Highway Act 1835
Encyclopedia
Highway Act 1835 is an Act
(citation 5 & 6 Will. IV c. 50) of the Parliament of the United Kingdom
.
The Highway Act 1835 places highway
s under the direction of parish surveyors, and allows them to pay for the costs involved by rates
levied on the occupiers of land. The surveyor's duty is to keep the highways in repair, and if a highway is out of repair, the surveyor may be summoned before the courts and ordered to complete the repairs within a limited time. The surveyor is also charged with the removal of nuisances on the highway. A highway nuisance may be abated by any person, and may be made the subject of indictment at common law
.
The Highway Act 1835 specified as offences for which the driver of a carriage on the public highway might be punished by a fine, in addition to any civil action that might be brought against him:
The board consists of representatives of the various parishes, called "way wardens" together with the justices for the county residing within the district. Salaries and similar expenses incurred by the board are charged on a district fund to which the several parishes contribute; but each parish remains separately responsible for the expenses of maintaining its own highways.
The amending acts, while not interfering with the operation of the principal act, authorize the creation of highway districts on a larger scale. The justices of a county may convert it or any portion of it into a highway district to be governed by a highway board, the powers and responsibilities of which will be the same as those of the parish surveyor under the former act.
The Department for Transport
cited this act in 2006 when it ruled that Segway
s could not be legally used on pavements
in the United Kingdom
.
vested the powers and duties of surveyors of highways and vestries in urban authorities,
The Local Government Act 1888
the entire maintenance of main roads was thrown upon county council
s.
The Local Government Act 1894
transferred to the district councils of every rural district all the powers of rural sanitary authorities and highway authorities
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
(citation 5 & 6 Will. IV c. 50) of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
The Highway Act 1835 places highway
Highway
A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...
s under the direction of parish surveyors, and allows them to pay for the costs involved by rates
Rates
Rates is a Portuguese parish and town located in the municipality of Póvoa de Varzim. In the census of 2001, it had a population of 2,539 inhabitants and a total area of 13.88 square kilometres.-History:...
levied on the occupiers of land. The surveyor's duty is to keep the highways in repair, and if a highway is out of repair, the surveyor may be summoned before the courts and ordered to complete the repairs within a limited time. The surveyor is also charged with the removal of nuisances on the highway. A highway nuisance may be abated by any person, and may be made the subject of indictment at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
.
The Highway Act 1835 specified as offences for which the driver of a carriage on the public highway might be punished by a fine, in addition to any civil action that might be brought against him:
- Riding upon the cart, or upon any horse drawing it, and not having some other person to guide it, unless there be some person driving it.Parliament (1835) para 78 "That if the Driver of any Drivers of Waggon, Cart, or other Carriage of any Kind shall ride upon any such Carriage, or upon any Horse or Horses drawing the same, on any Highway, not having some other Person on Foot or on Horseback unless some to guide the same (such Carriages and Carts as are driven with Reins, other Person and are conducted by some Person holding the Reins of all the Horses guide them. drawing the same, excepted)"
- Negligence causing damage to person or goods being conveyed on the highway
- Quitting his cart, or leaving control of the horses, or leaving the cart so as to be an obstruction on the highway.
- Not having the owner's name painted up.
- Refusing to give the same.
- Riding on the footwaySidewalkA sidewalk, or pavement, footpath, footway, and sometimes platform, is a path along the side of a road. A sidewalk may accommodate moderate changes in grade and is normally separated from the vehicular section by a curb...
.Parliament (1835) para.72 "If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon." - Not keeping on the left or near side of the road, when meeting any other carriage or horse. This rule does not apply in the case of a carriage meeting a foot-passenger, but a driver is bound to use due care to avoid driving against any person crossing the highway on foot. At the same time a passenger crossing the highway is also bound to use due care in avoiding vehicles, and the mere fact of a driver being on the wrong side of the road would not be evidence of negligence in such a case.
- The playing of footballFootballFootball may refer to one of a number of team sports which all involve, to varying degrees, kicking a ball with the foot to score a goal. The most popular of these sports worldwide is association football, more commonly known as just "football" or "soccer"...
on public highways, with a maximum penalty of forty shillings.Parliament (1835) para 72
The board consists of representatives of the various parishes, called "way wardens" together with the justices for the county residing within the district. Salaries and similar expenses incurred by the board are charged on a district fund to which the several parishes contribute; but each parish remains separately responsible for the expenses of maintaining its own highways.
The amending acts, while not interfering with the operation of the principal act, authorize the creation of highway districts on a larger scale. The justices of a county may convert it or any portion of it into a highway district to be governed by a highway board, the powers and responsibilities of which will be the same as those of the parish surveyor under the former act.
The Department for Transport
Department for Transport
In the United Kingdom, the Department for Transport is the government department responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland which are not devolved...
cited this act in 2006 when it ruled that Segway
Segway PT
The Segway PT is a two-wheeled, self-balancing transportation machine invented by Dean Kamen. It is produced by Segway Inc. of New Hampshire, USA. The name "Segway" is a homophone of "segue" while "PT" denotes personal transporter....
s could not be legally used on pavements
Sidewalk
A sidewalk, or pavement, footpath, footway, and sometimes platform, is a path along the side of a road. A sidewalk may accommodate moderate changes in grade and is normally separated from the vehicular section by a curb...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Related and subsequent acts
The Public Health Act 1875Public Health Act 1875
The Public Health Act 1875 was established in the United Kingdom to combat filthy urban living conditions, which caused various public health threats, including the spread of many diseases such as cholera and typhus. Reformers wanted to resolve sanitary problems, because sewage was flowing down the...
vested the powers and duties of surveyors of highways and vestries in urban authorities,
The Local Government Act 1888
Local Government Act 1888
The Local Government Act 1888 was an Act of the Parliament of the United Kingdom, which established county councils and county borough councils in England and Wales...
the entire maintenance of main roads was thrown upon county council
County council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...
s.
The Local Government Act 1894
Local Government Act 1894
The Local Government Act 1894 was an Act of the Parliament of the United Kingdom that reformed local government in England and Wales outside the County of London. The Act followed the reforms carried out at county level under the Local Government Act 1888...
transferred to the district councils of every rural district all the powers of rural sanitary authorities and highway authorities
Highway Authority
A highway authority is a name given to a body responsible for the administration of public roads.-India:The National Highways Authority of India is the national authority for the management of a network of over 60,000 km of National Highways in India...
.