The General Highways Act, 5 & 6 Will. IV. C. 50, and the Statutes and Cases Relating Thereto

existed on the subject. The present statute confers on the rate-payers the power of appointing their own Surveyors, and, if they please, a more permanent and salaried one; and enables parishes for that purpose, and also to procure a more effectual administration of the Act, to unite into districts* and elect a Board.† As to the repair of the approaches to bridges, the county is now relieved from that burden.‡

The Committee call the attention of Government to the subject of Exemptions, and recommend an inquiry thereon. The present Statute has left this matter where it found it, the 33rd section directing that property legally exempt before its passing shall continue so.

The Poor Law Commissioners, in their Report on Local Taxation before referred to (1843), point out many defective arrangements in the present Act with regard to the accounts, and they thus sum up their observations:-" Generally, it may be observed that the provisions for the account fail in these points-security for the solvency of the accountant--definiteness of the occasions for payment -appropriate machinery for audit-and as regards a Board for Highways, in a fourth essential, namely, remedies for the recovery of the Balance." (p. 67.)

The reader will also find in the Appendix to the Report a very full and accurate and useful Summary of this Act. (p. 170 to 234.)

The careful attention of Justices, and all who have to draw up orders, &c., under the Act, should be directed to the language used by it in each particular instance. By a neglect of this essential caution, many orders have been quashed by the Courts as invalid. Lord Denman expressly said in a case of that de*See sections 13, 14, and 15.

See section 15.
See section 21. That is, in all Bridges built after the Act.

scription," that the words of the Statute ought to be adopted. The Justices should have ordered the party not simply to remove the obstruction to the Highway, but do it in the manner and for the purposes specified by the Statute." (See post, note to 65th Section.)

Since the passing of this Act, several Statutes have been passed with respect to the Highways, which have either been substantially incorporated into the notes, or printed at length in the Appendix. The 2 & 3 Vic., c. 40,* directed many important returns to be made on the then state of the Highways, which were accordingly communicated to Parliament, and published by its authority. (See Parl. Pap., Sess. 1841, vol. 24, p. 371, and vol. 27, p. 79.) The 2 & 3 Vic., c. 45, amends the provision of the 5 & 6 Will. IV., in reference to the obligation of the proprietors of railways to maintain gates across each end of roads crossed by such railwayst. The 4 and 5 Vic., c. 51, was passed to remove doubts that had occurred on the meaning of the words "enclosed ground" in the 53rd section of the 5 & 6 Will. IV. directing the mode in which materials for the repair of the highways shall be taken from such " enclosed ground," and provides that such words shall include all ground in the exclusive occupation of any person for agricultural purposes, although not separated from any adjoining grounds of other persons, or from the highway by any enclosure. And lastly, the 4 & 5 Vic., c. 59, enables justices at special sessions, in certain cases, to supply deficiencies in the funds of Turnpike Trusts out of the Highway Rate. This Act is only for a limited duration; but as it will not expire for some period, it is printed in the Appendix.§

• An abstract given, p. 120. See page 39.

See note to section 71, p. 54. § Page 121.

the country, and becomes the means of lanes and by-roads into public highways.

Besides, under the present Statute, the (who were, formerly, only interested in sitions inflicted by the Highway Acts) intrusted with important privileges, es appointing their own Surveyors (a privile cally speaking, previously in the hands trates), to whom the execution of the Act is and on whose capacity and trustworthines of its efficiency must necessarily depend.

For these reasons, therefore, this Act great importance and interest; and the the present publication is to render its accessible to a large body, on whom it co able powers, viz., the rate-payers of the par the smaller but influential class of surveyo to carry it into effect.*

The Committee above referred to, in the directed the attention of the legislature t it was desirable to remedy; and a brie of them will be the best mode of desc objects of the Act.

1. Too much of the expense of repairing ways was thrown on the land: a burthen w to be general, in fact, being local.

* Mr Bateman (the author of two or three treatise. relating to Highways) has published a valuable editio It is chiefly, however, intended for professional men. valuable to consult, as it contains a great number of tion to those of the schedule to the Act, and also a re provisions of statutes relating to the subject.

Mr. Tidd Pratt (the gentleman who prepared the Act lished an edition of it, but of a similar character to M The reader may also be referred to the treatise pu Society for the Diffusion of Useful Knowledge, vi the Farmer's series, for many valuable practical sug the repair of Highways, written by Mr. Penfold, the S.

and amend the Laws
in that part of Great
d.

UGUST, 1835.]

ient to amend the laws in that part of Great and to consolidate the make other provisions it therefore enacted by Majesty, by and with the Lords Spiritual and in this present Parlia- Repeal of he authority of the same, in part, expassed in the sixth year ge the First, intituled An rriage of excessive loads

coals within ten miles d Westminster, as relates except so far as the same ndon; and also an Act

6 G. 1, c. 6,

cept as to

London;

year of the reign of King 18 G. 2, c. 33,
led An Act to repeal a except as to
d year of the reign of
Mary, relating to carts
ng within the limits of
lity, and to allow such
three horses, and to pre-
the drivers of carts in
its, except so far as the
f London; and also so