Highways - Law Dictionary Search Results
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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 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....
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 ...
Locomotives. I
Locomotives. I. On Highways.--Locomotives on highways are of two classes: (a) Light Locomotives; (b) Heavy Locomotives.(a) Formerly the expression light locomotive and motor car meant the same apart from certain provisions as to registration. As to motor cars, see MOTOR CAR.Now light locomotives as defined by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), are mechanically propelled vehicles which are not constructed themselves to carry any load (other than water, fuel, equipment, tools, etc.), and the weight of which unladen does not exceed 11-1/2 tons, but does exceed 7-1/4 tons. Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43).A person under 21 shall not drive a light locomotive (s. 9), two persons must be employed in driving or attending, and if driving a trailer one or more in addition (s. 17). The period of continuous driving by any one person is limited by (s. 19) to 5-1/2 hours amounting to not more than 11 in the aggregate in 24 hours, and the driver is to have at ...
Route
Route, means a line of travel which specifies the highway which maybe traversed by a motor vehicle between one terminus and another. [Motor Vehicles Act, 1988, s. 2 (38)]Under s. 2(28A) inserted by s. 2 of Act 56 of 1969 the word 'route' has been defined as meaning 'a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another', Mysore State Road Transport Corporation v. Mysore State Transport Appellate Tribunal, AIR 1974 SC 1940: (1975) 1 SCR 615: (1974) 2 SCC 750.A route as defined is a line of travel between two termini on a highway, but the idea of a route as a notional line that the definition suggests has not been consistently maintained in the Act. A route may mean not only the notional line of travel between one terminus and another, but also the area of the road over which the motor vehicles ply. Yet the two terms are not inter-changeable, D. Papiah v. Mysore State Transport Appellate Tribunal, AIR 1976 SC 1731: (1976) ...
Tree
Tree. Overhanging branches may be cut by an adjoining owner without notice to the owner of the tree, provided that the adjoining owner does not go upon the land of the owner of the tree, Lemmon v. Webb, 1895 AC 1. No right can be acquired by prescription for trees to overhang: per Lord Macnaghten, ibid.; and an action lies for damage to crops by overhanging trees, Smith v. Giddy, (1904) 1 KB 448.By the highway Act, 1835, ss. 64-66, no tree may be planted within 15 feet of the centre of a highway. See Stillwell v. New Windsor Corpn., (1932) 2 Ch 155 (highway authority removing trees transplanted on ancient highway).Power to plant trees is given to all highway authorities by the Roads Improvement Act, 1925, and also the removal of trees on adjacent land which obstruct the view at corners.As to the power to lop trees overhanging any street or public road in order to prevent interference with a telegraphic line, see the Telegraph (Construction) Act, 1908 (8 Edw. 7, c. 33). See TELEGRAPHS; ...
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
Barbed-wire
Barbed-wire. By the (English) Barbed Wire Act,1893 (56 & 57 Vict. c. 32), s. 2, 'barbed wire' means any wire with spikes or jagged projections; and the expression 'nuisance to a highway,' as applied to it, means barbed wire which may probably be injurious to persons or animals lawfully using such highway. A local authority can require the removal of barbed wire adjoining a highway when it thus constitutes a nuisance; but on lands not adjoining a highway a person is in general under no liability for the use of such wire....
Trunk Roads Act, 1936
Trunk Roads Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 5), provides that the Minister of Transport shall be the highway authority for the principal roads in Great Britain which constitute the national system of routes for through traffic. Such roads which become Trunk Roads are set out in the Schedule.By s. 13 road means a highway and includes any part of a highway and any prepared road and any bridge over which a highway passes or a proposed road is intended to pass, and trunk road shall be construed accordingly...
By-pass
By-pass, in relation to cattle-grid provides for a highway, means a way, over land not comprised within the limits of the highway, for the traffic for which the by-pass is provided, with a public right of way over it (1) for that traffic and for any other traffic entitled to use the highway before the by-pass was provided, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 377, p. 277....
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