HIGHWAY , a public road over which all persons have full right of way—walking,
See also:riding or
See also:driving . Such roads in 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 parliament . But a private owner may create a highway at
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 . At common law the
See also:parish is required to maintain all highways within its
See also:bounds; but by
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 .
See also:Breach of the obligation is treated as a criminal offence, and is prosecuted by
See also:indictment . Bridges, on the other
See also:hand, and so much of the highway as is immediately connected with them, are as a general
See also:rule a
See also:charge on the
See also:county; and by 22
See also:Henry VIII. c . 5 the obligation of the county is extended to 30o yds. of the highway on either side of the
See also:bridge . A bridge. like a highway, may be a
See also:burden on neighbouring land ratione teiu
See also:rae . Private owners so burdened may sometimes claim a special
See also:toll from passengers, called a " toll
See also:traverse." Extensive changes in the
See also:English law of highways have been to highway may be caused by encroachment, by interfering with the soil of the highway, by attracting crowds, by creating danger or inconvenience on or near the highway, by placing obstacles on the highway, by unreasonable user, by offences against decency and
See also:order, &c . The use of locomotives, motor cars and other vehicles on high-ways is regulated by acts of 1861-1903 . Formerly under the
See also:Turnpike Acts many of the more important highways were placed under the management of boards of commissioners or trustees . The trustees were required and empowered to maintain, repair and improve the roads committed to their charge, and the expenses of the
See also:trust were met by tolls levied on persons using the road .
The various grounds of exemption from toll on turnpike roads were all of a publiccharacter, 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." Ordinary highways might be declared to be " main roads," and " main roads " be reduced to the status of ordinary highways . In 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 supply, certain elected trustees representing ratepayers in parishes and others . One of the consequences of the act was the abolition of tolls,
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 assessment on the lands and heritages within the district (or parish) . Highway, in the law of the states of the
See also:American 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, negligence of
See also:carriers, &c., " highway " includes navigable
See also:rivers . But in a statute punishing with
See also:death robbery on the highway,
See also:railways were held not to be included in the
See also:term .
In onecase 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 .
GEORGE HIGINBOTHAM (1827-1893)
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