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HIGHWAY
, a public road over which all persons have full right of way—walking, See also:riding or See also:driving
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Such roads in See also:England for the most See also:part either are of immemorial antiquity or have been created under the authority of an See also:act of See also:parliament
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But a private owner may create a highway at See also:common See also:law by dedicating the See also: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
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At common law the See also:parish is required to maintain all highways within its See also:bounds; but by See also:special See also:custom the See also:obligation may attach to a particular township or See also:district, and in certain cases the owner of See also:land is See also:hound by the conditions of his holding to keep a highway in repair
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See also:Breach of the obligation is treated as a criminal offence, and is prosecuted by See also:indictment
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See also:Bridges, on the other See also:hand, and so much of the highway as is immediately connected with them, are as a See also:general See also:rule a See also:charge on the See also:county; and by 22 See also: The various grounds of exemption from toll on turnpike roads were all of a public See also:character, e.g. horses and carriages attending the See also:sovereign or royal See also:family, or used by soldiers or See also:volunteers in See also:uniform, were See also:free from toll . In general horses and carriages used in agricultural See also:work were free from toll . By the Highways and Locomotives Act of 1878 disturnpiked roads became " See also:main roads." See also:Ordinary highways might be declared to be " main roads," and " main roads " be reduced to the status of ordinary highways . In See also:Scotland the highway See also:system is regulated by the Roads and Bridges Act 1878 and amending acts . The management and See also:maintenance of the highways and bridges is vested in county road trustees, viz. the commissioners of See also:supply, certain elected trustees representing ratepayers in parishes and others . One of the consequences of the act was the abolition of tolls, See also:statute-labour, See also:causeway See also:mail and other exactions for the maintenance of bridges and highways, and all turnpike roads became high-ways, and all highways became open to the public free of tolls and other exactions . The county is divided into districts under district committees, and county and district See also:officers are appointed . The expenses of highway management in each district (or parish), together with a proportion of the general expenses of the act, are levied by the trustees by an See also:assessment on the lands and heritages within the district (or parish) . Highway, in the law of the states of the See also:American See also:Union, generally means a lawful public road, over which all citizens are allowed to pass and repass on See also:foot, on horseback, in carriages and waggons . Sometimes it is held to be restricted to county roads as opposed to See also:town-ways . In statutes dealing with offences connected with the highway, such as gaining, See also:negligence of See also:carriers, &c., " highway " includes navigable See also:rivers . But in a statute punishing with See also:death See also:robbery on the highway, See also:railways were held not to be included in the See also:term . In one See also:case it has been held that any way is a highway which has been used as such for fifty years . See Glen, Law See also:Relating to Highways; See also:Pratt, Law of Highways, Main Roads and Bridges . |
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