HIGHWAYS. (Hansard, 26 February 1833)

§ Mr. Portman

rose to move, pursuant to the notice which he had given, for leave to bring; in a Bill to consolidate and amend the laws relating to Highways. The subject was one of very great importance, and he should, therefore, with as much brevity as possible, 1145 State to the House the nature and extent of the proposition which he meant to bring forward. The manner in which road surveyors were chosen at present was objectionable, and, therefore, instead of their being selected by the inhabitants of a district, and afterwards approved of by two Magistrates, he purposed to empower the vestry of each parish to nominate their own surveyor, without any reference to any superior authority. This he thought would be a desirable improvement; but he, at the same time, intended that the several parishes comprised in a district should be allowed the option of electing the same individual if they should think fit to do so. Should the arrangement be found to work advantageously, other improvements might afterwards take place. Another point respecting which alteration was proposed in this Bill, was the mode in which funds were raised for the purpose of keeping the highways in proper repair. This was done at present by the imposition of various and distinct rates, which occasioned great uncertainty in the amount; but for those rates he proposed to substitute a highway-rate, founded upon the Poor-rates. There was another important change which he contemplated effecting, a change which had not only the sanction of the hon. member for Wigan, but also that of the Committee that had sat upon the subject in the last year. That change related to the altering, diverting, or stopping up of highways, and he meant to include footways as well as carriage-roads. Where a public highway or thoroughfare became useless, or was not worth the expense of being kept up, he intended that, on the decision of a majority of a vestry meeting being obtained, the surveyor would be at liberty to stop it up, reserving, however, to any party who might be aggrieved by the circumstance the right of appeal to the Sessions. He believed that the plan would prove satisfactory, not only to the Members of that House, but to the country generally. So far from meaning to limit this power to the majority of a vestry meeting, it was his intention to extend it to individuals, on their consenting to take upon themselves the whole responsibility of the expense; and, in cases of appeal, it was proposed, in order to prevent vexatious opposition, to subject the appellant, in the event of his failing to bring the matter to a decision, to any costs that might be incurred in consequence. By 1146 the law as it stood there was no appeal, and therefore this would be a great improvement. He further proposed, that the accounts of the surveyors should all be sworn to, and that they should subsequently undergo inspection by the auditors or way wardens. His next proposal might perhaps give rise to some difference of opinion, but he still considered it to be a most desirable amendment of the law. He proposed that the roads for the distance of 100 yards on either side of county bridges should be kept in repair by the respective trusts ratione de jure, but he did not mean to oblige these trusts to contribute anything towards keeping in order the carriage way across the bridges themselves. If the House should concur in deeming this Bill a desirable measure, he intended that it should take effect from next October, and that the appointment of the surveyors should take place at the same time as the election of overseers. He also intended that the labour and materials necessary for keeping up all public highways should be obtained by contract in the ordinary way. The hon. Gentleman then moved for leave to bring in the Bill.