Definitive Map Orders: Consistency Guidelines
Annex 2 - Documentary Evidence Paper
by Christine Wilmore
Annex 2 Part 5
5 OTHER SOURCES
There is then a widening circle of documents which are less likely to produce anything useful, and are on their own less weighty than primary sources, but which can contribute to the construction of a credible overall historical picture.
5.1 ORDNANCE SURVEY DRAWINGS AND 1" MAPS
The Ordnance Survey was founded in 1791. The first survey of southern
England, which resulted in the production of the surveyor's drawings,
was in response to military needs for a 1" map during the Napoleonic
wars. The fact that they were produced in response to military demands
should be borne in mind when interpreting these maps.
5.2 OLD COUNTY MAPS / ITINERARIES
A variety of commercial maps were produced in the 18th and 19th centuries. They are of varying quality and generally on a small scale. However they can provide useful supporting evidence.
Old county and itinerary maps are of relatively small evidential value unless a consistent picture emerges over many years, but will give an indication of whether the route may have bridleway or vehicular rights. If a route is on such a map, this means the search is probably trying to ascertain whether the route is a byway or bridleway. A route not on these maps may still be a public route, but one is likely to be judging whether it is a footpath or bridleway.
There is little to be gained from an exhaustive study of every known
commercial map and itinerary. Some were largely copied from each other;
in any event they are of little weight on their own: what is looked for
here is a general picture of whether the route seemed important enough
to get into these documents fairly regularly. A one off appearance could
be an error, which produced complaints and was removed from later maps:
consistent depiction over a number of years is a positive indicator.
5.3 DEPOSITED PLANS OF PUBLIC UTILITIES (RAILWAYS & CANALS)
If it is found that the track lies near to a canal or railway, the relevant deposited plan should be tendered in evidence. From 1793 the House of Lords required statutory undertakers to deposit plans of their proposed construction, including details of such matters as bridges prior to consideration of their private Bill by the House. From 1837 these were also deposited locally. The fields, houses and roads etc adjoining the proposed line of the utility are numbered and keyed to a schedule. The track might be referred to on the schedule as, for example, a public road or an occupation road. This is an indication of how the status of the track was regarded at the time that the plan was made. These documents have significance because the size of such things as bridges the undertaker would need to construct were affected by whether the route was a vehicular, horse or pedestrian route. The undertaker would certainly not wish to incur the additional cost of overstating public rights, equally the parish would be concerned to ensure the undertaker bore the costs of any works, and might also wish to ensure local rights were preserved.
Many canals and railways were planned, but never constructed, with the result that these records are easy to overlook. The final construction of the utility does not affect the evidential value of the plans, but there is no easy way to be alerted to unconstructed utilities in the vicinity of a route.
5.4 TURNPIKE RECORDS
As with Inclosure, the evidential status of Turnpike records depends upon the particular turnpike legislation. Some Turnpike Acts created entirely new routes, others provided for charging for use of what had been public highways. Similarly, at the expiry of the Turnpike period the route may or may not have automatically become a public right of way. In any event use may have continued uncontrolled giving rise to a public right of way through use. Accordingly, it is necessary to look at the particular Turnpike process. In doing so, a similar approach should eb taken as in relation to canal and railway records: remembering how bitterly turnpikes were contested, with regular incidents of people burning or tearing down turnpike gates
5.5 ESTATE MAPS
The index of maps in the Record Office might reveal the existence of Estate Maps. The Archivist might also know of Estate Maps deposited elsewhere or which remain in private hands. It should be borne in mind that the ownership of estate and other private maps usually remains with the owner whether the maps are deposited in a Record Office or not. It is therefore necessary to obtain permission from the owner for the maps to be used in legal enquiries or produced as evidence at inquiries. If the map is deposited in the Record Office the Archivist will arrange for permission to be obtained.
5.6 LATER ORDNANCE SURVEY MAPS
The second and later editions of the Ordnance Survey maps (from the
mid 1890's) may be useful, especially where the track is of relatively
recent origin. Two unpublished pamphlets may be useful in the interpretation
of tracks on Ordnance Survey maps: 'Instructions to Field Surveyors'
(1905) and 'Instructions to Draftsmen and Plan Examiners' (1906). Copies
of both are obtainable from the Library of the Ordnance Survey at Maybush,
Southampton.
5.7 COUNTY RECORDS
The County Council holds many records of use including : the County List of Streets, 1929 Handover Maps, County Surveyors Maps of Roads and Bridges, maintenance records (including the old Highway Board and parish repair records held at the local record office). These can provide useful evidence of continuity, but are not very strong evidence, except against the County itself.
5.8 OTHER RECORDS
Other records which might be of use include:?
a) Title Deeds ? Conveyances of property may record rights of way.
b) Sale catalogues ? they may contain references to lands being subject to
rights of way, but are not legally binding (thing of modern estate agents descriptions)
c) Newspapers ? they may record disputes about rights of way, or carry notices
about stopping up and diversion orders.
d) Estate papers and correspondence ? they may mention the use of rights of
way by estate workers or others.
e) Manorial Records ? there may be references in presentments to a Manorial
Court about use of a track or footpath. If a Manor Court finding they carry
the same status as Quarter Sessions records.
f) Aerial photographs – whether county, private or national records.
g) Ordinance Survey photographs.
h) S.31 Deposits – deposited maps of admitted public rights of way under
s.31(6) Highways Act 1980.
i) Parish records – in general these are evidential, but where the parish
was the highway authority they are equivalent to county records
The earlier admonition about the need for permission before using private
estate maps applies equally to any privately?owned records in this section,
of course.
Section 6 on Next Page
April 2003
