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Subject_1 Road Subject_2 Servitude Subject_3 50 Geo. III. c. 120. Facts: Where a road was originally a private servitude road, trustees held not entitled to shut it up.
After a proof the Sheriff-Substitute ( Cheyne ,) pronounced the following interlocutor:—
“ Dundee , 31 st January 1874.—The Sheriff-Substitute having advised the process as regards the road mentioned in the petition, Finds in fact that the same has for upwards of forty years been a statute labour road, and as such has been under the Page: 594 ↓
Note .—As explained by the Sheriff-Substitute in the note to his interlocutor of 7th May last, the case divides itself into two branches. With these he shall deal in the order of their importance; and though the process is a somewhat bulky one, and the points raised by the respondents not few in number, his observations may, he thinks, be compressed within a very narrow compass.
With regard to the road, there can be no question whatever that it has for a very long time back—as far back as we can have any evidence in regard to it—been a public highway under the management of the statute-labour road trustees of the district. This the respondents did not at the recent discussion attempt to dispute, and the Sheriff-Substitute shall therefore assume that the first finding in the foregoing interlocutor is correct.
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Common Room
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