Highway Act 1835 - Parish Boards

Parish Boards

The Highway Act 1835 placed highways under the direction of parish surveyors, and allowed them to pay for the costs involved by rates levied on the occupiers of land. The surveyor's duty is to keep the highways in repair, and if a highway is out of repair, the surveyor may be summoned before the courts and ordered to complete the repairs within a limited time. The surveyor is also 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 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.

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.

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