In an urban district the urban council have always had all the powers
and duties of a surveyor of highways under the Highway Acts. But
before 1894 a rural district council had no power or duty in respect
of highways except in a few cases where, by virtue of a provision in
the Highway Act 1878, the rural sanitary authority of a district
coincident in area with a highway district were empowered to exercise
all the powers of a a highway board. Except in these cases the highway
authority in a parish was the surveyor of highways, elected annually
by the inhabitants in vestry, or in a highway district consisting of a
number of parishes united by order of quarter sessions, the highway
board composed of waywardens representing the several parishes. By the
Local Government Act 1894, there were transferred to the district
council of every rural district all the powers, duties and liabilities
of every highway authority, surveyor or highway board within their
district, and the former highway authorities ceased to exist. The
highway authority in every district, rural as well as urban, is
therefore the district council. Of the chief duties of a district
council with regard to highways, the first and most obvious is the
duty to repair. This duty was formerly enforceable by indictment of
the inhabitants of the parish, but it is not quite clear whether this
procedure is applicable, now that the liability to repair is
transferred to a council representing a wider area. Under the Highway
Acts it is enforceable by summary proceedings before justices and by
orders of the county council, but in either case, if the liability to
repair is disputed, that question has to be decided on indictment
preferred against the highway authority alleged to be in default. In a
rural district any parish council may complain to the county council
that the district council have made default in keeping any highway in
repair, and the county council may thereupon transfer to themselves
and execute the powers of the district council at the cost of the
latter body, or they may make an order requiring the district council
to perform their duty, or they may appoint some person to do so at the
cost of the district council. It is important to observe, however,
that an action does not lie against a district council in respect of
the failure to repair a highway even at the suit of a person who has
thereby been injured. The reason assigned for this doctrine is that
the council as highway surveyor stand in the same position as the
inhabitants of the parish, against whom such an action would not lie.
The district council are, however, liable for any injury caused
through negligence on the part of their officers or servants in
carrying out the work of repair.
Streets.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account