Highway Act 1835
| Jurisdiction | UK Non-devolved |
| Citation | 1835 c. 50 |
| Year | 1835 |
(5 & 6 Will. 4) C A P. L.
[31st August 1833]
'WHEREAS it is expedient to amend the Laws relating to Highways in that Part ofGreat 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 Actpassed in the Sixth Year of the Reign of KingGeorge 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 George the Second, intituled Williamand 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 much of an Act passed in the Twenty-fourth Year of the Reign of King George the Second, intituled Great Britaincalled 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, Carrs, 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, Carrs, 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 also an Act passed in the Thirtieth Year of the Reign of King George the Second, intituled 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 also an Act passed in the Thirteenth Year of the Reign of King George the Third, intituled Great Britaincalled England, and for other Purposes ; and also an Act passed in the Thirty-fourth Year of the Reign of King George the Third, intituled ; and also an Act passed in the same Thirty-fourth Year of the Reign ofGeorge the Third, intituled Great Britaincalled 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 George the Third, intituled 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 King George the Third, intituled ; and also an Act passed in the Fifty-fourth Year of the Reign of KingGeorge the Third, intituled England,and for other Purposes ; and also an Act passed in the Fifty-fifth Year of the Reign of King George the Third, intituled ; shall be and the same are hereby repealed.
II Not to revive repealed Acts.
II. 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.
III As to the Recovery of Penalties incurred for Offences against Acts repealed.
III. Provided always, and be it further enacted, 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.
IV Present Surveyor to continue, &c.
IV. 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.
V Interpretation Clause.
V. And be it further enacted, That in the Construction 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 any thing 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 ‘Highways’ 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 in which the Highway may be situate or in which the Offence may be committed; and that the Word ‘Church’ shall be understood to include Chapel; and that the Word ‘Division’ shall be understood to include Limit; and that the Word ‘Owner’ shall be understood to include Occupier; and ‘Inhabitant’ to include any Person rated to the Highway Rate; and the Words ‘Petty Session’ or ‘Petty Sessions’ to mean the Petty Session or Petty Sessions held for the Division or Place; and wherever in this Act, in describing or referring to any Person or Party, Animal, Matter, or Thing, the Word importing the Singular Number or the Masculine Gender only is used, the same shall be understood to include and shall be applied to several Persons or Parties as well as One Person or Party, and Females as well as Males, and several Animals, Matters, or Things as well as One Animal, Matter, or Thing, respectively, unless there be something in the Subject or Context repugnant to such Construction; and all the Powers hereby given to, and Notices, Matters, and Things required for, and Duties, Liabilities, and Forfeitures imposed on, Surveyors, shall be applicable to all Persons, Bodies Politic or Corporate, liable to the Repair of any Highway.
VI Surveyor to be elected annually.
VI. And be it further enacted, That the Inhabitants of every Parish maintaining its own Highways, at their First Meeting in Vestry for the Nomination of Overseers of the Poor in every Year, shall proceed to the Election of One or more Persons to serve the Office of Surveyor in the said Parish for the Year then next ensuing: Providedalways, that any outgoing Surveyor shall continue to act until his Successor shall be appointed, and shall be re-eligible, and may be re-elected, and shall in such Case continue to act and remain in Office, any thing herein contained to the contrary notwithstanding; and in such Case Notice of such Election shall be given by the Chairman to the Person elected and to the outgoing Surveyor: Provided always, that in any Parish where there is no Meeting in the Year for the Nomination of Overseers of the Poor, the Inhabitants contributing to the Highway Rate shall meet at their usual Place of public Meeting upon the Twenty-fifth Day ofMarch , or if that should happen to be a Sunday or Good Friday , then on the Day next following, or within Fourteen Days next after the said Twenty-fifth Day of March in every Year, to elect One or more Persons to serve the Office of Surveyor for the said Parish; which Surveyor shall repair and keep in repair the several Highways in the said Parish for which he is appointed, and which are now or hereafter may become liable to be repaired by the said Parish.
VII Qualification of Surveyor.
VII. And be it further enacted, That any Person living within the Parish or any adjoining Parish, and having an Estate in Houses, Lands, Tenements, or Hereditaments lying within such Parish, in his own Right or in Right of his Wife, of the Value of Ten Pounds by the Year, or a...
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