HIGHWAYS AND LOCOMOTIVES, (AMENDMENT) ACT, 1878. 41 & 42 VICT. CAP. 77. An Act to amend the Law relating to Highways in [16th August, 1878.] WHEREAS it is expedient to amend the law relating to highways in England, and to amend the Locomotive 24 & 25 Vict. Acts, 1861 and 1865: c. 70. Be it enacted by the Queen's most excellent Majesty c.83. 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 may be cited as the Highways and Short title. Locomotives (Amendment) Act, 1878. of Act. 2. This Act shall not apply to Scotland or Ire- Application. land (a); and, save as is by this Act expressly provided (b), Part I. of this Act shall not apply to the Isle of Wight; nor to any part of the metropolis; nor to any part of a county to which the Act 23 & 24 Vict. c. 68, "An Act for the better management and control of the highways in South Wales," extends. s. 1. (a) The same limitation is prescribed by 25 & 26 Vict. c. 61, (b) The only part of the Act to which this applies is sect. 27, in Act '78, s. 2. which the saving as to minerals is expressly extended to the Isle of Wight, and to South Wales. Both of those places, as well as the metropolis, were prohibited from being included in a highway district by 25 & 26 Vict. c. 61, s. 7. The interpretation of the word "metropolis," in this Act (see sect. 38) is however, much more extensive than the restriction under that section, and consequently the non-application of Part I. extends to places which were not included in the original prohibition. Highway districts to be made so far as os sible coincident with rural sanitary districts. PART I. AMENDMENT OF HIGHWAY LAW. HIGHWAY DISTRICTS. 3. In forming any highway districts, or in altering the boundaries of any highway districts, the county authority shall have regard to the boundaries of the rural sanitary districts in their county, and shall, so far as may be found practicable, form highway districts so as to be coincident in area with rural sanitary districts, or wholly contained within rural sanitary districts (c). (c) Rural sanitary districts are interpreted by sect. 38 to mean the districts declared to be rural sanitary districts by the Public Health Act, 1875 (38 & 39 Vict. c. 55). And such a district is by sect. 9 of the latter Act defined as "the area of any union" (defined by sect. 4 of that Act), "which is not coincident in area with an urban district, nor wholly included in an urban district, with the exception of those portions (if any) of the area which are included in any urban district." According to the marginal note it seems that the object of this section is to make highway districts, so far as possible, coincident with rural sanitary districts. That intention, however, does not appear to have been carried out, for the body of the section only applies to cases where new highway districts are formed, or the boundaries of old ones altered, but does not make it compulsory on the county authority, or any one else, to alter existing boundaries. In substance it only provides that if new highway districts are formed, or the boundaries of old ones altered, the county authority shall have regard to the boundaries of rural sanitary districts, and so far as practicable, form highway districts coinci dent in area with them, &c. But before any alteration can be Act,'78, s. 3. made there must be a notice from five or more justices, and other proceedings taken under 25 & 26 Vict. c. 61, ss. 5, 39, which leaves the whole matter entirely to the discretion of the justices as to whether they will or will not get the boundaries altered, or leave them as they are. By sect. 38 "county authority" means the justices of a county in general or quarter sessions assembled. rural sani rity of dis dent with 4. Where a highway district, whether formed be- Power for fore or after the passing of this Act, is or becomes tary authocoincident in area with a rural sanitary district, the trict coincirural sanitary authority (d) of such district may highway apply (e) to the county authority, stating that they are become desirous to exercise the powers of a highway board under the Highway Acts within their district (f). On such application the county authority may, if they see fit, by order (g) declare that from and after a day to be named in the order (in this Act called the commencement of the order) such rural sanitary au... thority shall exercise all the powers of a highway board under the Highway Acts (h); and as from the commencement of the order the existing highway board (if any) for the district shall be dissolved (i), and waywardens or surveyors shall not hold office or be elected for any parish in the district. An order made under this section may be amended, altered, or rescinded by a subsequent order of the county authority. Where a highway district, being coincident in area with a rural sanitary district, is situate in more than one county, an order under this section may be made by the county authority of any county in which any part of such district is situate, but such order, and any order amending, altering, or rescinding the same, shall not be of any force or effect until it has been approved (k) by the county authority or authorities of district to highway board. Act '78. s. 4. the other county or counties in which any part of such district is situate. (d) A rural sanitary authority, is interpreted by sect. 38, to mean the authority declared to be a rural sanitary authority by the Public Health Act, 1875 (38 & 39 Vict. c. 55). And such an authority is defined by sect. 9 of the latter Act, as the guardians of any union (defined by sect. 4 of that Act), which is not coincident in area with an urban district, nor wholly included in an urban district, with the exception of those portions (if any) of the area which are included in any urban district. They are, in fact, the same body as the guardians of the union or parish for or within which they act. (Id.) (e) No restriction is placed upon the guardians either as to time or the manner in which they may apply to the county authority. No previous notice of intention to bring the matter before the board of guardians appears to be necessary, and the application, it seems, may be made on the resolution of a simple majority of those who are present when the matter happens to be brought forward by any guardian who may think fit to do so. It does not appear how the application is to be made, whether by motion in open court, by memorial, petition, or how otherwise. (f) The application must state that the highway district in question is coincident in area with the rural sanitary district, and that the rural sanitary authority (or in other words, the board of guardians), are "desirous to exercise the powers of a highway board under the Highway Acts, within their district." It must not state, as the marginal note implies may be done, that the sanitary authority are desirous" to become a highway board," but merely that they are desirous "to exercise the powers" of such a board. The county authority has no power to order that the rural sanitary authority shall become a highway board, but merely that they "shall exercise all the powers, "of such a board. (g) The making of the order is entirely in the discretion of the county authority, and, it is presumed, can only take place in open court. There does not appear to be any power, on the part of ratepayers or others, to oppose the making of the order, though the court would, probably, not refuse to listen to any bona fide objections, if such should be raised, although they would only be available for the purpose of assisting the court in coming to a right conclusion. (h) The Highway Acts are 5 & 6 Will. 4, c. 50, 25 & 26 Vict. c. 61, and 27 & 28 Vict. c. 101, and any Acts passed or to be passed amending the same (27 & 28 Vict. c. 101, s. 1.) (i) The consequences arising from the dissolution are provided for by sect. 5 (infra). (k) Nothing is said about the mode of approval. A similar omission was made in 25 & 26 Vict. c. 61, s. 39, which it was Act '78, s.4. found necessary to cure by 27 & 28 Vict. c. 101, s. 14. quences of tary autho ing highway 5. (1.) From and after the commencement of the Conseorder declaring a rural sanitary authority entitled to rural saniexercise the powers of a highway board within their rity becom district (1), the following consequences shall ensue (m): board. All such property, real or personal, including all interests, easements and rights in to and out of property real and personal and including things in action, as belongs to or is vested in or would but for such order have belonged to or been vested in the highway board, or any surveyor or surveyors of any parish forming part of the district, shall pass to and vest in the rural sanitary authority for all the estate and interest of the highway board, or of such surveyor or surveyors, but subject to all debts and liabilities affecting the same: All debts and liabilities incurred in respect of any property transferred to the rural sanitary authority may be enforced against that authority to the extent of the property transferred : All such powers rights duties liabilities capacities and incapacities (except the power of obtaining payment of their expenses by the issue of precepts in manner provided by the Highway Acts (n), or the power of making, assessing, and levying highway rates) as are vested in or attached to or would but for such order have become vested in or attached to the highway board, or any surveyor or surveyors of any parish forming part of the district, shall vest in and attach to the rural sanitary authority: All property by this Act transferred to the rural sanitary authority shall be held by them on trust |