Highway - Law Dictionary Search Results
Home Dictionary Name: highwayHighways
Highways, all portions of land, and passage which every subject of the kingdom has a right to use. See Pratt on Highways; also defined by the Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 5, 'All roads, bridges (not being county bridges), carriage ways, cartways, horseways, bridleways, footways, cause-ways churchways and pavements. They exist either by prescription, by authority of Acts of Parliament, or by dedication to the use of the public; and see the Rights of Way Act, 1932 (22 & 23 Geo. 5, c. 45). The right of the public, when once acquired, is permanent and inalienable except by the authority of Parliament-'once a highway, always a highway.' It cannot be lost by abandonment or non-user, and the public retain the right, though they may never have occasion to use it. But the right is only a right of passing and repassing, pausing only for such time as is reasonable and usual when persons are using a highway as such. A man has no right to stand on the highway in order to shoot pheas...
Highway
Highway, means a National Highway declared as such under s. 2 of the National Highway Act, 1956 (48 of 1956) and includes any Expressway or Express Highway vested in the Central Government, whether surfaced or unsurfaced, and also includes:(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose of the Highway or transferred for such purpose by the State Government to the Central Government;(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such Highway; and(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway accessories and materials on such Highways. [Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), s. 2(e)]1. Broadly, any main route on land, on water, or in air2. Jain Public road connecting towns or cities, Black's Law Dictionary, 7th Edn., p. 734....
Highway administration
Highway administration, means the Highway Administration established under s. 3, the Control of National Highways (Land and Traffic) Act, 2002, s. 2(f)....
Highway rate
Highway rate, a tax for the maintenance and repair of highways, now forming part of the general rate; see the Rating and Valuation Acts, 1925-1932....
Highway robbery
Highway robbery. See (English) ROBBERY, and Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 40-43), in which, however, no distinction is drawn between highway and any other robbery....
Highway
A road or way open to the use of the public especially a paved main road or thoroughfare between towns in the latter sense it contrasts with local street as on the highways and byways...
Way
Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers.1. A passage or pat 2. A right to travel over another's property, Black's Law Dictionary, 7th Edn., p. 1587.There are three kinds of ways:-1st, a footway (iter); 2nd, a footway and horseway (actus, vulgarly called packe and prime way; 3rd, via or aditus, which contains the other two, and also a cartway, etc.; and this is two-fold, viz., regia via, the king's highway for all men, and communis strata, belonging to a city or town or between neighbours and neighbours. This is called in our books chimin, Co. Litt. 56 a.All ways are divided into highways and private ways. A right of way strictly means a private way, i.e. a privilege which an individual or a particular description of persons may have of going over another's ground. Such a right is an incorporeal hereditament.A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike ...
Bridge
Bridge [g'fnra, Gk.; pons, Lat.; bric, Sax.], a building erected across a river, ditch, valley, or other place, for the common benefit of travellers. The' Statute of Bridges' (22 Hen. 8, c. 5), (which see, with other statutes, Chitty's Statutes, tit. 'Highways (Bridges)'), provides for the rating of the inhabitants of a county or borough for the repair of bridges not repairable by any person ratione tenur'. As to the offence of pulling down, throwing down, or destroying a bridge, see (English) Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), ss. 29 and 33.The management of county bridges is transferred from justices to county councils by s. 3, para Viii., of the (English) Local Government Act, 1888; and by s. 6 of the same Act the county councils may purchase bridges not being county bridges, and may erect new bridges. And see (English) Pub. Health Act, 1936, s. 343. The construction and repair of railway bridges over or under a public highway is mainly regulated by the (English) Rail...
Unauthorised occupation
Unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. [Public Premises (Eviction of Unauthorised Occu-pants) Act, 1971 (40 of 1971), s. 2 (g)]The expression 'unauthorised occupation' is explain-ed in s. 437A of the Bombay Provincial Municipal Corporation Act, 1949 in relation to any person authorised to occupy any municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined, Ahmedabad Municipal Corporation v. Ramanlal Govindram, AIR 1975 SC 1187: (1975) 1 SCC ...
Milestone
Milestone. The trustees of turnpike roads were, very early in the history of such roads (see 3 Geo. 4, c. 26, s. 119), under an obligation to set up and maintain milestones, but no such legal obligation is expressly imposed upon the managers of public highways, although the Highway Rate, etc., Act, 1882 (45 & 46 Vict. c. 27), repealed, except as to London and Scilly, by the Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90); by s. 6 constituted 'the expenses incurred by a highway authority in maintaining, replacing, or setting up milestones on any highway' a 'lawful charge upon the highway rate.' Milestones are included among road improvements for purposes of the (English) Development and Roads Improvement Funds Act, 1909, by the Roads Improvement Act, 1925, s. 2....
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