Highland Roads and Bridges Act 1862
| Jurisdiction | UK Non-devolved |
| Citation | 1862 c. 105 |
| Year | 1862 |
(25 & 26 Vict.) C A P. CV.
[7th August 1862]
'WHEREAS by the Act Forty-third the Third, Chapter Eighty, the Sum of Twenty thousand Pounds was directed to be issued from His Majesty's Exchequer inGreat Britain , to be paid and applied by the Commissioners thereby appointed in the making and erecting Roads and Bridges in the Highlands of Scotland : And whereas by the Act Fifty-ninth the Third, Chapter One hundred and thirty-five, further Commissioners were appointed, and on a Recital that certain Roads and Bridges had been made in the Highlands ofScotland , and that various Grants of Monies had been made for that Purpose, Provision was made for the Appropriation of the Monies granted in manner therein mentioned, and for the Payment out of the Public Money of a Sum of Five thousand Pounds annually towards the Purposes of the said Act: And whereas by the Act Fourth the Fourth, Chapter Fifty-six, Provision was made for eventually increasing the Assessments leviable under the recited Acts, or for erecting Toll Bars for the Collection of Rates and Duties or Tolls in aid or in lieu of such Assessments, and for the Purpose of maintaining in repair the several Piers and Quays erected by the said Commissioners under the Authority of the recited Acts, or One of them, Power was given to the said Commissioners to levy certain Tolls or Dues on Vessels or Boats using, and on Goods embarked from or landed at such Piers and Quays: And whereas by the Act Fifth the Fourth, Chapter Thirty-eight, further Provision was made for the Execution of the recited Acts, and specific Allotments out of the said annual Grants of Five thousand Pounds were made to the Counties therein mentioned in aid of the Expense of repairing the Roads and Bridges within the same: And whereas by the Act Third and Fourth the Fourth, Chapter Thirty-three, certain Powers were given to the said Commissioners to remove Doubts that had arisen in the Interpretation of the Two last-recited Acts in Cases where Tolls had been imposed upon Roads, for the Maintenance of which such Tolls had afterwards proved inadequate, and on a Recital that it had in some Cases appeared inexpedient to the said Commissioners to enforce the Provisions of the third-recited Act made for the Purpose of maintaining in repair the Piers and Quays erected by the said Commissioners, by levying Tolls or Dues thereon, the said Commissioners were empowered, in case they should deem it expedient, with the Consent of the Heritors and Commissioners of Supply of the County within which such Piers or Quays should be situate, to assume the Care of maintaining in repair, altering or improving the same, and such Piers and Quays were thenceforth to be maintained in repair by them in the same Manner and with and under the same Powers and Limitations as the Roads and Bridges whereon no Tolls were levied: And whereas under the Provisions of the recited Acts Roads and Bridges have been made, and Harbours, Ferry Piers, and Shipping Quays have been constructed, in several of the Northern Counties ofScotland : And whereas by the Act Fourteenth and Fifteenth , Chapter Sixty-six, on a Recital that the Stone Bridge over the RiverNess at the Royal Burgh of Inverness had been destroyed by a Flood, and that there were no adequate available Means of defraying the Expenses of rebuilding the same, the said Commissioners were empowered to make a new Bridge over the River Ness , and Provision was made for the Appropriation of a Sum of Public Money, and also for an Advance of Ten thousand seven hundred Pounds out of the Consolidated Fund by way of Loan, and for the Repayment of the said Sum of Ten thousand seven hundred Pounds, with Interest, by means of certain Payments out of the Sums allotted by the fourth-recited Act, out of the annual Grant of Five thousand Pounds: And whereas by the Act Eighteenth and Nineteenth , Chapter One hundred and thirteen, the Provisions of the last-recited Act were extended, and on a Recital that the Expense of erecting the said Bridge had exceeded the estimated Amount thereof, Provision was made for an Advance of a further Sum of Three thousand Pounds out of the Consolidated Fund by way of Loan, to be repaid, with Interest, in the same Manner as is provided by the last-recited Act with reference to the said Sum of Ten thousand seven hundred Pounds: And whereas such Payments have hitherto been regularly made, pursuant to the Provisions of the Two last-recited Acts: And whereas by the Act Seventeenth and Eighteenth , Chapter Ninety-four, the annual Grant to the Commissioners charged by the second-recited Act upon the Public Revenues was directed to be thereafter paid out of such Aids or Supplies as might be from Time to Time provided by Parliament for the Purpose: And whereas the Payment of the said annual Sum of Five thousand Pounds has been discontinued by Parliament, and it is expedient that the Commission constituted by the first and second recited Acts should be dissolved, and that Provision should be made for winding up the Affairs thereof, and for the Maintenance of the Roads and Bridges, Harbours, Piers, and Quays made and erected under the Provisions of the recited Acts: And whereas by the Act Sixth and Seventh , Chapter Ninety-seven, the County ofArgyll was for Road Purposes divided into Districts, which were placed under the Superintendence of District Road Trustees, and certain Provisions were made for the Purpose of maintaining the Roads under the Management of the said Commissioners: And whereas by the Act Twenty-third and Twenty-fourth , Chapter Two hundred and one, all the Roads in the County ofCaithness , with the Exception of the Roads within the Boundaries of the Towns of Wick and Thurso , and of the Roads under the Management of the said Commissioners, were vested in Trustees for the whole County:' Be it enacted by the Queen'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, as follows:
1 Short Title.
1. This Act may be cited for all Purposes as ‘TheHighland Roads and Bridges Act, 1862.’
2 Interpretation of Terms.
2. The following Expressions in this Act shall have the Meanings hereby assigned to them; that is to say, the Expression ‘the Commissioners’ shall mean the Commissioners of Highland Roads and Bridges; and the Expression ‘the Roads’ shall mean the Roads and Bridges at present under the Management of the Commissioners.
3 Dissolution of the Commission.
3. From and after the Thirty-first Day ofDecember One thousand eight hundred and sixty-two the Powers of the Commissioners shall, so far as regards the Control and Management of the Roads, and the Appointment and Payment of Officers, cease and determine, but all other Powers now vested in the Commissioners shall, for the Purpose of winding up their Affiairs, remain and be exerciseable until the Commissioners shall, in compliance with the Provision contained in the second-recited Act, present their next Report to Parliament, and upon the Presentation of such Report the Commission constituted by the first and second recited Acts shall be absolutely dissolved.
4 Transfer of Roads and other Property to Commissioners of Supply.
4. From and after the said Thirty-first Day ofDecember One thousand eight hundred and sixty-two, the Roads which in any County are at present under the Management of the Commissioners, together with the Bridges, Lands, Toll Houses, Buildings, Works, Rights, Interests, Arrears of Assessments, Monies, Property, and Effects, Rights of Action, Claims, and Demands whatsoever pertaining thereto respectively, shall, except in the Case of the Counties of Argyll and Caithness , be and are hereby transferred and vested in the Commissioners of Supply of such County, and in the Case of the said County of Argyll shall be and are hereby transferred to and vested in the Road Trustees of the respective Districts of such County within which the Roads are respectively situate, and in the Case of the said County of Caithness shall be and are hereby transferred to and vested in the Road Trustees of such County; and such Commissioners of Supply or Road Trustees (as the Case may be) may act in respect thereof as effectually as the Commissioners might have done if this Act had not been passed.
5 Roads to be maintained by Commissioners of Supply.
5. From and after such Transfer as aforesaid, the Management of the Roads shall be vested in the Commissioners of Supply, or in the Road Trustees (as the Case may be) of the Counties within which such Roads are respectively situate; and the Commissioners of Supply or Road Trustees respectively shall thereafter maintain in proper and efficient Repair the Roads so transferred to them, and shall respectively have and exercise with reference thereto as well all the Rights, Powers, and Privileges possessed and enjoyed by them in connexion with the Roads at present under their Jurisdiction and Control within their respective Counties or Districts, as all the Rights, Powers, and Privileges which would have been competent to and might have been exercised by the Commissioners previous to such Transfer: Provided always, that it shall not be lawful to demand and take more than One Pennyper Mile for every Horse drawing any Mail Carriage.
6 Sheriff may make Orders for Repair of Roads.
6. After such Transfers as aforesaid it...
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