5 & 6 WM. IV. CAP. 50. An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England. [PASSED 31ST August, 1835.] Repeal of in part, ex cept as to 6 G. 1, c. 6, London; WHEREAS it is expedient to amend the laws relating to highways in that part of Great Britain called England, and to consolidate the same in one Act, and to make other provisions respecting highways: Be it therefore enacted by the King'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, That so much of an Act passed in the sixth year of the reign of King George the First, intituled An Act for preventing the carriage of excessive loads of meal, malt, bricks, and coals within ten miles of the cities of London and Westminster, as relates to the carriage of bricks, except so far as the same relates to the city of London; and also an Act passed in the eighteenth year of the reign of King 18 G. 2, c. 33, George the Second, intituled An Act to repeal a except as to London; clause made in the third year of the reign of King William and Queen Mary, relating to carts used by persons inhabiting within the limits of the weekly bills of mortality, and to allow such carts to be drawn with three horses, and to prevent the misbehaviour of the drivers of carts in streets within the said limits, except so far as the same relates to the city of London; and also so in part, except as to London; except as to London; 24 G. 2, c. 43, much of an Act passed in the twenty-fourth year of the reign of King George the Second, intituled An Act for the more effectual preservation of the turnpike roads in that part of Great Britain called England, and for the disposition of penalties given by Acts of Parliament relating to the highways in that part of Great Britain called England, and for enforcing the recovery thereof; and for the more effectual preventing the mischiefs occasioned by the drivers riding upon carts, drays, cars, and waggons in the city of London, and within ten miles thereof, as relates to the preventing mischief occasioned by the drivers riding upon carts, drays, cars, and waggons in the city of London, or within ten miles thereof, except so far as the same relates to the city of London; and 30 G. 2, c. 22, also an Act passed in the thirtieth year of the reign of King George the Second, intituled An Act to explain and amend an Act made in the eighteenth year of his present Majesty's reign, to prevent the misbehaviour of the drivers of carts in the streets in London, Westminster, and the limits of the weekly bills of mortality, and for other purposes in this Act mentioned, except so far as the same relates to the city of London; and 13 G. 3, c. 78. also an Act passed in the thirteenth year of the reign of King George the Third, intituled An Act to explain, amend, and reduce into one Act of Parliament the statutes now in being for the amendment and preservation of the public highways within that part of Great Britain called England, and for other purposes; (a) and also 34 G. 3, c. 64. an Act passed in the thirty-fourth year of the reign of King George the Third, intituled An Act for the more effectually repairing of such parts (a) Before the passing of this Act, commonly called the General Highway Act-a title which must now be appropriated by the 5 & 6 Wm. IV. c. 50. 42 G. 3, c. 90. of the highways of this kingdom as are to be repaired by two parishes; and also an Act passed in the same thirty-fourth year of the reign of 34 G. 3, c. 74. George the Third, intituled An Act for varying some of the provisions in an Act of the thirteenth year of his present Majesty's reign respecting the public highways within that part of Great Britain called England, which relate to the performance of statute duty; and also so much of an Act passed in the forty-second year of the reign of King Part of George the Third, intituled An Act for amending the laws relating to the Militia in England, and for augmenting the Militia, as relates to the exemption of any serjeant, corporal, drummer, or private of the militia from performing highway duty, commonly called statute duty; and also an Act passed in the forty-fourth year of the reign of 44 G. 3, c. 52. King George the Third, intituled An Act to alter and amend so much of an Act passed in the thirty-fourth year of his present Majesty as relates to the amount of the sums to be paid by persons compounding for the performance of statute duty; and also an Act passed in the fifty- 54 G. 3, fourth year of the reign of King George the Third, intituled An Act to amend an Act of the thirteenth year of his present Majesty, to explain, amend, and reduce into one Act the statutes now in force for the amendment and preservation of the public highways within England, and for other purposes; and also an Act passed in the fifty-fifth and year of the reign of King George the Third, intituled An Act to amend an Act of the thirteenth year of his present Majesty, for the amendment and preservation of the public highways, in so far as the same relates to notice of appeal against turning or diverting a public highway, and to extend the provisions of the same Act to the stop c. 109. 55 G. 3, c. 68. Not to revive As to the Penalties incurred for offences against Acts repealed. ping up of unnecessary roads; shall be and the same are hereby repealed. 2. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to extend so as to revive or give any force or effect to any Act repealed by the said recited Acts, or any of them, but such Acts shall be and continue repealed in such and the like manner as if this Act had not been made. 3. Provided always, and be it further enacted, Recovery of That nothing herein contained shall extend or be deemed or construed to interfere with any Acts done or contracts or agreements heretofore made under the authority of any of the said recited Acts, or to extend to prevent the suing for or recovery of any penalty incurred by any offence committed against the provisions of the said recited Acts or any of them previous to the repeal of the said Acts in and by this Act, or to prevent or defeat any prosecution commenced or to be brought for such offence, but all penalties and forfeitures incurred may be sued for and recovered, and all contracts and agreements may be enforced, and all encroachments, nuisances, and other offences made or committed previous to the repeal of the said Acts, against the provisions of the said Acts or any of them, may be abated or prosecuted by the surveyor appointed under this Act, in the same manner to all intents and purposes as if this Act had not been passed. Present sur - 4. Provided always, and be it further enacted, That the surveyor appointed under the authority of any of the said recited Acts shall continue to act, and shall have the same powers, authorities, and be subject to the discharge of the same duty, and be liable to the same penalties as the surveyor to be appointed under the authority of this Act, until such appointment shall have been made. veyor to continue until a sur veyor is ap pointed. tion clause. 5. And be it further enacted, That in the con- Interpretastruction of this Act the word "surveyor" shall be understood to mean surveyor of the highways, or waywarden; the word parish" shall be construed to include parish, township, tithing, rape, vill, wapentake, division, city, borough, liberty, market town, franchise, hamlet, precinct, chapelry, or any other place or district maintaining its own highways; and wherever anything in this Act is prescribed to be done by the inhabitants of any parish in vestry assembled, the same shall be construed to extend to any meeting of inhabitants contributing to the highway rates in places where there shall be no vestry meeting, provided the same notice shall have been given of the said meeting as would be required by law for the assembling of a meeting in vestry; and that the word ways (a) shall be understood to mean all roads, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements; and that the word " justices "shall be understood to mean justices of the peace for the county, riding, division, shire, city, town, borough, liberty, or place high (a) The Act here defines the meaning to be attached under it to the word Highways. It recognizes in its provisions a distinction between such ways as are to be repaired by the parish and by individuals, placing the former class under the general management it creates, and enabling the latter to be converted into parish highways, and securing their repair in the intermediate period. (Post, ss. 62 & 93.) By the 113th sec., turnpike roads, and all ways regulated by private and local Acts, are exempted from the operation of the General Highway Act, unless, of course, where expressly mentioned. Since the passing of this Act an important provision has been made by the 4 & 5 Vic. c. 59 (printed with this Act, see Appendix), enabling justices at special sessions to supply the deficiencies of Turnpike Trust Funds out of the Highway Rates. |