HIGHWAY, a public road over which all persons have full right of
way--walking, riding or driving. Such roads in England for the most part
either are of immemorial antiquity or have been created under the
authority of an act of parliament. But a private owner may create a
highway at common law by dedicating the soil to the use of the public
for that purpose; and the using of a road for a number of years, without
interruption, will support the presumption that the soil has been so
dedicated. At common law the parish is required to maintain all highways
within its bounds; but by special custom the obligation may attach to a
particular township or district, and in certain cases the owner of land
is bound by the conditions of his holding to keep a highway in repair.
Breach of the obligation is treated as a criminal offence, and is
prosecuted by indictment. Bridges, on the other hand, and so much of the
highway as is immediately connected with them, are as a general rule a
charge on the county; and by 22 Henry VIII. c. 5 the obligation of the
county is extended to 300 yds. of the highway on either side of the
bridge. A bridge, like a highway, may be a burden on neighbouring land
_ratione tenurae_. Private owners so burdened may sometimes claim a
special toll from passengers, called a "toll traverse."
Extensive changes in the English law of highways have been made by
various highway acts, viz. the Highway Act 1835, and amending acts of
1862, 1864, 1878 and 1891. The leading principle of the Highway Act 1835
is to place the highways under the direction of parish surveyors, and to
provide for the necessary expenses by a rate levied on the occupiers of
land. It is the duty of the surveyor to keep the highways in repair; and
if a highway is out of repair, the surveyor may be summoned before
justices and convicted in a penalty not exceeding L5, and ordered to
complete the repairs within a limited time. The surveyor is likewise
specially 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 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 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. By the Local Government Act 1888 the
entire maintenance of main roads was thrown upon county councils. The
Public-domain text, read in full here on John Shaqi.
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