from the future overflowing and encroachment of the sea, by groynes, embankments, and other seadefences, and that the same should be made a turnpike road, certain trustees were appointed for carrying out the objects of the said Act (b): and powers for making and maintaining the said road, and for taking and regulating tolls (c), were given to the said trustees and their successors, together with power (d) to erect groynes, embankments and other sea-defences; and (e), for the

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(b) Sect. I enacts "That the said road shall be called The Worthing and Lancing Turnpike Road.'"

(c) Sect. 9: "to demand, receive, and take, at the turnpike or toll gate" &c.

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(d) Sect. 19: "for the protection of the said road and the land's adjoining."

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(e) Sect. 32. The parts of this section material to the questions decided in the case were the following. "That for the purpose enabling the said trustees to defray the expences of preparing, soliciting, and obtaining this Act, and of procuring the surveys and plans preparatory

protection of the said lands, to levy and assess upon the owners thereof annual rates, to be applied, with the said tolls, to the general purposes of the said trusts (a).

thereto, and to make, improve, and maintain the said road, and the said embankment across or over Sea Mills Common or Brooks, and effectually to protect and defend the same and the lands adjoining from the future encroachments of the sea, by means of groynes, embankments, drains, bridges, sluices, and other sea defences, and to carry this Act into execution, there shall be raised annually the sum of 1827. 19s. sterling, by a rate or assessment to be made in manner hereinafter mentioned, on the several owners and proprietors of the said lands which have heretofore been injured by the overflowing of the sea, and are set forth in the schedules" &c.: the mode of assessment is then laid down.

66

(a) Sect. 45 enacts: That it shall be lawful for the said trustees to borrow and take up at interest, upon the credit of the tolls and rates or assessments arising by virtue of this Act, such sum or sums of money as they shall think fit, and they may and are hereby empowered to demise or mortgage the said tolls and rates or assessments, or any part or parts thereof, and the turnpikes and toll houses for collecting the same tolls (the costs and charges of such mortgages to be paid out of such tolls and rates or assessments), as a security to any person or persons, or their trustees, who shall advance such sum or sums of money."

Sect. 55 enacts that out of the moneys subscribed and advanced, or which should thereafter be subscribed and advanced, for the purposes of, or borrowed on the credit of, the Act, the trustees should, in the first place, pay all costs incidental to the passing of the Act, with interest on all moneys advanced, and then all money expended in making the road and embankment across Sea Mills Common or Brooks, or in making groynes, embankments, sea defences, toll gates, turnpikes, side gates, &c.,“ and other matters and things necessary or requisite for carrying the purposes of this Act into execution;" the remainder to be invested in a permanent capital or fund: "and that all other moneys whatsoever which shall arise either from the tolls or rates or assessments by this Act granted, or by way of interest upon the said capital or fund, shall be applied in amending, sustaining, adding to, and keeping in repair the said road, groynes, embankınents, sea defences, toll houses, toll gates, and other works, matters, and things hereinbefore particularly specified :" 50% to be annually appropriated to the capital: the remainder to be applied in discharging the interest upon moneys subscribed, advanced or borrowed, then to the E. & B.

VOL. III.

3 s

1854.

The QUEEN

V.

WORTHING

ROAD Trustees.

1854.

V.

WORTHING
ROAD
Trustees.

And it was also thereby provided and enacted (sect.

The QUEEN 57) that nothing in that Act contained should extend, or be deemed or construed to extend, to prejudice, diminish, alter or take away any of the rights, powers, or authorities vested in the Commissioners, for the time being, acting under the authority of the said Act of 1 & 2 G. 4. c. lix.; but all the rights, powers and authorities vested in them should be as good, valid and effectual as if the said Act now in recital had not been made; save and except that they, the said Commissioners, should from thenceforth be freed and discharged of and from the expence of making and maintaining so much of the said road as was situate within the said town of Worthing, and of making and maintaining groynes, embankments and other seadefences for the protection of the same.

The said road was accordingly converted into a turnpike road, and was widened, raised and diverted in pursuance of the provisions of the said Act. The whole of that portion of it which forms the subject of the said order of justices lies within the limits of the said town of Worthing, and, from time to time during the last six years, has been damaged by the encroachment of the sea and at certain points the road itself has actually been carried away; and a new portion of road was, in the winter of 1852, substituted.

maintaining the capital so long as the sum invested on account of capital should not amount to, or should be reduced below, 10001; and lastly to repay the principal moneys subscribed, advanced and borrowed.

Sect. 56 enacts that the expences lately incurred by three proprietors (named) of parts of the lands in making a sluice should be defrayed by the trustees"out of the moneys to arise under or by virtue of this Act."

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