Highway Act 1835

1. Introductory Text

2. Repeal of 6 G. 1. c. 6. in part, except as to London ;

3. II. Not to revive repealed Acts.

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 As to the Recovery of Penalties incurred for Offences against Acts repealed.

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

6. V. Interpretation Clause.

7. VI. Surveyor to be elected annually. May be re-elected.

8. VII. Qualification of Surveyor.

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

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

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

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

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

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

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

16. XV. Names of Parishes arid of District Surveyor to be recorded, and a Copy thereof sent to each Churchwarden, &c. Parishes when united to form a District for Three Years and until Twelve Months after any one Parish shall give Notice of Intention to cease to form one of siad District.

17. XVI. District Surveyor to have Power, &c. of Surveyor, except in levying Rate. Salary of District Surveyor how to be paid.

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

19. XVIII. Appointment of a Board directing Repairs in large Parishes. Powers of the Board.

20. XIX. Board may hire or purchase Premises.

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

22. XXI. As to Repair of Highways adjoining Bridges hereafter to be built. Raised Causeways, &c.

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

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

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

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

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

28. XXVII. Surveyor to make Rate. Rate to be allowed by Justices.

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

30. XXIX. Form and Amount of Rate.

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

32. XXXI. Errors in Rates may be rectified.

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

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

35. XXXIV. Rates how to be recovered.

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

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

38. XXXVII. Security to be taken from Collector.

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

40. XXXIX. Separate Accounts to be kept.

41. XL. Surveyor to keep Books, and Account of Monies received, &c. to be open to Inspection of rated Inhabitants.

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

43. XLII. Surveyor, on quitting Office, to deliver Books, &c. to succeeding Surveyor. Penalty for Neglect.

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

45. XLIV. Yearly Accounts to be made by Surveyors, &c. and laid before the Justices at a Special Sessions for the Highways. Subject to appeal. Surveyors appointed under the Act of 13 G. 3. to pass their Accounts at Special Sessions after 25th March 1834.

46. XLV. Justices to hold Special Sessions for Purposes of this Act. At such Sessions Surveyor to verify Accounts, and make Returns of the State of the Roads, &c.

47. 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. Penalty.

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

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

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

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

52. LI. Materials where and in what Manner to be taken by Surveyors. Power to gather Stones without making Satisfaction, but Satisfaction to be made for Damages done by carrying them away.

53. LII. Not to extend to Sea Beach, &.

54. LIII. Notice to be given before Materials are taken from private Lands. If the Occupier shows Cause against the Removal, Two Jutices shall decide thereon.

55. 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.

56. 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 ; and in like Manner all those already made. Penalties on Surveyor for Neglect herein.

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

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

59. LVIII. Where a Highway lies in Two Parishes, the Justices to determine what Parts shall be repaired by each. Proviso in case of Highway repaired by Party, ratione tenurae, &c.

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

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

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

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

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

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

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

67. LXVI. Time of cutting Hedges and Trees.

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

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

70. LXIX. Penalty for encroaching on Highway. Encroachment to be taken down by the Surveyor.

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

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

73. LXXII. Penalty on Persons committing Nuisances by riding on Footpaths, &c ; by injuring the Road ; by damaging Banks, Causeways, Direction Posts, Milestones, &c. ; by making Fires ; by baiting Bulls ; by laying Timber, &c. ; by running of Filth.

74. 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.

75. LXXIV. Surveyor to impound Cattle found straying oa Highways until the Penalty herein imposed and the Charges are paid. Limiting the Extent of Penalty. Right of Pasturage not taken away.

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

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

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

79. LXXVIII. Drivers of Waggons or Carts not to ride thereon unless some other Person guide them. Drivers causing Hurt or Damage to others, or quitting the Road, or driving Carriage without Owner's Name, or not keeping the Left or Near Side, or interrupting free Passage, if not the Owner ro forfeit 20s. ; if he be the Owner, 40s. Proceeding if Driver will not discover his Name.

80. LXXIX. For securing unknown Offenders.

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

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

83. LXXXII. Justices may order narrow Highways to be widened. Surveyor to agree with Owners of Land for Recompence, and if they cannot agree the same may be assessed by a Jury at the Quarter Sessions. On Payment of Money assessed, Ground to be deemed a public Highway. Where there is not Money sufficient, a further Rate may be made, by Order of the Justices at their Quarter Sessions, not exceeding One Third of Rate.

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

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

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

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

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

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

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

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

92. XCI. If no Appeal be made, or if dismissed, Sessions to make Order for diverting, &c. and the old Ways may be stopped. New Highway shall afterwards continue a public Highway, &c.

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

94. XCIII. Provisions as to widening of a Highway to extend to all Highways which Persons are bound to repair ratione tenurae, &c. Justices to fix annual or other Amount payable by Party previously bound to repair.

95. XCIV. Mode of proceeding before Justices if Highway is out of repair. In what Cases Justices cannot interfere.

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

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

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

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

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

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

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

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

104. CIII. Forfeitures, Costs, and Charges may be levied by Distress and Sale. Application of Penalties.

105. CIV. Satisfaction recoverable for special Damage; but Distress not to be deemed unlawful for Want of Form in the Proceedings. Plaintiff not to recover for Irregularity if Tender of Amends be made.

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

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

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

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

110. CIX. Limitation of Actions. Defendant may plead the General Issue. Costs.

111. CX. Amount of Fees.

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

113. CXII. Limiting Powers of 57 G.3 c. 29.

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

115. CXIV. Net to affect the Universities ;

116. CXV. nor the Rights and Liberties of the City of London ;

117. CXVI. nor the Act 1 G.4 c.vii.

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

119. CXVIII. Concerning the Forms of Proceedings.

120. CXIX. Commencement of Act.

121. CXX. Act may be altered this Session.

122. 1. The SCHEDULE (stating the Forms) to which this Act refers