Catalogue

File of enrolled copies of writs and inquisitions concerning: 1. Thomas Allan to enclose common way in Chester-le-Street leading to Picktree, October 1731 2. John Hylton of Hylton Castle to enclose one king's highway between Hylton and Hylton Ferry and one in the road from Newcastle to Hylton Ferry, 1743. 3. Scroop, Duke of Bridgwater, to enclose King's highway in Winston from Staindrop to the Tees side, May 1743 4. Morton Davison of Beamish to divert an ancient common horse and footway in Tanfield, December 1746 5. Dean and Chapter of Durham to enclose common highway in Pittington, June 1749 6. Ralph Carr of Dunston Hill to enclose part of carriage way for copyholders in Whickham and a common horse and footway from Whickham village to Dunston, July 1753 7. Sir Thomas Clavering bart. to enclose part of the common highway in Ryton from Winlaton to Swalwell, July 1758 8. Henry, Earl of Darlington, to enclose a common highway in Staindrop, January 1759 9. Francis Blake to enclose the king's highway in Norham, November 1764

Inquisition concerning enclosure by William Alder of King's Highway called the Coal and Church Road at Horncliffe in Norham, April 1770 (1 file) Highway Diversion Orders 1774 - 1971 In 1773 an act of Parliament (13 George III c.78) empowered two Justices to authorise a diversion of a highway if it appeared shorter or more convenient and the owner of the land agreed. The order was then confirmed by full court of Quarter Sessions provided no appeal was made against it. The road was not closed until two justices certified that the new one was complete. In 1835 the Highways Consolidation Act, confirmed and clarified the procedure. This explained that if the inhabitants, at a vestry meeting, deemed it expedient for any highway to be stopped or diverted the parish surveyor could apply to two justices of the peace to view the roads. A private owner had first to give notice to the churchwardens to assemble the inhabitants to consider the proposal. If the justices approved and the owner of the land consented, notice of the proposed diversion was to be inserted in a local newspaper for four successive weeks and another notice fixed to the church door. After the four weeks, when the justices had been provided with proofs and a plan, they certified, usually at a special petty sessions, that they had viewed the highway and found the proposed new route more commodious, explaining the reasons. This certificate was lodged with the clerk of the peace and a further four weeks allowed for it to be inspected and appeals to be made. Then the clerk of the peace read the certificate in open court at Quarter Sessions, An appeal against the diversion could be made to a jury at Quarter Sessions but if there was no appeal the diversion was allowed. The certificates and plans, etc. were enrolled with Quarter Sessions. The Highways Act 1959 confirmed this procedure except for trunk roads and special roads, footpaths and bridleways which had to be confirmed by the government minister responsible. The planning authority had to give its consent and then orders were made at a magistrates' court. The orders with plans annexed and other documents were sent to the Clerk of the Peace to be enrolled. Since 31 December 1971, following the Courts Act abolishing Quarter Sessions, highway diversion orders are sent to the Clerk of the local authority and filed in the usual way. The order describes the road and proposed diversion in detail, the plans are usually large scale and can be useful for showing developments, landownership, etc. A Monkwearmouth plan of 1826 for example shows the river with ballast cranes, Lambton's and Londonderry's 'drops', Darnel & Co's brewery, a vignette of the church and the position of chapels, the workhouse etc. (Q/R/HD/ C/42). 950 orders in 185 different parishes or townships were made between 1774 and 1971 The method of record-keeping adopted in the case of the highway diversion orders is complicated and has been set out in tabular form below

Highway diversion orders and plans, 1777, 1803, 1817 - 1971 Detailed lists of the orders and plans arranged both numerically and by name of place can be found in an appendix to the Quarter Sessions catalogue

Register of copy highway diversion orders, without plans, January 1817 - January 1835

Register of copy highway diversion orders, with plans, April 1880 - September 1912

Register of copy highway diversion orders, with plans, October 1912 - June 1930

Register of copy highway diversion orders, with plans, June 1930 - July 1942

Register of copy highway diversion orders, with plans, July 1942 - January 1958

File of original highway diversion orders and plans, 1822 - 1834

Plans of highway diversions not included in register books or numbered bundles for the following numbers: 108, 119, 120, 121, 124, 129, 136, 143, 144, 150, 151, 177, 179, 222, 237, 238; 1883 - 1912