rJGHT OF WAY UNDER DEED OF PARTITION. 105 



have been made by any one who had knowledge of the facts (P/};e v. 

 Fukher, 28 L. J. Q. B. 12). 



Order of Justices to stojj up a puhlic carriage-road under an Inchsure 

 Act, implied ly long acquiescence. — An award made in 1830, under an 

 Inclosure Act, which empowered the Commissioners to stop up high- 

 ways, subject nevertheless to the order and concurrence of two justices, 

 directed a certain public highway for carriages to be stopped up. Ever 

 since the award {i.e. for 28 years) the road had been stopped up by a 

 gate, and had never been used by the public, with carriages or horses. 

 There had, however, been some user by foot passengers. No proof was 

 given that the requisite order of justices had ever been made. It was 

 held by the Exchequer Chamber, confirming the decision of the Court 

 of Exchequer, that from the non-user of the road for so long a period, 

 the jury might presume that there was such an order (Williams v. 

 Fi/tm, 28 L. J. Ex. 146). 



Poiver of Inclosure Commissioners to set out private road. — Where a 

 provisional order has been made under the Inclosure Acts, ordering 

 certain land therein described to be allotted to an individual, in lieu of 

 his right in the lands to be enclosed, and the order does tiot eaprcsstij 

 exempt such allotment from having a right of way reserved over it, the 

 Inclosure Commissioners have power, in proceeding with the inclosure, 

 to order the valuer to set out a private road over such land, for the use 

 of another landowner; and per Erie C.J., "The words of 11 & 12 

 Vict. c. 99, s. 4, giving the valuer power to set out private roads, are 

 extremely wide, and give the Commissioners jurisdiction in the matter" 

 {Gruhh V. Inclosure Commissioners). AfRrmed in Error. 



Apip)ropriation of a private right of uuiy lij Private Estates Act. — A 

 Private Estate Act (6 117//. IV. c. 13) enables tenants for life to grant 

 building leases, and empowers the lessors to lay out, and appropriate 

 any part of the land authorised to be leased, as for a way, street, 

 square, passage, or sewer, or other conveniences for the general im- 

 provement of the estate, and the accommodation of the tenants and 

 occupiers. It was held that extensive private rights of way over such 

 appropriated land might be granted to particular lessees, as such appro- 

 priation did not confer a right of user by all the tenants and occupiers 

 (White V. Leeson). 



Right of way under deed of partition. — Pger v. Cartel' was quite dis- 

 tinguished from Worthington v. Gimson, in which there is no ground 

 for saying that there was any necessity at all for the way claimed. 

 There H. and P. being seised of undivided moieties in the N. and N". V. 

 estates, entered into a deed of partition, by which tiie N. V. estate was 

 conveyed to tl., and the K". estate to P. A way had existed for many 



