Act'64, s. 1. The Acts hereinafter mentioned may be cited for all Short titles purposes by the short titles following; that is to say:of Highway

The Act 5 & 6 Will. 4, c. 50, “ An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England” by the short title of the “Highway Act, 1835.”

The Act 25 & 26 Vict. c. 61, by the short title of the “ Highway Act, 1862.”

The Act 27 & 28 Vict. c. 101, by the short title of

the “ Highway Act, 1864." Highway All the above-mentioned Acts, and any Acts passed,

or to be passed amending the same, are included under the short title of “The Highway Acts."

The Act 27 & 28 Vict. c. 101, so far as is consistent Highway

with the tenor thereof, is to be construed as one with construed as the “Highway Act, 1862.”

The Act 41 & 42 Vict. c. 77, may be cited as Short title of Highways and Locomotives (Amendment) Act, 1878.” Act, 1878.


Id. s. 2.

Acts, 1862, 1864, to be

one Act.

6. The

Act '78, s. 1.

The Acts do not apply to Scotland or Ireland.

Act '62, s.l.
Act '78, s.2.

Act '78, .2. Exception of Isle of Wight, &c.

APPLICATION OF 41 & 42 VICT. c. 77. Save as is therein expressly provided, Part 1 of the 41 & 42 Vict. c. 77, does not apply to the Isle of Wight; nor to any part of the metropolis; nor to any part of a county to

which the 23 & 24 Vict. c. 68, “An Act for the better management and control of the highways in South Wales,” extends.

Act '62, s. 2. County.

DEFINITIONS. The word “County" in the Highway Act, 1862, does not include a "county of a city” or a “county of a town,” but where a county, as hereinbefore defined,


is divided into ridings or other divisions having a Act '02, . 2. separate court of quarter sessions of the peace, it means 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 is considered a county, and except boroughs as hereinafter defined are considered as forming part of that county by which they are surrounded, or if partly surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary. County,” includes any division of a county that has Act’64,9.3.

County. a separate County Treasurer. The word “ Borough” eans a borough as defined Act ’82, s. 2.

Borough. by 5 & 6 Will. 4, c. 76, “ for the regulation of municipal corporations in England and Wales,” or any place to which the provisions of the said Act have been or shall hereafter have been extended.

The word “Parish " includes any place maintaining Parish. its own bighways.

The expressions “highway district" and "highway Highway board ” refer only to highway districts formed and Highway highway boards constituted in pursuance of this Act.

“ Poor Law Parish” means a place that separately Act64. . 3. maintains its own Poor.

“Highway Parish ” means a place that after the con- Highway stitution of a highway district separately maintains its own highways, and is entitled to return a waywarden or waywardens to the highway board of the district.

Highway Rate” includes any rate, whether poor Highway rate or not, out of the produce of which moneys are payable in satisfaction of precepts of a highway board.

The expression “The Summary Jurisdiction Acts” Act '78, s. 36. means the Act of 11 & 12 Vict. c. 43, “ An Act to mary jurisfacilitate the performance of the duties of justices of

[ocr errors]

Id. s. 3.


Poor Law


[ocr errors]


The sum

diction Acts.

Court of summary

Act "78, s.86. the peace out of sessions within England and Wales

with respect to summary convictions and orders," inclusive of any Acts amending the same.

The expression “Court of Summary Jurisdiction" jurisdiction,

means and includes any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts: provided that the court, when hearing and determining an information or complaint under the Highways and Locomotives (Amendment) Act, 1878, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorized to be done by more than one justice of the peace.

The expression “Provisional and Final Order," as used in the Highway Act, 1864, means a provisional and final order passed and published in manner provided by that Act and the Highway Act, 1862, with the necessary variations as to notices and otherwise.

Act 64, s. 18. Provisional and final orders.


In this Act Act,'78, s. 38. “ County” has the same meaning as it has in the County

Highway Acts, 1862 and 1864, except that every liberty not being assessable to the county rate of the county or counties within which it is locally situate shall, for the purposes of this Act other than relating to the formation and alteration of highway districts, and the transfer of the powers of a highway board, be deemed to be a separate county.


[ocr errors]

County authority" means the justices of a county Act"78, s. 38. in general or quarter sessions assembled.


authority. “ Borough” means any place for the time being sub

Borough. ject to 5 & 6 Will. 4, c. 76, “ An Act to provide for the regulation of Municipal Corporations in England and Wales," and the Acts amending the same

“ Highway district” means a district constituted in Highway pursuance of the Highway Act, 1862, and the Highway Act, 1864, or one of such Acts.

Highway board” means the highway board having Highway jurisdiction within a highway district. “ Highway parish” means a parish or place included Highway

parish. or capable of being included in a highway district in pursuance of the Highway Acts, 1862 and 1864, or one of such Acts. Highway authority” means as respects an urban Highway

authority. sanitary district the urban sanitary authority, and as respects a highway district the highway board, and as respects a highway parish the surveyor or surveyors or other officers performing similar duties.

“Rural sanitary district” and “rural sanitary Rural saniauthority” mean respectively the districts and authori- Rural sanities declared to be rural sanitary districts and authorities rity. by the Public Health Act, 1875.

“Urban sanitary district” and “urban sanitary Urban sadiauthority” mean respectively the districts and authorities Urban sanideclared to be urban sanitary districts and authorities by the Public Health Act, 1875, except that for the purposes of this Act, no borough having a separate court of quarter sessions, and no part of any such borough shall be deemed to be included in any such district, and where part of a parish is included in such district for the purpose only of the repairs of the highways only, only such part shall be deemed to be included in the district for the purposes of this Act.

tary district,

tary autho

tary district.

tary authority.

Act '78, s. 8.


sional division.

“The Metropolis” means the parishes and places Metropolis. mentioned in the Schedules A., B., and C., annexed to

the Metropolis Management Act, 1855, and any parish to which such Act may be extended by Order in Council in manner in the said Act provided; also the

city of London and the liberties of the said city. Quarter “Quarter sessions” includes general sessions. Petty ses- " Petty sessional division

means any division for the holding a special sessions formed, or to be formed under the provisions of 9 Geo. 4, c. 43, or any Act amending the same; also any division of a county, or of a riding, division, parts, or liberty of a county, having a separate commission of the peace, in and for which petty sessions or special sessions are usually held, whether in one or more place or places, in accordance with any custom, or otherwise than under the said lastmentioned Act; but does not include any city, borough, town corporate, or district constituted a petty sessional division by 12 & 13 Vict. c. 18, “ An Act for the holding of petty sessions of the peace in boroughs, and for providing places for the holding of such petty session in counties and boroughs."

“ Person” includes a body of persons corporate or unincorporate.




Act '62, s. 32. Extraparochial places.

Where in pursuance of 20 Vict. c. 19, “ An Act for the Relief of the Poor in extra-parochial places," any place is declared to be a parish, or where overseers. of the poor are appointed for any place, such

« ElőzőTovább »