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Highway Act 1835


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. II.Not to revive repealed Acts.

  3. III.As to the Recovery of Penalties incurred for Offences against Acts repealed.

  4. IV.Present Surveyor to continue until a Surveyor is appointed.

  5. V.Interpretation Clause.

  6. VI.Surveyor to be elected annually.

  7. VII.Qualification of Surveyor.

  8. VIII.Penalty on Surveyor not acting when chosen.

  9. IX.Surveyor may be appointed with a Salary.

  10. X.Surveyor, on verifying his Accounts, to name his Successor.

  11. XI.Power to Justices in certain Cases to appoint a Surveyor.

  12. XII.When Parish is situate in more than One County.

  13. XIII.Parishes may direct Application to be made to Justices at Sessions for forming them into Districts.

  14. XIV.Justices at Sessions may unite such Parishes into Districts, and select and appoint a District Surveyor.

  15. XV.Names of Parishes arid of District Surveyor to be recorded, and a Copy thereof sent to each Churchwarden, &c.

  16. XVI.District Surveyor to have Power, &c. of Surveyor, except in levying Rate.

  17. XVII.When Parishes are united, a Surveyor to be appointed to make Rate, &c.

  18. XVIII.Appointment of a Board directing Repairs in large Parishes.

  19. XIX.Board may hire or purchase Premises.

  20. XX.Penalty on Surveyor, &c. for Neglect of Duty.

  21. XXI.As to Repair of Highways adjoining Bridges hereafter to be built.

  22. XXI.Powers for getting Materials and preventing Nuisances to extend to County Bridges and Roads at the Ends thereof.

  23. XXIII.When new Highways are to be kept in repair by Parishes.

  24. XXIV.Direction Posts, where and how to be erected.

  25. XXV.Power to use adjoining Ground as a temporary Road.

  26. XXVI.Surveyor to remove Snow, &c.

  27. XXVII.Surveyor to make Rate.

  28. XXVIII.Surveyor may inspect Rate Book, and obtain Copies or Extracts.

  29. XXIX.Form and Amount of Rate.

  30. XXX.Surveyor to have Power to enforce Composition in certain Parishes.

  31. XXXI.Errors in Rates may be rectified.

  32. XXXII.Persons may be excused by Justices from Payment of Highway Rate.

  33. XXXIII.Certain Persons not liable to Payment of Highway Rate.

  34. XXXIV.Rates how to be recovered.

  35. XXXV.Rate-payers may divide among themselves the Conveyance of Stone, &c. for Repair of Highways, which shall be paid for by the Surveyor.

  36. XXXVI.Surveyor, with Consent of Vestry, may appoint Collector of Rates.

  37. XXXVII.Security to be taken from Collector.

  38. XXXVIII.Collector to make out Accounts of all Monies received under this Act, &c.

  39. XXXIX.Separate Accounts to be kept.

  40. XL.Surveyor to keep Books, and Account of Monies received, &c.

  41. XLI.The Properly in all Books, &c. to be vested in Surveyor for the Time being.

  42. XLII.Surveyor, on quitting Office, to deliver Books, &c. to succeeding Surveyor.

  43. XLIII.In case of Death of Surveyor, Executors to account.

  44. XLIV.Yearly Accounts to be made by Surveyors, &c. and laid before the Justices at a Special Sessions for the Highways.

  45. XLV.Justices to hold Special Sessions for Purposes of this Act.

  46. XLVI.Surveyor may contract for getting and carrying Materials; but not to share in any Contract, or get to hire any Team, or dispose of any Timber, Stones, &c. without Licence from Two Justices.

  47. XLVII.Penalty on taking away Materials belonging to Surveyor.

  48. XLVIII.Land allotted to the Parish for Materials, when exhausted, may be sold.

  49. XLIX.Tenant for Life, &c. may renounce Damages.

  50. L.Persons enfeoffed with Lands for Maintenance of Highways, &c. shall let them to farm at the most improved Value, with Consent of Justices.

  51. LI.Materials where and in what Manner to be taken by Surveyors.

  52. LII.Not to extend to Sea Beach.

  53. LIII.Notice to be given before Materials are taken from private Lands.

  54. LIV.If sufficient Materials cannot be found in Waste Lands, &c. Surveyor may take them from the several or inclosed Lands or Grounds, making Satisfaction to the Owners.

  55. LV.If Surveyor shall make Pits or Holes in getting Materials, he shall cause them to be filled up or sloped down, and fenced off

  56. LVI.Penalty on Surveyor allowing any Heap of Stone, &c. to remain on Highway at Night.

  57. LVII.Surveyor damaging Mills, Dams, &c. by digging Materials, to forfeit not exceeding 5l.

  58. LVIII.Where a Highway lies in Two Parishes, the Justices to determine what Parts shall be repaired by each.

  59. LIX.Parishes, bound to repair the Part so allotted.

  60. LX.How Costs of Proceedings shall be defrayed, &c.

  61. LXI.Boundary of Counties, &c. not to be changed, except for the Purpose aforesaid.

  62. LXII.Highway repaired by Party, ratione tenurae, &c. may be made a Parish Highway.

  63. LXIII.What shall be deemed the Centre of the Highway.

  64. LXIV.No Tree, &c. allowed to be planted within 15 Feet of the Centre of the Carriageway.

  65. LXV.Mode of proceeding if Highway is prejudiced by Hedges, &c.

  66. LXVI.Time of cutting Hedges and Trees.

  67. LXVII.Surveyor to make and keep open Ditches, &c, and to lay Trunks, &c. through Lands adjoining Highway, paying for Damage if any incurred.

  68. LXVIII.Owner, Occupier, &c. not to alter such Ditches, without Consent.

  69. LXIX.Penalty for encroaching on Highway.

  70. LXX.Steam Engines, &c. not to be erected within a certain Distance of Roads.

  71. LXXI.Proprietors of Railways to erect Gates, &c. where they cross Highways.

  72. LXXII.Penalty on Persons committing Nuisances by riding on Footpaths, &c.

  73. LXXIII.Matters laid on or near Highway, so as to be a Nuisance, to be removed on Notice; or on Failure, Surveyor to dispose of the same by Order of a Justice.

  74. LXXIV.Surveyor to impound Cattle found straying oa Highways until the Penalty herein imposed and the Charges are paid.

  75. LXXV.Punishing Persons guilty of Pound-breach.

  76. LXXVI.Names of Owners to be painted on all Waggons, &c. in the Manner herein mentioned.

  77. LXXVII.One Driver may take charge of Two Carts, provided they are drawn only by One Horse each.

  78. LXXVIII.Drivers of Waggons or Carts not to ride thereon unless some other Person guide them.

  79. LXXIX.For securing unknown Offenders.

  80. LXXX.Cartways to be Twenty Feet wide, Horseways Eight Feet, and Footways Three Feet.

  81. LXXXI.Width of Gates across public Cartways and Horseways.

  82. LXXXII.Justices may order narrow Highways to be widened.

  83. LXXXIII.Cost of Proceedings, by whom payable.

  84. LXXXIV.Previous to a Highway being stopped up, &c. Surveyor to request Justices to view the same.

  85. LXXXV.Proceedings for diverting, &c. certain Highways, and stopping up unnecessary Highways.

  86. LXXXVI.As to stopping up more than One Highway connected together.

  87. LXXXVII.Court may confirm Order for so doing wholly or in part.

  88. LXXXVIII.Persons who may think themselves aggrieved if such Highway should be ordered to be stopped up, &c may appeal.

  89. LXXXIX.In case of Appeal, Jury at Sessions, to determine whether new Highway is nearer, &c.

  90. XC.Costs to be awarded in Appeal against stopping up, &c. Highway.

  91. XCI.If no Appeal be made, or if dismissed, Sessions to make Order for diverting, &e. and the old Ways may be stopped.

  92. XCII.Party liable to Repair of old Highways to repair new Highways.

  93. XCIII.Provisions as to widening of a Highway to extend to all Highways which Persons are bound to repair ratione tenure, &c.

  94. XCIV.Mode of proceeding before Justices if Highway is out of repair.

  95. XCV.Mode of proceeding if Obligation to repair is disputed.

  96. XCVI.Fines, Penalties, and Forfeitures how to be levied and applied.

  97. XCVII.Justices empowered to award Costs to Defendant, where Information, &c. is withdrawn or dismissed.

  98. XCVIII.Court may award Costs to the Prosecutor.

  99. XCIX.No Presentment against Inhabitants for Highway being out of repair.

  100. C.Inhabitants and Officers in Parishes may give Evidence.

  101. CI.Justices may proceed by Summons in' the Recovery of Penalties.

  102. CII.Compelling Witnesses to attend and give Evidence.

  103. CIII.Forfeitures, Costs, and Charges may be levied by Distress and Sale.

  104. CIV.Satisfaction recoverable for special Damage; but Distress not to be deemed unlawful for Want of Form in the Proceedings.

  105. CV.Appeal may be made to Quarter Sessions against Rate, &c.

  106. CVI.Provisions of 41 G.3 c.23 applicable to this Act.

  107. CVII.Rates and Proceedings not to be quashed for Want of Form.

  108. CVIII.In case of Appeal, Sessions may grant a special Case.

  109. CIX.Limitation of Actions.

  110. CX.Amount of Fees.

  111. CXI.Expences for defending Prosecutions agreed upon at a Vestry Meeting, how to be paid.

  112. CXII.Limiting Powers of 57 G.3 c.

  113. CXIII.Not to extend to Turnpike Roads, or to Roads under Local Acts.

  114. CXIV.Net to affect the Universities;

  115. CXV.Nor the Rights and Liberties of the City of London;

  116. CXVI.Nor the Act 1 G.4 c.vii.

  117. CXVII.Powers of Commissioners of Sewers not abridged.

  118. CXVIII.Concerning the Forms of Proceedings.

  119. CXIX.Commencement of Act.

  120. CXX.Act may be altered this Session.

    1. Schedule

      (stating the Forms) to which this Act refers

      1. No. l

        Notice to Person of his having been elected Surveyor

        Appointment of Surveyor with Salary

      2. Appointment of Surveyor by Justices

      3. Form of Highway Rate

        1. A.A.B./ C.D.) Surveyor [or Surveyors] of the Parish of ___________....

      4. Notice of Intention to make Highway

      5. Certificate of Justices, of Highway having been made in a substantial Manner, &c

      6. Notice to remove Snow, &c

      7. Schedule to be filled up by the Surveyors of Highways of all Parishes, and presented by them, with their Accounts, to the Magistrates, at the End of every Year

      8. Licence from Justices at Special Sessions for the Highways for a Surveyor to dig, &c. Materials upon inclosed Lands, for the Repair of Highways

      9. Licence from Justices at a Special Sessions for the Highways to get Materials for the Repair of the Highways in another Parish besides that wherein such Materials are to be employed

      10. Information to enable Justices to fix Boundaries of Highway lying in Two Parishes

      11. Summons to be subjoined to a Copy of the above Information

      12. Final Order and Adjudication, to be fled with the Clerk of the Peace

      13. Notice from Surveyor to remove Nuisances

      14. Order of Two Justices for widening a Highway

      15. Certificate from the said Justices to the Court of Quarter Sessions

      16. Consent from the Owner of the Land through which a new Highway is proposed to be made

      17. Form of Notice of diverting, &c. Highway

      18. Summons for any Person or Persons to attend a Justice or Justices

      19. Information

      20. Form of Conviction

      21. Warrant to distrain for the Forfeiture

      22. Return of the Constable to be made upon the Warrant of Distress when there are no Effects

      23. Commitment for Want of Distress

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