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and kept in repair by the council of such boroughs, by Act 62. 8. 45. reason whereof a great burthen is imposed upon the ratepayers of the said parishes and townships ; and it being doubtful whether the council of such boroughs have the power to adopt such parish roads and highways, or to apply the rates collected in such boroughs in repairing the same, be it enacted that it shall and may be lawful for the council of every such borough in England and Wales, upon the petition of the majority of the ratepayers of such parishes or townships present at a public meeting duly convened, to to adopt all or any of such parish roads and highways as the council shall in its discretion consider advisable, and to apply the rates levied and collected by the said council for the repair of the public streets, roads, and highways within such borough in repairing and maintaining such parish roads and highways : Provided always, that it shall be competent for such council, previous to adopting such parish roads and highways, to require the provisions contained in any local Act applying to the public streets, roads, and highways of such borough to be complied with.
The 74th section of the Highway Act, 1835, shall Act, 64,8. 25. be repealed, and instead thereof be it enacted, if any 5 & 6 W.4. horse, mare gelding, bull, ox, cow, heifer, steer, calf, pealed, and mule, ass, sheep, lamb, goat, kid, or swine is at any visions time found straying on or lying about any highway, cattle found or across any part thereof, or by the sides thereof (ex- straying, &c. cept on such parts of any highway as pass over any common or waste or uninclosed ground) the owner or owners thereof shall, for every
animal so found straying or lying, be liable to a penalty not exceeding five shillings, to be recovered in a. summary manner, together with the reasonable expense of removing such animal from the highway where it is found to the
Sect. 74 of
on highways. Id. s. 51. As to en
Act'64, s. 25. fields or stable of the owner or owners, or to the
common pound (if any) of the parish where the same shall be found, or to such other place as may have been provided for the purpose: Provided always, that no owner of any such animal shall in any case pay more than the sum of thirty shillings, to be recovered as aforesaid, over and above such reasonable expenses as aforesaid, including the usual fees and charges of the authorized keeper of the pound: Provided also, that nothing in this Act shall be deemed to extend to take away any right of pasturage which may exist on the sides of any highway.
From and after the passing of the Highway Act, croachment 1864, if any person shall encroach by making or causon highways. ing to be made any building, or pit, or hedge, ditch, or
other fence, or by placing any dung, compost, or other materials for dressing land, or any rubbish, on the side or sides of any. carriageway or cartway within fifteen feet of the centre thereof, or by removing any soil or turf from the side or sides of any carriageway or cartway, except for the purpose of improving the road, and by order of the highway board, or, where there is no highway board, of the surveyor, he shall be subject on conviction for every such offence to any sum not exceeding forty shillings, notwithstanding that the whole space of fifteen feet from the centre of such carriageway or cartway has not been maintained with stones or other materials used in forming highways; and it shall be lawful for the justices assembled at petty sessions, upon proof to them made upon oath, to levy the expenses of taking down such building, hedge, or fence, or filling up such ditch or pit, and removing such dung, compost, materials, or rubbish, as aforesaid, or restoring the injury caused by the removal
Act'78. s. 25.
of surveyors in certain
of such soil or turf, upon the person offending: Pro- Act°64, s. 61. vided always, that where any carriageway or cartway is fenced on both sides no encroachment as aforesaid shall be allowed whereby such carriageway or cartway shall be reduced in width to less than thirty feet between the fences on each side.
Whereas doubts have arisen whether a surveyor of highways can be appointed, in pursuance of the High- doubt as to
appointment way Act, 1835, for a parish which does not maintain
any highway: be it therefore enacted, that it shall be lawful parishes. for the inhabitants in vestry assembled of any parish or place having a known legal boundary (notwithstanding that the inhabitants at large are not for the time being liable to maintain any highway or to contribute to any rate applicable to the maintenance of highways), or on the neglect or refusal of such inhabitants for the justices at a special sessions for the highways or in petty sessions assembled, at any time to exercise all the powers of the Highway Acts with respect to the election or appointment of a surveyor of highways with or without a salary for such parish or place: and any surveyor so elected or appointed shall have all the powers and duties (including the power of making, assessing, and levying of highway rates) of a surveyor under the Highways Acts. Notwithstanding anything contained in sect. 68 of Id. s. 27.
Application the Public Health Act, 1848, or in sect. 149 of the of 7 & 8 Geo.
4, c. 24, s. 18, Public Health Act, 1875, all mines and minerals of with respect any description whatsoever under any disturnpiked road to minerals
, or highway which has or shall become vested in an and to high urban sanitary authority by virtue of the said sections, ways. or either of them, shall belong to the person who would be entitled thereto in case such road or highway had not become so vested, and the person entitled to
Act '78, s. 27.
any such mine or minerals shall have the same powers of working and of getting and carrying away the same or other minerals as if the road or highway had not become vested in the urban sanitary authority, but so nevertheless that in such working no damage shall be done to the road or highway.
This section extends to the Isle of Wight and to to the Isle of South Wales, as defined by the said Act of 23 & 24 South Wales Vict. c. 68, “ An Act for the better management and
control of the highways in South Wales."
This section extends
HIGHWAY ACT, 1862.
25 & 26 Vict. c. 61.
An Act for the better Management of Highways in England (a).
[29th July, 1862.] WHEREAS it is expedient to amend the law relating to highways in England; Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
PRELIMINARY. 1. This Act shall not extend to Scotland or Ireland. Limits of
2. The word “county” in this Act shall not include Definition of
“county" a "county of a city” or “a county of a town,” but where and boa county, as hereinbefore defined, is divided into ridings
rough." or other divisions having a separate court of quarter sessions of the peace, it shall mean each such division or riding, and not the entire county; and for the purposes of this Act all liberties and franchises, except the liberty of Saint Albans, which shall be considered a county, and except boroughs as hereinafter defined, shall be considered as forming part of that county by which they are surrounded (6), or if partly surrounded by two or more counties, then as forming part of that county with
(a) This Act, so far as is consistent with its provisions, is to be construed as one with 5 & 6 Will. 4, c. 50 (sect. 42, sub-sect. 1). And the Highway Act, 1864, so far as is consistent with the tenor thereof, is to be construed as one with this Act. (27 & 28 Vict. c. 101, s. 2).